DOMESTIC VIOLENCE COMMON QUESTIONS

SACRAMENTO CRIMINAL DEFENSE ATTORNEY

Sacramento Criminal Defense Attorney

Common Questions About Domestic Violence Criminal Charges

Violence against another person is illegal and considered assault or battery, depending on the circumstances. When the alleged victim is someone with whom the alleged assaulter has a romantic relationship, it is considered domestic violence and is a much more serious allegation. If you or someone you know has been accused of domestic violence, it’s important you speak to a Sacramento domestic violence attorney immediately.

California law makes it illegal to use physical force or to threaten physical force against an intimate partner. Such allegations can alter your life in a variety of ways. This article aims to answer some common questions regarding domestic violence but it’s not intended to be a replacement for legal expertise. If you have been accused of domestic violence, contact a Sacramento domestic violence attorney immediately. Continue reading “DOMESTIC VIOLENCE COMMON QUESTIONS”

VOLUNTARY AND INVOLUNTARY MANSLAUGHTER & MURDER

SACRAMENTO CRIMINAL LAWYER

Sacramento Criminal Lawyer

VOLUNTARY MANSLAUGHTER

Manslaughter is the unintentional killing of another human being. There are three types of manslaughter that can take place: voluntary, involuntary, and vehicular manslaughter. Voluntary manslaughter is more serious than involuntary manslaughter, and the punishment is accordingly stiffer. For example, if a death occurs upon a sudden quarrel or heat of passion, you may be charged with voluntary manslaughter.

Voluntary manslaughter is an intentional killing without malice aforethought. Usually there are some mitigating circumstances that justify reducing a murder charge to the lesser offense of manslaughter.

A common example of voluntary manslaughter is a killing committed in the “heat of passion” by a husband who finds his wife in bed with another man. If the wronged husband kills before a reasonable person in the same situation would have cooled off, the killing, although still unlawful, is usually reduced from murder to voluntary manslaughter. But if the husband did not act immediately and instead plotted the killing for a few weeks, there would be a good argument that he is guilty of murder because he waited beyond a reasonable cooling-off period before acting. Continue reading “VOLUNTARY AND INVOLUNTARY MANSLAUGHTER & MURDER”

WILL PAST CONVICTIONS AFFECT MY CURRENT CASE?

SACRAMENTO CRIMINAL DEFENSE ATTORNEY

Sacramento Criminal Defense Attorney

Past Convictions and How They Can Affect Your Current Case

If you ask a psychologist what the best predictor of future human behavior is, they will almost certainly answer “past human behavior”. Many of us are programmed to be change averse, and this tends to make our habits and personality “sticky” and difficult to change. Continue reading “WILL PAST CONVICTIONS AFFECT MY CURRENT CASE?”

VOLUNTARY, INVOLUNTARY AND VEHICULAR MANSLAUGHTER CHARGES

CRIMINAL DEFENSE ATTORNEY IN SACRAMENTO

Criminal Defense Attorney in Sacramento

Manslaughter Charges in California

Getting charged with any type of manslaughter can not only be an emotional and challenging time in your life, but it can also affect the rest of your life and the loved ones around in many ways. Whatever the circumstances may be, contact a criminal defense attorney in Sacramento immediately for legal representation. Continue reading “VOLUNTARY, INVOLUNTARY AND VEHICULAR MANSLAUGHTER CHARGES”

WHAT DO DO IF YOU ARE ARRESTED?

SACRAMENTO CRIMINAL DEFENSE LAWYER

Sacramento Criminal Defense Lawyer

What should you do if you are ever arrested?

The first thing is to stay calm and obey all of the police officer’s instructions – even if you feel that you have done nothing wrong and that the arrest is unlawful. You don’t need to have actually committed a crime to be arrested; the officer needs to have only probable cause to arrest you. And the penalty for resisting arrest can be much more serious than that for the charge on which you were arrested originally. Continue reading “WHAT DO DO IF YOU ARE ARRESTED?”

DUI DEFENSE

Sacramento DUI Attorney
AFTER DUI ARREST

Thinking about the aftermath of a DUI is extremely overwhelming but eventually, the intense feelings will subside and its important you act correctly to make sure your situation gets better. As soon as you are arrested for a DUI, act promptly. Do not fall into the trap of inaction, as that will exacerbate the stress. As soon as you are arrested for a DUI, the DMV and the court will take serious action against you.

To properly respond, it’s important you seek an attorney to lessen the worry to a manageable level. Immediately after a person is arrested, he or she will be kept in police custody, either at the police station or in county jail.

