The four main differences between simple battery and aggravated battery involve: the elements of the two crimes, the injuries they can inflict, the penalties, and the defenses you can raise to challenge them. You commit the crime of simple battery if you intentionally make physical contact with a person in an offensive manner, but cause …
Police barged into your California home and seized what they told you was “evidence of a crime.” But they did so without a valid search warrant. The police said they did not need one because of “exigent circumstances.” What does that mean? Below I discuss everything you need to know about the exigent circumstances. Also …
Is Lolicon (Loli) Legal in the United States?Watch this video on YouTube Child pornography laws in California do not explicitly cover loli or manga depicting minors engaging in sexual activity. California statutes prohibit the possession of child pornography. Child porn includes material that “depicts a person under the age of 18 years personally engaging in …
In California, certain employees who lose wages for more than a week because of a non-work-related injury can qualify for short-term disability (SDI). However, you must have contributed to the state SDI program to be eligible for benefits. You also have to get medical treatment and file a claim for SDI benefits. Receiving benefits from …
Oral copulation is the act more commonly referred to as oral sex. For legal purposes, it is defined as any sexual contact between one person’s mouth and another person’s genitals or anus. Oral copulation is perfectly legal when done in private among consenting adults. However, it can be a criminal offense when done without the …
What is a "Suspended Sentence"?Watch this video on YouTube A suspended sentence is where a judge sentences you to jail or prison time, but then delays imposing the sentence in order to let you serve time on probation. If you complete probation successfully, the judge typically dismisses the case without placing you in custody.1 If …
Maybe you were arrested for DUI in California. One of the arresting officers made a comment that you may get probation. Isn’t probation the same as parole? If not, how do they differ? In this article I discuss everything you need to know about probation, parole, and how they are similar and different. You can …
In California, transporting a controlled substance is a crime defined as knowingly moving a usable amount of the drug for its eventual sale. Doing so is a felony punishable by up to 9 years in prison, and even longer if it is a large quantity. You do not have to move the drug a significant …
If you know that you have been falsely accused of a sex crime, you should: get an experienced criminal defense lawyer, understand the allegations being made, gather evidence of the alleged incident, and prepare a legal defense. You should NOT ignore the claims simply because you know they are wrong. You should also avoid contact …
In California, the difference between petty theft and grand theft is typically whether the value of the stolen property is worth more or less than $950. If the value is $950 or less, then it is petty theft. If it is over $950, then it is grand theft. It can also be grand theft to …
Personal injury protection insurance (PIP) is a type of no-fault car insurance available in 21 states but not in California. Instead, California drivers can purchase MedPay, an optional no-fault insurance policy that: covers the accident-related medical bills and funeral costs of you and your passengers (like PIP insurance), but does not cover lost wages (unlike …
In California, the term “financial responsibility law” refers to the requirement that you carry proof of your ability to cover damages you may inflict in the event of a traffic accident. This usually means proof of auto insurance. The law is largely found in Vehicle Code Sections 1600-16078 VC and is sometimes called “California’s Compulsory Financial Responsibility …
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. …
The main difference between first-party insurance and third-party insurance is who gets paid by the insurer. First-party insurance pays the policyholder for his or her covered losses. Third-party insurance, also called liability insurance, pays the victim who has been hurt by the policyholder’s negligence. Nearly all states require vehicle owners to carry at least some …
The difference between an uninsured and an underinsured motorist is whether he or she has any liability insurance coverage, at all. Underinsured drivers have liability coverage that will cover some of the victim’s losses. Uninsured drivers either do not have any liability coverage, or have insurance coverage that will not cover any of the victim’s …
California law allows you to recover two types of compensatory damages in personal injury lawsuits: “Special damages” and “general damages.” Special Damages – also called economic damages – include tangible losses such as medical expenses, lost wages, and any other out-of-pocket expenses incurred from the injury. General damages – also called non-economic damages – comprise …
In California, the service hour rules that commercial drivers have to follow depend on whether their route is interstate or intrastate and what they are carrying. If you are engaged in interstate commerce or are carrying hazardous waste, you have to follow federal hours of service rules. Otherwise, you have to follow the rules issued …
The pain and suffering multiplier is a way to estimate what a fair settlement offer would be in a personal injury case. It adds up your economic damages and then uses a multiplier between 1 and 5 to estimate your noneconomic damages. The result can drive settlement negotiations in your case. Economic versus noneconomic damages …
Ten common injuries from falling down stairs are: broken legs or ankles, arm injuries, broken or fractured hands, traumatic brain injuries (TBIs), spinal injuries, broken ribs, nerve damage, soft tissue injuries, including whiplash, knee injuries, and cuts and bruises. Victims can often recover compensation in a personal injury claim based on premises liability. 1. Broken …
In California, a “motion to stay sentence pending appeal” asks the trial court to delay the sentence while the defendant appeals their criminal case. If the judge grants the motion, the imposition of the sentence will be temporarily paused until the appellate court rules on the appeal. What it would do If successful, a motion …
In some cases yes, it can be a good idea to waive your right to a jury trial. If you choose to do so, the judge would hear the evidence and issue the verdict at your trial, rather than a jury. This is known as a bench trial. Discussing this option with your defense lawyer …
Yes, misdemeanor cases can go to trial. The vast majority of them, however, are resolved without a trial, mainly through plea bargains or dropped charges. Some studies have found that over 90 percent of all criminal cases are resolved without a trial. This percentage is likely even higher for misdemeanors. Most criminal cases end without …
Even though California is an at-will employment state, there are scenarios where it is unlawful for employers to terminate you. Nine common examples of wrongful termination in California are when you get fired for: a discriminatory reason, blowing the whistle on misconduct, filing a workers’ compensation claim, enduring a hostile work environment, demanding unpaid wages …
You may convince the prosecutor to drop the criminal charges against you by: presenting exculpatory evidence, presenting evidence that supports a strong affirmative defense, completing a pretrial diversion program, testifying against another defendant, and/or pleading guilty to a lesser offense. 1. Exculpatory evidence One way to convince a prosecutor to drop the criminal charges against …
In criminal law, the discovery process is when the parties gather and share evidence about the case. It lasts from the time that law enforcement starts their investigation until just before trial. As the prosecutor and your defense attorney uncover evidence, they may have to disclose some of it to the other side. This prevents surprises …
