◈ Homepage — https://www.pasadenadefense.com/301 East Colorado Blvd. Suite 520, Pasadena CA 91101 626-628-0564 Home About Us Practice Areas FAQ Testimonials Contact Us Get an Experienced, Compassionate, and Aggressive Attorney Defending You and Your Freedom Take the First Step Toward Fighting Your Criminal Charges Free Consultation Leah Naparstek Leah Legal Pasadena Criminal Attorney A criminal charge can suddenly turn your life for the worst in a matter of seconds. All it takes is having flashing red lights on your rearview or having a uniformed police officer at your door. An arrest for an alleged misdemeanor or felony in Pasadena, CA, can be traumatic. To make matters worse, going through the Los Angeles County criminal justice system can be an anxiety-inducing experience. When you have so much at stake, all you need is an attorney experienced in defending people charged with felony and misdemeanor crimes in Pasadena and its surrounding areas. Here at Leah Legal Pasadena Criminal Attorney, we believe in a multifaceted approach to every case as we strive to offer our clients the best services. What Makes Our Firm Unique Our law firm is based on unique characteristics, which are the hallmark that distinguish it from others. These characteristics give a strong foundation and reason why you should hire us. These characteristics are as follows: Hard-Working And Competent Lawyers Commitment To Quality Spirit Of Collegiality Loyalty To Our Clients Quality Leadership Accountability In Everything That We Do Our Core Values The success of our law firm is rooted in our core values. These values are the foundational principles that define what we stand as individuals and as a firm. Integrity We aim to be respectful, ethical, and trustworthy in all our actions. We also aim to honor our commitments and be accountable for all our success and failures. Collaboration We rely on diverse perspectives by sharing and respecting every input from our colleagues, clients, and third-party service providers. Our collaborative approach also relies on open communication of all relevant information consistently and constructively. Excellence We aim at relentlessly delivering outstanding results in everything that we do. We improve our performance continually and stress the importance of maintaining quality and productivity. Honesty Honest communication is the basis of any strong relationship. That's why we always act with integrity to build a strong relationship internally and with our clients. We achieve this by maintaining loyalty, friendship, compassion, and being good listeners. Stages of Criminal Court Process The California criminal system is a bureaucratic maze. Once you in, you may lack the idea of how to find your way around. The law and court rules are complex and can be confusing to someone unfamiliar with their technicalities. Leah Legal Pasadena Criminal Attorney can help you demystify the criminal court process and answer your specific case questions. Here is a brief guide to every stage. The Investigation Process Arrest and Charges The Arraignment Process The Bail Process The Pretrial Process The Trial Process The Sentencing Process The Appeal Phase The Investigation Process Unless the police witnessed you committing the alleged crime, the chances are that law enforcement officers will investigate before they arrest you. The investigation process involves collecting evidence, interviewing witnesses to piece together events surrounding a potential crime. The goal is to determine whether you committed the alleged crime. As part of the criminal investigation, the police will ask you questions and search you or your property. Even at this early stage of your case, you can benefit from the presence of our criminal attorneys. They will ensure that your rights are protected during the interrogation and the search. We will advise you on how you should conduct yourself, what questions you should answer, and your rights during the investigation. Don't Let a Criminal Charge Ruin Your Life! Get An Experienced Attorney Defending for You. Don't Wait. Call us Now Our Practice Areas Our principal focus is to serve clients throughout Pasadena to defend them from accusations of state and federal crimes. Armed with extensive knowledge of both federal and California statutes, trial experience, and case law, we provide our clients with meticulous, aggressive representation. We have successfully represented our clients in the Pasadena area that have faced accusation of: Assault & Battery California DUI Division Of Juvenile Justice Domestic Violence Driving Crimes Gambling Fraud Kidnapping Probation Violation Prohibited Weapons Our skilled legal team is committed to fighting and protecting your rights to further your best interest. Our efforts are geared towards suppressing damaging evidence, negotiating a fair plea bargain agreement, reduce the scope of your punishment, and avoid conviction. We also seek to expunge your criminal records when possible. Testimonials Recently got into trouble this past year and I was fearing for the worst, but Leah and her team achieved the best possible outcome for my scenario. Very professional and straight to the point on what will most likely happen with your case. Thank you guys so much. Jose R. Mrs. Naparstek did a wonderful job representing me with my case. True to her word during our initial consultation, she provided timely updates and successfully challenged opposing counsel As a result, my case was successful and moved through the system faster than expected. Highly recommend using her again. Jess Y. I highly recommend this Law Firm. I was working with them for more than a year. I can not say enough good things about them. They are professional, knowledgeable, and very willing but most important is they are nice, easy to get a hold of, sympathetic, non judgmental and all about the client. I got absolutely amazing results that I never expected and was worried to death. They made my worries go away. They are also reasonably priced and work with a client according to their financial ability. Absolutely 5 star firm. Yvonne L. Recently got into trouble this past year and I was fearing for the worst, but Leah and her team achieved the best possible outcome for my scenario. Very professional and straight to the point on what will most likely happen with your case. Thank you guys so much. Jose R. Mrs. Naparstek did a wonderful job representing me with my case. True to her word during our initial consultation, she provided timely updates and successfully challenged opposing counsel As a result, my case was successful and moved through the system faster than expected. Highly recommend using her again. Jess Y. I highly recommend this Law Firm. I was working with them for more than a year. I can not say enough good things about them. They are professional, knowledgeable, and very willing but most important is they are nice, easy to get a hold of, sympathetic, non judgmental and all about the client. I got absolutely amazing results that I never expected and was worried to death. They made my worries go away. They are also reasonably priced and work with a client according to their financial ability. Absolutely 5 star firm. Yvonne L. Recently got into trouble this past year and I was fearing for the worst, but Leah and her team achieved the best possible outcome for my scenario. Very professional and straight to the point on what will most likely happen with your case. Thank you guys so much. Jose R. Mrs. Naparstek did a wonderful job representing me with my case. True to her word during our initial consultation, she provided timely updates and successfully challenged opposing counsel As a result, my case was successful and moved through the system faster than expected. Highly recommend using her again. Jess Y. Common Legal Defenses In the effort of dismissing your case or reducing it, our skilled attorney will build a strong legal defense applicable to your charges. Here are a few common legal defense strategies that we apply every time our clients are charged with a criminal offense. Coerced Confessions Conduct thorough Accident Double Jeopardy Duress Entrapment Existence of Alibi Lack of Probable Cause Wrongful Arrest or False Allegation Coerced Confessions Sometimes the police may use overbearing measures to coerce an involuntary confession. Examples of illegal or improper interrogation tactics include: Continuing to interrogate you even when you've asked for a lawyer Depriving you sleep, water, or food Threatening and using other greater punishment Making false promises of leniency after a confession If our attorney can prove that the police coerced you into a confession, the judge might exclude the confession from evidence or drop your case. Our Services 3rd Offense DUI Auto Insurance Fraud Assault & Battery Assault on a Public Official Assault With A Deadly Weapon Assault With Caustic Chemicals Attempted Murder Battery on a Peace Officer Battery With Serious Bodily Injury Burglary California Marijuana Laws Carrying A Loaded Firearm Carjacking Check Fraud Child Abuse Child Abduction Child Endangerment Corporal Injury On A Spouse Credit Card Fraud Criminal Threats Domestic Battery Dissuading a Witness or Victim DMV Administrative Hearing Domestic Violence Drug Crimes Driving Crimes Driving Under The Influence Of A Drug (DUID) Driving with a Suspended License Dry Reckless DUI DUI Causing Injury DUI Laws In The State Of California DUI With A Passenger Under 14 Elder Abuse Embezzlement Evading A Police Officer Expungement Filing False Documents Fraud Crimes Forging or Altering a Prescription Grand Theft Gun Offenses Hit and Run Identity Theft Indecent Exposure Involuntary Manslaughter Juvenile Delinquency Juvenile Delinquency Court Juvenile Three Strikes Law Kidnapping Lewd Conduct Loitering To Commit Prostitution Manslaughter Misappropriation of Public Funds Murder Negligent Discharge Of A Firearm Oral Copulation by Fear/Force Offenses Minors Can Be Tried As Adults Parole Petty Theft Possession of a Controlled Substance for Sale Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Property Crimes Prostitution And Solicitation Rape Real Estate Fraud Restraining Orders Record Sealing Robbery Senate Bill 439 Sexual Battery Sex Crimes Simple Assault Simple Battery Statutory Rape Temporary Restraining Order Theft Crimes Trespass Underage DUI Vandalism Violent Crimes Voluntary Manslaughter Ward of the Court Welfare Fraud White-collar Crimes Don't Fight Your Criminal Charges Alone. Get Your Life Back On Track. Don't Wait. Free Consultation Take the First Step Towards Fighting Your Charges Call 626-628-0564 to speak with our attorneys today. We offer a free initial consultation as we give you the chance to get the answers you need and make an informed decision about your charges. Take the crucial first step of combating your charges and put your life back on track by contacting Leah Legal Pasadena Criminal Attorney. Submit Home About Us Practice Areas FAQ Testimonials Contact 3301 East Colorado Blvd. Suite 520, Pasadena CA  91101 Mon-Fri:8am - 5pm 626-628-0564 Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Copyright 2023 Leah Legal Pasadena Criminal Attorney. Terms Of Use | Privacy Policy Close Notifications ◈ Interior Pages — 107 pages crawledPasadena Rape Defense Attorney | Long Beach Criminal Lawyer for Rape Defense 301 East Colorado Blvd. Suite 520, Pasadena CA 91101 626-628-0564 Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Menu Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Rape Rape is the non-consensual intercourse accomplished through force, fraud, or intimidation. This definition seems straightforward, and the expectation is that the cases are simple. However, a rape allegation has several complexities. As an alleged offender, overcoming these charges could prove challenging. Many have been convicted of the crime with little to no evidence and are paying a hefty price. It is thus in your best interest to turn to an experienced criminal defense attorney when Pasadena authorities introduce rape charges against you. Their experience will aid in fighting the rape charges, and at Leah Legal Pasadena Criminal Attorney, we promise to use our expertise to ensure you receive the best legal outcome. a. Rape as Defined Under California Law PC 261 It is a crime to engage in non-consensual