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Assault (PC 240): Penal Code 240 states that an assault (simple assault) is an attempt to willfully commit violent injury on someone else. It is important to note that “assault” and “battery” are two distinct crimes; whereas in the case of battery, there was actual use of unlawful violence, assault is the attempt to do Read More …
Assault with Deadly Weapon “ADW” (PC 245): The California crime of assault with a deadly weapon is defined under Penal Code 245 as an act committed with a so-called “deadly weapon,” or by means of force to produce great bodily injury. Penalties (PC 245): This crime is considered a “wobbler,” meaning that the prosecutor may Read More …
Assault with Great Bodily Injury (PC 240(a)): Assault with “great bodily injury” refers to significant and substantial physical injuries. Emotional and financial do not fall under this category, nor do insignificant or even moderate injuries. It is also important to note that the injury does not have to be permanent or severe. However, damages such Read More …
Battery (PC 242): Battery is the actual use of force or violence on someone else. The legal definition is as follows: you touched someone else, willfully, in a harmful or offensive manner. If all three elements are not proven by the prosecutor, then you are not guilty of PC 242 battery. The second element, “willfully,” Read More …
Criminal Threats (PC 422): ‘Criminal threats’ is the crime of putting someone in fear. California Penal Code 422 PC defines the crime of “criminal threats” as the act of threatening to kill or physically harm someone and that person is placed in a state of reasonable fear for his/her safety, the threat is specific, and Read More …
Domestic Violence (PC 273.5): California domestic violence laws make it illegal to use physical force or to communicate threats of harm against an intimate partner or cohabitant. Common DV crimes include (but are not limited to): PC 243(e)(1) pc Domestic Battery, PC 273d pc Child Abuse, PC 368 Elder Abuse, PC 422 Criminal Threats, and Read More …
Gang-Related Violence/Gang Enhancements (PC 186.22): Penal Code 186.22(a) is the crime of participation in a gang and Penal Code 186.22(b) is defined as the gang sentencing enhancement. The second part (b) is an actual sentence enhancement (an addition to the penalty) for anyone who commits a felony for the benefit of the crew. The first Read More …
Resisting Arrest (PC 148(a)(1)): California Penal Code 148(a)(1) describes the crime most commonly referred to as “resisting arrest.” In California, “resisting arrest” law prohibits you from willfully obstructing, delaying or resisting a law enforcement officer or emergency medical technician (EMT) while he/she is performing his/her duties. Penalties (PC 148): Resisting arrest in California is a Read More …
Charges in California that carry the death penalty are: first-degree murder with special circumstances (capital murder); sabotage; train wrecking causing death; treason; perjury causing execution of an innocent person; fatal assault by a prisoner serving a life sentence. A qualified attorney can help your friend or loved one avoid the death penalty, or life in Read More …
The second degree murder rule attaches to felonies that are both inherently dangerous, and not specifically included under the first-degree felony-murder rule. “Inherently dangerous” felonies are those that cannot be committed without creating a substantial risk that someone will be killed. For example, setting a car on fire that is found in close proximity to Read More …
The unlawful killing of another human being- homicide- may either be charged as murder or manslaughter. Murder requires “malice aforethought,” which means the defendant had expressed or implied malice and that there was a deliberate intent to commit murder. Under California law, there are three ways in which a person may be convicted of first-degree Read More …
Voluntary Manslaughter: When you kill another person during a sudden quarrel or in the heat of passion, you may be charged under Penal Code 192(a), California’s voluntary manslaughter law. The difference between voluntary manslaughter and first-degree murder is the absence of malice, since the killing is done spontaneously in a voluntary case. If convicted, you Read More …