If you or someone you know has been charged with a crime in California, you’ll want as much information as possible about the crime and its consequences. What does the prosecutor have to prove in order to get a conviction? What’s the sentence; is it a range, and what factors might affect a judge’s decision to impose a lower or higher sentence? Most importantly, are there any legally recognized defenses to this charge?
The articles on this page give you this information for specified California crimes. If you want to read the laws themselves, you’ll find citations to them (see “Looking Up the Law,” below, for tips on how to find the law online). But most of the time, our summaries will give you what you need.
Be sure to understand that no legal article is a substitute for a knowledgeable criminal defense attorney, who regularly practices in your area. The “letter of the law” is only your starting point. Working with your attorney, you should come to understand how the amount and quality of the evidence in your case will affect your options, which may range from attempting to get the case dismissed, to negotiating a plea, to going to trial.
SEX CRIMES
In California, sex crimes cover everything from drunkenly skinny dipping in a hotel pool, to texting lewd pictures to a minor, to downloading child pornography. Sex crimes can draw extremely serious penalties. Those convicted face long prison terms and lengthy probations. Many are labeled sex offenders.
DRUG CRIMES
Drug crimes in California involve the possession, sale, transportation, manufacturing, transportation for sale of an unlawful narcotic, money laundering, drug trafficking and distribution. San Diego narcotics crimes and Southern California drug offenses are the unlawful use or possession of narcotics including cocaine in its base form (crack), marijuana, methamphetamine (speed), heroin, LSD, cocaine, PCP, ecstasy, as well as unauthorized use, possession or sale of prescription drugs such as Vicodin or Oxycontin.
FIREARMS / WEAPONS
Assault with a firearm is a form of California assault. It will be charged if you are alleged to have used a firearm to commit an assault.
- California law defines an “assault” as an unlawful attempt to commit a violent injury on someone else—coupled with the present ability to do so. An assault can occur even if no one is actually injured.
- Thus, you may be accused of assault with a firearm if you:
- Shoot at someone with a gun (even if you don’t hit them);
- Point a loaded gun at someone; or
- Bludgeon or pistol-whip someone with a gun (or attempt to do so).
THEFT
Many people charged with theft crimes are good, productive citizens who made an unfortunate mistake…and deserve a second chance rather than a permanent criminal record and jail time. Moreover, sometimes innocent people get wrongly accused of theft crimes based on false allegations or misleading evidence.
Cases involved with theft are: Petty Theft, Grand Theft, Identity Theft, Appropriation of Lost Property, Receiving Stolen Property, Burglary, Grand Theft Auto, Grand Theft Firearm, Auto Burglary and Embezzlement.
FRAUD
Generally speaking, you violate California’s criminal fraud laws anytime you
- Commit an act that results in an unfair or undeserved benefit for yourself, and/or
- Cause harm or loss to another person.
Fraudulent acts are most frequently driven by two motives: (1) financial gain, or (2) the desire to escape criminal culpability. That said, there are a substantial number of fraudulent acts that California penalizes…some that are clearly based on these motives and some that are not.
ARSON & PROPERTY CRIMES
Vandalism and Arson are two classes of criminal damage to property crimes. Damaging property may not seem like a very serious offense and for the most part property crimes are punished less severely than crimes committed against people in California.
But any criminal conviction, even a misdemeanor offense, with small fines, and minimal probation, leaves you with a permanent criminal record that can follow you for life.
And many vandalism and arson offenses are much more serious than that. If the property crime puts people at risk of being injured or if the property damaged has a high value, then the seriousness of the offense is multiplied.
JUVENILE CRIMES
Vandalism and Arson are two classes of criminal damage to property crimes. Damaging property may not seem like a very serious offense and for the most part property crimes are punished less severely than crimes committed against people in California.
But any criminal conviction, even a misdemeanor offense, with small fines, and minimal probation, leaves you with a permanent criminal record that can follow you for life.
And many vandalism and arson offenses are much more serious than that. If the property crime puts people at risk of being injured or if the property damaged has a high value, then the seriousness of the offense is multiplied.
CHARGED WITH A FELONY?
- SEX CRIMES
- DRUG CRIMES
- FIREARMS / WEAPONS
- THEFT
- FRAUD
- ARSON & PROPERTY CRIMES
- JUVENILE CRIMES
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