Large Capacity Magazines, California Penal Code § 32310, and “Freedom Week”
Many people know that large capacity magazines are illegal in California. However, what many people may be unaware of are the caveats and history that affect the ownership and possession of “large capacity” magazines. California Penal Code § 32310 involves the importation, manufacture, and now possession of large capacity magazines. California Penal Code § 32310 is a “wobbler” meaning that it can be charged as either a misdemeanor or felony, in application it is often charged as a felony which can have massive implications on an individual’s rights. The law makes it illegal to import magazines that hold more than …
Understanding Child Molestation Charges
The crime “child molestation” is often thought of as the worst crime a person can commit. Many people who commit crimes like DUI, burglary, and even murder are viewed as redeemable by society – that grace is not often extended to people accused of child molestation.
“Child molestation” is actually not a crime itself – it refers to a group of sexual offenses committed against children. It is a broad category and includes a variety of specific crimes. This is significant, because each of these offenses carry with them specific elements of the crime that must be met. Importantly, …
California Penal Code § 647(a), Lewd Conduct in Public
It a misdemeanor crime to engage in lewd conduct in public, or to solicit someone to do lewd conduct in public under California Penal Code § 647(a). Both crimes have nearly similar elements except for soliciting involves an individual requesting someone else do the lewd conduct instead of the individual performing it directly themselves.
According to CALCRIM 1161, to prove that someone is guilty of lewd conduct in public the prosecution must prove that:
1. The defendant willfully engaged in the touching of their own, or another person’s, genitals or buttocks, or (female) breast.
2. The defendant did so with …
Does California Have a Romeo & Juliet Law?
Why Some States Allow for an Exception to Statutory Rape Laws
Among Shakespeare’s most well-known plays, Romeo and Juliet is a story about two teenagers who fall in love despite their relationship being forbidden by their families. The name of this play has been adopted to describe legislation across the United States that allows some exceptions to some states’ statutory rape laws. Below are the answers to commonly-asked questions about close-in-age exemptions and California statutory rape laws.
If you have been accused of or charged with a sex crime in California, such as statutory rape, we strongly encourage you …
Is Sexting a Crime in California?
When Sending Sexually Explicit Texts Is a Crime
Sexting or sending and receiving sexually explicit text messages is not always unlawful, but it can be in California. It is against the law to possess a video or photo of a person who is under the age of 18. Additionally, it is illegal to attempt to seduce a minor or send threatening or harassing messages. Depending on the message and the age of the parties, a sext could result in serious criminal penalties.
At Chastaine Jones, we represent individuals who have been charged with sex crimes in California. Our lawyers work …
What You Need to Know About Owning and Possessing Firearms in California
There has been a lot of news lately regarding the ownership and possession of firearms in the United States. The US Supreme Court has been addressing the issues of when you can and cannot carry firearms and what kind of guns you may legally own. Despite what many people believe, you have a constitutional right to own a firearm – even in California. As of 2021, according to the California Department of Justice, there is an estimated 19.8 million legally owned firearms in California. This does not include non-registered guns.
However, it is important to note that there are pretty …
What the District Attorney Does Not Want you to Know about a DUI
You Can Fight a DUI Allegation
The prosecutor and the police would have you believe that a DUI is a cut and dry crime. They want you to believe that the best thing is to rely on the system, give up the rights guaranteed to you by the Constitution and plead guilty. This is simply not true!
The fact is, there are many inappropriate arrests and mistakes are often made. Many people who are accused of DUI can successfully fight it, sometimes without even going to court.
When people come before the court without an attorney, they are at a …
Indecent Exposure
You may have heard someone claim they ended up on the sex registry because they got caught peeing in public – be it during a long road trip or after a wild night on the town. But, does this actually happen?
Penal Code section 314 criminalizes “indecent exposure.” Indecent exposure is typically charged as a misdemeanor, but may, in some cases, be charged as a felony. If convicted of a misdemeanor violation, you face up to a year in jail. Perhaps most significantly, an indecent exposure conviction is a Tier I offense, requiring 10 years of registering as a sex …
What is Plea Bargaining and Is it a Good Option for Me?
Plea Bargains in California
If you have been charged with a crime in California, you may be presented with a plea bargain at some point during your case. A plea bargain may be the result of negotiations between two parties or might be due to weaknesses in the prosecution’s case. Either way, a plea bargain should not be accepted unless it has been reviewed by an experienced attorney.
At Chastaine | Jones, we represent individuals who have been charged with criminal offenses throughout Gold River and Sacramento County. Our experienced legal team can help protect your rights and ensure you …
Arraignments within 48 Hours No Exceptions – New AB61 Passes out of Committee.
In California, if a person is arrested on Friday night, or a weekend, they can be held for more than the required 48 hours before they are brought to court. A new law would change this.
Arraignment is a legal proceeding in which a defendant appears before a judge to hear the charges against them and enter a plea of guilty, not guilty, or no contest. In California, arraignments are typically held within 48 hours of an arrest, although this timeline can vary depending on the circumstances.
During the arraignment, the judge informs the defendant of their constitutional rights, such …