Murder or Involuntary Manslaughter?
Under California law, the crime of murder is defined as: “Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.” (Pen. Code, § 187.) In order to be convicted of murder, a necessary element the prosecution must prove is that the defendant acted with malicious intent.
Malice may either be expressly shown by the evidence – for example, if there is evidence of premeditation, such as planning out a murder – or, it may be implied, such as in circumstances where the defendant’s conduct creates a grave risk of harm, although the defendant did not …
Why attacking witness credibility may be key to your case
The evidence being presented against you in your criminal case might be overwhelming. But regardless of what the prosecution is prepared to present against you, you might have strong criminal defense options that, if properly utilized, will better protect your interests. Among these are seemingly minor tactics, such as attacking witness credibility.
Why you should be concerned about witness credibility
Witness credibility is a big part of your case. This is because the deciding factor in your case, whether that be the judge or jury, will give more weight to the testimony of witnesses who seem credible and thus reliable. …
Is self-defense the right argument in your case?
Verbal altercations can quickly escalate, turning physical in nature. When that happens, someone can end up hurt and the police may be called. Depending on what’s said at that time, you may find yourself being accused of criminal wrongdoing. Being charged with a violent crime can not only be surprising, but it can also be threatening to the life that you’ve worked so hard to create.
Fortunately, even if the evidence is overwhelming that you physically struck someone, you may have effective criminal defense strategies available to you. If effectively utilized, you may be able to beat the prosecution, avoid …
Two state consultants fined for allegedly submitting fraudulent invoices
California pays huge sums of money to many firms from whom it purchases specialized scientific services. Two such firms, both providing environmental consulting services, were recently found guilty of allegedly conspiring to submit false invoices to the Underground Storage Tank Cleanup Fund, a fund managed by the State Water Resources Control Board.
The charges
According to a statement released by the State Water Resources Control Board, the two consulting firms performed various services for the board and then conspired with a laboratory to submit inflated invoices that substantially overstated the actual charges.
The State Water Board’s Fraud, Waste and …
Man charged with murder in connection with fentanyl death
Can you be charged with murder in California if you supplied the drug with which someone else fatally overdosed? This question has come up many times recently amid a rash of fatal overdoses connected with an epidemic of opioid addiction.
The answer is yes, but the details are complicated.
Placer County man faces murder charge
A recent case helps illustrate the issue.
According to news reports, a Placer County man was arrested and charged with murder after police said he supplied fentanyl to a 25-year-old woman who later died from a fatal overdose of the powerful narcotic.
After the …
How to defend against a false sex crime accusation
As we’ve seen in recent times, a sex crime accusation can ruin a person’s entire life. Accusations, with little evidence, have caused people to lose their jobs, families and reputations.
If sex crime charges are filed, the situation becomes even more serious. A sex crime conviction can mean that you never work in your chosen career again or rebuild relationships. You also face major penalties such as fines and even prison time.
California’s sex crime statute of limitations
The statute of limitations for sex crimes in California is rather long, which means a false accusation could come as a surprise. …
Cannabis is still strictly regulated in California
California law and societal attitudes about drugs have changed in recent years, but drugs are still strictly controlled under state law. If you have been accused of drug-related crimes, the exact charges against you will depend on the exact circumstances of your case. The type of drug, the quantity of the drugs and many other factors can make the difference between misdemeanor charges and serious felonies.
Different drug classes and consequences
Like federal law, California law classifies drugs into schedules, with Schedule I drugs the most heavily regulated. Schedule I drugs include substances such as cocaine, heroin and cannabis. Charges …
Five ways to defend against fraud and embezzlement allegations
Allegations of embezzlement or financial fraud can threaten to ruin your future. A conviction, if one is obtained, may hit you with a significant amount of incarceration, financially ruinous fines and restitution, and damage to your reputation that can haunt you for the rest of your life. We don’t say that to scare you, but rather to let you know that the stakes are high and stress the importance of putting forth the best criminal defense possible in your case.
What are your defense options?
This is going to depend, in large part, on the facts of your case. However, …
Legal penalties for domestic violence in California
If you find yourself facing any manner of criminal charge, it can be a stressful and uncertain time. However, domestic violence charges come with a plethora of unique legal and social challenges, even if you did nothing wrong. Plus, because California law treats relationship violence differently, the law compounds the consequences for a subsequent offense.
Domestic violence in California
A lot of actions qualify as domestic violence. In California, state law defines domestic violence in terms of relationships. Spouses or former spouses, a parent of your child or anyone you are or were engaged to all qualify for domestic …
Beverly Hills MD pleads guilty to stealing nearly $38 million
Medical fraud, specifically fraud against Medicare and various insurers, may be a tempting target because the financial resources appear to be almost unlimited and because the enormous bureaucracy makes discovering theft and identifying the perpetrators of the fraud very difficult. However, as a recent case from Orange County demonstrates, an initial success may lead investigators to a person who is attempting to defraud the system on a large scale.
The scheme
The defendant in the case was an anesthesiologist who worked in Beverly Hills. He was recently sentenced to 10 years in prison after pleading guilty to eight counts of …