Criminal Defense - Page 4

ARS 13-1203 – Assault – Arizona Law & Penalties

ARS 13-1203 is the Arizona statute that defines the crime of assault. People commit this offense when they intentionally or recklessly cause physical injury to someone, intentionally place another person in fear of physical injury, or knowingly touch someone with the intent to injure or provoke them. An assault conviction is a misdemeanor that is …

ARS 13-1405 – Sexual Conduct With a Minor – Arizona Law & Penalties

ARS 13-1405 is the Arizona statute that defines the crime of sexual conduct with a minor. People commit this offense if they intentionally or knowingly have sexual intercourse or oral sexual contact with anybody under 18 years of age. A conviction under this law could lead to a Class 2 felony which is punishable by …

ARS 13-1201 – Endangerment – Arizona Law and Penalties

ARS 13-1201 is the Arizona statute that defines the crime of endangerment. People commit this offense if they recklessly put someone at risk of imminent death or physical injury. Depending on the facts of the case, an endangerment conviction is a Class 6 felony punishable by a state prison sentence of up to two years. …

ARS 13-1404 – Sexual Abuse – Arizona Law & Penalties

ARS 13-1404 is the Arizona statute that defines the crime of sexual abuse. Defendants commit this offense when they intentionally or knowingly make sexual contact with a person who is 15 years of age or older without that person’s consent, or contact a person under 15 if the contact involves the female breast. A violation …

ARS 13-1406 – Sexual Assault (Rape) – Arizona Law & Penalties

ARS 13-1406 is the Arizona statute that defines the crime of sexual assault (rape). A person commits this offense if he/she intentionally and knowingly engages in sexual intercourse or oral sexual contact with another person without that party’s consent. A violation of the law is charged as a Class 2 felony and a conviction can …

ARS 13-1204 – Aggravated Assault – Arizona Law & Penalties

Updated February 19, 2021 ARS 13-1204 is the Arizona statute that defines the crime of aggravated assault. A person commits this offense if he/she assaults another person and does so by means of certain aggravating factors (such as assault with a deadly weapon or assaulting someone and causing serious physical injury). The offense is generally …

Penal Code 519 PC – “Fear” for the Crime of Extortion in California

Updated February 2, 2021 Penal Code 519 PC is the California statute that provides the definition of “fear” which is one of the elements of the crime of extortion. According to this section, fear is a victim’s reaction to certain threats made by the extortionist. For example, threatening behavior that may bring about fear for …

Colorado Drug Sentencing Alternatives

Updated January 13, 2021 Colorado drug diversion and “wobbler” sentencing Colorado policy is to offer low-level drug offenders every opportunity for rehabilitation rather than incarceration. Depending on your drug offense and your criminal history (if any), alternatives to incarceration for drug offenses may include: Pretrial diversion for first time drug misdemeanors; or A deferred sentence …

Penal Code 402a PC – Sightseeing at the Scene of an Emergency

Updated June 18, 2021 California Penal Code 402 PC, subsection a, makes it a crime to sightsee at an emergency. This is defined as lingering at the scene of an emergency in such a way that it hinders police and first responders from performing their functions. A violation of this law is a misdemeanor offense …

Penal Code 332 PC – Obtaining Money by Gaming Fraud

Updated June 9, 2021 Under Penal Code 332 PC, California’s gaming or gambling fraud law, it is a crime fraudulently to obtain someone else’s money or property by way any of card games or tricks, betting or gambling, or pretensions to fortune-telling. Note that California’s gambling fraud law does not prohibit either gambling or bookmaking …

Penal Code 409.5 PC – Unauthorized Entry into a Closed Emergency Area

Updated June 21, 2021 Penal Code 409.5 PC is the California statute that prohibits the unauthorized entry into an emergency area. This means to enter and remain in an area that law enforcement officers have closed because of a disaster such as a storm, fire, earthquake, or accident. A violation of this law is a …

