Monder Law Group - News

Understanding California’s Sex Offender Registration Requirements

It’s no secret that California is one of the most rigorous U.S. states when it comes to sex crimes. This rigor is reflected not only in severe penalties, but also in the convict’s legal obligation to register in the California Sex Offender Registry – a permanent and public record available for everyone to see.

What’s more, failure to register as a sex offender can have severe repercussions – including new felony charges, fines, and imprisonment. While an experienced attorney in San Diego can help protect your rights and explore defense options – even potential removal from the registry – understanding said obligations is crucial to avoiding further complications.

What makes you a sex offender in California?

In simplified legal terms, a “sex offender” is any person convicted of a qualifying sex crime(s) and, as such, required to register with the local law enforcement under the California Penal Code (PC) §290.

What is Penal Code 290 in California?

California PC § 290, more commonly known as “Megan’s Law”, is the state’s primary Sex Offender Registration Act. Under PC § 290, individuals convicted of certain sex offenses are legally obligated to register with law enforcement in the jurisdiction where they reside, work, or attend school.

The primary purpose of this registration is to help law enforcement monitor individuals who are considered a potential risk to the public. However, arguably the biggest impact of PC § 290 is that it defines the regulations for registration and posting categories for registered sex offenders on the Megan’s Law website.

What is the Megan’s Law website?

Established and managed by the California Department of Justice, the Megan’s Law website is a public online database containing information about registered sex offenders, including their names, photos, addresses, offenses, and risk levels. 

As noted, this registry is public – meaning that anyone can access it to search and obtain information about registered sex offenders in their area, helping individuals protect themselves and their loved ones from potential sexual harm.

Do all sex offenders have to register in California?

Registration is required for the majority of sex offenses – but not all of them. Per CA PC § 290, registration can be mandatory or discretionary, depending on the jurisdiction and specific circumstances of the crime.

• Mandatory registration is triggered automatically upon sentencing for certain sex crimes. The sentencing judge has no discretion to waive or modify the registration requirements – meaning that the defendant must register, regardless of the circumstances.
• Discretionary registration is pursuant to CA PC § 290.006, and triggers if the crime was committed “as a result of sexual compulsion or for purposes of sexual gratification.” The judge has the authority to waive or modify the registration terms, depending on whether the defendant poses a risk to public safety or not.

In addition, California uses the Three-Tiered Registration system to determine how long someone stays on the registry: 10 years, 20 years, or for life – meaning that registration always has long-term consequences.

Which crimes require mandatory sex offender registration in California?

Under PC § 290, some offenses nearly always trigger mandatory registration – regardless of the sentencing outcome. Some examples include:

• Murder (PC § 187), kidnapping (PC § 207 & §209), and assault (PC § 220) commited with the intent to commit sexual offense
• Rape (PC § 261)
• Lewd acts with a minor (PC § 288)
• Sexual penetration by force (PC § 289)
• Child pornography (PC §§ 311.1 – 311.11)
• Sodomy with a minor (PC § 286)
• Oral copulation with a minor (PC § 287)
• Aggravated sexual assault of a child (PC § 269)
• Incest involving minors (PC § 285)
• Continuous sexual abuse of a child (PC § 288.5)
• Sex trafficking of a minor (PC § 236.1)

Who’s the leading failure-to-register as a sex offender attorney near me in San Diego?

From Little Italy to San Carlos and beyond, you won’t find anyone better to defend your rights in sex offense cases than Monder Criminal Lawyer Group. With extensive knowledge of California laws and a team of highly experienced professionals, we have everything necessary to give your case the best chance of a positive outcome. Reach out to us today for a confidential, no-obligation consultation!

Monder Law Group - News

Sex Offender Registration in California: Three-Tiered System & Registration Window Explained

2021 marked a dramatic shift in California sex offender registration laws, abandoning mandatory lifetime registration for each and every sex offense (regardless of severity) in favor of a more measured and structured three-tiered system.

Although the new system is more lenient on how long a person must remain on the registry, that doesn’t mean it’s forgiving. The repercussions of sex crimes sentencing are still sky-high and long-term, especially when it comes to the most severe offenses.

As any good defense lawyer in San Diego will tell you, failure to register as a sex offender or to fulfill other related legal obligations can quickly net additional felony charges, fines, and prison time. 

To make sure that doesn’t happen, as well as not to jeopardize your chance to be taken off the sex offender registry, it’s essential to understand how the registration requirements work under the new system.

What is California Senate Bill 384?

Introduced in 2021, Senate Bill 384 (SB 384) reformed the California sex offender registration requirements. Prior to the adoption of SB 384, nearly all offenders were required to register for life – regardless of the severity of the crime.

