What’s the Difference Between Burglary and Robbery

What’s the Difference Between Burglary and Robbery

If you think that burglary and robbery are the same thing, you’re not alone. Most of us have the same assumption, but when it comes to the law, they are two different types of crimes.

One of the biggest distinctions between the two is that burglary is treated as a property crime while robbery is recorded as a violent crime committed against a person. Based purely on that description, you can probably guess which is treated as the more serious crime.

One of the interesting things about the burglary is that all you have to do is enter a property without the owner’s permission to be charged and you do so with the intention of taking something. It doesn’t matter if you’ve taken anything. Simply being there is enough. You will also likely be charged with trespassing at the same time.

The FBI defines robbery as the act of, “taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.”

So if you simply enter someone’s property with the idea of stealing their new grill, but you don’t act in a threatening manner, you’ll be charged with burglary. If you go onto the same property for the same grill and threaten the owner until they give you the grill, you’ve committed a robbery.

Robberies have a much higher clearance rate. There are two reasons for this. The first is that by making threats, you made your intentions of taking something very clear. When dealing with a suspected burglary, police sometimes have a difficult time proving intent, and without intent, there’s no burglary charge, merely trespassing.

The second reason that robberies have a much higher clearance rate is that police are able to allocate more funds to robbery investigations. Better funding means a more thorough investigation.

If you’re convicted of first-degree robbery in California, the judge could sentence you to 9 years in a state prison. You could also be ordered to pay a $10,000 fine and possibly restitution. A second-degree robber conviction can result in a 5-year prison sentence and a $10,000 fine.

A first-degree burglary charge in California has a potential sentence of 6 years in prison. A second-degree burglary conviction can result in a 16-month stay in a county jail.

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Most Common Crimes in California

Most Common Crimes in California

The most common crimes in California vary from one county to the next. The stats can also change a great deal. Still, there are some crimes that are more prevalent than others.

Drug-Related Crimes

One of the interesting things about drug-related crimes in California is that the legalization of marijuana has reduced the number of drug-related arrests each year. It’s estimated that now that marijuana is legal law enforcement agencies have an additional $200 million that is used to deal with other types of crime.

While legalizing marijuana has reduced the number of drug-related crimes the state deals with annually, drugs still take the biggest toll on California’s legal system.

Violent Crimes

The violent crime rate in California fluctuates. It increased in 2012 and decreased by 2.9% between 2018 and 2019. According to data collected in 2019, 60% of the violent crime arrests were aggravated assault only 1% involved homicides.

DUIs

Despite all the warnings about combining alcohol and driving, DUIs still represent a major crime problem in California. The good news is that people seem to be getting better about not drinking and driving. In 2008, there were 208,845 DUI arrests in the state. In 2013 there were only 155,599 reported DUI arrests.

Weapons Charges

Weapons charges represent a large chunk of Calfornia’s crime problem, though there is a wide assortment of charges which range from quite minor to extremely serious. Given the complexity of California’s laws regarding weapons, if you plan on carrying anything that could be considered a weapon it’s in your best interest to spend a great deal of time reading through all of the laws that pertain to that specific weapon. Don’t forget that weapon laws can change from one county to the next.

Property Crimes

A surprising number of property crimes take place each year in California. The good news is that they appear to be decreasing. Two major California cities, Ventura and Fresno reported an impressive 10% decrease in property crimes in 2019.

It will be interesting to see how crime rates change in a post-Covid-19 world.

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Become Immune to Con Artists

Become Immune to Con Artists

Looking back, it’s easy to see the early warning signs that you were dealing with a con artist who was running some type of scam. The problem is that while the con is going down, a good con artist makes not only makes everything seem legit, the can also make it appear that not falling for their story would be downright silly.

The good thing is that there are some things you can do that will ensure you never become the victim of a clever con artist.

Give Yourself Time to Think

No matter how well you know someone, no matter how urgent a situation/deal seems, never agree to anything at the spur of a moment. Always give yourself some time to step back so that you can think about the situation.

