Penal Codes

There are certain crimes, such as burglary or assault, which have existed from the time when prisons first came into existence. Some crimes, however, have only recently evolved with the onset of advanced technology. Identity theft, for example, has become a huge problem in California due to the relative ease in which personal information can now be obtained. Unfortunately for those charged with the crime, the consequences are harsh, so it’s imperative to understand everything that they are facing.

What is Identity Theft?

Identity theft can involve various crimes and charges. Willfully obtaining another’s personal information to use in an unlawful manner without the individual’s consent, for instance, constitutes identity theft. This includes any type of fraud which an individual may commit. In fact, even providing or selling another person’s personal information with the intent to defraud can be charged as identity theft.

It’s important to note that an actual intent to defraud isn’t even necessary to constitute identity theft. Simply selling or transferring an individual’s personal information while knowing that it will be used in a fraudulent manner is considered a crime. Any of these actions will result in identity theft and possibly other charges, so the first step should be to get in touch with a reputable bail bondsman who can begin working for your release.

Bail for Identity Theft

Bail amounts for identity theft can vary widely between counties and even within a certain region. In San Diego County, for instance, the bail schedule sets a $50,000 bail for those charged with this crime. Additionally, an individual with a prior conviction will be given a $40,000 bail amount if they even have another person’s information and intend to use it fraudulently.

Several California county bail schedules don’t specifically refer to identity theft, but the underlying crimes will often decide what bail a person faces. In Los Angeles County, for instance, felonies related to credit cards have a preset bail of $20,000. Luckily, in California the law puts a maximum of 10 percent of the face amount for agencies posting security bonds for a person’s release.

Penalties for Identity Theft

The penalties related to identity theft are varying and serious. This crime is known as a “wobbler,” meaning that it can be charged as either a misdemeanor or a felony. This choice is made by the prosecutor. A person convicted of a misdemeanor can face a year in jail and a $1,000 fine. This punishment, however, is amongst the most lenient.

A person convicted of felony identity theft can face three years in prison and fines of up to $10,000. Additionally, multiple charges of identity theft can be filed on an individual who used another’s personal information on numerous occasions. Even worse is the fact that several other crimes, such as credit card fraud and Internet fraud, can be charged as well if they were part of the identity theft.

Sadly, identity theft seems to be a problem that isn’t going away any time soon. For those accused of the crime, a long road of difficulty may lay ahead. There are several defenses to this allegation, and an individual with competent legal help may stand a good chance of being exonerated. The important thing is to quickly speak with an attorney and start building a defense to avoid the harsh repercussions related to a conviction.

Anyone who has been charged with breaking the law in California can attest to the fact that the ‘Golden State’ is tough on crime. When it comes to heinous crimes, however, none are treated more seriously than that of murder. Anyone charged with murder knows that they are in dire straits, but it’s important to note that a murder charge doesn’t automatically equate to a conviction. Anyone charged with this crime, however, definitely needs to know what they’re up against.

Definition of Murder

Reason should dictate that, if there were any laws that should be complex by necessity, it’s those related to murder. While these laws are complex, however, the crime does still maintain a basic definition: unlawfully killing another human being or an unborn fetus with malice aforethought. Several types of killing are considered “unlawful,” but malice aforethought must be shown by the deliberate killing of a person, or by a deliberate action whose consequence is likely to be the death of another.

Murder Laws 

Types of Murder Charges:

1. First-degree murder can be charged against a person who willfully premeditates and carries out a killing. Additionally, lying in wait, using a destructive device (including poison, bombs and armor piercing bullets) and torturing a person in order to commit murder are also considered first-degree murder. Finally, a death caused through the commission of a felony can also be charged as first-degree murder.

2. Capital murder, one form of first-degree murder, is a murder that can be punished by the death sentence or life without parole. This crime is only chargeable if certain special circumstances, such as murdering multiple people, murdering for monetary gain or murdering a witness in order to prevent their testimony, took place.

3. Second-degree murder, on the other hand, is charged against a person who willfully committed a murder, but they did so without premeditation or without being deliberate. Firing a gun into a room full of people, for instance, can be charged as second-degree murder if someone dies, and this holds true even if it wasn’t the suspect’s intention.

