Types of Homicides

May 17th, 2012 by Randy Collins

Homicide is defined as taking the life of another human being. There are various types of homicides and laws that define each and their respective punishments will vary from state to state. In many cases, the terms murder and homicide are used interchangeably.

The most common types of homicide include:

  • First Degree Murder – which is the premeditated killing of a person or fetus. Examples include intentional poisoning, hiring someone to  murder another, or to cover up another crime.
  • Second Degree Murder – murder that is unintentional, but is the direct result of an unlawful activity. This could be the result of committing a misdemeanor or felony offense.
  • Felon Murder – is similar to second degree murder, only in these instances the defendant was engaging in an unlawful activity that was a felony, such as a burglary, a robbery or other similar crimes
  • Vehicular Manslaughter – a killing that took place because of reckless driving
  • Voluntary Manslaughter – the intentional killing of another human being in the heat of the moment. An example is a lover who discovers their partner has been cheating, and in the heat of the moment, kills the partner or the other party in question.
  • Involuntary Manslaughter – which is very similar to second degree murder

As seen in the types of homicides above, there are slight variations between the definitions, but these defining factors will have a huge impact in conducting trials for murder and homicide. Factors that affect charges for murder include:

  • Whether the killing was premeditated
  • Whether the killing was intentional
  • Whether the killing was a result of negligence

Murder carries some of the most severe penalties in categories of crimes, including the death penalty.  In the penal codes of California for example, punishments range from 25 years to life, imprisonment without parole, and in other states – capital punishment. This is why many lawyers will be a the forefront of homicidal cases. There are many legal defenses for murder, with one of the most prominent being self defense. Another popular defense strategy is pleading insanity, which will be discussed in another posting.


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The Battered Person’s Syndrome

May 16th, 2012 by Randy Collins

In many domestic battery and abuse cases, a victim will retaliate  based on a medical condition known as the battered person’s syndrome, otherwise known as the battered women’s syndrome.

When a woman batters an abuser, a legal defense team will defend the woman based on a self defense standpoint.

These defenses are seen in many domestic homicide cases, where a female victim of domestic abuse had to resort to the ultimate self defense, in order to protect their own life. Even so, the battered person’s syndrome is considered to be a medical illness or psychological condition and we will explain it further in this article.

Psychologists  regard the syndrome as a manifestation to post traumatic stress disorders, wherein the victim has been repetitively abused, and as a consequence retaliates through murder.

The condition is further exacerbated when there are no social outlets to display emotions, or reveal the history of abuse, such as with family or friends. Despite the tendency to generalize all battered persons as women, this condition applies to all sexes, from all social groups and ethnicities.

The syndrome is characterized by three stages:

  • A phase of extreme tension between the two parties involved
  • The phase where the victim has been abused
  • The phase where both parties reconcile with each other

The abuser is characterized as part of the syndrome in which case he or she will allow the victim to believe that the abuse or violence is a direct result of the victim’s actions, as if it were validated.

In order to prove that someone has the battered person’s syndrome, a defense attorney will likely call in key witnesses  to testify about the former abuse experienced by the victim, now turned batterer to the abuser.

The law gained recognition in the seventies era, when Dr. Walker, a counselor developed a theory to explain why domestic abuse victims remained in abusive relationships. Today, the battered person syndrome is introduced in courts in cases where the individual in question has either attacked, injured or killed a domestic abuser.

Should you become a victim of domestic abuse, there are numerous resources online and offline to help. Don’t give up, and if you need the help of an attorney to prove your stance of self defense, help is available with numerous legal teams that specialize in domestic abuse cases.


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Hit And Run

May 15th, 2012 by Randy Collins

Getting involved in an accident and then leaving the scene of the casualty is classified as a hit and run, despite who is to be blamed for the accident.

The law in  each state will vary, but at the same time, generally speaking, each driver will have a duty to give personal information at the time of the accident. This will include:

  • Driver’s license information
  • Insurance polices
  • Name of drivers
  • Tag plate or vehicle registration numbers
  • Addresses of each driver

The state’s DMV website will usually highlight prerequisites for such incidences. In addition to providing  this information to other drivers involved, police officers that arrive at the time of the accident are privy to this information also.

