Criminal Law Blog

Can You Go to Jail for Stealthing?

Is Stealthing Illegal?

The law makes very few restrictions on sexual acts that take place between consenting adults. People are free to engage in sexual activity as long as it does not harm anyone; harm occurs when one of the people involved in the activity does not or cannot consent to the act. Consent is what separates sexuality from sex crimes. 

Non-consensual sex acts do not always involve physical coercion or threats of violence; sometimes they are non-consensual because the victim’s age or state of health made them unable to provide meaningful consent. Likewise, a sexual act is non-consensual if the aggressor verbally deceives the victim about what is happening or will happen.  If you are facing charges for engaging in a sex act without the victim’s consent, contact a Los Angeles sexual assault and battery lawyer.

What the Proposed Anti-Stealthing Law Does and Does Not Say?

California Penal Code 243.4 currently defines the crime of sexual battery as touching intimate parts of a victim’s body without the victim’s consent.

It includes all of the following in the definition of lack of consent:

• The perpetrator or an accomplice physically restrained the victim
• The victim was asleep or unconscious
• The victim has a severe disability that precludes them from the ability to consent
• The victim verbally expresses their lack of consent

What if the victim consents to penetrative sexual contact but not to unprotected sex?  In other words, what if the victim consents to sex while the perpetrator is wearing a condom, but the perpetrator then removes the condom without the victim’s knowledge?  Does that mean that the sexual act became non-consensual once it became unprotected? 

The practice of “stealthing,” that is, removing a condom during sex without one’s partner’s knowledge, is disturbingly common, but until now, it has existed in a legal gray area.

The discovery of the HIV virus has changed the conversation around consent.  Even with the widespread availability of HIV testing, antiretroviral medications that make the virus much less transmissible, and pre-exposure prophylaxis (PrEP), unprotected sex carries a greater risk of HIV transmission than using condoms.  In other words, someone who consents to protected sex is accepting a different level of HIV exposure risk than someone who consents to unprotected sex.

California Governor Gavin Newsom is currently imposing a bill that would include stealthing in the civil definition of sexual battery but not the criminal definition.  Therefore, victims of stealthing could sue their assailants in civil court, but the court could not send you to jail for stealthing.  Likewise, getting sued for stealthing would not mean that you would have to register as a sex offender.

Contact the Manshoory Law Group About Allegations of Sexual Battery

A criminal defense lawyer can help you if you are being accused of sexual battery, but you believe that the act was consensual.  Your initial consultation is always Free, so contact our attorneys at Manshoory Law Group in Los Angeles, California, or call (877)977-7750 to discuss your case.

Will You Be Convicted If You “Stand Your Ground” in California?

It is essential that you have the ability to keep yourself and your family safe. When a self-defense situation comes about, the means by which you are legally able to protect yourself or your loved ones can vary by state.

In the state of California, you are within your right to “Stand Your Ground” and use force instead of retreating when you are in a perilous situation. While no formal state statutes exist where this is written, courts have referred to case law to acknowledge a person’s right to engage in the use of force inside and outside their home.

It is critically important that if you are facing criminally violent charges in California that you don’t brush them off, but rather, take them very seriously. Calling the Manshoory Law Group is a good start. Shaheen F. Manshoory is an aggressive and competent trial attorney in Los Angeles who specializes in criminal defense law in the state of California.

The skilled legal team at the Manshoory Law Group is dedicated to fighting to protect the rights and freedoms of individuals facing criminal charges in Orange County, California, and other surrounding areas.

What are California’s Stand Your Ground Laws?

 If you are in a situation where you reasonably feel threatened or if you believe that another person is in serious danger you have the right to respond with force against an assailant. When the perils you or another party faces are imminent and you believe your life or the life of another party is at risk, you may use deadly force.

Even if you had the purest of intentions simply wanting to defend yourself or your loved one against another party’s aggression, it is still possible to be convicted of a violent crime in California and sent to jail.

