Information on New Criminal Defense Laws in California

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What is the Legal Definition of “Harassment” in California?

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Harassment refers to unwanted conduct that is pervasive or severe. Usually, victims of the behavior are left devastated with emotions of fear or rage, disrupting many aspects of their lives. Fortunately, California has the most protective anti-harassment statutes nationwide.  However, the law lacks a single, definitive definition of harassment, with legal definitions varying depending on the context. If you are a survivor of harassment, understanding the legal definition of harassment is a critical step in the search for justice. The punishment or consequences the harasser faces depend on the type of harassment and may include court fines, incarceration, payment of damages, or issuance of protective orders.  Some behaviors fall under more than one category of harassment, with others even attracting criminal charges. Consult a seasoned criminal attorney to understand the... Read More

“Accidental Homicide” in California – What is it and is it a Crime?

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Accidental homicide happens when you cause the death of another person while engaging in a legal act, and with a reasonable belief that no harm will occur. Generally, this is not a crime in California. However, homicide is treated as a crime if it is believed that the action that caused the person’s death was unlawful, or if you were negligent in causing the person’s death. If your actions result in the death of a person, talk to a skilled criminal attorney who is qualified and experienced in homicide cases. They will review your case and advise you on your options and defense strategies. If you face voluntary or involuntary manslaughter, a competent attorney can fight your charges to convince the judge that you are only guilty of accidental homicide. Understanding Accidental Homicide When someone loses their life in an unnatural circumstance, the police must be... Read More

“Police Code 211” – What Does it Mean?

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The radio code that California law enforcement uses to report a robbery in progress or one that has just occurred is Police Code 211. The code is based on California Penal Code Section 211, which defines robbery as stealing personal property from another person, against their will, by using force or threats. The 211 designation has significant legal repercussions in California, particularly in Los Angeles. The distinction between simple theft and robbery is well-defined in the law, which emphasizes the use of force or fear required to elevate theft to a violent felony. Due to this fact, a 211 call triggers an immediate and severe police response, as well as a legal investigation in accordance with state law and the jury's instructions. This guide will help you understand the meaning of Police Code 211, its legal definition, and the reasons why it is regarded as a serious... Read More

Is Prank Calling Illegal?

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It often begins with nervous giggling and a concealed phone number, but the line between an innocent joke and criminal conduct can be far thinner than many people realize. Most of these calls seem like a return to childhood innocence. However, the current legal environment views unsolicited calls far more seriously. A quick laugh could escalate to harassment, stalking, or disorderly conduct once the recipient reasonably feels threatened or the calls become frequent. When conduct escalates to swatting, lying about an emergency, and calling the police, your actions are no longer considered a prank. You will be deemed to have committed a serious felony offense, which exposes you to significant prison sentences and substantial fines.  It is important that you know where lawful conduct ends and criminal liability begins, and where criminal liability begins and ends, before... Read More

Hung Jury In California-What It Means And What Happens Next

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Also known as a deadlocked jury, a hung jury occurs when a jury in a criminal or civil proceeding is unable to reach a unanimous verdict after deliberations. This often causes a mistrial and raises vital questions regarding retrial, prosecutorial discretion, double jeopardy, and the entire criminal justice process. This term is familiar, but its legal and procedural implications are nuanced and rooted in both law and common law principles. Understanding A Hung Jury A hung jury is a jury in which jurors are unable to determine whether the defendant is guilty or innocent under the law. A unanimous ruling of all 12 jurors is needed in all California criminal proceedings for either acquittal or conviction. The jury will be considered deadlocked or hung if one juror dissents and the jury cannot be convinced to agree after reasonable deliberations. This definition aligns... Read More

Caught Shoplifting? 5 Strategies for Fighting The Case

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Shoplifting is undoubtedly one of the most prevalent forms of theft in the country. The laws surrounding shoplifting offenses have evolved, and the crime could attract serious and life-altering consequences, including social ramifications. When you or a loved one is under arrest as a suspect in a shoplifting case, you need to know what to do to protect your best interests and stand a chance of securing a favorable result. While it can be stressful and emotional to be under arrest on shoplifting allegations, a conviction is not inevitable. With the legal help of a criminal defense attorney, you can arrange your release process, including posting bail to secure your pretrial freedom without delay. After securing your freedom, you can work with your attorney to prepare and craft legal defenses to challenge the shoplifting allegations you are facing for the best possible... Read More

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