The maximum sentence for child molestation in California ranges from probation to life in prison, depending on a number of factors: The age of the child, if under 14 years of age, if 14 or 15 years old. Whether there is an accusation that force, violence, duress, or threats were used, The number or pattern …
The law is unclear. If ASP batons fall under Colorado’s definition of blackjacks, then they are illegal in the state. But if ASP batons are not considered blackjacks, then people should be able to possess and openly carry them. What is an ASP baton? ASP is short for Armament Systems & Procedures. It is a …
Colorado judges generally have discretion over whether to impose concurrent- or consecutive sentencing unless a specific statute mandates otherwise. Concurrent means that the defendant serves two or more separate sentences at the same time. And consecutive means that the defendant serves the separate sentences one-after-the-other. When are consecutive sentences mandatory in Colorado? Consecutive sentences are …
California Penal Code 148a1 PC is the California statute that defines the crime of “resisting arrest.” According to this statute, it is a crime for a person to resist, delay, or obstruct a California law enforcement officer or an emergency medical technician (EMT) while he/she is performing, or attempting to perform, his/her official duties. Examples …
Under California criminal law, a statute of limitations (“SOL”) refers to the maximum time period for which a prosecutor can file criminal charges. There are, however, a few California crimes that have no limitations period. Under California Penal Code 799 PC, charges of the following crimes can be brought against a person at any time: …
Shoving someone can be considered both: an assault, per California Penal Code 240, and a battery, per California Penal Code 242. California law says that an assault is an attempt to commit a violent injury on someone else. Shoving a person can definitely equate to trying to hurt another person. The law also says that …
The answer is almost certainly no. This is because the California lawyer-client privilege protects nearly everything you say in confidence to your attorney from disclosure. 1. What is California’s attorney-client privilege? California’s lawyer-client privilege is an evidentiary privilege that protects all confidential communications between a client and his/her attorney.1 The privilege applies to: the client …
Under California self-defense laws, you generally have the right to “stand your ground” and defend yourself and others without retreating. No state law statute authorizes this right that there is no duty to retreat. Instead, case law and jury instructions recognize the right of a person to use force in self-defense without first trying to escape or run …
California relies on a blanket assumption that children under 14 are legally incapable of committing crimes. This means that even if they physically commit a crime, it will most likely not qualify as such because children this young don’t have the maturity or mental capacity to understand the wrongfulness of their actions. If, however, a …
A criminal conviction in California can result in several penalties. For example, an offender may receive a county jail or prison term and may even have to pay substantial fines. But what happens if the offender holds a professional license? The license may actually be included in penalties as well. 1. How does a criminal …
These three California offenses are very closely related, and commonly confused. This is because each one shares “elements” with the other. Let me explain. 1. How does California law define “robbery”? Penal Code 211 PC, California’s robbery law, punishes the act of taking someone else’s property from that person’s “immediate presence” when accomplished by force …
California criminal law recognizes two similar forms of assault. These are assault with a deadly weapon (under Penal Code 245a1) and assault with a firearm (under Penal Code 245a2). Let’s take a look at the difference between the two offenses. 1. How does California law define “assault with a deadly weapon”? Penal Code 245a1 PC defines …
Under a 2010 Supreme Court opinion, juvenile offenders cannot receive life in prison without the possibility of parole as a sentence. 1. What did the Supreme Court say? In the case of Graham v. Florida, the Court said life without parole for juvenile offenders contravenes the evolving standards of decency through which we evaluate the …
Although these are three completely separate crimes, they are often very closely related. This is because any one of these offenses is typically (though not necessarily) carried out simultaneously with the others. 1. What is the connection between the three offenses? The three crimes in question include: Penal Code 417 PC, California’s brandishing a weapon …
Blackmailing is when people demand money or another benefit from someone in return for that person’s promise that he/she will not reveal compromising or damaging information about them. The act is a criminal offense in California under Penal Code 518. PC 518 is the California statute that defines the crime of extortion. 1. How does …
Per California Penal Code 496, receiving stolen property is the crime where people purchase or otherwise take possession of items they know to be stolen. As a general rule, a person charged with this offense is not also charged with the crime of theft. However, an exception applies in cases where a person steals a …
There is no specific rule that prohibits a defendant in a criminal case from speaking directly with the district attorney in an attempt to negotiate a resolution of the charges. However, most jurisdictions have ethics rules that say prosecutors cannot speak directly with defendants whom they know to be represented by an attorney. If a …
A criminal protective order is an order a judge issues to protect either the victim of a crime or a witness to a crime. These persons are often referred to as protected persons. The orders protect the protected person from an aggressor, usually a defendant in a criminal case. CPOs are common in domestic violence …
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 …
A misdemeanor arraignment hearing is usually the first formal court hearing in a criminal case in which a defendant is charged with a misdemeanor offense. During the hearing in most jurisdictions, the court advises the accused of his/her Constitutional rights, the issue of bail and release is determined, the defendant learns of the specific charges …
Plea bargaining is a useful tool that is beneficial to both the prosecution and the defense. The parties typically enter into these negotiations when neither side is confident that the case will ultimately resolve in their favor. When the defendant and prosecutor engage in the plea bargaining process and strike a deal, the prosecutor obtains …
A defendant in a criminal case does not choose which district attorney will be assigned. Nor does the defendant have the power to request a different prosecutor. But in most states, the defense can seek to recuse a district attorney (or a prosecuting agency) if there is a bias or conflict of interest. In California, …
It is a crime in California if a person intentionally shoots a BB gun at another person, per California’s assault and battery laws. This holds true even if a person shoots at someone else and misses. Depending on the specific facts involved in the shooting, the shooter could be charged with: battery, per California Penal …
The criminal laws of most jurisdictions typically provide that people on felony probation can typically leave their county of residence upon the consent of the probation officer. A person on misdemeanor probation is usually free to leave the county provided that doing so does not violate any conditions of probation. While misdemeanor probation is awarded …
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 …