intercourse under PC 261 . Threats, force, or fraud rob victims of their ability to give consent. That is why the three issues matter in a rape case. Further, having sexual intercourse with an unconscious or an individual suffering mental health issues also increases the possibility of facing rape charges because the victim cannot consent. When rape is mentioned, the first thought is that the perpetrator used violence. While violence is also factored into the case, it is not the only way rape can occur. Of importance is the non-consensual element. Therefore, you should not mistake the failure of a victim to fight back or resist for consent. Elements of Rape Prosecutors can only successfully make their case under PC 261 by proving particular elements of the crime. They are: Engaging in sexual intercourse with the victim The victim did not consent to the sexual intercourse You accomplished the sexual act by force, violence, and the threat of violence, menace, fraud, coercion, or retribution. Sexual Intercourse Any penetration of the vagina or genitalia by a penis amounts to sexual intercourse. It follows that even in situations where there was slight penetration, under PC 261, you will be deemed to have committed rape. Additionally, ejaculation is not required for the act to be considered sexual intercourse. Lack of Consent Sexual encounters require cooperation. That is, both parties willfully participated in the act. The lack of voluntary or willful engagement in sexual intercourse is grounds for being charged with rape. Prosecutors will also be keen on the ability of the victim to comprehend the nature of the act. Engaging in sexual activity with persons who cannot understand the action is also enough to result in rape charges. This argument suffices if the victim has a mental disorder or is incapacitated to an extent they do not comprehend the nature of the act like intoxicated or drugged persons. It is also important to note that a person could change their mind about participating in sexual intercourse after the act was initiated. While your accuser did give consent initially, he/she could decide not to proceed. A changed mind means that you no longer have permission. Should the victim communicate they do not consent to the act in words or actions, but you proceed to forcibly engage in the act despite the victim’s communication, you will be culpable under this section. The communication will be subjected to a reasonable standard. That is, a reasonable person would believe and understand the actions or words expressed by the victim to mean no consent. Also, note that an individual does not have to resist or fight back to communicate the lack of consent. Use of Intimidation Tactics When force, Laws on Driving Under The Influence Of A Drug (DUID) in Pasadena, California 301 East Colorado Blvd. Suite 520, Pasadena CA 91101 626-628-0564 Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Menu Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Driving Under The Influence Of A Drug (DUID) Driving under the influence of drugs is illegal in California. It doesn't matter whether the drugs are illegal or legal. Under California law, drugs include substances impairing a person's drive other than alcohol. When you face a drug-related driving under the influence (DUI)charge, it is even driving after taking recreational drugs like cocaine, marijuana, meth, and LSD. It can also mean that you were driving under the influence of prescription or over-the-counter medicine, provided this medicine impairs your ability to operate a motor vehicle. As you can see, you may end up facing DUID charges when you least expect it. As our Leah Legal Pasadena Criminal Attorney attorneys will defend you, you do not have to worry if you or your loved one is facing a DUID charge in Pasadena. In this article, our lawyers will highlight some facts surrounding a DUID offense. Understanding What It Means to Face DUID Charges in California In California, DUI means driving or operating a vehicle under drugs or alcohol. It is illegal to drive while you have consumed drugs in California. If convicted of a DUI offense, you will pay hefty fines, lose your driving license, and even face jail time. Sometimes you can have other charges like drug possession added to your DUID charge. Additional charges will ensure your sentencing will be harsher. If you face DUID charges, you will have violated California law under Vehicle Code 23152(a). You should always check your prescription or over-the-counter medicine to ensure you heed any warnings. If you find a warning label on these medications, it will not matter that you were taking them under doctor's orders as you can end up facing DUI charges if the law enforcement officers find you were impaired while driving. Legal Definition of a Drug When it comes to driving under the influence of drugs, the law defines a drug as any substance which is not alcohol that could affect a person's brain, nervous system, or muscles. This substance will impair a person's ability to drive or operate a motor vehicle which, under normal circumstances, a cautious person can use while applying reasonable care. A drug under this context includes: Legal drugs like marijuana. Illegal drugs like heroin, cocaine, and methamphetamine. Prescription and over-the-counter medications like antihistamines. Common Drugs That Can Lead to a Drug-Related DUI Charge in California To face DUID charges, you must be impaired and not necessarily high. Some drugs that can achieve these are: Cocaine, Heroine, Marijuana, OxyContin, Ambien, Vicondin. The law treats all medications that can affect your brain, muscles, and nervous system as drugs; it does not matter that they are necessary for your overall health. Legal Limit For a Drug-Related DUI Charge Unlike an alcohol-related DUI charge where the legal limit is 0.08, there is no legal limit for narcotics or drugs in California. Most experts disagree on the level of concentration of drugs in your system that would impair you from driving. Therefore, California under Vehicle Code makes it illegal to drive when: You are intoxicated from drugs. You are under a combination of alcohol and drugs. If you are a drug addict, unless you are under medication for your addiction. Drug-Related DUI Charge Arrest When facing drug-related charges, the process will start when a police officer stops you if they suspect you are impaired. In cases where the police suspect that you are driving while intoxicated by drugs rather than alcohol, they may decid Assault & Battery Laws in Pasadena 301 East Colorado Blvd. Suite 520, Pasadena CA 91101 626-628-0564 Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Menu Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Assault & Battery Assault and battery charges are one of the most common charges in California. You probably think that assault and battery are the same things, but this is not the case under California laws. Assault and battery are two types of criminal activities and can lead to severe punishment like hefty fines and imprisonment. At Leah Legal Pasadena Criminal Attorney, we understand that facing assault or battery charges can be challenging. However, there is no better time to act than now to uphold your legal rights and effectively defend yourself against these charges. If your loved one is facing assault or battery charges in Pasadena and its environs, speak to us as soon as possible to discuss your case, see what kind of defenses are available for you, and your rights. California Battery, Penal Code 242 California Penal Code 242 defines battery as touching someone willfully in an offensive or harmful manner. Prosecutors must prove every aspect of this definition while charging you for battery crime. Here is a closer look at the key terms of the definition of battery charges. You Touched Someone Under the legal definition of battery, you must make physical contact with another person. The touch does not necessarily have to cause any injury on the other person, meaning that even the slightest touch can be a battery. A battery can also occur even when you touch the victim's clothing or indirectly through an object used to touch the alleged battery victim. California courts also hold that you can commit battery through an offensive touch on something intimately connected with the other person and isn’t an actual part of their body. For instance, knocking an object off another person qualifies as a battery. Willfully You must touch another person willfully to be guilty of battery. "willfully" means that your actions were on purpose and were done willingly. It does not necessarily mean that you intended to hurt the other person, break the law, or gain any advantage through your actions. This means that you don't have to intend to commit battery to be guilty of this offense, but you should perform a motion that causes the battery. In an Offensive and Harmful Manner Touching qualifies as a battery if it's done in an offensive or harmful manner. This means that you did the touching violently, rudely, angrily, or disrespectfully. Penalties for Battery in California In California, an act of battery that does not cause severe injuries and isn't committed against a protected person like a police officer is a misdemeanor. The potential penalties for simple battery include: Summary or misdemeanor probation. A maximum of six months in county jail. A maximum fine of $2,000. Penalties for Battery that Causes Serious Bodily Injury Battery causing serious bodily injury is a more severe form than a simple battery. This offense is a wobbler with a misdemeanor conviction leading to one year in county jail and a maximum fine of $1,000. A felony conviction can result in a maximum of four years in county jail and a maximum fine of $10,000. Please note, victims in battery that causes serious bodily injury do not necessarily have to receive medical treatment for a defendant to be guilty of this offense. California Domestic Battery, Penal Code 243(e)(1) Penal Code 243(e)(1) is the statute that defines domestic battery in California. Under this statute, it's a crime to willfully touch an intimate partner harmfully or offensively, whereas the action was not in self-defense or defense of someone else. Under this statute, an intimate partner can include any of the Pasadena Ward of the Court | Pasadena Criminal Attorney 301 East Colorado Blvd. Suite 520, Pasadena CA 91101 626-628-0564 Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Menu Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Ward of the Court When your child becomes a ward of the court, the court takes over their responsibility and control. In California, when a youth commits an offense other than a simple violation of curfew, a judge can convict them and order the youth to become a ward of the court. In that case, you will have limited control over your child as the court takes over everything to do with them. In some cases, the court even removes the child from your custody. It helps to know your rights as a parent and your child's rights once a court declares them a ward of the court. Working closely with a competent criminal lawyer will ensure that you follow the proper legal processes for a favorable outcome for you and your child. We will smoothen the legal process for you at Leah Legal Pasadena Criminal Attorney. We will also fight alongside you to safeguard your legal rights if a court has declared your child a ward of the court in Pasadena. Legal Meaning of Ward of the Court It is not unusual for a minor (individuals below the legal age of 18) to commit a crime in California. Children go through a different justice system from adult offenders when it happens. State laws are pretty lenient on minors, as the juvenile justice system aims to correct and rehabilitate offenders instead of punishment. However, the juvenile justice system is not as straightforward as it seems. The minor's parents must go through several processes and abide by the juvenile court's decision. The judge who presides over juvenile cases has the final say on every matter. When your child commits a crime, they face arrest, the same way as adult offenders. However, they appear before a judge in a court, as opposed to a criminal court for adult offenders. Minor offenders do not receive punishment for their crimes like adult offenders. In