Will You Be Convicted If You “Stand Your Ground” in California?

Aug 17, 2021

It is essential that you have the ability to keep yourself and your family safe. When a self-defense situation comes about, the means by which you are legally able to protect yourself or your loved ones can vary by state.

In the state of California, you are within your right to “Stand Your Ground” and use force instead of retreating when you are in a perilous situation. While no formal state statutes exist where this is written, courts have referred to case law to acknowledge a person’s right to engage in the use of force inside and outside their home.

It is critically important that if you are facing criminally violent charges in California that you don’t brush them off, but rather, take them very seriously. Calling the Manshoory Law Group is a good start. Shaheen F. Manshoory is an aggressive and competent trial attorney in Los Angeles who specializes in criminal defense law in the state of California.

The skilled legal team at the Manshoory Law Group is dedicated to fighting to protect the rights and freedoms of individuals facing criminal charges in Orange County, California, and other surrounding areas.

What are California’s Stand Your Ground Laws?

 If you are in a situation where you reasonably feel threatened or if you believe that another person is in serious danger you have the right to respond with force against an assailant. When the perils you or another party faces are imminent and you believe your life or the life of another party is at risk, you may use deadly force.

Even if you had the purest of intentions simply wanting to defend yourself or your loved one against another party’s aggression, it is still possible to be convicted of a violent crime in California and sent to jail.

If you are arrested for violent actions you took against another party in self-defense you will go to court. There will be an aggressive prosecutor trying to secure your guilt. To do so, that prosecutor will have to clearly show that the actions you took were not in self-defense.

It is lawful to engage in self-defense actions when the following is true:

• There is a reasonable belief that a situation poses an imminent danger of harming a person. In a position where your life was in jeopardy, you could sustain physical bodily harm, or be touched in an unlawful way.
• There is a reasonable belief that quick action of force must be taken to defend against the imminent danger. Your thoughts about your position were rational and reasonable as to why you acted forcefully to avoid death, physical harm, or unwarranted touching.
• The amount of force used against the imminent danger was a reasonable amount. You didn’t use an excessive amount of force to stop the danger you reasonably believed was coming your way. Instead, you used an understandable amount of force only to prevent another party from hurting you.

Self Defense and “Stand Your Ground”

California’s self-defense case law explains that the use of force can happen when a person’s fear of harm was reasonable and that the details of their situation call for instant action in response. The actions that a person takes to defend themselves must be aligned with what any other reasonable person would do in the same situation. When a case goes to court over the use of force one party inflicts on another, every detail of the situation is scrutinized.

The facts will be examined to determine if the situation was dangerous and if the response to the danger was appropriate.

You are lawfully allowed in California to use deadly force if it was reasonably necessary to protect yourself or another party. When you are in a situation where the danger you are facing is imminent and you reasonably believe that you risk significant harm and physical bodily injuries you may react appropriately to stay safe. You are also allowed to use a reasonable amount of force to protect property or possessions that are believed to be in harm’s way. If you are defending your home or a piece of property where an assailant is intent on committing a felony deadly force may be used. The other time when deadly force may be utilized is when you are defending your home or property against a person that is trying to enter and hurt someone inside.

California “Stand Your Ground” Laws mean that you do not have to retreat in the face of danger. You can though, defend yourself physically if necessary until you can get the threat to leave if the threat faced is believed to be something that you think will cause you physical bodily harm. 

Even in cases where retreating could have been a practical reaction, people in the state of California are not required to run away from a threat. Confronting a perceived threat could fall under “Stand Your Ground” Laws.

Speak to a Los Angeles Criminal Defense Attorney Today

If you are making the case for self-defense, you need to have the jury believe that the way you acted was reasonable for anyone to respond in the same situation. The jury needs to believe that another party in the same circumstances would also feel immediate danger and would counter that situation with similar actions.

Having a persuasive and knowledgeable Los Angeles criminal defense attorney is a good way to improve your chances of making this happen. Call the Los Angeles criminal defense lawyers today to discuss your case at (877) 977-7750.

Harvey Weinstein Gets One Count of Sexual Battery Against Him Dismissed

The case against Harvey Weinstein for sexual assault and battery that several women have made against him has made prime-time news. It has also remained in the news as his trial lingers on. With more prominent men being called out for improper or even criminal behavior, the question remains, does a woman’s claim always lead to a guilty verdict for a man she is accusing?  

