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Firearm laws vary from state to state, and the purchase of a gun can be more difficult in certain areas than in others. When it comes to buying a gun from someone or buying a firearm as a gift, things can get confusing. Can you legally buy a gun for someone else? Is it legal to buy a gun from someone?
For those of you in California, we have the answers. Whether it’s to transfer a firearm, purchase a firearm, or buy a gun for someone else, here’s what you need to know regarding both federal law and state law. Read on to find out if buying a gun for someone is legal in California.
Is it Legal to Buy a Gun From Someone?
Federal law states that you can buy a firearm as a gift, so long as you, the buyer, are registered as such. Even if you’re technically buying the gun for someone else, you will be treated as the “actual buyer” in the transaction. Furthermore, you’ll also need to make sure that the gun will be treated as a bona fide gift.
A “gift” in the legal sense is something that you give to someone without any form of compensation, whether that be money or something else of monetary value. The recipient of the said gift must also not be legally prohibited to own a firearm.
It’s also worth noting that background checks are not required by federal law when it comes to private gun sales, but firearms dealers will need to do so.
California Gun Purchasing Laws
Of course, federal law can be overridden by state law, and California has some rules regarding guns and gun laws. For example, open carrying is generally considered prohibited in California. When it comes to purchasing guns, you’ll have to do so through a dealer, even if the sale is private. All sales must be recorded by the state.
Can You Buy a Gun as a Gift for a Friend or Family Member in California?
Can you buy a gun as a gift? Can I buy a gun for someone else? The answer, simply put, is yes, but the method of doing so isn’t the same as in other states. Whether it’s for yourself or as a gift, you’ll need to transfer the firearm via a local retailer or dealer. This is a requirement, and you will need to do this for dealer sales and private sales. The same sort of requirement is followed in states such as New York, Oregon, Rhode Island, and Colorado, among others.
So if you’re wondering, “Can I buy a gun for someone else?” in California, you can – just through a licensed retailer or dealer.
Out-of-State Guns Must Come Into California Through a Dealer
California has laws pertaining to bringing firearms into the state. Can you legally buy a gun for someone else? Yes, but that doesn’t mean you can bring them to California as you, please. Residents of California must ship their firearms to a licensed dealer, after which the dealer will perform a background check.
It can take around 10 days before you can get your firearm back, but you can be exempt from this requirement in a few ways. If you are listed in a firearms registry and own the guns you plan on bringing, then you’re good. If you have a California license for a handgun, then you’re in the clear, too.
Penalties for Bringing Guns Into California Illegally
Most of the time, the penalty for bringing guns to California illegally is a misdemeanor. This means up to six months in county jail and/or a $1000 fine. However, if you were convicted of the same crime or are not legally allowed to own a gun, then you’ll be charged with a felony instead.
Contact Manshoory Law Group for Legal Help
If you have questions such as “Is it legal to buy a gun from someone?” or “Can you legally buy a gun for someone else?” then don’t worry. At Manshoory Law, we can provide legal assistance. If you’re not sure why are California gun laws the way they are, we’ve got you covered. Contact us if you’re looking for a reliable criminal defense attorney.
In the past, the state of California made a distinction in regard to rape within marriage and outside of marriage, with the terms “marital rape” or “spousal rape” applied in situations where a person was raped by their spouse. Marital rape statistics suggest that this occurs in 10-14% of marriages in the US, with 1/3 of women stating that they have felt pressured or coerced into forced sexual intercourse with their partners.
However, the situation regarding marital rape in California has since changed. In 2021, the state’s legislature enacted a new bill, known as Assembly Bill 1171, which repealed the spousal rape law in California. This means that, since the law was repealed, rape in marriage is subject to the same penalties as rape outside of marriage.
What Is Marital Rape or Spousal Rape?
Prior to the repealing of California’s spousal rape law, the definition of spousal or marital rape referred to any situation in which sexual intercourse or activity takes place without a spouse’s consent. The former statute, Penal Code 262, or PC 262, solidified this definition as part of California’s marital rape laws.
Specifically, PC 262 listed various examples in which the term marital rape could apply. For example, a situation in which a spouse has sex with their partner when the partner is sleeping or unconscious after drinking heavily, or if a spouse uses threats of domestic violence or harm to force their partner into sexual activities.
A Brief History of Spousal Rape Laws
In order to better understand why PC 262 was repealed, it’s important to understand the history of marital rape laws, both in California and elsewhere. For many years, up to the 20th century, it was generally believed that wives were regarded as the “property” of their husbands. This effectively created a culture in which husbands could do as they wished with their wives.
This extended to sexual acts, as well. It was generally understood that upon marriage, a wife forgave her right to consent or refuse sexual intercourse, and was expected to comply with her husband’s sexual demands. Because of this, husbands were granted “spousal rape exemptions” by every state, effectively protecting them against accusations of rape by their wives.
However, as times went by and attitudes evolved, the general consensus began to shift. In the latter stages of the 20th century, specifically in the 1970s, states started to repeal these exemptions. By 1993, all 50 states repealed the exemptions, but several states still treated marital rape as a different kind of crime to rape outside of marriage.
Why Was California Penal Code 262 PC Repealed?
Penal Code 262 was in place for a long time, but the law came under pressure in recent years as feminists and advocates for equal rights argued that spousal rape should not be considered any less serious than other forms of rape. They demanded that the marital rape laws be changed in order to reflect that viewpoint.
In California, for example, according to PC 261, it was possible for spousal rape defendants to use a plea bargain to reduce their sentence to probation, rather than time in prison. Judges in these cases were also able to keep defendants off the sex offender register, which is not the case for regular rape defendants.
Many people took offense at these exceptions and disliked the way that spousal rape was seemingly treated as a lesser crime. They argued that rape in all of its forms is a highly serious offense, and wife or husband rape should not be seen as any less grave than stranger rape. Many rape survivors and victims of sexual abuse also supported this argument.
