Penal Codes/Statutes

Duffy Law, PC, is an Orange County criminal defense firm led by William J. Duffy, a veteran attorney with over 18 years of experience and more than 20 jury trials. The firm’s practice is deeply rooted in the California Penal Code, which serves as the primary legal framework for defining crimes and their punishments throughout the state.

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Understanding California Penal Codes: Expert Defense in Orange County

Facing a criminal charge in Orange County can be life-altering. Whether you are dealing with a misdemeanor or a serious felony, understanding the specific California Penal Code (PC) sections you are charged under is the first step toward a successful defense.

Duffy Law, PC is an Orange County criminal defense firm led by William J. Duffy, a veteran attorney with more than 20 years of experience and more than 30 jury trials. The firm’s practice is deeply rooted in the California Penal Code, which serves as the primary legal framework for defining crimes and their punishments throughout the state

Common California Penal Code Sections & Defense Strategies

The California Penal Code governs nearly all criminal offenses in the state. Below are some of the most frequently referenced statutes we handle in the Irvine and Newport Beach courts:

Violent Crimes & Assault Statutes
- PC 187 (Murder): The unlawful killing of a human being with malice aforethought. Conviction can result in 15 years to life in prison.
- PC 240/242 (Assault & Battery): Defines simple assault as an attempt to cause violent injury, while battery is the actual unlawful use of force.
- PC 245(a)(1) (Assault with a Deadly Weapon): Attacking another person with a weapon capable of causing serious injury.
Defense Strategy: We often explore self-defense, lack of intent, or mistaken identity to challenge these aggressive prosecutions.
- Domestic Violence & Abuse
- PC 243(e)(1) (Domestic Battery): Force or violence used against a spouse, cohabitant, or dating partner.
- PC 273.5 (Corporal Injury on a Spouse): A more serious charge involving a visible injury or “traumatic condition”.
Defense Strategy: We specialize in pre-filing intervention to prevent charges from ever being filed, often highlighting false accusations or accidental conduct.
- Property & Theft Crimes
- PC 459 (Burglary): Entering any structure or locked vehicle with the intent to commit a felony or theft.
- PC 484/487 (Petty & Grand Theft): Grand theft involves stealing property valued at more than $950.
- PC 211 (Robbery): The taking of property from another’s person through force or fear.
Defense Strategy: Proving a “rightful claim to the property” or demonstrating a lack of intent to steal can lead to a reduction or dismissal of charges.

How California Penal Codes Impact Your Case

Crimes in California are categorized into three main levels of severity, which dictate your potential penalties:

Infractions: Minor violations (like traffic tickets) that usually result in a fine and no jail time.
Misdemeanors: Offenses punishable by up to 12 months in county jail.
Felonies: Serious crimes that carry a sentence of more than one year in state prison.
“Wobblers”: Many codes, like grand theft (PC 487), are “wobblers,” meaning they can be charged as either a felony or a misdemeanor depending on your record and the facts of the case.

Frequently Asked Questions

What is a "Wobbler" in the California Penal Code?

A "wobbler" is a crime that can be charged as either a felony or a misdemeanor. Examples include Grand Theft (PC 487) and Assault with a Deadly Weapon (PC 245(a)(1)). In 2026, thanks to AB 321, we have more opportunities than ever to convince a judge to "wobble" a felony charge down to a misdemeanor at any point before your trial starts.

Can a past felony conviction be reduced to a misdemeanor under PC 17(b)?

Yes. If you were convicted of a "wobbler" offense and successfully completed probation, we can file a PC 17(b) motion. If granted, the court reclassifies the felony as a misdemeanor "for all purposes," which can restore rights such as firearm possession (in some cases) and significantly improve your employment prospects.

How does the new Penal Code 1170.18 (Prop 47) impact my case?

PC 1170.18 allows certain non-violent property and drug crimes to be categorized as misdemeanors instead of felonies. Even in 2026, if you have an old felony record for simple possession or petty theft, we can petition the court to have those records redesignated as misdemeanors to help clear your name.

What is the difference between a Misdemeanor and a Felony sentence?