place of punishment, the judge recommends education, training, rehabilitation, and counseling to correct their behavior and improve their lives. Minor offenders deserve another chance to make better decisions when they become adults. We only have minor offenders facing trial and judgment in a criminal court in specific circumstances. For instance, a youth commits a severe felony like murder or rape. Juvenile court cases are dealt with on a case-to-case basis. Not one issue is the same as the other. The judge considers all factors surrounding the minor offender, including their family life. If the court establishes a problem with a minor's upbringing and concludes that their upbringing could be the cause of their wayward behavior, it will make decisions that aim to better that minor's life. That could include the court taking over the responsibility and control of the minor without the help or intervention of the minor's family. Judges in juvenile courts have total discretion in determining what will happen to minor offenders after going through all evidence presented in court. A judge can declare your child a ward if the court establishes that the minor is least likely to reform under your custody. In that case, the juvenile court takes over the responsibility and control of the minor. Your family will have limited control over the minor. While judges make these decisions in the children's best interest, it can be challenging for parents or guardians to let go of their loved ones. Thus, wardship of the court is a serious matter. The court makes all decisions regarding your child, including where they live, what school they attend, and the treatment they should receive. California Welfare and Institutions Code 725(b) provides guidelin Kidnapping | Pasadena Criminal Attorney 301 East Colorado Blvd. Suite 520, Pasadena CA 91101 626-628-0564 Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Menu Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Kidnapping Under California Penal Code 207, moving another person for a significant distance against their will using force, fear, or fraud is an offense. You could face charges for simple kidnapping if you violate this statute. You will likely face severe punishment if you use force, fear, or fraud to move a minor under 14 through a significant distance against their will. You could also face harsher penalties if you inflict serious bodily harm on the child, cause death, or demand ransom after kidnapping. According to California's Three Strikes Law, kidnapping can attract a jail term, fines, and even a strike on your record. Consult a competent criminal defense attorney for legal counsel if you face kidnapping charges. At Leah Legal Pasadena Criminal Attorney, we have experienced attorneys who can help you create the best strategy to fight your charges. Kidnapping Under California Law Under California law, the crime of kidnapping is defined depending on the facts of the offense. According to Penal Code 207, the crime of simple kidnapping involves moving someone without their permission by use of fear, force, or fraud. On the other hand, this crime could be aggravated if the kidnapping involves moving someone without their consent by use of fear, force, or fraud and any of the following is true: The victim you moved was a child below 14 years under Penal Code 207(b). The victim sustained significant bodily injuries or died. You kidnapped a person during carjacking under Penal Code 209.5. You held a person for ransom under Penal Code 209(a) or Penal Code 210. If the prosecutor accuses you of kidnapping, Penal Code 207 requires that the prosecutor prove the following elements for kidnapping charges to apply: You moved someone for a significant distance. Without the person’s permission. You executed the act using fear, force, or fraud. Moving Someone You can only face kidnapping charges if you move someone for more than a trivial or slight distance. However, several factors could determine whether the movement was significant. The factors that the judge could consider include: If moving the victim reduced the possibility of you being caught. If the movement increased the likelihood of the victim suffering bodily harm, like taking somebody from the crowd in a club to an adjacent dark alley. The actual distance moved. Movements that can qualify as significant to support kidnapping allegations include: You ordered someone at knifepoint to move for 40 to 50 feet from your driveway on the street to the inside of a camper in the driveway behind your house. You moved someone 840 feet on a major street in a vehicle when you emerged and forced them to continue driving. You moved someone 29 feet from the motel room to the bathroom to rape them. On the other hand, movements that do not qualify as substantial enough to support kidnapping allegations include: Moving someone at gunpoint 40 feet through a parking lot towards your vehicle before you escape. Under California law, this movement is insufficient to justify kidnapping charges because the distance was within the parking, and you did not subject the victim to great bodily harm while moving them for this short distance. Dragging someone from the front of the laundromat to the back. In this case, you are not guilty of kidnapping because the incident occurred in a single room, and the movement was insufficient. Generally, the judge's discretion determines whether the movement was substantial enough for you to face kidnapping charges. No set distance qualifies as significant. Without The Person’s Per Pasadena Laws on Battery on a Peace Officer | Pasadena Criminal Lawyer 301 East Colorado Blvd. Suite 520, Pasadena CA 91101 626-628-0564 Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Menu Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Battery on a Peace Officer Peace officers in California are a protected group; therefore, offenses against a peace officer can be punished severely. Battery on a peace officer is one of the serious offenses under California law. It is a crime to willfully and unlawfully touch a peace officer in an unwanted or offensive way. If you are facing a charge of battery on a peace officer in Pasadena, contact the Leah Legal Pasadena Criminal Attorney for legal assistance. We will help you understand the charges and build a strong defense strategy to fight the charges you are facing. What is Battery on a Peace Officer California Penal Codes 243b and 243c make it a crime for a person to willfully and unlawfully touch a peace officer in an unwanted or offensive manner in the course of that officer’s duties. These charges are often likely to occur in scenarios such as: During an arrest. During a protest . In the course of a criminal trial. Situations that are often charged and require the response of a police or peace officer are ripe grounds for battery or assault charges. When it comes to prosecuting the offense, the court must establish that the offense satisfies all the elements of battery on a peace officer. Here are the elements of the offense: The victim was a peace officer. You touched the victim willfully and unlawfully. At the time of the offense, you knew or should have reasonably known that the victim was a police officer actively performing their duties. Let’s further define the elements of the offense: To commit an act willfully means that you did it on purpose or willingly. Therefore, if you intentionally punch an officer during an arrest, you fulfill the definition of committing the act willfully. Acting willfully is different from the intention you had when committing the offense. Whether or not you intended to break the law or hurt another person, it is considered a willful act if you voluntarily and intentionally touched the peace officer. Another element of battery on a peace officer is that you must touch the victim. Touching in battery offenses is defined as making contact with the victim directly or indirectly angrily or rudely. This means that brushing against a peace officer on the sidewalk won’t get you a battery charge. However, if you do it rudely or offensively, you are likely to face a battery charge. Touching also applies to any contact done through the officer's clothing or with an object. The officer must also be engaged in their official duties, whether they are on duty or not. Another element of the offense is that the victim must be a peace officer. Peace officers are a protected group of professionals. they include: Firefighters. EMTs. Paramedics. Custodial officers. California Highway Patrol officers. Animal control officers. Lifeguards. Private security guards. Process servers. Medical professionals providing emergency care. Officers from the probation department. Police officers. Correctional officers and parole agents. Employees of the district attorney’s office. When charged with battery on a police officer, your best bet is to work with a criminal defense attorney to fight your charges by identifying the legal defense that will work in your case. Possible Legal Defenses to Battery on a Peace Officer As with all crimes, you have the right to defend yourself against charges of battery on a peace officer. As already mentioned, it’s wise to work with a criminal defense attorney who has worked with other defendants facing the same charges as you are. The criminal defense attorney is Pasadena Credit Card Fraud Attorney - Credit Card Fraud Lawyer | Pasadena Criminal Attorney 301 East Colorado Blvd. Suite 520, Pasadena CA 91101 626-628-0564 Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Menu Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Credit Card Fraud Any charges related to fraud and theft can attract serious penalties if the judge finds you guilty of the offense. Consequently, you may face detention for extended periods or pay hefty fines. Thus, you want to defend your case by working with an experienced criminal attorney who understands the various court trial procedures. With their help, you are more likely to receive a favorable case outcome that includes sentence reduction or a complete acquittal. Furthermore, your attorney will help you draft defenses and source relevant evidence to strengthen your arguments. At Leah Legal Pasadena Criminal Attorney, we work hard to ensure that all clients facing credit card fraud charges in Pasadena, California, receive the best legal representation. Over the years, we have successfully helped hundreds of clients fight criminal charges, making us your trusted partner. What Credit Card Fraud Entails The California Penal Code prohibits credit card fraud under section 484g, making it an offense to acquire benefits, goods, or services by using an invalid or unlawfully obtained credit card. Further, this offense falls within the general fraudulent crimes category, attracting either a misdemeanor or felony charge. Hence, the prosecutor presiding over your case will analyze the important facts to establish whether your violations result in a felony or misdemeanor offense. This depends primarily on the amount of money you obtained fraudulently to classify your actions either under petty or grand theft. You should also note that credit card fraud cases should bring out the fraud element, as with related offenses. This requirement distinguishes genuine mistakes from actions that violate other people’s privacy and control over their finances. Therefore, you want to consult your criminal defense attorney on the best approach possible in defending your case. Elements of Crime for the Prosecutor to Prove in Your Case After your arrest, the presiding prosecutor will file your case, marking the onset of the trial. By this stage, you should have retained a defense lawyer to help you strategize the best defenses to apply to negate the prosecutor’s position. Moreover, your defense attorney will provide insights on identifying weaknesses in the prosecutor’s case. Finding inconsistencies is crucial, as the prosecutor carries the burden of proof in all criminal cases to establish your guilt. Based on this, the prosecutor must prove your involvement in each crime element and demonstrate that you knowingly violated the law. Furthermore, the standard of proof for the prosecutor to satisfy is that you are guilty of the accused offense beyond a reasonable doubt. This means that no inconsistencies should be present to validate