Rizio and Nelson California Law Blog

California Sex Crimes Defense

Pornography Pornography includes any material, textual or visual, that is solely intended to incite or excite sexual feelings of an “aberrational” nature. Pornography is exceptionally available on the Internet and if you are caught downloading and viewing child pornography, you will face a lifetime of registration as a sex offender if successfully convicted. If you forward a picture to...

Vehicular Homicide

California is famous for images of palm trees, sunset beaches, majestic mountains, and vineyards. You would think that Californians would be the most relaxed people in the world! Ironically, California is also famous for L.A. and Hollywood, two places where “fast as lightning” would be a better description of the speed at which people live. We’ve become a “I-can-do-it-all” society where...

Child Death – Suffocation

The greatest fear for any parent is the death of a child. Most parents and caregivers watch their children diligently, but the reality is that we can’t watch over them constantly. Even sleep can bring tragedy under the right (wrong) circumstances. Suffocation is the fourth leading cause of death in children. According to the National MCH Center for Child Death Review, the four top causes of...

Kidnapping

California Penal Code 207a states that: “Every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping.” The most severe sentence is explained in California Penal Code 209 b, which...

Internet Pornography

You could be found in possession of pornographic materials by the mere presence of pornographic images on your computer hard drive, regardless of how or when those images were obtained. The definition of internet content as “pornography” is vague and subject to personal interpretation (normally that of both the jurors present and the judge presiding over the case) and prosecutors often...

California Obscenity Laws

If you were convicted of a sex crime, you should be aware that it may be possible to appeal the conviction. Defendants should appeal and make absolutely certain that they must register as a sexual offender. The social stigma associated with being a registered sex offender makes it hard to not only obtain employment, but can also affect your ability to form personal relationships or find a place to...

Prostitution Laws

The following actions may result in a prostitution charge: a) Any act committed with the intent to sexually arouse or gratify. b) Loitering in or around any public toilet for purposes of engaging in or soliciting any lewd, lascivious, or unlawful act. c) Loitering or wandering the streets or place to place without any apparent reason and refusing to identify or account for his or her presence when...

California DUI – First Offense

One of the challenges in California is the quick and swift action that is taken if you are arrested for a DUI charge. Even first time offenders are subject to very harsh penalties if found guilty. Drivers who are convicted for DUI (operating under the influence of drugs or alcohol) will face stiff fines and penalties. Here is some of what can be expected: Loss of driving privileges – Drivers who...

DUI Felony Classification

Felonies are crimes that are punishable up to state prison terms. The term length is variable, depending upon the severity of the crime and the criminal record of the offender, and can be low, mid, or high term. A DUI may be a misdemeanor or a felony depending the offender’s criminal background and other variables. The California court system guides DUI convictions and punishments based on applicable...