California Criminal Law

California criminal law is a large subject with several statutes providing offenses and punishments for criminal behavior. The following paragraphs are a brief outline of a selection of California criminal law, and are not exhaustive in either the scope or extent of their coverage. They are meant to be a guide to common criminal law issues in California; you should contact a California criminal defense attorney in the event any criminal charges are filed against you.

Drug Possession in California

California drug possession offenses vary in their severity and scope depending on the nature of the controlled substance, the amount of the substance, and the intent of the possessor.

• Marijuana offenses in California:
• Possession of 28.5 grams (1 ounce) or less of marijuana is a misdemeanor, and is punishable by a fine up to $100.
• Possession of over 28.5 grams of marijuana can lead to a $500 fine and / or up to six months in jail
• Possession with intent to distribute marijuana, or the transportation or sale of marijuana can result in a sentence of up to six years in jail.
• A series of convictions for this offense could lead to more serious penalty such as increased fines or mandatory rehabilitation.
• Narcotic offenses in California:
• Possession with intent to distribute, and transportation of certain narcotic drugs such as cocaine or heroin can carry a prison sentence of six years or more, depending on the quantity and nature of the drug.
• Depending on the nature and quantity of the drug a fine could accompany jail time. Fines can range from $5,000 for certain narcotics up to $50,000 for possession and sale of heroin.

For any drug charge in California, consult a California criminal defense attorney for questions regarding specific behavior.

Assault in California

In California, an injury does not have to occur in order to be accused or convicted of assault. If a person attempts to injure someone, and the threat is legitimate, than assault has been committed. Generally an assault is punishable by:

• a fine up to $1,000 and / or
• imprisonment of up to six months in jail.

The severity of the punishment for assault in California can increase depending on the nature of the assault. California increases punishments for assaults that occur with the intent to commit another, more serious, crime. If you have been accused of assault, contact a California criminal defense attorney for advice specific to your circumstances.

California Drunk Driving- DUI

A DUI in California is a serious affair, and should not be taken lightly. A DUI conviction can result in a suspension or loss of license, a substantial fine, mandatory driving education classes, and mandatory alcohol rehabilitation, among other penalties. A California DUI is a criminal offense, and will appear on an arrest or conviction record. If arrested for a DUI in California, contact a California DUI attorney.

Right to a Jury in California

According to the California Constitution, anyone on trial for a crime in California has a right to a Jury regardless of the nature of the offense.; A defendant may waive the right to a jury trial if the prosecution agrees.; In felony cases, the jury will consist of 12 members, but in misdemeanor cases the parties can agree on a lesser number of jurors.

Trial Dates in California

In a felony case, the trial court shall set a date for the defendant's trial to begin within 60 days of the defendant's arraignment.; If either party would like to file a motion for a continuance, it must do so with at least two days notice and present a "good cause" argument for the continuance.; Upon receiving the motion, a trial court will review it and determine if good cause for the continuance has been met.; The standard for good cause for a continuance can vary across a variety of circumstances including the nature of the crime accused, the availability of witnesses, and the availability of evidence.; Consult a California criminal attorney for specific questions about trial dates and continuances.

Sentence Review and Appeals in California

A defendant may, with some unique exceptions, appeal a conviction, sentence, or order granting probation on questions of law alone.; This means appeals are limited to issues that the trial judge made a decision about, and not the jury's interpretation of the case.; Upon appeal, the appellate court will review the decisions on the issues of law that affected the defendant's rights and either affirm or reverse the ruling.; With specific questions regarding an appeal process in California, consult a California criminal attorney.

California Criminal Law Statutes

Click Here to see the following statutes

1. Drug Possession in California: California Health and Safety Code
1. Marijuana offenses: §§ 11357 – 11360
2. Narcotic offenses: §§ 11350 – 11356

2. Assault in California
1. California Penal Code §§ 240 – 241, 220 – 222
3. Trial Dates in California
1. California Penal Code §§ 1049.5, 1050
4. Sentence Review and Appeals in California
1. California Penal Code §§ 1259 – 1260, 1235 – 1237