Information on New Criminal Defense Laws in California

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Petty Theft vs Grand Theft in California – The Difference?

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Whether your theft charge is petty or grand theft will determine the likely fines you will pay or whether you are sent to a county jail or state prison upon conviction. The difference lies in the value of the stolen goods, but it is not always that simple. In some cases, the law sets aside the dollar amount rule, such as if a firearm is stolen (that is always grand theft). If you know the details of each crime and the penalties, you can figure out your situation and decide what to do to protect your future. How Do The Definitions Of Petty Theft And Grand Theft Differ? What Is “Theft” in California? No matter how serious, all theft offenses have these four main elements in common: Someone else was the legal owner or possessor of the property you took You took the property without having permission to do so When you took the item, you planned to keep it for good or... Read More

Freeway Accident Due to Bad Lighting – Who is Liable?

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Driving on a dark freeway at night is like navigating a minefield. Shadows dance, visibility drops, and hazards can appear out of nowhere. Although drivers are primarily responsible for the safe operation of a vehicle, what happens when poor infrastructure, in this case, inadequate lighting, contributes to a serious collision? An unexpected crash in the dark could cause you to suffer injuries or death. The question then arises, “Who is at fault? The drivers or the people who were responsible for ensuring road safety?” Investigating liability in a freeway accident due to inadequate lighting will involve establishing negligence, duty of care, and the importance of lighting. This is not merely about who was driving but focuses on systemic deficiencies that can turn a typical commute home into a horrific incident. What Constitutes "Bad Lighting" on a California... Read More

Can a Felon Own a Gun in California?

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In California, a single felony conviction can cost you your Second Amendment right to own a gun. Under California Penal Code 29800, a felony conviction almost always means you cannot own or possess a firearm ever again. But how long do you have to wait to regain your right to own a firearm? Most people with a state or federal felony conviction face a lifetime ban. However, California and federal gun laws are complicated, and every case is different. If you have a felony conviction, the court can look at your case to see whether you qualify for any relief options that could help you restore these rights. In this blog, we will discuss whether California laws allow convicted felons to own firearms and what you can do to regain your gun ownership rights after a conviction. Keep reading to learn more. “Felon In Possession of a Firearm” Law Under California Penal Code... Read More

Is Hit and Run a Felony?

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A hit-and-run occurs when you flee from the scene of an accident that has resulted in property damage or an injury. The law requires drivers to stop, offer assistance, call the police, and exchange information when involved in an accident. You are legally required to stop, regardless of injury or fault. This facilitates the police in obtaining clear statements to determine the accident's cause and the responsible party. Hit-and-run accidents can be prosecuted as misdemeanors or felonies in California, depending on the case details. A conviction for a felony results in a more severe penalty than a conviction for a misdemeanor. It helps to understand why you face felony charges after a hit-and-run to prepare yourself for what to expect during and after a trial. A skilled criminal attorney can help with this. They can also protect your rights and use the best defense... Read More

Falsely Accused of a Sex Crime - What Do I Do Next?

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Being accused of sexual misconduct of any kind is a serious matter you should not take lightly, even if you believe the allegations are untrue. Even a baseless sexual offense allegation could significantly affect your relationships, reputation, and livelihood, even before a conviction. Regrettably, false accusations of sexual offenses happen more frequently than you can imagine. Whether the alleged offense is a felony or misdemeanor, taking proactive measures to protect your best interests and challenge the offense is vital. In addition to negatively affecting your reputation, a conviction for a sex crime could attract various legal repercussions, including fines, jail time, and inclusion in the sex offender registry. Knowing what to do if you are a victim of false accusations in a sex crime is key to protecting your best interests and avoiding the possible... 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

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