Penal Code Section 148.4 - Malicious Tampering With Fire Alarm

Penal Code Section 148.4 – Malicious Tampering with Fire Alarm1 Penal Code Section 148.4(a) Violations (Misdemeanor) The prosecution must prove the following beyond a reasonable doubt: The Defendant “willfully” and “maliciously” tampered with fire protection equipment; OR The Defendant “willfully” and “maliciously” transmitted a false message indicating the presence of a fire by any electronic…

California Penal Code Section 148.3 Criminalizes Any Knowingly False Report of an Emergency

Penal Code Section 148.3 – False Report of Emergency Introduction: Penal Code Section 148.3 addresses numerous scenarios for the reporting of false emergencies, including what is commonly referred to as “swatting.”   A “swatting” incident involves the false report of an active shooter, bomb threat or other emergency serious enough to merit the dispatch of a…

Penal Code Section 148.2 – Interfering with Firemen and Rescue Personnel Pursuant to Section 148.2, it is a misdemeanor to “willfully” obstruct firemen or other emergency rescue personnel form discharging to attempting to discharge their official duties under any of the following circumstances: By resisting or interfering with the lawful effort of a fireman or…

Penal Code Section 148.1

Penal Code Section 148.1 – False Bomb Reports PENAL CODE SECTION 148.1(a) & (b) – FALSE BOMB REPORT TO PEACE OFFICER OR DESIGNATED INDIVIDUAL Pursuant to Penal Code Sections 148.1(a) & (b), the prosecution must prove the following elements beyond a reasonable doubt: The defendant reported that a bomb or explosive device will be placed in a…

Excessive Force Claims Are Evaluted Under a Case by Case Basis

Penal Code Section 148 – Resisting, Obstructing or Delaying A Peace Officer Introduction: Penal Code Section 148 was designed to protect the physical safety of officers, and to facilitate effective law enforcement investigations. Unfortunately, it is not uncommon for some officers and their departments to abuse Section 148 to punish individuals who assert their Constitutional rights…

Impersonating an Officer

Impersonating an Officer – Penal Code Section 146a The crime of impersonating a public officer may be prosecuted as either a misdemeanor or a felony. Misdemeanor violation of Penal Code Section 146a(a): Pursuant to Penal Code Section 146a(a), it is misdemeanor to falsefly represent yourself as a deputy or clerk of a state agency if…

Evidence Tampering by Peace Officers – Penal Code Section 141 Penal Code Sections 141(a) and 141(b) punish evidence tampering by peace officers. General Elements of an Evidence Tampering Case: (1) The defendant peace officer willfully and intentionally (moved or planted or placed or made or hid or moved) a physical item of evidence / digital image…

scales-of-justice

Another DUI Hearing Victory, by Bill Haney – Ventura County Criminal Defense Attorney Last week, I successfully defended another license at a DMV hearing.  In this matter, we obtained calibration records for the breath testing device and convinced the hearing officer that the client’s blood alcohol level was likely below .08 at the time of…

Mercy

Drug Treatment – Not Jail, by Bill Haney, Ventura County Criminal Defense Attorney Today, I had the privilege of representing a woman charged with child endangerment in the Ventura County Superior Court. The District Attorney demanded a 270-day jail sentence as punishment. We submitted letters, a detailed sentencing brief and life history information to the…

Threatening Cooperative Government Witnesses – Penal Code Section 140 Penal Code Section 140 punishes those who retaliate against witnesses and crime victims after they have cooperated with government. Elements of the Offense: 1. The defendant willfully did any one of the following to a witness or crime victim: a. Used force or violence; b. Threatened to…