Trusted Criminal Defense Attorneys In Southern California
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It’s important to know your rights to react appropriately in encounters with the police. You have to know your rights when you get arrested, for example, to protect yourself. People who don’t know their rights can often make mistakes, saying things they later regret or agreeing to actions that they don’t need to agree with, simply because they weren’t aware that they had a right to refuse.
One of the most common situations in which this may happen is when you get stopped by police on the road. Many people aren’t sure about the specifics of this situation. Can police search your car without your consent?Can a cop search your car without a warrant? And what counts as an illegal search of the vehicle? This guide will answer all of the common questions on the subject.
Vehicle Search and Seizure Laws in California
Searches and seizures of cars and other vehicles may take place in a variety of situations, and it’s important to know that the specifics can vary from location to location. The California search and seizure laws, for instance, may be different from those in a different state.
In general, the police do have the power to pull over cars when they have a reasonable cause for doing so and may request to search the vehicle, obtain a warrant to search the car if the owner refuses, or carry out a warrantless search, depending on the circumstances.
They’ll often do this when they have probable cause to search a car, like if they believe that a weapon or criminal evidence may be found in the car, or if they can clearly see illegal substances or weapons in plain view. So if you’re wondering “Can police search your car if they see something illegal through the windows?”then the answer is a definitive yes.
Fourth Amendment Rights
The Fourth Amendment to the Constitution is what gives car owners protection against unreasonable searches. This essentially exists to protect people against random or arbitrary vehicle searches and invasions of their private spaces without any reason or cause.
The main reason why the Fourth Amendment was introduced was to prevent people from having to worry about unreasonable or unjustified searches. It is designed to act as a form of protection for the public and is an integral part of nationwide automobile search rules.
Vehicles as Private Spaces
Originally, the Fourth Amendment only covered homesas ‘private spaces’, but the specifics of the amendment were adjusted to incorporate a person’s car or personal vehicle too. In theory, this can offer protection against an illegal search of vehicles, but history has shown that cars aren’t as well protected as homes.
Can Police Search Car Without Warrant?
So can police search your car without having a warrant? Well, yes, as it’s not always necessary for police to have a warrant to conduct and carry out vehicle searches.
Automobile search rules on this subject have been a little vague over the years, but in 2009, the Supreme Court made a ruling that helped to clarify the situation regarding legal vehicle searches and illegal search and seizure in vehicles.
Police can search a car without any kind of warrant in these situations:
If the driver has provided consent for a warrantless search
If the officers have probable cause to indicate that illegal activity or criminal evidence could be found in the vehicle
If the officer feels that their safety is in jeopardy from a concealed weapon or other threat
If you are being arrested and the search is a relevant part of the arrest process
What Happens If Police Damage My Automobile During the Search?
This is something of a gray area, and there have been different cases in which people have made claims and gone to court after their possessions or property were damaged in vehicle searches.
In general, if the police have probable cause to search a car, search it, find illegal substances, and do some damage in the process, the owner of the car usually doesn’t have much legal leeway to get any kind of reimbursement.
However, if nothing is found and no law has been broken, the owner of the car can file a claim and potentially take the matter to court with the help of a Los Angeles criminal defense lawyer.
Judges are people and people have flaws, there is no such thing as a perfect human being. When it comes to making rulings, even judges can make errors or issue bad decisions. Prosecutors aren’t without their flaws either, and they can engage in unethical and questionable behavior. Potentially your own defense lawyer can misrepresent you and inadequately serve your interests. Juries, even when trying to get it right, may turn in an unfair and even incorrect verdict.
When you have had to endure any of these unfair circumstances and this caused you to be convicted of a crime, don’t give up hope. You are not out of options and you can take steps to undo the wrongs that took place in your case. Appealing your conviction, if successful, can help you preserve your freedoms and protect your legal justice. If even one of these circumstances above happened to you, you are entitled to appeal the conviction.
The Manshoory Law Group is a California criminal defense law firm that is dedicated to helping aggrieved individuals overcome their charges and get a second chance at life and a better future. The court where your case is seen for an appeal will depend on the type of crime you committed. Potentially, you can have your case seen at as high of a court as the United States Supreme Court. To ensure that you are properly represented and that your argument is artfully explained and litigated, count on the Los Angeles criminal appellate attorneys at the Manshoory Law Group.
Where Will You Appeal Your California Criminal Conviction?
If you are appealing a California misdemeanor conviction you would be seen at the Appellate Division of the Superior Court. When you are appealing a California felony conviction then you would be seen at the California Court of Appeal. If you were charged and convicted of a federal crime and wanted to make a federal appeal for that verdict you would go to the United States Court of Appeal for the Ninth Circuit. Should it be necessary, your appeal could go to the Supreme Court to be adjudicated.
