Mar 7, 2024
There are various legal terms that can be confusing to those with limited experience of legal matters. Murder, for instance, is divided into three different categories: first-degree murder, second-degree murder, and third-degree murder. What are 1st 2nd and 3rd-degree murders, and what is the difference between 1st and 2nd-degree murders compared to 3rd-degree murder? This guide will help cover all of the different types of murder to help you understand.
Differences Between Murder Charges
In order to comprehend the difference between 1st 2nd and 3rd-degree murders, it’s vital to have a clear definition of each type. From a federal perspective, it’s important to note that, in general, murder is prosecuted in state courts as a state crime. It is not usually classed as a federal crime.
However, murder can become a federal crime if it violates federal law or occurs on federal land. An example of this would be the murder of a federal judge. Federal murder cases can be either first degree or second degree and may lead to punishments like life imprisonment or the death penalty.
First Degree Murder
California law defines murder as “unlawful killing of a human being, or a fetus, with malice aforethought“. First-degree murder is the most serious form of murder, and in California, any murders that are committed with intent and premeditation are classified as a first degree.
The Elements of First Degree Murder
In order to classify murders in different degrees, criminal law highlights various elements or aspects to take into consideration. A 1st-degree murder must have three key aspects:
- Intent: A 1st-degree murder must be committed with some sort of intent to kill the person. The murderer must therefore have attacked or harmed their victim with the purpose of ending their life or doing evil.
- Deliberation and Premeditation: Deliberation and premeditation are essential parts of quantifying a first-degree murder. This type of crime must be purposeful and planned out, rather than simply occurring in the heat of the moment.
- “Malice Aforethought”: “Malice aforethought” is a legal term that basically means that a person who committed the murder did so with an intent to kill and a general disregard for human life.
Enumerated First Degree Murders
In order to simplify the classification of murder charges, many states, including California, have enumerated first-degree murder offenses in order to simplify the conviction process. In California, examples of these charges include drive-by shootings and gang-related murders.
First Degree Murder Sentencing and Penalties
As stated earlier, first-degree murders often have some of the strongest punishments, and this can be a big difference between 1st and 2nd-degree murders. In California, the punishment for this crime is death or imprisonment in the state prison for life without the possibility of parole, provided certain factors are met.
There are certain factors that might allow a defendant to be charged with the harshest possible sentence in California. These are called “aggravating factors” and include things like:
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- The defendant has already committed one or multiple murders in the past
- The victim was a police officer, judge, witness, prosecutor, or juror
- The killing occurred in conjunction with another violent crime like rape
- The Death Penalty
The death penalty may be a possible punishment for those who have been convicted of first-degree murder, and this is the case in California.
- Life without the Possibility of Parole
People with a first-degree murder conviction may also face life in prison without any chance of parole.
In some situations, those with this type of conviction may face reduced sentences of around 25 years in prison, depending on the precise nature and surrounding factors of the crime.
Second Degree Murder
2nd-degree murder or second-degree manslaughter is still a very serious crime but is a step down in severity when compared to the 1st degree. In general terms, a 2nd-degree murder is one that doesn’t have any kind of premeditation and may only have been intended to cause harm, rather than death.
In California, the term second-degree murder is applied to all murders that do not qualify under the category of first-degree murder. The state defines second-degree murder as any type of unlawful killing that is done with malice aforethought but without premeditation.
- Intentional Killings Without Premeditation
One of the defining aspects of a second-degree manslaughter or murder charge is that there isn’t any sort of plan or premeditation on behalf of the killer. Even if they intend to kill someone at the moment of the crime, it may simply occur in the heat of the moment and isn’t something that they planned out in advance.
- Intent to Cause Only Serious Bodily Harm
This is another factor that might define second-degree murder. The defendant might not have actually intended to kill their victim. Instead, they may have only had the intent to cause serious bodily harm.
- Extreme Indifference to Human Life
Another type of second-degree murder is when a victim dies because the defendant showed an extreme level of indifference for their life.
Felony murder is when someone is killed during the course of a felony, like a robbery. This can be classed as both first-degree and second-degree murder in California.
Second Degree Murder Penalties and Sentencing
The sentencing for second-degree murders can vary from 15 years to life in prison in California.