your actions or your defenses. The prosecutor, therefore, applies diligence in ensuring their case is foolproof. The following are the prosecution team’s strategies and considerations when presenting the elements of credit card fraud: 1. You Used an Invalid Credit Card Firstly, the prosecutor must show that you used an invalid credit card, meaning that you did not have consent to use it or that it was incapable of transacting successfully. Subsequently, the prosecution team needs to deconstruct the elements of a credit card to determine whether yours was invalid or capable of perpetuating fraud. Typically, the prosecutor focuses only on the characteristics relevant to your case. However, learning all the possible descriptions used during credit card fraud cases can be beneficial, Annoying Or Molesting A Child Under 18 | Pasadena Criminal Defense Attorney 301 East Colorado Blvd. Suite 520, Pasadena CA 91101 626-628-0564 Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Menu Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Annoying Or Molesting A Child Under 18 Annoying or molesting a child under 18 is a serious crime under California law. This offense is defined under Penal Code 647.6. It involves an adult expressing sexual acts or advances toward a child or group of minors. You could face charges for this offense even without sexual contact between you and the child. A conviction of this offense could hurt your life, with the consequences reaching far into your future. If you are facing charges under PC 647.6, you should seek the services of a professional criminal defense attorney. At the Leah Legal Pasadena Criminal Attorney, our attorneys are well-versed and skilled in handling sex crimes. We help you create an appropriate defense strategy to win your case. Definition of Annoying/Molesting a Child Below 18 Under Penal Code 647.6 Most sex offenses under California law involve physical contact with the victim. However, the violation of annoying/molesting a child under 18 does not require physical contact with the victim. Talking to a child in a sexually inappropriate way could lead to an arrest and make you face charges under Penal Code 647.6. Under Penal Code 647.6, annoying and molesting are synonymous with sexually motivated conduct meant to irritate or disturb someone. You could face severe punishment and serve a lengthy jail term if these actions are directed against a child under eighteen years. The Components Of The Crime Penal Code 647.6 requires that the prosecutor prove the following elements for you to face charges: You committed an act that could annoy or disturb a child under eighteen years. Your conduct was motivated by sexual pleasure or interest in the child or children. Committing An Act That Could Annoy r Disturb A Child Penal Code 647.6 typically outlines the conduct of annoying/molesting a child under 18. First, your behavior must be motivated by sexual desire for the child. Your behavior must also interfere with the security and privacy of the child. Annoying or molesting a child under 18 is among the offenses with a general resolution. You could face charges even if you did not intend your action to be obscene or lewd. Similarly, your affection could be considered obscene and unlawful if someone else gets annoyed or offended. The judge could also charge and convict you even if you did not pick a particular child or a group of minors in advance. You could be guilty of violating Penal Code 647.6 if your conduct stems from an abnormal and unnatural sexual interest in a particular child or children in general. Similarly, your behavior does not have to disturb the minor. The judge will focus on your conduct instead of the results of your conduct. You could face charges under PC 647.6 if the prosecutor proves that your action can annoy a regular person and intrude on the child's security and privacy. You could also face charges under PC 647.6 for an indirect sexual act, like masturbation. You can face charges under PC 647.6 if you masturbate while a child watches you. Motivated By Sexual Interest In A Child You could be guilty of annoying/molesting a child under eighteen if you act in a manner that shows an abnormal or unnatural desire for sexual contact with a child. Your aim does not need to have been to lure a minor into engaging in a sexual act with you. If the judge finds out your conduct was motivated by other factors but not a sexual interest in the child, you cannot face charges under PC 647.6. For example, the child could unintentionally see or hear something that they were not supposed to see DUI Lawyer Pasadena | Pasadena DUI Defense Lawyer 301 East Colorado Blvd. Suite 520, Pasadena CA 91101 626-628-0564 Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Menu Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us DUI After drinking alcohol and deciding to drive, you risk facing DUI charges that result in multiple penalties after arrest. Typically, you will have to deal with the subsequent events leading up to the penalties over a few days or weeks after the arrest. Since fulfilling all legal obligations and requirements may be challenging to complete by yourself, working with a DUI defense lawyer is advisable. With your lawyer’s services, you do not have to worry about making many court appearances or filing submissions in court. Moreover, your attorney will help significantly if your matter proceeds to court, as he/she will undertake all necessary preparations on your behalf. At Leah Legal Pasadena Criminal Attorney, we specialize in providing the best defense services for clients dealing with DUI charges, among others. Our years of experience in the field have equipped us with invaluable skills, giving you the best chance of achieving a positive case outcome. Moreover, we are dedicated to providing personalized services that put your needs first for a smooth operation. Therefore, you do not have to struggle alone when dealing with a DUI charge in Pasadena, California. DUI Laws Applicable in California For any action to fall under a crime category, a codified law must exist. Thus, the law enforcement officers, prosecutors, and legal officers handling the case will have a point of reference. In California, DUI provisions are available under the California Vehicle Code , with different sections prohibiting various violations. Section 23152(a) makes it unlawful for anyone in California to handle a vehicle while under the influence of alcohol. The state of being under the influence involves severe intoxication that causes cognitive deterioration. Consequently, your mind-body coordination is impaired and could expose you and other road users to various risks. Further, the vehicle code specifies the blood alcohol concentration (BAC) levels that instigate severe intoxication leading to impairment. Under section 23152(b) , the code prohibits motorists from driving with a BAC level of 0.08% or more. The laws under this section create the administrative per se rules applicable in conducting DUI arrests. You may face immediate arrest, provided your levels exceed the limit, especially by a large margin. The alcohol concentration limits are well researched and established, and anyone who exceeds the set level will experience significant disorientation from the alcohol interaction in the brain. Additional restrictions exist for different motorists, depending on their age and profession. Therefore, commercial drivers are restricted from driving with a BAC level of 0.04% or more. Examples of commercial motorists include taxi drivers, commercial bus operators, limousine service drivers, and truck drivers. The stricter restrictions are set because of the crucial roles these professionals play in their industries. For example, a truck driver operating the vehicle under the influence may risk causing a severe accident if he/she is intoxicated. Minors under twenty-one years also operate under different DUI rules as directed by section 23136 of the vehicle code. Subsequently, their BAC limit is at 0.01% based on the zero-tolerance regulations prohibiting this category of people from consuming any alcohol. Due to the regulations, minors should resist handling vehicles even after drinking negligible amounts of alcohol, as the consequences may be significant. Since drivers also pose a safety risk to other road users by using drugs, the law prohibits DUIs relat PC 187 Murder Laws in Pasadena | Pasadena Criminal Attorney 301 East Colorado Blvd. Suite 520, Pasadena CA 91101 626-628-0564 Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Menu Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Murder When you kill another individual, you commit a homicide. The circumstances surrounding the killing then determine whether the killing is murder or manslaughter. Unlawfully killing another human being or a fetus with malice aforethought is murder. Should the killing be premeditated, you will be charged with first-degree murder. Should the killing lack premeditation, the DA will pursue second-degree murder charges. Murder convictions result in life in prison. On the other hand, defendants will be sentenced to 25 years to life upon conviction of second-degree murder. In this article, our team addresses the various forms of murder, the possible consequences of a conviction, and the defenses you can assert in a murder case. The Leah Legal Pasadena Criminal Attorney team is ready to offer legal assistance should you or a loved one be charged with murder in Pasadena. Murder Under California Law PC 187(a) defines murder as the illegal killing of another with malice aforethought. Penal Code 187’s definition points to critical elements, namely: Unlawful or illegal killing — Unjustified killing of another Malice aforethought — Defined as the intention to kill another human being without a legal justification or excuse. However, it does not mean that the defendant intended to kill another out of spite or ill will. Malice is either express or implied, with express malice referring to the intention to kill. On the other hand, implied malice is evident in the following situations: The killing of another person resulted from an unintentional act A defendant’s actions’ natural outcome is dangerous to an individual’s life, and The culprit knew the danger his/her actions posed to another’s life and acted anyway with deliberate disregard Though manslaughter is also a homicide, it differs from murder in that manslaughter is an unplanned, heat of passion killing or an unintended death caused by a conscious disregard for human life. Both definitions of manslaughter lack malice aforethought, a key element in murder. Depending on the circumstances, you could face first-degree murder, capital murder, or second-degree murder charges. a) First-Degree Murder An individual can commit first-degree murder in five different ways. Deliberate, willful, and premeditated killing, for example, going to someone's house to kill an individual Through lying in wait, for example, waiting for an individual to arrive and shooting them as soon as he/she arrives Using an explosive, a weapon of mass destruction, a destructive device, poison, armor, metal piercing ammunition, or Felony murder, which is the killing of another while committing a violent felony Inflicting torture, which is a violation of Penal Code 206 b) Capital Murder Capital murder is defined as murder in the first degree with exceptional circumstances. Penal Code 190.2 details several situations as the exceptional circumstances which would result in a defendant being charged with capital murder. Killing two or more victims Killing peace officers, firefighters, judges, prosecutors, jurors, or elected officials Killing for financial gain Killing an individual to prevent him/her from testifying Gang killing, a violation of PC 186.22 Drive-by shooting, a violation of PC 26100 c) Second-Degree Murder Murder in the second degree is the willful killing of another, though the act is unintentional and lacks premeditation. This definition is broad. Therefore, prosecutors pursue the deliberate killing of individuals that do not meet the first-degree murder threshold. Some scenarios that fit the law’s d Pasadena Expungement Attorney | Expungement Lawyer 301 East Colorado Blvd. Suite 520, Pasadena CA 91101 626-628-0564 Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Menu Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Expungement