It is valuable to mention that your appeal doesn’t mean that you are going to have a whole new trial. You are not. This is not what the appeals process is for or how it operates. The higher court where your appeal is seen will simply review your conviction decision.You will not have the opportunity to present new evidence, your case will not be retried, and no witnesses will be heard.
Speak with a California Criminal Defense Attorney Today
Typically, overturning a conviction verdict in California is an uphill battle and is a challenging proposition. However, you may have a valid case that is worth the appeal process and the best thing you can do is to ensure that you have the most experienced and highest-quality legal representation with the leading criminal defense professionals available. The Los Angeles appeals lawyers at the Manshoory Law Group will convincingly and forcefully fight on your behalf to detail the mistakes that occurred in your case which unjustifiably lead to your conviction. To speak about your unique situation during a free case evaluation, please call the Manshoory Law Group at 877-977-7750.
California’s bail system allows some defendants the ability to avoid having to stay in jail while they await their court date. Individuals who are charged with crimes punishable by death, individuals who have violated their parole conditions, and individuals that are believed to be a safety concern for the public will not have the right to bail, but other defendants do.
There are many ways to pay bail giving defendants flexibility. However, popular arguments against the California bail system include claiming it is unfairly helpful to the rich who can afford to post bail and avert time behind bars waiting for a trial. When compared to the poor, it is quite unjust because the poor have no means to pay and will have to sit in prison until their date comes.
For defendants that are not able to pay their bail, they could be stuck in a jail cell for weeks or even months until their case is heard. In some cases, a defendant may have a bail amount that is so high there is no way that they will ever be able to pay it. If you have been arrested and given a bail amount that you believe should be reduced, contact the Los Angeles criminal defense attorneys at the Manshoory Law Group for help.
There are a lot of arguments an attorney can make to help their client have their bail reduced. One of the Los Angeles criminal lawyers at the Manshoory Law Group will look over your situation and determine what angle is appropriate for establishing that you deserve a reduction in your bail amount.
What Can Help Facilitate a Bail Reduction?
A top-notch California criminal defense attorney is going to look at every aspect of their client’s case to see where they can reduce charges, get a not guilty verdict, see if their client can be let off on their own reconnaissance before their trial, or find a way to have bail lowered where applicable. A judge is going to thoroughly inspect several aspects of your case to make a decision on if you should have your bail lowered.
The judge will consider the following:
The severity and nature of your crime.
If you could pose a threat to the public should you not be detained.
How extensive your criminal history is.
How dependable and reliable you are and if you are likely to show up to your court date or not.
If you used a deadly weapon when you allegedly committed a crime.
How much pain and suffering you caused a victim.
If you were in possession of or on a controlled substance at the time of the crime.
Contact a Los Angeles Criminal Defense Attorney
Being assigned a bail amount gives defendants some wiggle room when it comes to staying out of jail until they have to appear in court. Given that it can be a lengthy amount of time after an arrest before a court date is scheduled, avoiding detention is important.
Not every defendant has the funds to just put up at any given time so they can avoid custody. When bail amounts are high, there is the possibility of having them reduced. Even when a bail amount is reduced it can still be out of reach of the defendant in terms of payment. In this situation, a bail bond company may be utilized and often is.
To learn more about how you can secure the best possible outcome for your case, and to have the most aggressive and established criminal legal counsel in Los Angeles, schedule a free case evaluation with the Manshoory Law Group. To do so, simply call (877) 977-7750 today.
Defendants in felony cases in California have the right to a preliminary hearing where a judge determines if there is probable cause to send the case to trial. If the judge at the preliminary hearing believes that probable cause exists, the defendant will be arraigned and a trial date will be scheduled.
When the defendant was denied specific rights during the preliminary hearing or when there wasn’t enough evidence to prove probable cause the defendant’s California criminal defense attorney can file a 995 motion to dismiss.
A 995 motion will be reviewed by the trial judge and has the potential to have a defendant’s charges partially dismissed or completely dismissed. An arrest and conviction of a crime can change a person’s life forever. When there exist legal ways to reduce charges or have charges dropped a good attorney will find these opportunities.
Working with a seasoned and experienced Los Angeles criminal defense attorney protects a defendant’s rights and liberties. The Southern California criminal defense attorneys at the Manshoory Law Group only work on criminal defense cases and will ensure you know all of the options you have to resolve your case.
In What Circumstances Can A 995 Motion Be Successful?
Several circumstances can result in a successful dismissal from a 995 motion including:
To prove probable cause there must be enough ironclad evidence to support it. When a preliminary judge allows a case to move forward to trial with insufficient or flimsy evidence this is unjust and a 995 motion can result in the case’s dismissal.
If during the preliminary hearing more evidence is found and produced that speaks to the defendant’s innocence, the defendant should have their charges dropped.
