There are three forms of assault that can be punishable in a court of a law: common assault, criminal assault, or aggravated assault. Common assault is almost any behavior that can be judged as offensive or threatening, which is done with the volition to harm someone else but fails in physical harm. For instance, if you try to hit someone with a punch, a kick, or an object and miss, you have committed a common attack against them. Even though no physical harm was done, the failure to commit a criminal attack may still be prosecuted as a common one. Criminal assault is associated with battery and is harmful, physical contact, which has resulted in another person’s injury. For instance, punching, kicking, or using an object whether by striking or throwing are forms of battery as long as the victim has been physically harmed. Aggravated assault is where the offender uses a foreign object as a weapon and injures his or her victim severely, which goes beyond the normalcy of a common criminal strike. Continue reading
A statute of limitation is the time allowed for prosecutors to lay a charge against someone who is accused of committing a criminal offense. The period normally runs from the point at which the alleged offense has been disclosed or discovered. This period varies depending on the category of offense as well as the jurisdiction involved. California’s statutes of limitation for criminal charges are not exactly the same as other states and also differ from those of the federal government.
Statutes of limitation allocated for white collar offenses are particularly complex, partly because of the heterogeneous nature of the offense itself. Some of the more heinous offenses, including murder (which is not one of these offenses) and embezzlement of public funds (which is one of these offenses) do not have any statute of limitations at all. This means that whenever an individual is alleged to have committed an offense there is no time limit on them for being prosecuted.
Most white collar crimes have a statute of limitations between 1 and 10 years. Generally, the less severe the alleged offense means the shorter the time period allowed for prosecutors to act. Continue reading
If you or someone you know has been charged with anything related to domestic violence, there is a high probability that those charges are either corporal injury on an intimate partner or a spousal battery. A spousal battery is also called a domestic battery. A corporal injury and a spousal battery are the most common domestic abuse charges. Despite having a few similarities, the crimes of a corporal injury and a spousal battery have a few distinguished differences that greatly affect the ways in which defendants are prosecuted and defended.
What is a Corporal Injury on an Intimate Partner?
Penal Code 273.5 PC governs a corporal injury to an intimate partner (CIIP). The crime may also be referred to as a spousal abuse, domestic abuse, domestic violence, and a willful or intentional infliction of CIIP. Continue reading
A mistake in judgment that you made years ago can have far-reaching effects, including your ability to get the job that you want, obtain some professional licenses, or rent a home. Even though California criminal records are a matter of public record, an individual would need to know where to look for these files and take the time to look through thousands of court records in each county to find your records.
However, electronic indexing has made it much easier for individuals and companies to obtain copies of your records. Companies index court records into large databases that are easy to search by name, address, date of birth or any other relevant information that can be found in a court record. Potential employers and landlords then pay these research companies for a background report to determine if you have any outstanding warrants or past felonies or misdemeanors.
Fortunately, having your record expunged is often possible. An expungement allows an individual or their attorney to petition the court to reopen his or her case so that they may enter a plea of “not guilty” and have the case dismissed. A MacGregor & Collins, LLP expungement attorney will make the process easier because they are familiar with the process and know exactly what information and forms will be required to expunge your record in California.
The benefits of obtaining an expungement include preventing potential employers from discriminating against you for a job and allowing you to apply for professional licenses or rental agreements without the fear of your past mistakes coming back to haunt you. Continue reading
Facing a DUI charge is a serious matter that leaves most individuals wishing they had used different judgment before getting behind the wheel. Despite the initial fear that follows an arrest, having a drunk driving charge does not have to be the end of the world. An experienced attorney can help you resolve a drunk driving charge so that you can get on with your life. Once you pay the penalty for driving while intoxicated, that should be the end of the story and no one should hold that against you.
Unfortunately for some, their drunk driving charge does not stop affecting them after their case has been resolved. For those with little to no knowledge about the subject, legitimate concerns keep them from applying for certain jobs or pursuing certain opportunities. Their drunk driving offense becomes a horrible fear that restricts their upward mobility. Finding out whether an offense can be found during a background check becomes a matter of supreme importance. Continue reading
While the majority of the population will never know what it is like to be arrested for driving under the influence, there are a number of others who will receive a 1st, 2nd, 3rd, or even 4th conviction for this offense. For many repeat offenders, alcoholism or other personal problems inhibit their ability to stay sober behind the wheel, and it can have devastating results on their personal life, their employment, and the general safety of themselves and those around them.
When referring to 3rd offenses specifically, defendants often ask me whether they will serve jail time. Many hope that the answer is no and that they could instead be sentenced to house arrest. While it seems like a longshot that a 3rd DUI offender can be sentenced to home confinement, with help from a DUI attorney, some defendants have been successful in doing so. Continue reading
Before we start to discuss the penalties for violating probation terms, we should first know what probation is, what types of probation exist under California law, and what terms and conditions of probation you are required to comply with. Probation is a penalty imposed on a convicted offender that uses various means of court supervision instead of confinement. Probation is a better alternative to prison or jail time, but those who fail to stay in compliance face serious penalties. What penalties you will face depend upon a number of different factors, but are largely affected by whether your probation is formal or informal. Continue reading
For some, the question what is a criminal law attorney may seem to have a simple answer, but as is the case with almost anything having to do with law, the in-depth answer is different depending upon a number of different circumstances.
The obvious answer is that a criminal law lawyer is the same as a criminal defense lawyer, at least in most cases. The term itself is not one that is used in court documents, nor would you be likely to hear it spoken in a court, but is a commonly used phrase by the general public.
Although different lawyers will provide you with completely different services and customer service experiences, there are some things that should remain constant regardless of your circumstance. Continue reading
Travis Dewayne Batten, a 31-year-old mechanic employed by Newport Beach Fletcher Jones, was recently convicted for multiple counts of sexual assault. An Orange County Jury found him guilty of kidnapping to commit a sexual offense, sexual penetration by a foreign object by force, assault with the intention of committing a sexual offense during the course of a burglary, as well as sodomy by force.
Batten’s sentencing is scheduled for May 23rd, 2014. If the court so chooses, he could be ordered to serve 120 years to life in a California state prison. He was convicted for his actions arising from two separate burglaries and assaults, one which occurred in Newport Beach and another in Irvine between May 20, 2005 and November 30, 2006. Continue reading
For better or worse, jail informants are an important part of California’s criminal justice system. Countless cases have been solved and numerous murderers have gone to prison for life with the use of informant testimony being the basis for establishing guilt. Although criminal defense attorneys have been condemning the informant process for years, recent events have placed a spotlight upon prosecutors and county officials over how, and in what manner, cell mate snitches are to be used during the evidence gathering process. Continue reading