Trusted Criminal Defense Attorneys In Southern California
I agree to receive promotional content and notifications from Manshoory Law Group through email or text message. For further details, kindly refer to our Privacy Policy.
The mere possession of a gun is not normally a crime, assuming the owner meets State requirements for registration and observes other regulations. However, the potential for criminal charges does become an issue if another person is accidentally shot and killed.
Anytime criminal charges are a possibility, a criminal defense attorney should be contacted as soon as possible to ensure the gun owner’s rights are protected. While it may seem that if the shooting was unintended, no criminal charges should follow, the reality is not that simple.
California is known for its harsh gun laws, and even if the gun was discharged but no one was injured, criminal charges are still possible. An overview of the criminal charges someone could face for the accidental discharge or death of another by a gun, as well as defenses to these offenses, will follow below.
What Happens if You Accidentally Shoot and Injure Someone?
If someone is unintentionally killed through an accidental shooting, California criminal law says that he/she could be charged and convicted of involuntary manslaughter.
Involuntary manslaughter is applicable to unintentional killings that come about through:
Committing a felony crime that is not considered inherently dangerous; or
Committing a lawful act that could result in death if appropriate caution is not used.
The death of an individual following an accidental shooting would most likely fall under the second circumstance noted above. For example, assume a person wants to celebrate the Fourth of July by waving a gun around at a neighborhood barbeque, and honestly believes the gun was unloaded.
If the gun fires and kills someone, a State prosecutor could look to involuntary manslaughter as a possible charge for the accidental death. Involuntary manslaughter is a felony and brings a sentence of two to four years in jail and a fine of up to $10,000.
Given the seriousness of this charge, asserting all possible legal defenses is critical. Some options available to a criminal defense attorney include:
The killing was an accident that was not the result of criminal activity or reckless conduct;
Insufficient evidence exists to prove guilt; or
The charges are based on false accusations.
California Negligent Discharge of a Firearm Laws and Penalties
Under a different scenario, one in which a gun owner decides to intentionally fire a gun but no one is injured or killed, criminal charges are still possible as the negligent discharge of a firearm. California criminalizes intentionally discharging a gun, including BB guns, in a reckless (negligent) manner that could result in the injury or death of another person.
One issue that could prove difficult for the prosecution is showing the accused was “grossly negligent” in his/her use of the firearm. This element requires the prosecution to show the defendant did something beyond using bad judgment or regular carelessness. Instead, the State must prove the defendant acted recklessly, and an ordinary person would have recognized the inherent risk with such an act.
This charge is a wobbler offense and can be charged as a misdemeanor or felony. Thus, while it may seem minor, the potential penalties are not. Misdemeanor convictions can bring up to a year in jail, and felony convictions can result in jail sentences of 16 months or two to three years.
A few legal defenses that would apply in this situation include:
Self-defense;
The accused believed the gun was unloaded; or
An actual danger of death or injury existed.
Hire a Criminal Defense Attorney
Both charges pose serious consequences for those convicted, but there are many nuances to the law that complicate the cut-and-dry argument the State often makes in favor of conviction. An experienced criminal defense attorney will know how to poke holes in the prosecution’s case and reduce the likelihood of conviction.
Los Angeles’ Manshoory Law Group, APC can offer you the detailed and aggressive approach you need to get the best possible result. Attorneys are available 24/7. Contact us today for a free consultation.
No matter where a person goes, there is always the possibility of being accused of committing a criminal offense, even if the likelihood is very small, and social media is no exception. Regardless of the forum, though, if a criminal accusation is made, a criminal defense attorney should be contacted immediately to ensure the ensuing criminal process is conducted fairly6 and promptly.
Especially as it concerns social media, people rarely think about this possibility as they go about their daily lives. This lack of awareness is due in part to the pervasiveness of social media in the lives of millions of Americans. People use it to check up on friends and family, read the news, organize events, vet potential new hires, and even earn a living. In many ways, it is now harder to stay off social media than to join its ranks.
This method of communicating and absorbing information is so ingrained in society, that the line between what is permissible, and what is not, is not always easily discernible. Given how much people rely on social media, understanding which actions on these forums could be considered criminal is important to everyone. To that end, a discussion on crime and social media will follow below.
