Blog Posts in October, 2012

  • Felony Probation

    Most felonies carry a range of sentences that may be imposed upon the defendant. For example, a defendant found guilty of an assault with force likely to produce great bodily injury (Penal Code section 245(a)(4)) can be punished with probation or up to 4 years in state prison. The type of sentence imposed is up to the judge’s discretion. Felony probation is generally a 3 or 5 year term where the ...
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  • PC 459 Burglary - What Needs To Be Proven

    The california penal code codifies burglary in PC 459. This section lays out the elements of the crime of burglary as “every person who enters any house, room, apartment... with the intent to commit grand or petit larceny or any felony is guilty of burglary.” Additionally, the statute also includes an exhaustive list of types of buildings, vehicles, and even boats that count as a structure for the ...
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  • Lewd acts on a child- Penal Code section 288(a)

    California law makes it a very serious offense to have “lewd or lascivious acts” with a minor who is under the age of 14. California Penal Code Section 288(a) holds that anyone who willfully and lewdly commits any lewd or lascivious act with the body or member of a child with the intent of arousing their sexual desires is guilty of a felony punishable by 3, 6 or 8 years in state prison. To be ...
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  • Assault with a Deadly Weapon PC 245(a)(1)

    California Penal Code 245(a)(1) defines assault with a deadly weapon other than a firearm as an “assault upon the person of another with a deadly weapon or instrument other than a firearm.” This means that California can classify almost anything as a deadly weapon. Additionally, if convicted of this crime, a defendant could face up to 4 years in state prison. However, the good news is that Penal ...
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  • Drugs and Gun enhancements

    Previously we discussed the serious consequences of possession, sales and transportation of Methamphetamine. As harsh as these drug charges are, the California Penal Code provides even harsher sentences if certain circumstances are met. Under the California Penal Code section 12022(c), an additional three, four or five years are required to run consecutively if an individual is found guilty of ...
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  • Motion for Acquittal - Penal Code Section 1118.1

    Under Penal Code 1118.1 the defense counsel will make a motion for judgement of acquittal.The Court will consider the motion and will grant it if the prosecution has failed to substantiate any element of the charged crime. Penal Code 1118.1 “In a case tried before a jury, the court on motion of the defendant or on its own motion, at the close of the evidence on either side and before the case is ...
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  • Spousal Abuse - What You Need To Know

    California defines spousal abuse as the willful infliction of “corporal injury” on a spouse, former spouse, cohabitant, or parent of the defendant’s child. For a conviction of this type of domestic violence the prosecution must show that the defendant willfully inflicted “corporal injury on a victim” and that the injury resulted in the victim suffering a “traumatic condition.” Essentially, this ...
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  • Possession v. Transportation of Meth.

    California Health and Safety Code Section 11377 makes it a crime to possess Methamphetamine. To be found guilty of this crime, the District Attorney must prove that you possessed or had under you control a controlled substance, that you knew or should have known of it’s presence, that you knew of the substance’s nature and character, and that the substance was in a usable amount. A violation of ...
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