California Penal Codes

California Penal Codes | Legal Definitions and Potential Penalties 

Dod Ghassemkhani, a criminal defense attorney serving San Diego and Orange County, has been practicing in the criminal justice system since 2004. Recognized as an award-winning attorney, Dod is dedicated to providing compassionate representation to his clients. At Dod Law, we understand that a lapse in judgment should not define you, and mistakes should not determine your future. We are committed to helping you navigate California’s criminal penal codes and advocating for your rights and freedoms. Contact us today to learn how we can assist you in defending against criminal charges and protecting your future.  Learn more about California penal codes.

In California, criminal laws are primarily codified in the California Penal Codes. These laws cover a wide range of criminal offenses, penalties, and procedures for prosecution. Below are some key sections of the California Penal Code that address various criminal activities:

DUI in California | California Penal Codes

The California Penal Code includes various sections related to driving under the influence (DUI) offenses. Below are some key sections related to DUI in California:

California Vehicle Code Section 23152(a)
This section states that it is unlawful for a person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

California Vehicle Code Section 23152(b)
This section makes it illegal for a person who has a blood alcohol concentration (BAC) of 0.08 percent or more to drive a vehicle.

California Vehicle Code Section 23153
This section deals with DUI causing injury. It states that it is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

California Vehicle Code Section 23154
This section pertains to DUI by persons under 21 years of age. It makes it illegal for a person under 21 years of age to drive a vehicle with a BAC of 0.05 percent or greater.

California Vehicle Code Section 23536-23548
These sections outline the penalties for DUI offenses, including fines, license suspension or revocation, mandatory alcohol education programs, and possible imprisonment.

These are some of the key sections of the California Penal Code related to DUI offenses. It’s important to note that DUI laws can be complex and can vary depending on the circumstances of each case, so it’s advisable to consult with a legal professional for specific advice or representation.  Dod Law will help you fight for your rights and freedoms.

Domestic Violence | Domestic Battery | California Penal Codes

Domestic Violence Definition

Domestic violence charges fall under two main penal codes: Corporal Injury on a Spouse PC 273.5(a) and Domestic Battery PC 243(e)(1)

Corporal Injury on a Spouse, Co-Habitant, Dating Relationship, Fellow Parent PC 273.5(a)

Corporal Injury on a Spouse, Co-Habitant, Dating Relationship, Fellow Parent Under California Penal Code Section 273.5(a), it is a crime to inflict a corporal injury on a spouse or former spouse, cohabitant, fiancée or former fiancée, one with whom the accused has or used to have a dating relationship, or the father or mother of the accused’s child.  In order to be found guilty, a person must willfully inflict a physical injury on an intimate partner and as a result, it caused a “traumatic condition” to the victim.

Many people think that a traumatic condition means that the alleged victim must go to the hospital or sustain a very serious life-threatening injury.  This is not the case.  Under the law, a traumatic condition is an injury, whether minor or serious, caused by the accused.

Domestic Battery PC 243(e)(1)
 Under PC 243(e)(1), it is illegal to commit an unlawful touching that is harmful or offensive against a spouse or former spouse, cohabitant, fiancée or former fiancée, one with whom the accused has or used to have a dating relationship, or a fellow parent.  This offense does not require the victim to sustain any type of injuries; the prosecution does not have to prove any injuries.  This means that if you willfully use force that is rude or offensive against an intimate partner, then you can be facing charges of domestic battery.

Criminal or Terrorist Threats PC 422
PC 422 is another charge that often is associate with domestic violence. It is unlawful to threaten to kill or physically harm someone with the specific intent that the statement is taken as a threat.  The alleged victim must be in sustained fear for his/her safety, the threat must be specific, and the threat must have been communicated verbally, in writing or via an electronically transmitted device.

Domestic Battery, PC 243(e)(1)
Facing charges of domestic battery can have serious consequences and retaining strong legal representation will help. Domestic battery charges are commonly filed in addition to other domestic violence crimes. It is not recommended that you choose to face these charges alone, hire an aggressive criminal defense lawyer to fight on your behalf.

What is Domestic Battery?

California’s Penal Code 243(e)(1) PC domestic battery is defined as:

• Purposefully and unlawfully touching someone else in an either harmful or offensive manner, and
• The act was committed by the defendant’s: Current or ex-spouse, Current or ex-fiancée, Current or ex-partner (that they used to have a dating/romantic relationship with), or The mother or father of the defendant’s child.

