Criminal Appeals
California Court of Appeal Clarifies “Force” Requirement of False Imprisonment – PC Section 236-237
In the recent case of People v. Santos Dominguez (2010) 2010 WL 60237 (hereafter Dominguez), the California Court of Appeal held that the amount of force required for false imprisonment of an unresisting infant or child is the amount of physical force required to take and carry the child away a substantial distance for an illegal purpose or with an illegal intent. The court also clarified what constitutes "violence, menace,…
Read More
Lesser Included Offenses: How An Experienced Criminal Defense Attorney Could Save you From a Felony Conviction
Most felonies could be charged as lesser offenses. In other words, the lesser offenses are a part of the felony because they include the same elements. Typically, the jury must be instructed on the lesser included offense. For example, the crime of felony assault includes the lesser offense of simple assault. Simple assault requires that the prosecution prove the following elements: The defendant willfully attempted to inflict injury upon another,…
Read More
How Hiring an Experienced San Diego Criminal Defense Attorney Can Help You if You Are Charged with Vandalism – Penal Code Section 594
It was recently reported that three individuals were arrested in connection to a vandalism case in El Cajon, California. Oswaldo Sanchez (19 years old), Aaron Menjuga (18 years old), and a minor (male, 16-years old) were all taken into custody when police pulled them over for an unrelated traffic stop. The police found BB guns and ammunition in the vehicle. Earlier that same day over 13 cars had been damaged…
Read More
I am Accused of Criminal Assault – What should I Do? – California Penal Code 240
California Penal Code Section 240 defines an assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. In other words, it is some type of action that attempts to physically injure someone. You will often hear the defendant was charged with "assault & battery." This means that the defendant is charged with two crimes. Assault is different from battery. Assault…
Read More
A Person Can be Convicted of Burglary of the Apartment Which He Leases: California Penal Code Section 459
Recently, a California appellate court has concluded that even if you have a signed lease to enter your apartment, that may not constitute a complete defense to burglary when there is sufficient evidence to conclude that the defendant did not have "an unconditional possessory interest" in the apartment rented with another person at the time of commission of burglary.(People v. Ulloa (Cal. App. 4 Dist., Dec. 21, 2009, No. E045880)…
Read More
Possession of Medical Marijuana is Limited to the Patient’s Current Medical Needs
Why Having an Experienced Drug Offense Attorney Can Mean the Difference Between Jail and Freedom A recent California Court of Appeals decision, People v. Archer, held that, in medical marijuana possession cases, the jury must be informed that the patient has a right to possess an amount that is reasonably related to the patient's current medical needs. The California Legislature recently enacted Health and Safety Code section 11362.77 of Medical…
Read More
The California Supreme Court Affirmed a Death Sentence for the 1995 Murder of a Deputy Sheriff in Lassen County: Criminal Defense Issues Discussed on Appeal, Part II
As discussed yesterday, the California Supreme Court unanimously affirmed the verdict of death after the jury in the Sacramento County convicted the defendant of the first degree murder of a deputy sheriff and of the attempted wilful, deliberate, and premeditated murder of three other peace officers stemmed from an incident of domestic violence on March 2, 1995, in Ravendale. (People v. Ervine (2009) 47 Cal.4th 745.) Another issue addressed by…
Read More
The California Supreme Court Affirmed a Death Sentence for the 1995 Murder of a Deputy Sheriff in Lassen County: Jailers Unlawfully Seize Defendant’s Notes of Conversations with His Attorney, Part I
In one of its last decisions of 2009, the California Supreme Court on automatic appeal has unanimously affirmed the verdict of death after the jury in the Sacramento County convicted the defendant of the first degree murder of a deputy sheriff and of the attempted wilful, deliberate, and premeditated murder of three other peace officers stemmed from an incident of domestic violence on March 2, 1995, in Ravendale. (People v.…
Read More
How Hiring An Experienced San Diego Criminal Defense Attorney Can Help You If You Are Arrested for a Hit and Run – CVC 20001 – CVC 20002
It was recently reported that a 62-year old woman died as a result of her injuries in a hit and run accident in Los Angeles. The woman, whose name has not yet been released, was hit while she was crossing a street near Normandie Avenue and West Adams Boulevard. The man believed to have hit the woman was driving a black Toyota Camry. Police are trying to locate the driver,…
Read More
How Reimbursement For Victims of Crimes Affects Restitution Costs In Criminal Cases – Restitution May Include Many More Things Than You Might Think
If you are convicted of a crime against another person, you have the right to have a hearing to determine how much restitution is owed to the victim. At that hearing, there needs to be a showing in front of a judge to determine the amount that the victim is entitled to, as a result of the crime. Most people would expect that the victim be entitled to reimbursement for…
Read More