What Is Unlawful Use of Tear Gas (Penal Code § 22810(g)(1))?

When is the use of mace illegal?  How is self-defense defined and when is it legal?  It is unusual for our office to handle many cases involving the offensive use of “tear gas,” most commonly in the form of mace, usually by a woman.  What is the punishment?  Is it a felony or a misdemeanor?  For answers to these questions, click on the following link.


Punishment for Attempted First Degree Residential Robbery

What is the punishment for first degree residential burglary (Penal Code § 459)?  To better understand this offense in the context of a reported decision wherein three individuals broke into a home, only to find the owner engaged in a dinner party and be arrested before the three could leave the home, click on the following link.


Is Alcoholics Anonymous Objectionable on Religious Grounds?

It is rare for someone to object to Alcoholics Anonymous on religious grounds, as someone whose drinking leads to legal problems usually is not fundamentally religious, or at least not heavily influenced by religion.  However, occasionally, someone will contest having to go to Alcoholics Anonymous, even if it if required for avoiding jail or earning a dismissal.  How is such an objection handled by our courts?  How should one make such an objection with credibility?  Click on the following link to find out.


What Are Some Affirmative Defenses for a Preliminary Hearing?

If anyone has been to a preliminary hearing, he or she may be familiar with how after the prosecution rests, the judge often will ask the defense if it has any affirmative defenses to assert.  What are some common affirmative defenses and when do such apply?  Click on the following link to find out.


Can One Demurrer to a Criminal Complaint? On What Basis?

In civil litigation, it is common for defense counsel to challenge the sufficiency of a complaint by filing a demurrer to the complaint.  Often, this tactic results in dismissal of one or more causes of action or even dismissal of the complaint, although the legal fees in doing so may be significant.  Can a criminal defendant do this, too?  What grounds can be argued?  What happens it if sustained?  Click on the following link to read answers to these questions.


Can I Reduce My Misdemeanor to an Infraction? If so, How?

Our office is regularly asked if a misdemeanor conviction can be reduced to an infraction.  Sometimes, a person will even ask if their felony is eligible for reduction to an infraction.  There are a limited number of misdemeanors that are eligible for such reduction.  To read more about which ones are eligible and how a request for a reduction is made, click on the following link.


What Is Violating V.C. § 23109(c), Exhibition of Speed?

What is an exhibition of speed according to the Vehicle Code?  What must the prosecutor show to convict someone of this crime?  What are the defenses to such a crime?  What is the punishment?  Will someone, if convicted, lose their driver’s license?  For answers to these important questions involved Vehicle Code § 23109(c), click on the following link.