RSSCriminal Defense | Los Angeles Criminal Defense Blog
How False Resisting Arrest Accusations Occur
Resisting arrest is a charge that can stand alone (even if the defendant was innocent of the crime they were being arrested for) or be tacked onto other charges pursued by the prosecutor. False accusations occur when:
- Defendants legitimately question the officers’ right to detain them or demand information,
- Officers are offended by behavior that does not meet the standard of resisting arrest, or
- Officers’ expectations of compliant or threatening behavior are influenced by gender and/or race of the defendant.
- Officers attempt to justify an illegal arrest or use of force.
Common Defenses for Tampering or Intimidating Witnesses
Witness tampering is a serious crime that’s frequently prosecuted as a felony in California. But police and prosecutors will often get upset and file witness tampering charges when they don’t have enough evidence to convict somebody or when their case is falling apart.
Witnesses and victims commonly misinterpret something somebody says and blow it out of proportion. And police and prosecutors are very aggressive when they think somebody might be interfering with an investigation.
There are several legal defenses that can be used to get witness tampering charges thrown out of court. An experienced defense attorney has effective strategies to protect your freedom.
Is California a “Stand Your Ground” State?
In the 1980s, a group of states including Georgia, Florida, Kansas, and Idaho passed laws that were commonly referred to as “make my day” laws. Named after a line from the Dirty Harry movies, these laws explicitly state that a person who is not engaging in unlawful activity has the right to “stand your ground” and defend themselves by using deadly force against a violent attacker.
On the other hand, states such as Hawaii, Maryland, Iowa, and Massachusetts have “duty to retreat” laws that require an individual to attempt to escape from imminent danger if possible before resorting to physical force to defend yourself.
Can You Still Be Charged with Arson if You Start a Fire Accidentally?
Under California law, the legal definition of arson reads as follows at California Penal Code Section 451: “A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property.” This offense is charged as a felony.
To charge you with the crime of arson, the prosecution must prove that you acted both willfully and maliciously. “Willfully” means the act was committed willingly and on purpose. “Maliciously” means it was done with the intent to commit a wrongful act, or with unlawful intent to injure, defraud, or annoy another person. If you accidentally started a fire, you cannot be charged with arson, because you did not start it intentionally.
When Does Sexual Harassment Become Sexual Abuse?
Sexual harassment and abuse can encompass a variety of behaviors in varying degrees of severity. If you are facing a claim of sexual harassment or abuse it will be imperative to have an experienced attorney to help you navigate these claims.
Facing Los Angeles Grand Theft Auto Charges?
Grand Theft Auto is a serious charge relating to the unlawful taking and moving of a vehicle with the intent to keep it. It can be charged as a misdemeanor or felony and can carry a sentence of up to three years in prison. It’s important to obtain skilled and experienced legal representation to help navigate these charges.
Do You Have a Duty to Report a Crime in California?
In California, you are required to report certain infractions if you have witnessed them. Here are some infractions that you may be liable for not reporting if you have witnessed them. These include:
What Should You Do If You Get a Target Letter?
A target letter is a formal document sent to a person or entity that has been the subject of a federal investigation. Target letters are typically sent by the US Department of Justice or one of its agencies, but can also be sent by other federal law enforcement agencies and even state or local prosecutors.
The Difference Between Fanaticism and Stalking
The offense of stalking is defined by California Penal Code Section 646.9 PC as following, harassing, and threatening someone to the extent where the target becomes concerned for their safety. Both misdemeanors and felonies are possible charges for stalking. Up to 5 years in jail or prison may be imposed as punishment for a conviction.
Are You Facing Deportation Due To Federal Charges?
Immigrants, even those with green cards, may be deported when proof that they have been convicted of a crime exists, particularly one that is referred to as an “aggravated felony” or a “crime of moral turpitude.” Additionally, the legislation clearly lists a number of crimes that can result in deportation.