Jun 2, 2021
How the Crime Rate in California Compares to the Other States
Crimes are committed every day across the country and in the state of California. In terms of size, California is the third-largest state in the country and when it comes to population, California has the most residents of any other state.
When compared to the rest of the nation:
- The state’s murder rate is just below the national average.
- The state’s rape rate is lower than the national average.
- The state’s robbery rate is significantly higher than the national average.
- The state’s assault rate is higher than the national average.
- The state’s burglary rate is much higher than the national average.
- The state’s theft rate is a bit lower than the national average.
- The state’s car theft rate is much higher than the national average.
If you were arrested in California, you need effective and dedicated legal representation to overcome your charges and secure the best possible outcome. The Manshoory Law Group is a Los Angeles criminal defense law firm that has your best interests in mind and is dedicated to finding ways to reduce your charges or have your case thrown out.
Most Common Crimes in California
Each day, people are arrested and accused of committing crimes in California. The majority of crimes that are committed most often tend to be misdemeanors. The following crimes happen with higher frequency in the state:
Even though it is legal to have and use marijuana, there are limits on how much a person can have in their possession. There are also age limits as to how old a person must be to use marijuana. If you violate these guidelines you will be arrested.
Violence purposely committed on individuals that live together or have some type of intimate relationship with each other such as spouses or family members is considered domestic battery and is illegal.
- Driving while intoxicated on drugs, alcohol, or both are not only incredibly dangerous but it is unlawful.
- Stealing merchandise from a store or other business that is valued under $950 will result in shoplifting charges.
- Using someone else’s credit card fraudulently and deceptively is credit card fraud.
First-time offenders will tend to get the lower of the punishment assessed with the crimes committed. Subsequent crimes that are done by the same person will have much harsher consequences. Penalties can include increasingly expensive fines, time in jail, probation, suspension of driver’s license, community service, and mandatory drug counseling.
Very serious crimes like murder were punishable by death. However, in 2019, Governor Gavin Newsom put a moratorium on the death penalty by way of the executive order. Governor Newsom’s executive actions gave people on death row a reprieve and requested getting rid of lethal injection and shutting down the San Quentin State Prison’s execution chamber.
Speak with a Los Angeles Attorney Today
The Manshoory Law group could advocate on your behalf if you were arrested for a minor crime or a very serious offense in the greater Los Angeles region. The Los Angeles criminal defense attorneys at the Manshoory Law Group understand what it takes to build a strong defense plan and have the resources and relationships in place to support it.
You can schedule a meeting with one of the talented California criminal defense attorneys at the Manshoory Law Group to discuss your case free of charge by calling (877) 977-7750.
May 28, 2021
Responsible people who want more freedom with their second amendment rights will likely want to live in a state that has fewer restrictions on gun ownership and usage. By contrast, individuals who are opposed to gun ownership may like to live in a state that has very strict gun control laws.
When it comes to the state of California, the gun laws are firm and quite stringent. As such, the Giffords Law Center ranks the state number one with respect to strong gun laws when compared to all other states in the nation and also grades it with an A. By contrast, Mississippi is ranked number 50 in the nation for gun law strength, and the law center gives Mississippi an F.
Under the Second Amendment to the United States Constitution, you have the right to carry a gun in California. However, it is important to understand the state’s tough laws so that you use your gun lawfully and do not get caught up in the criminal justice system.
The laws are constantly changing and staying up-to-date on how to continue to be a responsible gun owner is necessary. Otherwise, you could unwittingly violate new or adjusted legislation and be put under arrest. If you have been arrested for California gun law violations or any other alleged crimes it is best to speak with a Los Angeles gun defense attorney immediately.
Which States Have the Most Lenient Gun Laws?
Gun sales can ebb and flow depending on what is happening in the country and around the world. For example, the pandemic caused a surge in the number of guns that both Americans and our neighbors to the north, the Canadians were buying.
As of 2020, veteran gun owners and new gun owners have been best welcomed with their firearms in the following states:
- Arizona
- Idaho
- Alaska
- Kansas
- Oklahoma
Gun Owners are going to have a lower risk for issues with the law in these states because the gun laws tend to be more lenient, there are fewer bans, and there is greater flexibility.
While individuals that have guns in the following states will have more barriers and hurdles to legal gun ownership:
- California
- New Jersey
- Massachusetts
- Hawaii
- New York
If you make a mistake with your firearm in California, you could be arrested. The stakes are very high should that happen because the repercussions and penalties can be dire and negatively impact your life in the long term. Even the most innocent error could be a breach of California’s gun control laws.
So your best protection from these negative consequences is to get to know the law. Should you have an issue, then it is imperative that you work with a knowledgeable and proficient Los Angeles criminal defense attorney.
Who Cannot Possess a Firearm in California?
