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Posts tagged "Criminal defense attorneys"

Does "Battery" require injury?

Simple Misdemeanor Battery per California Penal Code 242 does not require injury.  Any rude or angry touching of another can be a battery even without injury.  The law protects individuals from any willful touching in a harmful or offensive manner, and which is not in done self defense.  Simple Assault per PC 240 requires someone to have the present ability to apply force and willfully act, not in self defense, in a way that a reasonable person would believe the probable result would be a battery.  Assault is more of a threatening and actual touching is not required for PC 240.

Are Hit and Run cases serious?

Hit and run cases are serious.  They are misdemeanors if there is property damage only and a felony if there is any injury to another person.  Police officers often suspect hit and run drivers were DUI drivers that fled the scene to avoid being arrested for DUI and they try to locate them as soon as possible while alcohol or drugs may still be in their system.

Do DUI sentences in Vista Courts have Jail time?

DUI sentences in Vista Courts may have jail time depending on the facts of the case and the individuals prior record.  Most individuals arrested for drunk driving are initially taken to jail, make bail and have a first appearance or arraignment at a later date.  Misdemeanor DUI cases are usually set a month or so out an felony DUI cases are ususally set in about a week out if you make bail and are out of custody.  

Is Petty Theft and Shoplifting the same?

Petty theft is the theft of goods, services, merchandise or personal property valued at $950 or less and shoplifting generally refers to merchandise taken from a merchant's premises.  Shoplifting can also be grand theft if the value exceeds $950 in merchandise.

What is Resisting Arrest?

Resisting arrest, as a misdemeanor, is the resisting, delaying or obstructing an officer in the performance of his duties.  It can also pertain to other emergency personnel.  As a misdemeanor, it carries up to a year in county jail and $1000 fine.  California Penal Code (PC) 148(a) is the code section.  

Prop 64 Legalizing Marijauna and its impact in Vista Courts

Prop 64 legalizing Marijuana does much more than just legalizing the recreational use of Marijuana.  It also provides an opportunity to clean up your prior record if you had prior marijuana related misdemeanors or felonies in Vista Courts and throughout California.  Prop 64, which just passed, is primarily known for legalizing recreational marijuana use and possession for individuals 21 and over, however, it also reduces or eliminates criminal penaltiies for possessing, transporting, and growing marijuana so long as it is done in compliace with this new law.

Who investigates theft cases in Carlsbad?

Carlsbad Police investigate theft cases in Carlsbad, however, California Highway Patrol may be  involved in auto theft cases.  The most common theft reported is the petty theft or shoplift. This offense usually involves the theft of retail merchandise valued $950 or less.  There are also more serious thefts which are usually felonies involving commercial burglary, embezzlement, fraud, identity theft and also residential burglary which  is always a felony and a strike under the three strikes law.

Is an injury required in a "Domestic Violence" case?

An injury is not required in a "domestic violence" case.  There are misdemeanor and felony domestic violence (DV) charges.  The most common misdemeanor DV charge is California Penal Code PC 243(e)(1) commonly called spousal battery - it is an unlawful use of force or violence against a spouse or someone whom you have had a dating relationship.  It can be simply a rude or angry touching without injury.  That could be a pushing or grabbing where no marks are left.  The felony DV charge is commonly referred to as spousal abuse with injury per PC 273.5(a)  The difference is the injury.  Often time, if the injury is minor like redness, minor bruising or other minor injury, the District Attorney will file the felony charge as a misdemeanor PC 273.5(a) per 17(b)(4).  

What is a "Soliciting Prostitution" Sting Operation?

A "soliciting prostitution" sting operation is an operation routinely run by local law enforcement to arrest "Johns".  This operation is used by nearly every local law enforcement agency other than the California Highway Patrol.  Oceanside Police, Escondido Police and Carlsbad Police seem to use it more than other departments and the way they run it may differ.  They offer an "opportunity" to solicit sex for money by individuals, usually males and referred to as "Johns".  The crime is the "asking for sex in return for payment"  whether or not it is performed or not is irrelevant.  There are possible entrapment issues, but the police try to be careful to avoid those issues.   Additionally, most people do not want to go to trial, even if they have a good case, because of the embarassment, fear their family, spouse, girlfriend or employer will find out.  Fortunately an experienced criminal defense attorney can play an important role in trying to get the charges dismissed if there are defensible issues, or reduced to lesser unrelated charges like "disturbing the peace".

What happens with a petty theft in Vista Courts?

Petty theft cases are misdemeanors which are defined as thefts of $950 or less in value.  These charges can carry possible serious consequences not only in penalties but also impact employment, careers, professional licensing, security clearances, education, immigration and other important aspects of an individual's life.  Most petty thefts are shoplifting cases and involve the stealing of merchandise from a store.  The penalties can include possible custody or alternatives up to 6 months and fines up to $1000 depending on the facts of the case, individuals background, prior record, sophistication and other considerations.