Most Common Type of Marital Rape
There are various types of rape in marriage. Examples include force-only rape, in which one spouse uses power and control to force the victim into sexual intercourse, but does not proceed to make use of stronger levels of physical violence.
Battering rape is another variety, in which actual physical violence and sexual violence are used. This may involve a wife being beaten by her husband either prior to or during a rape, and this kind of rape is categorized by a spouse using a significant level of force to overpower and harm their victim. It is a severe form of sexual assault.
Finally, there is also obsessive or sadistic rape, which involves a spouse torturing their partner and committing repeated acts of sexual perversion, typically connected to their own sexual obsessions or perversions. This may involve painful sexual acts that the spouse is forced to commit. Marital rape statistics show that the most common variety reported to law enforcement is battering rape.
How Do Prosecutors Prove Marital Rape?
Prosecuting a marital rape case can be difficult. Often, spousal rape victims may suffer high levels of trauma associated with their situation of intimate partner violence, and they may feel under pressure about whether or not to testify due to things like children, other family members, and their relationship with their spouse.
Juries sometimes also have doubts about whether or not a case of rape actually occurred, but prosecutors can use various tools to help in their cases. They may try to find other witnesses to provide testimony aside from the victim, as well as build evidence to show domestic violence and unbalanced power dynamics in a relationship.
Marital Rape Statute of Limitations in California
The spousal rape statute of limitations in California is now the same as the statute of limitations for regular rape: indefinite. In other words, there is no spousal rape statute of limitations, and victims can take action against their abusers even several years after a rape has occurred. This is true for all crimes committed after Jan 1 of 2017. Rape statutes in other states can vary.
What Are the Penalties for Marital Rape?
Rape is charged as a felony in the state of California, rather than a misdemeanor or infraction. A convictedrapist can be sentenced to a prison term of up to eight years. Convicted rapists can also be registered as sex offenders for the rest of their lives.
What To Do if You Are Charged with Marital Rape
If you have been charged with marital rape, the best course of action is to get a lawyer as soon as possible. A legal professional will be able to argue your side of the story and potentially build up evidence to help you defend against a false accusation or reduce the possible sentence that you may receive.
What Are the Best Defenses For Rape Charges?
A criminal defense attorney can help those who have been accused of marital rape, and they may make use of various common defenses, including:
Consent – A defendant may try to show that their spouse consented to any sexual act or that they believed consent had been given.
False Claim – The defendant may also argue that the claim is entirely false and that no rape occurred.
Partially False – The defendant’s lawyer may also argue that the claim is not as severe as it seems and that other sexual acts took place, but not actual intercourse.
Contact a Marital Rape Lawyer Today
If you’re involved in a marital rape or non-marital rape case, it’s important to have proper legal representation and counsel to help you get the best possible result. A Los Angeles rape defense lawyer can help. Contact us today to discuss the details of your case and find out how we can help.
Due to the difficult circumstances and situations in which they often find themselves during their service, many veterans return to civilian life as changed people. They can feel isolated, alone, overwhelmed by their experiences, and even traumatized by their memories. This may lead to them becoming involved in criminal affairs or legal trouble.
In fact, statistics show that veterans who struggle with mental health issues or addictions upon their return home have a higher likelihood to get into legal trouble. The Veterans Court in California aims to provide some kind of solution to this problem, giving veterans another way out, rather than forcing them through the traditional path of the criminal justice system.
What Is Veterans Court in California?
In simple terms, Veterans Court in California is a special program that is available to certain former members of the military who find themselves facing criminal charges. The aim of the Veterans Court program is to give veterans a way to avoid jail time and a criminal record by providing the veterans with certain treatments and services, like court-ordered rehab and counseling.
Provided that the veteran in question meets the Veterans Court requirements, they can be accepted into the program and essentially placed on probation. They will then be required to complete four phases of the program. If they successfully complete the program, the veteran can withdraw their plea and the case can be dismissed by a judge.
In other words, the Veterans Court program represents a good opportunity for any veteran who might find themselves facing a prison sentence. Instead of having to go behind bars, the person can get their whole case dismissed, as well as get some help with rehabilitation, with the help of the Department of Veteran’s Affairs, as long as they meet the Veterans Court eligibility requirements.
How Does Veterans Treatment Court Operate?
The Veterans Court treatment program is quite complex, but structured. Participants are supported by their own team of specialists, including veteran mentors, a judge, a probation officer, and counselors. These professionals help and support the patient during the four phases of their treatment:
The first phase is usually regarded as the hardest. It involves a full evaluation of the veteran and a customized plan tailored to their needs, which lasts around four months. It involves weekly court meetings, progress reports, random drug testing, and more.
The second phase is a lot like the first, but a little lighter in terms of the number of meetings and reports. It lasts around three months.
Phase three of the program involves fewer tests and meetings, running for a total of five months.
Finally, the last phase is designed to help the veteran return to regular life. It still involves some meetings and treatments, but usually concludes with job training offers, education, and other services.
Am I Eligible for Veterans Court in California?
Veterans Court eligibility is something that any veteran will need to be clear on before taking part in the program. You have to meet certain Veterans Court requirements, and the requirements for Veterans Treatment Courts can actually vary from court to court.
In general, these criteria need to be met:
The individual needs to have served in the armed forces
(Army, Navy, etc.) They must have pleaded guilty in a criminal case
They must be suffering from some kind of injury or health problem, like traumatic brain injury, PTSD, MST, or something else
They must agree to participate in the program
The program exists to assist veteran people in need of help, but it does have some limitations. Those involved in sex or gang-related crimes may not qualify, for example. A criminal defense lawyer can help you find out more about eligibility.
Who Is Eligible for Military Diversion?
It’s important to note that the Veterans Court Diversion Program, or Military Diversion, is not the same as a regular Veterans Court. The Veterans Court Diversion Program is for veterans charged with a misdemeanor who has not been previously convicted of anything similar and have not had any diversion in the past.
How Do I Apply for Veterans Court in California?
