Rizio and Nelson California Law Blog

Grand Theft Auto in Decline in CA

According to Reuters, September 24, 2009, the rate of auto theft incidences in California is decreasing. This is great news for the victims who have gone through the inconvenience and expense of having their car stolen. One of the programs that has been developed to combat auto theft is VIN etching. The VIN, Vehicle Identification Number, which every automobile manufactured has, is unique for every...

Arson In California

Arson is very serious Arson is a very serious crime, and can even carry the death penalty in the state of California under certain circumstances. These include, but are not limited to: When the arson causes death to one or more individuals, including emergency personnel Under California’s Three Strikes Law, when there are mitigating factors such as malice aforethought In June of this year,...

Violent Crimes

There are three major types of violent crimes in California: Homicide, Robbery, and Assault. Homicide is, of course, murder of another human being. First or Second degree murder convictions result in life imprisonment without the possibility of parole. Robbery is theft combined with physical force. Assault is when one person threatens to harm or does physical harm to another person. Depending on the...

Concealed Weapons Laws

Usually, California law forbids a person from carrying loaded guns on his or her person or in a motor vehicle while in a public place. California Penal Code §12025 clarifies the California laws regarding firearms. A person is guilty of carrying a concealed weapon when he or she: a) Carries a concealed weapon within any motor vehicle under his or her control or direction; b) Carries a concealed weapon...

Drug Possession

In order to prosecute a person for possession of drugs for personal use, the prosecution must prove that the person had knowledge of the presence of the controlled substance, and knowledge that the substance was in fact a controlled substance. There are two types of possession: Actual possession means that a person knowingly has direct physical control over a controlled substance. Constructive possession...

Grand Theft

Grand theft is theft of goods or services valued above $400. An individual accused of grand theft may be charged with either a felony or a misdemeanor. A felony grand theft is punishable by imprisonment in a state prison for a maximum sentence of 16 months to 3 years. As a misdemeanor, it is punishable for up to one year in the county jail. Grand theft can also be defined as theft of property taken...

Embezzlement Laws

Embezzlement is the taking of money and/or property in violation of a relationship of trust in order to put that money and/or property to one’s own use. In order to convict a person of embezzlement, there must be proof of a relationship of trust and/or confidence between the two persons, as well as proof of the intention to dispossess the other person of his or her property. For example, embezzlement...

Burglary Laws

California Penal Code Section 459 reads, in pertinent part: “Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed...

When is a DUI a felony?

The DUI is a felony if the driver of a vehicle drives while impaired by alcohol and/or drugs and commits a forbidden act or neglects a duty imposed by law in driving the vehicle that was the proximate cause of the traffic accident and injures someone other than himself. However, placement of the fault must be on the driver for the traffic accident. Alcohol or drug impairment without classification...