Domestic Battery and Gun Rights (PC 243(e)(1)) A domestic battery conviction could lead to harsh penalties. If you are convicted of domestic battery under PC 243(e)(1), you face up to 364 days in county jail and fines of up to $2,000. You may also be required to complete a batterer’s class. Additionally, you will lose […]
Is It Illegal to Shoot a BB Gun in California? (PC 246.3) “You’ll shoot your eye out, kid.” Every holiday season, you can’t turn on your TV without hearing that warning from Santa Claus to Ralphie in the classic movie, A Christmas Story. All Ralphie wanted from Santa was “an official Red Ryder carbine action, […]
How the Fourth Amendment Impacts Your DNA Rights In 2006, Daniel Marquez was arrested in Ventura County for an alleged drug possession offense. His DNA sample was collected four days later without a warrant and without his consent. In 2008, Orange County investigators obtained DNA evidence from a robbery that matched Marquez’s DNA profile in […]
Is Domestic Battery a Felony or a Misdemeanor? (PC 243(e)(1)) If you willfully commit a harmful or offensive touching on a significant other, roommate, child, family member or cohabitant, you could be charged with domestic battery under California Penal Code Section 243(e)(1). Will you be facing misdemeanor or felony charges if you are accused of […]
The 4 Most Common Mistakes Defendants Make in Criminal Cases Our skilled criminal defense attorneys have been successfully defending clients facing criminal charges for more than 40 years. When a client hires Wallin & Klarich, we advise them on how best to handle their case. But sometimes, clients do not listen to our advice and […]
The Elements Required to Add a Gang Enhancement to Your Sentence (PC 186.22(b)) Fear of gang violence across California in 1988 led to the passage of the Street Terrorism Enforcement and Prevention Act. Known as the “STEP Act,” this law determined that a person who engaged in specific crimes as a gang member or helped […]
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 […]
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 […]
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 […]
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 […]
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