False Imprisonment Laws PENAL CODE 236 & 237 Criminal Defense Attorney

What is False Imprisonment in California?

The crime of False Imprisonment is found at California Penal Code Sections 236 & 237 PC. In order for the defendant to be found guilty of false imprisonment the prosecutor must show that:

1) The defendant intentionally restrained or confined another person by violence or threats of violence.
2) The defendant made the other person stay in the confined place or made the victim go somewhere without the victim's consent or without legal justification.

How much jail time can I get if I am charged with False Imprisonment (Penal Code 236)?

False Imprisonment can be charged as a felony or a misdemeanor in California. If the crime is charged as a misdemeanor the defendant can face up to a year in county jail. If the crime is charged as a felony the defendant can face up to 3 years in prison.

Closely related crimes to False Imprisonment include: 

Penal Code 237 PC, False Imprisonment with violence (Felony or misdemeanor with a maximum sentence of 3 years).

Penal Code 210.5 PC, False Imprisonment of a hostage (Felony with a maximum sentence of 8 years).

In addition to the maximum jail terms listed above, criminal convictions in general can have other severe consequences. Not all convictions carry the same consequences, but the list of possible consequence for criminal convictions include: Felony or misdemeanor probation sentence, fines, immigration consequences, employment loss, professional license revocation or denial, administrative hearings initiated (DMV and/or professional licensing hearings), increased insurance rates, civil lawsuits, mandatory registration requirement (for some sex crimes, drug crimes, arson crimes, and gang crimes), mandatory rehabilitation classes (for some domestic violence and child abuse type cases), restraining orders, loss of rights to own firearms (certain offenses), emotional stress on you and your family, and more.

What are my defenses to a charge of False Imprisonment in California (Penal Code 236 PC)?

There are too many defenses to the crime of False Imprisonment to list all of them here. Every case is different because the facts of every case are different. In general, it might be possible to reduce the False Imprisonment charge to a less severe charge, or it might be possible to reduce the amount of jail time associated with the False Imprisonment charge. 

For more information on defenses to criminal charges in general, including defenses to a charge of   False Imprisonment (Penal Code 236 PC), see Defenses to Crimes.

Without a doubt, the most important thing the defendant must if he or she is charged with a crime is to speak to an experienced criminal defense attorney without delay. 

To learn more about the crime of False Imprisonment and possible defenses to the crime of False Imprisonment visit CriminalDefense909.com today, or call 909.913.3138 to speak directly to an experience California Criminal Defense Attorney. Initial consultations are free and we offer consultations 24 hours a day 7 days a week.

909.913.3138 Call Today!

We also offer services in the following areas: 
Redlands Criminal Defense Attorney 
Fontana Criminal Defense Attorney 
Rialto Criminal Defense Attorney 
San Bernardino Criminal Defense Attorney 
Yucaipa Criminal Defense Attorney 
Rancho Cucamonga Criminal Defense Attorney 
Victorville Criminal Defense Attorney 
Ontario Criminal Defense Attorney 
Colton Criminal Defense Attorney 

Battery Laws California PENAL CODE 242 & 243.4 PC Criminal Defense Attorney

What is the definition of Battery in California?

California Battery laws can be found at penal code section 242 PC. In short, "Battery" is the unlawful application of force upon another person without consent or legal justification.

To prove that the defendant committed the crime of battery the prosecutor must prove beyond a reasonable doubt that:

1) The defendant willfully touched another person in a harmful manner (or offensive manner)
2) The victim suffered serious injury as a result of the harmful touching
3) The defendant did not act in self defense

Note 1: Reasonable force used in disciplining children does not constitute battery

Note 2: The "touching" does not have to be the actual touching of the victim. It is enough that the defendant "caused the victim to be touched in a harmful or offensive manner." For example: Swiping an object out of another person's hand without touching the person who is hold the object can constitute battery if the action is done in a manner that harmful or offensive to person holding the object.

How much jail time can I get if I am found guilty of the crime of battery Penal Code 242 PC?

The crime of battery is a misdemeanor in California (See Exception Below). If found guilty of the crime of battery (Penal Code 242 PC) the defendant faces up to 180 days in jail.

