In most states, employers can never withhold tips or deduct wages based on the amount of tips earned, unless it is for a credit card fee or a tip pool. This is regardless of whether the employer takes a tip credit. Managers and supervisors can only keep tips that they directly and solely earned, and …
Breaking and entering and trespassing are similar but distinct crimes. Breaking and entering involves the use of force, however slight, to gain entry into a building or residence. Trespass only requires an unauthorized entry onto someone else’s property, with or without forced entry. In most states, there also has to be an intent to commit a …
Accidental homicide is where you kill someone in the course of a lawful act that is done with a reasonable belief that no harm will take place. Most jurisdictions say that an accidental killing is not a crime. However, you could face criminal charges if you killed someone on accident while performing an unlawful or …
Can I Still Get a Job With a Misdemeanor On My Record?Watch this video on YouTube You can generally still get a job with a misdemeanor conviction on your record. But some offenses may make it more difficult or unfeasible to land a specific type of job. For example: a misdemeanor involving theft, fraud, or …
It is generally illegal to drink in public in California outside of a licensed venue such as a bar, restaurant or tavern. State and local laws make it an infraction to possess an open container of alcohol in public and a misdemeanor for a minor to possess any alcohol in public. It is also a …
Alcohol can remain on your breath for up to 12 to 24 hours after consuming your last drink.1 Keep in mind, however, that everyone’s body is different, and the absorption of alcohol and its detection will vary by body type. Note that alcohol on your breath, on its own, does not necessarily mean that you …
In some states, minors can be made to register as sex offenders if they get convicted of a sex crime. Minors who have to register can face criminal charges for failing to do so. However, there is a wide variety of rules in different states regarding sex offender registration for minors. For example, in California, …
The difference between rape and statutory rape lies in whether the victim can legally consent to the sexual act. Allegations of rape involve non-consensual sex with a person who is otherwise legally capable of consenting. Allegations of statutory rape involve sex with a person who cannot legally consent because of being below the age of consent. …
The 5 most common defenses to a criminal threats charge are to demonstrate that: the threat was not specific or immediate enough, the recipient’s fear was not reasonable, the threat was just a gesture, the accuser is making a false allegation, or no threat was actually made. Which of these legal defenses is the best …
In California, an Arbuckle Waiver is when you forego the right to have the same judge who accepted your plea bargain also handle your sentencing hearing. You have the right to have the same judge for both stages of the process. You waive that right with an Arbuckle Waiver. The name comes from a California …
Per Penal Code 647.6 PC, child annoyance is a type of criminal conduct in California that occurs when: a person engages in an act directed at a child (under the age of 18), the act is motivated by sexual interest in the child, and a normal person would have been disturbed, irritated, or injured by …
Punching a person is a battery under California law (per Penal Code 242), and it could be charged as a felony if you: punched a public servant, as in a police officer, firefighter, or EMT, or punched a person and it caused great bodily injury. In both of the above scenarios, the battery is charged …
There are no Romeo and Juliet laws in California. This means that it is always statutory rape (PC 261.5) to have consensual sexual intercourse with someone under 18, even if you are close-in-age or a minor yourself.1 What are Romeo and Juliet Laws? Romeo and Juliet laws say it is not always a crime to …
The average cost of an ignition interlock device (IID) is between $70 and $100 per month. The ignition interlock provider might also charge an installation fee, which is typically between $75 and $100. Depending on the severity of a person’s driving under the influence (DUI) offense, and the number of months a person has to use …
Domestic violence is generally charged as a misdemeanor offense rather than a felony, unless the incident caused an injury or involved a deadly weapon or child victim. A pattern of abuse can also elevate domestic violence to a felony. So can a violation of a restraining order. The laws in different states will determine which …
In California, employers are required to fully reimburse you when you use your personal vehicles for business purposes. In total, there are 4 ways to calculate your reimbursement: lump-sum payments, Actual mileage, Actual expenses, or A mixture of fixed and variable rates. Many employers adopt the IRS’s reimbursement rates, which go by actual mileage: Purpose …
The statute of limitations for statutory rape in California is either 1 year or 3 years. California statutory rape charge Statute of limitations to prosecute misdemeanor within 1 year of the incident felony within 3 years of the incident If charges are not filed within this timeframe, the charge can be dismissed. These limitations only …
Manslaughter vs Murder: What's the Difference?Watch this video on YouTube Manslaughter is a homicide without malice aforethought. Murder is a homicide with malice aforethought. This makes manslaughter a lesser-included offense of murder. Because murder is a more severe crime, the penalties are higher. Convictions for murder can carry a life or a death sentence. Manslaughter …
Depending on your body weight and other factors, your BAC after one beer generally ranges from 0.016 to 0.038. However, factors that can impact this number include the size of the beer, its alcohol content, how quickly you consume it, the amount of food in your stomach, and even your age, gender, and body fat …
The average settlement for a lawsuit filed over back and neck injuries sustained in a car accident varies from a few thousand dollars to well over a million. The wide range is because all accidents and injuries are unique. Small discrepancies in your case make it different from other, similar ones. There is no average …
The corpus delicti rule is the legal principle that no one can be convicted of a crime without proof that the crime actually occurred. In California, this proof must be independent of the defendant’s out-of-court statements, even if they amounted to a confession. The name of the rule is Latin for “body of the crime.” …
According to insurance data, the average payout across the U.S. for a pain and suffering settlement in a personal injury case is approximately $15,000. Pain and suffering is considered non-economic damages because it is difficult to put a number value on. Examples of pain and suffering include: depression and anxiety grief and anger loss of …
Robbery vs Burglary: What's the Difference?Watch this video on YouTube The main difference between robbery and burglary is that burglary involves entering a structure with the intent to commit a theft or some other crime. Robbery does not necessarily involve entering a structure. Instead, robbery is the crime of stealing someone else’s property by means …
In limited circumstances, you can sue your employer if you have been hurt on the job. For most work injuries, however, workers’ compensation is the exclusive remedy. You may be able to sue your employer for a workplace injury if the employer intentionally causes the injury, fraudulently conceals their connection to the injury, acts in …
Assault vs. Battery — "What's the difference?"Watch this video on YouTube The main difference between assault and battery is whether physical force was actually inflicted. Assault is intentionally causing someone else to fear imminent violence. Battery is the unlawful infliction of force. Both are generally misdemeanor crimes. Aggravated factors can elevate them to felonies. Assault …