If you have a criminal background in California, you might have experienced some negative repercussions as a result of it. For instance, you might have been denied renting space, employment, student loan, etc. Expungement can help you avoid such issues. Expungement will clear your conviction record so that they are not available to the public. Still, the process can be overwhelming and challenging without the help of an attorney who is experienced with expungement matters. If you have a conviction for any crime in the Pasadena area, get in touch with us at Leah Legal Pasadena Criminal Attorney so that we can help expunge your records. Understanding Expungement Since the court reopens the case while dismissing the criminal conviction, a “dismissal” is sometimes used to refer to the act of expunging or cleaning a criminal record in California. If the court overturns your guilty verdict, it's as though you never committed the crime in the first place. The judiciary will update your records to reflect the termination, and you are generally not required to disclose your conviction when seeking employment. In reality, most companies in California do not have the liberty of inquiring about detention that didn't lead to a guilty verdict or a sentence that was later expunged (overturned). There are a few exceptions, such as professions with other criminal justice agencies or police departments, or positions that require firearm or drug access. These directives are according to PC 851.91, 1203.4, and California Labor Code 432.7 (2019). Expungement absolves a person of "all consequences and restrictions" resulting from a conviction. Expungements can also help you get or keep your California professional license, as well as join a variety of professional organizations. A dismissal of an infraction provides a "clean slate" from a criminal background. Circumstances in Which an Individual May be Eligible for an Expungement You may ask to have your record expunged at any moment if: You were arrested but not charged with a crime, and the statute of limitations has run out on the charges you're facing The court dismissed the charges against you, and they cannot be re-filed You were not guilty of the charges leveled against you You got convicted, but the court overturned your conviction or vacated on appeal, the appeals process has run its course, and no one can refile the charges Other Grounds for Expungement Eligibility As a general rule, Penal Code 1203.4 allows an expungement for a felony or misdemeanor offense if the applicant meets the following criteria: completed probation (either a misdemeanor or felony probation) effectively, and is not currently facing a criminal charge, on probation for a criminal charge, or serving a term for a crime. The person seeking relief under PC 1203.4 must-have fulfilled probation in its totality or have received an early termination of parole. "Completing probation successfully" denotes that a person has: accomplished their probation in its entirety (that is, settled all restitution and fines, finished any counseling sessions, community service, etc.) gone to all scheduled court proceedings (either in person or via an attorney) during his probation, he didn't commit any additional offenses Cases Ineligible for Expungement If the individual who the court convicted received a sentence to state prison, the conviction will not get an expungement unless the offense was one whereby the person would get a jail sentence today. Furthermore, there are some felony convictions that the court cannot erase, l Parental Rights in Juvenile Cases 301 East Colorado Blvd. Suite 520, Pasadena CA 91101 626-628-0564 Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Menu Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Parental Rights in Juvenile Cases You will likely feel helpless and overwhelmed when your child is arrested for a crime. Facing the justice system, whether juvenile or adult, can be intimidating. Typically, every parent expects their child to grow well, attend school, finish college, and secure the right job. Even though you intend for your children to have a better life in the future, they could end up getting arrested and charged. Crimes associated with children are charged in the Juvenile Justice System. At the Leah Legal Pasadena Criminal Attorney, our attorneys can advise you, protect your rights, and help your child seek justice. Overview Of The Juvenile Justice System Children commit crimes (both minor and severe) and execute these crimes just as adults do. Fortunately, the law protects minors and seeks to rehabilitate rather than punish them. Any individual under 18 is a child under California law and cannot make sound decisions. Therefore, if a child faces criminal charges, they deserve another chance to correct their behavior. Even if the law protects minors, it must still hold juvenile offenders liable for their actions. A victim of a juvenile crime deserves justice, even if a minor perpetrates the crime. Therefore, young criminals go through the legal procedure, attend court hearings, and have the court determine their cases. Upon committing a crime, a minor goes through a legal process like an adult to decide their case and the repercussions of their actions. A child is typically under their parent's care. Therefore, a parent is equally affected if a child violates the law. This explains why parents should understand their parental rights in juvenile cases. The Penalties For Juvenile Crimes Are Less Severe The penalties for juvenile offenders are not as severe as adult offenders' for similar crimes. Depending on the crime your child commits, the judge could allow you to go home with your child under strict court conditions or choose to detain your child in a juvenile hall. The judge can even release your child but with a stern warning. Judges make rulings based on discretion and depending on the severity of the crime your child commits. A child is under your care and protection as the legal guardian. You must be involved in the legal process if the child commits an offense. You also have several rights and privileges. You can exercise them to protect your child and safeguard their interests. You should consult a criminal defense attorney to understand these rights. An attorney will guide, advise, and fight to protect your child's interests. Your Parental Rights In Juvenile Cases As a parent, your guidance, provision, and protection are crucial to enhancing your child's well-being. Sadly, things do not always go as planned. Your child can engage in unpleasant behaviors and commit crimes, regardless of your care and protection. If this happens, you must ensure the child receives the necessary guidance and support to correct their behavior. Your child typically deserves a second chance to help them change and become the responsible person you and society envision. If your child is a suspect, your responsibility in the juvenile justice system begins right after their arrest. You must walk with your child through every legal procedure, including a trial in court. Nothing should happen to your child without your knowledge. The law allows you to hire an attorney representing your child's interests. An attorney will ensure that your rights and those of your child are protected. Parents' rights in juvenile cases include: Right To Informati Domestic Battery in Pasadena | Pasadena Criminal Attorney 301 East Colorado Blvd. Suite 520, Pasadena CA 91101 626-628-0564 Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Menu Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Domestic Battery The domestic battery offense, as delineated in California Penal Code 243(e)(1) PC, pertains to intentional and unlawful physical contact against an intimate partner or family member, leading to harmful or offensive touching. This misdemeanor offense encompasses penalties like fines, probation, mandatory counseling programs, and potential incarceration. If you face charges of domestic battery in Long Beach, California, consider enlisting the services of the California Criminal Lawyer Group. Our skilled attorneys provide personalized attention, vigorous advocacy, and a profound understanding of the California legal system. Domestic Battery as Outlined in California Law California Penal Code 243(e)(1) PC describes domestic battery as the act of employing force or violence against intimate partners. In a domestic battery case, prosecutors must prove certain elements to secure a conviction against you, the defendant. Here is what they must establish: Intentional physical contact — Prosecutors must show that you intentionally made physical contact with the alleged victim. Harmful or offensive touching — The state must demonstrate that the contact caused harm or was offensive, resulting in pain or injury to the victim. Relationship requirement — Prosecutors need to establish that the victim has a specific relationship with you, for example, being a cohabitant, the other parent of your child, or a current/former spouse, fiancé, fiancée, or dating partner. Lack of consent — Prosecutors must prove that the physical contact was non-consensual, indicating that the victim did not agree to it willingly or voluntarily. No self-defense — It must also be clear that you did not act in self-defense. Let us examine the elements in detail. Willful Touching Willful touching refers to intentional physical contact made by the perpetrator toward the victim. It signifies that the touching was done purposefully, not by accident or mistake. The term "willful" indicates that you engaged in physical contact knowingly and deliberately, intending to cause harm or offense to the victim. The element of willfulness in domestic battery does not necessarily require proof of an intent to cause harm or a conscious intention to violate the law. Instead, it focuses on whether you intentionally engaged in physical contact with the alleged victim, knowing that your actions could potentially result in harm or offense. Harmful or Offensive Touching Harmful or offensive touching involves physical contact causing harm, injury, pain, or offense to the victim beyond what's acceptable in a domestic relationship. The contact can be direct or indirect, including using objects or substances or through another person. Physical injury or significant harm is not required to establish domestic battery. The law recognizes that harmful or offensive touching encompasses actions causing pain, discomfort, or offense. Additionally, a visible injury is not necessary for the prosecution to pursue charges. Intimate Partners In a domestic battery case, an intimate partner can refer to individuals involved in a close relationship with the defendant. This includes: Spouses or former spouses Cohabiting partners, Engaged couples (current or former), The other parent of the defendant's child, and Individuals in a current or previous dating, sexual, or intimate relationship, regardless of their sexual orientation. A cohabitant generally refers to two unrelated individuals who live together for a significant time, demonstrating a sense of permanence in their relationship. Not DUI With A Passenger Under 14 in Pasadena Laws | Pasadena DUI Attorney 301 East Colorado Blvd. Suite 520, Pasadena CA 91101 626-628-0564 Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Menu Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us DUI With A Passenger Under 14 In California, facing a DUI (driving under the influence) charge is a serious offense. When you jeopardize your life and the lives of other road users, the law is tough regarding DUI offenses. While a DUI conviction always carries a heavy sentence, it will be worse if you have a passenger under the age of 14. Having a child under 14 when you are charged with DUI increases your punishment. If you are stopped by the police for a DUI offense while driving with a passenger under the age of 14, the law guarantees that you will face a harsher sentence. Children should be constantly guarded while driving; you must take care to prevent harm from coming to them. Although the legislation attempts to deter drivers from jeopardizing the lives of minors, a DUI conviction with a passenger under 14 will typically result in a harsh penalty. The law defines a DUI with a passenger