If you want to apply for Veterans Court DUI or some other criminal charge, the process will vary depending on your local jurisdiction. The best thing to do is contact an attorney and find out about your eligibility. Your attorney will then be able to request the court to allow you onto the program.
Typically, the court will order some kind of mental health assessment or evaluation, and the judge will meet the applicant and their defense team to learn more about them before deciding whether to admit them to the program or not.
The process is usually quite quick and easy in some cases. For example, if a Veterans Court DUI claimant has a history of drinking problems, the case should be clear to see. But other cases can be more difficult to evaluate and take longer.
Does My Jurisdiction Offer a Veterans Court in California?
There are over 20 courts in California that authorize Veterans’ Treatment Programs, with more than 100 locations up and down the state. Contact our professionals today to find out if your jurisdiction provides this veterans service.
While any arrest would make most people worry, when the crime at issue is a violent crime, even the toughest may shudder. Unlike so-called minor or non-violent crimes, those crimes deemed to be violent typically carry with them substantial penalties, and, in most cases, substantial prison time which may include life in prison or capital punishment.
Being accused of any crime, let alone a violent crime should necessitate the retention of an experienced criminal defense attorney, especially one with experience in violent crimes, to ensure that the defendant can establish as aggressive and effective defense as possible.
But, just what is a violent crime? Unfortunately, violent crime definition is not as cut and dry as one would expect. Like the phrase assault weapon, a violent crime may mean different things to different legislatures in different States, as this article illustrates.
What Are The Different Types Of Violent Crimes In California?
Pursuant to California law, the following is the list of violent crimes in this state:
Murder or attempted murder, or voluntary or involuntary manslaughter;
Mayhem, or deliberately causing a permanent disfigurement of another;
Rape (including spousal rape), sodomy, oral copulation, or sexual penetration;
A lewd or lascivious act;
An act in which the defendant inflicts great bodily injury on another;
Violent crimes are treated with extreme seriousness by the California criminal justice system, and any individual convicted of this kind of crime should expect to be prosecuted to the fullest extent of the law. Since most violent crimes are felonies, it can be expected that any prison term will be greater than one year in a California State prison. Moreover, fines, probation, and other court-mandated actions may also be assessed against the convicted individual.
Additionally, although an individual convicted of a violent crime can be expected to spend substantial time in prison, there is an even greater and more devastating consequence that will await the individual upon release from prison. Repercussions of a conviction can extend beyond the penalties themselves. By way of example, convicted individuals may face limited opportunities in both the job and housing markets. Most professional licenses will be revoked, and the ability to obtain such a license after release will be severely curtailed. Most property owners will be hesitant to rent to individuals with a violent crime on his/her criminal record. Additionally, the ability to obtain credit will also be drastically reduced. Finally, in many cases, even if the convicted individual had financial stability prior to conviction, the sheer cost of the trial will most likely deplete this stability, in addition to any fines that are assessed.
It should also be noted that California has a “Three Strikes Law.” According to this law, the conviction of a violent crimemay result in an automatic 25-year sentence, with the possibility of extension to a life sentence, if the convicted individual has had prior convictions for other violent crimes.
Do you need a Criminal Defense Attorney for Violent Crimes in California?
If someone you love has been arrested on suspicion of committing a violent crime, it is essential that you contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible. The attorneys at our office have years of experience in criminal defense and can give you or your loved one truly effective counsel. The attorneys there are available 24/7 to take your call. Contact our lawyers today for an initial consultation.
If you’ve ever wondered, “What is the Miranda warning?” chances are you’ve heard it before without realizing it. That famous paragraph cops recite to criminals in movies or TV shows that begin with the line ‘You have the right to remain silent” is part of the Miranda Warning.
While used often in cinematic instances, this warning or reading of your rights is very real and is read to an individual by an arresting officer. So, what are Miranda Rights? Let’s take a look.
Who Is Ernesto Miranda?
So, why is it called Miranda Rights? The reading of this warning stems from a 1966 court case known as Miranda v. Arizona. The defendant, 24-year-old Ernesto Miranda, was accused of kidnapping, robbing, and raping an 18-year-old girl. Following his arrest, Miranda was subject to a two-hour interrogation, where he confessed to the crimes.
However, Miranda’s defense attorneys contended that law enforcement had not clearly informed the defendant of his right to have a lawyer present and against self-incrimination, which falls under the Sixth Amendment. Further, Miranda’s lawyers argued that because his rights had not been made clear to him and he was under the duress of detainment, the court should not deem his confession admissible.
In a landmark decision, the Supreme Court ruled that the Arizona Supreme Court decision that Miranda’s confession is admissible must be overturned, forever changing criminal proceedings in the US.
Why is it Called Miranda Rights?
So, why is it called Miranda Rights? Since the Supreme Court ruling in 1966, it has become a constitutional requirement that police inform arrestees of their rights. Because this requirement stems from the Miranda court ruling, these rights earned the name “Miranda Rights.”
Miranda extends the following rights to suspects in criminal investigations:
the right to remain silent;
anything said by the person in custody can and will be used against him/her in court;
the right to an attorney; and
the right to have an attorney appointed if the person cannot afford one.
The right to remain silent means the person under interrogation can decline to respond to police questions at any point. Thus, even if a person decides to answer some questions, he/she can later choose to invoke this right and refuse further to answer additional inquiries.
The warning about any statement being used against the individual in court should be taken at face value, with the knowledge that this information will be presented in the most negative way possible to increase the chances of a guilty verdict.
The right to an attorney means that once this right is asserted police must stop additional questioning until the attorney is present. Note that the person under interrogation needs to affirmatively assert this right, and not just suggest an attorney may be a good idea. Once this right is invoked, the person under questioning should refrain from talking until the attorney arrives.
While people commonly assume these rights only apply to adults, California law extends these same protections to minors who are wards of the state or juvenile offenders. If the police take one of these minors into temporary custody, they must be informed of their rights just like adults.
What Do the Cops Say When They Arrest You?
So, what is the Miranda Warning, and what do cops say when they arrest you? When you are read your rights or “Mirandized,” the arresting officer must clearly and directly inform you of the following:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.”
