The Primary Defenses To A Robbery Charge – Penal Code Section 211
The Primary Defenses To A Robbery Charge - Penal Code Section 211 Facing robbery charges can be a daunting experience. Robbery is a serious crime that involves taking someone's property through force or intimidation. Knowing your rights and understanding the defenses available can significantly impact the outcome of your case. If you are looking for a criminal defense attorney near you, then you can reach out to us at any…
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The Primary Defenses To A Battery On A Police Officer Charge – Penal Code Sections 243(b), 243(c)
The Primary Defenses To A Battery On A Police Officer Charge - Penal Code Sections 243(b), 243(c) Facing a charge of battery on a police officer in California can be overwhelming and intimidating. This serious offense carries potential legal consequences that can significantly impact your life. But understanding your rights and the defenses available to you can make a crucial difference. This blog will explore what constitutes battery on a…
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The Primary Defenses Against Drug Possession And Distribution Charges In California – Health And Safety Codes 11350, 11351, 11352, 11357, 11379
The Primary Defenses Against Drug Possession And Distribution Charges In California - Health And Safety Codes 11350, 11351, 11352, 11357, 11379 The legal consequences of drug-related crimes in California can vary significantly depending on the nature of the offense and the specific state statutes involved, particularly in relation to Health and Safety Codes. Understanding these laws is crucial, not only for compliance but also for protecting your rights and future.…
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We Can Help You Get Your Serious Criminal Charges Dismissed
We Can Help You Get Your Serious Criminal Charges Dismissed Wallin & Klarich helps clients achieve dismissal of serious criminal charges. Our firm recently represented a client who was facing serious criminal charges out of Riverside county including kidnapping for rape, rape of an unconscious person, and assault with intent to commit rape. The district attorney claimed that our client had sex with his co-worker when she was unconscious after…
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The People v. Anatoly Smolkin
The People v. Anatoly Smolkin There was an interesting criminal case that made its way to the appellate courts in northern California in May 2020 in Solano County. Penal Code 69 The issue, in this case, was whether the appellant’s conviction under PC 69 was constitutional. Under Penal Code 69, a defendant can be convicted of a crime where they Willfully and unlawfully used violence and/or threats of violence to…
Read MoreI am Accused of Criminal Threats. What Should I Do Now? (PC 422)
I am Accused of Criminal Threats. What Should I Do Now? (PC 422) You were angry and you directed a threatening statement at someone. You may have never meant for the threat to be taken seriously, but now you find yourself accused of criminal threats under California Penal Code Section 422. Criminal threats is a serious crime in California. If you are convicted under PC 422, you could face up…
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The Elements of Making a Criminal Threat
The Elements of Making a Criminal Threat To be convicted of criminal threats in California, the prosecution must prove beyond a reasonable doubt that your act satisfied all of the elements of the crime. If your act does not meet all of the elements of criminal threats, you cannot be convicted under PC 422. Let’s examine the elements of the crime of making a criminal threat. Jury Instructions for Criminal…
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Is Criminal Threats a Strike in California?
Is Criminal Threats a Strike in California? If you threaten to cause another person great bodily injury or death, you could be charged with making a criminal threat under California Penal Code Section 422. You face serious penalties if you are convicted of making criminal threats, including potential prison time and expensive fines. Will you also face a strike on your criminal record under California’s Three Strikes law if you…
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Is Criminal Threats a Misdemeanor or a Felony in California? (PC 422)
Is Criminal Threats a Misdemeanor or a Felony in California? (PC 422) You commit the crime of making criminal threats under California Penal Code Section 422 if you willfully communicate a threat to cause another person great bodily injury or death. To be convicted of criminal threats, the prosecution must prove all of the following elements of the crime: You willfully threatened another person with the intent of seriously injuring…
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Can You Be Convicted of Criminal Threats for Making a Threatening Gesture? (PC 422)
Can You Be Convicted of Criminal Threats for Making a Threatening Gesture? (PC 422) During a game last year, Josh Manson of the Anaheim Ducks made a “throat slash” gesture at an opposing player. He was fined by the NHL for this incident. However, was this gesture a real threat directed at his opponent? Is making a throat slashing motion or other hand gesture enough to be considered a criminal…
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