Identifying the “Primary Aggressor” in a Domestic Violence Context – Part 2 of 3 – California Penal Code 13701
Identifying the “Primary Aggressor” in a Domestic Violence Context – Part 2 of 3 – California Penal Code 13701
In identifying the "primary aggressor" of a domestic violence dispute, law enforcement will consider the intent of the law to protect victims of domestic abuse from continuing abuse, any threats giving rise to fear of physical injury, the history of domestic violence between the parties involved, and whether either part was acting in self-defense. If you have been accused of causing injury to a spouse, former spouse, or cohabitant, you…
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San Bernardino Assault and Battery Lawyers
As one of Southern California's largest cities, San Bernardino has an estimated population of 205,010 within its stretch of 78.5 square miles. Located in California's Inland Empire, San Bernardino is the 18th biggest city based on population within the state. San Bernardino rests at the bottom of the San Bernardino Mountains and attracts a variety of visitors throughout the year. Similar to other busy and densely populated areas, arrests are…
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Identifying the “Primary Aggressor” in a Domestic Violence Context – Part 1 of 3 – California Penal Code 13701
Police officers and prosecutors alike receive training for identifying the primary aggressor in the context of a domestic violence dispute. When being charged with any type of domestic violence in California, it is critical that you immediately contact a criminal defense attorney versed in handling all domestic violence cases. You will need an advocate on your side to assist in painting a more accurate portrait of the incident in question.…
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How Can I Stop Registering as a Sex Offender? California Penal Code 290
If you have been convicted of a sex crime and are currently registering as a sex offender, you may be entitled to exclusion from sex registration. In the recent case of People vs. Taravella, it was decided that if you were convicted of oral copulation with a minor (14 or 15 years old), you may have a remedy to stop registration. If you are currently registering as a sex offender,…
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What Can Constitute “Possession” for the Purposes of Possession of a Controlled Substance? Health and Safety Code Sections 11350 & 11377
Under California law, a person is recognized to have "possession" of a tangible object when they have personal charge or control of, or exercise the right of ownership or management over the tangible object. It is important to understand that possession of a controlled substance in California may be actual or constructive. Constructive possession is not as straightforward as actual possession, but constitutes possession nonetheless. "Constructive possession" can apply in…
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What Does the Prosecution have to Prove in Order to Convict a Defendant of Showing or Sending Harmful Material to Seduce a Minor in Violation of California Penal Code Section 288.2(a) and (b)?
In California, it is a crime to send harmful material to a minor in an attempt to seduce that minor. A minor in California is anyone who is under the age of 18. California Penal Code Section 288.2(a) provides that every person who, with knowledge that a person is a minor, knowingly sends any harmful matter to a minor with the intent of seducing the minor is guilty of a…
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What is an Expungement? California Penal Code 1203.4
If you have been convicted of a crime in the past, you know this can be very difficult to overcome. Having a criminal record could destroy your life. It can be challenging to find and maintain employment and the negative stigma will follow you around for the rest of your life. This is a burden that no one wants to carry around. With the help of an experienced criminal defense attorney,…
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Huntington Beach Assault and Battery Attorneys
Located in Orange County, California, the city of Huntington Beach is most recognized for its scenic beaches and conserved wetlands. Often referred to as "Surf City," Huntington Beach's approximate population amounts to 190,000 within a span of 31.6 miles. Huntington Beach attracts a diverse crowd of visitors within its already densely populated area, mostly due to the many surfing events hosted throughout the year. Similar to other busy cities, arrests…
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The Difference between Possession of Drugs and Possession of Drugs for Sale Charges – California Health and Safety Code Section 11350 & 11351
How an Experienced Southern California Drug Defense Attorney Can Help You If the police detain you for any reason and you are caught with drugs you may be charged with drug possession. But, if the police believe that you possessed the drugs in order to sell them, then that is a separate charge called "possession for sale." What would give police the proof that you intended to sell the drugs…
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Police Officer Pleads Guilty to Receiving Stolen Property – California Penal Code Section 496
An Oceanside police sergeant recently pleaded guilty to charges of "receiving stolen property and knowingly accepting items purchased with embezzled funds," according to a recent report by San Diego News 10. The man had been with the Oceanside Police Department for 10 years and was quoted as being a "rising star" in the department when he was charged. Allegedly, the man was romantically involved with a woman who had been…
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