Under the California Penal Code:

Misdemeanors: Typically carry a maximum of 364 days in county jail and lower fines.
Felonies: Can lead to years in state prison. In 2026, new guidelines like AB 1087 have increased probation for certain serious offenses to 3–5 years, making it more important than ever to fight for a misdemeanor reduction early in the process.

Does a "dismissal" mean the Penal Code violation is gone from my record?

Not automatically. A dismissal in the interests of justice under Penal Code 1385 or a prosecutor’s no-file decision is an excellent result, but your arrest record can still remain in the system. In many cases, we follow a successful defense with a Petition to Seal Arrest Records under Penal Code 851.8 so your background checks stay as clean and accurate as possible

Why do I need a lawyer who specializes in Penal Codes?

The California Penal Code is thousands of pages long. Small details—like whether a "traumatic condition" occurred in a PC 273.5 case—can be the difference between a felony and a full dismissal. William J. Duffy’s 18+ years of experience means he knows the "gray areas" of these statutes that can be used to your advantage.

What Our Valued Clients Say About Us

Read honest client reviews and success stories from individuals we’ve represented in criminal defense and litigation cases. We take pride in delivering justice with integrity, dedication, and trusted legal expertise. Our clients’ voices reflect the true strength of our firm and our commitment to achieving the best possible legal outcomes.

Andrew OCONNELL

59 days ago

Mr Duffy went out his way to help me.I highly recommend him.

Edwin Canas

75 days ago

Thank you, Bill. When I first met Bill Duffy, I was going through one of the darkest periods of my life. What I found in Bill was not only an excellent attorney, but a compassionate person who genuinely cared about my well-being and recovery. Throughout the process, Bill treated my wife and me with respect, dignity, and understanding. He never lost sight of the fact that behind every legal case is a human being trying to find their way forward. One piece of advice he gave me was to continue prioritizing my recovery and my family. Those words stayed with me. Today, I am continuing my recovery journey, rebuilding relationships, sponsoring other alcoholics, and living a life with purpose and gratitude. This experience was painful, but it became the beginning of a new chapter in my life. Bill helped guide me through it with professionalism, integrity, and compassion. I am deeply grateful for his help and would highly recommend him to anyone looking for an attorney who not only understands the law, but also understands people, recovery, and restoration. Thank you, Bill, for helping me move forward with hope and dignity. Edwin Cañas. Happy Father’s Day weekend .

Diana Qvdo

91 days ago

Attorney William Duffy made a difficult process much easier to navigate. He took the time to explain each step clearly, kept me informed, and made sure I always knew what to expect. What stood out most was not only his knowledge and experience, but also the relationships and reputation he has built throughout the court system, from the DA’s office to the judges. You can tell people know and respect him, and that made a real difference. His professionalism and dedication helped achieve the best possible outcome which exceeded my expectations. I’m extremely grateful for his guidance and genuine support. If you’re looking for an attorney who is knowledgeable, compassionate, and effective, I would highly recommend William Duffy.

Kam Kas

92 days ago

Duffy was the calming voice I needed when I was facing legal issues. His protective nature and sense of humor always put me at ease. As an attorney, he was very professional and absolutely effective when it came to handling my case work. I would recommend him and you will too.

Gary Mcclain

93 days ago

I had an excellent experience working with Mr. Duffy. From the very beginning, he was professional, knowledgeable, and responsive to all of my questions and concerns. He took the time to explain every step of the process, making sure I understood my options and felt confident in the decisions being made. Mr. Duffy’s attention to detail, dedication, and commitment to achieving the best possible outcome were evident throughout my case. I always felt that my interests were a top priority, and his expertise helped make a potentially stressful situation much easier to navigate. I highly recommend Duffy Law to anyone seeking reliable, trustworthy, and effective legal representation. Thank you for your hard work and outstanding service

gabriel vivan

101 days ago

I want to sincerely thank Duffy Law for the outstanding work he did on my father’s criminal case. As his client, I was incredibly impressed with how professionally and committed he handled everything from the very beginning. He kept us informed every step of the way, explained all our options clearly, and fought hard for the best possible outcome. I’m very satisfied with the results and truly appreciate his dedication and expertise during what was a difficult time for our family. He made a stressful situation much more manageable. If you need a skilled and reliable attorney, I highly recommend him. He is The “real Lincoln Lawyer.”

