Jan 11, 2021
The new legislation that was passed and that began in 2021 in California impacts businesses, employees of businesses, the criminal justice system, the insurance industry, and the environment. While the existence of COVID did have some impact on the new laws, many initiatives were discussed before the pandemic took hold. For those that are currently in the California criminal justice system and for those that have served their time in prison and are out, the following changes to the laws could be impactful to their lives.
Updated legislation in California can change the parameters of your case or your sentence if you are convicted. To learn more about how changes in California criminal law affect you, the California criminal defense attorneys at the Manshoory Law Group can answer your questions and provide you with the most effective and tactical defense strategies to fight your charges. The Los Angeles criminal defense lawyers at the Manshoory Law Group are available to distressed individuals who have been arrested for a crime in California.
What 2021 California Legislation Impacts Criminal Reform?
Three out of the ten new laws are directed at criminal justice reform and these laws include:
The way an officer detains a suspect has gone under immense scrutiny all around the country. In California, it is now illegal for law enforcement officials to make use of chokeholds and carotid holds as a means of putting down a suspect.
One of the liberties and freedoms that are lost when one goes to prison is the right to vote. Now in California, those on parole who were denied the ability to vote prior to 2021 will have the ability to cast their ballot in elections.
The rampant wildfires caused massive harm and destruction in California. Professional firefighters were overwhelmed with the job it took to put out the fires and keep the public safe. The new legislation allows for those that served their time for their felony conviction who also assisted in the efforts to fight the fires the ability to have their charges expunged. Every case is different, and some cases won’t make the cut, but there are still many that have the potential to benefit from this law. This would mean that for those that are successful, these individuals could realistically become professional California firefighters.
Not everyone included in the California criminal justice system will have their criminal situation altered by changes in in-laws, but many could. It is important to know that when new laws are made you could be affected. Working with the most experienced and up-to-date criminal defense law firm in California will ensure your case doesn’t get lost in the shuffle and you see your full legal justice.
Meet with a Los Angeles Criminal Defense Attorney Today
The southern California criminal defense attorneys at the Manshoory Law Group, APC have a comprehensive and thorough knowledge of the constantly changing laws in California. The Manshoory Law Group has the legal team you want fighting for your legal justice. When you need rapid and compelling legal counsel to contest your California criminal charges, call the Manshoory Law Group today for the highest quality criminal legal defense services in Los Angeles at 877-977-7750.
Jan 4, 2021
Attempted Murder Law in California
Murder is one of the most heavily punished crimes across the nation, and in the state of California, murder and attempted murder is not taken lightly. California Penal Code Section 664 explains that you are not off of the hook if you attempted to murder someone yet failed in your endeavor. In fact, you face stiff penalties of up to nine years behind bars.
If you have been charged with attempted murder in California that means that it is believed that you wanted to kill another person and to accomplish this feat you took related actions against the individual. Despite your efforts to commit murder, the individual you wanted to kill survived. Depending on the details of the incident, examples of actions that would be considered deliberate attempts to kill would be stabbing, poisoning, strangling, or shooting.
All a defendant must do is take a minimum of one step towards committing murder with the intent to end the person’s life to be subject to punishment for a California attempted murder charge. Attempted murder is at the felony level and the facts in your case will be what governs if you will face first or second-degree attempted murder charges.
When you have been arrested and charged with attempted murder in California, it is imperative that to preserve your legal justice, you work with the very best California criminal defense attorneys.
At the Manshoory Law Group, you will have the most experienced and seasoned Los Angeles criminal defense team supporting you and fighting tirelessly on your behalf so that you see the best outcome possible.
What are the Penalties for Attempted Murder?
The most strict punishments will be held for first-degree attempted murder. A defendant will be looking at life in prison. However, there is the possibility of parole so a defendant could get out much sooner. This changes when the defendant was convicted of this charge and their victim was an on-duty protected individual such as a peace officer or a firefighter.
When this happens, the defendant must stay in jail for a minimum of 15 years before they can be considered for parole. In contrast, if charged with second-degree attempted murder, a defendant must serve at least five years in prison and could serve up to nine years.
A defendant not only has to expect prison time with a California attempted murder conviction, but they also must be ready to pay. From paying money to victims for restitution to hefty fines of as high as $10,000, it is expensive to be charged with either first or second-degree attempted murder in the state. Additionally, the ability to own a gun will be eliminated.
California follows the three-strike law which means that a conviction of attempted murder will result in one strike. The more strikes a person accumulates on their record will lead to a substantial increase in penalties. Of course, three strikes are the maximum and when you hit this level of crime, you will be serving at the very least, 25 years to life in state prison.