If you are arrested for violent actions you took against another party in self-defense you will go to court. There will be an aggressive prosecutor trying to secure your guilt. To do so, that prosecutor will have to clearly show that the actions you took were not in self-defense.

It is lawful to engage in self-defense actions when the following is true:

• There is a reasonable belief that a situation poses an imminent danger of harming a person. In a position where your life was in jeopardy, you could sustain physical bodily harm, or be touched in an unlawful way.
• There is a reasonable belief that quick action of force must be taken to defend against the imminent danger. Your thoughts about your position were rational and reasonable as to why you acted forcefully to avoid death, physical harm, or unwarranted touching.
• The amount of force used against the imminent danger was a reasonable amount. You didn’t use an excessive amount of force to stop the danger you reasonably believed was coming your way. Instead, you used an understandable amount of force only to prevent another party from hurting you.

Self Defense and “Stand Your Ground”

California’s self-defense case law explains that the use of force can happen when a person’s fear of harm was reasonable and that the details of their situation call for instant action in response. The actions that a person takes to defend themselves must be aligned with what any other reasonable person would do in the same situation. When a case goes to court over the use of force one party inflicts on another, every detail of the situation is scrutinized.

The facts will be examined to determine if the situation was dangerous and if the response to the danger was appropriate.

You are lawfully allowed in California to use deadly force if it was reasonably necessary to protect yourself or another party. When you are in a situation where the danger you are facing is imminent and you reasonably believe that you risk significant harm and physical bodily injuries you may react appropriately to stay safe. You are also allowed to use a reasonable amount of force to protect property or possessions that are believed to be in harm’s way. If you are defending your home or a piece of property where an assailant is intent on committing a felony deadly force may be used. The other time when deadly force may be utilized is when you are defending your home or property against a person that is trying to enter and hurt someone inside.

California “Stand Your Ground” Laws mean that you do not have to retreat in the face of danger. You can though, defend yourself physically if necessary until you can get the threat to leave if the threat faced is believed to be something that you think will cause you physical bodily harm. 

Even in cases where retreating could have been a practical reaction, people in the state of California are not required to run away from a threat. Confronting a perceived threat could fall under “Stand Your Ground” Laws.

Speak to a Los Angeles Criminal Defense Attorney Today

If you are making the case for self-defense, you need to have the jury believe that the way you acted was reasonable for anyone to respond in the same situation. The jury needs to believe that another party in the same circumstances would also feel immediate danger and would counter that situation with similar actions.

Having a persuasive and knowledgeable Los Angeles criminal defense attorney is a good way to improve your chances of making this happen. Call the Los Angeles criminal defense lawyers today to discuss your case at (877) 977-7750.

Harvey Weinstein Gets One Count of Sexual Battery Against Him Dismissed

The case against Harvey Weinstein for sexual assault and battery that several women have made against him has made prime-time news. It has also remained in the news as his trial lingers on. With more prominent men being called out for improper or even criminal behavior, the question remains, does a woman’s claim always lead to a guilty verdict for a man she is accusing?  

Sexual assault cases can be highly tense and emotional. There are many who have very passionate feelings about how men have used their influence over women to take advantage of them and harm them sexually. Overcoming a sexual assault charge in Los Angeles or anywhere else is not easy. Once a claim has been made, even if it can be proven illegitimate, these assertions can still weigh heavy on a person’s life for the long term. 

Today, it is commonly said to “always believe the woman”. While many women are brave for coming forward and telling their stories, not every accuser is credible or honest. Specifically, when it comes to famous and powerful people, the craving for money and notoriety could be the outcome some accusers are seeking.

This is something that is seen often, where reasonable and trustworthy accusers are lumped in with those that are trying to take advantage of the situation and deceive for their own personal gain. It is important to carefully approach these cases with care and detail so that the best outcome can result for defendants facing such egregious and life-altering allegations.

How Did Harvey Weinstein Get an Accuser’s Sexual Assault Claims Dismissed?

