California Criminal Defense Blog

California’s legal definition of “great bodily injury” is a significant or substantial injury.
Otherwise known as “GBI” or “great bodily harm”, great bodily injury is a sentencing enhancement. This means that when a defendant is convicted of a California criminal offense…and during that offense, he caused another person to suffer great bodily injury...he faces a greater penalty than he otherwise would have.

Great bodily harm is only supposed to be alleged under the most severe circumstances. When charged and proven, it subjects an offender to a three to six year California State Prison sentence in addition and consecutive to the sentence he/she will serve for the underlying offense.

The problem is that overzealous prosecutors charge this enhancement almost routinely anytime someone is injured. Even injuries as insignificant as scratches, red-marks, or simple bruises are being labeled “great bodily injuries”.

Fortunately, good California criminal defense lawyers understand that GBI is more severe than the type of injury that would normally result from a violent act…and know how to effectively convey that message to a judge and jury.

In 2009, a multi-agency unit, including the FBI and the California Attorney General, arrested 42 people suspected of Medi-Cal fraud. These defendants were accused of defrauding Medi-Cal out of $4.6 million, making it the largest single case of Medi-Cal fraud in California’s history.

The defendants allegedly billed Medi-Cal for in-home nursing services that were provided by unlicensed individuals. Some of these individuals had no medical training whatsoever, but performed nursing services that included administering medications, adjusting ventilators, and feeding through gastronomy tubes.

Medi-Cal fraud includes billing for unnecessary services, for drugs or other supplies that were never ordered, and for paying unauthorized individuals to perform medical services. The penalties can be severe, which is why it is important that anyone accused of this type of health insurance fraud consult with a criminal defense lawyer who has expertise in this complex area of the law.

As with anything in this world, there are always going to be exceptions to the rule. But in general, California nursing homes are staffed by caring, nurturing individuals who truly want to help others.

The problem is lies in the awful reputation that plagues nursing homes. While it’s true that elder abuse in California nursing homes is common, it’s certainly not the norm. But anytime an elder who lives in one of these long-term care facilities is unhappy, injured, or ill, the staff is automatically suspected of abuse.

Continue reading "The Unfortunate Plight of Nursing Home Employees" »

I was at my grandfather’s house earlier this week. As he was opening his mail, he became very excited. He received a letter informing him that he had won $2,500,000.00 and just needed to send a $20 “handling” fee to secure his prize. As he reached for his checkbook, I had to break the news to him…this was simply a scam.

My grandfather is a well respected and well educated doctor…and had I not been there, would have been a victim of financial elder abuse, otherwise known as “senior fraud”.

California financial elder abuse or “senior fraud” is punished under Penal Code 368 PC. It can include anything from stealing money from an elder’s wallet (a California elder is someone who is 65 or older), to scamming an elder out of money (like the letter sent to my grandfather), to sophisticated offenses like transferring an elder’s entire estate into your own name.

Not always easily detectible…nor always easily provable…California financial elder abuse is on the rise and…as a result…law enforcement officers are on the lookout.

Elder abuse has become a growing concern in California. Broadly defined in California’s Welfare and Institution Code and in Penal Code 368 PC, “elder abuse” is any abuse, whether it’s physical, emotional, financial…and whether it’s inflicted by a family member, a private caregiver, or an institution such as a nursing home or other residential treatment center…directed at an individual who is 65 or older.

As recently as last year, nationwide studies suggest that three to five million seniors have experienced abuse but that only one in five cases are reported. It’s these kinds of statistics that have prompted many California local law enforcement agencies to target elder abusers and to prosecute elder abuse cases swiftly and aggressively.

Continue reading "Elder Abuse on the Rise" »

While California Penal Code 415 “disturbing the peace” is a crime unto itself, it is much more frequently used as a California plea bargaining tool.

There are a variety of crimes, such as prostitution, lewd conduct in public, and indecent exposure that carry severe social stigmas and, sometimes worse…a lifetime duty to register as a California sex offender.

Skilled California criminal defense attorneys know how to expose the weaknesses in the prosecution’s case early on to convince prosecutors to reduce these more serious offenses to Penal Code 415 “disturbing the peace”.

“Disturbing the peace” is a “wobbler”, which means that prosecutors have the discretion to charge the offense as either a misdemeanor or an infraction. Either way, employers, family members, and anyone else who learns that you were convicted of “disturbing the peace” is much less likely to subject you to the harsh treatment that a California sex crime would surely invite.

The other good news is that penalties for Penal Code 415 “disturbing the peace” charges are limited to a maximum county jail sentence of 90 days and a maximum fine of $400. “Typical” misdemeanor offenses are punishable by up to six months in the county jail and a maximum $1,000 fine.

In reality, if your attorney negotiates a “disturbing the peace” charge reduction, you will likely pay a small fine and serve no jail time.

