Information on New Criminal Defense Laws in California
Blog - Page 12 of 20
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
What Is Considered Continuous Sexual Abuse Of A Child
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In California, many people are convicted of sexual crimes. Continuous sexual abuse of a child is one of California's most common and severe sex crimes. Continuous sexual abuse of a child is a crime charged under Penal Code 288.5 of California law. You could face severe penalties and hefty fines if you are guilty of this crime. You could also lose some rights, like owning a gun, and face negative immigration consequences, among others. If you or a loved one is accused of continuous sexual abuse of a child, you should seek the services of a competent criminal attorney to help you navigate the legal system and defend your rights. Continuous Sexual Abuse Of A Child — Penal Code 288.5 The crime of continuous sexual abuse of a child is defined under Penal Code 288.5. This statute requires the prosecutor to prove some elements to charge you with this crime. The elements the... Read More
When Does Trespass Become Aggravated in Los Angeles?
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Many people are familiar with simple trespass, which involves entering another person’s property without the owner’s consent. However, aggravated trespass is more than entering the property. California PC 601 defines aggravated trespass as threatening another person with physical injury or death and then entering their property, home or workplace within thirty days of making the threats. Acts like putting threatening posters on a person’s property could be considered aggravated trespassing if you have made previous threats to the alleged victim. Trespass is a serious offense, and the situation worsens when you face aggravated trespass. Although a typical trespass offense attracts misdemeanor charges, prosecutors can charge aggravated trespass as a felony. A conviction for violating PC 601 attracts serious legal penalties, including lengthy prison time and fines.... Read More
What To Do When Your Child Is Arrested in Los Angeles?
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Children are the most rewarding yet most challenging to deal with. You can do everything possible to instill essential values and moral standards in your children and give them the right tools to make good decisions, but they could still surprise you with the unexpected. Many parents assume that they have a "good kid." However, this thinking changes when they receive the dreaded phone call informing them that their child is in trouble with the law. However, one arrest or mistake does not make your child a criminal or imply that they will lead a life of crime. Your child could be a victim of a situation they mistakenly put themselves in, a prank that took a wrong turn, or involvement with the wrong crowd. The way you respond after learning that your child has been arrested will have an impact on their case and their future. Here is what you should do when your child is... Read More
Consequences of Driving With a Suspended License in California
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Many drivers do not know it, but driving with a suspended license is a traffic offense that can land you in jail for a significant period and even pay a fine upon conviction. What you do soon after an arrest for the offense of driving with a suspended license can significantly influence the case's outcome at trial. Despite the valid concerns you could have about what the alleged case could turn out to be, do not panic and say anything you could regret to the arresting officers. One way you can protect your best interests and increase the odds of challenging the alleged case at every stage of the legal justice system is by retaining the services of an attorney. A skilled and seasoned attorney can investigate and examine the specifics of your unique case to build bulletproof defenses that can work out in your favor for an acquittal of the charge or a lighter charge. Keep... Read More
How is Resisting Arrest Defined Under California Law
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It is a criminal offense to resist an arrest in California. Resisting an arrest occurs when you willfully resist, delay or obstruct a police officer performing or attempting to perform their official duties. You could do so in many ways, including fleeing from a police officer, refusing to be handcuffed, or refusing to step out of your vehicle when an officer asks you to. The offense is mainly a misdemeanor, attracting severe penalties, including jail time for a maximum of one year and court fines of up to $1,000. Charges for resisting an arrest can be intimidating. That is why you need the help of a criminal attorney to walk you through the legal process and protect your rights. Your attorney will also help you understand what resisting an arrest entails and its legal implications for those found guilty under the law. The Legal Meaning of Resisting Arrest in... Read More