Most con-artists know that triggering your emotions and convincing you to make a spur-of-the-moment decision is the best way to bilk you of money. That’s why they create scams that are designed to force you into making a spur-of-the-moment, emotional decision. A perfect example of this was a popular scam a few years ago where an elderly person would get a call from their “grandchild” who was in desperate need of bail money. 

If the person refuses to leave you alone long enough to marshal your thoughts, it’s likely a scam and you should immediately extract yourself from the situation.

Talk to Someone

Sometimes you’re simply too close to someone to see that they’re running a scam. When you aren’t sure if you’re being taken for a ride, the best thing you can do is talk to someone you trust and who has nothing to gain from the situation and get their impressions of the situation. 

Identify High-Pressure Sales Tactics

Con-artists and some salespeople use the same tactics. They take a high-pressure approach to marketing. Favorite tactics include:

• That the offer will only be available for a few minutes
• That it’s a one of a kind product/deal that’s in high demand
• That you’ll always regret not jumping at this opportunity

 
In most cases, once you fail to fall for the high-pressure sales tactic, the con artist either drops the conversation altogether and starts looking for a new victim or becomes a bully and tries to force you into taking their deal.

If they start bullying you, calmly call the police and request their assistance.

Trust Your Gut

Your instincts are your best resource when it comes to identifying a con artist. If they’re telling you that the person/situation isn’t good for you listen to them and remove yourself from the situation.

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What is Felony Stalking

What is Felony Stalking

While everyone knows that stalking is a crime, few realize that it can be a felony or a misdemeanor (and in some cases, the accused might be charged with both a felony and a misdemeanor.)

Every single state has stalking laws. While the nuances of stalking laws vary from one state to another, for the most part, each state has the same description of what can be considered stalking. As a rule, any behavior that can be considered prolonged harassment, an obvious attempt to frighten someone, the unwanted monitoring of a person, using proximity to threaten a person, or actions that lead to emotional distress is covered by stalking laws.

Anyone who engages in the following types of behavior will likely be charged and convicted of stalking in California:

• Going out of your way to follow a person
• Frequently showing up at locations where you know a specific person will be
• Using GPS to monitor a person’s movements
• Constantly filming/photographing someone without their permission
• Obsessively monitoring someone’s social media accounts, phone calls/texts, reading their emails, and studying their computer activities
• Going out of your way to gather as much information as you can about a specific person
• Leveling threats against a person or their loved ones (including pets) if they don’t spend time with you
• Instigating property damage
• Sending gifts and other forms of communication after you’ve been told to stop doing so

 
While it’s true that it can sometimes be difficult to determine when stalking crosses the line from a misdemeanor and becomes a felony, the general rule of thumb is that anything that seems more intense than simple harassment will likely be considered a case of felony stalking.

The exact punishment a person receives following a stalking conviction in California often varies from one case to the next. When handing down a sentence, the judge looks at a variety of factors, including:

• Your criminal history
• The type/intensity of the stalking episodes
• If the victim had a POP order that you ignored
• If anyone was hurt because of your actions

 
The sentence for a misdemeanor conviction can include spending a maximum of one year in county jail and being required to pay a fine that doesn’t exceed $1,000. In most cases, you’ll also be told that you’re legally required to stay away from your victim and that you’re also not allowed to contact them.

The sentence for a felony stalking conviction in California can include spending three years in state prison. If you have prior stalking convictions on your record, you could be sentenced to five years in prison.

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Preparing for a Custody Case

Preparing for a Custody Case

Sometimes relationships don’t work out. While it’s never easy when a couple decides they simply aren’t meant to be together, it’s significantly harder when there are children involved. Not only does sharing children mean that your now-former significant other will always be connected to your life, but it also means you have to prepare for a California custody case. 

The good news is that there are some things you can do to make the child custody case easier for you and your kids.