Note: There are many specific forms of battery charges which carry varying sentences and demand specific factual findings, these include the following extensive list:

Penal Code 243(b) PC, Battery of an officer or emergency personnel (misdemeanor battery-carries up to a 1 year sentence).
Penal Code 243(c)(1) PC, Battery of an custodial officer or emergency personnel with injury (Felony or Misdemeanor-carries up to a 3 year sentence).
Penal Code 243(c)(2) PC, Battery of a peace officer with injury (Felony or Misdemeanor-carries up to a 3 year sentence).
Penal Code 243(d) PC, Battery causing serious bodily injury (Felony or Misdemeanor-carries up to a 4 year sentence).
Penal Code 243(e)(1) PC, Battery of a spouse (Misdemeanor-carries up to a 1 year sentence).
Penal Code 243.1 PC, Battery against an officer (Felony-carries up to a 3 year sentence).
Penal Code 243.10 PC, Battery against a member of the U.S. armed forces (Misdemeanor-carries up to a 1 year sentence).
Penal Code 243.2(a) PC, Battery occurring at school (Misdemeanor-carries up to a 1 year sentence).
Penal Code 243.3 PC, Battery against public transit employee or passenger (Felony or Misdemeanor depending on injury-carries up to a 3 year sentence).
Penal Code 243.4 PC, Sexual Battery (Felony or Misdemeanor-carries up to a 4 year sentence).
Penal Code 243.4(a) PC, Sexual Battery by Restraint (Felony or Misdemeanor-carries up to a 4 year sentence).
Penal Code 243.4(b) PC, Sexual Battery of institutionalized victim (Felony or Misdemeanor-carries up to a 4 year sentence).
Penal Code 243.4(c) PC, Sexual Battery while victim unconscious (Felony or Misdemeanor-carries up to a 3 year sentence).
Penal Code 243.4(d) PC, Sexual Battery by forced masturbation (Felony or Misdemeanor-carries up to a 3 year sentence).
Penal Code 243.4(e)(1) PC, Sexual Battery (Misdemeanor-carries up to a 180 day sentence).
Penal Code 243.6 PC, Battery against a school employee with injury (Felony or Misdemeanor-carries up to a 3 year sentence).
Penal Code 243.65(a), Battery against a highway worker (Misdemeanor-carries up to a 1 year sentence).
Penal Code 243.7 PC, Battery against a juror (Felony or Misdemeanor-carries up to a 3 year sentence).
Penal Code 243.8(a) PC, Battery against a sports official (Misdemeanor-carries up to a 1 year sentence).

In addition to the maximum jail terms listed above, criminal convictions in general can have other severe consequences. Not all convictions carry the same consequences, but the list of possible consequence for criminal convictions include: Felony or misdemeanor probation sentence, fines, immigration consequences, employment loss, professional license revocation or denial, administrative hearings initiated (DMV and/or professional licensing hearings), increased insurance rates, civil lawsuits, mandatory registration requirement (for some sex crimes, drug crimes, arson crimes, and gang crimes), mandatory rehabilitation classes (for some domestic violence and child abuse type cases), restraining orders, loss of rights to own firearms (certain offenses), emotional stress on you and your family, and more.

What are my defenses to a charge of Battery in California (Penal Code 242 PC)?

There are too many defenses to the crime of Battery to list all of them here. Remember, every case is different because the facts of every case are different. In general, it might be possible to reduce the battery charge to a less severe charge, or it might be possible to reduce the amount of jail time. 

The most desired goal for the defendant is for a complete dismissal of the battery charges. This is possible in some circumstances where there is insufficient evidence to find the defendant guilty or where the prosecution can not proceed due to procedural problems such as crucial evidence which is suppressed at a suppression hearing, etc. Again, there are way too many defenses to discuss all of them here. 

For more information on defenses to criminal charges in general, including defenses to a charge of  battery (Penal Code 242 PC), see Defenses to Crimes.

Without a doubt, the most important thing the defendant must do first is to speak to an experienced criminal defense attorney without delay. 

To learn more about the crime of battery and possible defenses to the crime of battery visit CriminalDefense909.com today, or call 909.913.3138 to speak directly to an experience California Criminal Defense Attorney. Initial consultations are free. We offer consultations 24 hours a day 7 days a week.