Drug Crimes | Drug Possession | Drug Charges | California Penal Codes

Legal Definitions and potential penalties associated with the most common drug crimes:

Possession of Methamphetamine 

Health and Safety Code Section 11377
It is a crime to possess methamphetamine in a useable amount.  In November 2014, Proposition 47 mandates that this crime can only be charged as a misdemeanor.  The maximum penalty is up to 1 year in jail and a fine of up to $1000.  However, depending on the facts of your case and criminal history (if any), you may be able to qualify for beneficial programs such as drug diversion PC 1000, Prop 36 or Drug Court.

Possession of Controlled Substances

Health and Safety Code Section 11350
Under Proposition 47, it is a misdemeanor to be in possession of cocaine, heroin, ecstasy, GHB, certain prescription drugs if you don’t have a prescription such as Vicodin, oxycodone, etc.  Prior to Proposition 47, possession of cocaine was a felony.  But, now, it is considered a misdemeanor.   This means that the maximum penalty is up to 1 year in jail and a fine of up to $1000 not including penalty assessments.  Depending on the facts of your case and criminal history (if any), you may be able to qualify for drug diversion PC 1000, Prop 36 or Drug Court.  Also, if you were previously convicted of a felony HS 11350, you may be eligible to be resentenced to a misdemeanor under Proposition 47.

Possession of Controlled Substances for Sale | California Penal Codes

Health and Safety Code Section 11351, 11378
Under California law, possession of controlled substances for sale is a felony.   It is not a wobbler which means that it is not capable of being reduced to a misdemeanor.  In addition, possession of controlled substances for sale does not qualify for drug diversion PC 1000, Prop 36 or Drug Court.  It is much more serious than simple possession of drugs.  This drug crime alone carries very harsh consequences in that you could face up to two, three or 4 years in prison and a fine of up to $20,000 if convicted.  If you are convicted of actually selling a controlled substance in violation of HS 11352, then you are facing up to three, four or five years in state prison and a fine of up to $20,000 if convicted.

Sentencing laws are complex when it pertains to drug crimes.  There are other factors that can increase your potential punishment such as: whether you have a prior felony drug conviction (aside from possession), the type of drug involved, the amount of drugs in question, etc.  A prior felony drug conviction, aside from possession, imposes an additional three years to your sentence.

Manufacturing Drugs and Narcotics

Health and Safety Code Section 11379.6
Pursuant to HS 11379.6, it is a felony to manufacture, compound, convert, produce, derive, process or prepare a controlled substance.  A violation of HS 11379.6 imposes a significantly harsh penalty in that you are facing three, five or seven years in prison and a fine up to $50,000 if convicted.  The potential punishment can even be more severe depending on certain variables including whether children were near the location, a large amount of drugs were involved in the process, or if someone is killed and/or injured.

Under the Influence of a Controlled Substance

Health and Safety Code Section 11550(a))

Under California law, it is a misdemeanor to use or to be under the influence of a controlled substance such as methamphetamine, cocaine, heroin, ecstasy, etc.  In addition, if you do not have a valid prescription, you could be convicted of this crime if you are under the influence of certain prescription drugs such as Xanax, Vicodin, oxycodone, etc.  The sentencing enhancement increases depending on whether you have one or more prior convictions of this crime.  The maximum punishment is up to one year in county jail and a fine of up to $1000.  Depending on the facts of your case and criminal history (if any), you may be able to qualify for beneficial programs such as drug diversion PC 1000, Prop 36 or Drug Court.

Hit-and-Run – California Penal Codes

Legal Definitions and potential penalties associated with the most common hit-and-run charges.

Hit-and-run offenses in California are covered under various sections of the California Penal Code, particularly under the California Vehicle Code. Here are some key sections related to hit-and-run offenses:

California Vehicle Code Section 20001
This section deals with hit-and-run causing injury or death. It states that the driver of a vehicle involved in an accident resulting in injury to any person other than themselves, or in the death of any person, must immediately stop the vehicle at the scene of the accident and fulfill certain requirements, such as providing aid to the injured person and exchanging information with other involved parties.