What are Online Threats and Harassment?
Responding to online postings negatively or making controversial statements is an everyday occurrence on social media. In fact, it seems people do not feel the need to censor themselves online as they would in a face-to-face confrontation. This tendency to overlook the wisdom of considering the ramifications of a statement before posting opens a person up to allegations of committing a crime.
In California, it is illegal to make threatening statements that put another person in fear for his/her life.This offense is referred to as ‘criminal threat,’ and is an issue anytime a person makes a statement threatening harm or death. The threat must be specific and definite and put the other person in reasonable fear for their safety.
Conveying a threat via text or another form of electronic communication is within the definition of the crime. Importantly, the person issuing the statement does not need to have the ability to carry it out, which is particularly relevant to statements appearing online. This offense is classified as a wobbler under California, so it can be charged as a misdemeanor or felony.
Hacking/Unauthorized Access Laws and Punishments
Most people have heard of hacking and have some idea that it involves unauthorized access to computers, but most also assume that it is primarily limited to sophisticated overseas operations seeking to steal a person’s identity.
However, acts that potentially trip the law against the unauthorized access of a computer and its data do not need to be that refined. California criminalizes the intentional access of a computer without permission to take, copy or use its data. This means that accessing a friend’s social media and posting an embarrassing message may be forgivable, but also may qualify as a crime. This offense is also a wobbler, and subject to fines up to $10,000 and/or three years in county jail.
Online Transactions
Finally, finding buyers for unwanted items is one of the most convenient aspects of social media, and the vast majority of transactions conducted in this manner are well within the bounds of the law. Problems arise, though, when regulated items, such as firearms, are sold by an owner to another private citizen. The sale of firearms must be done through a licensed dealer, and sales between private individuals could lead to criminal charges.
However, various exceptions apply to the licensed dealer requirement, so a criminal defense attorney should be consulted if there is an issue. Unlike the other offenses mentioned, this offense is only chargeable as a misdemeanor, and brings fines up to $1,000 and/or six months in county jail.
Hire a Criminal Defense Attorney
Facing criminal charges is a serious and overwhelming situation that is best handled by an experienced criminal defense attorney. The attorneys at the Manshoory Law Group, APC in Los Angeles are ready to help you understand and navigate the criminal process.
They offer clients creative and aggressive defenses to obtain the best possible results. Attorneys are available 24/7. Contact us today for a free consultation.
The jury trial is a core component of the American judicial system, particularly as it applies to determining guilt or innocence in criminal trials. Having a group of peers, instead of a judge sitting in a position of authority, decide the final outcome lends the process a bit more fairness. However, delving into the criminal process should not be attempted without representation from an experienced criminal defense attorney.
Judges, lawyers, and juries make up key aspects of the trial process, but the focus is rarely on the function of a jury. People generally know that juries declare whether a defendant is guilty or not, but may not know about the rules that govern their service, including how they review evidence, or how each individual is selected.
Given the vital role, juries play in the criminal process, an overview of the selection process and purpose of the jury in criminal trials will follow below.
How Does Jury Selection Work in California?
Anyone accused of a crime is entitled to a trial by jury, and as a consequence, when the accused walks into the courtroom on the first day of trial, a jury is ready and waiting for the process to begin. But, how did these particular people end up sitting in the jury box? Jurors are meant to represent a cross-section of the community, and thus represent an approximation of who would qualify as peers of the accused.
Further, jurors need to have an unbiased view of the case at hand so a balanced and fair verdict can be issued. In order to find individuals who can objectively evaluate the relevant evidence and testimony, the prosecutor, defense attorney, and judge meet with a large group of prospective jurors before the trial starts.
During this meeting, the judge and attorneys ask each person various questions aimed at determining if he/she can be impartial if chosen to serve. Both attorneys have the ability to request dismissal of jurors if they believe a particular individual is biased, and also to dismiss a certain number, depending on the offense, for no cause.
However, the dismissal of a prospective juror cannot be based on the person’s sex, religion, or nationality. Once the prosecutor and defense can agree on 12 people, the jury panel is set, and the trial can move forward.