A waiver then follows this paragraph:
“Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
Following this, you may advise the officer whether you wish to have an attorney or waive your rights and speak with them without a lawyer present.
Additionally, if English is not your spoken language, police officers must translate these rights into a language you understand.
Do You Need to Respond to Police Questioning?
While you are required to identify yourself to officers, you have the constitutional right to remain silent. As a result, law enforcement officers cannot punish you for refusing to speak to the police.
When are Miranda Rights Not Required
Do cops have to read Miranda Rights all the time, or are there instances when Miranda Rights are not required? Firstly, why are Miranda Rights important? These warnings advise arrestees that they may have access to a lawyer in a criminal case. However, officers do not need to read your Miranda
Rights if they are arresting you without the intent to interrogate you, for instance, if you are being arrested for a DUI.
Arrest Without the Reading of Miranda Rights
If a detainee is arrested but not informed what their Miranda rights are, anything they say during questioning cannot be used as evidence in a trial. If you require a Criminal Defense Attorney and need help defending your rights, contact us for sound legal counsel.
Suicide remains a serious health risk for the American population. According to the American Foundation for Suicide Prevention, it’s the 12th leading cause of death in the US, with 45 979 Americans dying by suicide in 2020 and a further 1.2 million attempted suicides that same year.
While there is an underlying problem related to mental well-being, another cause for concern is where people assist in suicide. So, can you go to jail for making someone kill themself?
Is Suicide Illegal in California?
It’s not illegal for someone to kill themselves in California. The state has The End of Life Option Act which permits an individual to take their life using prescribed medications. However, recent cases in the media, particularly involving young people sending text messages, have prompted people to question: ‘if someone kills themselves because of you, can you go to jail?’
How Does the Law Define Causing Homicide?
Homicide is defined as the killing of one human being by another. However, many different categories fall under homicide, such as manslaughter, and first-degree or second-degree murder, depending on the circumstances of the death.
How Does the Law Define Assisted Suicide?
In the United States, the law defines assisted death as a practice by which a terminally ill person – said to be of sound mind but with a prognosis of six months or less – administers barbituates to end their life. However, this would differ from assisting in suicide or encouraging someone to kill themselves.
What Are the Types of Assisted Suicide?
Assisted suicide is where you intentionally help another person to kill themselves, usually by providing them with potent sedatives. Many people have opted to go to Switzerland, where assisted suicide is legal.
Euthanasia, on the other hand, is the act of helping someone end their life as a way to stop their pain. This can be administered by a medical professional via lethal injection.
Unlike assisted suicide and euthanasia, assisted dying would only apply to terminally ill people. This gives them some choice in the manner and timing of their death.
Is Telling Someone to Kill Themselves a Crime?
While assisted suicide might be legal in certain countries, it’s considered a felony offense in the state of California, where an individual makes a conscious decision to help another person in committing suicide.
What Is Punishment for Assisting Suicide?
If you have told someone to kill themself or assisted in suicide in any other way, then the state will first have to find proof that you are actually guilty of a crime. In addition, they would have to find evidence that indicates that a person actually attempted to commit suicide in the first place.
Further to this, the state would need to prove your actions were thought-out and that you actively encouraged or assisted in that suicide. If you are found guilty, you could face up to three years in prison or a fine of up to $10 000. In cases where the individual survives the suicide attempt, you can only be charged with attempting to assist in a suicide.
What Is the Differentiation Between Murder And Suicide?
Things could get even more difficult if you physically assisted in helping someone kill themself, as you could then face murder charges. The statute in California refers to when you are not actively involved in encouraging or assisting in a suicide – or suicide attempt. This could be as seemingly innocent as supplying them with prescription medication or explaining specific ways in which to take their own life.
However, if you have a more active role in the suicide – which is where you provide them with the means to commit suicide or have a hand in it yourself – then you could be at risk of charges related to murder.
Must I Hire a Criminal Defense Attorney?
If you are accused of encouraging or helping someone kill themself, you would need to hire a criminal defense attorney with experience in this field. They will discuss the situation with you and develop some possible defense options. These could include:
The reality is that you can go to jail for making someone kill themself, as it is illegal. You will need to hire a criminal defense attorney if this is the case. Contact our lawyers today to find out more.
DNA evidence is a powerful tool that can be used in criminal cases to help determine the guilt or innocence of an accused individual. The problem is, that there are many factors that can influence the reliability of DNA evidence and, as a result, the outcome of a case. In this post, we’re going to discuss some of these factors, including what DNA is, how it works, and how it can be used to help determine whether or not someone is guilty.
What is DNA Evidence?
DNA evidence is the most powerful forensic tool available to law enforcement. It can be used to identify people, determine the source of biological material, and even provide information about the health of an individual.
Your DNA profile, just like your fingerprints, is unique and cannot be replicated by anyone else. This makes DNA evidence incredibly valuable when it comes to determining the identity of an individual and proving their involvement in a crime.
When was DNA Evidence in Criminal Cases First Used?
Forensic DNA analysis and DNA profiling were first used in 1986 when the UK police requested suspect verification for two rape-murder cases. Dr. Alec J. Jeffreys of the University of Leicester found out, through forensic DNA evidence, that the suspect did not commit the crime. This was a game-changer in the DNA testing field, and it led to the development of using DNA evidence in criminal cases.
What Type of Evidence is DNA?
DNA is biological evidence, which is a type of physical evidence that can be used to help prove or disprove a person’s involvement in a crime. The following types of DNA evidence include:
Fingerprints
Bloodstains
Blood
Bodily fluids
Saliva
Blood
Urine
Skin cells
Gathering DNA Evidence
In order to collect DNA evidence, law enforcement must first obtain a sample of biological material from an individual. The sample is then analyzed to determine the presence of DNA. Once the DNA sample is collected, it is sent to a lab where it is analyzed and compared to DNA samples of known individuals.