When the evidence used to prove probable cause was gathered by illegal means, a 995 motion can have that evidence removed from the case. Then there may no longer be enough proof to support the probable cause and the charges would be dropped.
The 14th Amendment says that it is a requirement to make available all information that the prosecution has that pertains to the defendant or is advantageous to the defendant in a reasonable amount of time. If this doesn’t happen, a case can be dismissed.
Procedural failures like missed deadlines can lead to filing a 995.
Unless a defendant approves a delay in their preliminary hearing, it is unlawful to interrupt the session, and doing so will lead to dropped charges.
Attorneys who successfully argue for a dismissal will be able to have some of the charges or all of the charges their client is facing dropped. When the attempt is unsuccessful and the trial judge determines there is no reason to drop charges against a defendant, that doesn’t mean the defendant is out of options.
A defendant’s California defense lawyer can file an appeal on their behalf. The window for appealing the decision is narrow; therefore if enough evidence warrants the petition it is critical that a defendant’s Southern California defense lawyer not delay.
Speak with a California Criminal Defense Attorney Today
The Los Angeles criminal defense lawyers at the Manshoory Law Group are dedicated to providing defendants with effective and meticulous criminal defense strategies custom-tailored to their specific needs. Call our attorneys at Manshoory Law Group to schedule a free case evaluation at 877-977-7750.
In this guide, we’re looking at the difference between crime control and due process, two different models of criminal justice. There are always crime control model pros and cons, whichever system is implemented, and a lot of arguments about which of the two main methods should be put in place.
Both of these crime control model examples generally “agree”. They both dictate that the defense counsel should be an advocate for them in the justice system. Both also believe that if someone breaks the law then they should be adequately punished.
What is the Crime Control Model of Criminal Justice?
The crime control model of criminal justice is a conservative system that assumes that the suspicions of the police when arresting someone are probably correct. This allows the police to hold that person and doesn’t afford them as many protections.
Crime control model examples show people getting arrested and charged without being released back to their own homes or to continue with their lives before a court case. The crime control model of justice sees a lot of the extra steps of investigating the crime as over the top. If the crime is deemed to be almost undeniable, and police find evidence at the scene, it is unlikely to cause any contention.
Crime control is seen as harsher and comes down hard on criminals. However, some non-criminals could potentially get caught up.
What is the Due Process Model of Criminal Justice?
Due process protects peoples’ safety and liberty when they are arrested or charged. Until they have been proven guilty, they are allowed to go about their lives in a relatively normal way, especially if the crime in question does not mean they are deemed to be a danger to society.
Due process is all about preserving people’s rights. If someone is arrested and it is assumed that they are guilty, it is not necessarily fair for them to be treated in this way.
Due process model examples would inevitably see some criminals allowed to continue with their lives for a while, or treated as free citizens, at least until they are proven guilty. However, it prevents the chance of someone innocent being locked up for something they did not do.
Which Model is More Beneficial Crime Control Model vs. Due Process Model?
There is a lot of debate on this subject. The crime control model vs due process model is bound to rumble on for many years. If you look at it through the eyes of financial savings then the crime control model may be more beneficial. Some would argue that it also acts as even more of a deterrent.
However, when you look at the crime control model’s pros and cons, you will see that it can lead to innocent people losing their quality of life. This isn’t always the case, but some people argue that liberty is worth protecting to the extent where the due process pros and cons are more favorable when compared to crime control.
What Type of Legislation is Intended to Both Prevent and Control Crime?
The due process model of criminal justice is certainly not designed to keep crime levels high, but it may not be as much of a control method. The crime control model may do an effective job of preventing some reoffending and means that guilty people are taken off the streets quicker. The problem is that there is a risk to those who have not committed any crime at all.
While the crime control method comes down much harder on people, it does not protect peoples’ rights. In the USA, even a defendant has rights that need to be protected. On top of that, some argue that crime control gives a lot of power to police, and in some high-profile cases, police officers have abused their power historically. Contact our highly experienced criminal defense attorneys to analyze your case.
Due process vs. crime control will always have arguments on both sides. The different criminal systems prioritize different aspects of safety and peoples’ rights. The due process system is a lot more liberal, but this can bring with it dangers, as criminals could commit more crimes before they are found fully guilty.
A public nuisance is defined as an activity or condition that is offensive to someone’s senses or can interfere with someone’s quality of life. This is quite a broad definition, so it is down to the courts to decide whether a criminal nuisance charge is to be upheld. It could be anything that impacts your senses, such as loud noise or even offensive smells.
The laws on public nuisance are similar in most states, so deciding on public nuisance in California or elsewhere in the USA.
What is a Criminal Nuisance?
When deciding on the law of nuisance and a specific private nuisance claim, courts will consider the area’s population, what land might have been used for, how long the nuisance has been going on, and whether it can reasonably be presented.