Sexual assault cases can be highly tense and emotional. There are many who have very passionate feelings about how men have used their influence over women to take advantage of them and harm them sexually. Overcoming a sexual assault charge in Los Angeles or anywhere else is not easy. Once a claim has been made, even if it can be proven illegitimate, these assertions can still weigh heavy on a person’s life for the long term. 

Today, it is commonly said to “always believe the woman”. While many women are brave for coming forward and telling their stories, not every accuser is credible or honest. Specifically, when it comes to famous and powerful people, the craving for money and notoriety could be the outcome some accusers are seeking.

This is something that is seen often, where reasonable and trustworthy accusers are lumped in with those that are trying to take advantage of the situation and deceive for their own personal gain. It is important to carefully approach these cases with care and detail so that the best outcome can result for defendants facing such egregious and life-altering allegations.

How Did Harvey Weinstein Get an Accuser’s Sexual Assault Claims Dismissed?

Weinstein is a famous movie producer, who was indicted on 11 counts of rape and forcible oral copulation. Harvey Weinstein’s criminal defense team claimed that there were at least three of these criminal complaints that were filed after the statute of limitations had expired. The statute of limitations is the period of time that a person has to file a claim against another party.

There is a defined timeframe that both civil and criminal suits can be legally filed against someone else. If a claim is filed outside of that specific time frame, then it is likely that the court will throw the case out, and plaintiffs will not have the ability to recover financial compensation or punitive repercussions.

Each state has its own laws with regard to what the statute of limitations is for specific actions. For example, a personal injury claim in California has a statute of limitation that typically is two years from the date that the injury accident took place. The California statute of limitations for the charges in question for Harvey Weinstein is 10 years.

Harvey Weinstein’s criminal defense attorneys argued to have three charges thrown out because filings were made outside of the statute of limitations. However, Lisa Lench, the judge in the case, did not permit two charges to be dismissed under these arguments that took place between 2004 and 2005. The judge did though, permit one claim that alleged sexual battery took place in 2010 to be dropped.

While the job that Harvey Weinstein’s attorneys have to clear his name is going to be challenging, the one thing the movie mogul has on his side is his talented and experienced legal defense team fighting for him.

Contact a Los Angeles Sex Crime Attorney

If you have been charged with sex crimes in California, you could face very serious legal repercussions not to mention social disgrace and implications if you are convicted. The Los Angeles sex crime defense attorneys at the Manshoory Law Group can help.

Due to the significant damage that can happen to your life if you are convicted of sex crimes in California, it is imperative that you have the most effective and qualified Los Angeles criminal defense attorneys protecting your interests. Contact our attorneys today to schedule your Free Consultation at (877) 977-7750.

Should a Defendant Testify in Their Own Los Angeles Criminal Case?

Aug 12, 2021

Robert Durst, the New York real estate beneficiary is going to, in a rare twist of events, actually testify in his own criminal murder case in a Los Angeles County Court. Robert Durst will become a critical component of his own defense strategy. Many murder trials avoid having the defendant testify, yet Durst’s team has suggested they want him to speak before the court.

While having a defendant being charged with murder testify as a part of their own defense strategy is extremely risky, it has been successful for some defendants. This is specifically true with respect to Durst’s questionable past. Durst isn’t just going on the stand to defend himself for one murder, he has done this before. The real estate heir was previously charged with killing his neighbor in the early 2000s. Even though Durst did say that he dismembered the man and threw his body parts away, Rober Durst was still found not guilty of murder.

Whether it is the decision to testify as a defendant or to stay quiet, a qualified and skilled Los Angeles criminal defense attorney will be best positioned to determine the right strategy for success. Rober Durst’s attorneys made the bet before and it worked out. Potentially, they believe that the same circumstances make sense for his current murder trial. Only time will tell, but what Durst knows is what many criminal defendants must understand. This is that the quality of your legal defense is what sits between your freedoms and liberties and your incarceration. 

Why Would Your Attorney Keep You From Testifying in Your California Criminal Case?

Typically, if you declare you are not guilty of doing something you are accused of, you shouldn’t go around yelling about how innocent you are. Most of the time in criminal trials, criminal defense attorneys will keep their clients from testifying in court. Defendants are not legally required to testify so if there is no reason for this to happen it doesn’t have to. There are no real grounds for a person to get on a stand and potentially harm their case if they do not have to be there in the first place.