Identifying DNA Evidence
The process of identifying DNA evidence is called DNA amplification. It’s accomplished by extracting the DNA from the biological sample and then amplifying it to make it easier to detect. In just a few hours, millions of copies of a specific sequence of DNA are made from the original sample, and then they are analyzed to determine if they match any of the DNA profiles in the suspect database.
Is DNA Class or Individual Evidence?
Class Evidence – When a piece of evidence is collected from a group of people, such as a family or a group of suspects, it is called class evidence. It helps to narrow down the pool of possible suspects, but it doesn’t prove that any one person committed the crime.
Individual Evidence – This is a type of evidence that can exactly pinpoint the identity of a suspect. Examples of individual evidence that can directly incriminate someone includes fingerprints, blood, semen, saliva, hair, skin cells, or bodily fluids.
Is DNA class or individual evidence? DNA is individual evidence because it can identify a suspect and prove that they committed a crime.
How is DNA Evidence Collected and Packaged?
When a crime is committed, the police will collect evidence from the scene of the crime. If the crime involved bodily fluids, then the police will also collect saliva, blood, urine, and other bodily fluids from the scene. They will then package the evidence in a sealed container to avoid any contamination.
The next step is to take the evidence to a laboratory. The lab will extract the DNA from the biological sample, amplify it, and then compare it to the DNA profiles of known individuals. The DNA profile of the individual whose DNA is being tested is compared to the DNA profile of the biological sample. If the DNA profile of the biological sample matches the DNA profile of the suspect, then the suspect is identified.
What are the Different Methods of DNA Testing?
Generally speaking, there are four types of DNA test analysis: Polymerase Chain Reaction (PCR), Short Tandem Repeats (STR), Y-Chromosome, and Mitochondrial DNA.
Polymerase Chain Reaction (PRC) – PCR is a method that is used to amplify the DNA sample. This is done to increase the number of copies of DNA that are available for analysis. PCR is a highly reliable method for DNA analysis because it is accurate and reproducible.
Short Tandem Repeats (STR) – STR is commonly used in forensic laboratories, paternity tests, and missing persons cases. Extracted DNA is added to chemical agents and then heated, which causes the DNA to separate into two strands. The number of repeats in each strand is unique, which makes it possible to determine the identity of the person whose DNA was extracted.
Y-Chromosome – A Y-Chromosome DNA test is used to identify males. This is the only type of DNA test that can be used to determine the sex of a person. Y-chromosome is inherited from the father.
Mitochondrial DNA – Mitochondrial DNA is inherited from the mother. It is present in all human cells and is found in the mitochondria, the energy-producing parts of the cell.
What are the Limitations of DNA Evidence?
While DNA evidence is extremely reliable, there are some limitations to consider. In some cases, DNA evidence may not be conclusive. For example, if a suspect has been in a car accident and his DNA is on the steering wheel, then the DNA evidence may not be enough to identify him as the driver. This is particularly true if the car in question is being rented out or used by more than one person.
DNA evidence can also be unreliable if the biological sample is contaminated with other people’s DNA. This is especially true if the sample is taken from an area where many people are gathered, such as a crime scene.
Can DNA be Used to Prove Someone Guilty?
The criminal justice system has come a long way since the days when fingerprints were the only form of identification. Today, DNA evidence is considered the legal standard for proving someone’s guilt. It is used in almost every case where a suspect is accused of committing a crime.
DNA test results also help innocent victims of wrongful convictions and exonerate them. Not to mention that the use of DNA has led to the conviction of thousands of criminals and helped solve hundreds of cold cases.
How is DNA Used as Evidence for Crimes?
DNA evidence is used in criminal investigations to identify suspects, link suspects to crimes, and exonerate innocent suspects. DNA profiling is one of the most important tools in the criminal justice system and is used in almost every criminal investigation.
What is DNA Profiling?
DNA profiling is the process of comparing DNA evidence with known DNA profiles. This allows law enforcement to identify the suspect and determine whether or not they committed the crime. When a DNA profile is obtained, it is compared to a DNA database of individuals who have been convicted of crimes.
DNA profiling is also used to match DNA samples from crime scenes.This is especially useful in cases where the victim has been killed and the perpetrator has left behind a sample of his or her DNA. If there are a group of suspects, then DNA profiling can be used to link them to the crime.
In order to use DNA evidence, investigators must obtain a DNA sample from the suspect. This can be done through a voluntary search of the suspect’s body, such as a blood sample or hair sample. If the suspect refuses to provide a DNA sample, then investigators will obtain a court order to force the suspect to give a DNA sample.
Is DNA a Reliable Source of Evidence?
Yes, DNA evidence is very reliable. In fact, it is often referred to as the “gold standard” of forensic science. It is considered the most reliable form of evidence because it is virtually impossible to fake or alters.
DNA evidence is also highly accurate. The accuracy of DNA evidence is based on the fact that DNA is a unique identifier. The DNA molecule contains a specific sequence of nucleotides that are inherited from the parents. Each individual has their own unique set of these nucleotides, and no two people have the same set. This means that DNA evidence can be used to, without a doubt, identify individuals who have been involved in a crime.
While the accuracy of DNA evidence is unquestionably accurate, it is not infallible. There are times when DNA cannot be used to prove someone’s guilt or innocence. For example, if it is contaminated with another person’s DNA, then the sample will not be able to accurately identify the suspect. This is very common when a person is being framed up for a crime, or when the crime scene has been tampered with.
“DNA planting” is a strong defense against a criminal charge, and is often used in murder trials. If you have been accused of a crime, you should contact an experiencedcriminal defense attorney who can review your case and advise you about your legal options.
Arrests and criminal charges are serious situations that need immediate attention. In fact, with the sheer multitude of crimes written into statute, not everyone can truly know whether they have done something illegal. Further, in some cases, the crime charged may be a lot more severe than the individual himself/herself even expected.
Retaining the services of an experienced criminal defense attorney is essential to having a viable chance at defending criminal charges and mitigating the damage to his/her life. One such crime that many people do not truly understand is a carjacking, and, especially the distinction between a carjacking and automobile theft.
