First-degree burglary (which is burglary of a residence) is always a felony in California. Second-degree burglary (which pertains to any non-inhabited structures) is a wobbler, meaning it can be charged as either a misdemeanor or a felony. Burglary offense California penalties 1st-degree burglary: Burglary of a residence felony: 2, 4, or 6 years prison 2nd-degree …
Burglary in California is divided into first degree, or residential burglary, and second degree, or commercial burglary. See Penal Code 460. Burglary is committed when someone unlawfully enters a specified structure with the intent to commit theft or a felony. Residential (first degree) burglary is burglary of: an inhabited dwelling house, an inhabited vessel, floating home, or trailer …
California burglary law (under Penal Code 459) is divided into “first-degree burglary” and “second-degree burglary.” First-degree burglary is burglary of a residence. Second-degree burglary is the burglary of any other type of structure (including stores and businesses). Burglary offense California penalties 1st-degree burglary: Burglary of a residence felony: 2, 4, or 6 years prison 2nd-degree …
If you get fired for making a workers’ compensation claim, you can file a wrongful termination lawsuit. It does not matter if you are an “at will” employee since retaliation for invoking workers’ compensation rights is a clear violation of public policy. Successful lawsuits can recover back wages and even lead to reinstatement. Some states …
You can request your personnel file from a former employer by contacting them, often in writing, and demanding access to the file. Employers are legally required to maintain records about your time at work. You generally have a right to review these records. Your personnel files can be valuable evidence if you have suffered a …
Marital status is generally not a protected class under federal employment law. However, around half of the states in the U.S. have state laws that make it a protected class. Where it is a protected class, employers cannot discriminate against you based on your marital status. If they do, you have legal recourse under anti-discrimination …
Infractions vs Misdemeanors: What's the Difference?Watch this video on YouTube Infractions and misdemeanors are both offenses in the California criminal justice system. The main difference between the two is in their severity and in how they get punished. Infractions are less serious offenses than misdemeanors. They are punishable by a maximum fine of $250 (though certain …
Certain criminal convictions in California can lead to deportation if you are not a United States citizen. It often does not matter how long you have been in the country. Known as “deportable offenses,” these are: crimes of moral turpitude, aggravated felonies, drug offenses, firearms offenses, and crimes of domestic violence. 1. Crimes of moral …
California drivers with a suspended license have to wait for the suspension period to end. Then they have to apply for reinstatement with the Department of Motor Vehicles (DMV). This includes paying license reinstatement fees and proving proof of adequate car insurance. Some drivers may also have to provide evidence of completing certain courses, like traffic …
In California, law enforcement agents can get a wiretap for your phone if they can obtain a court order. This court order can initially last up to 10 days, although it can be extended. It will only be issued if there is probable cause to believe it would gather evidence of a serious felony. The …
In California, the term “financial responsibility law” refers to the requirement that you carry proof of your ability to cover damages you may inflict in the event of a traffic accident. This usually means proof of auto insurance. The law is largely found in Vehicle Code Sections 1600-16078 VC and is sometimes called “California’s Compulsory Financial Responsibility …
A constructive dismissal happens when you voluntarily quit because your employer created intolerable working conditions. Those conditions have to be bad enough that you have no reasonable alternative but to resign. Even though you quit, the discharge is treated as a termination. If your employer had no right to fire you, it can lead to a …
In California, you may be entitled to reporting time pay if you show up to work but get sent home before working half of your shift, or if you work a second shift of under 2 hours. Your employer may have to pay you for hours you did not work. However, there are some exceptions …
If you do not go to jury duty when summoned, the judge will typically issue you a second summons. If you continue to not go to jury duty, you can be held in contempt of court. Contempt of court can carry a fine or even jail time. You can avoid this outcome by showing that …
The crime of driving under the influence (DUI) can be a felony in some severe cases. When it is a felony will depend on your state’s DUI laws. However, it is often a felony if you have a history of DUI convictions or if you caused a serious car accident. Felonies carry more prison time …
The difference between a driver’s license revocation and a license suspension is that a revocation is permanent, whereas a suspension is temporary. However, if your license has been revoked, you may still be able to get a new one. Whether it is revoked or just suspended, though, driving without a valid license is a criminal …
93 percent of workers’ comp claims lead to a payout right away, according to one study. Of the 7 percent of claims initially denied, two-thirds are overturned and paid out within the year. However, this does not necessarily mean that the victim is fully compensated. You only “win” your workers’ comp case if you recover …
The ridesharing company Lyft is facing numerous lawsuits in California. 4 of the most common grounds are: car accidents caused by Lyft drivers that hurt others on the road, sexual assaults committed by Lyft drivers on passengers, misclassification of Lyft drivers as independent contractors, and wage theft from that misclassification. All of these claims are …
The difference between negligence and malpractice lies in whose conduct caused your injuries. Normal people have a duty to behave like a reasonable person. Failing to do so is negligence. When working, certain professionals, like lawyers and doctors, have a duty to behave like reasonably careful professionals in their field. Failing to do so is …
In criminal law, an affirmative defense is a legal defense that you, as the defendant, have the burden of proving. It does not challenge the evidence that proves the elements of the offense. Instead, an affirmative defense asserts that the crime was excusable or justified. Examples include: entrapment, insanity, necessity, self-defense (in a couple of …
Whether you can get a DUI on a bike depends on the law of your state. Each state has its own law for driving under the influence (DUI). Some forbid operating a “motor vehicle” while under the influence of alcohol. Others forbid being under the influence and operating a “vehicle.” If you live in a …
A bench warrant is a court order instructing law enforcement to arrest you and bring you to court. A judge will issue a bench warrant for your arrest if you have failed to comply with another court order, or you failed to appear for a court hearing. Six key things to know about bench warrants …
There is no universally accepted breath test for suspected cases of driving under the influence of marijuana. Police often request that you submit to a blood test, instead, or to field sobriety tests (FSTs). However, the results from these other tests are unreliable for determining marijuana impairment. The testimony of the officer who initiated the …
California law states that a person may not carry a concealed firearm in public unless they obtain a valid Carry Concealed Weapon (CCW) license. Assembly Bill 2103 and Senate Bill 2 impose several requirements that a person must meet before they can receive a CCW license. These requirements are: Applicants for CCW permits must receive …
In California, the amount of time you can spend in jail or prison after a conviction for drug possession varies widely. It can be multiple decades or no time at all. Custody time ultimately hinges on five primary factors: the specific drug possession charges you are facing, the type of drug, how much of the …