Todor Tanev

130 days ago

I can’t recommend Bill Duffy enough! He recently got my traffic ticket completely dismissed, and the entire process was smooth, professional, and stress-free from start to finish. What really stood out is his dedication—not only did he take great care of my case, but he’s also been actively helping another driver from Black Car Newport get their ticket dismissed as well. That level of commitment and consistency speaks volumes. If you’re looking for a reliable, knowledgeable, and results-driven traffic attorney, Bill is the one to call. Truly 5-star service! ⭐⭐⭐⭐⭐

Jamie Kay

144 days ago

Mr. Duffy came to me in a time of desperate need for a professional, honest, thorough and respected lawyer. I was beyond lucky to have him on my case. He is honest, is not just going to tell you want to hear, but will also fight for you for the best possible outcome the justice system will provide you under whatever circumstances you are facing. His reputation and knowledge are beyond what I was aware of when he began representing me. If you want experienced, straightforward yet empathetic council who will go out beyond his responsibilities to you on your case, he is the right man for the job. I was terrified facing my legal woes and my world felt upside down. He stepped in and treated me with consideration, truthfulness and professionalism. Nobody wants to go through any defensive charge, yet I felt very taken confident in his care and guidance. For me, with years of anxiety issues, I couldn’t have asked for a better professional to manage my case. He put me at ease and I knew that things works work out just fine with his help. I have zero complaints and nothing but deep appreciation for this man and how he walked me through every step of the process with patience and clear communication. I would advise anybody facing a challenge of a defensive charge to seek out the help of Mr. Duffy. You could not put yourself in better hands. I have nothing but appreciation and respect.

Cong Mu

164 days ago

Hired them 7 years ago and they delivered outstanding results. Came back recently for more help, and they provided excellent assistance for free. That level of loyalty and generosity is rare. Highly knowledgeable, responsive, and client-focused. Would recommend them without hesitation. Also the AI interface on their website is great, you should try.

Abel

167 days ago

An outstanding lawyer, he kept through informed through my whole process and help me with my case with the overall results. I was very happy and satisfied I would definitely recommend him.

Mr.J_22

167 days ago

He was awesome he kept me in the loop and made sure I was feeling heard my concerns were his and that I felt comfortable with decisions Being made. I definitely would recommend him

Benny Leon

189 days ago

If you are looking for a defense attorney in Orange County, Will Duffy is the person to call. He helped me navigate a difficult DUI case with total professionalism, and now that I’m eligible, he’s handling my expungement to help me move forward. He has a way of explaining complex legal jargon in plain English, so I never felt lost. I can’t recommend him enough for anyone in the Irvine area needing a fresh start.

kelly kettle

219 days ago

My fianc’e and I were really scared, Mr. Duffy took the time to explain what to expect, and delivered on everything, really going above & beyond! Thank you Mr. Duffy!

Peter Robles

253 days ago

I cannot recommend Bill Duffy highly enough. From our very first conversation, it was evident that Bill is not only an outstanding attorney but also a genuinely good man. Throughout my case, he demonstrated professionalism, integrity, and deep care. Bill always made sure to explain every detail clearly, advocating for me with both confidence and impressive skill. What truly distinguishes Bill is his unwavering Christian morals and the authentic way he lives them out. He showed me compassion and kindness that far exceeded my expectations for an attorney. For example, Bill thoughtfully bought me a Bible and personally invited me to his church. This gesture meant more to me than words can express and showed me that he genuinely cares about people, not just the cases he handles. If you are searching for a lawyer who is not only highly skilled and trustworthy but also guided by faith and strong moral values, Bill Duffy is the person you want by your side.

Anush Sadjadi

260 days ago

From the time I met him you made me feel like he understood what I was going through and you wanted the best for me. He definitely went above and beyond where I paid him for and I'll always be grateful to him. He's a great attorney. And I have to say he's a great friend. Thanks William.

DUFFY LAW, A Professional Corporation

Penal Codes/Statutes