California law prohibits certain people from possessing guns and ammunition. Examples of when an individual would fall under this prohibition include:
- anyone convicted of a felony
- a person with two or more convictions for brandishing a weapon
- persons convicted of certain misdemeanors
- minors.
The bill currently before the governor would add misdemeanor convictions for hate crimes to this list. The ban on owning guns for designated misdemeanors is for 10 years following the conviction, and violations are classified as a crime subject to up to one year in State prison or county jail and/or a fine of up to $1,000.
The other bill under consideration would ban openly carrying unloaded firearms (rifles and shotguns), other than handguns, which is a separate offense, in a public place or street within unincorporated areas of a county. A conviction for violating this provision could mean up to a year in jail and/or a fine of up to $1,000.
A conviction for either proposed offense would have long-term consequences, such as job and housing prospects. To avoid this harsh result, the services of an experienced criminal defense attorney should be secured to strongly fight any charge.
Where Are Firearms Currently Prohibited in California?
Present law prohibits carrying unloaded handguns in public places or streets within an incorporated city or county, and in public places where firearms are prohibited generally, including:
- school grounds
- government buildings
- airports
- public transit facilities
Further, carrying a loaded firearm anywhere is a crime, even if the gun is inoperable, but the defendant must know the gun was loaded in order to be convicted. Further, the open carry of weapons is generally prohibited except in unincorporated areas where open carry is not illegal, and this exception is what the proposed bill mentioned above is trying to eliminate.
The gun laws in California are highly complex and frequently change, making it easy to unknowingly violate the law. A criminal defense attorney is trained in defending gun charges, and, depending on the circumstances, can succeed in having charges reduced or dismissed.
Speak with a Los Angeles Criminal Defense Attorney Today
The Manshoory Law Group only works on criminal defense cases including preserving and securing the rights and freedoms of individuals accused of gun crimes in California.
When you work with the Los Angeles criminal defense attorneys at the Manshoory Law Group you will be in good hands and have the best chance to overcome your charges and obtain the most desirable outcome.
To schedule a free case evaluation with the Manshoory Law Group, please call (877) 977-7750.
May 12, 2021
What is House Arrest?
You wouldn’t be alone if you were convicted of a crime in California and you preferred to serve your time in your home rather than in jail. Many individuals are unaware of their rights and options after a conviction.
Some crimes, not all, that involve jail time may have the potential for alternative sentencing like home detention. Working with the right legal team who knows how to effectively argue on your behalf for house arrest will increase your chances of obtaining this favored outcome.
It is critically important that you work with the most astute and experienced Los Angeles, criminal defense attorney, after your conviction because judges tend not to readily offer up opportunities for alternative sentencing. It is the responsibility of your attorney to know when an alternative sentence applies so that they can request it for you.
Further, even when a lawyer seeks alternative sentencing it is often denied. It takes a proficient and convincing attorney to coax a judge and prosecutor into believing that you merit the right to serve your time in your own home.
The capable and savvy Los Angeles criminal defense attorneys at the Manshoory Law know how to secure the best possible results for individuals convicted of crimes in California.
Who Qualifies for House Arrest
House arrest may be issued to individuals under the following conditions:
- The individual is non-violent.
- The individual is not a threat to the public and is low-risk.
- The individual has not been forbidden from the opportunity to be given home detention.
- The individual’s residence during their home detention sentence is local to the county that they were sentenced.
- The individual has a land-line telephone in the home that they are serving their time.
- The individual may have to pay for the total cost or a portion of the cost associated with their home detention.
What are the House Arrest Rules in California?
When house arrest in California is issued, there are several rules that you will have to follow. It is incredibly important that you abide by all of the guidelines for your home arrest. Should you violate any of these rules, you will lose your ability to serve your time at home and will be sent to jail for the remainder of your sentence.
To better understand what rules are associated with home detention in California, consider the following:
- You must stay inside your home at all times. Spending time relaxing outside in your backyard, for example, could be considered a violation.
- You will be monitored 24/7 through a GPS tracker or an electric ankle bracelet. If you fiddle with these devices or there are any irregularities identified, you can be in jeopardy of losing your home arrest privileges.
- If the judge believes you have an alcohol or drug problem, you may have to also wear an alcohol-monitoring bracelet or a drug patch.
- If you were permitted the ability to leave your home to go to specific approved locations, you can only go to these places. You will also be limited in the time you are allowed to be away from your home when you leave.
How to Request House Arrest
The talented legal team at the Manshoory Law Group will find every way possible to effectively defend you. The Manshoory Law Group will always search for and fight for the best possible results. Call the Los Angeles attorneys at the Manshoory Law Group to schedule your free consultation at (877) 977-7750.
May 7, 2021
What is a False Police Report?