Weinstein is a famous movie producer, who was indicted on 11 counts of rape and forcible oral copulation. Harvey Weinstein’s criminal defense team claimed that there were at least three of these criminal complaints that were filed after the statute of limitations had expired. The statute of limitations is the period of time that a person has to file a claim against another party.

There is a defined timeframe that both civil and criminal suits can be legally filed against someone else. If a claim is filed outside of that specific time frame, then it is likely that the court will throw the case out, and plaintiffs will not have the ability to recover financial compensation or punitive repercussions.

Each state has its own laws with regard to what the statute of limitations is for specific actions. For example, a personal injury claim in California has a statute of limitation that typically is two years from the date that the injury accident took place. The California statute of limitations for the charges in question for Harvey Weinstein is 10 years.

Harvey Weinstein’s criminal defense attorneys argued to have three charges thrown out because filings were made outside of the statute of limitations. However, Lisa Lench, the judge in the case, did not permit two charges to be dismissed under these arguments that took place between 2004 and 2005. The judge did though, permit one claim that alleged sexual battery took place in 2010 to be dropped.

While the job that Harvey Weinstein’s attorneys have to clear his name is going to be challenging, the one thing the movie mogul has on his side is his talented and experienced legal defense team fighting for him.

Contact a Los Angeles Sex Crime Attorney

If you have been charged with sex crimes in California, you could face very serious legal repercussions not to mention social disgrace and implications if you are convicted. The Los Angeles sex crime defense attorneys at the Manshoory Law Group can help.

Due to the significant damage that can happen to your life if you are convicted of sex crimes in California, it is imperative that you have the most effective and qualified Los Angeles criminal defense attorneys protecting your interests. Contact our attorneys today to schedule your Free Consultation at (877) 977-7750.

Should a Defendant Testify in Their Own Los Angeles Criminal Case?

Robert Durst, the New York real estate beneficiary is going to, in a rare twist of events, actually testify in his own criminal murder case in a Los Angeles County Court. Robert Durst will become a critical component of his own defense strategy. Many murder trials avoid having the defendant testify, yet Durst’s team has suggested they want him to speak before the court.

While having a defendant being charged with murder testify as a part of their own defense strategy is extremely risky, it has been successful for some defendants. This is specifically true with respect to Durst’s questionable past. Durst isn’t just going on the stand to defend himself for one murder, he has done this before. The real estate heir was previously charged with killing his neighbor in the early 2000s. Even though Durst did say that he dismembered the man and threw his body parts away, Rober Durst was still found not guilty of murder.

Whether it is the decision to testify as a defendant or to stay quiet, a qualified and skilled Los Angeles criminal defense attorney will be best positioned to determine the right strategy for success. Rober Durst’s attorneys made the bet before and it worked out. Potentially, they believe that the same circumstances make sense for his current murder trial. Only time will tell, but what Durst knows is what many criminal defendants must understand. This is that the quality of your legal defense is what sits between your freedoms and liberties and your incarceration. 

Why Would Your Attorney Keep You From Testifying in Your California Criminal Case?

Typically, if you declare you are not guilty of doing something you are accused of, you shouldn’t go around yelling about how innocent you are. Most of the time in criminal trials, criminal defense attorneys will keep their clients from testifying in court. Defendants are not legally required to testify so if there is no reason for this to happen it doesn’t have to. There are no real grounds for a person to get on a stand and potentially harm their case if they do not have to be there in the first place.

Some situations warrant a defendant to testify. This would be when there is the case of a reasonable, emotional, and bond-worthy story that a defendant has to tell which could make their case to the jury. Even still, a moving defendant can face serious risks when it comes to the outcome of their case.

Because the burden of proof to find guilt is on the prosecution, once the person accused of a crime goes on the stand, now they are taking some heat off of the prosecution. Even if the story a defendant is giving is truthful, if a jury cannot connect with the defendant or doesn’t like them, then it is highly likely a guilty verdict will result. 