If an ongoing nuisance is being caused, the state chooses to file criminal charges if somebody is maintaining a public problem. If someone is causing a nuisance in California, then they will only face a public criminal nuisance charge brought about by the state. Not by an individual.
A public nuisance is sometimes confused with disturbing the peace, but claims for the latter typically come from people being in danger or reasonable fear of danger. Nuisance can be noise pollution or consistent unpleasant smells from a garbage dump. These are examples that don’t cause immediate danger.
What Are The Differences Between Public and Private Nuisance?
There are some key differences between public and private nuisance claims. In a public claim, the offense is deemed to be against the general public rather than privately.
Individuals can bring about private nuisance lawsuits. The claims come from people experiencing any sort of disturbance that could be deemed to impact the enjoyment of their own private property. For example, a neighbor loudly playing music might bring about a lawsuit.
A criminal defense attorney may argue against the charges by claiming that the music is inoffensive or that it was a one-off situation. It can be difficult to get the claims upheld.
What Relief Is Available against a Public Nuisance?
The law of nuisance can be complex, and there are many forms of relief after a claim. An injunction or abatement could be used to order the defendant to stop the nuisance they are causing. There could also be a fine or even a sentence imposed against the defendant.
Criminal charges can come about as a result of public nuisance, but this is often used in extreme cases or when there is damage or the threat of damage to property. There also needs to be proof of the hardship that has been caused.
This is different from a private case, where an individual may seek damages as part of the reparations.
What is the Statute of Limitations (SOL) for a Public Nuisance Claim?
The statute can vary greatly depending on which state you are in. Public nuisance in California may be defined differently from New York, for example. A statute of limitations can depend on whether the nuisance is permanent or not.
Statutes can provide three-year limitations for permanent nuisances. The time is measured from when the nuisance occurs. Some states allow legal action to be taken for up to six years from the original nuisance, especially if it is continuous or recurring.
If you are looking to bring about a private nuisance lawsuit, then you should check whether you can bring about a criminal nuisance charge in your state. It is crucial to seek counsel from a lawyer. It is also vital that you collect as much evidence as possible. According to the statute, there usually is a time limit, so you can’t always wait to take action.
Do I Need a Lawyer for Help with a Private Nuisance Lawsuit?
While it is possible to make public nuisance complaints, a public nuisance lawsuit is likely to be out of your hands. However, if someone is causing a nuisance to your personal property and disturbing your quality of life, you may have the right to make a private nuisance claim.
This allows you to claim for an injunction or even seek other reparations such as compensation.
The Safe Neighborhoods and Schools Act, or Proposition 47 was enacted in 2014 in the state of California. The legislation affected how several different types of crimes are sentenced within the California criminal justice system.
As a result of Prop 47, numerous theft crimes had their penalties greatly reduced. When you have been charged with a California theft crime, the Los Angeles criminal defense attorneys at the Manshoory Law Group can help you fight your charges and protect your future.
What California Theft Crimes Were Affected by Prop 47?
Prop 47 made many adjustments to the classification of specific theft actions and how these crimes are sentenced.
Some of these changes include:
Under PC section 459.5 shoplifting was developed which replaced charges of commercial burglary. A charge of commercial burglary was a felony offense making for very serious and severe outcomes of low-level stealing. Now, if the property is unlawfully taken from a commercial establishment during normal business hours when the business is open and the property isn’t worth more than $950, a defendant will face shoplifting charges which is a misdemeanor.
Under PC section 473, if fraudulent checks, bonds, notes, money orders, and any other type of monetary instrument is used, as long as it is not higher than $950 it will be classified as a misdemeanor.
Under PC section 476a if you write a check that isn’t more than $950 and you don’t have the funds to cover the check it will be considered writing a bad check. This offense has been reduced to a misdemeanor.
Under PC section 490.2, with some exceptions, general property theft where the goods that were stolen are not worth more than $950 will be considered petty theft. As such, they will be classified as misdemeanors.
Under PC section 496, as long as the stolen property that an individual receives is not worth more than $950 the crime will be a misdemeanor.
Anyone with a felony conviction in connection with one of these theft charges that took place before Prop 47 was passed has the right and the ability to pursue a legal case for having their felony charge reduced to a misdemeanor.
This retroactive re-sentencing may mean that an individual will no longer have to serve time behind bars the way they would have if they were still serving time for their felony conviction.
Can I Have My Record Reduced Under Prop 47?
Depending on the details of your case, you may not have to spend time in jail for your theft-related crimes. If you are currently in jail, you may be able to get out and instead serve probation time which is a much lesser punishment than having to live your life captive in the prison system.
When you work with the Los Angeles criminal defense attorneys at the Manshoory Law Groupyou can rest assured that you will have the best criminal defense services in Los Angeles advocating on your behalf. Call The Manshoory Law Group today at 877-977-7750 to meet 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.
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