Rizio and Nelson California Law Blog

California Felony DUI

Driving under the influence charges are classified either as a misdemeanor or a felony based on the facts surrounding the individual case. How the charges are filed will depend on whether or not the arresting officer determines who was at fault during an accident that involves a drunk driver. Typically if the driver causes injury to someone other than himself, then the charges will be considered a...

Child Enticement

Unfortunately, child enticement has a vague definition, and it is possible that this charge will be rendered against a person who actually had no criminal intent. Fortunately, the prosecution has the burden to prove intent to harm the child. Child enticement is generally defined as attempting to lure or persuade any child to enter, stay, or leave any building, vehicle or place with the use of force...

Child Pornography Charges

Simply receiving an email that depicts an actual (or simulated) sexual act by an individual under the age of 18 could result in your being charged under the California Child Pornography laws. Additionally, both state and federal laws are dictated that make it a crime to produce, distribute, or sell materials that exploit or even portray a minor child. In spite of the fact that the material may not...

How can someone be convicted of Prescription Fraud?

The California criminal jury instructions (CALJIC) outlines the elements required to convict a person for prescription forgery. CALJIC 12.05 states that: “In order to prove this crime, each of the following elements must be proved: 1. A person forged/altered/issued/uttered a form for the prescription of drugs; and 2. As forged/altered issued/uttered the prescription was for [a narcotic drug]. Alternatively, 1....

What is prescription forging?

Prescription forging is against the law. By definition, it is the illegal acquisition of pharmaceuticals for personal use or profit. Prescription fraud is committed in many ways, including but not limited to visiting multiple doctors to receive multiple prescriptions, and forging the prescription to increase the quantity. The biggest factor driving prescription fraud is increased abuse and addiction...

About Prescription Drug Abuse

Approximately 20% of Americans (according to The National Institute on Drug Abuse report) have used prescription drugs for non-medical purposes at some point in their lives. With the increased availability of prescription drugs over the internet, and the surprising increase in senior citizen trafficking of prescription drugs, combined with the high incidence of overdoses by users of illegally obtained...

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...