Rizio and Nelson California Law Blog

Home Invasion Legal Issues

Desperate times sometimes result in drastic actions.  Desperate times, desperate measures. That’s how the saying goes, and most of the time, we say it lightly. However, it is a sign of these difficult economic times when we see in the papers and on the news more and more crimes of theft, robbery, and home invasion. With unemployment rates still high, the chances are that many people will...

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...

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...

Jury Instructions

The judge gives instructions to the jury after the closing arguments of the attorneys and before jury deliberations. These instructions include reading the law or laws that apply to a particular case. He or she asks them to consider carefully the facts of the case to determine if any laws have been broken. Jurors are reminded that the prosecuting attorneys carry the burden of proof, meaning that the...

California Juvenile Offenses

Unfortunately teenagers don’t always make the right decision and in fact may find themselves facing a multitude of legal issues ranging from simple infractions which are fine-able offenses to far more serious juvenile crimes which are categorized as felonies. We all understand that children are not always wise about the choices they make and we understand the dangers to a child who is placed...

Grand Theft – Shoplifting

Shoplifting may be considered grand theft depending on the value of items that have been stolen. This is a crime that is very hard to defend since there are generally security tapes, witnesses or other evidence that is difficult to ignore. There is a significant difference however in how the charges are lodged. If a grand theft charge is defended properly it can be reduced to a misdemeanor instead...

Examples of Grand Theft

California law defines the following examples of grand theft: a) Where the money, labor, or real or personal property taken is of a value exceeding $400, except as provided below. b) When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding $100. The value of the fruit is established by the wholesale...