We offer services in the following areas: 
Redlands Criminal Defense Attorney 
Fontana Criminal Defense Attorney 
Rialto Criminal Defense Attorney 
San Bernardino Criminal Defense Attorney 
Yucaipa Criminal Defense Attorney 
Rancho Cucamonga Criminal Defense Attorney 
Victorville Criminal Defense Attorney 
Ontario Criminal Defense Attorney 
Colton Criminal Defense Attorney 

 Information contained herein is not guaranteed to be accurate. The information contained herein is supplied as information purposes only. No attorney client relationship is created by use of this website/blog. If you are charged with a crime you should seek the advice of a criminal defense attorney without delay.

California Robbery Laws: Penal Code 211 PC Criminal Defense Attorney

What is considered "Robbery" in California (Penal Code Section 211 PC)?

Information on California Robbery Laws can be found at Penal Code Section 211 PC. Basically, Robbery occurs when a defendant takes the personal property of another by force, force, or intimidation, and without any legal justification. The "taking" must also occur in the presence of the victim to constitute robbery. 

To prove the defendant has committed Robbery, or a violation of California penal code section 211 pc, the district attorney must show that:

1) The defendant took property that did not belong to him,
2) The property was taken from the immediate presence of another person,
3) The property was taken against the other person's will,
4) The defendant took the property while using force, fear, or intimidation.
5) The defendant did not intend to return the property.

Note 1: The defendant must have had the intent to deprive the person who possessed the property permanently at the time of the taking. In another words, if the defendant only intended to temporarily deprive the person on the property at the time of the taking but then later decided not to return the property then the crime of robbery has not occurred. 

Note 2: The "taking" of the property occurs when the property is moved any distance at all. For example: If a purse snatcher grabs a purse but immediately drop the purse he is still liable for robbery because the purse moved by his action during the robbery.

Note 3: "possession" of the property does not mean that the victim has to be touching the property. It merely means that the property is within very close proximity and in the immediate presence of the victim.

How much prison time can I get if I am charged with robbery (Penal Code 211 PC)?

In California, Robbery (Penal Code 211 PC) is charged as a felony. If convicted of the charge of Robbery, the defendant will face up to five years prison. The crime of robbery is considered a serious and violent felony and is therefore considered a "strike" in California. 

In addition, the charge of robbery often comes in "degrees. " For first degree robbery the defendant can face up to six years in prison. Furthermore, the crime of robbery can be charged in different way depending on the facts of the case. For example:

Penal Code Section 212.5(a) First Degree Robbery (Residential) up to six years in prison.
Penal Code Section 212.5(b) First Degree Robbery (at an ATM) up to six years in prison
Penal Code Section 212.5(c) Second Degree Robbery up to five years in prison
Penal Code Section 213(a)(1)(A) First Degree Robbery in concert (Residential) up to nine years in prison
Penal Code Section 213(a)(1)(B) First Degree Robbery up to six years in prison
Penal Code Section 213(a)(2) Second Degree Robbery
Penal Code Section 213(b) Attempted Robbery up to three years in prison
Penal Code Section 214 (Train Robbery) up to three years in prison
Penal Code Section 215(a) (Carjacking) up to nine years in prison

In addition to the maximum jail terms listed above, criminal convictions in general can have other severe consequences. Not all convictions carry the same consequences, but the list of possible consequence for criminal convictions include: Felony or misdemeanor probation sentence, fines, immigration consequences, employment loss, professional license revocation or denial, administrative hearings initiated (DMV and/or professional licensing hearings), increased insurance rates, civil lawsuits, mandatory registration requirement (for some sex crimes, drug crimes, arson crimes, and gang crimes), mandatory rehabilitation classes (for some domestic violence and child abuse type cases), restraining orders, loss of rights to own firearms (certain offenses), emotional stress on you and your family, and more.

What are my defenses to a charge of Robbery in California (Penal Code 211 PC)?

There are too many defenses to the crime of Robbery to effectively list all of them in this blog. And remember, every case is different because the facts of every case are different. However, in general, it might be possible to reduce the robbery charge to a less severe charge, or it might be possible to reduce the amount of jail time (Probation is possible in unique circumstances for robbery convictions). 

The most desired goal for the defendant is for a complete dismissal of the Robbery charges. This is possible in some circumstances where there is insufficient evidence to find the defendant guilty or where the prosecution can not proceed due to procedural problems such as crucial evidence which is suppressed at a suppression hearing, or where the stature of limitations  to charge the robbery offense has run. Again, there are way too many defenses to discuss all of them in this blog. 

For more information on defenses to criminal charges in general, including defenses to a charge of  robber (Penal Code 211 PC), see Defenses to Crimes.