Health & Safety Code 11366 HS – Operating or Maintaining a Drug House

Updated June 8, 2021 California Health & Safety Code 11366 HS makes it a crime to operate or maintain any place for the purpose of unlawfully selling or giving away illegal controlled substances. Operating a drug house can be charged as a misdemeanor or a felony, and a conviction carries a sentence of up to …

Marlex Hernia Mesh Devices by C.R. Bard – Key Information

Updated December 21, 2020 Marlex is the trademarked name for a specific type of plastic. That plastic is used in many of C.R. Bard’s hernia mesh products. Marlex was never being designed for internal use, as it was known to degrade inside the body as it comes into contact with oxygen. Nevertheless, C.R. Bard has …

Penal Code 243b & 243c PC – Battery on a Peace or Police Officer

Updated January 7, 2021 Penal Code 243b and 243c are the California laws that define the crime of battery on a peace officer or police officer. A person commits this offense by willfully and unlawfully touching a peace officer or other protected official in a harmful or offensive manner. Note that officers may write the …

“Crimes Involving Moral Turpitude” in California Criminal Law

Updated October 9, 2020 A “crime involving moral turpitude” (or CIMT) is an offense that involves either (1) dishonesty (such as fraud), or (2) base, vile, or depraved conduct that is shocking to a reasonable person. A conviction for a crime of moral turpitude can have a negative effect on a person’s immigration status if …

Penal Code 303a PC – Loitering to Solicit the Purchase of Alcohol

Updated June 9, 2021 Penal Code 303a is the California statute that makes it a crime to loiter in or around a bar or restaurant for the purpose of asking other patrons or customers to purchase alcohol. This offense is a misdemeanor that can lead to up to 6 months in jail. The language of …

CRS 18-4-202 – First-Degree Burglary in Colorado

Updated March 11, 2021 CRS 18-4-202 is the Colorado law that defines first-degree burglary as knowingly entering another’s property with the intent to commit a crime, and committing an assault on someone or having a deadly weapon. As the most serious burglary crime, first-degree burglary is a class 3 felony that carries 4 to 12 years in prison and/or $3,000 to …

Shoplifting Laws in Nevada

Updated July 11, 2020 Playlist: Nevada "shoplifting" lawsWatch this playlist on YouTube Nevada law defines shoplifting as intentionally stealing items from a retail establishment. The crime is formally referred to as larceny. The degree of larceny depends on the value of the stolen merchandise. Taking less than $1,200 worth of items is misdemeanor petty larceny. …

Can I get early removal of an interlock in Denver Colorado?

Updated January 11, 2021 Early removal of an ignition interlock device (IID) in Colorado is possible if the following five criteria are met: The defendant is a first-time DUI offender; The defendant’s blood alcohol content (BAC) was less than 0.15%; The defendant was 21 at the time of the DUI; The defendant is a Colorado resident; …

Does Colorado have a Romeo and Juliet law?

Updated April 23, 2021 3 times when sex with someone under 17 is legal in ColoradoWatch this video on YouTube Yes. Under Colorado’s Romeo and Juliet law – also called “the close-in-age exemption” – minors under 15 can have consensual sex with partners less than four years older, and minors age 15 or 16 can …

What does DWAI stand for in Colorado?

DWAI stands for the Colorado crime of “driving while ability impaired” (42-4-1301 (1)(g)). In Colorado, people commit DWAI if they are operating a motor vehicle while they are impaired by drugs or alcohol in “the slightest degree.” DUI per se versus DWAI The Colorado crime of DUI per se (42-4-1301(2)(a)) occurs when a person drives …

How to get deferred sentencing on a misdemeanor in Colorado

It is standard practice for criminal defense attorneys to ask prosecutors to grant deferred sentencing in Colorado (C.R.S. 18-1.3-102) for their misdemeanor clients. These defendants have a better chance of getting deferred sentencing if they have no prior criminal history and are not a threat to public safety. Deferred sentencing definition A Colorado criminal defense attorney’s …

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