Some situations warrant a defendant to testify. This would be when there is the case of a reasonable, emotional, and bond-worthy story that a defendant has to tell which could make their case to the jury. Even still, a moving defendant can face serious risks when it comes to the outcome of their case.

Because the burden of proof to find guilt is on the prosecution, once the person accused of a crime goes on the stand, now they are taking some heat off of the prosecution. Even if the story a defendant is giving is truthful, if a jury cannot connect with the defendant or doesn’t like them, then it is highly likely a guilty verdict will result. 

In the absence of a defendant testifying, it is all upon their attorney to deconstruct the prosecution’s case. When this happens no personal feelings of a juror to the defendant will be present. When a defendant has a competent defense, breaking down the prosecution’s case without having a defendant testify, is much more viable and more likely to result in a favorable outcome.

Speak with a Los Angeles Criminal Defense Attorney Today

The Manshoory Law Group is strictly focused on only working on criminal defense cases in Los Angeles. The skilled Los Angeles criminal defense attorneys at the Manshoory Law Group know how to handle tough and aggressive prosecution against you if you have been charged with a crime. To schedule a free consultation with the Manshoory Law Group to discuss your Los Angeles criminal charges, please call (877) 977-7750.

California Self-Defense Laws: What is the Legal Definition of Self-Defense?

Jul 28, 2021

What is California Self Defense Law?

Self-defense is the act of using force to defend yourself or someone else. Using force against people is normally a crime. When you claim self-defense as a legal defense for your actions, you are admitting that you committed the crime, but did so only to defend yourself. This is a form of affirmative defense.

California self-defense laws allow you to use force, up to and including lethal force, to defend yourself or other people. This means that if you have a reasonable belief that someone presents an imminent danger, you may use proportionate force to stop the threat.

Is California a ‘Stand Your Ground’ State?

Self-defense laws explicitly state that if you are in immediate danger, you do not have any obligation to retreat (Penal Code 198.5). Even if retreat is available and appears to be a safer option, you have the right of self-defense and are legally entitled to stand your ground against an attacker. This is the opposite of ‘Duty to Retreat’ self-defense rules. In states with a ‘Duty to Retreat’ doctrine, victims of violent crimes are obliged to attempt any available escapes before defending themselves with force.

For example, if you are walking on the street and someone threatens you with a weapon, assaults you, or otherwise illegally uses force against you, California laws of self-defense do not require you to run away or leave the area. If you are somewhere you are entitled to be, like a public area, then you can use the necessary force to remain in that place without becoming the victim of a violent crime.

In some circumstances, you may even pursue an attacker if it can reasonably be deemed necessary to prevent their attempted crime.

Is California a “Castle Doctrine” State?

In California, like many other states, your right to stand your ground applies within your own home with additional protections. Most significantly, there is a legal presumption that you feared imminent serious injury or death. This legal principle is known as the Castle Doctrine.

The specifics of this California self-defense gun law differ from state to state. In California, the Castle Doctrine only applies within your home itself, not all of your property. In other words, it does not apply in your yard, driveway, and other outdoor areas.

This means that if an intruder breaks into your home, the court must assume that it was reasonable for you to believe you were in imminent danger. As a result, if an intruder forces their way into your home, your use of force, up to and including the use of deadly force in self-defense, will be given the benefit of the doubt unless contradictory evidence can be produced.

When is Self Defense Justified?

When you act in self-defense, you have committed a violent crime, and you could be punished for it if you did so in a situation where you cannot claim self-defense. Some valid self-defense uses are obvious. If someone physically assaults you or someone else around you, you may use force to dissuade them from further violence or render them incapable of further violence, as necessary. Under the Castle Doctrine, uses of force against a home intruder are usually considered valid self-defense.

Outside of your home, you can generally only claim self-defense when you are acting to prevent use or threat of violence. This means that you cannot use force to prevent larceny-theft, such as someone stealing a package from your porch. However, if someone commits robbery, this involves the use of force.

For example, when someone brandishes a weapon at you or threatens to assault you if you do not hand over your possessions or vacate your vehicle. In these scenarios, the threat of violence creates a reason for you to believe that force is necessary to protect yourself from harm, which can justify your claim of self-defense.

