Criminal Defense
All About California Penal Code 995: Motion To Dismiss
In the intricate realm of criminal law, defendants possess certain rights and avenues to challenge legal proceedings. One such mechanism is found in California’s Penal Code 995, which provides the framework for a crucial legal tool – the motion to dismiss.
Can I Have My Arrest Records Sealed in California?
Arrest records can have a lasting impact on individuals, affecting various aspects of their lives, including employment opportunities and housing prospects. In California, there is an option to address this concern through record sealing. To successfully seal an arrest record in California, it is vital to have a firm grasp on legal criteria, procedures, and the potential benefits of sealing arrest records in the state.
Excusable Homicide: Its Meaning and How to Use It
In the complex and sensitive matter of homicide, several state laws may come into play. One legal concept that deserves attention is excusable homicide. It is essential to understand the concept of self-defense generally, the legal criteria behind excusable homicide, potential defenses, consequences, and how skilled criminal defense attorneys approach excusable homicide in their work.
An Overview of California’s Consent Laws
Consent plays a critical role in specific legal contexts. These include the determination of certain sex crimes, such as sexual assault and statutory rape. The informed consent doctrine is key in determining whether a healthcare provider has acted negligently. Consent can also be a factor in Fourth Amendment rights, intoxication, and other legal issues.
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…
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…
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…
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 criminal defense 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:
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