How is Voluntary Manslaughter Punished? – PC 192 (a)
How is Voluntary Manslaughter Punished? – PC 192 (a)
If you have been charged with voluntary manslaughter, it is important that you contact an attorney as soon as possible. The punishment for this crime can be severe. If charged under section 192 (a) of the California Penal Code, you could face up to three, six, or eleven years in prison. However, the judge does have the discretion to place you on probation. If the court places you on probation…
Read MoreIf I filed a false police report can I get arrested?
YES, it is a crime in California to knowingly file a false police report. You could be sentenced to jail and have to pay a fine. You could also be placed on probation. It is never a good decision to speak to the police and tell them you filed a false police report until you have retained an experienced orange county criminal defense law firm to help you.
Read MoreWhat does “articulable and reasonable suspicion” mean?
The key question in determining whether a law enforcement vehicle stop was unconstitutional is whether or not the officer had an “articulable and reasonable suspicion” of unlawful activity. The officer need not have probable cause to stop a motorist. The probable cause standard is the standard used to determine the propriety of an arrest—not a detention. The articulable and reasonable suspicion standard is an admittedly vague guidepost for evaluating the…
Read MoreWhat Is The Punishment For Grand Larceny In Riverside?
Grand larceny is commonly known as grand theft in Riverside and involves the taking of property valued at more than $950. Grand larceny is a wobbler under California law which means that it can be charged as a felony or a misdemeanor. As a felony grand larceny is punishable by a sentence of up to 3 years in county jail. As a misdemeanor grand larceny can result in a county…
Read MoreHow long does the DA have to prosecute me for burglary?
If you are being accused of a first degree burglary then you are facing up to six years in state prison and a strike offense. If you are facing second degree burglary you are facing up to three years in jail. In either case the DA must file formal charges against you within three years of the date of the alleged crime. However, remember they do not have to arrest…
Read MoreWhat are the different degrees of murder in California?
Murder falls under the homicide category of crimes. There are several different degrees of murder: first-degree murder, second-degree murder, and manslaughter. First-degree murder means that the killing was premeditated. In California, however, even a killing that wasn’t intentional may be treated as a first-degree murder if it happened during an inherently dangerous felony, such as rape, carjacking, robbery, arson, kidnapping, burglary, or mayhem. This is called the felony-murder rule. All…
Read MoreWhat are the total costs if I am found guilty of a DUI?
Leading experts estimate the that total costs related to a DUI conviction now far exceeds $10,000. This is broken down into many components l. The fine, which for a first offender is about $2,000. 2. The cost of the required alcohol program ranges from $750 to $2,000 3. Your car insurance will either be cancelled or you will become “assigned risk”. The average increase in car insurance over a period…
Read MoreWhat does the DA have to prove to convict me of robbery?
The District Attorney must prove all of the following 1. You took property that was not yours 2. The property was in another persons possession or immediate presence 3. You took the property against the other persons will 4. You used force or fear to prevent the other person from resisting 5. You intended to keep the property long enough to deprive the owner of a major portion of the…
Read MoreI was arrested for a DUI in Riverside. Will I Be Deported?
Assuming you are not a U.S. citizen, deportation after your DUI in Riverside may very well depend on your legal status. If you are completely undocumented, an Immigration & Customs Enforcement (ICE) hold may be placed on you at the time of arrest, and you very well could be deported if ICE follows through and picks you up at the local jail and formal deportation proceedings are initiated. If you have any…
Read MoreIs post-accident alcohol consumption a valid DUI defense?
Post-Accident Alcohol Consumption is a common DUI defense argument applicable in certain DUI fact pattern scenarios. The availability and effectiveness of this defense will rest upon the surrounding facts and circumstances, specifically, the availability of alcohol from the time of the accident and/or crash to the time that police made contact with the driver. It is extremely important to develop a drinking history timeline. A credible drinking pattern is used…
Read More