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The Safe Neighborhoods and Schools Act, or Proposition 47 was enacted in 2014 in the state of California. The legislation affected how several different types of crimes are sentenced within the California criminal justice system.
As a result of Prop 47, numerous theft crimes had their penalties greatly reduced. When you have been charged with a California theft crime, the Los Angeles criminal defense attorneys at the Manshoory Law Group can help you fight your charges and protect your future.
What California Theft Crimes Were Affected by Prop 47?
Prop 47 made many adjustments to the classification of specific theft actions and how these crimes are sentenced.
Some of these changes include:
Under PC section 459.5 shoplifting was developed which replaced charges of commercial burglary. A charge of commercial burglary was a felony offense making for very serious and severe outcomes of low-level stealing. Now, if the property is unlawfully taken from a commercial establishment during normal business hours when the business is open and the property isn’t worth more than $950, a defendant will face shoplifting charges which is a misdemeanor.
Under PC section 473, if fraudulent checks, bonds, notes, money orders, and any other type of monetary instrument is used, as long as it is not higher than $950 it will be classified as a misdemeanor.
Under PC section 476a if you write a check that isn’t more than $950 and you don’t have the funds to cover the check it will be considered writing a bad check. This offense has been reduced to a misdemeanor.
Under PC section 490.2, with some exceptions, general property theft where the goods that were stolen are not worth more than $950 will be considered petty theft. As such, they will be classified as misdemeanors.
Under PC section 496, as long as the stolen property that an individual receives is not worth more than $950 the crime will be a misdemeanor.
Anyone with a felony conviction in connection with one of these theft charges that took place before Prop 47 was passed has the right and the ability to pursue a legal case for having their felony charge reduced to a misdemeanor.
This retroactive re-sentencing may mean that an individual will no longer have to serve time behind bars the way they would have if they were still serving time for their felony conviction.
Can I Have My Record Reduced Under Prop 47?
Depending on the details of your case, you may not have to spend time in jail for your theft-related crimes. If you are currently in jail, you may be able to get out and instead serve probation time which is a much lesser punishment than having to live your life captive in the prison system.
When you work with the Los Angeles criminal defense attorneys at the Manshoory Law Groupyou can rest assured that you will have the best criminal defense services in Los Angeles advocating on your behalf. Call The Manshoory Law Group today at 877-977-7750 to meet during a free consultation.
Penalty for Unlawful Possession of Prescription Drugs in California
You are not legally allowed to have prescription drugs in your possession in California if you aren’t the owner of a legitimate prescription for the drugs. Controlled substances like oxycodone or codeine are tightly regulated by California state laws. In general, if you are arrested for possession of a controlled substance in California, you will l likely be charged with a misdemeanor.
Penalties associated with this type of offense include as high as $1,000 in fines in addition to as long as one year in jail. Not everyone will face misdemeanor charges, though, some circumstances may result in felony charges which have much stricter punishments.
The encouraging news for defendants facing unlawful possession of a controlled substance charge in California is that they may not have to spend time in jail. If you are facing charges related to a controlled substance, it is vitally important that you take your case to a qualified California criminal defense attorney.
When you work with a Los Angeles criminal defense attorney at the Manshoory Law Group, you will have the most knowledgeable and well-informed legal representation regarding the numerous programs that exist which can help you avoid serving time in jail.
Defenses Against Unlawful Possession of Prescription Drugs
In California, a pretrial diversion program is a means for defendants to participate in either an education program or a treatment plan that will take the place of serving time in jail.
There are three types of programs available including:
Under PC 1000 minor misdemeanor diversion
Under PC 1001.36 mental health diversion
Under 1001.81 Military diversion
Defendants eligible for one of these diversion programs will now, due to changes in the laws, not have to plead guilty to their criminal drug charges. The great thing about a diversion program is that it provides a defendant with a second chance. Upon completion of a diversion program, a defendant will have their charges dropped and the history of the charges will be sealed.
On the other hand, if a defendant is unable to successfully finish a diversion program, then their charges stay and they will proceed with the normal course of action within the California criminal justice system.
Defendants may be eligible for a pretrial diversion program in California if the following are true:
No previous felony convictions exist within the last five years;
No convictions in the last five years for controlled substances;
There was no violence committed;
There was no relation to narcotics at the time of the arrest.
Meet with a California Drug Crime Defense Attorney Today
Unlawful possession of a controlled substance in California comes with serious penalties, but depending on your situation, you may not have to suffer through these repercussions. The Los Angeles drug crime defense attorneys at the Manshoory Law Group are up to date on all of the classes and rehabilitation programs that can be substituted for jail time.
There are many different types of sex crimes that have varying degrees of penalty by the court depending on the nature of the crimes committed. Penal Code 269 defines aggravated sexual assault of a child in the state of California. This charge comes with penalties on the harsher end of the spectrum that a defendant faces if convicted.
If you are charged with aggravated sexual assault of a minor in California, it is incredibly important that you have an experienced California criminal defense attorney fighting to protect your rights and freedoms.
