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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.
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.
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.
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