Category: CRIMINAL DEFENSE

CRIMINAL DEFENSE

FELONY MURDER RULE

SACRAMENTO CRIMINAL DEFENSE LAWYER

Sacramento Criminal Defense Lawyer

CALIFORNIA’S FELONY-MURDER RULE

California’s felony-murder rule attaches criminal liability to anyone who kills another human being during the commission of an inherently dangerous felony. The rule was established with the goal of holding people who engage in dangerous behavior accountable for the harm to others. Because of this rule, the government can allege criminal liability for the death of another even if the accused did not intend for anyone to die during the commission of certain conduct.

The purpose of the felony murder rule is to deter people from engaging in dangerous behavior that may lead to loss of life. When the felony murder rule is applied, the court does not distinguish between intentional, accidental, or negligent homicides. If a person dies during the commission of a felony, the felony murder rule applies and the person engaged in committing the felony can be charged with murder. Continue reading “FELONY MURDER RULE”

SACRAMENTO COUNTY WARRANTS

CRIMINAL DEFENSE LAWYER IN SACRAMENTO

Criminal Defense Lawyer in Sacramento

If you believe that you have an outstanding warrant out of Sacramento County contact our offices immediately.

The experienced criminal defense attorney you will speak with will need to determine if the warrant is a bench warrant or an arrest warrant. With bench warrants, the criminal defense attorneys will work with your bail agent to secure release. Bench warrants are issued when a defendant fails to appear at a hearing. Many courts will allow a bail agent to re-assume the bond (meaning reinstate the previous bond) for a minimal fee. If you have missed a court appearance in Sacramento or any other Northern California criminal court, it is likely that the court issued a bench warrant for your arrest. Contact the Law Offices of Alin Cintean immediately so that one of our criminal defense attorneys can work to arrange a new court date for you. Continue reading “SACRAMENTO COUNTY WARRANTS”

ELK GROVE STUDENT’S RACIST RANT DRAWS NATIONAL CONDEMNATION

ELK GROVE (CBS13) — A Pleasant Grove High School student is in hot water after a racist video she recorded went viral on social media.

The girl filmed herself making derogatory comments about the black community. The video has more 3 million views on Twitter since it was first posted over the weekend.

“Black people are trash; they need to die,” she said.

The racist, hate-filled rant has gone viral on social media, of two Pleasant Grove High students — one is seen in the background laughing at her friend’s racist remarks.

The girl in the video went on to say: “When the police were killing all those black people I was so happy.”

Community members are now demanding a public apology.

LEARN MORE: http://sacramento.cbslocal.com/2017/12/27/elk-grove-students-racist-rant-draws-national-condemnation/

FEDERAL CRIMES DEFENSE

Criminal Defense Attorney in Sacramento

CRIMINAL DEFENSE ATTORNEY IN SACRAMENTO

SUCCESSFULLY DEFENDING FEDERAL CRIMINAL CHARGES

Criminal defense attorney in Sacramento Alin Cintean has successfully represented numerous federal defendants in California. Alin Cintean is dedicated to protecting your rights and achieving the best possible outcome in your case.

Federal crimes refer to crimes prosecuted under federal law. While the district attorney prosecutes state crimes, the United States attorney prosecutes federal crimes. State courts are responsible for adjudicating most state-related issues, including family law, real property issues, and traffic violations. Federal courts have jurisdiction over cases implicating federal laws and issues involving more than one state.

Most white-collar crimes, for example, are governed by federal securities law and therefore are adjudicated in federal court. Matters involving interstate and international commerce, like drug trafficking, racketeering, and wire fraud cross state lines and are therefore considered federal crimes.

Examples of other federal crimes include:

  • Bribery
  • Extortion
  • Embezzlement
  • Money laundering
  • Forgery and counterfeiting
  • Computer and cyber crimes
  • Insurance and healthcare fraud
  • Federal drug charges
  • Gun crimes

Continue reading “FEDERAL CRIMES DEFENSE”

VOLUNTARY AND INVOLUNTARY MANSLAUGHTER & MURDER

Sacramento Criminal Lawyer

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”

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”

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”

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”

ROBBERY PENALTIES & SENTENCING

Sacramento Criminal Lawyer

Sacramento Criminal Lawyer Defines Robbery, Penalties & Sentencing

Robbery is covered by Penal Code 211 which defines it as the taking of personal property from another person or “immediate presence” against that individual’s will using force or fear. Because it is a felony in the state of California, it is important you speak with a Sacramento criminal lawyer who can legally assist you if you’ve been charged of robbery. Continue reading “ROBBERY PENALTIES & SENTENCING”