If convicted of a PC 269 charge you will spend time behind bars as well as have to pay hefty fines.Additionally, it is likely that you will have to register as a sex offender which comes with its own set of additional difficulties when you re-enter society after you are done serving your time. To ensure you have the premiere criminal legal defense in Los Angeles call the attorneys at the Manshoory Law Group immediately.
What is Aggravated Sexual Assault on a Minor in California?
The state of California considers a child that is under the age of 14 and a minimum of seven years younger than the defendant to be a victim of aggravated sexual assault when they are sexually penetrated.
Sexual penetration can be in any form and as long as it has been done with a child, the result will be an arrest and charge for PC 269. The minimum prison sentence for a PC 269 conviction is 15 years and a requirement to register as a sex offender upon release.
The details of the crime will determine how severe the penalties are. In some situations, life in prison may result. A PC 269 crime is not to be taken lightly. The state will enforce stiff punishments and if an individual is released and refuses to or forgets to register as a sex offender, they will have to be active in the registry for the rest of their life.
Aggravated assault on a minor is a felony no matter how much prison time you receive. If you do have a sentence with an end date, that felony stigma will be a burden on your life. Convicted felons have a very difficult time obtaining gainful employment, finding meaningful personal relationships, securing loans, buying firearms, and even going to school. Not to mention the additional challenges of being a registered sex offender.
To defend against your charges, there are several strategies that could work for you including:
The victim was older than 14 and was also less than seven years apart in age from the defendant.
The victim falsely made claims against the defendant.
The defendant was threatened, forced, and intimidated into admitting to the crime.
Meet with a California Criminal Defense Attorney Today
When you meet with one of the resourceful Los Angeles criminal defense attorneys at the Manshoory Law Group you can discuss your situation in detail. Your attorney will assess all the information and get to work on your case straight away. The Los Angeles sex crime defense attorneys at the Manshoory Law Group only handle criminal defense cases. Call the Manshoory Law Group today at 877-977-7750 to get together with an attorney during a free consultation.
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.
Murder is one of the most severely punished crimes nationwide, and in California, both murder and attempted murder are taken very seriously.California Penal Code 664[1] 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.
Attempted Murder Law in California
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 deliberate attempts to kill include stabbing, poisoning, strangling, or shooting.
A defendant must take at least one step toward committing murder[2] with the intent to end another person’s life to be subject to punishment for attempted murder in California. If charged with attempted murder in California, the law under Penal Code 664 dictates that you could face up to nine years in prison. Attempted murder is at the felony level but, how many years for attempted murder depends on various factors, including whether the charge is first or second-degree.
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, an experienced Los Angeles criminal defense team will support and fight tirelessly on your behalf to achieve the best possible outcome.
What are the Penalties for Attempted Murder?
How long do you get for attempted murders? The most strict punishments will be held for first-degree attempted murder. The attempted murder sentence in California for first-degree charges could result in life imprisonment, though parole may be possible[3]. Defendants often ask, “How many years for attempted murder can I serve?” The answer can vary greatly, but if a peace officer or firefighter is involved, the minimum time before parole consideration is 15 years.
In contrast, for second-degree attempted murders, defendants face prison sentences ranging from five to nine years, illustrating how long you get for attempted murders can differ based on the specific circumstances.
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[4].
The involvement of gang affiliations or committing the crime against protected individuals can increase the severity of the punishment under California’s three-strike law[5], making sentences for third-time offenders especially harsh. The more strikes a person accumulates on their record, the greater the 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.
What refers to the 3rd degree attempted murders sentences, it’s worth noting that California primarily differentiates between first and second-degree charges.
How Can You Defend Against Attempted Murder Sentence in California?
To effectively challenge an attempted murder sentence in California, the prosecution must prove that the defendant not only took deliberate steps toward committing the act but also had the specific intent to kill. This intent, combined with at least one overt act directed toward the attempt, forms the basis for charges under Penal Code 664. The number of years for attempted murder a defendant might face hinges on the degree of the charge and the circumstances surrounding the case.
A strong defense can cast doubt on these elements through various strategies:
Lack of Intent: Demonstrating that the defendant did not have the intent to kill can be pivotal, potentially impacting how many years for attempted murders might be imposed.
Self-Defense: Arguing that the defendant’s actions were necessary to protect themselves[6]from immediate harm, which may justify the behavior and mitigate the charges.
Insufficient Evidence: Pointing out flaws or gaps in the prosecution’s evidence can challenge the assertion that the defendant planned and attempted murder.
Mistaken Identity: Establishing that the defendant was not the person who committed the act can lead to dropped charges or acquittal.
For those facing an attempted murder sentence in California, it is crucial to consult with a criminal defense attorney who can analyze the case’s nuances, prepare a tailored defense, and work to reduce or dismiss the charges. Since California’s three-strike law can amplify penalties, including up to life imprisonment for repeat offenses, experienced legal representation is essential.
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[7], 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 criminal defense attorneys at the Manshoory Law Group in Los Angeles, every legal avenue to reduce your penalties or have your charges dismissed will be pursued. Contact our criminal defense attorneys at the Manshoory Law Group today for premier criminal legal defense services in Los Angeles at 877-977-7750.
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