How Can You Defend Against Attempted Murder in California?
It is up to the prosecution that is attacking you to prove that you actually behaved in such a manner and acted in a way to deliberately try to kill someone else. This is in addition to your final intent being that what you did would cause the death of another person.
Whether you planned a murder scheme or you were getting ready to kill, the moves you took were implemented with your aim to take the life of another. In addition to this, the prosecution must also show that you wanted the end result to be the loss of life from your actions.
When your legal defense can effectively and persuasively deconstruct arguments that the prosecution tries to make placing you as a person who was involved in a murder plan and intending for death to take place, then you will be able to reduce your charges or beat them.
Maybe you were acting in self-defense or you behaved in a way to slightly injure a person who was aggressive towards you so you could scare them off but things when wrong.
There are many ways that an experienced and skilled murder defense lawyer in Los Angeles can examine your case and mount a tactical defense.
Call a California Criminal Defense Attorney Today
The facts that go along with how you were charged with attempted murder will also impact your sentence. For instance, if your activities were related to your membership in a California street gang, you are going to have an increased sentence. There are many subtleties that can greatly change how severely you are reprimanded for your alleged actions.
When you work with the Los Angeles criminal defense attorneys at the Manshoory Law Group every legal means to reduce your penalties or have your charges dropped will be explored and enacted. Contact our criminal defense attorneys at the Manshoory Law Group today for premier criminal legal defense services in Los Angeles at 877-977-7750.
Dec 28, 2020
What Is the Definition of Assault?
If you have been arrested and charged with assault, depending on the circumstances of your case, you may be charged with either a felony or a misdemeanor. This is because assault is a wobbler crime in California and that means that the prosecution against you can review your case and determine if they believe you should be tried with a misdemeanor or if your case rises to the level of a felony. Misdemeanor assault charges still come with jail time, but the amount of jail time that you face will be substantially higher when your crimes are elevated to a felony.
If you have been arrested in connection with a California assault crime, it is imperative that you obtain the most strategic and effective legal defense available. The California criminal defense attorneys at the Manshoory Law Group can give you the legal representation you need to protect your rights and freedoms.
The Los Angeles violent crime attorneys at the Manshoory Law Group know that there are many situations where violent crime charges like assault can be dismissed. The Manshoory legal team will not only listen to your story but also relentlessly fight on your behalf to defend your best interests in court.
What Are the Differences Between Simple Assault and Aggravated Assault?
Simple assault can be any attempt to inflict harm on another person. This may happen through direct contact with another individual or through actions that put another person’s physical body in harm’s way. For instance, you may throw a punch at another party and connect with their body and you can be charged with simple assault.
Likewise, you can throw that same punch but instead, miss hitting the other party, and still, you can be charged with simple assault in California. If you throw an object at a person, you aren’t physically touching them but the object was thrown with the intent to hurt that individual. Whether or not you hit an individual or not with the object you project towards them doesn’t matter, a simple assault charge can still apply.
In California aggravated assault, on the other hand, doesn’t have concretely defined parameters that describe its definition. When an aggressive and explosive interaction goes beyond what would be considered simple assault, aggravated assault may be applied. For instance, if you use a deadly weapon, firearm, dangerous chemicals, or engage in behavior that results in or would likely result in severe bodily damage, you could be charged with aggravated assault under the laws in California.
How a Lawyer Can Help With Assault Charges
Being charged and convicted of assault in California can lead to major negative life implications not only from the legal penalties you will face but the repercussions you will have to deal with once you enter back into the public sphere. To minimize the destruction such charges can have on your life, call the Los Angeles violent crime defense attorneys at the Manshoory Law Group immediately after you are arrested.
We can be reached at 877-977-7750 24 hours a day and seven days a week for your convenience.
Dec 18, 2020
More than 1,000 new laws went into effect in California in 2020. The laws address a wide range of issues, including updating the rights of victims of sexual assault. Two bills, Assembly Bill 1510 and Assembly Bill 218 increase the amount of time, otherwise known as the statute of limitations, that victims of sexual assault have to file a claim against their abuser.
If you have been accused of sexual assault, the implications that come with these allegations can not only result in high financial expenses, jail time, a criminal record, having to register your name as a sex offender but also the stigma of being a sexual predator. For innocent individuals that have to face trial even if you are found to be not guilty, you still will have a tough road ahead. It is hard to shake the stain to your good name. You may still have to suffer strained personal relationships, issues at work, and if you have children, they may also be subject to negative repercussions.