What is the Role and Rules of the Jury in a Criminal Defense Case?
The main job of a jury is to assess the evidence and testimony presented during the trial to determine if the prosecution proved the accused is guilty “beyond a reasonable doubt.” In order to keep this process as fair as possible, the jury is only permitted to consider the evidence introduced and the judge’s instructions.
The use of outside information or evidence to reach a verdict is never permitted. Importantly, jurors are not allowed to discuss any aspect of the case with anyone connected to the case or from the outside, other than other jurors, including the attorneys, witnesses, family members, or friends.
This prohibition is in place to prevent the juror from being influenced by outside information, and the judge has the ability to sequester a jury, usually in high-profile cases, if there is a reasonable fear the jurors could be tainted.
Once all the evidence and arguments from both sides are presented, the jury is sent off to debate the merits of the case, and reach a unanimous decision of guilty or not guilty.
The jury is permitted to ask the judge certain questions to assist with deliberations, as long as the attorneys are present, related to:
the case;
rehearing specific evidence; and
reexamining particular evidence.
Once the jury reaches a unanimous decision, or the judge decides further deliberations are unlikely to produce an agreement, deliberations end, and the verdict is read or a mistrial is declared.
Hire a Criminal Defense Attorney
Trying to face criminal charges without hiring a criminal defense lawyer is risky, and could directly affect both the verdict and imposed sentence. Manshoory Law Group, APC handles both State and federal criminal matters and will fight to get you the best possible outcome.
If you live in Los Angeles, contact the office today for assistance. Attorneys are available 24/7 to take your call.
Being accused of domestic violence by a partner or family member is devastating, and should prompt a call to a criminal defense attorney for representation. Emotionally, the accused must face the realization that the ones loved most do not trust him/her, and live through the fallout of having that label attached to his/her name. There is a real and damaging stigma associated with domestic violence that can alienate friends and family, and even jeopardize employment.
While there are legitimate cases of domestic abuse, they can be misused by spouses or family seeking to retaliate or hurt an accused abuser, as well as spouses seeking a divorce that wants to gain an upper hand in the proceedings. Jail sentences are often imposed for even first-time misdemeanor convictions, so it is important to challenge these allegations head-on and avoid potential punishment.
There are a number of offenses that fall under the domestic violence umbrella and having a basic understanding of what qualifies as domestic violence is important in the event a person is accused. Even more important, knowing ways to fight these charges in court could make the situation a little easier to bear. Both of these issues will be explored below.
What Type of Domestic Violence is Most Common?
Criminal statutes on domestic violence essentially elevate the prohibitions against assaulting, battering, or threatening violence when it involves a person’s fiancé, partner, spouse, or parent of the person’s child by imposing greater penalties.
A number of offenses are classified under the general category of domestic violence, but a few of the most common are corporal injury, domestic battery, and criminal threat.
Corporal injury is intentionally applying physical contact to an intimate partner that causes a “traumatic condition.” Markings as slight as a bruise or swelling qualify as a corporal injury because they leave a visible mark, and are applicable to both current and former intimate partners. This offense may be charged as a misdemeanor or felony, but some amount of jail time is highly likely.
Domestic battery also involves the willful infliction of physical force against a current or former intimate partner but does not require an injury to violate this law. The touching just needs to be harmful or offensive. Pushing a partner during an argument or grabbing and ripping a spouse’s shirt would be enough. This is a misdemeanor offense, though completion of a one-year batterer’s program is a common condition to avoid jail time.
Criminal threat occurs when a threat to kill or physically harm is made to an intimate partner that puts him/her in reasonable fear of his/her safety. The threat must be specific and clear and may be communicated verbally, in writing, or via electronic means. The accused does not have to intend to carry out the threat or have the ability to do so in order to be found guilty of this offense. Like a corporal injury, the criminal threat may be charged as a misdemeanor or felony, and if a weapon is involved, the sentence is automatically increased by one year.
How to Fight Domestic Violence Charges?
While contesting these allegations may seem next to impossible, there are a number of defenses that negate or excuse these charges. Self-defense or defense of others is usually the strongest defense an accused can claim.