under the age of 14 as "child endangerment." The additional penalties will enhance your sentence, even if this is your first DUI offense. Additionally, if you have a history of being convicted of additional DUI offenses, your punishment will be more severe. If you have legal custody of a child or are charged with DUI in Pasadena while carrying a passenger under 14, you must hire a skilled DUI attorney to assist with your case. Our legal team at Leah Legal Pasadena Criminal Attorney will work with you to develop a defense plan against the accusations. We will put much effort into ensuring the court dismisses or reduces your DUI charges. What Is DUI With a Passenger Under 14? The purpose of California's VC 23572 is to safeguard children from harm. You understand that using drugs or alcohol will make it more difficult for you to operate or drive a motor vehicle safely. The child's life is in danger when they are your passenger while you are driving under the influence. As a result, the law imposes severe penalties on anyone who endangers children's lives to discourage drinking and driving. The law sees your arrest for a DUI crime when you are with a child as an aggravating circumstance that will lengthen your sentence. The prosecution may bring separate charges for DUI with a passenger under 14 and child endangerment under Penal Code 273(a), both with stiff penalties. If you are found guilty by the court on both charges, you must serve both sentences consecutively. If you are under the influence of alcohol or drugs and have a passenger under the age of 14, you will be charged with child endangerment. The court may add further punishment to your sentence depending on the specifics of your case. A child endangerment charge must be proven beyond a reasonable doubt for the prosecution to proceed with holding a trial. Hence, the prosecution must establish the following elements: You knowingly permitted a child in your care to be in a dangerous condition. You knowingly subjected a kid in your care to unreasonable physical or mental harm. You intentionally and deliberately hurt a child in your care. When you permit a child to be in a dangerous position while under your care, the first element of a DUI charge, including a passenger under 14, fits the legal criteria. A charge of endangering a child need not result in harm to the child in question for it to be heard in court. However, most prosecutors will file a VC 23572 charge for DUI with a passenger under 14, and they will only add child endangerment if you are facing a serious DUI offense charge. For instance, if you have a history of DUI offenses involving minors under 14. A Laws on Assault on a Public Official in Pasadena 301 East Colorado Blvd. Suite 520, Pasadena CA 91101 626-628-0564 Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Menu Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Assault on a Public Official Assault on a public official is not just like any other assault and battery criminal offense. This is because it attracts harsher penalties upon conviction and the Pasadena Law Enforcement Department takes it seriously. If you or your loved one are facing charges of assault on a public official, we invite you to contact us at the Leah Legal Pasadena Criminal Attorney in Pasadena as soon as possible. We are a team of dedicated and highly experienced lawyers in criminal defense. We will do all it takes to help you fight your charges. In this article, we’ll discuss the meaning of assault on a public official as set out under the California Penal Code, its penalties, legal defenses, and other related offenses. We will also highlight what the prosecutor must prove in an assault on a public official criminal case for you to be convicted. Let us get started. The Meaning of Assault on a Public Official In California, the primary law on assault on a public official is Penal Code 217.1. According to Penal Code 217.1, it is unlawful to commit an act of assault on a public official. This offense is a form of aggravated assault. Often, public officials are obstructed when performing their duties or face retaliation for their actions. If you assault a public officer to obstruct him/her from performing his/her duties or retaliate against his/her actions, you will face charges under PC 217.1. The criminal offense of assault on a public official is categorized as a wobbler. This means that the Pasadena Prosecution Department can charge it as either a felony or a misdemeanor, depending on the facts and circumstances of your case. What the Prosecutor Must Prove In California criminal cases, the burden of proof is on the prosecution, and the standard of proof is beyond a reasonable doubt. Typically, prosecutors in California find it difficult to reach this high standard. This is because they must prove each element of the offense to this high standard. If they don't, you will be acquitted. Particularly, to be convicted of assault on a public official, the prosecutor must prove each of the following elements: You committed an act of assault. The act of assault was committed against a public official or a member of his/her immediate family. You committed the act of assault with an intention to retaliate against the actions of the public official or obstruct him/her from performing his/her duties. Below, we discuss each of these elements briefly: An Act of Assault The prosecutor must prove that you committed an act of assault. They must illustrate that you inflicted a severe bodily injury on another person. Note that it is not a requirement for the prosecutor to prove that the victim sustained an injury. As long as you attempted to commit the assault, you will be convicted under Penal Code 217.1. Against a Public Official or a Member of His/Her Immediate Family The prosecutor must show that you committed an act of assault against a public official or his/her immediate family member. If you assaulted none of these individuals, you would be acquitted. Here, the term ‘public official’ refers to the following people: The President or the Vice President of the United States. A former or current public defender. A Governor of any state in the United States. Any jury or judge. A former or current prosecutor. Any subordinate court officer. A city council member, mayor, county supervisor, law enforcement officer, sheriff, municipal chief of police, or peace officer. The director or secretary of any executive agency. A state or fede Misappropriation of Public Funds | Pasadena Criminal Attorney 301 East Colorado Blvd. Suite 520, Pasadena CA 91101 626-628-0564 Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Menu Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Misappropriation of Public Funds People entrusted with public office jobs usually control large sums of public money and are expected to perform their duties faithfully without enriching or mishandling this money. However, not every person is trustworthy, and some end up misusing or misappropriating public funds, which is wrong and a punishable crime. In most cases, the culprits of this offense are the public officials accountable for the public funds. However, the prosecutor can pursue these charges against anyone who has official control over government money. Although you do not have to injure anyone or use a weapon to commit this crime, a conviction for the offense of misappropriation of public money can result in harsh consequences. At California Criminal Lawyer Group, we can offer the legal guidance necessary to navigate these charges and the confusing court protocols for the best possible outcome. If you or a loved one is under investigation or charged as a suspect in a misappropriation of public funds case in Long Beach, do not hesitate to speak with a reliable attorney. Our defense attorneys will take your case seriously and prepare the best defenses to help you obtain the best possible outcome. An Overview of Misappropriation of Public Funds Offense Under Penal Code (PC) 424 Although we expect people in public offices to have high integrity and morals, they sometimes misuse public finances for their own benefit. Fortunately, under PC 424, the court can hold them accountable for these immoral and unfaithful behaviors. According to PC 424, it is a felony offense for any public officer or any other person entrusted with the control or oversight of government money to use it in ways different from what their job requires of them. For the sake of PC 424, a public officer could be a federal, state, or municipal government worker, including (but not limited to) the following: Lawyers and accountants. Appointed officials. Elected officials. A typical example of when the prosecutor could file this charge against someone is if he/she runs a non-profit corporation or organization and receives government money. Then he/she decides to transfer or use it for his/her gain or bills. In this case, the prosecutor can charge this person under PC 424 even if he/she is not a government employee. What matters in this situation is that public money is involved and misused. Instances Which Can Attract Charges Under PC 424 Generally speaking, there are numerous ways that public funds could be misused, attracting charges under PC 424. Below are a variety of ways you can commit a PC 424 violation: Using public money for your gain or another person's gain. Loaning public funds to earn profit from them or for any other unauthorized reason. Knowingly and willingly altering, destroying, or falsifying public money accounts. Refusing to pay or transfer public funds to anyone with authority over it. Knowingly and willingly erasing an account, making an entry, or maintaining a false account. As you can see above, numerous acts or behaviors you never considered illegal could attract charges under PC 424, leading to severe and life-changing penalties upon conviction. Unless the money involved is insignificant, the prosecutor could file a PC 424 violation against you in any of the above circumstances. Court Procedures to Expect When Charged With a PC 424 Violation When the prosecutor files a PC 424 violation against you, you should prepare to challenge the offense at every stage of the court system for the best possible outcome, including: 1. Pasadena Carrying A Loaded Firearm | Pasadena Gun Attorney 301 East Colorado Blvd. Suite 520, Pasadena CA 91101 626-628-0564 Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Menu Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Carrying A Loaded Firearm If you own a firearm in California, you must know the laws regulating how and where you can carry it. California Penal Code 25850 PC makes it a crime to carry a loaded firearm in public places or on the street without a valid permit. PC 25850 applies to handguns and long guns, such as rifles and shotguns. Carrying a loaded firearm is a serious offense with severe consequences for your freedom and future. If you face charges under Penal Code 25850 PC, you need an experienced criminal defense attorney to protect your rights and fight your charges. At Leah Legal Pasadena Criminal Attorney, we can help you. We have defended many clients accused of carrying a loaded firearm and other weapon offenses in PAsadena. We can help you achieve the best possible outcome for your case. When Is It a Crime to Carry a Loaded Firearm? According to Penal Code 25850 PC, it is a crime to carry a loaded firearm on your person or vehicle while in any public place. Public places could include any street in an incorporated city or a prohibited area of unincorporated territory. The law applies to handguns and long guns, such as rifles and shotguns. Before the court can find you guilty of this crime, the prosecutor must prove the following elements beyond a reasonable doubt: You carried a loaded firearm on your person or in your vehicle. You knew that you were carrying a firearm. You were in a public place or on a public street. Examples of Penal Code 25850 PC violations are: Walking down the street with a loaded handgun in your pocket without a CCW. Driving with a loaded shotgun in your trunk without a hunting license. Carrying a loaded rifle on your shoulder while entering a movie theater. What Is a Firearm Under California Law? According to California law, a firearm is any device designed to be used as a weapon from which a projectile is expelled through a barrel