The new Three-Tiered system redefines how long a person must remain registered and terms of eligibility for removal from the California Sex Offender Registry, by classifying sex offenders into three groups (“Tiers”), based on the following factors:

• Offense severity;
• Risk level;
• Compliance history.

Do note that the new law still applies to most individuals required to register under CA PC § 290 (“Megan’s Law) – this classification’s primary goal is to enable law enforcement agencies to easily differentiate between lower-risk and higher-risk offenders.

What are the levels of sex offenders in California?

As noted, under SB 384, registrants are classified into three tiers:

Tier 1: Low-level offenses

• Applies to: Individuals convicted of most misdemeanor and non-violent felony offenses
• Registration period: 10 years (5 years for juveniles)
• Eligible to petition for removal: Yes, after the minimum period and if compliant

Tier 2: Mid-level offenses

• Applies to: Individuals convicted of more serious felonies or repeated offenses
• Registration period: 20 years (10 years for juveniles)
• Eligible to petition for removal: Yes, if no violations occur during this time

Tier 3: High-risk or violent offenses

• Applies to: Individuals convicted for the most serious sex crimes (e.g., rape, aggravated sexual assault of a child), or sexually violent predators
• Registration period: Lifetime
• Eligible to petition for removal: No (unless under specific, extremely rare circumstances)

What are the requirements of a 290 registrant in California? 

Even with the introduction of SB 384, the registration requirements for individuals convicted under CA PC § 290 haven’t changed. All registrants must still provide valid and detailed personal information, including:

• Full personal info (legal name and aliases, date of birth)
• Full physical description (race, gender, ethnicity, eye and hair color, height, weight, scars, tattoos)
• Current and last known physical addresses
• Employment and school information
• Email addresses and online screen names
• Vehicle and license plate details
• Fingerprints and current photographs
• Description of the offense (offense code, year of conviction/release)

In addition, registered sex offenders are obligated to keep all information current and accurate. Failure to do so can (and typically does) result in a new felony or misdemeanor charge under CA PC § 290.018.

How long do sex offenders have to register in California?

Regardless of the tier, sex offenders must register with the relevant authorities in their jurisdiction within 5 working days of:

• Being released from custody
• Moving to a new residence
• Changing their legal name
• Changing schools or places of employment
• Their birthday (annual re-registration)

Needless to say, this 5-day window is strict and applies even to registrants who have not been sentenced to prison (e.g., received probation).

Where can I find a proficient failure-to-register as a sex offender lawyer near me in San Diego?

Whether you’ve missed your registration window or require a comprehensive, from-start representation, Monder Criminal Lawyer Group will ensure that your voice is heard and your rights are upheld. We serve the entire San Diego area, from North Park to the farthest outskirts, so don’t hesitate – get in touch with our experts today and let us help you secure a brighter tomorrow!

Monder Law Group - News

Penalties for Sex Crimes in California: A Comprehensive Breakdown

California is known to impose some of the most severe penalties for sex-related crimes in the entire country. Virtually every offense – even a misdemeanor – can result in lengthy prison time, hefty fines, and mandatory sex offender registration.

Due to the intrinsic complexity of the State’s laws and the long-term consequences sentencing can have on a person’s life, anyone accused should immediately seek help from an established sex crimes defense attorney in San Diego.

Early intervention can sometimes lead to reduced charges, dismissal, or a more favorable plea deal. However, first, it’s critical to understand just how detrimental being sentenced as a sex offender in California can be.

What is the penalty for sex offenders in California?

Potential penalties for sex crimes in California may vary based on a number of factors, including:

• Nature of the crime;
• Age of the victim;
• Use of force or coercion;
• Prior criminal history;
• Whether the offense involved a minor or vulnerable person.

Based on these factors, the sex crime can be either a misdemeanor, a wobbler, or a felony. Let’s observe how penalties are structured for each category.

Penalties for misdemeanor sex crimes

While generally considered the least severe of all, misdemeanor sex offenses are still considered anything but minor – both in the eyes of the public and the law. Typical penalties include:

• Up to 6 months in county jail;
  • (conditional) up to 1 year in county jail;
• Fines of $1000 to $2000;
  • (conditional) up to $5000;
• (possible) Probation up to 5 years;
• (possible) Registration as a Tier 1 sex offender;
• (possible) Mandatory counseling or sex offender treatment programs.

Depending on the circumstances of the case and the defendant’s prior criminal history (including all past offenses, not just sex-related ones), some misdemeanors may be eligible for diversion programs or probation.

