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
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.
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:
- Your local sheriff’s website or the website for the local court could have information on a warrant that was issued for you.
- You can look over the website of the Superior Court of California to find any outstanding warrants against you.
- 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.
FAQ Section
What is the difference between an arrest warrant and a bench warrant in California?
An arrest warrant is issued when law enforcement and a judge have probable cause to believe you committed a crime. A bench warrant, on the other hand, is issued by a judge when you fail to appear in court, miss a payment, or violate a court order, it doesn’t necessarily mean you’ve been accused of a new crime. Both types authorize law enforcement to arrest you on contact.
Can I check online if I have an outstanding warrant in California?
Yes. You can search for outstanding warrants through your local county sheriff’s website, the Superior Court of California’s public records portal, or by running a criminal background check on yourself. Keep in mind that warrant information is accessible to all law enforcement agencies nationwide, not just local authorities, so an unresolved warrant can surface anywhere you’re stopped or screened.
Will an outstanding warrant show up on a background check?
In most cases, yes. Warrants are entered into official law enforcement databases and are typically visible on background checks run by employers, landlords, and government agencies. This is one of the reasons addressing an outstanding warrant promptly is important, it doesn’t stay contained to the local level.
What should I do if I find out I have an outstanding warrant in California?
Do not ignore it. Warrants don’t expire and won’t go away on their own. The best course of action is to contact a criminal defense attorney before turning yourself in or making contact with law enforcement. An attorney can confirm the details of the warrant, negotiate the terms of your surrender, and work to minimize the bail amount or potential penalties you face.
Can I check online if I have an outstanding warrant in California?
Yes on both counts. In California, certain unpaid fines or failure-to-appear warrants can lead to a driver’s license suspension. Regarding travel, a warrant in the national criminal database can trigger an alert at border crossings and airports, and depending on the severity of the charge, could result in arrest when traveling domestically or internationally.
Nov 30, 2020
What are the California Rules of Evidence?
If you have been arrested for a crime in the state of California, you will be seen before a judge and a jury of 12 community members or jurors. Your California criminal defense attorney will examine your case and gather information to mount an effective strategy to plead on your behalf and with any luck, get you off.
The judge and the jurors will listen to all evidence presented from both the prosecution against you and your attorney fighting for you. After they hear all the information the jurors will get together and make a determination on if they believe you are guilty or innocent.
To obtain a conviction every juror must agree that you are guilty. When you are facing serious California criminal charges, only the most experienced and effective legal defense will do.
A criminal charge doesn’t just mean jail time and hefty fines, but it is also a dark stain on your permanent criminal record that will follow you around for the rest of your life. This blemish on your record will negatively impact potential opportunities you have for relationships as well as professional development.
What Type of Evidence is Allowed in a California Criminal Trial?
The Los Angeles criminal defense attorneys at the Manshoory Law Group understand how important it is to preserve freedom and help those facing criminal charges in California have their constitutional rights protected. The Los Angeles criminal defense lawyers at the Manshoory Law Group are deeply committed to helping defendants have their charges reduced, when possible dropped completely, or help their clients avoid a conviction.
During the California criminal trial process, the majority of the time will be spent presenting the evidence collected from both sides. The California rules of evidence dictate what types of evidence are acceptable in a court of law.
Attorneys have a plethora of options to produce for the jury. Some of the types of evidence that attorneys will put forth include viable witness testimony, videos, photos, documents, emails, texts, phone records, audio files, etc.
The following are the California rules of evidence that are lawfully able to be used in court:
- All evidence produced must be relevant
- Rules defining who is a competent witness allowed to provide testimony
- All evidence must be dependable and trustworthy
- Rules dictating how attorneys can examine and cross-examine witnesses
- Hearsay is not acceptable evidence
- Past actions which try to speak to one’s character is not permissible
- The right exists to refuse to testify or provide certain information
- It is not lawful to prevent someone from testifying in court
- Evidence that can be misleading or cause the development of prejudice is not permitted to be used in court
If any of the California rules of evidence is violated, that piece of evidence may be barred from being used when the jury is considering their verdict. Should a violation exist during a trial but a judge doesn’t throw it out and you are convicted as a result, you could potentially appeal the decision on the basis that evidence used against you was unsuitable.
Do You Need to Speak to a Los Angeles Criminal Defense Attorney?
Don’t take any chances when it comes to choosing legal counsel that could be sub-par. Poor and inexperienced legal representation could be the difference between prison time and freedom. For the highest-quality criminal legal defense strategy in the greater Los Angeles area, connect with the resourceful and talented California criminal defense lawyers at the Manshoory Law Group.
The Manshoory Law Group is available to you any time, day or night so call 877-977-7750 today.
Nov 23, 2020
A California bench warrant is issued by the courts when any of the following has taken place:
- The defendant did not show up to their court date or traffic citation
- The defendant defied and violated their court order
- The defendant committed parole violations
- Not paying fines
- Not appearing or enrolling in classes mandated by the court
- The defendant fails to show evidence to the court of progress in a program or class mandated by the court
When a party has an active bench warrant, the document serves to find that party and either arrest them or hold them because of any of the above violations of the court. For cases that are pending or after a defendant has been officially put on probation, if that defendant fails to follow their court orders, a bench warrant will be issued.
In contrast, a California arrest warrant is issued when evidence exists that a defendant committed a crime or if there is a grand jury indictment of the defendant. When the move is made to file criminal charges against an individual, an arrest warrant will be used if the person is not currently in the custody of the police.
Can You Get Out of a Warrant without Serving Jail Time?
If you have a bench warrant you may be able to have it recalled. To do this a court date will be scheduled and either you or your California criminal defense attorney on your behalf must appear in court on that date. If successful, you can have the bench warrant removed.
When your warrant is issued due to a misdemeanor offense, then you have the option of not having to physically be present in court and you can instead opt for your attorney to appear for you. Felony charges are handled more strictly in California. Anyone with a felony charge and a warrant must be present in the court if they want to have their warrant recalled.
Because it is so common for defendants to try and avoid capture and flee after a warrant has been issued for them, those defendants that are more cooperative have a much better chance of being successful with having their warrant removed from the California judicial system. Judges will appreciate a defendant who obliges with their warrant and willingly surrenders without the need for a police chase and seizure.
When you work with the Los Angeles criminal defense attorneys at the Manshoory Law Group, you will have the most knowledgeable and highly experienced legal team effectively negotiating with the prosecution to better manage your self-surrender. The Manshoory Law Group has extensive skills and talent in persuading prosecutors to agree to a recognizance release or to set bail for you. When you are issued bail, you may be able to post it in court and therefore avoid having to sit in jail.
Work with A California Criminal Defense Attorney Today
Every California courthouse and judge will handle clearing warrants from a defendant differently. When you work with the Los Angeles criminal defense lawyers at the Manshoory Law Group, you will increase your chances of clearing your warrant while not having to spend any time in jail and you also may potentially be able to get out of paying bail. Call the Manshoory Law Group today to schedule your free consultation at 877-977-7750.
