Information on New Criminal Defense Laws in California
Blog - Page 9 of 20
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
What is Considered Spousal Rape
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Rape is a severe crime that involves unconsented sexual intercourse. You can be arrested and charged with spousal rape when you use force, violence, or threats to engage in sexual intercourse with your spouse. Regardless of the nature of your relationship with a person, every sexual act in California must have consented. If the prosecution can prove that sexual intercourse happened and there was no consent from both parties, a conviction may be inevitable. Marital rape is charged as a felony under California Penal Code 262. A conviction for this offense will attract severe legal and collateral consequences. In addition to spending time in prison and paying hefty fines, the court will mandate that you register as a sex offender. Sex offender registration affects your personal and professional life by tainting your reputation. Sex crime laws in California are very... Read More
What is Considered an Assault on a Police Officer in California?
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Assault on a police officer refers to an intentional or reckless act that causes an officer to fear for his/her safety or others, regardless of whether there is physical contact. In general terms, it is an attack or an attempt to attack a law enforcement officer while performing their official duties. For an assault to be considered an assault on a police officer, the victim must be a peace officer, which includes police officers, sheriffs, and other law enforcement officials engaged in their official duties. You risk facing prosecution if the victim is a peace officer. This category includes public servants like firefighters, paramedics, and other first responders. If you are charged with this offense, you should contact a criminal defense attorney as soon as possible to help you navigate the criminal justice system and to ensure your rights are protected. Assault on... Read More