Penalties for wobbler sex crimes

“Wobbler” simply means that the crime can be charged as either a misdemeanor or a felony. The decision on how to charge rests with the judge and prosecution, based on factors such as the defendant’s intent, age/condition of the victim, level of coercion, etc. Penalties for these crimes are generally more severe, and typically include:

• Jail time:
  • Up to 1 year for misdemeanors;
  • 16 months to 4 years for felonies;
• Fines up to:
  • $1,000 for misdemeanors;
  • $10,000 for felonies;
• Mandatory registration as a sex offender (usually Tier 1 or Tier 2);
• (possible) Probation up to 5 years, and:
  • (conditional) Mandatory counseling or sex offender treatment programs.

Penalties for felony sex crimes

These crimes are considered the most serious of all and, accordingly, carry the harshest penalties, including:

• Minimum of 3, 6, or 8 years in state prison;
  • (circumstantial) longer prison time;
  • (in extreme cases) Life imprisonment;
• Fines ranging from $10,000 to several hundred thousand dollars;
• Mandatory lifetime registration as a sex offender (Tier 3);
• Probation may be granted instead (extremely rare) or in addition (more likely) to prison time;
• Parole restrictions;
• (circumstantial) Ineligibility for early release;
• (circumstantial) 1 strike under the Three-Strikes Law, increasing penalties for future convictions.

Finally, it must be noted that multiple felony convictions can stack, potentially resulting in a prison term of up to 100 years.

What is the sentence for first-time sex offenders in California?

In California, even first-time offenders are seldom given the leeway – or the benefit of the doubt. Those accused of sex crimes can still expect the same sentences as noted above, again, depending on the nature of the charge and severity of the crime.

That being said, judges may consider mitigating factors (e.g., no prior convictions, the defendant’s cooperation, consent issues, etc.) when determining the sentence, which may result in less severe penalties – but the outcome often hinges on your lawyer’s prowess and strategy.

Who’s the most dependable sex crimes defense attorney near me in San Diego?

Looking for a proven legal team that will fight for your rights, tooth and nail? Look no further than Monder Criminal Lawyer Group – the leading defense attorneys anywhere from North City to Tijuana River Valley.

With decades of experience, proven defense strategies, and extensive knowledge of California’s most recent sex crime laws, we’ve helped individuals accused of the most severe offenses reach the most favorable conclusion. Reach out today and let our team do the same for you!

Monder Law Group - News

Combating Sex Offense Charges in California

Being charged with a sex crime is a grave issue anywhere in the US. In California, however, the situation is even more dire. The state’s laws are known to be unforgiving, even for first-time offenders, and even low-level offenses can have long-term, life-altering consequences.

Needless to say, the stakes in these cases are beyond high. Fortunately, the burden of proof is still upon the prosecution, and there are powerful defense strategies an experienced sex crimes defense lawyer in San Diego can employ for the most favorable outcome.

What must the prosecution prove to obtain a conviction for sex crimes in California?

In any criminal case in the US, the prosecution must prove guilt beyond a reasonable doubt – i.e., the evidence must be irrefutable. For sex offense cases in general, this means proving all of the following elements characteristic of a sex crime:

1. The sex act occurred (e.g., intercourse, touching, exposure);
2. The act was unlawful (e.g., non-consensual, involving a minor);
3. The defendant acted with intent (e.g., arousal, gratification, abuse);
4. The defendant acted knowingly (e.g., they were aware that the sexual act was unlawful or that the victim was a minor).

A critical note on points #3 and #4: The statute defines some offenses as “strict liability crimes”. In these instances, proving intent or knowledge may not be required to obtain sentencing.

What does the prosecution have to prove to apply the sentencing enhancement?

When there are aggravating factors present in the case, some sex crimes can be subject to sentencing enhancements. This can result in significant incarceration time added atop the original sentence – sometimes even decades.

To apply the enhancement, the prosecution must prove case-specific facts separately from the original 4 mentioned above, such as:

• The use of force, violence, or coercion;
• The victim being under a certain age;
• The existence of prior sex crime convictions.

Of course, these factors must also be proven beyond a reasonable doubt in order for enhancement to apply.

How do you defend against sex crime charges?