In a perfect world, you and your ex both agree that you want what’s best for your kids and are amicable enough that you can work together to create a custody plan. When you have to appear for a formal custody hearing, there’s a good chance that the judge will work with you to formalize the plan.

If you and your ex can’t work out a custody plan on your own things become complicated. In this situation, the judge will look at both parents and try to figure out a custody arrangement that’s best for your kids.
There are things you can do that increase the odds of things going your way.

Spend as Much Time With Your Kids as Possible

It’s likely that the separation has already taken a toll on how often you’re able to see your kids. Try to create a schedule that at least shows the judge you’re making an effort to spend time with your kids. If possible, try to work out a schedule that you can stick to that guarantees your kids will be with you on specific days and specific times. When you do have your kids, make the time you spend with your kids as high-quality and loving as possible.

What you don’t want to do is constantly turn your kids over to babysitters, daycare centers, and relatives when they’re supposed to be bonding with you. Once in a while is okay, but it shouldn’t be a regular thing.

Become Steady and Reliable

When it comes to choosing a custodial parent, one of the big things the court looks at is who is the more dependable parent. This means that once you make a commitment, you stick to it. Make sure you’re picking your kids up on time, taking them to medical appointments, and attending extracurricular activities.

Stay Clean

You don’t want to get into legal trouble while you’re in the middle of a custody battle. Many people have lost custody because they made one bad decision that led to a DUI. No matter how stressed you are or how badly you need a break, you need to remind yourself that your kids need you to be a responsible and law-abiding member of society.

Keep Detailed Records

The court is going to take a long, hard, and sometimes intrusive look at your personal life. You can make things easier for the court and yourself by keeping accurate and detailed records of the time you spent with your kids, your finances, and even your work history. The better your records are, the more likely it becomes that the court will rule in your favor.

The key to preparing for a custody case in California is presenting yourself as a level-headed, practical, and loving parent.

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Felony Animal Cruelty in California

Felony Animal Cruelty in California

It’s a story that broke the hearts of animal lovers all over Los Angeles. Local newspapers have been covering the story about a kitten who was thrown out in the trash. The fact that the kitten was considered a piece of trash is bad enough, the fact that it was also severely injured makes the story even worse.

The small calico kitten was rescued from the trash in October. When it was examined, a local veterinarian discovered that not only was one of the kitten’s legs currently broken, there was also evidence that the other leg had been fractured earlier healed badly. Additional injuries included a dislocated hip, bruised lungs, missing teeth, and several bruises and cuts. 

Sadly, this kitten’s story isn’t unusual. Every single year, California animal shelters to rescue and care for severely injured animals. What makes this case different is that police believe they’ve found the Lawndale man who is responsible for the kitten ending up in the trash. He’s been arrested and charged with felony animal cruelty.

In an interesting twist, the kitten provided the clue needed for the local police to arrest the man believed to be responsible for the kitten’s injuries. The most important lead in the case came from the kitten’s microchip.

While the Lawndale man was arrested, he didn’t stay in jail long before he was released on his own recognizance, meaning he didn’t have to pay any bail. He doesn’t have to appear in court until July 22 for his arraignment. Police records indicate that he’s been charged with two counts of felony animal cruelty and two misdemeanor counts of failure to properly care for an animal.

California lawmakers have taken a tough stance on animal cruelty. As a result, California has some of the strictest animal cruelty laws in the country. The issue of animal cruelty is covered in the California Penal Code Section 597. It states that anyone who knowingly tries to kill, injury, abandon, neglect, or even overwork an animal can be charged with animal cruelty. It’s important to note, that you don’t have to own the animal to face cruelty charges. The law is written in such a way that even individuals who are caught harming wildlife can be charged with felony animal cruelty.

If convicted of felony animal cruelty, the judge could sentence the Lawndale man to spend three years in prison and charge him a $20,000 fine. In addition, the judge could order the man to also cover the cost of the kitten’s expenses for the time the cat was in foster care and receiving medical attention.

If convicted of a misdemeanor for failure to care for an animal charges, the man could be required to pay a $1,000 fine and serve six months in jail.