Without a doubt, the most important thing the defendant must do first is to speak to an experienced criminal defense attorney without delay. 

To learn more about the crime of robbery and possible defenses to the crime of robbery visit CriminalDefense909.com today, or call 909.913.3138 to speak directly to an experience California Criminal Defense Attorney. Initial consultations are free and we offer consultations 24 hours a day 7 days a week.

We offer services in the following areas: 
Redlands Criminal Defense Attorney 
Fontana Criminal Defense Attorney 
Rialto Criminal Defense Attorney 
San Bernardino Criminal Defense Attorney 
Yucaipa Criminal Defense Attorney 
Rancho Cucamonga Criminal Defense Attorney 
Victorville Criminal Defense Attorney 
Ontario Criminal Defense Attorney 
Colton Criminal Defense Attorney 

Torture Laws California (Penal Code 206 PC) Criminal Defense Attorney

What is the crime of "Torture" in California (Penal Code Section 206 PC)?

Information on California Torture Crimes can be found at Penal Code Section 206 PC. In short, "Torture" is the act of causing great bodily injury to another with the specific intent to do so.

To prove the defendant has committed Torture, or a violation of penal code 206 pc, the prosecutor must prove that:

1) The defendant actually inflicted great bodily injury to someone else, and
2) While inflicting the injury to someone else, the defendant intended to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose.

Note 1: "Great bodily injury" is an injury greater than minor harm.

Note 2: "Sadistic purpose" means that the defendant tortured the victim in order to experience pleasure himself.

Note: The crime of torture (Penal Code 206) is complete if all of the elements listed above are proved by the prosecutor. It does not matter if the defendant did not actually inflict any suffering or pain on the victim.

How much jail time will I get if I am charged with torture (Penal Code 206)?

In California, Torture (Penal Code 206 PC) is always charged as a felony. If convicted of the crime of torture the defendant will face up to life in prison. The crime of torture is considered a "strike" in California. If the victim dies as a result of the torture the defendant can face the death penalty under California Penal Code Section 190.2(a)(18).

In addition to the maximum jail terms listed above, criminal convictions in general can have other severe consequences. Not all convictions carry the same consequences, but the list of possible consequence for criminal convictions include: Felony or misdemeanor probation sentence, fines, immigration consequences, employment loss, professional license revocation or denial, administrative hearings initiated (DMV and/or professional licensing hearings), increased insurance rates, civil lawsuits, mandatory registration requirement (for some sex crimes, drug crimes, arson crimes, and gang crimes), mandatory rehabilitation classes (for some domestic violence and child abuse type cases), restraining orders, loss of rights to own firearms (certain offenses), emotional stress on you and your family, and more.

What are my defenses to a charge of torture in California (Penal Code 206)?

There are too many defenses to the crime of torture to effectively list all of them in this blog. In general, it might be possible to reduce the torture charge or the amount of jail time (Probation is possible in unique circumstances. 

The most desired goal for the defendant is for a complete dismissal of the torture charges. 

For more information on defenses to criminal charges in general, including defenses to a charge of torture (Penal Code 206 PC), see Defenses to Crimes.

Without a doubt, the most important thing the defendant must do first is to speak to an experienced criminal defense attorney without delay. 

To learn more about the crime of torture and possible defenses to the crime of torture visit CriminalDefense909.com today, or call 909.913.3138 to speak directly to an experience California Criminal Defense Attorney. Initial consultations are free and we offer free consultations 24 hours a day 7 days a week.

We offer services in the following areas: 
Redlands Criminal Defense Attorney 
Fontana Criminal Defense Attorney 
Rialto Criminal Defense Attorney 
San Bernardino Criminal Defense Attorney 
Yucaipa Criminal Defense Attorney 
Rancho Cucamonga Criminal Defense Attorney 
Victorville Criminal Defense Attorney 
Ontario Criminal Defense Attorney 
Colton Criminal Defense Attorney 

California Conspiracy Laws PENAL CODE 182 PC Criminal Defense Attorney San Bernardino County

What is "Conspiracy" in California (Penal Code Section 182 PC)?

Information on California Conspiracy Law can be found at Penal Code Section 182 PC. In short, "Conspiracy" is an agreement between two or more person to commit a crime.