by the force of an explosion or other form of combustion. These devices include rockets, rocket-propelled projectile launchers, or similar devices containing explosive or incendiary material. Examples of firearms are: Pistols. Revolvers. Rifles. Shotguns. Machine guns. Submachine guns. Assault weapons. Examples of devices that are not considered firearms are: Air guns. BB guns. Pellet guns. Paintball guns. Toy guns. What Does “Loaded” Mean? California law states that a firearm is considered loaded if it contains shells or cartridges that are not expended. That means a bullet is in the firing chamber, or a magazine or clip is attached to the firearm. It does not matter if the firearm can be fired if it meets this definition. Knowledge of the presence of a firearm means that you were aware that you had a firearm on your person or in your vehicle. You do not need to know that the firearm was loaded, but you must have known that it was a firearm. If you did not know you had a firearm, you are not guilty of carrying a loaded firearm. Statutory Exemptions From PC 25850 In some situations, you can legally carry a loaded firearm in public or in a vehicle without violating PC 25850. Some of these exceptions are: You are a peace officer, a retired peace officer, an active military personnel, an authorized security guard, or a money transporter. You have a permit from the local sheriff or chief of police to carry a loaded handgun openly. You are lawfully carrying a firearm for hunting or firing range, kept in a locked container. You have a concealed weapon permit to carry a loaded handgun. You are licensed to carry a loaded and open handgun in the county that licensed y Pasadena Violent Crime Lawyer | Pasadena Criminal Attorney 301 East Colorado Blvd. Suite 520, Pasadena CA 91101 626-628-0564 Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Menu Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Violent Crimes According to the Nation Institute of Justice , when you use force or threaten to apply power during the commission of a robbery, murder, rape, sexual assault, and assault, the offenses are deemed violent crimes. A conviction for these offenses can alter your life entirely, which is why you need an experienced attorney by your side to contest the charges. At Leah Legal Pasadena Criminal Attorney, we believe that you must understand the definition of violent crimes and their permissible consequences if you face charges for one of these crimes. Therefore, in this article, we have given an overview of violent crimes in Pasadena and possible defenses to help you understand what to expect. The Legal Definition of Violent Crimes Under California law, an offense that involves causing physical harm or threats to inflict bodily injury is called a violent crime. Most violent crimes in California are felonies, although some misdemeanors may still be classified as violent if the violation of a victim is involved. Despite most violent offenses being felonies, most of them are tied to the Three Strikes Law, which adds a strike on your criminal record when you are sentenced for a violent felony. Discussed below are overviews of violent crimes you may be charged with. Murder or Homicide Under California PEN 187, there are three forms of murder. These are: 1. 1 st Degree Murder According to California PC 189, you will be imprisoned for murder if in the 1st degree if you committed the offense under the following circumstances: Your actions were premeditated You made use of explosives devices or weapons of mass destruction You ambushed or tortured the victim You killed the victim willingly Under SB 1437, you will be sentenced for felony homicide if you were successful in the commission of the crime, tried, or took part in a felony, assisted, or abetted 1st-degree murder with intent to end the life of your victim. Upon conviction, you will face the ensuing penalties: Twenty-five years to incarceration for life Life incarceration without the possibility of parole in a state prison Capital punishment 2. 2 nd Degree Murder If you commit a felony or a fundamentally dangerous act that results in the loss of life of another individual, you will face murder in second-degree charges. An excellent example of this offense is vehicular manslaughter. The lowest incarceration term for 2nd-degree murder is fifteen years. Additionally, you may face 25 years in prison to life imprisonment, depending on the circumstances surrounding your case. 3. Involuntary Manslaughter Under California PC 192(b), involuntary manslaughter is when you cause death unintentionally but due to recklessness or negligence. The circumstances that must be present for you to face PEN 192(b) violation charges are: You ended another person’s life during the commission of an offense that isn’t a dangerous felony. During lawful conduct with the possibility of ending life If the court finds you guilty of the offense, you risk a jail term of 24, 36, or 48 months. The court could also impose a court fine of ten thousand dollars. Note that the crime of homicide occurs when you end someone else’s life through deliberate acts, which could be accidental or negligent. You don’t need to have malicious intent to cause harm for you to face these charges. Murder laws in California have changed a lot in the recent past, and it’s crucial to know about these changes if you are faced with charges for this violent offense. According to SB 1437, you evoke a felony homicide rule if: You ar Testimonials from Long Beach Criminal Defense Clients - 301 East Colorado Blvd. Suite 520, Pasadena CA 91101 626-628-0564 Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Menu Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Testimonials By tmg_admin 0 Comments --> I highly recommend this Law Firm. I was working with them for more than a year. I can not say enough good things about them. They are professional, knowledgeable, and very willing but most important is they are nice, easy to get a hold of, sympathetic, non judgmental and all about the client. I got absolutely amazing results that I never expected and was worried to death. They made my worries go away. They are also reasonably priced and work with a client according to their financial ability. Absolutely 5 star firm. Yvonne L. By tmg_admin 0 Comments --> Recently got into trouble this past year and I was fearing for the worst, but Leah and her team achieved the best possible outcome for my scenario. Very professional and straight to the point on what will most likely happen with your case. Thank you guys so much. Jose R. By tmg_admin 0 Comments --> Mrs. Naparstek did a wonderful job representing me with my case. True to her word during our initial consultation, she provided timely updates and successfully challenged opposing counsel As a result, my case was successful and moved through the system faster than expected. Highly recommend using her again. Jess Y. View More Don't Let a Criminal Charge Ruin Your Life! Get An Experienced Attorney Defending for You. Don't Wait. 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Get Your Life Back On Track. Don't Wait. Free Consultation Take the First Step Towards Fighting Your Charges Call 626-628-0564 to speak with our attorneys today. We offer a free initial consultation as we give you the chance to get the answers you need and make an informed decision about your charges. Take the crucial first step of combating your charges and put your li DUI Causing Injury in Pasadena Laws | Pasadena DUI Attorney 301 East Colorado Blvd. Suite 520, Pasadena CA 91101 626-628-0564 Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Menu Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us DUI Causing Injury You have decided to drive home after hanging out at a local bar. Despite consuming several drinks, you believe you are still within the lawful BAC (blood alcohol concentration) limit when leaving the bar. On the roadway, you run a stop sign and crash into another motorist who sustains an injury, and now the state is charging you with DUI causing injury under California DUI laws. The consequences of DUI causing injury can be severe, and you want to hire a skilled DUI defense lawyer who understands the law to help you fight if you have been charged. At Leah Legal Pasadena Criminal Attorney, we have lawyers specialized in defending DUI cases, including DUI causing injury, for clients charged in Pasadena and the surrounding areas. These lawyers have decades of experience, understand California DUI laws, and know how the local courts operate. They will closely examine your case details and develop an effective defense strategy to achieve the most favorable outcome. Call our law firm for a consultation to know your legal options and how we can help you. Overview of California DUI with Injury The DUI with injury criminal conduct is described under VC 23153. If you operate a vehicle while drunk or high on drugs and consequently cause bodily harm to another party, California prosecutors could charge you with the criminal offense of DUI with injury. It is crucial to remember that driving while drunk or on drugs under this law includes: VC 23152(a), DUI. VC23152(b), operating a vehicle with a BAC (blood alcohol concentration) of .08% or more. VC 23152(f), operating a vehicle while intoxicated with drugs, including prescription medications. Prosecutors can charge the case either as a felony or misdemeanor crime. Note there is a difference between DUI and DUI with a .08% or more BAC. DUI includes drugs and alcohol, and the prosecution must prove that your mental and physical capabilities were impaired at the time of driving to be convicted. DUI with a .08% or more BAC refers to the alcohol amount detectable in your bloodstream. If the alcohol amount detected in your bloodstream is .08% or higher, you are automatically considered to be driving while intoxicated and will be charged with DUI regardless of whether or not you were impaired. A common instance of DUI with injury is when you drive home after hanging out in a bar and have a BAC higher than 0.08%. While driving, you run a stop sign and crash into another auto, and the accident results in the driver of the vehicle you crashed into suffering a head injury. What Are the Elements of this Criminal Offense For the judge to pronounce you guilty of VC 23153 violation, they must prove, beyond a reasonable doubt, these elements as listed under CALCRIM Jury Instructions 2100 or 2101. You drove. While intoxicated with alcohol, drugs, or both. With a .08% or greater BAC. While driving drunk or on drugs, you neglected to do a legal obligation or committed an unlawful act. Your unlawful action or neglect to do a legal obligation caused bodily harm to another party. It is essential to remember that if it is a commercial driver accused of DUI with injury, the prosecution only needs to show you were operating the vehicle with a .04% or higher BAC. Also, remember that being intoxicated under the DUI with injury law means, due to consuming drugs or alcohol, your mental or physical capabilities were impaired to the extent you could not drive your auto with caution as a sober driver would. Lastly, note that driving while intoxicated with drugs also includes the prescription me Possession of a Controlled Substance for Sale in Pasadena | Pasadena Criminal Attorney 301 East Colorado Blvd. Suite 520, Pasadena CA 91101 626-628-0564 Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Menu Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Possession of a Controlled Substance for Sale California has long been dealing with the issue of controlled substances, part of which includes arresting and charging people in violation of the statutes against possession, sale, transportation, and use of controlled substances. One of the statutes, Health and Safety Code 11351, makes it a crime to possess a controlled substance for sale. Drug laws in California can be complicated. Therefore, without the right defense, most defendants end up in jail or prison without a fighting chance. In the years the Leah Legal Pasadena Criminal Attorney has been in operation, we have defended numerous cases of people charged with possession of a controlled substance in Pasadena. As part of our defense, we encourage our clients to learn more about the charges against them. Here’s some information about