Information on New Criminal Defense Laws in California
Blog - Page 7 of 16
Drug Crimes Involving Xanax and What You Need to Know
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Xanax is a prescription medication for anxiety and panic disorders. It belongs to a class of drugs called benzodiazepines, which work by slowing down the activity of the central nervous system. Its generic name is Alprazolam, and other street names include Z-bars, blue footballs, bars, planks, handlebars, Xansm, bennies, benzos, chill pills, totem poles, school buses, and white boys/girls. Whereas Xanax is effective in treating anxiety and panic disorders, the risk of overdose cannot be overlooked. This risk informs the regulation of Xanax, specifically on possession and its use. Regulation Of Controlled Substances Xanax is a controlled substance regulated both at the state and federal levels. This means it is... Read More
What Are The Consequences Of Rape Of An Intoxicated Woman?
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Rape, sexual assault, and other "egregious" sexual acts come to mind when we think of sex crimes. Nevertheless, not all sexual misconduct offenses make newsworthy headlines. More often than not, sex crime accusations are not as sensational as people think. In fact, some individuals commit sex crimes without even being aware of them. Under PC 261(a)(3), raping an intoxicated woman is an offense. The law defines rape as having sexual intercourse with another person without her consent under certain circumstances. You could face charges under PC 261(a)(3) if you have sex with a woman who cannot consent or resist due to an anesthetizing or intoxicating substance. To face charges, you must have known that the victim was intoxicated. The violation of PC 261(a)(3) is a serious felony offense with severe consequences. If you or your loved one faces charges of raping an... Read More
What is the Difference Between a DUI Hit and Run and a Regular DUI in California?
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A DUI (Driving Under the Influence) is defined as operating a vehicle with a blood alcohol concentration of 0.08% or higher. On the other hand, a hit and run is an act of leaving the scene of an accident after causing property damage or injury to another person. When these two offenses occur together, it is known as a DUI hit and run. It can happen when someone is driving under the influence, then causes an accident, and leaves the scene without stopping. In this article, we'll explore the differences between DUI Hit and Run and regular DUI in California, including the legal implications and potential consequences. What is a DUI Hit and Run? A DUI hit and run is a serious crime under California law. It involves driving under the influence (DUI) and then fleeing the scene of an accident without providing any identifying information or rendering aid to any injured... 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 in California?
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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
