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California Misdemeanor Crimes and Sentences
Learn what’s considered a misdemeanor in California, typical sentences for misdemeanors, and when crimes can be either misdemeanors or felonies.
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California Felony Crimes and Sentences
Learn how sentencing works in California for felonies, crimes that can be either felonies or misdemeanors, and defendants who have previous convictions for serious or violent felonies.
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California Criminal Statute of Limitations
California has comprehensive—and complicated—rules regarding statutes of limitations for criminal cases. The statute of limitations specifies the time period within which a case must be commenced by the state. With certain offenses, there is no statute of limitations which means the state is never barred from bringing a legal action against someone for that type of offense.
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Vacating a Criminal Conviction in California
Certain defendants who entered no contest or guilty pleas, and who have completed their sentences, may apply to the court to vacate their convictions if they can show that they did not understand the immigration consequences of their pleas, or evidence exists of actual innocence.
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California Minor in Possession of Alcohol Charges and Penalties
California’s minor in possession (MIP) laws aim to deter underage drinking. Minors can be charged with an MIP offense for consuming alcohol in public, possessing alcohol, purchasing alcohol, or even holding an unopened container.
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California Public Intoxication Laws
In California, a person who appears in public while intoxicated from alcohol or drugs may be arrested and charged with the crime of disorderly conduct. Under some circumstances, an intoxicated person in public may avoid arrest and instead be placed in protective custody and taken to a treatment facility.
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Possession of a Controlled Substance in California
California classifies not only well-known drugs like marijuana, heroin, and cocaine as controlled substances, but also the compounds used to manufacture them.
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Where can I get medical marijuana if there are no dispensaries in my California city?
If your city has outlawed medical marijuana dispensaries, but you are otherwise allowed to own and use medical marijuana under California state law, you have two options.
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Can my California city outlaw medical marijuana dispensaries?
Yes. While California allows medical marijuana use under the Compassionate Use Act of 1996, a recent ruling in May, 2013 by the California Supreme Court might make it harder to find a dispensary in your area.
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California Laws on Petty Theft, Shoplifting, and Grand Theft
California’s lawmakers define theft as the intentional and unlawful taking of property. In order for a theft to occur, the offender must intend to permanently deprive the owner of the property. (Cal. Pen. Code, § 484.)
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Shoplifting Charges in California
Shoplifting is a serious crime in California, with criminal penalties including jail time and fines. In addition to criminal penalties, shoplifters face civil lawsuits by victimized merchants to recover damages.
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What are the consequences and penalties of auto theft in California?
California has two different statutes that criminalize auto theft. The only difference is whether the defendant intends to take the car temporarily or permanently. Each crime may be punished as a misdemeanor or a felony.
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Embezzlement is a kind of property theft. It occurs when someone who was entrusted to manage or monitor someone else’s money or property steals all or part of that money or property for the defendant’s personal gain.
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Burglary and Home Invasions in California
In California, a person commits the crime of burglary by entering into a vehicle or building in order to commit a crime inside. Residential burglary, sometimes called home invasion burglary, is punished more severely. California also has laws against unauthorized entry or trespass (entering a residence without permission).
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Gun Storage Laws in California
California gun owners must store their weapons safely and securely to keep them from children and adults who aren’t supposed to have firearms.
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Learn about California’s restrictions on the purchase of stun guns and Tasers—and when it’s illegal to carry or use these weapons.
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Are Fireworks Legal in California?
California classifies the items that qualify as "fireworks," specifies who may possess or sell them, and dictates when and where they may be set off.
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Is it Legal to Carry Pepper Spray In California?
Pepper spray is a chemical agent that, when sprayed into the eyes or onto the face, causes severe pain, tearing, and, in some cases, temporary blindness. Pepper spray is regulated by the state of California in its rules concerning tear gas and tear gas weapons.
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What Is the Legal Way to Bring a Firearm Into California?
It’s against the law to buy a gun out of state and simply drive it back to California. Learn how to bring a gun here the right way—and the penalties if you do it illegally.
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California Assault and Battery Laws
Assault in California is an intentional attempt to physically injure another or a menacing or threatening act or statement that causes the other person to believe they are about to be attacked. This crime doesn’t involve actual physical contact.
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Cyberbullying Laws in California
Cyberbullying is a crime in California. And every school in the state is required by law to institute policies against student-on-student bullying and cyberbullying.
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California Domestic Violence Laws
Domestic violence in California is physical abuse committed against a current or former spouse, a current or former cohabitant, someone with whom the suspect has or had a dating or engagement relationship, or someone with whom the suspect has a child. A conviction for a domestic violence carries the possibility of incarceration along with a fine.
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Transmitting an STD in California
The state of California has several criminal laws that address either transmitting sexually transmitted diseases or exposing others to the danger of transmission. These laws create specific STD-related crimes, and allow for enhanced penalties if people commit other crimes while infected with an STD.
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A teen who sexts may be prosecuted under California’s general child pornography and exploitation laws, which provide for very harsh sentences.
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California Statutory Rape Laws
In California, it is illegal for an adult (someone 18 or older) to have sex with a minor (someone younger than 18), even if the sex is consensual. Those who break the law have committed statutory rape.
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Revenge Porn Laws in California
California has specifically outlawed “revenge porn.”
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Prostitution Laws in California
In California, it is a crime to buy or sell sex for money. The crime of prostitution applies to several actions. California punishes prostitution under its disorderly conduct statute.
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Pimping and Pandering Laws in California
In California, both pimping and pandering are crimes. Laws against pimping and pandering are generally aimed at third parties who benefit from the sale of sex, although they may also apply to “johns” and prostitutes.