What are the Elements of Self-Defense in California?

To successfully claim self-defense after using force against someone, you must prove that:

• You reasonably believed yourself or someone else to be in imminent danger
• You reasonably believed that using force was necessary to prevent harm
• You did not use more force than was necessary to prevent harm

Proving these is not always straightforward, but violent crimes lawyers can help you make the best argument for your case.

• Imminent Danger

Imminent danger means that there is a possibility of you or someone else being harmed, and it is happening right now. You cannot claim self-defense for an action you take pre-emptively.

For example, if someone brandishes a weapon and approaches you with it, there is an immediate threat. However, if someone threatens you with violence that will happen at a later point, such as by making a threatening phone call, you cannot use force in response to that threat alone.

You also cannot claim self-defense for an action you take in response to harm that has already occurred and is no longer happening. For example, if someone assaults you then you can defend yourself at the time, but you cannot seek them out later to attack them.

• Reasonable Belief a Threat Exists

Your belief that there is a real threat can be reasonable even if the threat does not really exist. A jury will decide whether a reasonable person would have believed the danger was real if they had been in your position, with the information you had.

For example, if someone points a fake or unloaded gun at you, most people would assume that the gun is real and loaded. As a result, you had a reasonable belief that you were in imminent danger and needed to use force, even though your assumption was incorrect.

On the other hand, your belief that you are in danger can also be unreasonable. For example, if you are experiencing paranoid delusions or hallucinations you may feel that someone intends you harm, and respond with force. A reasonable person would not have believed that they were in any danger, so you cannot argue that you had a reasonable belief of the threat.

• Justifiable Force

You cannot use a level of force that exceeds what is needed to stop a threat. For example, if someone shoves you, you may be justified in shoving them back to get them away from you. Responding to this assault by shooting or stabbing someone would likely be seen as an excessive force that was not needed to end the threat.

This is more complex than the initial level of violence or the type of weapon involved, however. There are many factors that can affect whether your use of force was justified.

If you are outnumbered or physically outmatched, this can justify a reasonable belief that greater use of force was needed to prevent the threat. There can also be situations where a reasonable person might deem less force to be necessary, such as if you use self-defense against a minor.

What are the Limits of Self Defense?

You can only claim self-defense when you have used force to protect human life or protect a person from bodily harm such as assault, kidnapping, or sexual assault. In California, your use of force must be proportionate to the threat.

The legal right of self-defense ends when there is no longer an imminent danger. You must stop using force as soon as the threat has passed. For example, you cannot continue to hurt someone once they are restrained or unconscious, because they are not a danger to you anymore, regardless of what they did or attempted to do to you previously.

What is Imperfect Self Defense?

Imperfect self-defense means that your case does not have all three elements of a self-defense action; however, it has enough elements that you are partially excused for your crime. This can result in receiving a lesser charge, such as turning a murder charge into a voluntary manslaughter charge, which carries a lighter sentence.

Can I Claim Self-Defense If I Hit Someone First?

You can claim self-defense even if you attacked first, but this places even more emphasis on the grey areas of whether your belief of danger was reasonable, and the use of force justified. For example, you could argue that someone bunched their fist and tensed as though they were going to punch you, so you acted to restrain them before they could do it.

If you have previously assaulted someone before leaving the scene and they later attack you, you can claim self-defense for using force to prevent their attack, even if you are found guilty of the initial assault.

Can you go to Jail for Self Defense in California?

If the jury finds that your actions were not self-defense, or were a case of imperfect self-defense, you can be convicted of a crime that carries a prison sentence. The highest charge you can be convicted of for imperfect self-defense is voluntary manslaughter (Penal Code 192), which can have a sentence of up to eleven years and a fine of up to $10,000.

Have you been involved in a self-defense incident and need a Los Angeles criminal defense lawyer? Contact the best attorney in LA to ensure the best outcome for your case.

How are California Fines and Restitution Different?

Jul 22, 2021

What are Fine and Restitution?

Being arrested in California is not only unfortunate and puts you at a disadvantage when you have a criminal record or have to spend time in jail, but it can also be expensive. Oftentimes, people do not realize the financial burden that comes with a California arrest and conviction. Depending on the nature of the crime you were convicted of, you may have to pay either a fine or be ordered to pay restitution. In some cases, your punishment may include having to pay both.

