Is It a Crime to Text Someone to Commit Suicide?
Is It a Crime to Text Someone to Commit Suicide? Without context, jokes can take on a completely different meaning. To the wrong eyes, a conversation between two friends can appear to be angry, repulsive and downright mean-spirited. The same is true of conversations that are not jokes, but attempts to help persons stuck in difficult emotional or medical circumstances. This was the case of Michelle Carter, a Massachusetts woman…
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Is a Hate Crime a Felony? (PC 422.55)
Is a Hate Crime a Felony? (PC 422.55) In California, a criminal act committed against another person that is motivated by prejudice against certain characteristics of that person is considered a hate crime. Under California Penal Code Section 422.55, those characteristics include the alleged victim’s: Race or ethnicity Nationality Sexual orientation Religion Gender Disability, or Association with a person or group with one or more of these actual or perceived…
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Can Verbal Abuse Be Elder Abuse? (PC 368)
Can Verbal Abuse Be Elder Abuse? (PC 368) Most people know that elder abuse is a crime in California. However, many people do not fully understand the crime of elder abuse under California Penal Code Section 368. When you think of elder abuse, you may think of physical abuse of an elderly person or taking advantage of an elderly person for financial gain. However, there is much more covered under…
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Can You Be Charged with Hit and Run if You Returned to the Scene? (VC 20001 & 20002)
Can You Be Charged with Hit and Run if You Returned to the Scene? (VC 20001 & 20002) Being invovled in a car accident can be scary. The shock of being in a collision with another vehicle may cause you to panic and flee the scene. Let’s say this happens to you, but you soon begin to realize you made a mistake. If you return to the scene of the…
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Proposed California Law Would Expunge Marijuana Convictions
Proposed California Law Would Expunge Marijuana Convictions Update: California Governor Jerry Brown approved AB 1793 into law. As noted below, the law will require the Department of Justice to identify records that could be expunged by July 1, 2019. The prosecution will have until July 1, 2020 to determine whether to challenge the resentencing, dismissal or record sealing. However, you may not have to wait until 2020 to expunge your…
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How a Ballistics Database Could Link You to a Crime Through Your Gun
How a Ballistics Database Could Link You to a Crime Through Your Gun Every person has a unique fingerprint. Most everyone knows this. But, did you know that every gun has something similar? When a gun is fired, it leaves unique markings on each shell casing. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has a little-known program in place that uses these “firearm fingerprints” to link suspects to…
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Bill Banning Civil Arrests in Courthouses Makes Governor Brown’s Desk (SB 349)
Bill Banning Civil Arrests in Courthouses Makes Governor Brown’s Desk (SB 349) One of the major platforms for the Trump Administration since taking office has been to crack down on illegal immigration. As a result, Immigrations and Customs Enforcement (ICE) officials have reportedly made arrests of undocumented immigrants who were appearing in court. In late August, ICE entered the Sacramento Superior Court and handcuffed and arrested a man inside the…
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What are the Penalties for Credit Card Fraud? (PC 484)
What are the Penalties for Credit Card Fraud? (PC 484) Under California Penal Code Section 484, it is illegal to engage in fraudulent activity involving credit or debit cards and/or the information contained within a credit or debit card account. “Fraudulent activity” is considered any activity that deceives another person so that person suffers a loss while you obtain some kind of gain. There are many ways you could be…
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Legal Self Defense in California
Legal Self Defense in California In California, you are allowed to use reasonable self defense in order to protect yourself or others from injury or death. So, what is “reasonable” in terms of self defense? For self defense to be a valid legal defense to criminal charges in California, your act must meet the following three elements: You reasonably believed that you were in imminent danger of suffering serious bodily…
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What is a Specific Intent Crime?
What is a Specific Intent Crime? Words like “knowingly” and “willfully” are often brought up in the criminal justice system when determining a defendant’s guilt. That is because many crimes require not only that a person committed an act, but that he or she intended to commit that act. These crimes are referred to as “general intent crimes.” The most severe crimes involve a defendant who not only intended to…
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