Category: CRIMINAL DEFENSE

CRIMINAL DEFENSE

CRIMES AGAINST A PERSON

CRIMINAL ATTORNEY IN SACRAMENTO

Criminal Attorney in Sacramento

Crimes Against Another Person

Crimes against persons is a term used to define the general group of criminal offenses that involve bodily harm, the threat of such, and other actions against individuals.

There are 9 types of crimes against persons as defined by California Law:

  • Homicide
  • Mayhem
  • Kidnapping
  • Hostages
  • Robbery
  • Attempts to Kill
  • Assault with Intent to Commit a Felony Other than Murder
  • False Imprisonment and Human Trafficking
  • Assault and Battery

Continue reading “CRIMES AGAINST A PERSON”

PROPERTY CRIMES

SACRAMENTO CRIMINAL ATTORNEY

Sacramento Criminal Attorney

Property crimes are the most common crimes committed in California

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”

ASSAULT & BATTERY

SACRAMENTO CRIMINAL DEFENSE ATTORNEY

Sacramento Criminal Defense Attorney

ASSAULT & BATTERY

Most domestic battery arrests occur in the home, and most simple non-domestic battery arrests occur in bars or public places. Regardless of the type of battery, they both usually begin by someone calling the police on a recorded 911 call. In many instances the “victim” does not want to have the Defendant arrested.

Aside from driving charges like DUI or driving while license suspended, assault and battery charges levied against individuals are a close third in the total number of arrests for criminal charges in the State of California. An arrest for a battery often occurs in the house, in front of children, friends, or family members. The stigma attached to having a battery conviction can have dramatic consequences, since it is a crime of violence

California law enforcement is trained to arrest individuals if they believe they can prove who the primary aggressor(s) is, or if there are visible signs of injury. It is important to remember, that burden for an arrest in California is probable cause. That does NOT mean that you are guilty beyond a reasonable doubt of the charge you were arrested for. Getting a trained battery lawyer on your side must be done fast, as evidence such as videos, witness statements, receipts, and pictures of injury to alleged defendants will disappear as time goes on. Continue reading “ASSAULT & BATTERY”

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”

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”

ROBBERY PENALTIES & SENTENCING

SACRAMENTO CRIMINAL LAWYER

Sacramento Criminal Lawyer

ROBBERY, PENALTIES & SENTENCING

Robbery is covered by Penal Code 211 which defines it as the taking of personal property from another person or “immediate presence” against that individual’s will using force or fear. Because it is a felony in the state of California, it is important you speak with a Sacramento criminal lawyer who can legally assist you if you’ve been charged of robbery. Continue reading “ROBBERY PENALTIES & SENTENCING”

CALIFORNIA PROPOSITION 36

SACRAMENTO CRIMINAL DEFENSE ATTORNEY

SACRAMENTO CRIMINAL DEFENSE ATTORNEY

2012’s Proposition 36: Are You Eligible for a Reduced Sentence?

Back in 1994, California passed Proposition 184, a voter initiative that created a very strict “three strikes” sentencing law. The “three strikes” refer to three criminal convictions, and the law imposed a mandatory extended sentence—usually life—for persons convicted of a felony for the third time. The law was prompted largely by the efforts and campaign of a man whose daughter had been murdered by two repeat offenders who had been released from incarceration. The stated purpose of the law was to keep repeat offenders behind bars to prevent them from committing further crimes. If a criminal had not learned to stay straight after serving prison terms for two prior felony convictions, the rationale went, then he could not be trusted on release and therefore should pay for his criminal tendencies by permanent incarceration.

As a result of and since the passage of Proposition 184, nearly 9,000 of California’s approximately 141,000 inmates—or just over 6%—have been sentenced under Proposition 184’s life-sentence provisions, and even more are serving extended terms under Proposition 184’s other extended sentence provisions, which mandated a doubling of the normal sentence for a second felony conviction if the first felony conviction was for a serious or violent crime, such as burglary, robbery, or rape. Continue reading “CALIFORNIA PROPOSITION 36”

CHILD MOLESTATION ACCUSATIONS & CHARGES

SACRAMENTO CRIMINAL DEFENSE LAWYER

Sacramento Criminal Defense Lawyer
Sacramento criminal defense lawyer Alin Cintean is knowledgeable in protecting you against false accusations of lewd and lascivious conduct involving minors. As a former prosecutor and a California board-certified criminal law specialist will put his knowledge to work for you. We provide stellar representation to clients throughout the Greater Sacramento Area.

Child Molestation

California Penal Code Section 288 defines child molestation as touching a victim younger than 14 with the intent to arouse the sexual desire of either the offender or the victim. The statute is especially broad because it does not name any specific part of the body. While a child’s private parts are most obvious, touching any part of a child’s body with the intent to arouse sexual gratification can lead to a conviction. Even an accidental touching on the head or arm of a minor can be turned into a child molestation charge in California. Continue reading “CHILD MOLESTATION ACCUSATIONS & CHARGES”

CHILD PORNOGRAPHY CHARGES

SACRAMENTO CRIMINAL DEFENSE ATTORNEY

Sacramento Criminal Defense Attorney

Being falsely accused of child pornography can ruin lives and professional careers.

The consequences for possessing, selling, or distributing child pornography can be severe. In today’s information age, most child pornography offenses occur on the Internet, which crosses state lines. Early in 2013, suspects from California were among 245 individuals (both male and female) who were arrested in “Operation Sunflower” a federal sweep of people believed to be traders, producers, or owners of child pornography. The sweep was dubbed Operation Sunflower to commemorate the one-year anniversary of the rescue of an eleven-year-old in Kansas that resulted from the identification of a sunflower-shaped highway road sign. In another early 2013 federal case, a man was sentenced to 135 months in prison for transportation of child pornography. Continue reading “CHILD PORNOGRAPHY CHARGES”

ELK GROVE STUDENT’S RACIST RANT DRAWS NATIONAL CONDEMNATION

ELK GROVE (CBS13) — A Pleasant Grove High School student is in hot water after a racist video she recorded went viral on social media.

The girl filmed herself making derogatory comments about the black community. The video has more 3 million views on Twitter since it was first posted over the weekend.

“Black people are trash; they need to die,” she said.

The racist, hate-filled rant has gone viral on social media, of two Pleasant Grove High students — one is seen in the background laughing at her friend’s racist remarks.

The girl in the video went on to say: “When the police were killing all those black people I was so happy.”

Community members are now demanding a public apology.

LEARN MORE: http://sacramento.cbslocal.com/2017/12/27/elk-grove-students-racist-rant-draws-national-condemnation/