Practice Areas

• Homicide
• Violent Crime/Felony
• White Collar Crime
• Juvenile Defense/Youthful Defenders
• Misdemeanor Offense

Blog

News

Library

People Capable of Committing a Crime Under California Law

Anybody in California can commit a crime, such as driving while intoxicated, jaywalking, or murdering another person. However, only certain people are prosecuted for these crimes under California law.

Because of their individual circumstances, such as age or mental capacity, some classes of people are exempt from prosecution under California law. These people, if proven to be part of one of these classes, may not be convicted of a crime.

The first of these classes is people under the age of 14. According to California Penal Code, “children under the age of 14, in the absence of clear proof that at the time of committing the act charged against them,” are not necessarily capable of committing a crime. The law also protects from prosecution people who are mentally incapacitated, people who commit crimes out of ignorance, and people who break laws without being conscious or aware of what they were doing, or by accident.

Finally, people who are forced to commit an illegal act under threat, and who reasonably believe their lives to be in danger, might not be prosecuted for such crimes in the state of California. An exemption is where the death penalty is involved.

All other people who commit crimes in California, bring criminal property into the state, or aid, advise, or encourage a criminal act, can be prosecuted and punished to the full extent of California law.

Criminal law is complex. Therefore, it is always best to consult with a knowledgeable Ventura criminal defense lawyer when facing criminal charges.

If you believe that you are about to be accused of a crime in California, it is very important that you contact an attorney as soon as possible. Proceeding without the help of a criminal defense attorney can prove to be fatal to your case.

Call the Ventura criminal defense lawyers at the law firm of Bamieh & Erickson today for a free consultation on your case. We can educate you on the facts and laws pertaining to your situation, and advise you exactly how to proceed. Call us today at (805) 585-3638.

Free Consultation