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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. But certain felonies are almost never eligible for expungement. These generally include murder, serious violent crimes, and sex crimes involving children. …
What is indeterminate sentencing? How it worksWatch this video on YouTube An indeterminate sentencing structure is one where a sentence for a criminal offense is given as a range. For example, a defendant could be sentenced to “15 years to life in prison.” With an indeterminate sentence, a minimum prison term is always given but …
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 …
Different states have their own “felony-theft” threshold, which refers to how much property (as measured in terms of a dollar value) a person must steal for a prosecutor to charge the offense as a felony (as opposed to a misdemeanor). For example, California law states that people commit felony theft (or grand theft) if they …
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 or obvious risk or disregards the life …
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 embezzlement cases where the property is worth $950 or less, the offense is a form …
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 …
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 …
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 …
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 …
If a person in California was convicted of a felony and the conviction did not result in state prison time, he or she can apply for an expungement under Penal Code 1203.4 PC. There are several steps to the expungement process, which include completing the necessary expungement application forms, filing them with the court where …
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. …
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 …
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 …
False accusations of rape occur when an accuser claims to be a victim, but in actuality, no rape ever took place. Many of these cases turn out to be he said /she said scenarios where there are no independent witnesses or other corroboration. When this occurs, there are a number of legal defense strategies that …
Felonies and misdemeanors are two classes of crimes under California law. Misdemeanors are less serious crimes for which the maximum sentence is not more than one year in jail. Felonies are more serious crimes for which the potential punishment is more than one year in custody. Misdemeanor fines are capped at $1000.00, whereas felony fines …
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. …
Punching a person is a battery under California law (per Penal Code 242) and it could be charged as a felony if the defendant: 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 …
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 …
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 …