- Aggravating and Mitigating Factors for Second Degree Murder
A range of aggravating and mitigating factors can come into play during sentencing. Aggravating factors like cruel or brutal acts and previous convictions could increase the severity of the sentence. Mitigating factors like mental illness or a troubled childhood can reduce the severity of the sentence.
- Second Degree Murder Sentencing Procedure
The procedure for sentencing in this kind of crime will depend on the location, the nature of the crime, and other factors. Usually, a court hearing will be held to find out more about the case and weigh up the factors, before sentencing is issued.
Third-Degree Murder
There is no such thing as third-degree murder under California law. California only recognizes three types of murder charges: first degree, second degree, and capital murder. The idea of a third-degree murder charge only exists in three states: Florida, Pennsylvania, and Minnesota.
What Is the Difference Between Third-Degree Murder and Manslaughter?
On the face of it, 3rd-degree murder and manslaughter are very similar, but the states in which a third-degree murder charge can apply differentiate between them in different ways.
For example, in Minnesota, someone must act with disregard for human life and a depraved mind to be charged with 3rd-degree murder, but will only face manslaughter charges if they were aware of the risks to another life but went ahead with their actions anyway, such as vehicular manslaughter or driving under the influence – causing death to another person.
Penalties for Third Degree Murder
The penalties for this crime vary based on location. In Florida, the penalty can be up to 15 years imprisonment and fines of up to $10,000. In Minnesota, defendants can be sentenced to 25 years behind bars and $40,000 fines. In Pennsylvania, the maximum sentence is 40 years in prison, and the penalties for this crime are similar to penalties for attempted murder or voluntary manslaughter.
What Is the Difference Between First, Second, and Third-Degree Murder?
This guide has shown what is 1st 2nd and 3rd degree murders, and after understanding the unique aspects of each one, it’s much simpler to find the differences between them. The main differences are the severity of the crime itself and the severity of the punishment received.
First-degree murders are the most serious and punished accordingly, involving premeditated murder and intentional murder. Second-degree murders are the next step down but still involve intent to harm or to kill. Third-degree murders are the lowest level of criminal homicide but can still result in serious sentences.
A Los Angeles murder defense lawyer can help you learn more about the different types of unlawful killing charges, while a resentencing lawyer can help those who have already been convicted to appeal for a lesser sentence. It’s vital to get proper legal aid when dealing with these sorts of charges.
Jan 15, 2024
Three out of ten Americans use online dating platforms. Approximately 54% of American online daters believe relationships that come from online dating are just as successful as those that begin in person.
These statistics show that dating apps have become an integral part of modern romance, connecting individuals with shared interests and values. However, the increased reliance on these platforms has brought to light a concerning trend—dating apps can sometimes lead to legal complications, with rape charges being one of the most severe consequences.
Not everyone you meet online is what they claim to be. In fact, over 53% of Americans fabricate some or all of their profile. Online daters may lie about their age, background, and credentials for their selfish gains.
Contact us at Manshoory Law Group if you are facing criminal charges related to online dating. We will help you build a solid defense strategy. Call us at (877) 958-9414 for a free consultation.
The Dangers of Dating App Meet-Ups
You may have probably thought about online dating, especially if you are too busy to go out there and meet new people. With online dating, you can meet your new partner at the click of a button. In most cases, you will access numerous profiles and match with those with whom you share common interests. Then, you can start a conversation and arrange for a meet-up. This is how easy it is to find a partner.
However, how can you verify the identity of the person you speak to? Individuals using online dating apps may provide inaccurate information. They may also share outdated or fabricated images. This way, establishing the true identity of the person you are speaking with becomes challenging, even if the platform claims to enforce stringent verification measures.
The initial interaction typically involves virtual conversations, allowing individuals to acquaint themselves in the digital realm. However, complications may arise during the first in-person meeting and subsequent interactions, particularly if the relationship progresses to more intimate levels.
Nowadays, some dating apps may tempt users with the prospect of same-day “hookups,” often requiring minimal online interaction beyond a shared interest in sexual gratification. Despite frequent shutdowns by law enforcement, these platforms persistently reappear in various forms.
Some first meet-ups may go well, especially if you have been truthful with each other from the start. However, what happens if you discover your partner has been deceitful?
Potential Accusations You Can Face
Age is of significant importance in the context of sexual encounters stemming from online dating apps. Merely relying on the information stated in someone’s dating profile, where they claim to be 18 years of age or older, does not absolve you of legal liability for potential statutory rape. This is if the actual age turns out to be below 18.