In the absence of a defendant testifying, it is all upon their attorney to deconstruct the prosecution’s case. When this happens no personal feelings of a juror to the defendant will be present. When a defendant has a competent defense, breaking down the prosecution’s case without having a defendant testify, is much more viable and more likely to result in a favorable outcome.

Speak with a Los Angeles Criminal Defense Attorney Today

The Manshoory Law Group is strictly focused on only working on criminal defense cases in Los Angeles. The skilled Los Angeles criminal defense attorneys at the Manshoory Law Group know how to handle tough and aggressive prosecution against you if you have been charged with a crime. To schedule a free consultation with the Manshoory Law Group to discuss your Los Angeles criminal charges, please call (877) 977-7750.

How are California Fines and Restitution Different?

What are Fine and Restitution?

Being arrested in California is not only unfortunate and puts you at a disadvantage when you have a criminal record or have to spend time in jail, but it can also be expensive. Oftentimes, people do not realize the financial burden that comes with a California arrest and conviction. Depending on the nature of the crime you were convicted of, you may have to pay either a fine or be ordered to pay restitution. In some cases, your punishment may include having to pay both.

The best possible outcome after an arrest is to have your charges dropped and your case was thrown out. To accomplish this goal you will need the very best and most competent legal counsel. The Los Angeles criminal defense attorneys at the Manshoory Law Group have the background, the skill, and the know-how to examine your case and put together a winning strategy that protects your rights and yields the desired results.

What is the Difference Between Fines and Restitution in California?

Both fines and restitution are essentially bills you have to pay. Who you pay them to and why you are paying them to define the difference between the two. Fines that you were ordered to pay will go to the state or federal government. Whichever of these two government entities was prosecuting your case is who will gain the proceeds from your fine.

Restitution, on the other hand, is paid to the victim of the crime that you were convicted of. The money you pay to victims is to help victims recoup the financial losses they suffered as a result of your actions. Sometimes, you don’t pay restitution to a particular victim but instead, pay to a crime fund for victims.

First-time offenders tend to be ordered to pay some amount of money in the form of a fine. People who have committed minor crimes that were non-violent can also be ordered to pay a fine in California. For more serious crimes, restitution can come into play.

For example, if you were convicted of a California battery charge and your victim had to seek medical treatment and psychological counseling to overcome the incident and heal, the money you pay will reimburse the victim for the cost of medical care they received. Medical treatment is very expensive and so the amount of restitution that you may have to pay could be quite costly.

Your ability to pay restitution will be considered by the court when calculating the amount that they hand down to you. It is imperative that you pay your fines and restitution because if you do not, you may be sent to jail. In addition, the government can take significant actions against you like garnishing your wages, seizing your property, and selling it off, and they can even put a lien on any property you own.

Speak to a Los Angeles Criminal Attorney Today

When the Los Angeles criminal defense lawyers at the Manshoory Law Group review your case, if fines and restitution apply, then there is the possibility that either or both could be lessened or even waived.

Talk to an attorney in Los Angeles at the Manshoory Law Group today during a free initial case evaluation by calling (877) 977-7750.

Your Rights When Questioned by Police but Not Charged

Wondering if you have to speak to the police when you are arrested and in situations where you are being questioned by police but not charged is logical and reasonable. Many people are arrested every day and questioned by authorities that have never experienced a run-in with the police and who have no idea what to do. The same is true for people being questioned by authorities who also aren’t sure about how to respond.

The reality is this, you have the right to remain silent whether you are being put under arrest in Los Angeles or if you are simply being asked questions by a police officer who is not arresting you. 

Ask any criminal defense attorney in Los Angeles and they will tell you the same thing, never speak to the police after an arrest without your attorney present. Any single statement or word you use when you speak to law enforcement will be supplied to the prosecutor assigned to your case.

Criminal prosecutors are very savvy and they know how to take what you say and misconstrue it so that it makes you look guilty. The Manshoory Law Group has the Southern California criminal defense lawyers you want sitting by your side, protecting you from harm, and fighting so that you beat your charges and see your full legal justice.

