AGGRAVATED ASSAULT CRIMES & CHARGES

Criminal Defense Lawyer in Sacramento

Sacramento Criminal Defense Lawyer Explains Aggravated Assault Crimes & Charges

What is Assault? Though many people think of assault as a part of or connected to battery, most likely due to our consistent use of “assault and battery” as a phrase, the state of California considers assault and battery separate charges. While battery is defined as unlawful and willful physical contact with another individual, assault is defined as the unlawful attempt combined with the present ability to commit violent injury to another person, or an attempt and ability to commit battery. Essentially, assault is attempted battery. If you’ve been charged with assault, or have questions of the differences, make sure to contact a  Sacramento criminal defense lawyer for legal assistance pertaining to your specific case. Continue reading “AGGRAVATED ASSAULT CRIMES & CHARGES”

FIELD SOBRIETY TESTS & DUI ARREST

DUI Attorney in Sacramento

Non-standardized Field Sobriety Tests

Besides the NHTSA sponsored tests, other physical and verbal field sobriety tests are used to measure intoxication. Physical performance tests measure balance, while verbal tests measure mental acuity. Although officers typically administer the NHTSA field sobriety tests, sometimes nontraditional tests are used to supplement the standardized tests.

Physical Tests

There are several physical performance field sobriety tests that measure coordination. For example, standing at attention for 30 seconds to monitor body sway. The test is unreliable because studies show that drinking does not significantly affect body sway until nearly three hours after the cessation of drinking. Another example is picking up coins from the ground. This measures eye-hand coordination and balance. Other tests can include rapidly touching the thumb to the tip of each finger on the same hand, or patting the palm of one hand with the palm and back of the other. Continue reading “FIELD SOBRIETY TESTS & DUI ARREST”

JUVENILES AND THE LAW

criminal defense lawyer in sacramento

JUVENILE ARRESTS & CALIFORNIA LAW

As soon as someone turns 18, they are considered an adult with privileges such as being able to vote, enter into contracts, get married and have “freedom”. However, everything up until 18, they are considered minors and are under the care of a parent or parental guardian, which also means any legal implications they may get caught up in.

The California juvenile court process begins with an arrest. If the incident is not that serious, law enforcement may just give the minor a warning and let them go. But if the matter is serious, they will take the minor to juvenile hall and as a parent you want to make sure you defend and protect your child so make sure to contact an experienced attorney who can help guide you through the process. Continue reading “JUVENILES AND THE LAW”

ATTEMPTED MURDER

 Sacramento Criminal Attorney

Under California law, attempted murder is when you intent to kill someone and take a direct step in doing so but that person does not die.

The punishment for attempted murder is nearly as severe as that for actual murder. In order to be convicted of attempted murder, the prosecutor must prove the two elements of the crime beyond a reasonable doubt. If the prosecutor can successfully convince a jury that you are guilty then you will face severe charges. Continue reading “ATTEMPTED MURDER”

JUVENILE CRIMES

Sacramento Criminal Lawyer

Sacramento Criminal Lawyer Explains Juvenile Crimes in Northern California

When a minor gets in trouble with the law in the state of California, they go through a different system than adults. Legal proceedings occur in juvenile delinquency court, which has its own terminology and procedures that differ from adult court. If your child has been charged for a crime, make sure to speak to a Sacramento criminal lawyer immediately.

What Happens When a Minor is Arrested?

There are several things that may occur when an underaged individual gets in trouble with the police. Upon arrest, any of the following may happen:

  • Make a record of the arrest and release the individual
  • Send the individual to an agency that will care for or counsel the underaged person
  • Demand the individual come back to the police station, called being “cited back”
  • Give the individual a “Notice to Appear.” This article contains details of the arrest and when to appear in court.
  • Place the individual in juvenile hall, called “detention.” The individual will be allowed to place two phone calls. One call must be to a parent, guardian, relative, or boss. The other call must be to a lawyer.