California Penal Code section 261.5 states that it is unlawful to have sexual intercourse with a minor. Note that you cannot defend yourself in a statutory rape case by claiming that the minor consented to the sexual activity. This is because minors are deemed legally incapable of providing consent.
Even though online dating apps only allow adults, minors have found a way to infiltrate these platforms. In most cases, they join with fake credentials. You could assume you have planned a meet-up with an adult, yet they is a minor.
Therefore, when meeting in person, it becomes imperative to request proof of age if they assert to be 18 or older.
However, what if you reasonably and genuinely believed your partner was over 18? In that case, you can use the defense of “Good Faith Belief” as set out in California Criminal Jury Instruction 1071.
Practically, determining the exact age of individuals aged 15 to 25 is often challenging. Appearances alone may not be conclusive.
While the “Good Faith Belief” defense may be valid, you must convince the jury that your belief in your partner’s age would be reasonable for any adult. Here – you cannot just rely on appearance; you must provide other justifications that made you believe your partner was over 18.
Additionally, you may be charged with the more severe criminal offense of rape. The criminal offense of rape is defined as engaging in intercourse without the consent of your partner, regardless of their age.
If the sexual act occurs after a night of dining and drinking, your partner may be too intoxicated to provide informed consent. California law requires affirmative consent, and an individual incapacitated by alcohol or drugs cannot legally provide such consent.
You can also be charged with the criminal offense of sexual assault. Sexual assault encompasses acts such as touching the intimate parts of another person without their consent for arousal, sexual gratification, or abuse. Even actions perceived as innocent foreplay may lead to legal consequences.
Recognizing and respecting personal boundaries is essential in the digital space. If you do not do so, you can face criminal charges under California Penal Code 646.9 and 653m. California Penal Code 646.9 criminalizes stalking. Stalking is legally defined as the act of sending messages to threaten or harass another person. California Penal Code 653 states that it is unlawful to send an obscene, repeated, or threatening message with the intent to annoy the recipient.
When using a dating app, do not repeatedly send unsolicited messages. Respect the privacy settings of individuals and do not pressure the potential partners you interact with into activities they are uncomfortable doing.
Potential Penalties You Can Face Upon Conviction
The punishments for statutory rape are contingent on the age difference between the parties involved. An individual who is no more than three years older than the victim may face a misdemeanor charge, leading to a potential fine of up to $1,000 and a maximum prison sentence of one year.
However, should the offender exceed a three-year age difference and be older than 21 while the victim is 16 or younger, the offense escalates to a felony. In such cases, the penalties include a fine of up to $10,000 and a prison term ranging from 16 months to four years.
Rape is classified as a felony. It carries the potential for a three-, six-, or eight-year prison sentence. This sentence can be increased to 13 years if the victim is under 14. You may also get an 11-year sentence if the victim is 14–17. Additionally, individuals convicted of rape are obligated to register as sexual offenders for life.
The criminal offense of stalking, under California Penal Code 646.9, can be charged as either a felony or a misdemeanor. As a misdemeanor, it attracts a jail term of a maximum of one year. As a felony, it is punishable by a state prison sentence of up to five years. A criminal charge under California Penal Code 653m may result in a county jail sentence of up to six months.
Need a California Criminal Defense Lawyer? Contact Us Right Away for Professional Legal Help!
Issues can arise in interpersonal connections across various contexts. However, online dating platforms, in particular, can serve as a fertile ground for deception and ensuing complications. It is essential to tread carefully because, without realizing it, you might end up causing serious legal issues for yourself if you rush into things too quickly.
At Manshoory Law Group, we have extensive experience assisting thousands of people in California with relationship-related legal matters. Our approach is to strongly advocate for you, working closely to figure out the best strategies for a positive outcome.
When it comes to legal support, choosing an experienced criminal defense attorney over a public defender can make a significant difference. You want someone who understands the complexities of the law and is dedicated to protecting your rights.
Call us at (877) 958-9414 for a free consultation if you are facing relationship-related legal issues. We will discuss how we can navigate these challenges together. Your peace of mind matters, and we are here to help.
