Articles Tagged with criminal defense attorney

Many of us believe that every criminal case ends up at trial. In reality, many cases end with a plea agreement between the defense and prosecution, which often provides a favorable outcome for the defendant. California continues to respect the boundaries of plea agreements in numerous ways. This article will explore the various laws and elements surrounding plea bargains.

Plea Bargains Explained

A plea bargain is a good option when attempting to lessen the risk involved with a trial. A plea bargain is an agreement between the defendant and the prosecution by which the defendant agrees to plead guilty or no contest to criminal charges in exchange for reduced charges, dismissed charges, or the prevention of further charges being filed. Sometimes the defense attorney will recommend an even lower plea bargain sentence. Multiple offers and counteroffers can occur before a plea sentencing arrangement is reached. Plea bargains can occur at any moment during a criminal proceeding. Plea bargains are advantageous because they allow the prosecution and the defense to avoid the uncertainty of a jury. A plea bargain may involve restitution or reparation, the condition that the defendant provide information to the prosecution, or the condition that the defendant provide truthful testimony in another criminal proceeding.

While the Fourth of July is a time to celebrate our country’s independence, enjoy summer vacation, and watch as fireworks explode in the sky, it is also a time when many individuals take the opportunity to engage in crime. This article will look at some of the most common types of Fourth of July crimes and provide some tips for preventing these crimes from occurring.

Types of Crimes

Some of the most frequent crimes committed during the Fourth of July include the following:

Some minors have yet to gain full appreciation for the legal system. As a result, some minors this summer season will find themselves accused of crimes and in trouble with law enforcement. This article will examine some of the most common types of crimes that minors are accused of during the summer months.

The types of crimes that minors might find themselves getting into this summer include the following:

  • Assault and Battery: In an effort to crack down on bullying and rough-housing between minors, California law enforcement has begun to charge more minors with assault and battery. Under battery, a juvenile engages in physical contact, while for assault to exist an individual only need reasonably believe that there is the threat of real physical harm.

California criminal law can seem overwhelming, and not only because there are many regulations to follow. If you have been convicted of a crime in California, you need the assistance of a seasoned and experienced criminal defense lawyer. With the assistance of an expert criminal defense lawyer, you have a better chance of facing the minimum amount of negative consequences from criminal charges. Considering that reports indicate that there are 187,610 licensed lawyers in the State of California, you might have a difficult time choosing a skilled criminal defense lawyer in the state. This article will discuss several signs that an you can look for to find a skilled criminal defense lawyer.

  • Experience with Similar Cases: Experience is important in finding a skilled criminal defense lawyer. The lawyer will preferably have a long and distinguished track record of defending others in similar criminal cases and reaching positive outcomes in these cases. Because the California criminal law system is quite complicated, it is important to find a lawyer who has a history of expertly handling criminal law cases and navigating the criminal law system.
  • Experience with the Same Judges and Prosecutors: Not only should the lawyer in question have experience in the California criminal law system, the lawyer should also have experience working with the same judges and prosecutors that are involved in the case. This way the lawyer will know how to best anticipate maneuvers by each of these parties and know the various types of presentation methods that are preferred by the judge.

California Penal Code 422.55 PC defines hate crimes in the state of California. The purpose of this article is to explain the state’s hate crime law and the penalties for conviction. If you have been charged with a hate crime in California, contact an experienced California criminal defense attorney.

California Penal Code 422.55 PC Defines Hate Crimes in California

Under California Penal Code 422.55 PC, it is a hate crime to harm, threaten, or harass a person because of their disability, gender, nationality, race or ethnicity, religion, or sexual orientation.  Of course, it is already a crime to intentionally harm, threaten, or harass someone. In other words, you can already be charged and prosecuted for a crime even if hatred for disability, gender, nationality, race or ethnicity, religion, or sexual orientation were not a motivating factor in the commission of the crime.  

Criminal arson charges are a serious matter in the state of California. If you have been charged with arson, it is important that you contact an experienced California criminal defense attorney as soon as possible. The state’s prosecutor will be working to prove every element of the charges against you, and, depending on the specific charges, a lengthy prison term will result from conviction. The purpose of this article is to explain the elements of a criminal arson charge in the state of California.

California PC 451 and PC 452 Criminalize Arson in California

The laws that define arson in the state of California are PC 451 and PC 452. These laws make it a crime to set fire to any building, forest, land, or property, whether recklessly or with a willful and malicious intent. The latter part of the legal definition of arson requires some explaining.  Recklessness, in the eyes of the law, deserves less culpability than willfulness and maliciousness. In other words, reckless behavior is not necessarily intentional behavior; it may simply involve poor judgment or overly risky behavior.

If you have been charged with burglary in the state of California, it is important that you get in touch with a skilled and experienced California criminal defense attorney. If you are convicted, you will face jail time, fines, reputational damage, and other consequences. To convict you, the state’s prosecutor will have to prove each element of the crime of burglary beyond a reasonable doubt. A skilled attorney will explore every avenue with regard to reasonable doubt and mount the strongest possible defense on your behalf. The purpose of this article is to explain the elements of the crime of burglary and the nature of reasonable doubt.

Penal Code 459 PC Defines Burglary in the State of California

Burglary is one of the oldest crimes in the world. In the U.S., each state has a different statute defining the crime. In California, Penal Code 459 PC is the law that provides the state’s definition of burglary. It defines burglary as “entering a room, structure, or locked vehicle with the intent to commit a felony therein.” Under this definition the crime of burglary has two sides:

We are seeing an increase in news about people resisting arrest. These mishaps began to enter the public consciousness with the  Rodney King video release, and continue through situations like the  Trayvon Martin case in Florida. Most people who are arrested will not resist the arrest, all too often out of fear of police brutality, regardless of whether the arrest is lawful or not. However, some individuals who have not done anything wrong will resist an unlawful arrest, and rightfully so, considering the arrestee had not done anything wrong. What does resisting an unlawful arrest get you? Usually in more trouble.

Resisting Arrest and the Consequences

Resisting an arrest usually involves fighting a police officer, running away from a police officer, or threatening a police officer. In most jurisdictions resisting an arrest is an additional charge that can be added to the underlying charge for which you are arrested. So what type of consequences come along with a resisting arrest charge? Resisting arrest is considered a Class A Misdemeanor. Under this class of crime, the Court can order jail for 48 hours or order you to perform community service for at least 100 hours. The resisting arrest conviction does not resolve with the initial reason why you were arrested in the first place.