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Laws Every Californian Should Know About

Laws Every Californian Should Know About

If you call California home, there are a few laws you should familiarize yourself with.

DUI Threshold Laws

Everyone knows that getting arrested for DUI is a serious, life-altering problem. The problem is that few people know what when they have crossed over the threshold from legally able to drive and become too drunk to drive.

It doesn’t matter if you are the kind of person who gets buzzed after a few sips or someone who really can hold their liquor, if you’re pulled over and your blood alcohol level is 0.08% or higher you will be charged with a DUI.

Data Privacy Laws in California

One of the great things about calling California home is knowing that you have a legal right to know exactly what type of data businesses collect about you and what they’re using it for. The California Consumer Privacy Act went into effect on January 1, 2020. 

The California Consumer Privacy Act is written in such a way that you:

• Can delete personal data a business has collected
• Block the sale of personal data
• Have the ability to learn exactly what data is collected/sold/shared/etc.

 

Comparative Negligence for Injuries

Don’t assume that just because you believe that someone is 99% for injuries they sustained during an accident, that they’ll be responsible for the bulk of their medical bills. That’s not quite how the law sees things in California.

California lawmakers created a comparative fault law that basically states that if you are in any way responsible for a person’s injuries, they (or their insurance company) can sue you for a portion of the expenses the individual incurred because of the accident. The good news is that once the court decides how much your actions contributed to the accident, that will be the amount you have to owe. 

For example, if a guest comes to your home while they are drunk and trips over a hose that you left stretched across the driveway and breaks their nose, the court might decide that the hose was only 20% of the reason they were injured. The other 80% of the injuries were connected to their intoxication. In this situation, you’d only be responsible for 20% of the medical bills.

Cell Phones and Cars

As a society, we’ve become addicted to our cell phones. They rarely leave our sight. We love how they provide us with a way to constantly be connected to everyone we care about. While no one has taken steps to separate us from our phones, California lawmakers have passed laws that are designed to keep you off your phone while you’re behind the wheel.

If you’re under 18 and driving, you’re not allowed to use your cell phone at all while commuting. Even the hands-free system is off-limits. If you do have to make a call or respond to a text, you’ll have to pull over and deal with the situation while your car is completely stopped.

If you’re over 18, you’re allowed to use the hands-free system of your choice, but you can’t have your phone in your hand. The first time you’re caught holding the phone while driving, you’ll be issued a ticket that will cost at least $76.

The one exception to using a handheld phone while driving is if you’re reporting an emergency to the police or fire department.

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Resisting Arrest in California

Resisting Arrest in California

Resisting arrest is usually an additional charge individuals discover they have to deal with after they’ve been arrested. 

What is Resisting Arrest?

The easiest way to think of resisting arrest is to consider it a catchall phrase/charge police use to describe basically any situation where a suspect fails to quietly submit to being arrested. Individuals who have also taken steps to make it difficult for the police to conduct a proper investigation have also found themselves charged with resisting arrest. 

The problem with resisting arrest charges is that they can sometimes be subjective and based on little more than the arresting officer’s attitude on a given day. Protesting when handcuffs are put on, balking when being loaded into the police car, and running when the police indicate they’re about to arrest you are examples of resisting arrest. The problem is that some people have been charged with resisting arrest because an officer felt they took too long to respond to a question or weren’t snappy when told to do something simple, such as presenting their hands to be cuffed.

Reasons officers have filed resisting arrest charges in California include:

• The individual provided false identification to the officer
• The individual deliberately prevented the officer from questioning a witness
• The individual knowingly interfered while the police were conducting surveillance
• The individual got in the way while the officer was arresting another person

 
The good news is that actually being convicted of a resisting arrest charge requires that a few things happen.