Dec 15, 2023
The results of a DUI test hold the power to sway the scales, determining whether you may be acquitted or convicted. Contemplating the possibility of not taking the test may lead you to consider the option of refusing it altogether. But can you refuse a DUI test?
Yet, this decision is not without its legal implications. In this article, we will highlight the legal repercussions that may accompany such a choice.
However, if you find yourself grappling with the aftermath of having already refused a California DUI test and are now facing charges, fear not—we at Manshoory Law Group are here to guide you through. We can help you build a solid defense strategy. Call us at (877) 977-7750 for a free consultation.
The Implied Consent Law
So, how to refuse a DUI test? When driving in California, it is automatically assumed that you have given your consent to undergo DUI testing in the event of a lawful DUI arrest. This legal provision is commonly referred to as California’s “implied consent” law.
This means that you cannot refuse a DUI test post-arrest without facing legal repercussions. However, you can comfortably refuse a pre-arrest DUI test.
Let us have a closer look at these two scenarios:
Pre-arrest DUI Tests
Once you have been pulled over but not yet arrested, the police may ask you to take a breath test. In some cases, they may also ask you to participate in a field sobriety test.
There are no legal consequences for refusing these tests unless you are under 21 or on probation for a previous DUI conviction.
The evidence from these tests can be used in a criminal trial against you. Unfortunately, the police will rarely tell you that you have an option to refuse a pre-arrest DUI test. We do not recommend agreeing to a pre-arrest DUI test unless you are under 21 or on DUI probation.
Post-arrest DUI Tests
Once you have been arrested, refusing a DUI test carries unavoidable consequences. This holds true even if you have already undergone a pre-arrest DUI test.
Note that you do not have a legal right to refuse a post-arrest DUI test based on the belief of wrongful arrest. However, suppose the judge determines the unlawfulness of your arrest or traffic stop. In that case, they will dismiss the charge — even if the test initially indicates intoxication.
Can I Select My Preferred DUI Test After Arrest?
Generally, you will be told to choose between a blood or breath test. However, in some cases, the police will not give you a choice – they will solely decide for you which test you should take.
Here are examples of some of these scenarios:
- The police officer suspects that you are under the influence of drugs. In such cases, you will only be allowed to take a blood test.
- Your preferred DUI test is unavailable. In such cases, you will take the available test.
- The police officer considers your breath test to be unreliable. In such cases, you may have to take a urine or blood test.
Can I Refuse Taking a Different DUI Test Than the One I Requested?
Any deviation from the officer’s instructions, regardless of the circumstances, will be deemed a refusal to undergo a chemical test.
It is crucial to bear in mind that, according to California’s implied consent law, you have implicitly agreed to submit to DUI testing. If the police officer fails to provide you with a choice, you retain the right to request an alternative test. Moreover, if proper procedures were not adhered to during the testing process, you can contest the results during the trial.
However, once you are specifically directed to undergo a particular DUI chemical test, there are very limited legal grounds on which you can refuse to comply.
What If I Have a Medical Condition?
Certain medical conditions may either excuse you or pose a hindrance to undergoing a specific DUI test. However, these conditions do not exempt you from the overall requirement of a DUI test.
Suppose you have a blood clotting or heart disorder and are under treatment with anticoagulants. In that case, you are allowed to refuse a blood test.
Furthermore, specific conditions may lead to inaccuracies in BAC limit readings from a breath test. Some examples of these conditions include the following:
- Chronic heartburn, acid reflux, or GERD can potentially yield falsely elevated breath test results.
- A high-protein/low-carbohydrate diet may inadvertently deceive breath test devices.
Should the officer inquire about your medical condition or dietary habits, providing truthful responses is crucial. Failure to do so may be interpreted as a willful refusal to take a DUI test.
What If I am Severely Injured or Unconscious?
Being injured or unconscious does not legally excuse you from undergoing a DUI test.
However, if an injury, particularly head trauma, renders you incapable of providing meaningful consent, you can refuse to take a DUI test. It is crucial to note that if your inability to give consent stems from the influence of drugs or alcohol, including prescription medications, your refusal to undergo a DUI test is not considered excusable.
What If I am Unable to Complete a DUI Test?
Suppose circumstances beyond your control prevent you from completing a test. In that case, you must be allowed to undergo a different test.