Do you Have to Answer Police Questions?

Both individuals who are being put under arrest and those who are not do not have to say anything to the police. In some situations, the police may visit your home, for example, to ask you questions concerning a case they are working on. When they do this they believe that you have valuable information that could help their investigation.

While you may not immediately be suspected of a crime, potentially law enforcement may determine that you should be a suspect for some reason. In this case, what you said to them when they initially came to your home can be used against you. So if you think that this is a situation that you are in, declining to provide information is going to be in your best interest.

There are many situations when the authorities talk to you about a situation that if you decide to work with them, will not come back to harm you. However, if you are arrested for a crime or if you suspect that you could be implicated in one, it is the best course of action not to speak to the police. It can be very confusing if you aren’t being put under arrest because the officer will not read you your Miranda Rights when they come to question you the way that they would if you were being actively arrested. So knowing this in advance, may be helpful.

Watch the Video to learn more.

Speak to a Los Angeles Criminal Defense Attorney Today

You do not have to provide any information that could put your freedom in jeopardy. To best preserve your rights and help you get the best possible outcome from your Los Angeles arrest, contact us at Manshoory Law Group. The Los Angeles defense attorneys at Manshoory Law Group will meet with you and discuss your case during a free consultation at (877) 977-7750.

You Could Lose Your Job After a California Domestic Violence Charge

Domestic violence charges in California can have far-reaching effects on your life outside of any potential criminal penalties you face. Your personal relationships with others and even your career can be affected if you are convicted of such actions.

If you are currently unemployed and looking for a job, California domestic violence charges can keep you from obtaining gainful employment to earn an honest living.

The implications that domestic violence charges can have on a person could bleed into their personal life, including their ability to keep their job. This means that your livelihood can be negatively affected by domestic violence charges even if they are false. It is important to work with a California criminal defense attorney when you are facing domestic violence charges in Los Angeles, but not every attorney is the same.

The Los Angeles domestic violence defense attorneys at the Manshoory Law Group only work on criminal defense. There is no other niche of law that the experienced Los Angeles criminal defense lawyers at the Manshoory Law Group focus on other than defending individuals from criminal charges.

When your life is in limbo after an arrest, it is imperative you have the best, most attentive criminal defense available.

Will Your Job Be Affected By a California Domestic Violence Charge?

Several laws have been put in place to protect people from unfair discrimination. This includes laws that protect individuals from being fired from their job simply because an employer has a poor opinion about anything they heard about a person. That being said, if you are convicted of domestic violence in California there are no laws that can stop your employer from firing you because of it.

This means that the best way to protect and preserve your rights if someone is accusing you of domestic violence is to get an experienced Los Angeles criminal defense lawyer as soon as you can.

In some professions, it may be required that you come clean about any arrests you have undergone. For the most part though, if you are arrested for an alleged crime, your employer will not be notified about it or even know it happened. The problem arises when you need to take time away from work for court proceedings and other legal matters related to your arrest.

When you need to invest a significant amount of time in your legal situation, it may be best to tell your employer what is going on in your life. Not only does this show your employer your honesty and transparency, but it also helps them understand why you are asking for time away from work. Additionally, it gives you the opportunity to explain your side of the story which could stop any potential future firing from taking place.

Speak with a Los Angeles Criminal Defense Attorney Today

Being charged and convicted of California domestic violence means that you will never be able to erase this blemish from your record. Potentially, expungement in California may be the best way to resolve this issue, but only those people who are qualified for it will have a chance at it.

This will only be possible if your conviction was at the misdemeanor level, so if you were convicted of a felony, then it is a whole new ball game. For all of your questions and for the most talented and proficient Los Angeles legal defense, contact us to schedule your free case evaluation at (877) 977-7750.