Continue reading “JUVENILE CRIMES”

DOMESTIC VIOLENCE COMMON QUESTIONS

Sacramento Domestic Violence Attorney

Sacramento Domestic Violence Attorney Goes Over Common Questions

Violence against another person is illegal and considered assault or battery, depending on the circumstances. When the alleged victim is someone with whom the alleged assaulter has a romantic relationship, it is considered domestic violence and is a much more serious allegation. If you or someone you know has been accused of domestic violence, it’s important you speak to a Sacramento domestic violence attorney immediately.

California law makes it illegal to use physical force or to threaten physical force against an intimate partner. Such allegations can alter your life in a variety of ways. This article aims to answer some common questions regarding domestic violence but it’s not intended to be a replacement for legal expertise. If you have been accused of domestic violence, contact a Sacramento domestic violence attorney immediately. Continue reading “DOMESTIC VIOLENCE COMMON QUESTIONS”

DUI CONVICTIONS FOR UNDERAGE DRIVERS

DUI Attorney in Sacramento

DUI Attorney in Sacramento Explains DUI’s For Those Under the Age of 21

Getting a DUI is a serious matter which should be discussed with a DUI attorney in Sacramento immediately. There are two main laws that cover underage DUIs in California:

Vehicle Code 23136 VC

This is known as the “zero tolerance” law for underage DUI. This law states that anyone under the age of 21 that drives with a blood alcohol content (BAC) of 0.01% or greater is in violation of the law and may face a one-year suspension of their driver’s license.

This law is not only limited to alcoholic beverages and includes any sources that include alcohol, including medications. Continue reading “DUI CONVICTIONS FOR UNDERAGE DRIVERS”

COMMON DUI MYTHS

DUI Attorney In Sacramento

DUI Attorney in Sacramento Explains Common DUI Myths

There are a lot of misconceptions regarding DUI laws in the state of California. It is important to take everything a friend or acquaintance tells you about DUI laws with a hint of skepticism and contact a DUI attorney in Sacramento instead. It’s very important to understand the actual laws and policies so you can protect yourself if you’re in the unfortunate circumstance where these rules are relevant. Below this article aims to clear up some common misconceptions or myths about getting a DUI in California. Continue reading “COMMON DUI MYTHS”

FEDERAL DRUG CHARGES

Criminal Defense Lawyer in Sacramento

If You Are Facing Federal Drug Charges, You Need A Criminal Defense Lawyer in Sacramento With Experience Handling Drug Crime Defense Work In Federal Court

Many of the activities involving the production, sale, possession, or use of illicit drugs violate both state and federal criminal law. However, some activities violate only either a state law or a federal law.

For example, in California, despite statewide propositions that have sought to legalize marijuana use for medical purposes, federal law still prohibits the manufacture, sale, and possession of marijuana. Accordingly, individuals who believe they may conduct certain marijuana-related activities in California with impunity are mistaken, and may be surprised to find themselves arrested and charged by federal authorities. This is just one example where, when state and federal laws differ, a defendant may find himself or herself charged with a federal rather than state drug crime. Continue reading “FEDERAL DRUG CHARGES”

CONSEQUENCES OF MULTIPLE DUI ARRESTS IN ONE YEAR

DUI Attorney in Sacramento

DUI Attorney in Sacramento Discusses the Consequences of Multiple DUI Arrests in One Year

Driving under the influence of drugs or alcohol is a very serious conviction. The consequences associated with this conviction increase in severity with the increase in DUIs incidents. There are minimum and maximum sentences for each conviction. Judges consider the specific circumstances and other factors surrounding a DUI when deciding the exact sentencing. If you have been convicted of another DUI in the same year, make sure to speak to a DUI attorney in Sacramento.

Most drunk driving incidents are prosecuted as misdemeanors but a DUI may be considered a felony if someone is injured or if you have already had four or more DUIs. Courts consider the past 10 years as a “lookback” period. Any DUI’s that occurred before that period are not taken into consideration. Continue reading “CONSEQUENCES OF MULTIPLE DUI ARRESTS IN ONE YEAR”