Bail Amounts for Murder

All of California’s counties have the ability to set their own bail amounts. When it comes to murder, however, the counties are relatively uniform in their preset amounts. In Los Angeles and Orange Counties, for instance, murder is bailable at $1 million. Murder involving the aforementioned or any other special circumstances, however, isn’t bailable at all.

Certain counties, such as Sacramento, take a more hardline approach. Anyone charged with murder in Sacramento County is completely ineligible for bail. When bail is an option, however, it’s obvious that $1 million may be too much to access for most people. Luckily, California’s sets the bonding agency’s fee at no more than 10 percent of the face bail amount. While this is still a hefty chunk of change, it’s certainly a ray of hope toward building a case against the charge they face. To determine the bail schedule amount in any California county, Bail Hotline provides a list of California county jails and their contact information.
Punishments for Murder

Murder involving the special circumstances mentioned above, is a capital offense. This means that a person can be punished by life imprisonment without parole or by death. First-degree murder without special circumstance, however, can only be punished by life imprisonment, but the eligibility for parole disappears in this situation if the murder was a hate crime.

Finally, those charged with second-degree murder could also face life imprisonment; for those charged with this crime, certain factors, such as having been convicted of murder before, may result in a life sentence without the possibility of parole.

If there’s any criminal accusation where it’s essential to have time outside of jail to confer with an attorney, it’s that of murder. Anyone charged with this crime should seek immediate bail, but due to the extremely high cost of bail for this crime, it’s likely necessary to seek the services of a bail bond agency first. Afterward, only a criminal attorney can help ensure that a person has the best chance of overcoming these charges against them.

Whenever most people think of financial crimes, the first things to pop into their heads are often Wall Street scams and Ponzi schemes. As many people have unfortunately found out, however, a person doesn’t have to be a big-time investor to instigate or simply be charged with a financial crime. Check fraud, for instance, is one such crime that just about anyone could commit – and those charged with the crime quickly find out how serious California treats this offense.

What is Check Fraud?

Check fraud has one of the most basic definitions of any crime in the entire California statutes. A person commits check fraud if they write, possess, pass or make an altered, forged or fake check in an attempt to gain property, services or money with fraudulent intent. Additionally, the mere attempt to do any of these actions can also be charged as check fraud.

This crime can include completely falsifying a check, such as creating a fake check drawn on a fake account, or simply altering one to make it worth more than it was originally intended. Once again, it’s important to remember that no one actually has to be harmed or defrauded for this crime to be charged. Intent to defraud another is enough for the charge.

Bail Amounts for Check Fraud

California has predetermined punishments for check fraud, but the state allows each county to choose its own preset bail amount. This results in widely varying bail amounts in each county’s bail bond schedule. Some counties, such as Sacramento and Santa Cruz, fall in line with each other when it comes to bail amounts for check fraud, with a preset bail amount of $5,000 for both regions.

Other counties, such as Los Angeles, treat the crime a bit more harshly and set their bail amount at $20,000. Regardless of the county, however, it’s obvious that these amounts are more than most people have at their disposal. Luckily, a Bail Hotline agent can secure a person’s release for no more than 10 percent of the bail amount they’re facing. This action will allow them to quickly get out of jail, get back to their jobs and family, and also plan out their defense against the charge.
Punishments for Check Fraud

While California has preset punishments for check forgery, these consequences can still vary. Check fraud is known as a “wobbler;” this means that a prosecutor can choose to charge it as a felony or a misdemeanor. If charged as a misdemeanor, a convicted individual can face one year in jail and a $1,000 fine. If charged as a felony, however, a convicted person may end up in prison for up to three years and owe a $10,000 fine.

Check fraud is a very serious form of forgery that can result in several years in the state penitentiary. This is why it’s essential for anyone charged with the crime to quickly seek out an attorney to defend them. It’s often best to be on the outside world rather than in jail when picking an attorney, and luckily, bail bond agencies can make this quite easy. If a person starts making the right moves as soon as they’re arrested, they will have a good chance of overcoming these serious charges. 

Most individuals understand that they could face increasingly serious consequences if they make a habit of getting arrested; and with statutes like those creating “three strike laws,” it’s never really a surprise when an individual faces harsher penalties for multiple arrests.