How Does California Law Define The Crime of Carjacking?
So, what is carjacking? Pursuant to California law, carjacking is defined as the taking of an automobile in the possession of another individual, from his/her person or immediate presence, against his/her will, with the intent to either permanently or temporarily deprive that individual of the use of the automobile, accomplished by means of force or fear. Additionally, even though the automobile may not be in an individual’s possession, if that individual is a passenger, and the aggressor does the same things in the sentence above, the aggressor may also be charged with carjacking.
Is Carjacking a Felony in CA?
According to California Penal Code 215 PC, carjacking is a federal crime. Further, the law can impose severe penalties on an individual convicted of carjacking, including a “strike,” which falls under California’s “Three Strikes” law which can be enhanced depending on how the felon went about the carjacking. For instance, using a deadly weapon or causing injury to the victim can increase the severity of the penalties imposed.
What’s the Difference Between a Carjacking and Grand Theft Auto?
For the law to consider a crime to be a carjacking, an individual must take the vehicle using force or fear. However, if an individual steals a car that is unoccupied or when the owner is not in the immediate vicinity, the law considers the crime as grand theft auto or car theft.
How Does The Prosecutor Prove Carjacking?
To prove the accused is guilty of carjacking the prosecutor must show he/she took the vehicle against the will of the possessor of the car. Thus, to successfully prosecute the crime of carjacking, the prosecutor must provide evidence of the following:
The defendant took an automobile that was not his/hers;
The automobile was taken from the immediate presence of an individual in possession of the automobile or a passenger;
The automobile was taken against that individual’s will;
The defendant used force or fear to take the automobile, or to prevent the individual from resisting; and
The defendant intended to deprive the individual of possession of the vehicle, either temporarily or permanently
It is important to note that there is a distinction between possession and ownership in the crime of carjacking. As such, even if an individual is the legal owner of the automobile, he/she is not allowed to use force or fear in order to regain it from someone else in possession of the automobile.
What is the Sentencing And Punishment For A Carjacking Conviction In California
Carjacking is charged as a felony under California Penal Code 215 and comes with up to nine years in prison. However, this sentence may increase if the carjacker used a weapon to acquire the stolen car:
Armed with a Firearm
Under California PC 12022.53, aggressors who brandish firearms while committing a carjacking will get ten years in prison. However, should they fire a gun during the carjacking, the sentence increases to 20 years.
Armed with an Assault Weapon
Irrespective of the firearm an aggressor holds during armed carjackings, the penalty equates to a minimum of ten years of prison time.
Actually Using a Deadly or Dangerous Weapon
Finally, if the aggressor fires their weapon during the carjacking and, as a result, inflicts significant bodily injury or kills an individual, committing a violent crime, the sentence imposed falls anywhere between 25 years to life imprisonment.
What Offenses Often Charged Alongside Carjacking
Often, carjacking cases entail more than just forcibly removing the vehicle from an individual’s possession. As a result, a host of additional charges often accompany the carjacking conviction. Below, we discuss the most common ones.
Robbery – Although carjacking is considered auto theft, an individual may be charged with robbery and carjacking, California law stipulates the law may only charge individuals for one of these offenses.
Grand Theft Auto “GTA” – Depending on an individual’s criminal history and the circumstances of the carjacking, a prosecutor may choose to file the GTA charge as a felony or a misdemeanor. Should it become a misdemeanor, the aggressor may face an additional year in county jail.
Joyriding /Auto Theft – Joyriding refers to unlawfully driving a motor vehicle that does not belong to you. Again this can be charged as a misdemeanor which involves a year served in county jail.
Auto Burglary – If an individual carjacks a locked vehicle, prosecutors can file for an additional auto burglary charge, which is punishable by three years in state prison or one year in county jail.
Kidnapping – If an individual commits a carjacking, detains the driver/passenger in the vehicle, and drives off with them, they have committed a kidnapping. However, a person cannot be charged with kidnapping and carjacking. As a result, the carjacking charge will be dropped, and the individual will be prosecuted for kidnapping, which carries a life sentence with the possibility of parole.
Battery – If an individual uses force or violence against a passenger in dealing with them, this is considered battery. Prosecutors can file battery as a misdemeanor, carrying a six-month jail sentence.
What are the Legal Defenses of Carjacking?
Although carjacking is a crime, a criminal defense lawyer can use several legal defenses on their client’s behalf, which is why you should always contact an LA attorney. These defenses include:
No Force/Fear: If an individual did not use fear or force to take the vehicle, they have not violated Penal Code 215 PC, the carjacking law in California.
Consent: A carjacking only occurs when an individual takes a vehicle against the driver or passenger’s will. As a result, if the individual taking the car has consented, no carjacking has occurred.
Mistaken Identity: Carjackings are stressful. As a result, the victim may incorrectly identify the aggressor, leading to a wrongful conviction and carjacking victimization.
No Claim of Right: If an individual carjacks your vehicle, you are not allowed to use fear or force to claim it back or in preventing a carjacking, even though you are the rightful owner of the car. This is because California considers carjacking a crime against possession.
Can I Get Probation for Carjacking?
In some cases, the court may grant the convicted individual probation for carjacking. Typically this is usually for a period of three to five years. Further, the court may deem the probation as felony probation, in which case the defendant must have a probation officer.
If you have been a victim of a crime, and you are having second doubts about filing a claim against the person who committed the crime, you should know that the law requires that you file a claim within a certain time limit. If you fail to file a claim within the limitations period, the law will consider the case to be barred.
What is the Statute of Limitations?
The statute of limitations is a rule of law that governs the time in which a person can file criminal charges or civil cases against another person. This is an important rule because it protects people from having to defend themselves against lawsuits that are brought against them after years or decades have passed.
California Civil Statute of Limitations Laws
There are two types of statutes of limitations in California – the criminal statute of limitation and the civil statute of limitation. The first type of California statute of limitations is for civil cases. This type of statute of limitations applies to civil cases that are filed in a court of law. These cases include personal injury, property damage, and other types of claims.
