Rizio and Nelson California Law Blog

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...

Murder

Murder is the unlawful killing of a person with malice aforethought and is separated from other forms of homicide by lack of lawful justification (i.e. self defense or accident). Malice aforethought exists if the defendant acts in any of the following frames of mind: Intent to kill; Intent to inflict serious bodily harm; Reckless indifference to an unjustifiably high risk to human life (abandoned...

Domestic Violence Punishment

Misdemeanors: 0 to 6 months County jail Counseling (52-week program) 40 hours of community service or physical labor (CalTrans) Fines Stay-Away Order from the victim, including moving out from residence “No Harm, No Strike” Order for couples Felonies: Jail time can range from 3 months in County jail to 3 years in a state prison Counseling (52-week program) 40 hours of community...

Domestic Violence

California law mandates that you can be arrested for domestic violence even if the victim does not want to press charges, since the prosecutor can file charges on their behalf against their will. The victim is viewed as a witness in a government prosecution and therefore they can proceed with the criminal case even if the victim is unwilling to press charges. DOMESTIC VIOLENCE ABUSE EXAMPLES * Threats *...

Arson

California Penal Code 451 states that “A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property. (a) Arson that causes great bodily injury is a felony punishable by imprisonment in the state prison for five, seven, or nine years. (b) Arson that causes...

Felony Sentencing

Felonies are usually punished under a determinate sentencing program. This provides three potential state prison terms: low, middle, and high term. The middle term is generally the appropriate sentence, unless the court states a finding in open court that justifies the higher or lower term accordingly. Cases involving a felony, but not provided with a specific sentencing range, can be punishable by...

Theft Crimes

Theft crimes encompass a host of crimes. Technically speaking, theft is the taking of another’s property without their consent, with the intention of permanently depriving them of said object(s). Theft crimes usually require a specific intent to take and retain the property. In order to be convicted of any crime, the prosecution must effectively prove that the defendant’s actions satisfy...

Grand Theft Auto

Grand theft of an automobile occurs when one person takes another person’s car without their permission, with the intent to permanently remove it from their custody. A charge of grand theft auto requires that the automobile stolen have a value that is more than $400. Grand theft auto is classified as a felony, and is punishable with imprisonment in a state prison for 16 months to 3 years.In...

Burglary Laws

Burglary is defined as breaking and entering into a structure for the purpose of committing a crime such as theft of property. Burglary does not have to involve theft, however. It also applies to crimes such as assault or sexual harassment, whether the intended criminal act is committed or not, as long as unauthorized entry is accomplished. No great force is required if the entry is unauthorized...