Every American is afforded specific rights under the United States constitution. These rights are not limited or taken away from individuals that get caught up with the law. If you were arrested in California for an alleged crime, the officer who detained you will file a Los Angeles police report about the incident. Potentially, what the officer includes in the report is inaccurate. If this is true, then you are a victim of a false police report in California and you can take action against the official because of your constitutional protections.
Individuals who are arrested for presumed crimes must be treated properly and fairly under the law. There is a legal process that has to take place and when guidelines are breached, the defendant can fight back and obtain justice. The criminal justice system in California can be difficult to navigate alone.
However, with the help of a Los Angeles criminal defense attorney you can improve the chances that you see your full legal justice if you have been wronged by the system. The Manshoory Law Group is a time-proven California criminal defense firm that is laser-focused on fighting for the best outcomes for aggrieved individuals charged with crimes.
What are the Penalties for Filing a False Police Report?
A false police report happens when the details of an alleged crime are incorrect. An illustration of how this works is an officer arrests an individual for a suspected drug crime and then puts in their report that the person was in possession of drugs. In reality, though, the individual did not have any drugs.
Officers that are proven to write false reports will face consequences. This is why it is incredibly important that you have effective and experienced legal counsel working on your case if you think that there was a false report against you.
When a false report happens, a proficient Los Angeles criminal defense lawyer will know how to investigate your case and move forward with filing a motion due to Penal Code 118.1. PC 118.1 in California protects you from rogue law enforcement officials trying to unjustifiably get you into trouble with the law.
Officers can face either misdemeanor or felony charges for writing a false report in California. When an officer is charged and convicted of a misdemeanor they could face as long as one year in jail or they may be put on probation. In felony situations, the time served in jail increases to a maximum of three years or probation may result.
Consequences Of False Reporting And Possible Defenses in California
Not every officer lacks integrity and is untrustworthy, but just like any profession, there are those that may abuse their power. It is important for the public to trust law enforcement, which is why the bar is so high for these professionals to behave accordingly, fairly, and lawfully. It takes only one officer to engage in unethical and prohibited behavior to make communities distrustful of the police.
If you are being accused of a crime that you did not commit, you may be able to use PC 118.1 as a defense if you have skilled criminal legal counsel in Los Angeles. Call the Manshoory Law Group today at (877) 977-7750 to discuss your case and learn about what you can do to preserve your rights and freedoms during a free consultation.
Apr 28, 2021
How to Protest Legally?
The United States has been dealing with civil unrest from various events as far back as the 18th century. Recently, the country has been reeling from ongoing protests and riots resulting in more than 10,000 arrests. If you plan on attending one of these events, the state of California has specific laws about how to protest legally and how to interact with law enforcement. Knowing your rights beforehand and understanding the law can keep you from an arrest that can lead to jail and expensive fines.
The implications of an arrest in California and a potential conviction can have far-reaching deleterious effects on a defendant’s life. If you were arrested, don’t consider it a small matter. It is critically important that you understand what the penalties you face are and how to move forward in the most effective and favorable way possible.
The Los Angeles criminal defense attorneys at the Manshoory Law Group exclusively practice criminal defense law and can prepare and present a customized defense for you based on the details of your case.
What Happens If You are Arrested for Battery on a California Peace Officer?
Under Penal Code 243b and PC 243c, you will be arrested for battery on a California police officer if you actively and aggressively touch a protected official in a harmful way or in another abusive manner. This intentional act is unlawful and will get you into legal trouble if you have been found doing it.
These laws though are only applied to specific officials while they are acting in their professional capacity. In other terms a police officer, for instance, when off-duty cannot assert privileges associated with battery laws if an incident arises with another civilian.
Protected officials in California are:
- Police officers
- Custodial officers
- Firefighters
- Emergency medical technicians
To clarify what acts would be considered battery on a police officer in California, these are some examples:
- Being uncooperative during an arrest and slapping, scratching, or trying to stomp on the official’s feet.
- Propelling rocks, frozen water bottles, and other dangerous debris at an officer during a California protest.
Typically, battery on a peace officer in California will be a misdemeanor. The resulting punishments include being sent to county jail for as long as a year and also the potential of having to pay a fine as high as $2,000. Because battery on a police officer can be a wobbler crime based on what happened during the incident, the penance may increase substantially.
If the crime is deemed to be a wobbler this essentially gives a prosecutor the ability to decide if they are going to elevate the charges to a felony. If this happens, a defendant will face increased time in county jail for as long as three years as well as the possibility of a $10,000 fine if convicted.
Why are People Arrested for Protest if it’s Their Legal Right?
The Los Angeles criminal defense lawyers at the Manshoory Law Group understand how important it is to fiercely defend individuals who are arrested for alleged crimes. You are innocent until proven guilty and for the best legal defense possible, call the Manshoory Law Group to schedule your free case evaluation at (877) 977-7750.