Criminal Statute of Limitations in California
The other type of California statute of limitations is for criminal offenses. This type of statute of limitations applies to criminal cases that are filed in a court of law. These cases include murder, manslaughter, and other types of crimes.
No Limitation – There is no time limit for offenses punishable by death or a life sentence, such as first-degree murder and treason.
Six-Year Limitation – There’s a six-year limit for offenses such as first-degree robbery, arson, and kidnapping.
One-Year Limitation – Code section 802(a) of the California Penal Codes state that aside from “as provided in subdivision (b), (c), (d), or (e),” if an offense isn’t punishable by death or imprisonment, the statute of limitation would be one year.
Criminal Offenses and Their Statutes of Limitations?
While the most common statutes of limitations are one, three, and six years, there are also some other criminal offenses that have different statutes of limitations.
Below is a quick overview of the statute of limitations criminal for other offenses:
10 years– Charges of child pornography or failure to register as a sex offender after being convicted come with 10-year statutes of limitations.
5 years – Offenses related to elder abuse or crimes against dependent adults come with 5-year statutes of limitations.
4 years – Crimes including, but not limited to theft from an elder, fraud, breach of fiduciary obligation, and public official misconduct come with 4-year statutes of limitations.
3 years– Crimes like theft of a firearm, burglary, and assault come with 3-year statutes of limitations.
2 years – Sexual misconduct by a therapist or a physician comes with a 2-year statute of limitation.
What Crimes Have No Statute of Limitations in CA?
There are certain crimes that have no statute of limitations in California. This means that even though the crime was committed years or decades ago, the victim can still bring a lawsuit against the perpetrator.
Capital crimes, including murder, manslaughter, and other violent crimes have no statute of limitations in California. A capital crime is defined as a crime that carries a penalty of death or life imprisonment without the possibility of parole.
What is an Exception to the Statute of Limitations?
Tolling refers to the reinstatement of the statute of limitations after it has expired. It is a method used to extend the period of limitations, in the event the victim is incapable of bringing a case within the time limits.
In order to toll the statute of limitations, the following conditions must be met:
The victim is a minor or below 18 years of age.
The victim was declared mentally incompetent.
The victim is in prison.
The victim is currently in military service.
The victim is incapacitated or in a coma.
Tolling is not automatic. You can only get the benefit of tolling if you meet the conditions listed above. The court evaluates each case on its own merit, so it’s best to consult an experienced criminal defense attorney if you’ve been charged with a crime. A criminal law expert can help protect your rights and better understand your legal options.
When Does Statute of Limitations Start?
When the victim of a crime becomes aware of the injury and the identity of the person who caused the injury, the statute of limitations starts to run. This is known as the discovery rule. The discovery rule allows the victim to bring a lawsuit even if the crime occurred years or decades ago.
This is particularly beneficial for those who have been a victim of crime during their childhood. The same concept applies to elderly people who are no longer capable of speaking for themselves.
Can I Still Sue After the Statute of Limitations Passes?
Generally speaking, when the statute of limitations has passed, you can no longer sue the person who committed the crime. Unless you are eligible for tolling, you cannot sue someone after the statute of limitations has passed.
When you are a victim of a crime, you should report it to the police as soon as possible. You don’t want to wait too long. Once the statute of limitations expires, you will no longer be able to file a lawsuit. That’s why it’s important to know what your rights are and to take action immediately.
If you have been accused of a crime that has happened years or decades ago, one of the strongest possible defenses that you can use is to claim that the statute of limitations has expired. In order to prove your innocence, you need to hire a professional law group or firm that specializes in criminal law to help you prepare a strong defense and make sure that you don’t get a conviction.
The federal legislation recognizes the term hate crime as a “traditional offense with an added bias element.”That indicates anything from vandalism to arson and murder, with the difference that the victim was chosen because of its ethnicity, race, disability, religion, or other specific elements.
Each state can have a different hate crime law, so what about the statutes in California? Here is what you should know about how hate crimes are regulated in this state!
What Is a Hate Crime?
A hate crime has many offenses as the underlying crime. That varies from physical assault, bullying, and harassment to mail crime, property damage, offensive letters, and graffiti.
The critical component of a hate crime is that the victim belongs to a particular social group. Actually, it’s enough for the offender to believe that they are a member of that group. It could be a specific nationality, race, religion, sexual orientation, or gender identity. Some even have a bias toward a physical appearance, and that prejudice can lead to a hate crime.
You can report hate crimes to authorities. According to reports, there were 1,530 hate crimes in California in 2020. The motivation for over 1,000 offenses was racial bias. Most hate crimes were violent crimes, ranging from intimidation to aggravated assault.
Unfortunately, hate crime statistics don’t show the deterioration of bias-motivated violence after implementing this law.
Does Los Angeles Have a High Crime Rate?
According to the 2018 Los Angeles County Commission on Human Relations hate crime report, there was an increase in these crimes by 2.6% in 2018.
That year, the number of reported hate crimes was 521 which was the largest amount the city has seen since 2009.
Racially-motivated hate crimes made up the majority of hate-related crimes that year at 52%. While religious crimes were on the decline in 2018, anti-Jewish crimes were rising by 14%. Hate crimes where there was anti-Jewish sentiment made up an overwhelming amount of the religion-motivated crimes at 83%.
African-Americans were the most victimized in racial-hate crimes in the county and a highly victimized group in both anti-transgender crimes and sexual orientation crimes. African Americans make up 9% of those living in Los Angeles Count, but they are targeted by racial hate crimes 49% of the time.
The Metro SPA Region had the most hate crimes reported. San Fernando Valley was next for most reported hate crimes. There were 92 hate crimes that went to the District Attorney and charges were filed in 81 of those cases. There were 77 adults and four juveniles charged for hate crimes in L.A. County. Of those that were charged 64 adults received felonies while 13 received misdemeanors.