Some of these circumstances may include the following:
- Inability to generate a sufficient volume of air for a breath test
- Difficulty producing sufficient urine for a urine test
However, note that a deliberate failure to complete a California DUI chemical test will be treated as a refusal. In the event your case proceeds to trial, the judge may instruct the jury that they have the option (though not an obligation) to infer that your refusal stemmed from your awareness of guilt regarding the DUI charge.
Other Situations That Can Qualify as a Refusal to Take a DUI Test
While the idea of “refusing” a DUI test may appear straightforward, it is a nuanced concept with various situations that could unwittingly be perceived as refusals. Beyond the scenarios mentioned earlier, here are additional considerations:
- You are granted only one opportunity to accept a test. Suppose you decline a DUI chemical test initially. In that case, you do not possess the right to change your decision, and the officer is not obligated to provide a second opportunity.
- Failure to select a DUI test is treated as a refusal. Despite the familiar “right to remain silent” upon arrest, this right pertains solely to self-incrimination, not the choice of a chemical test post-arrest. If offered a selection and you remain silent, it may be construed as a refusal.
- You do not have the right to speak to a lawyer before a DUI test. While you typically have the right to speak to an attorney after an arrest, this right does not extend to DUI tests after an arrest.
- Your own doctor cannot be present during the test. You do not have the legal right to have your personal doctor oversee or participate in the DUI chemical test. Instead, the test will be conducted by a law enforcement officer or an external laboratory.
Consequences of Refusing a DUI Test
Refusing to undergo a post-arrest DUI blood or breath test in California can result in enhanced penalties after conviction.
The escalated penalties for refusing a DUI chemical test include the following:
- For a first-time DUI, an extra 48 hours in jail and a mandatory nine-month enrollment in a DUI school, replacing the standard three-month DUI program applicable to first-time DUIs without refusals.
- In the case of a second time DUI, an added 96 hours of confinement in county jail.
- For a third time DUI, an extended sentence of 10 additional days in jail.
- In instances of a fourth or multiple DUI offense, an increased penalty of 18 extra days in jail.
Can Refusing a DUI Test Help Me in My Criminal Case?
While refusing a DUI test may heighten potential penalties, surprisingly, it could yield positive outcomes for your criminal case.
Devoid of supporting DUI test results, the DA may question the credibility of the police officer or doubt their ability to persuasively convince a jury of your guilt.
In such scenarios, there is a chance your charges might be outright dismissed or downgraded to a “wet reckless,” a less severe charge. This plea bargain involves admitting to driving with some measurable alcohol in your blood. Another potential plea bargain is a “dry reckless,” where you admit only to reckless driving without any mention of alcohol.
Need a DUI Defense Attorney? Contact Us Right Away!
Although refusing a DUI test can lead to enhanced penalties, it is essential to recognize that strategic defense options exist. At Manshoory Law Group, our team of experienced DUI defense attorneys is dedicated to navigating the intricate legal terrain on your behalf.
Whether challenging the credibility of arresting officers or exploring potential dismissals and plea bargains, we are here to formulate a robust defense strategy tailored to your unique circumstances. Call us at (877) 977-7750 for a free consultation.
Nov 15, 2023
In California, the Three Strikes Law has been a subject of debate, controversy, and concern for over two decades. Designed with the intent to deter repeat offenders and keep dangerous criminals behind bars, this law has far-reaching implications for individuals facing criminal charges in the state.
If you or a loved one is facing a potential three-strikes scenario, do not hesitate to contact us at Manshoory Law Group for personalized legal assistance and strategic defense strategies. Call us at (877) 590-7054.
What is the California Three Strikes Law?
The California Three Strikes Law is a sentencing policy enacted in 1994 with the aim of imposing harsher penalties on individuals convicted of multiple serious or violent felonies. You may receive a strike on your record if you get convicted of a violent or serious felony.
Suppose you get convicted of any felony, and you already have one strike on your record. In that case, you will get double the sentence for the new offense.
A defendant with two prior strikes who is convicted of a third violent or serious felony faces a mandatory sentence of 25 years to life in prison. The third strike triggers the most severe consequences, often referred to as a “third strike and you’re out” law.
