California Penal Code Section 152 – Concealment of Accidental Death1 California law sets forth misdemeanor punishment for any person who conceals or attempts to conceal an accidental death. Elements of a Penal Code Section 152 Violation: The defendant knew of the accidental death of another person; The defendant actively concealed or attempted to conceal the death.2…

Senate Bill 1030 Adds A Point to Driving Records

California Legislature Passes SB 1030 – Distracted Driving To Add a Point to Driving Record1 Senator Josh Newman (Fullerton) gained approval for Senate Bill 1030 on April 30th. If Governor Brown signs the Bill into law, insurance companies will add a point to the driving record of any person caught operating a cellular telephone while…

False Identification to a Peace Officer

Penal Code Section 148.9 – Providing False Identification to a Peace Officer Elements of the Offense – Penal Code Section 148.9(a)1 The prosecutor must prove the following elements beyond a reasonable doubt: The Defendant falsely identified or represented himself as another person or a fictitious person to a peace officer; AND The Defendant was lawfully detained…

Penal Code Section 148.6 – False Allegation of Police Misconduct Penal Code Section 148.61 provides misdemeanor punishment for any person who makes a false allegation of misconduct against a peace officer. PENAL CODE SECTION 146(a) VIOLATIONS: Elements of the Offense: The Defendant filed an allegation accusing a peace officer of misconduct; AND The Defendant knew…

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 148.1

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…

Penal Code Section 146

False Arrest Under Color of Authority – Penal Code Section 146 It is a misdemeanor for any person to commit an unauthorized act under color of authority.  It is illegal do to the following: Arrest a person or detain the person against his or her will. Seize or levy property. Dispossess / evict a person…

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Peace Officer Refusing to Arrest or Receive Person Charged with Criminal Offense – Penal Code Section 142 It is a crime for a California peace officer to refuse to arrest, or refuse to receive a person for arrest where a duty to arrest exists.(1) The crime is punishable in the following manner: A misdemeanor carrying up…

ventura-county-criminal-defense-lawyer-home2

Effective DUI Defense – Ventura County I secured the dismissal of another Driving Under the Influence (DUI) case in the Ventura County Superior Court today. My client was accused of driving under the influence of alcohol and drugs. He was understandably overjoyed by the outcome. I have developed an effective and aggressive system for handling DUI cases. As…