Information on New Criminal Defense Laws in California
Blog - Page 11 of 19
What is Statutory Rape in California?
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Sex should be consensual. Without consent, any sexual intercourse with another person is non-consensual. This could result in rape charges. However, when it comes to contact with children, consent is not required to secure a conviction. The law deems children incapable of fully comprehending the nature and consequences of sexual acts. Thus, they are incapable of permitting sexual engagement. Therefore, any sexual intercourse with minors results in criminal charges of statutory rape. Here is a look at statutory rape under the law and the consequences you could face if convicted. What is Statutory Rape Per California Law Penal Code 261.5 makes it illegal to engage in sexual intercourse with a person under 18,... 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
What is the Difference Between Assault and Battery?
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In California, complex laws criminalize battery and assault. Under California PC 240, the law describes assault as a threat combined with the ability to inflict bodily injuries and harm. The perpetrator of assault does not necessarily need to harm or touch the victim. You can face conviction for assault, provided the victim feels threatened by your acts. Alternatively, California PC 242 describes the crime of battery. The crime involves the unlawful and intentional use of force against the victim. Touching someone offensively constitutes battery, even when the victim does not suffer injuries or pain. In California, assault and battery are closely related, although they are distinct. When you face the charge of assault, you want to learn the differences between assault and battery. The crimes differ in their definition, elements, and penalties and in fighting the... Read More
