Information on New Criminal Defense Laws in California
Blog - Page 11 of 16
When Does Sexual Assault of a Child Become Aggravated in California?
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California Sex Crimes Laws cover a range of offenses that attract varying penalties. Among the most serious crimes is aggravated sexual assault of a child. Penal Code 269 describes the offense as having certain types of sexual contact with a minor younger than 14, where the age difference between the juvenile and defendant is seven years or more. The severity of this sex crime puts the penalties at the harsher end of the spectrum. State and federal laws ensure zero-tolerance of violent crimes against minors. A mere accusation is enough to have the law enforcement, prosecution, and even child protective services investigating your case to ensure justice for the young victim. Your freedom, reputation, and welfare are at stake, making it imperative to seek reliable legal counsel from an experienced criminal defense attorney. Penal Code 269 Defined Under Penal Code 269, a... Read More
What is Considered an Attempted Crime in Los Angeles?
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California’s Penal Code Sections 21(a) and 664 define attempted crimes laws. An attempted crime is the offense of making a direct step towards committing a crime. It is a distinct crime on its own, and it attracts one-half of the penalties of the complete crime or a unique set of penalties if accused of attempted murder under Penal Code Section 664. Common attempted crimes charged under Penal Code 21(a) include attempted robbery, battery, burglary, rape, or theft. There are legal consequences for attempting a crime, even if you are unsuccessful. An attempted crime is classified as an “inchoate” (incomplete) crime. The defendant violates the law by taking a punishable step towards committing a crime, only that these steps are ineffective or unsuccessful. Attempted Crime Defined An attempt to commit a crime is a criminal offense, even if an attempt fails. The law... Read More
When is Sexual Harassment at Work Considered a Crime in Los Angeles?
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Despite the changes in the law on sexual harassment and the efforts to raise awareness, sexual harassment is still a prevalent problem in the workplace in the United States. At the workplace, sexual harassment is any unwelcome conduct of a sexual nature that creates an unconducive environment for the victim. Sexual harassment at work is illegal in the sense that it violates both state and federal civil laws. In most cases, sexual harassment at work is treated as a civil wrong, and the only way a victim could seek justice is by filing a civil claim against the perpetrator. However, there are instances where acts of sexual harassment attract criminal charges under California law. If you engage in acts such as rape, stalking, sexual battery, or child pornography, you could face arrest and criminal charges. Sexual harassment conduct that is considered illegal attracts... Read More
What is Prosecutorial Misconduct in Los Angeles?
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The principle of natural justice protects defendants in criminal cases. Under the doctrine, a defendant is entitled to a fair and unbiased trial based on the truth, which will lead to the responsible party being held accountable for his/her criminal acts. Prosecutors bear the burden of presenting the truth in every case. When prosecutors engage in illegal or unethical behavior in a criminal case, they violate the tenets of natural justice. Defendants end up falsely convicted and spend a significant portion of their lives in jail or prison. What actions describe prosecutorial misconduct? Is there a reprieve if your conviction resulted from prosecutorial misconduct? And will the prosecutor found to have engaged in misconduct be held responsible for his/her actions? These are some of the questions this article seeks to address for you to understand prosecutorial... Read More
What Is Being An Accessory To Murder in Los Angeles
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When you are an accessory to murder, it means that you help or assist the perpetrator (killer) before or after committing murder. You do not need to have been present during the commission of the crime to serve as an accessory. Most people who serve as an accessory to murder are never present during the commission of the offense. In most jurisdictions, being an accessory to murder is a felony crime, not a misdemeanor. The conviction of this crime could lead to years in jail or state prison. You can be either an accessory after the fact or an accessory before the fact. An accessory after the fact means that you help after the commission of a felony. It implies that you harbor, conceal, or aid the perpetrator after committing murder. An accessory before the fact means that you aid or help another person before they commit a felony (murder). In most states, including... Read More
How Can I Get My Felony Dismissed in Los Angeles?
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California PEN 995 Motion is a legal defense motion requesting the court to set aside a felony or both felony and misdemeanor charges on the basis that the preliminary proceeding’s judge improperly or incorrectly allowed the case to proceed. Usually, the motion is filed after the preliminary hearing and only applies where you face a felony count because, without a felony charge, there could be no preliminary hearing. If you encounter a felony count and feel the judge incorrectly sustained the initial hearing, below is how you could have the entire or part of the count set aside. Understanding PEN 995 Motions As per PC 995, a 995 motion (pronounced as nine, nine, five) seeks to have a trial judge set aside the entire or part of a criminal complaint. You can file the motion under this section if you face felony counts or charges of both felony and misdemeanor. Note that... Read More
