What is the Difference Between a Simple Assault and an Aggravated Assault in California?

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. 

Changes to California Laws for Sex Crime in 2020

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.

What Crimes Have No Statute of Limitations In California

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.

Holiday Driving Safety Tips That You Should Be Aware

Dec 18, 2020

The holiday season is here once again, giving us a chance to kick back, relax, and enjoy some well-earned rest. This unique period of the year gives us a chance to share some quality time with our nearest and dearest and unwind from the hustle and bustle of our daily lives.

Unfortunately, the Christmas period and the New Year holidays are some of the most dangerous times to be on the road, as a couple of unfortunate holiday accident statistics reveal an average of 343 people die in traffic accidents in the United States each year across the three-day Christmas period, while 373 die over the New Year holiday.

This harrowing statistic makes even bleaker viewing when you consider that over 94% of traffic accidents occur due to human error, meaning the vast majority of them were completely avoidable. If you’re wondering why the holiday period is a particularly dangerous time, it’s mostly as a result of the adverse weather conditions and a sharp increase in drunk driving,

The winter months bring in snowy conditions that are treacherous for even the most experienced drivers, which is why it’s important to study up on some holiday driving tips before you head out, especially if you’re a newbie driver. Whereas more people drink drive on the holidays than usual, drastically increasing the likelihood of traffic accidents.

In this article, we will take a look at some of the holiday drunk driving statistics and explain how dangerous the roads can be at this time of year, as well as a few holiday driving safety tips to help protect you while out on the roads. Let’s get into it.

Drunk Driving Statistics During The Holidays

Here are some holiday accident statistics for drunk driving that highlight the importance of driving responsibly over the holiday period:

• Drunk drivers are the cause of 40% of traffic deaths over Christmas and New Year’s
• An average of 27 people die every day in December due to drunk driving incidents
• Drink driving crashes account for nearly one-third of the yearly driving fatalities

So what is the cause of this massive rise in alcohol-fuelled accidents? Unfortunately, it’s largely down to people’s ignorance and arrogance. Many individuals assume there will be fewer people on the road, which provides them with a clear rationale for driving while under the influence.

Others don’t drink very often and have a lower tolerance. Once intoxicated, they tend to get on the roads and naively believe they are safe to drive. Of course, whatever the movies are, drunk driving is extremely selfish and dangerous, as you not only endanger your life but the lives of other people who are on the road.

If you like to have a few drinks at Christmas, keep in mind the damage you can do to others and yourself if you jump into a car. The costs of a DUI charge can add up significantly, especially when you consider the price of the bail, impounding costs, and DUI attorney fees.

In California, the average cost of a DUI arrest is between $10,000 – $12,000, and you can expect to pay even more than that unless you hire one of the best criminal lawyers in Los Angeles to fight your case.

How to Identify Potential Drunk Drivers

Now that you’ve seen the shocking holiday drunk driving statistics, it’s important to learn what you can do to prevent yourself from becoming another one of those statistics. With that said, one of the best holiday driving tips is to learn how to identify potential drunk drivers so you can stay out of their way and alert the authorities.

Here are a few quick telltale signs:

• Quick acceleration and deceleration
• Zig-zagging all over the road
• Tail-gating
• Weaving in and out of traffic
• Drifting in and out of lanes
• Striking objects in the street
• Excessive braking and erratic behavior

How to Stay Safe on the Road this Season

Unfortunately, there is little we can do to control others’ drinking habits, and undoubtedly, there will be numerous drunk drivers on the streets this holiday season.

The best thing you can do is keep in mind the following holiday driving safety tips and do what you can to stay safe:

• Always plan for the weather
• Leave early and drive slowly
• Always be alert of other drivers
• Watch for black ice
• Do not text and drive
• Keep your car serviced and make sure it’s ready to deal with the cold temperatures
• Do not drink at your Christmas party if you know you plan to drive

We hope these safety tips for the holidays serve you well and keep you and your family safe during the Christmas and new year period, as this is a time for celebrating and rejoicing with the ones you love and not for grieving.

How Can You Find Out if You Have an Outstanding California Warrant?

Dec 14, 2020

If you think you could potentially have an outstanding warrant in California, this is no doubt a distressing situation. It is a good idea to find out for sure if you actually have one or not. Typically, an individual with a warrant who is proactive and cooperative with addressing the issue has a better chance of being looked on more kindly by the court.

The sooner you can get your legal situation under control the better. If you confirm that you have an outstanding warrant, then quick action to get your legal situation under control is the route you will want to go. It is advisable that you don’t attempt to take on this task alone. Working with an experienced and knowledgeable California criminal defense attorney will increase your chances of lessening the penalties you face.

The California criminal defense attorneys at the Manshoory Law Group can help you determine if you have a warrant, should you need assistance figuring that out. If you do have a warrant, the Manshoory Law Group will also support you by assisting you in addressing the court about the warrant.

How Can You Check to See if You Have an Active California Warrant?

Depending on your violations, you could have either a California bench warrant or a California arrest warrant. There are differences between the two and these differences are:

• An arrest warrant is issued in your name when you are believed to be the person who committed a crime.
• A bench warrant is issued in your name when you have been determined to be in “contempt of court.” If you missed a court date, didn’t pay a fine, or violated a court order a bench warrant would be applied.

No matter which warrants you have, law enforcement has the right to arrest you for that warrant. When a judge issues a warrant against you, it is entered into the appropriate official website by the clerk of the court. It isn’t just your local authorities that can access this information, anyone with access to the US Department of Justice website can see the information. So if you are pulled over anywhere in the state of California or in the country, law enforcement can see that you have a warrant.

You can perform a search to determine if there does exist an outstanding warrant against you, any of the following three ways:

1. Your local sheriff’s website or the website for the local court could have information on a warrant that was issued for you.
2. You can look over the website of the Superior Court of California to find any outstanding warrants against you.
3. You can run a criminal background check on yourself.

Speak with a California Criminal Defense Attorney Today

It is a good idea to immediately meet with a skillful Los Angeles criminal defense lawyer when you believe that you have a warrant. The defense lawyers at the Manshoory Law Group can tell you if the warrant you believe you have actually names you and what that warrant is for.

Additionally, they will advise you on the amount of bail associated with the warrant. There are many benefits of working with a criminal defense attorney and to ensure your best outcomes are seen, call the Manshoory Law Group at 877-977-7750 today.