What is indeterminate sentencing? How it worksWatch this video on YouTube In California, an indeterminate sentence is a prison sentence with a minimum amount of time, but no fixed release date. An example is a sentence of “10 to 20 years in prison.” It is up to the parole board to determine the date of …
Legal Analysis: Falsely accused of rape in California?Watch this video on YouTube If you have been falsely accused of rape, you have defenses at your disposal. These include showing that the allegations have an ulterior motive, that there was no intercourse, or that the sex was consensual. There are also numerous things that you should …
States have three primary approaches as to how much cocaine it takes to trigger felony charges: Some states treat the possession of any amount of cocaine, even very small amounts, as a felony. Other states have a specific threshold amount (such as 500 milligrams in New York) that makes it a felony. A third set …
In California, you can expunge a felony conviction by: completing the necessary expungement application forms, filing them in the court that heard your case, and appearing before a judge at the expungement hearing. Many felony convictions are eligible for expungement, though some sex crimes are not. Expungements are more difficult if you served prison time. …
You may have heard of people being hit with California felony penalties for shoplifting items from a store–and may have wondered if this can really happen. The quick answer is: it is possible for someone to be charged with a felony for shoplifting. But it is now more difficult for prosecutors to charge a shoplifter …
Many felonies cannot be expunged. Each state has its own rules. Some states allow for the expungement of all or most felony convictions. Other states do not allow felonies to be expunged at all. Certain felonies are almost never eligible for expungement. These generally include murder, serious violent crimes, and sex crimes involving children. In …
California law say that theft is “grand theft” when “the money, labor, or real or personal property taken is of a value exceeding $950.” Grand theft is a wobbler under California law, meaning that a prosecutor can charge the offense as either a misdemeanor or a felony.1 Can felony theft involve taking $950 or less? …
Playlist: Negligent HomicideWatch this playlist on YouTube Negligent homicide is defined as a crime where you commit some act of criminal negligence, and the act results in the killing of another person. While state laws slightly vary on the definition of “criminal negligence,” it is generally viewed as conduct where a person ignores a known …
Accidental homicide is where you kill someone in the course of a lawful act that is done with a reasonable belief that no harm will take place. Most jurisdictions say that an accidental killing is not a crime. However, you could face criminal charges if you killed someone on accident while performing an unlawful or …
Punching a person is a battery under California law (per Penal Code 242), and it could be charged as a felony if you: punched a public servant, as in a police officer, firefighter, or EMT, or punched a person and it caused great bodily injury. In both of the above scenarios, the battery is charged …
Felonies and misdemeanors are the two levels of criminal offenses in California. Misdemeanors are less serious crimes where the maximum sentence is not more than one year in jail. Felonies are more serious crimes where the potential sentence is more than one year in jail or prison. Misdemeanor fines are capped at $1000.00. Felony fines …
If you are found to be in violation of felony probation, the court can sentence you to up to the amount of jail or prison time that was suspended at sentencing. If there was no custody time suspended, then the court has the discretion to sentence you to up to the maximum term for the …
Under Penal Code 503 PC, California law treats embezzlement as a form of grand theft. As such, the crime can be charged as a felony when the embezzled property is a firearm, an automobile, or worth more than $950. In these cases, embezzlement is a type of wobbler offense. This means it can be charged …
You were arrested for a crime and heard that it is punishable by custody in county jail. Is jail the same as prison? If not, what’s the difference? State prisons are operated by state governments and usually house inmates for over a year (and sometimes as long as “life”). Jails, by contrast, are typically operated …
Every state in the U.S. treats the crime of kidnapping as a felony offense (as opposed to a misdemeanor). Many states have different degrees of felonies so the specific penalties for this offense will slightly vary among jurisdictions. However, most states say that the offense is punishable by minimum state prison sentences of up to five …
A felony pretrial hearing is a meeting in court involving the defendant, the criminal defense lawyer, the prosecutor, and the judge. The hearing takes place after the preliminary hearing, but before the jury trial. Sometimes the court holds several pretrial hearings before the case is set for jury trial. The following five things often take …
People accused of felony offenses should consult with a criminal defense attorney for help. A felony defense lawyer will advise the defendant on the best legal defense to raise to contest any criminal charges filed. A successful defense could lead to a dismissal of the charge or a reduction from a felony to a misdemeanor. …
While a first-time offense of indecent exposure (“IE”), per Penal Code 314, is charged as a misdemeanor in California, a second offense will result in a felony charge. Indecent exposure can also be charged as a felony if it is a form of “aggravated” IE. Indecent exposure is defined as a male or female: willfully …
Colorado felony sentences carry prison terms, fines, or both. There are six different classes of felonies and four different classes of drug felonies, each with its own sentencing range. But it may be possible to get probation and a suspended sentence in lieu of prison for certain criminal offenses. Here are three things to know: …
As of December 8, 2020, LADA (Los Angeles District Attorney’s Office) has stopped filing sentencing enhancements in felony cases in accordance with Special Directive 20-08. The only exceptions are cases involving children, the elderly, and hate-motivated crimes Which sentencing enhancements have LADA stopped filing? With the exception of cases involving vulnerable victims, L.A. County prosecutors …
Felony probation lasts up to 2 years for most non-violent felonies. It can last up to 3 years for the crimes of grand theft, embezzlement, or theft by false pretenses that involve more than $25,000. The term of probation can be longer for violent felonies, or for crimes that specify the applicable term of probation. …
There are five main differences between misdemeanor probation and felony probation in the California criminal court process. Perhaps the biggest difference is that while misdemeanor probation is typically available for defendants with a misdemeanor conviction, felony probation is available to persons that were convicted of felony offenses. Other differences include that, in comparison to felony …
“Sextortion” is a form of blackmail under Penal Code 518, California’s extortion law. California law defines “extortion” as: The act of obtaining property or other consideration from someone, With his or her consent, By the use of force or fear. Extortion is commonly referred to as “sextortion” when the consideration demanded involves: Sexual conduct, or …
