Legal Question in Criminal Law in California

California penal code 315

Hi, my husband was recently charged with telling someone that "I hope you choke on that camera." the charge was a verbal assault penal code 315. I dont understand if this would even hold up in court or not. we are really worried because my husband is an emergency medical tech. and he could loose all of his liscenses over this. and his job. We were being harrassed by are neighbors for several months to were they would video tape us constantly. we even had the police come out and they said that there was nothing they could do about it. well one day my husband got angry enough to say what he said, but they were harrassing us. what do you think?


Asked on 10/24/00, 10:26 pm

2 Answers from Attorneys
Steven Mandell Law Offices of Steven R. Mandell

Re: California penal code 315

Penal Code section 315 relates to keeping or residing in a house of ill-fame. You must have gotten the section wrong. PC section 215 is carjacking. Section 415 is disturbing the peace. Could this be it? If so, it's still not clear that they can get a conviction against your husband for saying what he said. Frankly, I don't see that he could be found guilty of any crime for saying that. I would recommend you have a consultation with a criminal lawyer in your neighborhood regarding representation in this matter. Your husband will need a lawyer. Many lawyers give free consultations. Good luck.

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Answered on 11/15/00, 8:43 pm
Neil Newson Neil C. Newson & Associates

Re: California penal code 315

READ YOUR INQUIRY AND WAS SHOCKED THAT ANY POLICE AGENCY WOULD ARREST FOR SUCH A STATEMENT. i DO BELIEVE THAT YOU MAY HAVE CITED THE WRONG CODE SECTION AND SUGGEST THAT YOU LEARN THE COORECT CHARGE. aLSO, EVEN AFTER AN ARREST, THE MATTER HAS TO BE TURNED OVER TO THE CITY ATTORNEY OR D.A. FOR FILING. NO REASONABLE PROSECUTOR WOULD FILE ON SUCH WORDS. IF THAT OCCURS, YOU WILL NEED AN ATTORNEY IN THE AREA. GOOD LUCK

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Answered on 11/18/00, 10:43 am


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