In some states charges faced by defendants will be either misdemeanors or felonies, based on whether the defendant left the scene of an accident that had caused:

  • Damage to personal property (in this case a motor vehicle)
  • Bodily injury to passengers or drivers
  • Death of passengers or drivers

In the penal codes for the State of California for instance, the latter two are regarded as felony offenses. Drivers who flee an accident scene when there was damage to the other vehicle are however subject to misdemeanor charges.

Other considerations:

If possible, the vehicle should usually be moved away from traffic to prevent further obstructions.

If a car was hit, without the presence of another in the vehicle, the guilty party should attempt to find the respective owner to exchange the necessary information.

The police officer will usually file a police report to the necessary county. If not, this will have to be done on your own, based on the time limits mandated by the state.

If drivers are physically unable to meet these requirements based on injuries sustained, as soon as their health is recovered, they have a duty to meet the requisites.

In a hit and run crime, failure to comply with these rules will usually result in misdemeanor or felony charges as discussed. In addition, a driver can face demerits to or suspension of driver’s license. If however you are innocent, a traffic or criminal defense lawyer can help to resolve any issues you may have with these unfortunate incidences.


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Simple Domestic Battery

May 14th, 2012 by Randy Collins

Simple domestic battery is defined as using aggression or force at someone else, and more specifically  that the person was either a:

  • Spouse or a partner
  • A mother or father of the individual’s child or children
  • A  family member
  • Someone who resides in the same home

Common examples of simple domestic battery include:

  • Choking
  • Punching or hitting
  • Slapping, pinching or biting

The act can be conducted in more subtle ways such as attempting to poison a partner. These examples do not exclude other forms of simple domestic battery, as it can be something trivial or something with far more damaging consequences. One important note about simple domestic battery laws is that the victim does not have to be injured, but the defendant would have usually directed violence at the victim – deliberately. This is an important deciding factor in prosecution cases.

Common Reasons for Domestic Battery Accusations:

  • During custody battles
  • During turbulent relationships
  • During divorce proceedings

Many individuals become falsely accused of domestic battery for these and other reasons, and in these instances will usually require the help of a domestic abuse lawyer.

The court will consider factors such as the calls made  during the emergency, injuries sustained ( in which case it can be filed as an assault), photos, testimonies, as well as police reports in order to make appropriate sentencing charges.

In different states the law will vary in terms of prosecution requirements, penalties and fines. More often than not however, charges for simple domestic battery are usually a misdemeanor or felony offense. The judge will also consider if there were any weapons on strangulations involved in these incidences, and determine the batterer’s criminal history.

Legal defenses include:

  • That the individual was acting in self defense
  • The injury sustained by victims was accidental
  • The victim was the one who inflicted injuries upon his or herself

An experienced lawyer  in domestic abuse cases will usually have the defenses and evidences needed to prove your innocence. In the event you’ve been falsely accused of simple domestic battery, it’s essential to have a legal defense team by your side to drop these charges that are unnecessarily brought against you.


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Examining the Crime of Robbery

May 13th, 2012 by Randy Collins

What is Robbery?

California Penal Code Section 211 defines Robbery as when any individual steals something that belongs to someone else and also does so through force or threat.

Determining Factors of Robbery:

Before any case can be brought to court, there are factors of the crime that will need to be verified. Robbery CPC 211 is no different, and these factors include:

  • The accused is responsible for withholding a personal property from someone else
  • This property was obtained through force or threat and without the consent of the other party
  • The robbery was committed in the company of another person

Penalties for California Penal Code 211

The fines and punishments for Robbery, if convicted, include:

1st Degree Robbery – robberies committed in residencies, in financial organizations like banks, or in automobiles with passengers. Those found guilty face:

  • Felony: Prison: 3,4 or 6 years

2nd Degree Robbery – robberies committed anywhere else, for example in a closed business. Those found guilty face:

  • Felony: Prison: 3,4 or 5 years

It should be noted that felony or misdemeanor charges are determined by specific circumstances of the case, and the court will deliberate on these, before sentencing someone found guilty of Robbery.

How to Hire a Orange County Law Firm for Robbery:

Choosing a lawyer may be the difference between proving your innocence or being convicted of a crime you were no part of. Most  crimes, and especially Robbery, can have many negative repercussions on your life if proven guilty. If you are accused of Robbery and are innocent, it’s time to call a legal defense team that knows the law like the back of their hands. In addition, if you are guilty, a legal defense team can work to decrease penalties and fines. Call MacGregor and Collins at 949-250-6097 today.

