Author: spiralmode

We’ve all heard stories about people who are charged with attempted crimes such as attempted murder, attempted assault, or attempted burglary. While we’re familiar with the concept of attempted crimes, few of us fully understand how it’s possible to be charged and even convicted, of a crime that didn’t actually happen. The issue of attempted crimes in California is discussed in Penal Code 664 PC. The law defines attempted crimes as any instance when a person makes a concentrated effort to pull off an actual crime and break the law. The fact that the intent was real, even if the person failed to completely follow through in their attempt to break the law. The law specifically states that “every person who attempts to commit any crime, but fails, or is prevented or intercepted in its perpetration, shall be punished where no provision is made by law for the punishment of those attempts.” There are several examples of attempted crimes. These examples include:
  • A victim escaping and fleeing from a sexual assault scenario
  • Breaking into a house, but being stopped before anything is actually stolen
  • A gun backfiring during what would have been a murder
29 March, 2022 /

Disability placards aren’t something everyone in California can appropriate and use for their own purposes. Getting caught misusing a disability placard in California can land you on the wrong side of the law. If you think you can misuse a disability placard and not get caught,...

29 March, 2022 /

Humans are funny. Whenever we’re given an order, we have an almost overwhelming compulsion to rebel against it. While rebellion is okay in certain situations, when that order comes directly from a police officer, it’s in your best interest to ignore your instincts. The vast majority...

29 March, 2022 /

We’ve all done it at some point or another. We’ve left home without our driver’s license. This isn’t a major deal as long as you are walking or riding around as a passenger. If you’re driving, it has the potential to be a major problem....

29 March, 2022 /
Your home is the place where you should always feel safe, which is why crimes that include home invasions are so horrible. Lately, home invasions, the right to protect your home, and something California lawmakers refer to as Castle Doctrine have been getting a great deal of media attention. The reason these topics have been in the news so much is in large part to the number of alleged home invaders who have been killed by the homeowners/legal residents. For example, in July, there were three different incidents of home invasions that took a fatal turn in the Sacramento area. The right to protect yourself and your home when it’s illegally entered has been a part of California’s legal system since 1872. The law, which is Penal Code 198.5 PC, states:
    “Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred. As used in this section, great bodily injury means a significant or substantial physical injury.”
While this is referred to as castle doctrine by California’s lawmakers, in other parts of the country it’s referred to as the Stand Your Ground law. While castle doctrine allows you to protect your home, it doesn’t provide you with grounds to attack anyone who walks through your front door. In order to claim castle doctrine, you must:
  • Show that you had reason to believe that the person was illegally entering our home
  • That the intruder wasn’t a family member who had a reasonable right to enter your home
  • That you had reason to believe that the intruder intended to use force to either injure or kill you or a member of your family
14 March, 2022 /

Most of us hear the word mayhem and instantly think of those weird auto insurance commercials that feature a character name Mayhem creating strange accidents to show why you need auto insurance. Anyone who has ever faced mayhem charges in California knows that the state has...

14 March, 2022 /

Many people spend the entire year looking forward to St. Patrick’s Day. The holiday is a huge deal in some locations, particularly those that have a large Irish American population. The great thing about St. Patrick’s Day is that the holiday is basically a 24-hour party....

14 March, 2022 /
The justice system labels crimes as infractions, misdemeanors, and felonies. While these different categories of legal offenses have been around for a long time, very few people who aren’t directly connected to law enforcement or criminal lawfully understand how each type of crime is different.’

Infractions

People who are guilty of an infraction have technically committed a crime, but that crime is generally considered extremely petty. Rather than being arrested and potentially going through a trial, the individual is issued a ticket/citation. The most common infractions involve driving-related incidents. Examples of such infractions include:
  • Speeding
  • Failing to stop completely at stop signs
  • Using a cell phone while driving
  • Illegal U-turns
  • Etc
Don’t assume that you don’t have many options when you’re handed a ticket that alleges that you’ve committed an infraction. While most people opt to simply pay the fine, you do have the option to appear before a judge and argue your case. The biggest thing that separates infractions from both misdemeanors and felonies is that the infraction won’t show up as a criminal record… though your car insurance company will be able to find out about it. It’s also important to note that if you amass too many traffic infractions, you’ll lose your driving privileges.

Misdemeanors

Anything that California considers a misdemeanor is an illegal act, one that’s considered more serious and a greater threat to society than a simple traffic ticket. If you’re charged with a misdemeanor you have the option of a trial and could be convicted. Whether you plead guilty to the misdemeanor or are convicted by a jury, the misdemeanor will become a part of your criminal record. While nearly everyone is familiar with the term misdemeanor, few people realize that California actually has two different classes of misdemeanors: standard misdemeanors and aggravated misdemeanors. The biggest difference between the two types of misdemeanors in California is the sentence connected to the crime. The maximum sentence connected to a standard misdemeanor is six months of incarceration and/or a $1,000 fine. The maximum sentence for an aggravated misdemeanor is one year of incarceration and/or a $2,000 fine.

Felonies

The most serious charges a person faces in California are felonies. These are divided into three different categories:
  • The non-aggravated felony-the maximum sentence for the first conviction is a year of imprisonment and/or a $10,000 fine
  • Aggravated Felony-Has a maximum sentence of life in prison and/or a $10,000 fine
  • Enhanced Felony- Has a maximum sentence of life in prison and/or a $10,000 fine
14 March, 2022 /

Businesses that have gone through the effort of applying for a California liquor license and who are approved agree to only sell alcohol during the permitted hours. The good news is that there aren’t many times when you’re not allowed to sell alcohol to customers....

21 February, 2022 /

A type of robbery that has been dubbed smash n grab has started to plaque the United States, but it has become especially common in California. In November 2021 witnesses became alarmed when they noticed a large group of about 40 to 50 people swarm...

21 February, 2022 /
easy-bond-approval-in-garden-grove Eavesdropping is something we’ve all done at some point in our lives. Normally, it involves staying quiet and remaining shrouded in mystery while we listen to someone discuss either ourselves or someone we know. In most cases, eavesdropping is fairly harmless, however, there are some circumstances where your eavesdropping could result in you facing criminal charges. The challenge with eavesdropping in California is that the state is a “two-party consent” state. That means that California lawmakers feel that when it comes to having confidential communications in a space where the people involved in the conversation have a reasonable expectation of privacy, eavesdropping is prohibited, particularly if the eavesdropper hopes to gain something from the information they learn while spying on the conversation. The topic of eavesdropping in California is dealt with in California Penal Code 632 PC. It’s important to note that while this law does discuss eavesdropping, it does clarify that in legal cases, the eavesdropper had to have done more than simply overhear a private conversation. They must have made a concentrated effort to eavesdrop. Examples of this would be using a recording device or amplifier to catch all elements of the conversation. The California law specifically states that,
    “a person who, intentionally and without the consent of all parties to a confidential communication, uses an electronic amplifying or recording device to eavesdrop upon or record the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished.”
21 February, 2022 /

California has a reputation as being a great place for pedestrians. The weather makes it possible for pedestrians to walk year-round and the state has done a wonderful job of creating places where pedestrians can stroll without encountering traffic. While pedestrians are invited to enjoy...

21 February, 2022 /