Rizio and Nelson California Law Blog

The Tragedy of Vehicular Manslaughter

It is a fact of this life that one never knows when one’s life will end. You could be driving down the street one day, and without warning, BAM! It’s all over. It’s a disturbing thought, yes, but it’s something that happens all too often in this country. The death of Los Angeles Angels pitcher Nick Adenhart in April of this year is a stark reminder to the public of the tragedy...

Legal Issues – Caretakers

Any person who is a caretaker and commits a lewd act upon a dependent person by use of force, violence, duress, menace, or fear of immediate unlawful bodily injury on the victim or another person is guilty of a felony and shall be imprisoned in a state prison for three to eight years. Any person who commits a lewd act with sexual intent upon a child of 14 or 15 years, and is at least 10 years older...

Drug-Related Homicides

According to the Office of the Attorney General of California, the incarceration rates for drug-related crimes have been steadily on the rise. The last year recorded was 2005, which saw 39 drug-related homicides out of every 100,000 people. Alarming as this is, the high was in 1997, with 53.2 drug-related homicides. The rate had gone down to 31.4 in 2002, but began increasing again in the following...

Dog Bites Account For 33% of Claims…

Dogs cause insurance companies serious headaches. Dogs have long been called “man’s best friend,” and this is largely due to the dog’s loyalty and affection to man. This may not be as true as we once believed, as recent studies have proven that dog bites actually accounted for a full 1/3 of all homeowner’s insurance liability claims in 2008 alone. This number is astronomical,...

California Indecent Exposure

CALIFORNIA CODES SECTION 314-318.6 (as of 6/2000) states that “Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, 2. Procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make...

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...

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...