Information on New Criminal Defense Laws in California
Blog - Page 5 of 16
Benefits of Hiring an Answering Service for your Defense Law Firm
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As a criminal defense attorney, you understand the importance of answering every call from a potential client. However, as your practice grows, answering every call can become a challenge, which is where an answering service can be beneficial. You may have to attend court hearings, conduct investigations, and meet with clients during your work. While you are away from the office, you do not want to miss any crucial calls, which can lead to missed opportunities and clients. One way to ensure you are always reachable is by hiring an answering service for your defense law firm. An answering service is a third-party provider that handles calls on behalf of your law firm. When someone calls your office, the call is forwarded to the answering service, and a live operator answers the phone. The operator then takes a message, schedules appointments, or directs the call to the... Read More
How Does California Law Define the Crime of Torture?
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Criminal offenses attract serious penalties, including jail sentences spanning years and deportation for non-citizens. Subsequently, you must understand the nature and definition of the torture offense in California. The information is relevant, especially after your arrest. It enables you to consult an experienced criminal defense attorney who will help you prepare your defense. By learning about the crime definition, you can also anticipate the prosecutor’s arguments to increase chances of a positive case outcome. At Los Angeles Criminal Lawyer, you will work with some of the best attorneys with years of experience in criminal defense. Their role in handling your case extends to supporting and advising beyond the substantial case matters. For example, you can rely on your attorney to attempt negotiations with the prosecutor. Doing so may reduce the chances of the case... Read More
When Does a Person Commit Spousal Rape in California?
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As a married person, you need to be aware of the laws surrounding spousal rape. In California, Penal Code 261 defines marital rape as any sexual act you commit against your spouse without their consent. You want to know the charges, penalties, and possible defenses you could use if arraigned in court. In California, spousal rape charges can fall under particular categories, including rape by force or violence, rape by threat, or rape by fraud. Once convicted of spousal rape, you could face a sentence of up to 3, 6, or 8 years in prison. These sentences will vary depending on the nature of the crime. For instance, if your spouse suffered a bodily injury, the penalty could range from three to nine years in prison. You want to take spousal rape allegations seriously and seek legal counsel immediately. Your lawyer will review your case, discuss possible outcomes, and help... Read More
What is the Legal Definition of a California Robbery?
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Robbery may be a common violation, but the state’s law considers it a serious crime. If found guilty of robbing someone, you may face hefty fines and end up in prison for an extended period. You should know various things about the crime of robbery, starting with what constitutes a robbery per California law. Defining The Crime of Robbery Under California law, robbery means taking property from another’s possession or their immediate presence against their will, achieved through fear or force. The force could involve a dangerous weapon (armed robbery), or it could only entail simple physical force (strong-arm robbery). And the intention to take the personal property in question should be formed during or before a defendant uses fear or force. If the accused did not create the required intention after using fear or force, they are not guilty of robbery. Robbery is... Read More
How Does California Law Define the Crime of Torture?
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California law defines torture as causing significant bodily injury to someone else with an intent to cause cruel pain or suffering for revenge, extortion, or other sadistic purposes. When you face charges of torture, you must understand that evidence of actual injury to the victim is not necessary to secure a conviction. Having the intent to commit the crime is enough to find you guilty under California PC 206. Torture is one of the most severe offenses for which you can be charged in California. Therefore, you should expect the prosecution team to aggressively pursue a conviction and harsh penalties in your case. You could face life imprisonment if you are found guilty of violating PC 206. Additionally, having a felony conviction on your criminal record can harm your life moving forward. Your best bet at beating your torture charge and avoiding the legal and... Read More
What is Forced Oral Copulation in California Laws
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Oral sex or copulation is not unlawful when it occurs with the other partner's consent. Therefore, when your sexual partner agrees to oral sex, they cannot argue they were forced into the act. Oral sex is the touching or interaction between the mouth and someone else’s genitals or anus. However, it becomes illegal when the deed is non-consensual and is achieved using coercion, pressure, or fear. The laws on forced oral sex are complex, which is why they are discussed further below for better understanding of the offense, its penalties, and possible defenses. Forcible Oral Copulation at a Glance Section 287 of the state’s Penal Code describes forced oral sex or copulation as an interaction between somebody’s mouth and another party’s intimate parts without prior permission. Per the statute, oral sex is unlawful when: It is accomplished through fear, force, threats,... Read More
