Monthly Archives: November 2012


Possession of Burglary Tools (Penal Code section 466)

Even if you don’t actually commit a burglary by entering a structure (see this post for more information about burglary), California still outlaws the possession of certain items.  Under Penal Code section 466, it is illegal to possess any of the following items (Definitions: of what these items are below): picklock crow keybit crowbar screwdriver […]

Motion to dismiss a felony – Penal Code section 995

What is a “995 motion”? In felony cases, there are several procedural safeguards in place before your case goes to trial.  In California, there are two ways for your felony to move forward – either by an indictment by the grand jury or based on the filing of charges and after a preliminary hearing. The […]

What is a “Violent Felony” in the Three Strikes law?

Is Every Felony a “Strike” in California? California’s “Three Strikes” law was passed in 1994.  Many people think that every felony conviction is a “strike”.  They aren’t.  Only “serious” and “violent” felonies count as “strikes” under the law. The “serious” felonies are listed in Penal Code 1192.7.  Here is a list of the “violent” felonies […]

What is a “serious felony” in the Three Strikes law?

Is any felony charge a “strike”? California’s “Three Strikes” law was passed in 1994.  Many people think that every felony conviction is a “strike” so a third felony must mean they’re facing 25-life under the “three strikes” law.  Not so.  Only “serious” and “violent” felonies are strikes. Under Penal Code section 1192.7(c), the following crimes […]

Grand Theft – of a firearm [Penal Code 487(d)]

The crime of “theft” is generally defined in Penal Code section 484.  There are several different theft crimes, depending on the value of the property, how the property is taken or in this case, what the stolen item is. What is Grand Theft of a Firearm in California? Under Penal Code section 487(d), the theft […]