Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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In most cases, people are under no legal duty to report a crime. “Failure to report a crime” is generally not a crime in and of itself. This is true even if someone:
There are, however, two main exceptions to these general rules. These are:
Note that if a party does report crimes to law enforcement officers, and it is a false report of a crime, the false reporting is a California offense under Penal Code 148.5 PC.
The Child Abuse and Neglect Reporting Act, sometimes referred to as California’s “mandatory reporting law,” makes it a crime if certain professionals do not report instances of actual or suspected
Under this statute, mandatory reporters must tell of abuse and neglect victimization occurrences to:
And, this report of these types of crimes must be made within 36 hours of learning, or suspecting of, the abuse and/or neglect.
Examples of child abuse and child neglect under CANRA include:
CANRA lists over 50 different professionals that are “mandatory reporters” and are required to report of instances of actual or suspected child abuse and/or neglect. Some of these professionals include:
If a professional required to report under CANRA fails to do so, that person will be charged with a misdemeanor offense. As such, the crime is punishable by:
If a person fails to report, and an instance of abuse or neglect leads to death or great bodily injury, the person can be punished with:
The phrase “aiding and abetting” means helping another person commit a crime. In such cases, prosecutors can charge you as an aider and abettor when you:
Please note that aiding and abetting can be charged even if a person does not know in advance that a crime will be committed. Aiding and abetting may be committed as instantaneously as the crime itself. If a person becomes aware that a crime is being committed, and at that point encourages, facilitates or promotes its occurrence, the judge or jury can still find the accused guilty under an aiding and abetting theory.
Also note that as far as “encouraging, facilitating or promoting” an offense, there is no requirement that one’s conduct is a substantial factor in the offense. Liability attaches to anyone concerned, however slight.
Common examples of illegal acts under this statute include:
An aider and abettor generally faces the same criminal charges under California’s Penal Code as the direct perpetrator. If convicted, he typically also faces the same penalties. In a murder case, for example, an aider and abettor typically faces life in prison just as does the one who commits the actual killing.
Penal Code 148.5 is the California law making it a crime for a person to file a false report of a crime. Specifically, this section applies when a party makes a false report of a misdemeanor or felony criminal matter to a:
Penal Code 148.5 only applies when the person making the false report knows it to be false. (It does not matter whether the false statement leads to no criminal investigation.) It is always a defense if the person has a good faith belief that the report is true, even if that belief turns out to be mistaken.
Penal Code 148.5 PC makes it a misdemeanor to make a false report of a crime to the police force or other authorities. As a misdemeanor under the criminal justice system, a person convicted faces up to six months in county jail.
In some cases, the judge may grant probation with little or no actual jail time. In deciding how much jail time to impose, the judge will consider
18 U.S.C. 4 makes it a crime when a person who knows about a felony affirmatively conceals it and does not – as soon as possible – make it known to a judge or other person in U.S. civil or military authority. Penalties include fines and/or up to 3 years in prison.
Arrested? Contact our criminal law firm for a free consultation.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.