the offense and what you can expect during the criminal proceedings. Understanding Possession of a Controlled Substance for Sale California law defines a controlled substance as any drug or chemical regulated by the United States Controlled Substances Act. The US Controlled Substances Act was established as part of the Federal Government's fight against drug and substance abuse. The act controls prescription and other drugs or substances without a demonstrable medical value. These drugs and substances are classified into five schedules. Each has its stipulated manufacturing process, possession regulations, usage requirements, and related crimes. Some of the controlled substances the US Controlled Substances Act regulates include heroin, LSD, marijuana, ecstasy (MDMA), mescaline, peyote, amphetamines, barbiturates, cocaine, codeine, fentanyl, methadone, morphine, PCP, anabolic steroids, and other pharmacological drugs. Since both prescription and narcotic drugs are covered under the US Controlled and Substance Act, you can be charged with possessing a controlled substance for either of these drug classes. During the court proceedings, the prosecution has the burden to prove that you committed a crime beyond a reasonable doubt. The elements that the prosecution must prove for a conviction of possession of a controlled substance for sale include: You possessed a drug You knew that you were in possession of a drug At the time, you were aware of the drug’s status as a controlled substance You possessed or purchased the drug to sell it For this statute, possession can be categorized into three forms: actual, joint, and constructive. Actual possession refers to physically having the controlled substance on your person, for instance, in your pockets or a bag you carry. Actual possession is often the easiest to prove. Constructive possession, on the other hand, implies that the controlled substance was in a place to which you had access or the right to control. Constructive criticism relies heavily on circumstantial evidence, for instance, the presence of a controlled substance in your house or car. Joint possession refers to a scenario where more than one person has possession of a drug. Cases of joint possession are likely to arise where more than one person has access to or the right to control the controlled substance. For example, if the police find drugs in a car that both you and your partner use, they might charge you with joint possession of a controlled substance. The prosecution also has to prove that you knew you were in possession of the controlled substance. Let's say that you and a partner share a vehicle. Your partner uses the car to sell a controlled s Pasadena Possession Of Methamphetamine - Possession Of Methamphetamine Lawyer | PasadenaCriminal Attorney 301 East Colorado Blvd. Suite 520, Pasadena CA 91101 626-628-0564 Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Menu Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Possession Of Methamphetamine According to California laws, it is a severe offense to possess meth. Methamphetamine is also called ice, shard, glass, or tina. You might find it challenging to have your name cleared from the justice system after being convicted of a crime. Note that the record in your criminal history can bring many challenges into your life, including denying you your right to obtain a new job. With your future at stake, you must seek legal help from a drug crime attorney. At Leah Legal Pasadena Criminal Attorney, we bring the highest caliber of experience and expertise in methamphetamine possession criminal defense. We start by listening to your case, thinking about it, and gathering enough evidence to help us figure out the best way to defend you. Therefore, we can work with you anytime if you seek legal help in PAsadena. Understanding California PC 11377 As per California PC 11377, possession of methamphetamine can occur in various forms. These ways might include actual, constructive, and joint possession, as discussed below: Actual possession means physically possessing the alleged drug. The drug can either be in your bag or your pocket. It means you have immediate control over the drug. For example, if the police find you holding or touching meth, you possess the drug. The drug is also in your possession if the police find it in something you carry, like a backpack, suitcase, or purse. When police find methamphetamine on you, you are usually found to own it. Occasionally, law enforcement officers could use circumstantial evidence to prove possession. For example, you might decide to swallow, flush, or throw the drug to skip an arrest. Under this scenario, the prosecution team could still prove actual possession. The police officers might also see you purchase the substance. Therefore, the officers might decide to approach and investigate the case. After seeing the law enforcement officers approach, you might swallow the drug to avoid an arrest. In this case, you are still in actual possession of the drug. Constructive possession means you control the place where law enforcement officers discover the drug. It can be in your vehicle. You do not have to be in complete control of the drug for you to face conviction. You could also have control over the drug through an agent. Again, you might exercise indirect control over the drug when you hide it in a public place or under your desk. You are in constructive possession of the drug when you send someone to purchase it on your behalf. When you ask someone to hold the drug, you are also in constructive possession. Note that you do not need to remain in the exact location with the drug to be in constructive possession. It is enough when you have control over the drug, regardless of the distance between you and the substance. Do you knowingly possess methamphetamine when you hide the substance in public? Yes, you still have control over the drug. Joint possession means you share the drug with another person. It could either be a constructive or actual possession. Possession of methamphetamine under the three forms of possession could lead to charges for possession of meth. Therefore, when you find yourself under any of the three forms of possession, you want to seek legal help from your attorney. The attorney will help determine what to do next. The attorney will offer you the best legal advice you require. The Elements of Possession of Methamphetamine in California California Penal Code 11377 says that having California Marijuana Laws in Pasadena | Pasadena Criminal Attorney 301 East Colorado Blvd. Suite 520, Pasadena CA 91101 626-628-0564 Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us Menu Home About Us Practice Areas Assault & Battery Assault on a Public Official Assault With Caustic Chemicals Assault With A Deadly Weapon Battery on a Peace Officer Battery With Serious Bodily Injury Simple Assault Simple Battery Domestic Violence Child Abuse Child Abduction Child Endangerment Child Neglect Corporal Injury On A Spouse Criminal Threats Domestic Battery Elder Abuse Restraining Orders Revenge Porn Temporary Restraining Order Drug Crimes California Marijuana Laws Possession Of A Controlled Substance Possession of Drug Paraphernalia Possession of a Controlled Substance for Sale Possession Of Marijuana Possession Of Methamphetamine Pre-Trial Diversion For Drug Crimes Driving Crimes Carjacking Driving with a Suspended License Evading A Police Officer Hit and Run Vehicular Manslaughter DUI 2nd Offense DUI DUI Causing Injury DUI Laws In The State Of California DMV Administrative Hearing Driving Under The Influence Of A Drug (DUID) Dry Reckless DUI With A Passenger Under 14 Underage DUI 3rd Offense DUI Fraud Crimes Auto Insurance Fraud Check Fraud Credit Card Fraud Gambling Fraud Real Estate Fraud Welfare Fraud Gun Offenses Carrying A Loaded Firearm Negligent Discharge Of A Firearm Prohibited Weapons Juvenile Delinquency Division of Juvenile Justice Juvenile Delinquency Court Juvenile Three Strikes Law Offenses Minors Can Be Tried As Adults Parental Rights in Juvenile Cases Ward of the Court Senate Bill 439 Property Crimes Trespass Vandalism Post Conviction Matters Expungement Parole Probation Violation Record Sealing Sex Crimes Annoying Or Molesting A Child Under 18 Child Pornography Indecent Exposure Lewd Conduct Loitering To Commit Prostitution Oral Copulation by Fear/Force Prostitution And Solicitation Rape Sexual Battery Statutory Rape Theft Crimes Burglary Grand Theft Petty Theft Robbery Violent Crimes Attempted Murder Dissuading a Witness or Victim Involuntary Manslaughter Kidnapping Manslaughter Murder Voluntary Manslaughter White Collar Crimes Embezzlement Filing False Documents Forging or Altering a Prescription Identity Theft Misappropriation of Public Funds FAQ Testimonials Contact Us California Marijuana Laws Drug laws are broad and some of the most complex laws in the state. California has separate criminal laws for marijuana from cocaine, heroin, and other controlled substances. The complexity of these rules can land you in trouble unknowingly. So, we at the Leah Legal Pasadena Criminal Attorney are here to help defend you if you are facing any marijuana-related charges. We are well-versed with California marijuana laws and can defend you if you are facing these criminal charges in the Pasadena area. A Background of California Marijuana Laws Previously, marijuana usage was exclusively allowed for medical reasons after voters approved Proposition 215 in 1996, also known as Prop 215, or the Compassionate Use Act/CUA. The Health and Safety Code 11362.5 helps to explain the Compassionate Use Act, which states that patients with specific health issues can lawfully use medical pot provided their physician recommends using it to treat their conditions. These can include health issues such as AIDS, cancer, arthritis, migraines, and seizures. This list is not exhaustive. Voters adopted Proposition 64, commonly referred to as the Adult Use of Marijuana Act/AUMA), which legalized marijuana for leisure or recreational consumption provided you're over the age of 21, twenty years following the passage of the CUA. This law states that anybody who is of twenty-one years of age or older can buy, consume, and carry up to 28.5 grams (an ounce) of cannabis or weed within their residence or in any location that has been granted authorization to allow the consumption or utilization of marijuana. This legislation also permits you to grow up to six marijuana plants for recreational use lawfully in your home. Even though marijuana is permitted in these circumstances, it is nonetheless illegal at the federal level and is punishable if convicted. After being detained for a marijuana-related offense or another related crime, it is advisable to see a defense lawyer for essential legal guidance regarding your situation. A skilled lawyer will address your concerns and defend your rights. Even though AUMA legalized the sale, possession, and use of marijuana for recreational purposes, it left in place other marijuana-related laws. The execution of this law has only authorized a few modifications to how certain marijuana charges and related charges should be handled by law enforcement, prosecutors, and courts. A few of the marijuana laws you should be aware of are covered here, along with the consequences you might face if you are found guilty during trial for infringing the laws: Possession of Marijuana/Cannabis for Personal Use Under the Health and Safety Code 11357 In general, it is illegal to possess certain amounts of cannabis in California except if a doctor or physician legally allows you to have it in your possession for medicinal purposes. Possession of marijuana, as per the Health and Safety Code 11357, may result in misdemeanor or infraction charges and fines, based on the following variables: How old you are The amount of cannabis you have in your possession at the time of your arrest Further proof or evidence supporting your particular case The following are some examples of charges and penalties you may face for possessing cannabis illegally: Possession of Concentrated Hashish/Cannabis Under the Health and Safety Code 11357(a) Possessing over eight grams of concentrated cannabis is prohibited unless you have a valid justification for using it medically. 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