The best possible outcome after an arrest is to have your charges dropped and your case was thrown out. To accomplish this goal you will need the very best and most competent legal counsel. The Los Angeles criminal defense attorneys at the Manshoory Law Group have the background, the skill, and the know-how to examine your case and put together a winning strategy that protects your rights and yields the desired results.

What is the Difference Between Fines and Restitution in California?

Both fines and restitution are essentially bills you have to pay. Who you pay them to and why you are paying them to define the difference between the two. Fines that you were ordered to pay will go to the state or federal government. Whichever of these two government entities was prosecuting your case is who will gain the proceeds from your fine.

Restitution, on the other hand, is paid to the victim of the crime that you were convicted of. The money you pay to victims is to help victims recoup the financial losses they suffered as a result of your actions. Sometimes, you don’t pay restitution to a particular victim but instead, pay to a crime fund for victims.

First-time offenders tend to be ordered to pay some amount of money in the form of a fine. People who have committed minor crimes that were non-violent can also be ordered to pay a fine in California. For more serious crimes, restitution can come into play.

For example, if you were convicted of a California battery charge and your victim had to seek medical treatment and psychological counseling to overcome the incident and heal, the money you pay will reimburse the victim for the cost of medical care they received. Medical treatment is very expensive and so the amount of restitution that you may have to pay could be quite costly.

Your ability to pay restitution will be considered by the court when calculating the amount that they hand down to you. It is imperative that you pay your fines and restitution because if you do not, you may be sent to jail. In addition, the government can take significant actions against you like garnishing your wages, seizing your property, and selling it off, and they can even put a lien on any property you own.

Speak to a Los Angeles Criminal Attorney Today

When the Los Angeles criminal defense lawyers at the Manshoory Law Group review your case, if fines and restitution apply, then there is the possibility that either or both could be lessened or even waived.

Talk to an attorney in Los Angeles at the Manshoory Law Group today during a free initial case evaluation by calling (877) 977-7750.

Your Rights When Questioned by Police but Not Charged

Jul 16, 2021

Wondering if you have to speak to the police when you are arrested and in situations where you are being questioned by police but not charged is logical and reasonable. Many people are arrested every day and questioned by authorities that have never experienced a run-in with the police and who have no idea what to do. The same is true for people being questioned by authorities who also aren’t sure about how to respond.

The reality is this, you have the right to remain silent whether you are being put under arrest in Los Angeles or if you are simply being asked questions by a police officer who is not arresting you. 

Ask any criminal defense attorney in Los Angeles and they will tell you the same thing, never speak to the police after an arrest without your attorney present. Any single statement or word you use when you speak to law enforcement will be supplied to the prosecutor assigned to your case.

Criminal prosecutors are very savvy and they know how to take what you say and misconstrue it so that it makes you look guilty. The Manshoory Law Group has the Southern California criminal defense lawyers you want sitting by your side, protecting you from harm, and fighting so that you beat your charges and see your full legal justice.

Do you Have to Answer Police Questions?

Both individuals who are being put under arrest and those who are not do not have to say anything to the police. In some situations, the police may visit your home, for example, to ask you questions concerning a case they are working on. When they do this they believe that you have valuable information that could help their investigation.

While you may not immediately be suspected of a crime, potentially law enforcement may determine that you should be a suspect for some reason. In this case, what you said to them when they initially came to your home can be used against you. So if you think that this is a situation that you are in, declining to provide information is going to be in your best interest.

There are many situations when the authorities talk to you about a situation that if you decide to work with them, will not come back to harm you. However, if you are arrested for a crime or if you suspect that you could be implicated in one, it is the best course of action not to speak to the police. It can be very confusing if you aren’t being put under arrest because the officer will not read you your Miranda Rights when they come to question you the way that they would if you were being actively arrested. So knowing this in advance, may be helpful.

Watch the Video to learn more.

Speak to a Los Angeles Criminal Defense Attorney Today

You do not have to provide any information that could put your freedom in jeopardy. To best preserve your rights and help you get the best possible outcome from your Los Angeles arrest, contact us at Manshoory Law Group. The Los Angeles defense attorneys at Manshoory Law Group will meet with you and discuss your case during a free consultation at (877) 977-7750.