California Cracking Down on Unauthorized Practice of Law (Business and Professions Code Section 6126)
California Cracking Down on Unauthorized Practice of Law (Business and Professions Code Section 6126) Immigrants are among the groups of people most frequently targeted by con artists and scammers. Recently, people pretending to be lawyers have taken advantage of the anxious state of immigrants. Posing as attorneys, these people claim they can help with immigration issues, bilking their “clients” out of money and providing no legal services at all. That…
Read More
Domestic Battery and Gun Rights (PC 243(e)(1))
Domestic Battery and Gun Rights (PC 243(e)(1)) A domestic battery conviction could lead to harsh penalties. If you are convicted of domestic battery under PC 243(e)(1), you face up to 364 days in county jail and fines of up to $2,000. You may also be required to complete a batterer’s class. Additionally, you will lose your right to possess, own or purchase a firearm. Let’s take a closer look how…
Read More
Is It Illegal to Shoot a BB Gun in California? (PC 246.3)
Is It Illegal to Shoot a BB Gun in California? (PC 246.3) “You’ll shoot your eye out, kid.” Every holiday season, you can’t turn on your TV without hearing that warning from Santa Claus to Ralphie in the classic movie, A Christmas Story. All Ralphie wanted from Santa was “an official Red Ryder carbine action, two hundred shot range, model air rifle.” People usually think of BB guns like the…
Read More
How the Fourth Amendment Impacts Your DNA Rights
How the Fourth Amendment Impacts Your DNA Rights In 2006, Daniel Marquez was arrested in Ventura County for an alleged drug possession offense. His DNA sample was collected four days later without a warrant and without his consent. In 2008, Orange County investigators obtained DNA evidence from a robbery that matched Marquez’s DNA profile in the database. Marquez, who was on felony probation at that time, had voluntarily provided this…
Read More
Is Domestic Battery a Felony or a Misdemeanor? (PC 243(e)(1))
Is Domestic Battery a Felony or a Misdemeanor? (PC 243(e)(1)) If you willfully commit a harmful or offensive touching on a significant other, roommate, child, family member or cohabitant, you could be charged with domestic battery under California Penal Code Section 243(e)(1). Will you be facing misdemeanor or felony charges if you are accused of domestic battery? Our skilled domestic battery attorneys have been successfully defending clients charged under PC…
Read More
The 4 Most Common Mistakes Defendants Make in Criminal Cases
The 4 Most Common Mistakes Defendants Make in Criminal Cases Our skilled criminal defense attorneys have been successfully defending clients facing criminal charges for more than 40 years. When a client hires Wallin & Klarich, we advise them on how best to handle their case. But sometimes, clients do not listen to our advice and make mistakes. Here are the four most common mistakes defendants make in criminal cases so…
Read More
The Elements Required to Add a Gang Enhancement to Your Sentence (PC 186.22(b))
The Elements Required to Add a Gang Enhancement to Your Sentence (PC 186.22(b)) Fear of gang violence across California in 1988 led to the passage of the Street Terrorism Enforcement and Prevention Act. Known as the “STEP Act,” this law determined that a person who engaged in specific crimes as a gang member or helped a gang member engage in certain crimes would not only be sentenced for the crime…
Read More
Is It a Crime to Text Someone to Commit Suicide?
Is It a Crime to Text Someone to Commit Suicide? Without context, jokes can take on a completely different meaning. To the wrong eyes, a conversation between two friends can appear to be angry, repulsive and downright mean-spirited. The same is true of conversations that are not jokes, but attempts to help persons stuck in difficult emotional or medical circumstances. This was the case of Michelle Carter, a Massachusetts woman…
Read More
Is a Hate Crime a Felony? (PC 422.55)
Is a Hate Crime a Felony? (PC 422.55) In California, a criminal act committed against another person that is motivated by prejudice against certain characteristics of that person is considered a hate crime. Under California Penal Code Section 422.55, those characteristics include the alleged victim’s: Race or ethnicity Nationality Sexual orientation Religion Gender Disability, or Association with a person or group with one or more of these actual or perceived…
Read More
Can Verbal Abuse Be Elder Abuse? (PC 368)
Can Verbal Abuse Be Elder Abuse? (PC 368) Most people know that elder abuse is a crime in California. However, many people do not fully understand the crime of elder abuse under California Penal Code Section 368. When you think of elder abuse, you may think of physical abuse of an elderly person or taking advantage of an elderly person for financial gain. However, there is much more covered under…
Read More