 One area that many individuals are surprised by, however, is petty theft charges when a person has certain prior convictions. Though it comes as a surprise to most, charges of petty theft with a prior can be very serious.

What is Petty Theft with a Prior?

 The law related to ‘petty theft with a prior’ can be found within the California Penal Code, and it states that those convicted of prior theft crimes who are then charged with petty theft can face increased consequences. These prior crimes can include burglary, petty theft, grand theft, robbery and several other types of theft-related charges.

Luckily for those arrested, a charge of petty theft with a prior can only be brought if a person has spent time in jail for three of the aforementioned types of criminal acts or if they spent time in jail for one of those crimes plus either a sex crime or other “serious” felony.

Bail Amounts for Petty Theft with a Prior

Bail amounts are not mandated by the state of California, and because of this, counties set their own bail amounts in their bail schedules. This means that these amounts can vary by county, and in reality, they may even vary by prosecutor. This is because petty theft with a prior is considered a “wobbler” in California; meaning it can be charged as a felony or misdemeanor.

Some counties, such as Los Angeles, have bail set for misdemeanor petty theft with a prior at $2,500, but it’s when the felony charges kick in that this becomes even more serious. Still considering Los Angeles, this amount jumps to $20,000 if charged as a felony. Orange County also has the felony charge set at $20,000, but some counties, such as Sacramento, have this lowered to $10,000.

The most important thing for a person charged with this crime to remember is that they don’t have to pay these full amounts to get out of jail. California’s family-owned bail bond agency,Bail Hotline, can secure a person’s release at a small percentage of the face bail amount – and even payment plans are even possible. This makes it easy for a person to quickly be released so they can start working on their defense, get back home to their families and to their jobs.

Punishments Petty Theft with a Prior

As mentioned earlier, petty theft with a prior can be charged as either a misdemeanor or felony. If charged as a misdemeanor, it can only be punished by one year in jail. If it is charged as a felony, however, the penalty can be as much as three years in a state prison. Since this can be a result for nothing more than a few shoplifting convictions, it’s obvious how serious these multiple charges can become.

California takes repeat offenses very seriously, and this even includes petty theft charges. Individuals facing these charges would do well to quickly make bail and seek legal assistance. These are very serious charges, and the consequences can be much more detrimental than those they have faced in the past.

California treats crime very seriously, but there are no doubt violations that are treated much more severely than others. Those who are charged with crimes against children, for instance, face numerous consequences that can lead to years in prison. Child endangerment laws, for example, are some of California’s most serious statutes, and in reality, physical harm doesn’t even have to occur for someone to be charged with this crime. This is why it’s vital for anyone charged under the child endangerment statute to properly understand it.

What is Child Endangerment?

California’s child endangerment statute covers a variety of potential actions against a child. A person who permits or causes a child to go through unjustifiable mental suffering or physical pain, for instance, can face these charges. Additionally, anyone who willfully permits or causes a child that they are caring for to be injured will face the charge.

Lastly, anyone who willfully permits or causes any child to be in a situation that’s deemed dangerous can be charged under the statute. As already mentioned, there is no need for actual harm to come to a child for this charge to be levied against a person.

Bail Amounts for These Charges

California counties are allowed to set their own bail amounts for any crime committed within their jurisdiction. These amounts are listed in their bail schedules and, unfortunately for many, these amounts are often high and can vary greatly between counties.

In Los Angeles County alone, the bail amount can range from $15,000 to $25,000, depending on whether or not the risk of great bodily injury existed. Most other counties focus their schedules on whether or not great bodily harm or death could have occurred. Sacramento County, for instance, sets their bail amount for this crime at $50,000. Orange and Santa Barbara counties, on the other hand, have amounts set at $100,000. These are for felony charges, but the schedules still have instructions on presumptive bail amounts for misdemeanor charges which may not be listed.

The aforementioned bail amounts are obviously high, so it’s best to reach out to a bond agency like Bail Hotline. With maximum fees of only 10 percent of a person’s face bail amount required to secure their release, it is a much more cost effective method of getting out of jail.