What’s interesting about this case is the fact that these child molestation charges arise out of a series of incidents that took place between 1994 and 1997…which means that the statute of limitations (the time by which criminal charges must be filed) has already expired.

Prosecutors charged Melvin “Shane” Sparks, a judge on “America’s Best Dance Crew” and a choreographer on “So You Think You Can Dance”, with eight felony counts of lewd acts with a child under California Penal Code 288 late last month.

The Los Angeles District Attorney’s Office is relying on a California Penal Code 801(f) that provides that the statute of limitations for certain sex offenses committed against minors may be extended if the following three conditions are satisfied: (1) the statute of limitations has otherwise expired, (2) the crime(s) involved substantial sexual conduct, and (3) there is clear and convincing evidence that corroborates the victim’s allegations. According to the Los Angeles D.A.’s Office, each of these conditions has been fulfilled.

If Sparks is convicted of lewd acts with a child under California Penal Code 288 (otherwise known as “child molestation”), he not only faces imprisonment and substantial fines, but will be required to provide a DNA sample and register as a sex offender for life.

Yep, that’s right. Eric Williamson was convicted of violating Virginia’s indecent exposure law. This case received national attention because of the fact that Williamson was in his own home at the time of the offense.

Police arrested Williamson after a mother and her 7-year-old son claimed that as they walked by Williamson’s home, he made a point of making his “naked self” visible to them.

Under California’s “indecent exposure” law, Penal Code 314 PC, unless Williamson purposely “flashed” himself to the mother and son and drew attention to his genitals, he could not have been convicted of indecent exposure. This is because California’s “indecent exposure” law under Penal Code 314 PC requires

1. that you intentionally expose yourself or your “private parts”,


2. in a public area or area where people were present and likely to be offended, and


3. you acted in a lewd manner while drawing attention to your genitals.

Continue reading "Man Convicted for Indecent Exposure...In His Own Home" »

In Nevada, that is. Nevada is currently the only state where prostitution is legal…as long as it is confined to brothels located in specific counties within the state. Until recently, these brothels only hired women in accordance with the state’s health and safety laws that required licensed prostitutes to undergo frequent cervical testing to ensure they remain STD free.

Within a couple of weeks, one of the state’s legal brothels is hoping to hire a few men to service their clients. This is thanks to a new regulation that provides for urethral testing for men to ensure the same health standards for both sexes.

Continue reading "Introducing the First Legal Male Prostitutes" »

Recent reports indicate that thousands of convicted arsonists may have been falsely accused and wrongfully convicted. This is due to the fact that arson investigators have relied on a basic set of assumptions about how fires burn…assumptions which really amount to little more than “old wives tales”.

California’s arson laws (Penal Codes 451 and 452 PC) prohibit willfully, maliciously, or even recklessly setting fire to another’s property or land. These laws even prohibit willfully setting fire to your own property if (1) you did so with a fraudulent intent, or (2) other property or persons were injured as a result.

California’s arson laws themselves under these Penal Code sections are fine, that’s not the problem. It’s how these arson cases…and those around the country…are investigated that is the issue.

Continue reading "Arson Investigation - Hardly a Science" »

Sex offenses are, perhaps, the most socially stigmatized crimes. Society often shuns, ignores, and even abuses its sex offenders. The California Megan’s Law website is largely to blame for this behavior.

Depending on the particular sex crime for which an individual was convicted, the Megan’s Law website may publish his/her name, photo, the convicted charge(s), and other identifying information (including a complete home address).

But all hope is not lost. There are ways to have your personal information removed or excluded from California’s Megan’s Law website. There are a handful of sex offenses that may entitle you to this relief.

If the state believes that you are not a “predator”…and, therefore, not a danger to society…it will allow you to remove or exclude your information from the Megan’s law list. Once received (and approved), your information may be removed from the Megan’s Law website in thirty days…giving you a new lease on your privacy and, more importantly, your safety.

Decoy officers are frequently used to catch…or entrap…so-called on-line child “predators”. Cops, relying on the anonymity of the Internet, pose as young children (usually 13 years old) in an effort to arrest unsuspecting individuals for a variety of California sex crimes.

One crime in particular is Penal Code 288.2 PC “sending harmful matter to a minor with the intent of seducing that minor”. Penal Code 288.2 PC “sending harmful matter to a minor with the intent of seducing that minor” prohibits sending explicit or obscene matter to a minor with the intent of sexually arousing yourself or the minor and with the intent of engaging in sexual contact with the minor.

Officers will ask for nude photos of the people they are communicating with, engage in explicit e-mails, exchange erotic text messages, and/or have “phone sex” with people who otherwise may not even have engaged in such behavior.

If you are accused of sending harmful matter to a minor under Penal Code 288.2 PC, be sure to discuss a possible entrapment defense with your California sex crimes defense attorney.