Working with a talented California sex crime defense attorney that has the skillset and experience with such charges is essential to protecting your rights. It is vitally important that if you are accused of a sex crime, even if it is minor you have the right legal representation because the fight is extremely complicated. The high level of emotion that comes with sex crime accusations makes these charges challenging to combat. The Los Angeles criminal defense attorneys at the Manshoory Law Group have the knowledge and resources necessary to defend your freedom and ensure you see your full legal justice.
What are the New California Sex Crime Assembly Bills?
In 2018, California AB 1619 was passed which changed the statute of limitations from 3 years to 10 years after an assault. In instances where a victim realizes they were assaulted in their past, they have three years to file a suit against their abuser. Even though AB 1619 helped many victims have their day in court against the party that harmed them, it only applied to incidents that took place from January 1, 2019, and on. Because of this, many victims were not able to take action due to the date of their assault.
This is why AB 1510 was passed. California AB 1510 basically allows victims that were previously excluded from AB 1619 because of the date of their attack to have the opportunity to file a claim. These individuals whose statute of limitations has passed now have three years to act.
The other law that was passed affects those who suffered abuse as a child. It used to be that victims of childhood abuse who realize it after they get older were only able to file a suit up until the age of 26. If it was discovered later in life that sexual abuse occurred as a child, these victims would be given three years from the date of their discovery to file a claim.
Through the passage of AB 218, those who have been abused as children were extended the time they can file a suit by 14 years. Also, those that discover they were abused at an older age had their time to file a suit extended from three years to five years. If it can be proven that an abuser endeavored to cover up their actions, the courts have the discretion to triple the damages that a victim can be awarded.
Speak with a Los Angeles Criminal Defense Attorney Today
AB 1510 and AB 218 are essentially widening the window that allegations of abuse and a related lawsuit can be waged against a person in California. If you have been accused of a California sex crime, call the Los Angeles sex crime defense attorneys at the Manshoorty Law Group immediately at 877-977-7750.
Dec 18, 2020
There are several situations in the state of California and across the country where civil proceedings, as well as criminal proceedings, have what is called a statute of limitations. A statute of limitations is the length of time a claim can be filed or criminal charges can be pursued. Even though this is true, the California statute of limitations doesn’t exist in some circumstances.
In the state of California, Penal Code 799 PC states that certain crimes have no expiration date as to when charges can be brought against a defendant. The following circumstances are such that at any time a prosecutor can bring about charges:
- Crimes where death could be the final verdict, as would be the case in a felony-murder case.
- Crimes where life in prison without the possibility of parole could be the final verdict like would be the situation in a murder case.
- Stealing public money.
When there is evidence produced or found which leads to the belief that an incident was criminal in nature, the statutory period to bring a case is activated.
What is the Purpose of a Statute of Limitations?
Outside of the circumstances listed above, there will be a statute of limitations applied. The reason there is a time limit to bringing about charges or a civil suit is fairness. Defendants being accused of either a civil offense or a criminal charge still deserve to, in the United States of America, have a certain level of justice. As time passes evidence can be altered, forgotten, or destroyed.
Specifically, when it comes to criminal charges where a person’s life can be massively impacted by the outcome of a case, it is important that only the clearest, most relevant, and undeniable evidence is used. When it comes to the time in prison, fines, and a criminal record, it is vitally important that a case is conducted with impartialness against a defendant. Defendants who may or may not have committed a minor offense that wouldn’t render them life in jail or the death sentence should have a clear deadline for when a victim can bring about charges. These individuals shouldn’t have to worry that for the rest of their lives they could be thrown into the court system and potentially jail for something that fell short of a crime egregious enough to lead to prison for life or death.
However, in situations where the crimes are so shocking or appalling such as the case of murder, a statute of limitations is not applicable. When evidence points towards a specific person who may have taken the life of another, this crime is allowed to be adjudicated in the court system to determine guilt or innocence at any time. In this scenario, a person who committed a crime so despicable that the legal system would apply either life in jail or the death sentence, it is important to the victim that justice be served. This is why these cases don’t hold a statute of limitations.
Speak with a Los Angeles Criminal Defense Attorney Today
Regardless of the nature of your crime or how significant the charges are against you, working with the Los Angeles criminal defense attorneys at the Manshoory Law Group is your best way to protect your constitutional rights and legal justice. Schedule your free consultation today with the California criminal defense attorneys at the Manshoory Law Group by calling 877-977-7750.
