While many people use the phrase “assault and battery” as though it constitutes a single criminal offense, assault and battery are actually two separate crimes in California. Under California Penal Code § 240, an assault is defined as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of…
Murder charges are always serious, though there are two different degrees. Each one has its own degree of seriousness, as well as punishments. The worst type of murder is considered first-degree, though there are also second-degree, involuntary manslaughter and attempted murder. So, what is first-degree murder? A first-degree murder charge is the most severe murder…
Being accused of a hit and run accident can be a scary experience. After all, according to California Vehicle Codes 20001 and 20002, fleeing the scene of a crash that involves injury to a person or property could land you in jail and result in some pretty hefty fines. What steps should you take, though,…
It is common knowledge that driving while drunk is a bad idea that can not only send you to jail but also increase the chances of you being involved in a fatal accident. However, with more states legalizing the recreational use of marijuana, many law enforcement agencies are struggling with the concept of driving while…
Possible Sentences Under the “One Strike” Law Under Penal Code section 667.61, also known as the “One Strike” law, a person will suffer a sentence of life behind bars if convicted of the following sexual offenses, when those offenses are committed under the circumstances listed below: 1) One Strike Law Applies to the Following Sexual…
In this age of helicopter-parenting, the term “child endangerment” is bandied about all the time. The media is full of stories of parents who have to battle child protective services and law enforcement because they allow their children to walk home from the park alone or tell their five-year-old there is no school on Saturday…
Late last year, two Southern California residents pleaded guilty to grand theft, embezzlement and fraud charges in a billing scheme that resulted in $6.6 million illegally billed to Medicare. Previously, three others associated with the scheme also pleaded guilty. ‘Quality Improvement Coordinator’ pleads guilty… In the first instance, an employee of Mauran Ambulance, who was…
In my experience, young people who are sexually active are savvy about important issues. They are aware that it is important to take precautions against pregnancy, sexually transmitted diseases and to obtain valid consent between partners. But if either member of the couple is under 18, then a night together can turn into a life-shattering…
A few days ago, attorney Nic Cocis and Liberty Counsel filed a motion and a reply with the San Francisco Superior Court asking it to dismiss 14 of the 15 Counts in the criminal complaint brought against Sandra Merritt. The Court had previously agreed that the criminal complaint filed by the prosecutor was legally defective and…
According to a recent Court of Appeal decision, a lawyer who was pulled over for talking on her cellphone, “exhibited some of the classic, objective symptoms of intoxication, including having red, bloodshot, and watery eyes, and having a strong odor of an alcoholic beverage on her breath,”. The Court added that: “[lawyer’s] crying, her initial…
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