For it to be viable and effective, the defense strategy must be tailored to the unique circumstances of the case. Experienced attorneys often use a combination of the following tactics:

• Consent defense: If the alleged victim was of legal age and capable of consenting, the defense can argue that the act was consensual.
• Alibi defense: Presenting evidence that the accused was somewhere else when the crime occurred.
• Mistaken identity: This is a rare case, but the defense may argue that the accuser misidentified their client as the perpetrator.
• Challenging evidence:
  • Suppressing forensic evidence: The defense may challenge the reliability and validity of forensic evidence, such as DNA analysis or fingerprints.
  • Suppressing illegally obtained evidence: If law enforcement obtained evidence by violating the defendant’s constitutional rights (e.g., unlawful search and seizure), the attorney may move for the dismissal of that evidence.
  • Insufficient evidence: The defense may argue that the existing evidence isn’t sufficient, credible, or strong enough to prove guilt beyond a reasonable doubt.
• False allegations: These are among the most difficult to prove, but a good attorney may find a way to present evidence suggesting the accusation is fabricated or pointing out the lack of corroborating evidence
• Challenging the accuser’s credibility: In many cases, especially those that lack physical evidence, the prosecution relies heavily on the accuser’s testimony. This makes credibility a central issue, which a defense lawyer can challenge by highlighting inconsistencies and contradictions in the accuser’s testimony (e.g., proving motive such as jealousy, revenge, or desire for custody).

Where can I find a proven sex crimes defense lawyer near me in San Diego?

If you’re looking for some of the finest criminal defense attorneys north of the Tijuana River Valley, Monder Criminal Lawyer Group should be your first choice. Our specialists have decades of experience and always stay up to date with the most current legal developments regarding sex crime laws, enabling them to find the most viable and effective defense strategies. Reach out to us today for a free, confidential consultation.

Monder Law Group - News

New Developments in California Criminal Law Regarding Sex Crimes

California is one of the most dedicated states when it comes to abolishing sex crimes. This fact is reflected in the borderline extreme severity of sentences for related offenses and constant and consistent updates to its criminal laws, especially considering the emergence of new, previously unseen threats such as AI-generated sexual abuse material.

Today, we’ll highlight some of the most impactful legal changes pertaining to sex offenses, both effective and proposed, explaining what they mean for individuals accused or affected by the allegations – particularly those considering seeking guidance from a reputable sex crimes criminal defense lawyer in San Diego.

What are the changes in California sex crimes law in 2025?

As of January 1, 2025, California has implemented several changes to its sex crimes laws. These updates intend to protect vulnerable populations from sexual exploitation and the emerging threat of AI-generated materials, as well as close several legal loopholes that have gone unaddressed for too long.

Changes to laws on AI-generated sexual abuse materials

SB 926: Deepfakes

“Deepfake” refers to any media (i.e., image, video, audio) generated by artificial intelligence to realistically mimic a real person’s appearance, voice, or actions. Advancements in AI technology have made these synthetic materials hyper-realistic and nearly impossible to detect, opening new avenues for misuse, manipulation, and abuse. Senate Bill (SB) 926 amends §647 of the California Penal Code, making it a crime to create, distribute, or cause such materials to be distributed, especially if said materials depict minors.

AB 1831: AI-generated child sexual abuse material

Assembly Bill (AB) 1831 closes a major legal loophole by making it illegal to create, possess, or distribute AI-generated sexual abuse materials depicting children, even if the children in question are not real (i.e., their likeness is completely AI-generated).

Changes to laws on sexual exploitation and abuse on social media

SB 981: Sexually explicit images in social media

This Bill mandates that social media platforms introduce mechanisms to allow California residents to report sexually explicit materials that have been digitally altered or AI-generated to appear authentic. In addition, social media companies are obligated to take down the reported content while the complaint is being investigated.

AB 1394: Sexual exploitation on social media platforms

Per AB 1394, social media companies are now liable for sexual exploitation photos and videos posted on their platforms. Victims of child trafficking can sue these companies for up to $4 million in damages, if they in any way and knowingly facilitated the dissemination of such content.

In addition, and similarly to SB 981, social media companies are required to establish mechanisms for reporting sex abuse content and to remove said content from their platform within 36 hours of reporting.

Changes to laws on sexual exploitation and abuse (general)

SB 1414: Solicitation with a minor

Soliciting a minor under 16 is now a felony offense, even if the sexual act didn’t actually occur. Additionally, if the minor is 16 or 17, the offense becomes a wobbler, upgradable to felony if the minor was a victim of trafficking.

AB 848: Expansion of sexual battery definitions

(Introduced) May 7, 2025 (currently in committee)

Sexual battery now includes acts against individuals who are:

• Unlawfully restrained;
• Institutionalized for medical treatment;
• Severely disabled;
• Medically incapacitated.

AB 848 also addresses cases where the victim didn’t understand what was happening due to the perpetrator lying or tricking them into committing the sexual act.

SB 680: Addresses the sex offender registration loophole

(Introduced) April 9, 2025 (currently scheduled for 3rd reading)

If this bill becomes law, any adult convicted of illegal sex with a minor will be obligated to register in California’s Sex Offender Registry, even in cases where mandatory registration was previously not required.

