Legal Definitions
Penal Code Section 187
Murder
Murder is a serious charge that must be defended by competent, experienced attorneys. There are many levels of murder each involving varying sets of circumstances and punishment.
The California Penal Code defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. If you are charged with murder, the
penalty range is 15 years to life without possibility of parole.
Manslaughter is the unlawful killing of a human being without
malice. Voluntary manslaughter is punishable by imprisonment in
the state prison for three, six, or eleven years. Involuntary manslaughter is punishable by imprisonment in the state prison for two, three, or four years.
It is important that you discuss this charge thoroughly with an attorney so that he/she may represent you knowing all the facts thereby allowing him/her to competently discuss the case with the prosecutor and to represent you in a court of law.
187. Murder Defined. (a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
191.5. (a) Gross vehicular manslaughter while intoxicated is the
unlawful killing of a human being without malice aforethought, in the
driving of a vehicle, where the driving was in violation of Section
23140, 23152, or 23153 of the Vehicle Code, and the killing was
either the proximate result of the commission of an unlawful act, not
amounting to a felony, and with gross negligence, or the proximate
result of the commission of a lawful act which might produce death,
in an unlawful manner, and with gross negligence.
192. Manslaughter is the unlawful killing of a human being without
malice. It is of three kinds:
(a) Voluntary--upon a sudden quarrel or heat of passion.
(b) Involuntary--in the commission of an unlawful act, not
amounting to felony; or in the commission of a lawful act which might
produce death, in an unlawful manner, or without due caution and
circumspection. This subdivision shall not apply to acts committed
in the driving of a vehicle.
(c) Vehicular--
Penal Code Section 207
Kidnapping
207. Kidnapping defined.
(a) Every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping.
Penal Code Section 236
False Imprisonment
236. False imprisonment defined.
False imprisonment is the unlawful violation of the personal liberty of another.
Penal Code Section 459
Burglary
Section 459 of the California Penal Code defines burglary as the entry of a building with intent to commit grand or petit larceny or any felony is guilty of burglary.
Burglary is punishable as follows:
1. Burglary in the first degree: by imprisonment in the state
prison for two, four, or six years.
2. Burglary in the second degree: by imprisonment in the county
jail not exceeding one year or in the state prison for up to three years
It is imperative that you seek the advice of an attorney so that every aspect of your case from the time of arrest, to incarceration, to trial may be reviewed for an assurance that all of your constitutional rights have been protected.
459. Burglary defined.
Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary.
Penal Code Section 211
Robbery
Section 211 of the Penal Code defines robbery as the taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. Robbery is punishable by imprisonment, based on the degree of the robbery, from two to nine years in state prison. The degree of the robbery charge/conviction are based upon the facts and circumstances of the case. A competent attorney will be able to assess the factual situation and work with the prosecutor and/or jury to represent you in the most beneficial way.
211. Robbery defined.
Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.
Penal Code Section 245
Assault with a deadly weapon
Assault with intent to inflict great bodily injury
A person who commits an assault upon another person of
with a deadly weapon or by force likely to produce great bodily injury shall be
punished by imprisonment in the state prison for two, three, or four
years, or in a county jail for not exceeding one year, or by a fine
not exceeding ten thousand dollars ($10,000), or by both the fine and
imprisonment.
240. Assault defined.
An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another
Penal Code Section 261
Burglary
261. Rape defined
(a) Rape is an act of sexual intercourse accomplished with a
person not the spouse of the perpetrator, under any of the following
circumstances:
Penal Code Section 451
Arson
451. Arson defined.
A person is guilty of arson when he or she willfully and
maliciously sets fire to or burns or causes to be burned or who aids,
counsels, or procures the burning of, any structure, forest land, or
property.
White Collar Criminal Defense
The firm handles business related crimes in both the federal and state courts, including bribery, embezzlement, toxic and environmental cases and corporate security violations.
Penal Code Section 503
Embezzlement
The crime of embezzlement is defined by the California Penal Code as the fraudulent appropriation of property by a person to whom it has been intrusted. In other words, if you work in a company and handle money or property as part of your duties and you steal the money or property, you can be charged with embezzlement. This is considered a white collar crime and in today’s financial climate, it is a serious charge which can affect you for the rest of your life.
