Domestic Violence Accusations: Here’s What to Do As the Accused
When you are convicted because of domestic violence, your entire life undergoes a full 180-degree turn. Your reputation might be ruined and it will be on your criminal record permanently. However, it’s not yet over until it’s proven that you are indeed guilty. You still must stand in court and defend yourself. Fortunately, you can enlist the help of a criminal defense attorney to help you.
What is domestic violence?
It’s a criminal offense where a person uses violence to assault and inflict bodily harm to their partner. However, in most cases, even non-physical harm is also considered domestic violence…
Dismissing a Case in California
When faced with a criminal case, defendants usually have to go to court to defend themselves so that the charge can be reduced, or better yet, completely dismissed. However, in a lot of cases, dismissals may occur pretrial and defendants don’t even have to defend themselves in court.
Many cases can be dismissed even before a trial or a plea due to several different reasons, including:
- Insufficient evidence to prove the crime,
- Loss of necessary evidence to prove the crime,
- Unavailability of a necessary witness to testify against the defendant,
- Lack of probable cause,
- An illegal stop or search,
- An
California Warrant Search – What are Warrants and How to Know If You Have One
Warrants are orders issued by judges on behalf of the state that allows the police department, or another body, to search premises (search warrant), make arrests (warrant of arrest), or perform an action related to the administration of justice.
According to California Law, there are two types of warrants that allow law enforcement officers to arrest someone- arrest warrants and bench warrants. Bench warrants are a type of arrest warrant and differ slightly for the issuing cause, but both give a county police officer the authority to apprehend and detain you.
Finding out that you have a warrant- especially if …
What are Criminal Defense Lawyers and 11 Reasons You Should Get One
Criminal defense lawyers, also known as criminal lawyers, criminal attorneys, and public defenders, are a type of lawyers that defend entities that have been charged with a crime, including individuals, organizations, and corporations.
The scope of their work spans the different crimes covered in the U.S. penal code and state laws which include, but are not limited to, drunk driving, theft, domestic violence, sex crimes, violent crimes, drug crimes, fraud, manslaughter, homicide, burglary, and embezzlement. Criminal lawyers will defend their clients against these charges in appellate, state, and federal courts.
Generally speaking, a criminal defense lawyer will strive …
Understanding Disorderly Conduct in California
Disorderly conduct, also known as disturbing the peace, involves actions done in public that may be disruptive or offensive. Depending on the state, public intoxication may be considered as part of disorderly conduct or the state may have separate laws specific to being drunk in public.
Still, alcohol and drugs are often a common factor in disorderly conduct, as well as many other felonies including assault, drug crimes, violent crimes, drunk driving, and domestic violence. Take note, however, that in many states, one does not have to be intoxicated to be charged with disorderly conduct.
This area of the …
Records Expungement in California
Getting a job nowadays is very hard. Get a criminal offense and it becomes next to impossible. Fortunately, under the California Penal Code and criminal justice system, persons charged with criminal offenses can apply for expungement which can wipe out their criminal history and the associated penalties and disabilities.
The main benefit of this is that once a person has his criminal conviction expunged, he no longer has to reveal it to potential employers when he applies for a job, even after his employer has given a conditional offer of employment. This is in contrast to existing criminal convictions which …
California Criminal Background Check
Job hunting has never been easy, having a criminal record certainly does nothing to help it make it any easier. Studies have shown that most employers actively perform background checks to screen potential employees. They often also ask about applicants’ criminal histories during interviews.
Unfortunately, this is bad news to the roughly 8 million California residents out there, which is around 1 in 3 people in California. On the bright side, several California State Laws protect people with criminal records.
Antidiscrimination Laws
Under U.S. Federal laws, as well as California laws, it is illegal for employers to deny an applicant …
Legal defenses against Domestic Violence in California
Domestic abuse allegations occur in different circumstances. Domestic violence may pertain to assault and battery, spousal abuse, or violation of a restraining or order of protection.
Keep in mind that it is not necessary for an accused to cause bodily injury to the victim to be charged with domestic abuse. Some are not aware that there are criminal cases that are classified as misdemeanors.
Charges of domestic violence in California are generally filed as either a misdemeanor or a felony offense. A misdemeanor offense may be aggravated if the offender intentionally committed family violence and has used a firearm …
How to Contest an Assault Charge in California
An assault is a violent crime. It may involve threatening or attempting to cause serious physical injury or even the act of causing bodily harm or unwanted physical contact on another individual. This may range from touching or stalking to sexual assault or harassment. In some instances, endangerment of human life involves intentional assault with the use of a dangerous weapon.
A simple assault may be aggravated depending on the severity of the criminal violation. If the perpetrator, for example, assaulted a police officer, firefighter, or law enforcement officer, the charges of assault may be raised into a felony offense. …
Violent Crimes in California
In California, violent crimes are not just misdemeanor offenses. It is classified as a felony when any violent act is committed with intent to harm or inflict injury upon the victim. Violent crimes wherein the violent act is the objective will definitely lead to felony charges. Such violent acts include murders, involuntary manslaughter, assault and battery, rapes or sexual assault, and sodomy. Other acts that use violence as a form of coercion or even lewd sexual conduct can also constitute a felony.
The specific charges are based on the actions committed. Most violent crimes happen during robberies because there …