Tag: Felony

When is a Crime a Hate Crime?

Under both state and federal law, you can be charged with a hate crime if you commit a crime motivated by hatred or bias against certain groups. These crimes can result in higher penalties than crimes motivated by other factors. What factors are considered when deciding whether a crime is a hate crime? Race Ethnicity Skin color Religion National origin Gender Sexual orientation Gender identity Disability California’s Penal Code lists hate crimes under 422.6 PC. It states that it is a misdemeanor to willfully injure, intimidate, interfere with, or threaten someone in a protected class, or to knowingly damage or … Read More

What is Residential Burglary?

By Richard Wingerden of the Law Offices of Richard Wingerden posted in Burglary. On October  22, around 11:40 a.m., San Jose police responded to a house after they received calls that a person had been shot. When officers arrived, they discovered that the homeowner had been shot by one of three suspects whom the victim had found burglarizing his home. The suspects got away and the homeowner was treated at a hospital and released. If the suspects are arrested, they will face numerous charges. One of the charges would be residential burglary. Residential burglary is codified in Penal Code sections … Read More