Most people arrested for DUI are eligible for release either by posting bail or on their own recognizance by submitting a written promise to appear in court at a later date. If a person you know is eligible for release on bail, you have two options: you can bail the amount yourself or you can obtain a bail bond from a licensed bail bond agent. After release, you should immediately seek a lawyer as it can significantly affect your chances of success. Continue reading “DUI DEFENSE”

GETTING YOUR FIRST DUI

SACRAMENTO DUI ATTORNEY

Sacramento DUI Attorney

YOUR FIRST DUI CHARGE

DUI arrests continue to increase in frequency across the US as a whole and particularly in the state of California. With the increase in arrests, state and local governments have continued to increase the severity of punishments and a conviction will cost the average defendant in ways they may have never imagined. Aside from the serious government imposed penalties, DUI arrests place the accused under immense stress and can cause individuals to lose their jobs, standing in the community, and stability at home. Understanding your unique situation is critical to obtaining a favorable outcome, and based on the charges and your background, there are different sections of the California Vehicle Code that will apply.

Driving under the influence is a serious crime with some harsh penalties. Contact a Sacramento DUI attorney for consultation immediately.

Over 200,000 drivers are arrested each year for driving under the influence in California alone and the administrative penalties vary. Before you can be sentenced of drunk driving though, the prosecution must establish three things.

  1. The first is that the officer who arrested you must have had probable cause to stop you, like speeding or running a red light for example.
  2. Second, you must have violated California’s DUI laws by driving with an illegal blood alcohol content (BAC) of .08 or refused to perform a chemical test.
  3. Lastly, the arrest must have been lawful. If all three of these are not met, the charges against you should be dismissed.

Continue reading “GETTING YOUR FIRST DUI”

FIRST-DEGREE & SECOND-DEGREE CHARGES

SACRAMENTO DEFENSE LAWYER

Sacramento Defense Lawyer

Sacramento Defense Lawyer Discusses First-Degree & Second-Degree Charges in California

Specific categorization of crimes allows the Court to give detailed sentences that match the severity of the crime. In California, felony crimes have varying degrees. For example, if there was only one degree of murder, then anyone who killed another person would probably spend the rest of his or her life in jail.

There would be no room to consider the exact details of the crime such as it occurring in the heat of an argument or as another consequence of an action not intended to actually kill the person. The severity of punishments are all circumstantial. If you have been charged of a first-degree or second-degree crime, contact a Sacramento defense lawyer immediately for legal assistance.

The court takes several aspects of a crime into consideration when determining the classification of the transgression. One important consideration is aggravating or mitigating circumstances. Mitigating circumstances are elements of the crime that do not necessarily excuse the crime but that are considered in order to fairly judge the severity, and degree, of a crime. Crimes that are committed in the “heat of passion” are an example of the consideration of mitigating circumstances. Aggravating circumstances are elements of the crime that actually increase its severity – such as killing someone based on their sexual orientation. Continue reading “FIRST-DEGREE & SECOND-DEGREE CHARGES”

WHAT IS DOMESTIC VIOLENCE?

CRIMINAL DEFENSE LAWYER IN SACRAMENTO

criminal lawyer in sacramento

DOMESTIC VIOLENCE IN CALIFORNIA

Domestic violence is defined in California Penal Code section 13700 as: “abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.”

Two types of domestic violence charges are common in criminal court: “corporal injury to a spouse or cohabitant” (California Penal Code section 273.5) and “domestic battery” (California Penal Code section 243(e)).

  • In a “corporal injury” case, any visible physical injury perpetrated on a spouse or cohabitating intimate is charged as a crime. If convicted, the accused can be fined up to $6,000, put on probation, required to participate in diversion programs, and imprisoned for one year in county jail or for four years in a state prison.
  • “Domestic Battery”
 occurs when there is willful and unlawful use of force or violence upon a domestic partner. If convicted, the accused may be subject to fines, participation in a treatment program, and one year in a county jail. Continue reading “WHAT IS DOMESTIC VIOLENCE?”

PROPERTY CRIMES

 Sacramento Criminal Attorney
Property crimes in the State of California include many common offenses that relate to the theft or destruction of someone else’s property. Crimes against property can range from low-level misdemeanors to general felonies. By definition, a property crime is the theft or damage of another’s property, and does not involve the use of force or threat of force against. In some cases, more serious violent felonies including robbery are considered crimes against property.

Property crimes are the most common crimes committed in California, and after years of declining property crime rates in the state, California has seen an explosion in crimes against property. Experts argue on the exact nature of the increase, but the numbers are clear. Continue reading “PROPERTY CRIMES”