Penalties for Child Endangerment

Those facing child endangerment charges have an uphill battle ahead of them. Since no actual injury is necessary for the charge to be brought forth, many presumably innocent people end up facing these charges.

The penalties for child endangerment will vary depending on whether the prosecutor chooses to bring forth the charges as a misdemeanor or a felony. As with most misdemeanor charges, the maximum time a person can do when charged with this lesser offense is one year in jail. For those charged with a felony, however, they can face up to six years in a California state prison.

Those charged with child endangerment will realize relatively quickly that they are facing serious consequences within the California legal system. This is why it’s absolutely imperative for them to secure their freedom while awaiting a trial, and begin working on their legal defense. Financial impact will also be less in the long run, if you can get back to work and remain a means of support for your family.

Property crimes are the most frequent criminal acts that occur in the United States. While they are often not considered nearly as heinous as violent acts, they are still frequently punishable by severe penalties. Everyone knows that stealing is against the law, but what many individuals don’t realize is that they can be criminally liable for even receiving stolen property. This is why it’s important for everyone to understand the law and what they face if arrested.

What is Receiving of Stolen Property?

Actually, receiving stolen property is one of the simplest crimes to define; it’s literally exactly what it says. Anyone who buys, receives, withholds or conceals property that they know was stolen is guilty of this violation. In addition, a person who sells stolen property can also be additionally charged. Because of this technicality, the person who stole the property can actually be charged with the crime; but legally, they can only be charged with receiving the property or actually stealing it and not with selling it.

Bail Amounts for Receiving Stolen Property

The State of California does not set bail amounts; each individual county does that. This means that bail amounts for receiving stolen property can vary by jurisdiction. In Santa Barbara, Los Angeles and San Diego Counties, for instance, bail for this charge is set at $20,000. In San Diego, this amount is the maximum, but in Santa Barbara and Los Angeles, these amounts go up as the specific stolen property value rises.

For instance, in Santa Barbara County, a person’s bail amount will be equal to the value of the property received if it is over $20,000. Some counties, however, aren’t nearly as harsh. San Benito County, for instance, has bail set at $10,000; but this bail is set for any property received that’s valued at over $400. These bail amounts are obviously inaccessible to most, but luckily, California bail agencies are only allowed to charge up to 10% of the set amount. Bail Hotline even offers a defendant payment options, for those who need them.

Penalties for Receiving Stolen Property

Penalties for receiving stolen property also vary. This is because the crime is considered a “wobbler,” and this means that it can be charged as either a felony or a misdemeanor. The prosecutor will consider the circumstances of each individual case and the offender’s criminal history when making this call.

An individual convicted for a misdemeanor under this statute can face a year in jail. A person convicted of a felony, on the other hand, can face up to three years in prison. Also, if the property received was a vehicle, including a boat, a trailer or certain construction equipment, additional fines can be levied. The law allows the victim of the crime to collect, in civil court, up to three times the property value of what they lost as well. Additionally, the person facing these penalties will have to cover the victim’s attorney fees.
After looking at the aforementioned penalties, there’s no doubt that receiving stolen property is considered a very serious crime. Considering the substantial financial impact alone, it’s imperative for a person to obtain their freedom and quickly find a good attorney to build a proper defense. In reality, a person could face penalties just as bad, if not worse, as the person who initially stole the property if they do not win their case.

Crime isn’t taken lightly in California, and as is the case in most areas of America, violent crimes are often treated much more seriously than others. Assault and battery charges, for instance, can actually land a person in prison on their first offense, if circumstances allow. When it comes to assault with a deadly weapon, however, the penalties can be much more severe. California recognizes the damage that assaulting a person with a deadly weapon, even in the absence of actual physical harm, can do; and this leads them to handle the charge with an iron fist.

What Do these Charges Mean?

In California, in order to charge someone with assault with a deadly weapon, you must first show that an individual was actually assaulted. The definition of assault is when a person willfully acts in a way that they recognize would likely cause an application of force against another person – and the person committing the assault must have had the present ability to cause that forceful application to occur.

For an assault with a deadly weapon charge to be upheld, the aforementioned assault must have been committed with a firearm or other deadly weapon. In addition, an individual can be charged with the crime if they used any means of assault that could lead to great bodily injury. These charges are known as wobblers; this means they can be charged as felonies or misdemeanors. Because of this, bail amounts and penalties can vary.