In order for the prosecution to prove the defendant has committed a violation of penal code 182 pc, he must prove that:

1) There was an agreement between two or more person and that the agreement was to commit a crime
2) The conspirators intended to agree AND the conspirators intended to commit the crime
3) At least one of the conspirators made an "overt act" towards completion of the crime
4) The "overt act" was a substantial step towards completing the target crime (The "target crime" is the crime that the conspirators agreed to commit).

Examples of what constitutes an "overt act" is limited only by one's imagination. For example, an overt act to the crime of conspiracy to commit murder might be the purchase of a weapon that matched the type of weapon described in the conspiracy.

Note: The crime of conspiracy (Penal Code 182) is complete if all of the elements listed above are proved by the prosecutor. It does not matter if the target offense was actually committed.

How much jail time will I get if I am charged with Conspiracy (Penal Code 182)?

In California, Conspiracy can be charged as a misdemeanor or a felony. Basically, if the target crime of the conspiracy is a misdemeanor then the charge will be for misdemeanor conspiracy. If the target crime of the conspiracy is a felony then the conspiracy charge will be for a felony.

For example, conspiracy to commit the crime of petty theft (petty theft in California is usually charged as a misdemeanor) will be charged as a misdemeanor conspiracy to commit petty theft. On the other hand, conspiracy to commit murder (murder is charged as a felony in California) will be charged as a felony conspiracy to commit murder.

If the conspiracy charge is filed as a misdemeanor then the defendant can face up to a year in county jail. If the conspiracy charge is filed as a felony then the defendant will face the same amount of time as listed for the target offense (the target offense is the crime that the conspirators were agreeing to commit).

For example, conspiracy to commit felony receipt of stolen property will subject the defendant to four years of possible jail time because the crime of receipt of stolen property carries that same punishment maximum (Remember: this applies even  if the target offense is never committed).

There are several unique conspiracy charges in California law. These unique charges carry slightly different sentencing maximums than the sentencing structure already discussed for a simple penal code 182 charge. These include: Conspiracy to falsely indict another (Penal Code 182(a)(2), which carries a maximum sentence of three years; Conspiracy to move any suit or proceeding (Penal Code 182(a)(3), which carries a maximum sentence of three years; Conspiracy to cheat or defraud property (Penal Code 182(a)(4), which carries a maximum sentence of three years; Conspiracy to commit an act injurious to the public (Penal Code 182(a)(5), which carries a maximum sentence of three years; and, Conspiracy to commit a crime against a public official (Penal Code 182(a)(6), which carries a maximum sentence of nine years.

In addition to the maximum jail terms listed above, criminal convictions in general can have other severe consequences. Not all convictions carry the same consequences, but the list of possible consequence for criminal convictions include: Felony or misdemeanor probation sentence, fines, immigration consequences, employment loss, professional license revocation or denial, administrative hearings initiated (DMV and/or professional licensing hearings), increased insurance rates, civil lawsuits, mandatory registration requirement (for some sex crimes, drug crimes, arson crimes, and gang crimes), mandatory rehabilitation classes (for some domestic violence and child abuse type cases), restraining orders, loss of rights to own firearms (certain offenses), emotional stress on you and your family, and more.

What are my defenses to a charge of conspiracy in California (Penal Code 182)?

There are too many defenses to the crime of conspiracy to effectively list all of them in this blog. In general, it might be possible to reduce the conspiracy charge or the amount of jail time (if the charge can not be reduced). The most desired goal is for a complete dismissal of the criminal charges.

For more information on defense to criminal charges in general, including defense to a charge of conspiracy (Penal Code 182 PC), see Defenses to Crimes.

Without a doubt, the most important thing the defendant must do first is to speak to an experienced criminal defense attorney without delay. CALL 909.913.3138 to speak to a criminal defense attorney today!

To learn more about the crime of conspiracy and possible defenses to the crime of conspiracy (California Penal Code Section 182 PC) visit CriminalDefense909.com today, or call 909.913.3138 to speak directly to an experience California Criminal Defense Attorney. Initial consultations are free and we offer consultations 24 hours a day 7 days a week.

We offer services in the following areas: 
Redlands Criminal Defense Attorney 
Fontana Criminal Defense Attorney 
Rialto Criminal Defense Attorney 
San Bernardino Criminal Defense Attorney 
Yucaipa Criminal Defense Attorney 
Rancho Cucamonga Criminal Defense Attorney 
Victorville Criminal Defense Attorney 
Ontario Criminal Defense Attorney 
Colton Criminal Defense Attorney