What Happens When You Violate Parole for the First Time

Generally, first-time offenders whose crimes are not egregious and instead, minor in nature, have the benefit of potentially being penalized in a less harsh manner than those who have a long history of crimes and commit crimes that are heinous. When you are convicted of a crime in California that comes with jail time, you may be sentenced to jail or you could be given probation. Most defendants, when given the opportunity, will choose probation if they can get it.

Across the United States, there are approximately 4.5 million people that are serving time from a crime through probation and parole supervision. The Council of State Governments Justice Center did a study and they found that as high as 45% of people that are sent to jail have this happen to them because they were in violation of their probation.

When it comes to first-time violators of probation conditions in California, there is the potential that probation can be revoked and a person will be sent to serve the rest of their sentence in jail. There is also the possibility that a person who violates their probation for the first time will not be sent to jail, and this largely depends on your probation officer and what violations you committed.

When will a First Time Violator be Sent to Jail if They Violate Probation in California?

If you were given probation it is incredibly important that you fully understand the terms of your sentence. Your California criminal defense attorney can explain to you what is expected when you are on probation as well as answer any questions you have about the sentence so that you can reduce the chances of engaging in a violation.

The Manshoory Law Group has qualified and experienced Los Angeles criminal defense attorneys that provide the most effective and highest-quality legal counsel and criminal defense services. The California criminal defense lawyers at the Manshoory Law Group will fight to protect your rights and future by keeping you completely informed on every aspect of the criminal process and what your responsibilities are.

If you are guilty of violating your parole for the first time, any of the following can result:

• Your probation officer will assess your violations and they may decide that the infractions are negligible and so they will just give you a talking to and leave it at that.
• Your probation officer will determine that your actions warrant the courts to get involved. When this happens, it is often a red flag that your probation officer believes that you deserve stricter punishment including withdrawal of probation for jail time. When a court day is established, you have to go because if you don’t a warrant will be issued for your arrest.
• Potentially you will get a formal court hearing where a judge will listen to your defense of why you committed the violations.
• A judge may decide to extend your probation longer than the original amount of time, you may be assigned to community service or have more hours added onto your current requirement, or you could be forced to enter into treatment for substance or mental health conditions.

Speak with a Los Angeles Criminal Defense Attorney Today

The Manshoory Law Group has the most skilled criminal defense lawyers in Los Angeles who know how to get the best results for people who are caught up in the California criminal justice system. Schedule your free, initial case evaluation today with the Manshoory Law Group by calling (877) 977-7750.

What are the Most Common Crimes in California?

How the Crime Rate in California Compares to the Other States

Crimes are committed every day across the country and in the state of California. In terms of size, California is the third-largest state in the country and when it comes to population, California has the most residents of any other state.

When compared to the rest of the nation:

• The state’s murder rate is just below the national average.
• The state’s rape rate is lower than the national average.
• The state’s robbery rate is significantly higher than the national average.
• The state’s assault rate is higher than the national average.
• The state’s burglary rate is much higher than the national average.
• The state’s theft rate is a bit lower than the national average.
• The state’s car theft rate is much higher than the national average.

If you were arrested in California, you need effective and dedicated legal representation to overcome your charges and secure the best possible outcome. The Manshoory Law Group is a Los Angeles criminal defense law firm that has your best interests in mind and is dedicated to finding ways to reduce your charges or have your case thrown out.

Most Common Crimes in California

Each day, people are arrested and accused of committing crimes in California. The majority of crimes that are committed most often tend to be misdemeanors. The following crimes happen with higher frequency in the state:

Even though it is legal to have and use marijuana, there are limits on how much a person can have in their possession. There are also age limits as to how old a person must be to use marijuana. If you violate these guidelines you will be arrested.

Violence purposely committed on individuals that live together or have some type of intimate relationship with each other such as spouses or family members is considered domestic battery and is illegal.

• Driving while intoxicated on drugs, alcohol, or both are not only incredibly dangerous but it is unlawful.
• Stealing merchandise from a store or other business that is valued under $950 will result in shoplifting charges.
• Using someone else’s credit card fraudulently and deceptively is credit card fraud.

