Information on New Criminal Defense Laws in California
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Is California a “Stand Your Ground” State? Here is the Answer
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Whether California is a stand-your-ground state is a complex issue with more nuance than a simple yes or no. Although California does not have a ‘Stand Your Ground’ statute, its self-defense laws often produce similar outcomes. California law does not require an individual to retreat after facing a threat of imminent violence, but instead allows them to use reasonable force to defend themselves. This is a significant difference from states that follow the duty to retreat doctrine, in which an individual must seek to escape a hazardous situation if they can do so safely. California law focuses on Understanding California's Self-Defense Law Many believe California is a “Stand Your Ground” state, but the reality is more nuanced. However, unlike states like Florida, California does not have a “Stand Your Ground” law. However, through decades of case law and codified in... Read More
Infraction vs Misdemeanor – What’s The Difference?
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Although the terms are often used interchangeably in everyday speech, an infraction and a misdemeanor are two distinct legal categories with significant differences in impact. Understanding the distinction is important because an infraction typically results in a fine, while a misdemeanor can lead to a criminal record and even imprisonment. The fundamental difference is that an infraction is a civil violation, whereas a misdemeanor is a criminal offense. This distinction affects not only the penalties imposed but also the long-term consequences for your life. Therefore, it is essential to understand what you are dealing with before dismissing a traffic ticket as a minor inconvenience. The information below addresses the differences. What is an Infraction? An infraction is the lowest level of violation in California and is not classified as a criminal offense. An... Read More
When Can Minors Be Tried as Adults in California?
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As a parent, nothing is more terrifying than finding out that your child is in trouble with the law. You maneuver a complicated legal system with its jargon and lengthy process that may permanently change your child's future. The California justice system suggests that minors are not the same as adults. The main aim of the juvenile court is not punishment but rehabilitation. It seeks to know the underlying reasons behind a child's behavior and offer the education, counseling, and guidance needed to get them back on the right track. However, the boundary between the juvenile and adult systems may be blurred. In some serious offenses, California law permits a young offender to be taken out of the juvenile court's rehabilitative environment and exposed to the full force of the adult justice system. A particular code of rules, age restrictions, and court checks regulates... Read More
PTSD Defense – Does it Apply to California Criminal Cases?
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When you are charged with a crime in California and have Post-Traumatic Stress Disorder (PTSD), you are probably struggling with many questions. You may think your mental state caused you to act abnormally. A violent criminal charge may stem from a time when your actions were a reaction to something in your past. As you navigate the California justice system, you must understand whether your diagnosis can be applied to dispute the charges against you. The answer is yes, it can be done, but it is not an effortless route. The circumstances of your case will largely be determined by the extent of your condition and the quality of your legal approach. An Overview of PTSD and its place in the courtroom Post-Traumatic Stress Disorder (PTSD) is a medically accepted mental condition that develops when you have been exposed to or have witnessed a traumatic experience,... Read More
SB 384 California - The New Sex Offender Registration, What To Know
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Being ordered to register as an offender in California can significantly and permanently affect your life. Megan’s Law publishes public records of individuals convicted of certain registerable sex crimes. In the past, people who were convicted of a sex offense were required to register as sex offenders for life. However, from 2021, tier 1 and tier 2 sex offenders are no longer required to register as sex offenders for life. Consult a skilled criminal defense attorney if you have been ordered to register as a sex offender. Understanding Senate Bill 384 The former California Governor Jerry Brown signed Senate Bill 384 on October 6, 2017. This statute was enacted on January 1, 2021, implementing a three-tier registration system. Senate Bill 384 differentiates sex crimes by the seriousness of the offense. The California Department of Justice started determining the tier... Read More
Juvenile Drug Possession California – What Can Happen?
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For a teenager, being caught with drugs can feel devastating. In California, the juvenile justice system, however, tends to place a greater focus on rehabilitation rather than severe punishment for drug possession crimes. However, a rehabilitative approach does not mean a lack of consequences. Whether it is direct warnings, possible incarceration in a juvenile hall, required counseling, probation, or even their long-term college and career opportunities, the court process a teenager experiences after being charged with drug possession can severely alter their lives. Knowing what may occur is vital to juveniles and their families who have to go through this challenging process. What is the Meaning of Drug Possession By a Minor in California? In California, it is essential to know what possession entails in terms of juvenile drug crimes because it does not necessarily... Read More