Where can I find a specialist sex crimes criminal defense lawyer near me in San Diego?

Monder Criminal Lawyer Group offers strategic and personalized legal representation to individuals facing charges of sex crimes in San Diego. With extensive knowledge on the subject matter and a team of highly experienced attorneys, we’re capable of exploring every avenue of defense and ensuring your case has the best chance of a successful outcome. Reach out today to schedule a free, no-obligation consultation at our offices near The New Children’s Museum and let us make sure your rights are upheld.

Monder Law Group - News

Sex Crimes in California: Legal Definition & Elements of the Offense

Not only in California and not only in the USA – but in the entire world – sex crimes are universally considered as some of the most despicable ones, especially if they are unconsensual and/or involving a minor. Prosecutors, courts, police, the general public – everybody treats these cases with the utmost seriousness. 

Due to the severity of many of these crimes, individuals charged with any of these offenses need the help of the best sex crimes criminal defense attorney in San Diego to even stand a chance in court. For all the reasons noted above, it is imperative to understand exactly what constitutes a sex crime in California.

Is California strict on sex offenders?

In short, yes – California has some of the strictest laws in the nation when it comes to sex crimes. Many offenses carry mandatory minimum sentences, courts are known to often impose much harsher penalties than for other crimes in the same severity rank, and even misdemeanor offenses can have lifelong consequences, such as mandatory registration under CA PC §290 (Megan’s Law). Therefore, saying that California is “strict” on sex offenders is a gross understatement.

What is considered a sex crime in California?

While the California legal system does not have a single, unified definition of a “sex crime”, we can extrapolate it from the broader context of California’s Penal Code. To make it easy to understand the elements of the crime, we’ll immediately break the definition down into its core constituents:

• Sex crime is:
  • any willful and unlawful sexual act, 
  • committed with the intent of sexual gratification, arousal, or abuse, and
  • by means of force, threats, fraud, or coercion,
  • without the consent of the other person, 
  • involving a minor, or violating public decency laws.

Consequently, the prosecution must prove the existence of these elements beyond a reasonable doubt to secure a conviction.

What are the sex laws in California?

Depending on the severity, age of the victim, use of force, and prior criminal history, sex crimes in California may be classified as misdemeanors, “wobblers”, or felonies. Here’s the list of offenses with brief definitions and governing legislation:

Misdemeanor Sex Crimes

• Indecent exposure (PC § 314): Knowingly exposing one’s genitals in public (or convincing/assisting other to do so) to offend or sexually gratify.
• Solicitation (PC § 647(b)): Offering to engage in lewd conduct or prostitution for compensation.
• Prostitution (PC § 647(b)): Engaging in or agreeing to engage in sexual activity for compensation.
• Lewd conduct in public (PC § 647(a)): Touching oneself or another with sexual intent in a public place.

Wobbler Sex Crimes

• Sexual battery (PC § 243.4): Non-consensual touching of intimate parts of another person for sexual purposes (charged as a misdemeanor or felony depending on the circumstances).
• Statutory rape (PC § 261.5): Consensual sex with a minor under 18 (the severity of the penalties is determined based on the age gap).
• Possession of child pornography (PC § 311.11): Knowingly possessing materials depicting minors engaging in or simulating sexual acts.
• Improper touching of a child (PC § 288 or § 647.6, depending on age and conduct):  Committing lewd or lascivious acts with a minor under the age of 14.

Felony Sex Crimes

• Forcible rape (PC § 261): Sexual intercourse without consent, accomplished by force, fear, or fraud.
• Spousal rape (PC § 262): Non-consensual intercourse with a spouse by force or threats.
• Date rape (typically persecuted under PC § 261): A form of forcible rape involving incapacitation (usually via “date rape” drugs) or lack of valid consent.
• Illegal Acts of sodomy (PC § 286): Non-consensual sodomy or sodomy with a minor or disabled person.
• Pimping and pandering (PC §266h – 266i): Profiting from or encouraging someone to engage in prostitution.
• Distribution of child pornography (PC § 311.2): Knowingly distributing, offering to distribute, or enabling others to distribute materials depicting minors engaging in or simulating sexual acts.

It should also be noted that California recently enacted a set of laws specifically focused on digital and AI sex crimes

Where can I find a dedicated sex crimes criminal defense attorney near me in San Diego?

Combating the sex crime charges can be extremely difficult, as the general standard is to treat the defendant as “guilty until proven otherwise”. At Monder Criminal Lawyer Group, we work on the reverse notion – “innocent until proven guilty”.