First-time offenders will tend to get the lower of the punishment assessed with the crimes committed. Subsequent crimes that are done by the same person will have much harsher consequences. Penalties can include increasingly expensive fines, time in jail, probation, suspension of driver’s license, community service, and mandatory drug counseling.

Very serious crimes like murder were punishable by death. However, in 2019, Governor Gavin Newsom put a moratorium on the death penalty by way of the executive order. Governor Newsom’s executive actions gave people on death row a reprieve and requested getting rid of lethal injection and shutting down the San Quentin State Prison’s execution chamber.

Speak with a Los Angeles Attorney Today

The Manshoory Law group could advocate on your behalf if you were arrested for a minor crime or a very serious offense in the greater Los Angeles region. The Los Angeles criminal defense attorneys at the Manshoory Law Group understand what it takes to build a strong defense plan and have the resources and relationships in place to support it.

You can schedule a meeting with one of the talented California criminal defense attorneys at the Manshoory Law Group to discuss your case free of charge by calling (877) 977-7750.

Why are California Gun Laws So Strict

Responsible people who want more freedom with their second amendment rights will likely want to live in a state that has fewer restrictions on gun ownership and usage. By contrast, individuals who are opposed to gun ownership may like to live in a state that has very strict gun control laws.

When it comes to the state of California, the gun laws are firm and quite stringent. As such, the Giffords Law Center ranks the state number one with respect to strong gun laws when compared to all other states in the nation and also grades it with an A. By contrast, Mississippi is ranked number 50 in the nation for gun law strength, and the law center gives Mississippi an F.

Under the Second Amendment to the United States Constitution, you have the right to carry a gun in California. However, it is important to understand the state’s tough laws so that you use your gun lawfully and do not get caught up in the criminal justice system.

The laws are constantly changing and staying up-to-date on how to continue to be a responsible gun owner is necessary. Otherwise, you could unwittingly violate new or adjusted legislation and be put under arrest. If you have been arrested for California gun law violations or any other alleged crimes it is best to speak with a Los Angeles gun defense attorney immediately.

Which States Have the Most Lenient Gun Laws?

 Gun sales can ebb and flow depending on what is happening in the country and around the world. For example, the pandemic caused a surge in the number of guns that both Americans and our neighbors to the north, the Canadians were buying.

As of 2020, veteran gun owners and new gun owners have been best welcomed with their firearms in the following states:

1. Arizona
2. Idaho
3. Alaska
4. Kansas
5. Oklahoma

Gun Owners are going to have a lower risk for issues with the law in these states because the gun laws tend to be more lenient, there are fewer bans, and there is greater flexibility.

While individuals that have guns in the following states will have more barriers and hurdles to legal gun ownership:

1. California
2. New Jersey
3. Massachusetts
4. Hawaii
5. New York

If you make a mistake with your firearm in California, you could be arrested. The stakes are very high should that happen because the repercussions and penalties can be dire and negatively impact your life in the long term. Even the most innocent error could be a breach of California’s gun control laws.

So your best protection from these negative consequences is to get to know the law. Should you have an issue, then it is imperative that you work with a knowledgeable and proficient Los Angeles criminal defense attorney.

Who Cannot Possess a Firearm in California?

California law prohibits certain people from possessing guns and ammunition. Examples of when an individual would fall under this prohibition include:

• anyone convicted of a felony
• a person with two or more convictions for brandishing a weapon
• persons convicted of certain misdemeanors
• minors.

The bill currently before the governor would add misdemeanor convictions for hate crimes to this list. The ban on owning guns for designated misdemeanors is for 10 years following the conviction, and violations are classified as a crime subject to up to one year in State prison or county jail and/or a fine of up to $1,000.

The other bill under consideration would ban openly carrying unloaded firearms (rifles and shotguns), other than handguns, which is a separate offense, in a public place or street within unincorporated areas of a county. A conviction for violating this provision could mean up to a year in jail and/or a fine of up to $1,000.

