Information on New Criminal Defense Laws in California

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“Mandated Reporters” in California

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In California, certain professionals and individuals who regularly work with or care for children have a legal duty to report any suspected child neglect or abuse. These people are called mandated reporters and are required to report when they suspect or see behavior that can put a child at risk. The obligation arises from an individual’s professional license, employment, or custodial responsibilities, and failing to comply may result in personal legal consequences. California’s mandatory reporting laws outline who should report suspected abuse, what level of suspicion is required, and when and how reports should be made. Recognizing these requirements to prevent criminal penalties and professional repercussions is essential. Below are some of the key issues, including reporting duties, exceptions, penalties, and available defenses. California Child Abuse and Neglect... Read More

How Domestic Violence Convictions Affect Immigration and Deportation

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Under the Immigration and Nationality Act (INA), a deportable domestic violence conviction is any violent crime committed against a spouse, partner, or co-parent. The INA requires mandatory removal procedures if the charge involves physical force or the threat of physical force. This guide describes how California domestic violence convictions affect the legal status of non-citizens, including Lawful Permanent Residents and visa holders. It explores the different legal structures of state criminal proceedings and federal immigration enforcement, including the INA's definition of aggravated felonies and Crimes Involving Moral Turpitude (CIMT). You also learn the distinction between deportability and inadmissibility, and the harsh penalties for violating criminal protective orders. The Role of the Immigration and Nationality Act (INA) If you are charged with domestic... Read More

What is the Meaning of Violent Felonies in California

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Violent felonies are specific, severe crimes that have serious penalties under California Penal Law. They involve actual physical violence, and sometimes the use of dangerous weapons like guns and other deadly weapons. Some involve the infliction of serious bodily injury and others death. That is why a conviction for a violent felony results in serious legal consequences, including a lengthy prison sentence, a hefty court fine, and a damaging criminal record. If you face charges for a violent felony, it helps to work closely with a competent criminal attorney for advice, legal guidance, and defense. An attorney can also defend your rights and influence the outcome of your case. Legal Meaning of Violent Felonies A violent felony is any serious crime that involves the use of physical force against another person. It can involve the use of actual physical force, an... Read More

5 Situations Where Domestic Violence Is a Felony

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California has several laws that address domestic violence. The exact charge filed depends on the relationship between the parties and the exact actions involved. Most people assume that domestic violence charges are always misdemeanors. However, some instances can make your crime a felony. A felony conviction for domestic violence will have more serious legal and collateral consequences. A felony conviction can lead to years in state prison, heavy fines, protective orders, and the loss of important rights. It can also affect your employment opportunities, housing, and professional licenses. Whether a case becomes a felony depends on the injuries you caused, your criminal history, and the type of conduct. California law allows prosecutors to seek harsher penalties when the allegations are severe. If you or a loved one faces domestic violence charges, you should... Read More

What you Need to Know About The “Age of Consent” in California

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Navigating California's laws governing sexual consent and relationships can be confusing, particularly because criminal liability often depends on a person's age rather than whether the relationship was consensual. The age of consent, the legal age at which a person can legally consent to sexual activity, is central to understanding the law. In California, the age of consent is 18. However, the law is not always black and white. The law contains important nuances that affect how these cases are prosecuted and punished, including how age differences affect charging decisions despite California not recognizing a true "Romeo and Juliet" exception to the harsh, life-changing consequences of breaking it. If you are a parent who wants to keep track of what your teen does, a young adult dating in modern times, or simply seeking guidance, the information below explains the key... Read More

What is “Oral Copulation” and When is it Illegal?

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The legal definition of oral copulation, according to California Penal Code Section 287, is any sexual contact between the mouth of one person and the sexual organ or anus of another person, no matter how slight or brief. While consensual oral sex between adults in private is legal in California, it becomes a serious criminal offense when it involves coercion, minors, public exposure, or when someone is not able to consent. We will explore what California considers to be a lack of consent and explain the harsh consequences of being on the sex offender registry. Most importantly, we describe the strategic defenses our firm erects to defend your rights and secure your liberty. We examine Penal Code Section 287 through an analysis of the statute and how our experienced defense team routinely attacks state prosecutors, safeguards your constitutional rights, and works... Read More

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