We have extensive and hands-on experience in all facets of California’s criminal law, and we’re ready to put it all to good use to ensure the best possible outcome of your case. Reach out to us today to schedule an appointment at our offices near Embarcadero Marina Park North and get your free, no-obligation consultation.

Monder Law Group - News

The Legal Implications of Carrying a Loaded Firearm in California

Under the Second Amendment, a U.S. citizen has the right to keep and bear (i.e., own and carry) firearms. However, this right is neither absolute nor unlimited. In the interest of public safety, the State can impose restrictions on this right – and California is the strictest of them all.

Given the complexities of CA’s gun control laws – and the severe ramifications for breaking them – consulting an experienced criminal defense lawyer in San Diego is highly advised if you’re facing charges of carrying a loaded firearm (and other related offenses).

In addition, it is also highly beneficial to familiarize yourself with the legal implications of carrying a loaded firearm in California as seen through the lens of CA Penal Code §25850 – which is exactly what this guide will help you do.

What is Penal Code 25850 in California?

The CA PC §25850 defines the offense of carrying a loaded firearm and the penalties for committing it. Under this law, a person is guilty of the crime if the persecution proves (beyond reasonable doubt) all of the following elements:

1. Possession: The offender carried a loaded firearm on their person (“direct possession”) or in their vehicle (“constructive possession”);
2. Knowledge: The offender was aware of the presence of a loaded firearm;
3. Public place: When carrying a firearm, the offender was in:
   1. Any public place (generally defined as an area accessible for anyone who wishes to enter for business, recreation, common use, etc.), OR
   2. Any public street in an incorporated city and county, OR
   3. Any public place or street in a prohibited area of an unincorporated city and county.

An important point of note is that CA PC §25850 applies to both the cases of open or concealed carry.

What counts as a loaded firearm?

Per California law, the firearm is considered “loaded” if there’s an “unexpended cartridge or shell” (i.e., live ammunition capable of being fired) in the firing chamber, magazine, or a clip attached to the weapon.

Note that, under CA PC §25850, the firearm’s operability is not a determining factor for guilt. In other words, the firearm does NOT have to be in working condition for the law to apply – the only factors that matter are that it was loaded and designed to be used as a weapon.

Who is allowed to carry a loaded firearm in California?

California law does allow for some exceptions to PC §25850 to a larger or lesser extent, including:

• Peace officers (state or federal; active or honorably discharged);
• Military personnel (on active duty);
• Authorized security guards;
• Money transportation personnel;
• Valid CCW licence holders (certain limitations may apply);
• (conditional) Private investigators;
• (conditional) Zookeepers (any ZOO, not just the San Diego ZOO);
• (conditional) Animal control personnel.

If the offender falls under any of the above categories and meets the exception criteria, there is a possibility that they be exempt from persecution.

Which criminal defense lawyer near me in San Diego specializes in cases involving carrying a loaded firearm?

Monder Criminal Lawyer Group houses some of San Diego’s finest, most experienced defense attorneys – who are also passionate gun enthusiasts. As such, we understand full well what’s at stake when it comes to gun charges under California law.

We’re unyielding in our pursuit of justice, and we’re known to explore every legal avenue to give our clients the best chance of a positive outcome. In addition, we don’t shy away from even the most difficult cases, so whether you have prior gun convictions or not, we’re ready to provide aggressive and personalized defense for your firearms-related case. Contact us today for a free, no-obligation consultation!

Monder Law Group - News

Carrying a Loaded Firearm in CA: Penalties & Defenses

Out of all 50 states, California is by far the strictest when it comes to gun control laws (followed closely by New York, New Jersey, and Illinois). Needless to say, that automatically implies much harsher penalties for the offenders.

Today, we’ll be exploring different facets of California gun laws, from basic penalties to possible enhancements to valid defense strategies, to help you fully familiarize yourself with the gravity of this offense.

Still, given the severity of the potential consequences those charged with carrying a loaded firearm face, it is critical to seek legal guidance from the best criminal defense attorney in San Diego you can find. 

What happens if you get caught carrying a loaded gun in California?

Carrying a loaded firearm on one’s person or in a vehicle constitutes a violation of the California Penal Code (PC) §25850 and may be subject to a range of penalties, from hefty fines to lengthy jail time, depending on how the case is tried.

Is 25850 PC a felony?

Breach of CA PC §25850 is a “wobbler” offense, meaning that it can be tried either as a misdemeanor or a felony (based on the circumstances of the case), with respective penalties being as follows:

• PC §25850 as misdemeanor: Up to one year in county jail, a fine of up to $1,000, or both. In addition, the court may impose summary probation.
• PC §25850 as a felony: 16 months, two years, or three years in state prison, a fine up to $10,000, or both. The court may (and typically does) impose formal probation (post-conviction), upon which completion the felony may be reduced to a misdemeanor.

