Information on New Criminal Defense Laws in California
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What is The Statute of Limitations for Hit & Run in California?
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A hit-and-run happens when a motorist who has been in a crash with another car, a property, or a pedestrian deliberately leaves the accident scene without sharing their contact details or waiting for the police. Under California law, this action is considered a criminal offense because it violates the duty of care to others and complicates the investigation and compensation process. In California, prosecutors have a limited period to bring charges against a driver accused of this crime. This timeframe is known as the statute of limitations. It is like a legal countdown that begins right after your accident and differs depending on whether the case is a misdemeanor or a felony. This blog discusses the statute of limitations for hit-and-run cases in California, the factors influencing prosecution timelines, and the legal repercussions of not staying at the scene of an... Read More
What Happens if a Victim or Witness Refuses to Testify?
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Criminal court judges rely on evidence and testimonies to determine the cases they receive daily. Human testimony is particularly critical as it helps the court organize the events surrounding a crime. The prosecution and defense teams rely on victims and witnesses for detailed case accounts, which enable them to prove their cases. Without such testimonies, it can be challenging to solve a case. That is why it is essential for witnesses and victims to give testimonies as they have agreed for the continuity of cases. They can be held in contempt of court if they change their minds. If a witness or victim is held in contempt, they can face misdemeanor charges, punishable by six months in jail and a fine of up to $1,000. The police can detain them in jail until they are ready to testify. However, there are exceptions to this rule for victims of sexual or domestic abuse;... Read More
Penal Code § 269 PC – Aggravated Sexual Assault of a Child
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Aggravated sexual assault of a child under Penal Code 269 (PC) is one of California’s most serious sexual crimes. A conviction can result in life-altering penalties, including decades in prison. It could also lead to a lifetime of mandatory sex offender registration. The law is strict; however, being charged with the crime does not mean you are guilty. You have rights, and solid legal defenses are available. If you are facing PC 269 violation charges, you should seek the services of an experienced defense attorney. Your attorney can help protect your future and reputation by challenging the charges against you. An Overview of Aggravated Sexual Assault of a Child You violate Penal Code 269 when you perform specific acts of sexual conduct against a child under 14. The acts include sodomy, rape, and oral copulation. These acts are categorized as aggravated when you... Read More
California Penal Code § 222 PC – Administering Drugs to Commit a Felony
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It is a crime to administer drugs to another person to commit a felony intentionally. This law applies when someone uses drugs to reduce the victim’s ability to resist and make it easier to commit a serious offense. This charge hinges on your intent to commit a felony and your willingness to use drugs as a means of incapacitation. A conviction under this law is serious and can result in penalties ranging from prison time and hefty fines to a criminal record that will remain with you for life. Because of the statute’s complexity, facing allegations of administering drugs to commit a felony requires strong legal representation. An experienced criminal defense attorney will be able to evaluate your case, craft an effective defense, and work to protect your rights in court. Administering Drugs to Commit a Felony Under California Law Under Penal Code Section 222, you... Read More
Penal Code § 401 PC - Assisted Suicide
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California law under PC 401 makes it unlawful for any person to encourage or assist another in committing suicide. Whether you succeed in assisting or encouraging the person, you can face felony charges, punishable by a maximum of three years in state prison. This grave offense can result in life-changing penalties and severe consequences, including a devastating criminal record. The law applies to all people, including family members and friends of a suffering patient. However, if you are medical personnel, you are exempt from persecution under this statute if you act according to the End of Life Option Act. You must demonstrate your innocence during the trial so the court can find you not guilty of the crime. A skilled attorney can help you build a solid defense to avoid a conviction and the resulting consequences. The Legal Meaning of Assisted Suicide Suicide... Read More
Penal Code 67 PC - Bribery of Executive Officer in California
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Using money or any other valuable item to influence the decisions or actions of another person is known as bribery and is a punishable crime. Bribery offenses can occur in various contexts, including private and public organizations. Specifically, Penal Code 67 makes it illegal to corrupt an executive officer through bribery. Usually, people commit bribery offenses to gain or secure benefits they would not receive legally at that particular time. Regardless of the circumstances that put you in trouble with the law as a suspect in a bribery case, consulting with an attorney could be beneficial because the consequences of a conviction could be detrimental to your professional and personal life. While an attorney will not necessarily help you win the case, he/she can offer you legal counsel and increase your odds of securing a desirable outcome, including a reduced... Read More