California Vehicle Code Section 20002
This section pertains to hit-and-run involving property damage. It states that the driver of a vehicle involved in an accident resulting only in damage to property, including vehicles, must immediately stop the vehicle at the scene of the accident and fulfill certain requirements, such as providing contact and insurance information to the owner of the damaged property or leaving a note with this information if the owner is not present.

California Vehicle Code Section 20003
This section specifically addresses hit-and-run resulting in injury or death and pertains to the duties of the driver to provide reasonable assistance to any injured person, including transporting or making arrangements for transportation to medical care.

California Vehicle Code Section 20004|
This section pertains to hit-and-run resulting in injury or death and specifies additional duties of the driver, including reporting the accident to law enforcement and providing identification and contact information to any investigating officer.

Penalties for hit-and-run offenses in California can vary depending on factors such as the severity of the accident, whether it resulted in injury or death, and whether the driver was under the influence of alcohol or drugs at the time of the incident. These penalties can include fines, imprisonment, and suspension or revocation of driving privileges.

It’s important to note that hit-and-run offenses are serious criminal offenses in California and can result in severe consequences. If you are involved in an accident, it is crucial to remain at the scene, provide assistance as necessary, and comply with legal requirements. If you are facing charges related to a hit-and-run offense, it is advisable to seek legal representation from a qualified attorney.

Violent Crimes

In California violent crimes are addressed under various sections that encompass offenses involving physical harm, force, or threat of force against individuals or property. Here are some key sections related to violent crimes in California:

Homicide
Sections 187-199 covers various forms of homicide, including murder, manslaughter, and vehicular manslaughter.

Assault and Battery
Sections 240-248 encompass assault and battery offenses, which involve unlawful attempts or acts of force or violence upon another person.

Robbery
Section 211 defines robbery as the unlawful taking of personal property from another person’s immediate possession, accomplished by force or fear.

 Rape and Sexual Assault
Sections 261-269 cover offenses related to rape, sexual assault, sexual battery, and other forms of non-consensual sexual activity.

Domestic Violence
Section 273.5 addresses domestic violence, which involves acts of physical harm or threats of harm against intimate partners or family members.

 Kidnapping
Sections 207-210 encompass offenses related to kidnapping, which involves the unlawful abduction or confinement of another person against their will.

Arson
Sections 451-457 cover arson offenses, which involve the willful and malicious burning of property, structures, or land.

 Carjacking
Section 215 defines carjacking as the unlawful taking of a motor vehicle from another person’s immediate presence, accomplished by force or fear.

 Terrorism
Sections 11400-11419 encompass offenses related to terrorism, including threats, hoaxes, and acts intended to cause mass casualties or significant harm.

Elder Abuse and Child Abuse
Sections 368 and 11165-11174 address offenses involving the abuse, neglect, or exploitation of elderly individuals or children.

Sex Crimes

Sex crimes in California are addressed under various sections of the California Penal Code. These laws cover a wide range of offenses involving sexual misconduct, exploitation, and abuse. Here are some key sections related to sex crimes in California:

Rape
Sections 261-262 cover rape, which is defined as non-consensual sexual intercourse accomplished by force, fear, duress, or intoxication.

Sexual Battery
Section 243.4 defines sexual battery as the intentional and unlawful touching of intimate body parts of another person for sexual arousal, gratification, or abuse.

Lewd Acts with a Minor
Section 288 covers lewd or lascivious acts with a child under the age of 14, including any touching of the child’s body for sexual purposes.

Statutory Rape
Section 261.5 addresses statutory rape, which involves sexual intercourse with a minor who is not legally able to consent due to age.

Sexual Assault
Sections 261-269 cover various forms of sexual assault, including assault with intent to commit rape and sexual penetration with a foreign object.

Child Pornography
Sections 311-313.5 address offenses related to child pornography, including production, distribution, possession, and viewing of sexually explicit material involving minors.

Indecent Exposure
Section 314 defines indecent exposure as the willful exposure of one’s genitals in a public place with the intent to sexually arouse or offend others.

Prostitution and Solicitation
Sections 647(b) and 653.22 cover prostitution-related offenses, including engaging in prostitution, soliciting prostitution, and loitering for the purpose of prostitution.

Sexual Harassment
Section 51.9 addresses sexual harassment in business, service, or professional relationships, including situations where there is a power imbalance between the parties.

 Human Trafficking
Sections 236.1-236.91 cover offenses related to human trafficking, including sex trafficking and labor trafficking.