Whether the PC §25850 is elevated to the status of a felony (from a misdemeanor) depends on the presence of aggravating factors, which include:

• The existence of prior convictions for certain serious offenses (e.g., drug-related, violent, other firearm-related offenses, other felonies, etc.).
• The safety of the community has been jeopardized.
• The carried firearm was stolen.
• The offender is an active gang member.
• The carried firearm is unregistered or otherwise in illegal possession.

In addition to the aforementioned penalties, a felony conviction can have long-term implications on the offender’s Second Amendment rights. As per CA PC §29800, convicted felons are prohibited from owning or carrying firearms, and violation of this prohibition can lead to additional charges.

What are the defenses against PC §25850 charges?

Individuals charged with carrying a loaded firearm have several potential avenues of defense, which involve proving beyond reasonable doubt:

• The firearm was NOT loaded: If the firearm was not loaded, there are no grounds for conviction under PC §25850. However, the defendant may still be convicted under PC §26350 (Openly Carrying an Unloaded Firearm) or PC §25400 (Carrying a Concealed Weapon).
• Lack of knowledge: The defendant was not aware of the presence of a loaded firearm on their person or in their vehicle.
• 4th Amendment violation: Proving the firearm was discovered by law enforcement through an illegal search and seizure can lead to the suppression of the evidence and the potential dismissal of charges.
• (Self-) Defense: This can be a viable strategy if the defendant reasonably believed that, by carrying a loaded firearm, they could’ve prevented harm to self or others.
• Legal exception: Proving that the defendant falls under one of the categories that are exempt from being prohibited to carry a loaded firearm (e.g., active military or law enforcement personnel, owner of a valid CCW license, security guard, etc.).

I was charged with carrying a loaded firearm. Which criminal defense attorney near me in San Diego should I hire?

Whether you’re in Downtown San Diego or one of the surrounding areas, Monder Criminal Lawyer Group should be your go-to for any case involving criminal defense. Our team specializes in different aspects of California criminal law, and we have ample experience handling even the most difficult cases. Reach out to us today for a free consultation, and let’s create a strategy that’s ideal for your circumstances!

Monder Law Group - News

Caught with a Firearm at a California Airport, Pt.1: Understanding Charges & Penalties

For reasons that are beyond justified, The Golden State has borderline-extreme rules and regulations when it comes to weapons at its airports – and breaking even a single one can lead to hefty fines and even incarceration.

As such, if you’re caught carrying a (loaded) firearm at a California airport, you will need to fully understand the implications of these charges. This guide will provide the basics, but it is highly recommended to enlist the help of an excellent criminal lawyer in San Diego, as being sentenced for this offense carries severe repercussions.

What does possession of a weapon mean?

Before we get into the airport-specific cases, let’s first define the “possession of a weapon”, specifically a firearm. California law defines two instances of possession of a weapon:

• Direct possession entails holding a weapon or having it on one’s person (i.e., in a holster, pocket, etc.).
• Constructive possession means having the ability to exercise immediate control over a weapon, even if it is not in the person’s direct possession of a weapon (e.g. when the weapon is stored in a suitcase).

Now we can address specific instances of the “weapon” being a (loaded) firearm.

What is the penal code 171.5 B in California?

California Penal Code §171.5 is the primary piece of legislation that criminalizes possession of a weapon at any type of passenger vessel terminal. Subdivision (b) (i.e., CA §171.5(b) PC) specifically makes it unlawful to bring any weapon (firearms included) to the areas beyond the TSA checkpoints, otherwise known as “sterile areas” of the airport.

Failure to comply with these requirements can result in fines of up to $1,000, imprisonment in a county jail for up to 6 months, or both. However, it must be noted that these provisions are cumulative, pursuant to CA §171.5(g) PC. 

This means that the potential sentence can be compounded by the application of other laws, specifically Penal Code sections §25850 and §30605, as well as with the Federal Code 49 U.S.C. §46505.

What is the Penal Code 25850 in California?

CA §25850 PC makes it a crime to carry a loaded firearm on one’s person in any public space and, especially, in any public space within a prohibited area – in this case, any part of the airport. Under this statute, carrying a loaded weapon into an airport – even unintentionally – can result in charges under this section, cumulative with the CA §171.5 PC. 

What is the penal code for machine gun in California?

California Penal Code §30605 focuses specifically on the possession of assault weapons or .50 BMG rifles. Under this section, it is illegal to possess these weapons, unless specifically authorized under California law. Without this authorization, anyone caught with an assault or .50 BMG weapon could face additional charges (again, cumulative with the aforementioned ones).

