Legal Expertise You Can Rely On

Penal Code 211 defines “Robbery” in the state of California as taking the personal property that is in the possession of another person, from their immediate presence, against their will, or through the use of force and/or fear (for example, wearing masks and wielding guns). However, the crime can also be committed in less obvious ways such as: breaking into a home with residents inside, then threatening them with physical harm before stealing their property, or drugging someone then stealing their personal property. 

California Health and Safety Code 11350 HS prohibits the possession of specific “controlled substances” without a valid prescription. A “controlled substance” is defined as a drug or chemical whose use, possession, and manufacture are regulated by the government under the United States “Controlled Substances Act”.

Examples of commonly possessed controlled substances include (but are not limited to): Opiates, cocaine, heroin, and peyote. In addition, California’s illegal drug possession law also mandates that it is illegal for a person to possess prescription drugs without a valid prescription (for example, codeine and hydrocodone).

In order to prove that you possessed a controlled substance, the prosecutor must prove that you exercised control over the drug, you knew the drug was in your presence, you knew that the drug was a controlled substance and there was a sufficient quantity of the drug to be used as a controlled substance.

Assault (PC 240):

Penal Code 240 states that an assault (simple assault) is an attempt to willfully commit a violent injury to someone else. It is important to note that “assault” and “battery” are two distinct crimes; whereas in the case of battery, there was actual use of unlawful violence, assault is the attempt to do so.

Simple battery can be charged as a misdemeanor or felony, a determination that is made by the judge.

It is defined as any willful and unlawful use of force or violence upon another person.

If you are convicted of simple battery, you could face up to $2,000 in fines and 6 months in jail, under California Law.

Simple Battery California Penal Code Section 242-243

Assault with a deadly weapon, (not a firearm, see below) is a felony under California law.

It is defined as an assault in which you use any “deadly weapon” other than a firearm in a manner likely to produce great bodily harm. A deadly weapon is deliberately not defined and can be interpreted as broadly as possible. A deadly weapon could be a blunt instrument like a bat or a tire iron, a bladed instrument like a knife, or even a moving vehicle if it is alleged you deliberately attempt to hit a person with your car.

If you are convicted of assault with a deadly weapon, you could face up to $10,000 in fines and 4 months in prison, under California Law.

Assault with a Deadly Weapon (not a firearm) California Penal CodeSection 245

Domestic Violence (PC 273.5):

California domestic violence laws make it illegal to use physical force or to communicate threats of harm against an intimate partner or cohabitant. Common DV crimes include (but are not limited to): PC 243(e)(1) pc Domestic Battery, PC 273d pc Child Abuse, PC 368 Elder Abuse, PC 422 Criminal Threats, and PC 273.5 Corporal Injury to a Spouse or Cohabitant.

California DV laws also present serious legal issues for immigrants who are not United States citizens. Most DV offenses are crimes of ‘moral turpitude’ and a conviction will most likely result in deportation and loss of the opportunity to eventually naturalize.

Gang-Related Violence/Gang Enhancements (PC 186.22):

Penal Code 186.22(a) is the crime of participation in a gang and Penal Code 186.22(b) is defined as the gang sentencing enhancement. The second part (b) is an actual sentence enhancement (an addition to the penalty) for anyone who commits a felony for the benefit of the crew. The first part of the law makes it illegal for anyone to participate in a street crew and/or assist in any felony criminal conduct.

California law punishes crew members on a grand scale and much more harshly than those people who have no gang ties; Penal Code 186.22 is part of the “STEP Act” (California Street Terrorism Enforcement and Prevention Act), which punishes gang members, and those who associate with gang members. In order to be convicted under Penal Code 186.22(a), these three elements of the crime must exist: that you actively participated in a criminal street gang, you know of the gang’s criminal activity and the members engaged in it, and you willfully assisted/promoted felonious criminal conduct by gang members.

Lewd Acts with a Child/Child Molestation (PC 288):

Child Molestation is a serious charge that carries serious legal and social consequences. An accusation of this nature can ruin an innocent person’s life. While there are many types of child molestation, almost any conviction will result in having to register as a sex offender for life. The charge under Penal Code 288 PC makes it illegal to touch a child under the age of 14 with sexual intent. Even “touching” a child through clothing is a crime under this section. According to the law, a child under 14 cannot consent, therefore making a consensual defense implausible under this section.

When these acts are committed against a child 16 or 17 years old, it is no longer considered child molestation; it will be prosecuted as statutory rape or sexual battery. However, both charges require the accused to be subject to lifetime sex offender registration.