This defense applies if the accused:
had a reasonable belief that he/she or someone else was in imminent danger of being harmed;
had a reasonable belief force was necessary to escape the harm; and
only used that amount of force that was necessary to escape the danger.
In addition, the accused can argue the touching was not willful, such as when a piece of broken glass inadvertently hits the other person. Finally, as noted above, these allegations are not always true, and an experienced Los Angeles domestic violence attorney will be able to bring out the falsity of these claims at trial.
Let Us Represent You in Your Domestic Violence Arrest!
If you are facing domestic violence charges, hire a criminal defense attorney as soon as possible. Prosecutors are known for forcefully prosecuting these cases, and asking for the maximum penalty. Conviction of a domestic violence offense will greatly affect your life going forward, so give yourself the best chance of avoiding this consequence by working with an experienced criminal defense attorney, like Manshoory Law Group, APC in Los Angeles.
Manshoory Law will fight for your rights and to get the best possible result. Attorneys are available 24/7. Contact us for a free consultation.
Most people facing criminal charges feel overwhelmed and burdened with surmounting a daunting, but essential and life-altering, task. If this is not the first time the person is facing a criminal conviction, he/she may wonder how/if prior convictions can be used in the current case.
Basing a person’s guilt on past behavior is considered unfair, and there are restrictions on when and how such information can be used at trial. But, it does remain relevant for certain purposes in any subsequent criminal proceedings a person faces.
A strong criminal defense lawyer is particularly needed in these situations to nullify, or at least mitigate, the effects of past convictions on a current criminal case.All criminal cases have multiple facets that are difficult to follow and understand for the accused and his/her family. Consequently, the more information these individuals have, the better prepared they are on how to best participate and the likely outcome of the case.
With that goal in mind, an overview of the influence of prior convictions on new criminal cases will follow below.
Admissibility of Prior Offenses at Pre-Trial
Law enforcement and prosecutors will always have access to a person’s complete criminal record, adult and juvenile, even if the prior convictions were expunged. Any prior convictions can have a direct effect on the type of charges filed against someone, and whether the prosecutor would consider offering or accepting a plea bargain. California has a number of “wobbler” offenses – crimes that can be charged as either a misdemeanor or felony.
Some examples of crimes that fall into this category include:
The prosecutor considers the specific facts of the case and past criminal convictions when deciding how to charge someone accused of a crime. The seriousness and extent of prior convictions will heavily influence the prosecutor’s decision.
In addition, if a prior conviction included probation or parole, a new arrest or criminal charge could violate the terms of release and result in the person being sent to jail.
Prior Convictions Impact During The Trial Phase
During a trial, the State is generally prohibited from bringing up prior convictions to prevent past behavior from unduly influencing the jury’s verdict. This is called ‘character evidence‘ and even includes bad acts that did not result in criminal charges or convictions.
There are exceptions to the rule that excludes this evidence that tends to come into play more when a defendant decides to testify on his/her own behalf. In that situation, prosecutors may be allowed to ask about previous convictions if it relates to the person’s reliability as a witness or propensity, to tell the truth.
In addition, this type of evidence can be used to show something other than the accused committed a crime, such as that he/she:
possessed a motive to commit the crime
had an intent or plan to commit the crime
had the opportunity to commit the crime
Further, some additional and important exceptions to the prohibition on the use of character evidence specifically apply to cases involving sex crimes, domestic violence, elder abuse, or child abuse.
In these cases, prosecutors are permitted to introduce evidence of previous similar crimes regardless of any testimony or evidence presented by the defense.
The Role Of A Criminal Defense Attorney
Facing criminal charges of any type is a serious situation because of the potential loss of liberty and other rights. By hiring an experienced criminal defense attorney, you greatly increase your chances of reducing or eliminating the pending criminal charges so the impact on your life is as minimal as possible.
Manshoory Law Group, APC represents clients in Los Angeles and will use all available resources to bring you the best possible result. Attorneys are available 24/7. Contact us today for a free consultation.
We use cookies to personalize content and ads, to provide social media features and to analyze our traffic. We also share information about your use of our site with our advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services. Agree
Privacy & Cookies Policy
Privacy Overview
This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