What are the federal implications for firearms at the airport?

Federal Code 49 U.S.C. § 46505 prohibits bringing or attempting to bring a loaded firearm onto an aircraft – intentionally or unintentionally. Violation of this law can result in hefty fines under Title 18 U.S.C., up to 10 years of imprisonment, or both – if no death occurs.

Otherwise, the imprisonment term can be increased to 20 to life. It is critical to note that the Federal Code applies independently of California’s Penal Code, meaning that the person can be charged on both counts.

Which criminal lawyer near me in San Diego can best help me if I’m charged with carrying a loaded firearm at the airport?

Whether you’re seeking legal protection for possession of a firearm at the airport case, need fierce representation after being charged with carjacking, or require an adept team to undertake defense for any other type of criminal charges – you’re in the right place.

Monder Criminal Lawyer Group has long been the preferred choice of partner, owing to the years of experience and strategic advocacy we provide to our clients. Contact us today to schedule a consultation at our headquarters near Horton Plazza!

Monder Law Group - News

Caught with a Firearm at a California Airport, Pt.2: Unintentional Possession & Legal Protections

In California and throughout the US, taking a firearm into airport areas where possession of a weapon is explicitly prohibited (“sterile areas”) is a serious offense, and being caught often results in hefty fines and lengthy prison time.

But what if possession is purely unintentional? What if, say, you do have a concealed carry license and having your piece on you is second nature? Or, perhaps, you packed it in your suitcase, not knowing that you need a specialized case to bring it aboard the aircraft?

Regardless of the specifics, the law is still the law, and carrying a loaded firearm in prohibited areas is still a crime. As such, you will need a good San Diego criminal attorney to help prove a lack of intent and minimize the potential repercussions. Let’s see why.

Can you conceal carry in California airport?

In general, no. As we indicated in Part 1 of this article, the CA §171.5 PC makes it illegal to carry weapons at the airport. However, under CA §171.5(f) PC, the exceptions are made for:

• Authorized or on-duty law enforcement officers (state and federal);
• Federal flight deck officers;
• Transportation security officers (only under limited circumstances);
• Military personnel (under official orders).

While it doesn’t constitute active “carrying”, travelers can transport firearms aboard the aircraft, but only if they comply with stringent TSA and airline regulations:

• The firearm must be unloaded and locked in a hard-sided container (such as a pelican case);
• The firearm must be declared to the airport officials at the check-in;
• The firearm must be in a luggage compartment of the plane;

This effectively means that even individuals with a valid concealed carry weapons (CCW) permit cannot bring firearms into the sterile areas of the airport or on the plane.

What is the penal code 25400 in California?

The CA §25400 PC criminalizes any form of CCW on their person while in public, and prescribes legal penalties of up to 3 years in county jail, a fine of up to $10,000, or both. The reason why we mentioned this is that this is a compounding offense, meaning that it can be charged alongside the CA §171.5, potentially enhancing the sentence.

What happens if you accidentally take a gun through TSA in California?

Whether it’s LAX, SAN, or any other airport in the CA, the TSA enforces strict rules when it comes to bringing a (loaded) firearm through their checkpoints. Whether intentionally or otherwise, the most likely course of events will be:

• Detention: You will be prohibited from flying and local law enforcement agencies will be notified;
• Confiscation: The TSA will seize the weapon, along with any other equipment;
• Fines: You’ll be fined per the TSA Enforcement Sanctions Guidance Policy, as follows:
  • Loaded firearms (or unloaded firearms with accessible ammunition): $3,000 – $12,210 ($12,210 – $17,062 if it’s a repeat violation);
  • Silencers, mufflers, frames and/or receivers: $850 – $1,700;
  • Unloaded firearms: $1,500 – $6,130;
• “Criminal referral”: In addition to the aforementioned penalties, your case will be referred to local law enforcement for further handling (in accordance with the California Penal Code).

Which criminal attorney near me in San Diego can best help me if I’m caught unintentionally carrying a loaded firearm at the airport?

Contrary to popular belief, being caught with a firearm at an airport does not mean you’ll automatically end up in jail or paying exorbitant fines – not if you have an adept team from Monder Criminal Lawyer Group by your side. 

Our specialists employ a host of proven strategies to prove your innocence in court, including proving you unknowingly brought a weapon or did so unintentionally, violation of probable cause, or that you were under duress (i.e., forced to bring a weapon under threat of harm).

We also have ample experience in other facets of criminal law, ranging from handling charges of car hijacking and minimizing related repercussions, to providing fierce advocacy in cases of domestic violence and much more. Reach out to us today and let us be your legal shield!