Blog: Criminal Defense

An arraignment is a formal hearing in a criminal case where defendants are advised of the charges that have been filed against them. An accused is also advised that he or she has certain legal and constitutional rights. Finally, the judge asks the accused how he or she would like to plead. If an attorney …

In criminal cases, both the defendant and the prosecution are generally bound by the terms of a plea bargain once it has been entered and sentencing has taken place. However, most states allow defendants to bring a motion to withdraw a plea. Good cause must be demonstrated in order to prevail on the motion. If …

Some examples of witness intimidation include: a defendant mails her accuser an article about witnesses who mysteriously die after testifying. a store robber tells the cashier “bad things will happen” if the police find out. a rapist offers his victim money to not report him. Under California Penal Code 136.1 PC, it is a crime …

Specific intent crimes are those where a prosecutor must prove, beyond a reasonable doubt, that the defendant intended to commit a certain harm. This means a specific intent is a necessary element of the crime itself. Examples of specific intent crimes are: burglary, forgery, and robbery. In contrast, general intent crimes are offenses where a …

Specific intent crimes are those where a prosecutor must prove, beyond a reasonable doubt, that the defendant intended to commit a certain harm. This means a specific intent is a necessary element of the crime itself. Examples of specific intent crimes are: burglary, forgery, and robbery. In contrast, general intent crimes are offenses where a …

While an acquittal is a general term for a not guilty verdict, there is a subtle difference between the two terms under criminal law. Not guilty means that a defendant is not legally answerable for the criminal charge filed against him/her. An acquittal is a finding by a judge or jury that a defendant is …

Lewd and lascivious conduct is defined as a sexual act that is offensive to community standards of decency. It often involves a child. Physical penetration is not necessary. It is a type of sex crime. It is often charged as a felony sex offense. One example of this kind of conduct is intentionally groping a minor. …

Many fights can lead to California battery charges. However, if you face such charges after getting into a fight with an off-duty cop who was acting as a security guard, or with many other kinds of public workers or employees, the consequences of a conviction can be more severe. Most battery charges filed under California Penal …

An example of a wallet gun California Penal Code 17330 PC holds that a “wallet gun” is any firearm mounted or enclosed in a case. Penal Code 24710 is the specific code section that makes these devices illegal. The case for these guns typically resembles a wallet, thus the name. A person can fire a wallet …

There are 3 common strategies for how to beat a solicitation charge. These include asserting that the police engaged in illegal entrapment, showing the evidence to be insufficient to support a conviction, and attacking the arresting officers’ credibility. Each of these strategies can undermine the prosecutor’s case. It can prevent them from proving the charge beyond a …

The statute of limitations for statutory rape in California is either 1 year or 3 years. If the charge is a misdemeanor, it has to be filed within 1 year. If it is a felony, it has to be filed within 3 years. If it is not filed within this timeframe, the charge can be …

Aiding and abetting are similar legal concepts but have slightly different meanings. Aiding a crime means helping someone else commit a crime. Abetting means to encourage or incite a criminal act, but does not necessarily entail helping or facilitating its execution. Both aiding and abetting are crimes and forms of accomplice liability. A conviction usually comes with the same …

Battery can be a crime of moral turpitude (CIMT) if it causes significant injuries. This can trigger extra collateral consequences of a conviction. If you are not a U.S. citizen, you may be deported. However, many batteries do not cause any injuries. Even if committed against a spouse, simple batteries generally not involve moral turpitude. A CIMT can …

Five common examples of aiding and abetting a crime are: encouraging someone else to commit a crime, providing information or equipment, knowing that it would be used in the commission of a crime, assisting with the commission of the crime, acting as a “lookout,” and acting as the “get-away” driver. Note that aiding and abetting a …

Yes, so long as the relationship is not sexual. If they have sexual intercourse, the 21-year-old can face criminal charges for statutory rape if they are not married. The penalties for statutory rape carry up to 3 years in jail. They can also land in deeper legal trouble if they drink or do drugs together. The …

Missing a jury duty date will usually lead to a second summons for jury duty. However, ignoring a summons may be penalized. It can be treated as contempt of court. Jurors can prevent this from happening by showing they were excused from jury service. California courts have a great deal of discretion as to how to …

If a witness in a criminal case refuses to testify, he or she could be found in contempt of court (Penal Code 166 PC). Being found in contempt of court can result in jail time and/or a fine. A victim in a domestic violence or sexual assault case, however, cannot be jailed for refusing to …

A rock may be considered a deadly weapon. Criminal laws generally say that an object is a deadly weapon if it can be used in a manner that makes it capable of producing death or great bodily injury. Given this definition, a “deadly weapon” may include such things as: rocks, bottles, and BB guns. Penal …

“Prowling” is a crime in California per California Penal Code 647i PC, the State’s “peeking while loitering law.” A person commits this offense when he: peeks into an inhabited building, and does so while loitering on private property. PC 647i is technically known as California’s law against “peeking while loitering” or “unlawful peeking.” A violation …

Extradition is the process of arresting and returning a fugitive from one state to another state (or country). At an extradition hearing, a judge first determines whether the right person was arrested. Second, the transfer paperwork is reviewed for correctness. If the demand is proper, the fugitive from justice will be held for pickup by …

The time between an arrest and trial in California depends on whether the defendant committed a misdemeanor or a felony. An accused has a right to a “speedy trial” in his criminal case under both the Sixth Amendment to the U.S. Constitution and Article I, Section 15, of the California Constitution. California has provided further …

No, California does not have a Romeo and Juliet law. In California, it is illegal for anyone to engage in sexual intercourse with a minor. Even another minor. A Romeo and Juliet law says it is not always a crime to have consensual sex with a minor. But the guidelines are very specific. Texas, for …

Some people think corpus delicti refers to a corpse, or a dead body. Not true. Corpus delicti is a Latin phrase that means body of the crime. In a theft case, stolen property is a key part of the corpus delicti. In an assault case, a broken nose might be part of the body of …

There is a statute of limitations for a probation violation in California. The statute of limitations expires the moment when a party’s probation period ends. This means that a probation violation cannot be charged if it gets discovered after a person’s probation period is no longer active. Note that a probation violation occurs once a …