Note that not all felonies qualify as strikes under the law. The list of qualifying offenses includes a range of serious and violent crimes, such as the following:
- Voluntary manslaughter or murder
- Rape
- Extortion
- Oral copulation or sodomy by force
- Carjacking
- Arson
- Kidnapping
- Robbery
- First-degree burglary
- Sale of PCP, methamphetamine, heroin, or cocaine to a child
- Grand theft involving a firearm
Generally, any offense involving a firearm can qualify as a strike. Moreover, certain juvenile offenses can be counted as strikes, provided the minor was 16 years or older when they committed the offense.
Additionally, out-of-state convictions for serious or violent felonies can count as strikes in California courts. You can also get two or more strikes at once in a single court proceeding, depending on the facts and circumstances of your case.
Can a Court Remove Prior Strikes?
Luckily, a court can remove a prior strike in the interests of justice. This can happen in two ways:
- At the prosecutor’s sole discretion — In some cases, the prosecutor may choose to “strike” a strike. This is especially true if they believe that the defendant should not be treated as a striker or if the strike is too difficult for them to prove.
- The defense filing a motion to dismiss the strike — In some cases, the defense may file a motion to remove a strike. This is commonly referred to as a “Romero” motion. Named after the legal case People v. Romero, a Romero motion allows a judge to dismiss one or more prior strikes in the interest of justice. Here, the defense’s central argument will be that enforcing the three strikes law in its entirety would result in an unjust and overly harsh sentence.
Removing a strike is not guaranteed, and each case is considered on its own merits. Factors such as the nature of prior convictions, the current offense, and the defendant’s overall criminal history are considered.
The Eligibility of Second and Third Strikes Defendants for Parole
Some two and three strikers may be eligible for parole, thanks to California’s Proposition 57. Proposition 57 states that any individual convicted of a non-violent felony qualifies for parole, provided they have completed their primary sentence.
Here, the primary sentence means the sentence imposed for the particular offense the defendant committed. It does not include the sentencing enhancements imposed due to strikes. This means that as long as a second or third striker was convicted of a non-violent felony and has completed their primary sentence, they can apply for parole.
What is the California One Strike Law?
The California One Strike Law extends the prison sentences for individuals convicted of certain sex offenses. This law is commonly referred to as “the one-strike law” because it imposes an extended sentence from the first conviction.
Some examples of sex offenses that can be counted as strikes under this law include the following:
- Rape
- Lascivious or lewd acts
- Oral copulation
- Sodomy
- Continuous sexual abuse of a minor
Note that the strike is not automatically imposed for convictions of these offenses. You can only get a strike if there are certain aggravating factors in your case, such as the following:
- You have been previously convicted of any of these sexual offenses
- You gave the victim a controlled substance before committing the offense
- You injured the victim
- You kidnapped the victim
- You bound or tied the victim
- You used a dangerous weapon to commit the offense
A one-strike can result in an extended sentence of 15-25 years. In some cases, the judge may impose a life sentence.
How to Defend Yourself in a Three-Strikes Case
Defending yourself in a three-strikes case can be complex and challenging, given the severe consequences associated with multiple convictions. If you or someone you know is facing a three-strikes lawsuit in California, here are some general strategies that may be considered:
- Challenging prior strikes — Investigate the validity of previous strikes. If there are errors in the record or the prior convictions can be successfully challenged or overturned, it may impact the application of the three strikes law.
- Negotiating a plea deal — Depending on the circumstances of the case, it may be possible to negotiate a plea deal with the prosecution. This could involve seeking reduced charges or alternative sentencing options.
- Challenging the current charges — Scrutinize the details of the current charges. A skilled attorney may be able to challenge the evidence against you, question the legality of searches or arrests, or identify other weaknesses in the prosecution’s case.
- Romero motion — Consider filing a Romero motion. As we have earlier stated, this motion requests the court to dismiss one or more prior strikes in the interests of justice. The success of a Romero motion depends on various factors, including the nature of the prior convictions and the current offense.
Defending against three strikes charges requires a comprehensive understanding of criminal law and the specific circumstances surrounding your case. Consultation with an experienced criminal defense attorney is highly recommended to develop a defense strategy tailored to your situation.
How Do I Appeal a Three-Strike Sentence?
You can appeal a three-strike sentence with the help of an experienced criminal defense attorney.
Proposition 36, also known as the Three Strikes Reform Act of 2012, brought significant changes to California’s Three Strikes Law. Initially, you could be made a third striker even if the third conviction was for a non-violent or non-serious felony. Californians could be jailed for 25 years or even for life after a simple theft or drug crime conviction.
