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Perjury Law Penal Code 118

Perjury Law

Perjury is defined as giving false information while under oath. There are four requirements to prove that you were committed said crime. You must actually make the statement, or used silence as a substitute for the statement. You knew that the information you gave was false. You must have been under an oath to tell the truth when you made the false statement. And the statement was used to affect a possible outcome. You can be charged for said crime when signing documents. In these written formats you may have written false information on to gain benefits. Another possible way to be charged with perjury is in court. When in court you can be charged with it if you are testifying in court and you provided false information.Perjury

Subornation of perjury

A offense that goes hand in hand with perjury is subornation of perjury. This is defined as convincing another person to commit perjury. The person who convinced the other to commit perjury will be charged with subornation of perjury. The person who lied will be charged with actual perjury.

Punishments for Perjury law

The crime is a straight felony, and the judge can either sentence you to either a felony probation along with a year in jail or state prison for up to four years. The judge has discretion on the outcome of the punishment so the judge will most likely consider earlier criminal records  and the circumstances of the case. If the perjury or subornation of perjury leads to the conviction and death to another then you will be charged with aggravated perjury that is punishable by death or life in prison without parole.

Defending against perjury Law

You can defend against the crime if there was a mistake or misunderstanding. If you said false information but did not do it willfully due to lack of understanding then the crime is not committed. Another defense is the lack of insufficient evidence to prove that the statement was false. However if the statement does not make sense and the jury believes it is false then the defense fails.

Mistakes are natural and can be just a simple misunderstanding. Having an attorney back you up can be crucial to fighting these cases.

Carrying a Concealed Weapon

Carrying a Concealed Weapon

You can be charged with Carrying a Concealed Weapon if you use a firearm in an act. Such firearms have to be small enough or discreet enough so that it can be concealed. Carrying the gun concealed within a vehicle you own, or you are in is prohibited. Having it concealed on you is also an illegal act. In California there is a no “open-carry” law making it illegal to carry an unloaded firearm in a public area. To be charged with carrying a concealed weapon there are three requirements. You concealed the actual weapon. You knew about the weapon. And that the weapon was purposely concealed. Firearms considered hide-able includes any gun that can be used as a weapon that has a barrel less than 16 inches, or can change the barrel to less than 16 inches and shoots a projectile by an explosion or combustion. These can includes tasers and flares regardless if they are used for emergencies or signaling. Carrying a Concealed Weapon is a wobbler crime. The charges can swing in either a misdemeanor or a felony depending on the circumstances and past criminal records.Carrying a Concealed Weapon

Defenses against Carrying a Concealed Weapon

You cannot be charged if you did not know about the weapon itself. Also if the gun was in the trunk or in a locked container that isn’t the glove box, you are not guilty of carrying a concealed weapon. However for the defense to work you have to have legal papers that entitled you to have a weapon. You also cannot be charged with carrying concealed weapons if you have the license to do so. It is legal to own a firearm if the gun was in a house or business you own. If the weapon was obtained during an illegal search and seizure then you are protected under your Fourth Amendment rights.

Having an attorney that knows the firearm laws can be pivotal to reducing charges against Carrying a Concealed Weapon.

Carrying a Loaded Firearm in Public

Carrying a Loaded Firearm in Public

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Carrying a Loaded Firearm in Public is a very technical offense. Simply carrying a loaded firearm in a street does not get you thrown in jail. The gun must be loaded, and the case has a charge of powder and a bullet, and is attached to the actual gun. Firearms is defined as a device that is used as a weapon that fires a projectile through a barrel by an explosion or combustion. Guns, rockets, tasers all fall under the firearms category. Pellet guns and BB guns do not count as firearms however.

Some people are exempt from this crime however. These people have legal rights to carry a loaded firearm in public. Peace officers current or retired. Federal law enforcement agencies such as IRS, FBI, etc. Members of the military. People who completed a regular course in firearms training, like zookeepers. Recreational shooters if you are using a target for practice, or on a hunting premise. having a permit to carry a concealed firearm grants immunity to it as well. Guards and private investigators have guns under certain conditions. Business owners and private property owners as long as they’re on that property.Carrying a Loaded Firearm in Public

Punishments for Carrying a Loaded Firearm in Public

Getting caught with carrying a loaded firearm in public will make you face a probation, a year in county jail, and or up to a $1000 fine. If you had a prior misdemeanor crime against a person or property of a drug crime law, or not the actual owner of the gun,  then the case becomes a wobbler. A wobbler means it can become a felony or a misdemeanor. If convicted as a felony, the same fine applies but the prison sentence can be up to three years. These charges can become more severe if you had an earlier offense under gun laws. If you know the gun is stolen. unlawfully having the gun if prohibited from owning one. Or if actively involved in a criminal street gang.

Wobbler Crimes in California

Wobbler Crimes

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Wobbler Crimes are crimes that can become either a misdemeanor or a felony. Whether or not it swings to either side depends on the real crime itself and criminal history. Most likely when it is your first committing an offense, or it is minor, you are more likely to see it become a misdemeanor. However the opposite may happen as well. If you  have a bad criminal history and the facts are severe, it can become a felony.Wobbler Crimes

The reason why wobblers crimes can be important is because many privileges can be revoked if you are charged with a felony. If a crime was charged as a misdemeanor, then you can keep some of the rights. Example of these privileges can include the right to own or posses firearms. Being able to say that you have never been convicted of a felony is also important when it comes to applying for jobs, and housing. When a crime is charged as a wobbler crime, and then it swings towards a felony, it fulfills a need for petition. The second requirement needed to petition is that you are on probation.  Petitioning a felony wobbler can cut it down to misdemeanor. In some cases you can expunge a criminal conviction. This is important because being an ex-felon can impede on certain privileges. If the crime was charged as a straight felony however, it cannot be petitioned.

The different types of crimes that can be charged as wobblers include, but are not limited to. Burglary, assault with a deadly weapon, spousal battery, sex crimes, and fraud charges. All the crimes that can be convicted as wobblers deal with small crimes that do not not cause serious injury to another person. It also does not deal with large sums of money loss.