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August 2015 Archives

Is "shoplifting" and "petty theft" the same?

"Shoplifting" merchandise valued at $950 or less from a commercial outlet carries the same penalties and can also be charged as a "petty theft".  But a shoplifting over $950 in value is grand theft which is a felony and therefore not the same. There may be other charges in a theft case like "burglary" which is the entry into a building with the intent to commit theft or other felony.  Commercial burgalries may also be misdemeanors if the value of items take is $950 or less.  Burglary of a residence is a felony and a strike under the 3 strikes law.  

Is injury required in a "Battery" case?

Injury is not required in a "battery" case.  A misdemeanor battery is without injury, and may simply be an unlawful use of force against another ....a rude or angry touching of the individual.  There are more serious charges that are felonies if there is an injury depending on the seriousness of the injury.  Battery can also vary in seriousness depending on the "victim".  If the "victim is a spouse or someone that you have had a romantic relationshipwith, then it is domestic violence and has greater consequences.  Additionally if the "victim" is a child, police officer, emergency personnel, teacher or other special person under the law, then penalties can also be greater as well as the charges.

Are DUI and BUI (Boating Under the Influence) similar offenses?

DUI and BUI (boating under the influence) are siminlar offenses when it comes to the charges and penalties.  The BUI charges and penalties are outlined in California Harbors and Navigation Code section 655.  It is unlawful to operate a motor propelled vessel or motor propelled pulled equipment ( e.g. water skiis, aquaplane or similar towed equipment) on the water while under the influence of alcohol, a drug or a combination of alcohol and a drug.  You may be arrested and charged with "Boating Under the Influence".  This law applies to any vessel with a motor, whether it is the prime source of propulsion or not including sailboats.  It does not apply to sailboats without motors, canoes, kayaks etc.

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