One of the key provisions of Proposition 36 is the opportunity for resentencing for certain three-strikes convicts, specifically those whose third-strike convictions were for non-violent and non-serious offenses.
This means that if you meet the eligibility criteria, you can file a petition for resentencing. Then, the court will review the petition and assess whether resentencing is appropriate.
If the court grants the petition, the inmate will be resentenced. The new sentence will typically reflect the second-strike penalty for the current offense rather than the 25-year or life sentence mandated by the California Three Strikes Law. In most cases, such appeals result in the inmate being released early – or immediately.
You can also appeal a three-strike sentence on the basis that it is unusual or cruel punishment and, therefore, unconstitutional. This is especially true if the 25-year to life sentence imposed is disproportionate to the actual crime committed.
Need a Criminal Defense Attorney? Contact Us Right Away for Professional Legal Help
Navigating a three-strikes case demands a nuanced understanding of both the legal framework and the specific details of individual cases. If you or a loved one is grappling with the complexities of a three-strikes conviction or exploring the possibilities of Proposition 36 resentencing, our experienced team is here to offer guidance and support.
Do not face the challenges of a three-strikes case alone. Contact us at Manshoory Law Group for a free, confidential consultation. Together, we will discuss the details of your situation and explore the potential avenues for relief available to you. Call us at (877) 590-7054.
Nov 6, 2023
Black Friday should be a day for enjoying some shopping and getting cheap deals, but Black Friday crime is actually very common, and it can have a negative impact on the event. In some cases, you might even experience Black Friday violence as the excitement of the day bubbles over and becomes an issue. Disagreements can easily turn into crazy Black Friday fights and this means that people need to take some precautions and avoid things turning into a nightmare.
If you have been the victim of Black Friday violence then you might get hurt, and that might mean a legal proceeding to follow. Even if you find the best criminal lawyers in Los Angeles, the process is something you would probably rather avoid.
Common Types of Black Friday Crimes
There are some incredible statistics about Black Friday crimes, including how many people died on Black Friday as things get out of hand in some places. What sort of crimes do we commonly see?
Negligence
When you go to the store, it is their responsibility to give you a safe space to shop within. Black Friday crime comes in a lot of different forms and one of them is negligence on the part of stores. If they have not stacked things properly and something falls on you, or if they have left a slippery or hazardous surface and you fall there is every chance that you might have a legal case against them.
Black Friday Violence
You might have seen some crazy Black Friday fights on social media as people reach for the last of the discounted items or jump the line for a store. If people are aggressive, loud, and angry then there could be a cause for disturbing the peace, but if things get physical then you will need a violent crimes lawyer to fight your case. There is no reason why you should get hurt when Black Friday shopping.
This is a common cause of Black Friday arrests, so be sure to be careful when you go to the store.
Traffic and Driving Violations
If there is a parking lot on Black Friday, things can get crazy, and accidents are not uncommon as people scramble to get to the store or ride home with their goods.
What Should You Do When Witnessing a Crime?
If you are not involved, but you witness a crime on Black Friday, there are a few things you can do to try and help:
- Call the police or get security. Don’t try and get involved yourself, this will not end well, and there is no reason for you to be involved. Instead, get a professional to come and deal with the confrontation. It’s especially urgent if medical attention is needed.
- Don’t panic. This is hard advice to follow for some people, but it is utterly essential. Keep your cool and try not to make matters worse by panicking, as you are more likely to make bad decisions if you are not in the right frame of mind.
- Try to remember faces and keep a clear account of what happened. You might be asked to provide a statement so having a recollection of what happened is pretty essential.
- Keep yourself safe. If someone has been hurt, don’t risk the same happening to you. If there is a big confrontation then there is no reason why you need to be involved and if you are with your family, ensure that you get them out of the way of any potential harm.
How Many People Died on Black Friday
It is a shocking statistic. There are 12 recorded deaths from Black Friday crimes and related incidents in the US since the shopping event became mainstream, and there are also over 100 injuries recorded. If you are injured, a lawyer is essential to ensure that you get what you are entitled to and that you don’t have to pay for your own treatments unfairly.
For most of us, it is hard to imagine Black Friday causing people to get violent enough to actually put someone at any sort of harm, but it happens. People can get enraged, and it doesn’t take too much for a “mob mentality” to kick in.