The state defines hate crimes as those which produce evidence that offenses were committed with bias, hatred, or prejudice against other’s race, religion, ancestry, national origin, disability, gender, or sexual orientation. The most prevalent factor behind hate crimes in the county was race. Sexual orientation and religion followed closely behind as motivating factors for hate crimes in 2018.
What Is the Difference Between a Violent Crime and a Hate Crime?
A violent crime involves using violence, but it isn’t necessarily motivated by hate. Here is an example – a robbery that went wrong and resulted in a great bodily injury to the worker at the gas station is a violent crime. You could even consider it attempted murder, but it’s not a hate crime. The robber didn’t shoot the worker because they hated him on a racial on any other basis.
Different types of violent crimes also include forced sex acts, arson, assault and battery, kidnapping, extortion, first-degree burglary, etc. The main difference is that violent crimes can be hate crimes, but that’s not mandatory.
What Are the Different Types of a Hate Crime?
There’s an actual and perceived characteristic of hate crimes. The actual characteristic is when the offender acts toward a person that really belongs to a specific social group.
On the other hand, the perceived characteristic is when the offender only thinks the victim belongs to that group. They could commit the act thinking the victim belongs to a specific religion. But if they don’t get confirmation, it could turn out the victim wasn’t a member of that religion.
The types of hate crimes vary but could include:
Assault– It occurs when the victim fears imminent harm.
Battery – It happens when the offender actually commits or attempts a physical strike or offensive touch.
Disturbing the peace – For example, this could be stopping a religious meeting on bias motivation.
If you’ve been accused of a hate crime, it’s necessary to contact a professional lawyer immediately. Our experts offer everything from assault and battery to disturbing the peace attorney services. You can count on our skills and decades of experience to help you define the best defense strategy for your case.
When Is a Hate Incident Also a Hate Crime?
A hate incident is a behavior or action led by biased motivation. While hate is the reason behind the incident, the law doesn’t qualify it as a crime.
Hate incidents include, but aren’t limited to:
Name-calling and insulting someone
Posting hate material on personal property, but also in a way that doesn’t cause other property damage
Distributing materials with hate messages
The freedom of speech given by the US Constitution allows hate incidents as long as they don’t break someone’s civil rights. According to the California Ralph Act, every person has a civil right to be free of the threat of violence or actual violence. That includes violence to the individual and their property based on biased motivation for belonging to a specific group.
What Are the Penalties for Hate Crimes in California?
California law says it is a crime in and of itself if someone acts, based on prohibited bias, too:
intentionally injure, intimidate or threaten someone that prevents the exercise of a person’s civil rights; or
intentionally damage or destroy a person’s property in order to interfere with the exercise of his/her legal and constitutional rights.
Violation of this law is enough to receive criminal penalties, and the prosecutor does not have to prove any other California criminal law was violated. However, speech, without a physical act, is not enough to be convicted under this statute, unless:
the speech threatened violence; and
the accused had an evident ability to carry out the threat.
A conviction for this offense is a misdemeanor and subject to sentences of up to one year in jail, $5,000 in fines, and 400 hours of community service.
California has an enhanced penalty for hate crimes. Depending on what the offender committed, the offense could be upgraded, which leads to harsher sentences. California also has civil remedies for hate crimes, and they vary on the case.
Criminal Penalties
The potential criminal penalty depends on the act committed. A hate crime can be used to get an enhanced penalty for the offender. For example, you commit a felony punishable with three years in prison. The court determined it was not only a felony but also a hate crime. The additional sentence for that is up to three more years in prison.
Some hate crimes are a misdemeanor, which means they are punishable by less than a year in prison. The Penal Code 422.7 PC states that committing a hate crime could upgrade a misdemeanor into a felony. You can avoid that with a reliable criminal defense lawyer in your corner, so make sure to contact our experts as soon as possible!
Civil Remedies
As for civil remedies in California, hate crime victims have the right to ask:
Equitable or injunctive relief
Restraining order
Actual and punitive damages
Penalty assessments
The maximum civil penalty can be $25K plus attorney’s fees. If you were accused of a hate crime, don’t hesitate to contact our lawyers. We have a professional team that will build the best case possible to help you get through the process with the lowest possible consequences.
What Are the Consequences and Defenses?
If the criminal act committed is also a hate crime, it could increase the penalty to three years in prison. It’s the court’s discretion to determine if it will be 12, 24, or 36 months. And if the offender voluntarily acted with others, the maximum enhanced penalty for a hate crime is 48 months.
Unfortunately, people often get wrongly accused of hate crimes. It’s because the victims frequently belong to sensitive social groups that are actually common victims of these crimes. Court has a hard task to determine whether there was a biased motivation for the crime. That’s why your lawyer could create a defense that would respond to accusations and reject them.
The defenses include the following:
The hate crime didn’t happen. You can argue that there was biased motivation, but a wrongful act toward the victim never occurred.
There was no biased motivation. Another approach is to admit the criminal act but deny that the offender was biased. While this could remove the hate crime charge, the offender would usually end up guilty for the underlying crime.
Free speech. The US Constitution allows free speech. Depending on the case, you could argue that the offender believes they spoke freely and didn’t commit a criminal act. This defense is only applicable if the hate crime was only verbal.
What to Do If You Have Been Charged with a Hate Crime?
Hate crimes are particularly sensitive, especially if the public is involved. If you hear that someone was arrested and accused of a hate crime, the public will rush to convict the individual. It’s hard to change the public’s perception later, but you need to fight for your innocence.
The first thing you need is a competent and experienced attorney. An assault and battery lawyer specializes in those cases, but you also need an expert in hate crimes. Our team has massive experience and a wide range of skills necessary for penalty acquittal or mitigation. Working with our skilled lawyers gives you the best possible chance at a successful outcome.
If you’ve been charged with a hate crime, contact our office and schedule an appointment to discuss potential defense options!
Speak to a Criminal Defense Attorney
If you have either been suspected or charged with a hate crime, contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible. Immediate action is needed to preserve evidence and witness testimony. Call our Los Angeles criminal defense firm today for an initial case analysis.
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