Quick Resource

Are you new to the State of California and need to learn more about criminal offenses and their penalties? We have built a convenient resource center at the California Section Penal Codes Library.


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Examining the Crime of Murder

May 12th, 2012 by Randy Collins

What is Murder?

California Penal Code Section 187 defines Murder as when someone takes the life of another illegally and/or with premeditated thoughts. This also includes the killing of fetuses, with exemptions given in instances of consent by the mother, and performance by a licensed medical practitioner. There are two types of murders:

Determining Factors of Murder:

Before any case can be brought to court, there are factors of the crime that will need to be verified. Murder CPC 187 is no different, and these factors include:

  • The accused is responsible for spitefully killing someone, under 1st degree murder, or
  • The accused took the life of another, without the  intention to do so, under second degree murder

Penalties for California Penal Code 187

The fines and punishments for Murder, if convicted, include:

1st Degree Murder

  • Felony: Prison: twenty five years to life

2nd Degree Murder

  • Felony: Prison: fifteen years to life

It should be noted that felony or misdemeanor charges are determined by specific circumstances of the case, and the court will deliberate on these, before sentencing someone found guilty of Murder.

How to Hire a Orange County Law Firm for Murder:

Choosing a lawyer may be the difference between proving your innocence or being convicted of a crime you were no part of. Most  crimes, and especially Murder, can have many negative repercussions on your life if proven guilty. If you are accused of Murder and are innocent, it’s time to call a legal defense team that knows the law like the back of their hands. In addition, if you are guilty, a legal defense team can work to decrease penalties and fines. Call MacGregor and Collins at 949-250-6097 today.

Quick Resource

Are you new to the State of California and need to learn more about criminal offenses and their penalties? We have built a convenient resource center at the California Section Penal Codes Library.


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Possession of Drugs: Methamphetamines

May 11th, 2012 by Randy Collins

When someone possesses, sells or uses any form of controlled substances, or drugs, without a verifiable prescription, it is a crime. In California as an example, this is highlighted in Health and Safety Code 11377, where the use of non-prescribed drugs, and more specifically methamphetamines are prohibited.

What is Meth

Meth is one of the most widely used drugs. It is a highly addictive stimulant that can cause many negative side effects in users.

How is Meth Applied in Medicine?

Meth is used as a drug treatment for ADHD, diabetes and other chronic diseases.

Examples of Meth

Possession of meth examples include anabolic steroids, ketamine, PHP, GCB and more.

It’s important to know the law to avoid possible penalties and punishments. In recent news, many drug abuse cases have been publicized, and it goes to show that many individuals are still very unaware of the legal responsibilities associated with drug usage.

There is however a difference in possessing traces of Methamphetamine, such as residues, and a whole other ball game if it is found in larger quantities. Fines will also vary based on these circumstances:

  • Having simple possession of meth for personal use, or
  • Holding the drug for redistribution, trade or selling

The amount of meth someone has in their possession, as explained above is a deciding factor in fines and penalties.

When someone is arrested for the possession of Methamphetamine, the court will have to deliberate about whether the individual in question had knowledge that the  substance was illegal, or if they were given a medical recommendation to take the drug, based on illness.

Using drugs for medicinal purposes are outlined in the law, one example being California Proposition 215,  where the administration of medical marijuana is legal in some instances.

Sentencing for possession of methamphetamine includes either jail time of up to one year or up to three years, with added fines in the State of California. However, these penalties will vary from state to state.

Narcotics related crimes are usually a good cause for hiring a lawyer to reduce fines and jail time. This is because in many instances defendants are set up, and as such, and expert lawyer will have the know-how of how to defend your case successfully.


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Resisting An Executive Officer

May 11th, 2012 by Randy Collins

What is Resisting an Executive Officer?

California Penal Code Section 69 defines Resisting an Executive Officer as using force, aggression or menace to obstruct, or  holdup an officer in the line of duty, or to pause an arrest.

Determining Factors of Resisting an Executive Officer:

Before any case can be brought to court, there are factors of the crime that will need to be verified. Resisting an Executive Officer CPC 69 is no different, and these factors include:

  • The accused is responsible for deliberately defying or holding up an executive officer
  • The accused does so through force, violence or menace

Penalties for California Penal Code 69

The fines and punishments for Resisting an Executive Officer, if convicted, include:

  • Misdemeanor: Jail: up to 1 yr: Fines: up to $10,000
  • Felony: Prison: between 16 months-3 yrs |  Fines: up to $10,000

It should be noted that felony or misdemeanor charges are determined by specific circumstances of the case, and the court will deliberate on these, before sentencing someone found guilty of Resisting an Executive Officer.