A conviction for either proposed offense would have long-term consequences, such as job and housing prospects. To avoid this harsh result, the services of an experienced criminal defense attorney should be secured to strongly fight any charge.

Where Are Firearms Currently Prohibited in California?

Present law prohibits carrying unloaded handguns in public places or streets within an incorporated city or county, and in public places where firearms are prohibited generally, including:

• school grounds
• government buildings
• airports
• public transit facilities

Further, carrying a loaded firearm anywhere is a crime, even if the gun is inoperable, but the defendant must know the gun was loaded in order to be convicted. Further, the open carry of weapons is generally prohibited except in unincorporated areas where open carry is not illegal, and this exception is what the proposed bill mentioned above is trying to eliminate.

The gun laws in California are highly complex and frequently change, making it easy to unknowingly violate the law. A criminal defense attorney is trained in defending gun charges, and, depending on the circumstances, can succeed in having charges reduced or dismissed.

Speak with a Los Angeles Criminal Defense Attorney Today

The Manshoory Law Group only works on criminal defense cases including preserving and securing the rights and freedoms of individuals accused of gun crimes in California.

When you work with the Los Angeles criminal defense attorneys at the Manshoory Law Group you will be in good hands and have the best chance to overcome your charges and obtain the most desirable outcome.

To schedule a free case evaluation with the Manshoory Law Group, please call (877) 977-7750.

How to Get House Arrest Instead of Jail Time

What is House Arrest?

You wouldn’t be alone if you were convicted of a crime in California and you preferred to serve your time in your home rather than in jail. Many individuals are unaware of their rights and options after a conviction.

Some crimes, not all, that involve jail time may have the potential for alternative sentencing like home detention. Working with the right legal team who knows how to effectively argue on your behalf for house arrest will increase your chances of obtaining this favored outcome.

It is critically important that you work with the most astute and experienced Los Angeles, criminal defense attorney, after your conviction because judges tend not to readily offer up opportunities for alternative sentencing. It is the responsibility of your attorney to know when an alternative sentence applies so that they can request it for you.

Further, even when a lawyer seeks alternative sentencing it is often denied. It takes a proficient and convincing attorney to coax a judge and prosecutor into believing that you merit the right to serve your time in your own home.

The capable and savvy Los Angeles criminal defense attorneys at the Manshoory Law know how to secure the best possible results for individuals convicted of crimes in California.

Who Qualifies for House Arrest

House arrest may be issued to individuals under the following conditions:

• The individual is non-violent.
• The individual is not a threat to the public and is low-risk.
• The individual has not been forbidden from the opportunity to be given home detention.
• The individual’s residence during their home detention sentence is local to the county that they were sentenced.
• The individual has a land-line telephone in the home that they are serving their time.
• The individual may have to pay for the total cost or a portion of the cost associated with their home detention.

What are the House Arrest Rules in California?

When house arrest in California is issued, there are several rules that you will have to follow. It is incredibly important that you abide by all of the guidelines for your home arrest. Should you violate any of these rules, you will lose your ability to serve your time at home and will be sent to jail for the remainder of your sentence.

To better understand what rules are associated with home detention in California, consider the following:

• You must stay inside your home at all times. Spending time relaxing outside in your backyard, for example, could be considered a violation.
• You will be monitored 24/7 through a GPS tracker or an electric ankle bracelet. If you fiddle with these devices or there are any irregularities identified, you can be in jeopardy of losing your home arrest privileges.
• If the judge believes you have an alcohol or drug problem, you may have to also wear an alcohol-monitoring bracelet or a drug patch.
• If you were permitted the ability to leave your home to go to specific approved locations, you can only go to these places. You will also be limited in the time you are allowed to be away from your home when you leave.

How to Request House Arrest

The talented legal team at the Manshoory Law Group will find every way possible to effectively defend you. The Manshoory Law Group will always search for and fight for the best possible results. Call the Los Angeles attorneys at the Manshoory Law Group to schedule your free consultation at (877) 977-7750.