If the charge goes to court, the burden of proof lies with the prosecutor and arresting officer. To secure a guilty conviction, they have to:

Prove that you understood you were being arrested and that you were confident that the person doing the arresting was a police officer
That your acts of resistance were intentional and not triggered by confusion, miscommunication, fear, or intimidation
Show that the officer followed strict protocol during the arrest and didn’t do anything that encouraged you to resist

 

What Happens if You’re Convicted of Resisting Arrest?

Resisting arrest in California is considered a misdemeanor. If you’re found or plead guilty, the maximum sentence includes spending a full year in a county jail and being required to pay a $1,00 fine. When the judge gets ready to sentence you, they’ll look at things like the circumstances that led up to the resisting arrest charge, your criminal history, and even the arresting officer’s history. In many cases, the judge will ultimately opt to simply sentence you to misdemeanor probation and require that you pay some sort of fine.

Defending Yourself From a Resisting Arrest Charge

If you’re defending yourself from a resisting arrest charge in California, the first thing you need to do is align yourself with a good lawyer who will help you present a case. Possible defenses in a resisting arrest case include:

You were falsely accused
You didn’t understand what the police officer expected

 
Since witness statements are so important when it comes to defending against resisting arrest in California charges, you’ll want to address the issue while everyone still has a clear memory of the events.

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Get Your First Month Free

Get Your First Month Free

Due to how suddenly the need to pay bail can arise, many people simply cannot afford to post their loved one’s bail. Trying to bail someone out of jail can be very costly, usually several thousands of dollars. This large price can prevent many people from even trying to bail out their loved one. These people that gave up did not know about Cal Bail Bonds in Los Angeles.

Bail bonds on their own are 90% cheaper than paying for the bail itself. This is a huge savings, and can be enough to make bail affordable for some people. However, there are others who still need the price to be lower. That is why Cal Bail Bonds in Los Angeles offers a discount for clients.

Here at Cal Bail Bonds in Los Angeles, we understand how hard it can be to come up with the funds to pay for a bail bond unexpectedly. This is why we allow qualified clients the first month of their bail bond free. This means that clients with good credit do not have to make their first payment on the bail bond until a month after their loved one has been released from jail.

This makes bailing a loved one out of jail easy and affordable for our clients. They are able to use that first month to gather their bearing and begin putting money aside to make that first payment. Now, instead of being caught off guard by the need to post bail, they can plan for it while still being able to get their loved one out of jail quickly and easily.

This is just one of the ways that Cal Bail Bonds in Los Angeles makes bail bonds more affordable for Californians. We also provide customized payment plans for all clients, as well as offer an additional discount for qualified clients.

To learn more about how we make bail bonds more affordable, call 877-793-2254 or click Chat With Us now.

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Want to Bail Someone Out of Jail Quickly?

Want to Bail Someone Out Quickly?

When something bad happens, you want it to be over quickly. You do whatever you can to make things better. When you hear that your friend or family member has been arrested, you spring into action. You want to help your loved one get out of jail as quickly as you can. You do this by contacting the professionals at Cal Bail Bonds in Los Angeles.

Cal Bail Bonds in Los Angeles is a professional bail bond company that has been helping Californians since 1987. We have 30 years of experience that we can use to help our clients. This means that we know exactly how to help you get our loved one out of jail in no time. In fact, we can help people get out of jail in as little as 2 hours in some counties.

Often times, the longest part of bailing someone out of jail is waiting for the jail to process the bail bond, not getting the bail bond itself. Setting up a bail bond is easy with the right bail agent. A good bail agent will help their clients through the bail bond process and can have the paperwork finished and signed in just a few short hours.

The paperwork is then sent to the jail where it will be processed before your loved one is released. This can take a while, and depends on how big the jail is and how much paperwork the jail has at the moment. Unfortunately, at this point, all we can do is be patient and wait for your loved one to be released, which will happen.

If you want to get your friend or family member out of jail as quickly as you can, you need to talk to our agents here at Cal Bail Bonds in Los Angeles. We will get the bail bond ready to go quickly, and make the entire process easy for you.

To get started, simply click Chat With Us or call 877-793-2254 now.

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