As California residents ushered in the New Year they also ushered in a host of new laws. Over seven hundred, in fact. Two of those new laws redefine the scope of and penalties for online identity impersonation and marijuana possession.

Prior to January 1, 2011, it wasn't a crime for a person to go on the Internet and impersonate another individual unless the impersonation was done to commit a theft-related offense.  

The new statute, CA Penal Code Section 528.5, makes it a misdemeanor punishable by a fine of up to $1,000 and/or up to one year in jail to knowingly impersonate "another actual person through or on an Internet Web site or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person."

The creation of this new law was inspired by the 2010 Facebook impersonation of Google CEO Eric Schmidt, who is not a Facebook user (the impersonators used one of his existing email addresses to register the fake profile).  

With 32 states having already passed laws to combat electronic harassment, and with online reputation-harming impersonations and teen cyberbullying reaching epidemic proportions nationwide, the implications of this new law are clear: online impersonators will now be held to higher account.

Turning another new leaf (so to speak) is the passage of SB 1449 which amends Section 11357(b) of CA Health and Safety Code which relates to marijuana possession.  

It is now merely an infraction - the lowest level of crime in California, such as speeding or failing to use a turn signal - to possess less than one ounce of marijuana for personal use. The maximum punishment for simple possession of less than one ounce of marijuana is a $100 fine. The court is not permitted to send the person to jail or to order any other penalty.

Prior to January 1, 2011, a person charged with misdemeanor possession of marijuana could avoid being convicted of the crime by completing drug diversion, which primarily consists of taking some classes and testing negative for the use of illegal drugs.  

Now that simple possession of less than one ounce of marijuana is merely an infraction the diversion option is no longer available. The only way to remove the conviction from your criminal history is to seek an expungement. Another recent change in the law permits infractions to be expunged. A future article will provide more information on the benefits of expungement.

We are confronted with a faster-paced and faster-changing world, and these two examples of newly passed law indicate a strong desire amongst Californians to do all that is necessary and reasonable - for our fellow citizens and especially for our children - to maximize and balance both freedom and accountability.

Staff Spotlight

Mark Broughton

Mark Broughton is an AV-rated by Martindale-Hubbell and has an AVVO rating of 10 marking him as "superb" in his field.  Evidence that he is unflinchingly devoted to protecting his client's constitutional rights.  

In his 33 years practicing law, he has successfully defended people accused of crimes such as murder, rape and driving under the influence. 

Mr. Broughton considers a case where he successfully appealed the conviction of a woman who previously had been found guilty of a double homicide to be one of the highlights in his legal career. "Since then, she has completely turned her life around," Mr. Broughton says of his former client. "Situations like hers are why I went into law. I enjoy helping people."  

He is proud to advocate for the protection of people's civil and constitutional laws. "I call defense lawyers the 'Last of the Freedom Fighters'," he says, noting their zealousness in safeguarding the 4th, 5th, 6th, 8th and 14th amendments to the U.S. Constitution.

Mr. Broughton is a native of San Diego and resides in Fresno with his wife and two children. As a San Diego native Mark grew to love the Padres and the Chargers, the city's professional baseball and football teams. He revels in coaching the Mock Trial team at Clovis North High School and manages to find time to visit the ocean often to surf and fish.  He enjoys the classic offerings of authors such as Hemingway, F. Scott Fitzgerald and Faulkner.

Mark graduated from: University of California - San Diego Sociology, Music BA - Bachelor of Arts 1973, Western State University, San Diego Law Juris Doctor 1977, University of California - San Diego.

Following law school, he successfully practiced law in San Diego, where he focused on criminal defense, personal injury and civil litigation for 17 years. In 1995, he and his family moved to Fresno, where they currently reside.  

For the next 17 years, he was the Chief defense lawyer for a Fresno firm, handling between 3,000-4,000 felony cases a year. On Sept. 1, 2010, Mark joined the Hammerschmidt firm. On Jan. 1, 2011, the firm officially changed its name to Hammerschmidt Broughton Law Corporation.

His current associations are: Co-Founder, past Co-Chair Fresno County Criminal Defense Bar Association 2009-present, President Glen Eagles Home Owners Association 2009-present, Fresno County Bar Association, Criminal Law Section

About Hammerschmidt Broughton Law Corporation

Attorney Jeffrey T. Hammerschmidt previously worked as deputy district attorney, working to convict those accused of misdemeanors and felonies. At Hammerschmidt Broughton Law Corporation, he now uses this experience to help clients fight criminal charges.

Our firm handles all adult and juvenile charges in federal and state courts. We also represent clients in Department of Motor Vehicle driver's license revocation hearings and administrative licensure proceedings. We take on appeals, expungements and other post-conviction matters.

Jeffrey T. Hammerschmidt, has been a lawyer since 1987 and has been focusing on criminal matters since 1992. He is certified as a specialist in criminal law by the State Bar of California's Board of Legal Specialization. His combination of practical experience and extensive knowledge makes him a strong advocate for our clients, whatever charge they face.

Contact Us to discuss your case. The sooner you call for a free consultation, the sooner we can begin working for you.

Disclaimer: The information you obtain in this newsletter is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.