VOLUNTARY AND INVOLUNTARY MANSLAUGHTER & MURDER

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SACRAMENTO CRIMINAL LAWYER

VOLUNTARY MANSLAUGHTER

Manslaughter is the unintentional killing of another human being. There are three types of manslaughter that can take place: voluntary, involuntary, and vehicular manslaughter. Voluntary manslaughter is more serious than involuntary manslaughter, and the punishment is accordingly stiffer. For example, if a death occurs upon a sudden quarrel or heat of passion, you may be charged with voluntary manslaughter.

Voluntary manslaughter is an intentional killing without malice aforethought. Usually there are some mitigating circumstances that justify reducing a murder charge to the lesser offense of manslaughter.

A common example of voluntary manslaughter is a killing committed in the “heat of passion” by a husband who finds his wife in bed with another man. If the wronged husband kills before a reasonable person in the same situation would have cooled off, the killing, although still unlawful, is usually reduced from murder to voluntary manslaughter. But if the husband did not act immediately and instead plotted the killing for a few weeks, there would be a good argument that he is guilty of murder because he waited beyond a reasonable cooling-off period before acting. Continue reading “VOLUNTARY AND INVOLUNTARY MANSLAUGHTER & MURDER”

DUI DEFENSE

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SACRAMENTO DUI LAWYER

YOUR FIRST DUI CHARGE

Driving under the influence is a serious crime with some harsh penalties. Contact a DUI attorney for consultation immediately.

Over 200,000 drivers are arrested each year for driving under the influence in California alone and the administrative penalties vary. Before you can be sentenced of drunk driving though, the prosecution must establish three things.

  1. The first is that the officer who arrested you must have had probable cause to stop you, like speeding or running a red light for example.
  2. Second, you must have violated California’s DUI laws by driving with an illegal blood alcohol content (BAC) of .08 or refused to perform a chemical test.
  3. Lastly, the arrest must have been lawful. If all three of these are not met, the charges against you should be dismissed.

Continue reading “DUI DEFENSE”

MOM SAYS SECURITY GUARD ACCUSED OF EXCESSIVE FORCE HAD REQUESTED TRANSFER

SACRAMENTO (CBS13) — A security guard accused of using excessive force on a homeless man appeared in court on Thursday.

Michael Johnson, 23, was arraigned in Sacramento County court. Johnson was appointed a public defender during his arraignment.

The victim remains in critical condition with life-threatening injuries.

“This is the end result for something; had he been patrolling another site, he wouldn’t be here,” said Shirelle Williams, Johnson’s mother.

Her son is behind bars, but she says he’s not the one to blame. Williams says her son quit his security job two weeks ago because he felt unsafe at work.

Learn more here: http://sacramento.cbslocal.com/2017/10/26/safeway-security-guard-arrested/

FIRST-DEGREE & SECOND-DEGREE CHARGES

Sacramento Defense Lawyer

Sacramento Defense Lawyer Discusses First-Degree and Second-Degree Charges in California

Specific categorization of crimes allows the Court to give detailed sentences that match the severity of the crime. In California, felony crimes have varying degrees. For example, if there was only one degree of murder, then anyone who killed another person would probably spend the rest of his or her life in jail.

There would be no room to consider the exact details of the crime such as it occurring in the heat of an argument or as another consequence of an action not intended to actually kill the person. The severity of punishments are all circumstantial. If you have been charged of a first-degree or second-degree crime, contact a Sacramento defense lawyer immediately for legal assistance.

The court takes several aspects of a crime into consideration when determining the classification of the transgression. One important consideration is aggravating or mitigating circumstances. Mitigating circumstances are elements of the crime that do not necessarily excuse the crime but that are considered in order to fairly judge the severity, and degree, of a crime. Crimes that are committed in the “heat of passion” are an example of the consideration of mitigating circumstances. Aggravating circumstances are elements of the crime that actually increase its severity – such as killing someone based on their sexual orientation. Continue reading “FIRST-DEGREE & SECOND-DEGREE CHARGES”

VOLUNTARY, INVOLUNTARY AND VEHICULAR MANSLAUGHTER CHARGES

Criminal Defense Attorney in Sacramento

Voluntary, Involuntary and Vehicular Manslaughter Charges

Getting charged with any type of manslaughter can not only be an emotional and challenging time in your life, but it can also affect the rest of your life and the loved ones around in many ways. Whatever the circumstances may be, contact a criminal defense attorney in Sacramento immediately for legal representation. Continue reading “VOLUNTARY, INVOLUNTARY AND VEHICULAR MANSLAUGHTER CHARGES”

AGGRAVATED ASSAULT CRIMES & CHARGES

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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

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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”