Bail for Assault with a Deadly Weapon

California counties have what is called a bail schedule, which lists predetermined bail amounts for certain crimes. These amounts will vary by county, and in the case of assault with a deadly weapon charges, by severity of the charge.

Santa Barbara and Los Angeles counties, for instance, set bail amounts for this charge at $30,000 if no firearm was used. If a gun was used, however, this amount jumps to $50,000. In San Diego and San Benito Counties, on the other hand, this charge will result in a $10,000 bail amount. This jumps to $20,000 in San Diego if a firearm is used, but San Benito holds to a set $10,000 even if a gun was used in the crime.

Quite obviously, the higher bail amounts are meant to keep people in jail, but an individual charged with these crimes can still seek freedom with the help of a bonding agency. Companies such as Bail Hotline can secure bail for someone so charged, at a maximum of 10 percent of the face bail amount – a limit set by the State of California.

Penalties for Assault with a Deadly Weapon

The consequences and penalties for this crime also greatly vary. If it is charged as a misdemeanor, a person can face one year in jail, a $10,000 fine, confiscation of their weapon and a few other punitive measures. If charged as a felony, however, an individual could end up in prison for up to four years and have to pay the same aforementioned fine. In addition, they could also have a “strike” put on their record.

As can be gathered from the aforementioned bail amounts and penalties, assault with a deadly weapon is an especially harsh charge in the California criminal justice system. Anyone facing these charges stands to lose substantial financial assets and possibly their freedom, so it’s imperative that they make bail quickly and find an attorney as quickly as possible. This could be their only chance to fight these charges.

California has seen its share of riots and assemblies, so it’s important for this state to have strong laws related to maintaining the public peace. While there are laws in relation to rioting and other mass disturbance issues, a person can be charged with disturbing the public peace for much less severe behaviors. The penalties in these cases can sometimes be intense, and this is especially true if additional charges are also brought. This is why it’s important to fully understand public disturbance statutes.

What is disturbing the Public Peace?

Disturbing the public peace is, defined under California state law, a misdemeanor. There are several ways in which a person may violate this crime. Anyone who engages in an unlawful fight in public, for instance, is guilty of disturbing the peace. In addition, even challenging a person to fight in public can lead to this charge.

In addition, anyone who willfully and maliciously disturbs another person with unreasonable and loud noise can be charged with disturbing the peace. Finally, even using offensive words while out in public can end in this serious charge. The prosecutor only has to show that these words could’ve likely caused an “immediate violent reaction.”

Bail Amounts for Disturbing the Public Peace

The penalties for violating public peace laws are set by the State and thus apply all over California, however the bail amounts can vary greatly depending on the location in which you are charged. For example, in San Diego County, the bail schedule lists disturbing the public peace as a bailable offense at $250. In San Luis Obispo County, on the other hand, bail amounts can range from $164 for infractions to $2,000 for misdemeanor public disturbance charges. Ventura County doesn’t even list the offense on their bail schedule, but the crime is bailable as a misdemeanor at $2,500.

A Bail Hotline agent can easily research this information for you and also post a bond for just a small fraction of the price you would have to cover on your own. The maximum agency fee allowed by California law is a mere 10% of the face bail amount.

Possible Penalties for a Conviction

Penalties related to disturbing the public peace can be severe, and this is especially true in certain circumstances. Simply for violating the law, without any additional charges, a person can face a $400 fine and up to three months in jail. Unfortunately, since fighting in public can obviously also lead to battery charges, these penalties can easily increase.

Additionally, depending on where the disturbance occurred, such as in a school or state university, the consequences of a conviction can increase if prior convictions have occurred. A person convicted of a second disturbance on these school properties, for instance, could face up to six months in jail.

Disturbing the public peace is a crime that is taken very seriously in the state of California. Even in the absence of any harm to person or property, an individual convicted of this crime can still face jail time and serious fines. Because of these potential penalties, it’s important for a person to secure their release as soon as possible, and then find an attorney who is willing to help. These two decisions may have long lasting impact on a person’s life.