Information on New Criminal Defense Laws in California

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What is the Difference Between a DUI Hit and Run and a Regular DUI

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Nobody ever wishes to be involved in a hit-and-run accident or be arrested for driving under the influence, but sadly these things do occur frequently. Even though it is easy to classify one as more serious compared to the other, it is important to remember that both can result in serious repercussions and require legal representation. This blog will compare the differences between a regular DUI and a DUI hit-and-run under California drunk driving laws. Definition of DUI Under California Law Anyone operating a motor vehicle in California must comply with the state's strict DUI regulations. Under the state's DUI statutes, it is against the law for any driver to operate a motor vehicle while inebriated or with a blood alcohol concentration of 0.08% or higher. An offender is regarded to be "under the influence" if they have been significantly impacted by alcohol, drugs,... Read More

What is Contacting a Minor to Commit a Felony?

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California Penal Code 288.3 criminalizes any attempt to engage in sexually explicit communications or contact with a minor, even when those attempts are unsuccessful. The crime is punished by extensive jail terms, among other consequences. The specific crimes that count as a felony include Oral copulation with a minor, Child endangerment, Child pornography, Rape kidnapping, Illegal acts of sodomy, Sending harmful material to a minor, and Lewd acts with a minor After facing charges for committing any of the above offenses against a minor you could face severe consequences. Working with an aggressive criminal defense attorney is imperative to help you develop a strong defense to fight the charges. The Legal Meaning Of PC 288.3 According to California PC 288.3, it is illegal to contact a child intending to commit a felony. The statute outlines several elements that... Read More

What is Conspiracy to Commit Murder?

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Crimes involving many individuals in the planning and execution are more challenging to prosecute than random offenses. Because of this, California PEN 182 makes it illegal to participate in a criminal conspiracy. Many people are unaware that agreeing with one or more persons to commit a crime like murder is a serious offense. Face investigation or charges for conspiracy to commit murder? The information below will help you understand the offense, its elements, penalties, and possible legal defenses. Meaning of Murder Conspiracy You commit the offense of conspiring to engage in murder in California when you reach an agreement with at least one individual to purposefully and illegally end someone else’s life. Further, a co-conspirator must engage in overt conduct to advance the conspiracy or agreement, and the act must occur in California. You are guilty of this... Read More

What is Civil Compromise?

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In nearly all criminal cases, alleged victims seek justice by filing charges and obtaining convictions. Whereas a person may feel consoled if someone who caused them harm is convicted and sentenced, not every criminal case must lead to convictions for the victim to obtain justice for the culprit's actions. In given cases, there is a middle ground where the supposed victim is fully reimbursed for their loss through a legal action referred to as a civil compromise. What Civil Compromise Means Under California Laws A civil compromise is whereby a judge or prosecution agrees to dismiss the criminal charges against an accused if they compensate the victim financially for the damages or losses their criminal conduct caused them. This agreement aims to: Address prison and jail overcrowding. Serve the interests of the public better by streamlining the court process. Save... Read More

What is the Difference Between Assault and Battery?

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In California, complex laws criminalize battery and assault. Under California PC 240, the law describes assault as a threat combined with the ability to inflict bodily injuries and harm. The perpetrator of assault does not necessarily need to harm or touch the victim. You can face conviction for assault, provided the victim feels threatened by your acts. Alternatively, California PC 242 describes the crime of battery. The crime involves the unlawful and intentional use of force against the victim. Touching someone offensively constitutes battery, even when the victim does not suffer injuries or pain. In California, assault and battery are closely related, although they are distinct. When you face the charge of assault, you want to learn the differences between assault and battery. The crimes differ in their definition, elements, and penalties and in fighting the... Read More

What Is Considered Continuous Sexual Abuse Of A Child

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In California, many people are convicted of sexual crimes. Continuous sexual abuse of a child is one of California's most common and severe sex crimes. Continuous sexual abuse of a child is a crime charged under Penal Code 288.5 of California law. You could face severe penalties and hefty fines if you are guilty of this crime. You could also lose some rights, like owning a gun, and face negative immigration consequences, among others. If you or a loved one is accused of continuous sexual abuse of a child, you should seek the services of a competent criminal attorney to help you navigate the legal system and defend your rights. Continuous Sexual Abuse Of A Child — Penal Code 288.5 The crime of continuous sexual abuse of a child is defined under Penal Code 288.5. This statute requires the prosecutor to prove some elements to charge you with this crime. The elements the... Read More

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