Embezzlement is punishable by many years in prison depending on the amount of money taken.
Penal Code Section 92
Bribery
Bribery is defined as any person who offers to give a bribe to someone who is authorized by law to hear a case or decide a question or controversy with the intent to influence his decision. Bribery is punishable in the state prison for two, three or four years depending on the facts.
Penal Code Section 118
Perjury
Perjury is defined as a person who has taken an oath to tell the truth willfully states as true something which he or she knows is false. Perjury is punishable in the state prison for two, three or four years depending on the facts.
Juvenile Cases
The attorneys have experience in matters in which juveniles are accused of committing crimes and where the criminal justice system attempts to make a minor a ward of the juvenile court.
Grand Jury Practice
Subpoenas, immunity and claims of fifth amendment privilege. When can a person refuse to appear and answer questions before a Grand Jury?
California Vehicle Code Section 23140, 23152 (misdemeanor) and 23153 (felony/injury)
Driving Under the Influence
Driving under the influence of alcohol or drugs is considered a very serious offense by the courts in California. The California Vehicle Code specifies that
driving a vehicle while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug is a violation of the law. If your blood alcohol is 0.08 or more, it is unlawful to drive a vehicle. The crime becomes a felony with possibility of state prison when there is an accident with injury or when there are four DUI’s in 10 years.
The punishment for a first violation of DUI can be up to six months in the county jail and a fine of up to $1,000. Your driving privileges may be suspended or revoked by the Department of Motor Vehicles.
If you have been arrested for driving under the influence, an attorney should be contacted immediately so that you may be advised of the necessary actions to be taken for an effective defense.
23152. (a) It is unlawful for any person who is under the influence
of any alcoholic beverage or drug, or under the combined influence
of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle.
23152. (a) It is unlawful for any person who is under the influence
of any alcoholic beverage or drug, or under the combined influence
of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle.
Government Code Section 1090
Conflict of interest
Section 1090 of the Government Code states that members of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity,
or by any body or board of which they are members. Nor shall state,
county, district, judicial district, and city officers or employees
be purchasers at any sale or vendors at any purchase made by them in
their official capacity.
Persons found guilty of a conflict of interest could be sent to state prison.
Health and Safety Code Sections 11357, 11358, 11360, 11364
Drug Charges
Drug charges are defined in the California Health and Safety Code and range from simple possession charges (11357, 11377, 11350 H&S) ,possession for sale (11351,11359, 11378, H&S) or the unlawful transportation, or sale of methamphetamine, cocaine, marijuana, etc.(11360, 11379, 11352 H&S).
Consequences range from drug programs through serious state prison sentences.
11357. Possession
(a) Except as authorized by law, every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a period of not more than one year or by a fine of not more than five hundred dollars ($500), or by both such fine and
imprisonment, or shall be punished by imprisonment in the state prison.
11358. Planting, harvesting or processing.
Every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof, except as otherwise provided by law, shall be punished by imprisonment in the state prison.
11359. Possession for sale.
Every person who possesses for sale any marijuana, except as otherwise provided by law, shall be punished by imprisonment in the state prison.
11360. Unlawful transportation, importation, sale, or gift of marijuana.
(a) Except as otherwise provided by this section or as
authorized by law, every person who transports, imports into this
state, sells, furnishes, administers, or gives away, or offers to
transport, import into this state, sell, furnish, administer, or give
away, or attempts to import into this state or transport any
marijuana shall be punished by imprisonment in the state prison for a
period of two, three or four years.
(b) Except as authorized by law, every person who gives away,
offers to give away, transports, offers to transport, or attempts to
transport not more than 28.5 grams of marijuana, other than
concentrated cannabis, is guilty of a misdemeanor and shall be
punished by a fine of not more than one hundred dollars ($100). In
any case in which a person is arrested for a violation of this
subdivision and does not demand to be taken before a magistrate, such
person shall be released by the arresting officer upon presentation
of satisfactory evidence of identity and giving his written promise
to appear in court, as provided in Section 853.6 of the Penal Code,
and shall not be subjected to booking.
11364. Possession of instrument or paraphernalia for injecting or smoking controlled substance.
(a) It is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking (1) a controlled substance.
