California Penal Code 261 defines the crime of rape as using force, threats, or fraud to have sexual intercourse with another person without consent. Rape is a felony punishable by up to 8 years in state prison. Under Megan’s Law, a conviction also requires lifetime registration on a national sex offender registry. Intercourse is defined as penile penetration of vagina, however slight. The following acts constitute rape under PC 261. These include non-consensual…

What are Romeo and Juliet Laws? Laws that could be considered statutory rape because one party is a minor can be mitigated to a lesser charge of “unlawful intercourse” under Penal Code 261.5. This is the charge of having sex with a minor when the age difference is usually less than three years. It is like when two high school sweethearts…

California Penal Code section 484(e) makes it a crime to steal a credit or debit card, or a party’s credit card or debit card information. This is a wobbler; can be charged as a misdemeanor or a felony. This code section is one of many credit card fraud statutes in California. Defenses: You did not intend to defraud, You did not…

“Grand Theft Auto” is defined in California statute Penal Code 487(d)(1). This section makes it a crime to take someone else’s vehicle, worth $950 or more, without permission, and with the intent to deprive the true owner of the vehicle. It can be charged as a misdemeanor or a felony. There are two types of vehicle theft Grand theft auto, and The unlawful taking or driving of…

 Trespass in California is defined in Penal Code 602.  Trespass is committed if you enter or remain on someone else’s property without permission or without a right to do so. This violation of the law is usually charged as a misdemeanor. Defenses: Defendant had the right to be on the property Defendant had a property owner’s consent Defendant did not act willfully, and/or…

California defines burglary under Penal Code 459 as: “Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed…

Arson is willfully and maliciously setting fire to or burning or causing to be burned or aiding, counseling, or procuring the burning of, any structure, forest land, or property. Is Arson a felony or misdemeanor? Arson is deemed an inherently dangerous felony, not a misdemeanor. The reasoning is that structures, forests, and properties tend to contain humans or animals which…

Vandalism is any damage or destruction of personal property which is owned by someone else. While vandalism is usually a misdemeanor, a criminal record can have long-lasting effects on jobs, schools, and professional licenses. Vandalism  (a) Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, in cases…

What to do after a Hit & RUN Accident? Call an experienced Hit and Run Lawyer in Orange County! Do not speak to the police–ask for a lawyer immediately. Do not give any statements in writing or verbally to anyone, except your lawyer. Take notes as best as you can to give to your attorney. You will not remember details…

California defines Exhibition of Speed as follows: Vehicle Code (VC) 23109    (a) A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the…