How to Hire a Orange County Law Firm for Resisting an Executive Officer:

Choosing a lawyer may be the difference between proving your innocence or being convicted of a crime you were no part of. Most  crimes, and especially Resisting an Executive Officer, can have many negative repercussions on your life if proven guilty. If you are accused of Resisting an Executive Officer and are innocent, it’s time to call a legal defense team that knows the law like the back of their hands. In addition, if you are guilty, a legal defense team can work to decrease penalties and fines. Call MacGregor and Collins at 949-250-6097 today.

Quick Resource

Are you new to the State of California and need to learn more about criminal offenses and their penalties? We have built a convenient resource center at the California Section Penal Codes Library.



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Being in Contempt of the Court

May 10th, 2012 by Randy Collins

What is Being in Contempt of the Court?

California Penal Code Section 166 defines Being in Contempt of the Court as overlooking or not taking heed to orders handed out by the court. It also entails being disrespectful in court trials or giving a false testimony to a crime.

Determining Factors of Being in Contempt of the Court:

Before any case can be brought to court, there are factors of the crime that will need to be verified. Being in Contempt of the Court CPC 166 is no different, and these factors include:

  • The accused is responsible for ignoring an order that was issued by the court
  • The accused knew about the order, but disobeyed the order in any case

Penalties for California Penal Code 166

The fines and punishments for Being in Contempt of the Court, if convicted, include:

  • Misdemeanor: Jail: up to 6 months: Fines: up to $1,000

It should be noted that felony or misdemeanor charges are determined by specific circumstances of the case, and the court will deliberate on these, before sentencing someone found guilty of Being in Contempt of the Court.

How to Hire a Orange County Law Firm for Being in Contempt of the Court:

Choosing a lawyer may be the difference between proving your innocence or being convicted of a crime you were no part of. Most  crimes, and especially Being in Contempt of the Court, can have many negative repercussions on your life if proven guilty. If you are accused of Being in Contempt of the Court and are innocent, it’s time to call a legal defense team that knows the law like the back of their hands. In addition, if you are guilty, a legal defense team can work to decrease penalties and fines. Call MacGregor and Collins at 949-250-6097 today.

Quick Resource

Are you new to the State of California and need to learn more about criminal offenses and their penalties? We have built a convenient resource center at the California Section Penal Codes Library.



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Aggravated Battery

May 9th, 2012 by Randy Collins

What is Aggravated Battery?

California Penal Code Section 243 D defines Aggravated Battery as battery that ends in physical injury. Battery is defined as aiming force or  violence at another party.

Determining Factors of Aggravated Battery:

Before any case can be brought to court, there are factors of the crime that will need to be verified. Aggravated Battery CPC 243 D is no different, and these factors include:

  • The accused is responsible for deliberately using force or violence against a victim
  • This force resulted in physical injury

Aggravated battery is also defined as when an individual commits a battery against a police officer.

Penalties for California Penal Code 243 D

The fines and punishments for Aggravated Battery, if convicted, include:

  • Misdemeanor: Jail: up to 1 yr: Fines: up to $1,000
  • Felony: Prison: 2,3 or 4 yrs |  Fines: up to $10,000

It should be noted that felony or misdemeanor charges are determined by specific circumstances of the case, including the severity of the victim’s injuries, and whether a weapon was used. The court will deliberate on these, before sentencing someone found guilty of Aggravated Battery.

How to Hire a Orange County Law Firm for Aggravated Battery:

Choosing a lawyer may be the difference between proving your innocence or being convicted of a crime you were no part of. Most  crimes, and especially Aggravated Battery, can have many negative repercussions on your life if proven guilty. If you are accused of Aggravated Battery and are innocent, it’s time to call a legal defense team that knows the law like the back of their hands. In addition, if you are guilty, a legal defense team can work to decrease penalties and fines. Call MacGregor and Collins at 949-250-6097 today.

Quick Resource

Are you new to the State of California and need to learn more about criminal offenses and their penalties? We have built a convenient resource center at the California Section Penal Codes Library.


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