Criminal Law Blog

Yes, You Can Get a DUI After Drinking Just One Glass of Wine

In California, as in most other states, you can get charged with driving under the influence (DUI) if your blood alcohol content (BAC) is 0.08 percent or higher.  If your BAC is well above that limit, the penalties will probably be more serious than if your BAC is just slightly above 0.08, even if you do not cause an accident.  If you are drunk enough to make a driving mistake egregious enough for the police to notice it, then you are drunk enough to get a DUI. 

In some cases, drinking just one alcoholic beverage is enough to put your BAC over the legal limit.  It depends on how strong the drink was, your body weight, whether you consumed it with food or on an empty stomach, and how much time passed between the time you finished drinking and the time you started driving.  If you drink vodka and cranberry juice that resembles the color of a California sunrise more than the color of a ruby, you are plenty drunk to get a DUI.  If you are facing criminal charges for drunk driving, contact a Los Angeles DUI defense lawyer.

PK Kemsley Gets Arrested for Driving With BAC Just Above the Legal Limit

Paul “PK” Kemsley is a household name in Britain because of his association with the Tottenham Hotspurs football club and with the British version of the reality show The Apprentice, but American audiences know him best because of another reality show; his wife Dorit Kemsley is a main cast member on The Real Housewives of Beverly Hills.

One evening in November 2021, Kemsley ate dinner at a restaurant with a business colleague, where he drank a glass of wine with dinner.  After he left the restaurant, he was driving home on the 101, and a police officer pulled him over; the Page Six celebrity news website did not specify why the officer decided to conduct the traffic stop. 

Kemsley took a breathalyzer test, which recorded his BAC as 0.081, just slightly above the legal limit.  The officer arrested him for DUI and took him to the police station.  Authorities administered another breathalyzer test once Kemsley arrived at the station; this time, his BAC was 0.073, which is below the legal limit. A member of the California Highway Patrol then drove him home.

Kemsley, 54, had never been arrested for DUI or for any other offense prior to this incident.  He is a prime candidate for pretrial diversion, where he can get his charges dropped if he complies with the requirements.  He may not even get criminal charges at all.

Contact the Manshoory Law Group About DUI Defense

A Los Angeles criminal defense lawyer can help you if you are being accused of DUI after a traffic stop where a breathalyzer test showed your BAC as above 0.08, or where you refused a breathalyzer test.  Your initial consultation is always free, so contact us at Manshoory Law Group in Los Angeles, California, or call (877)977-7750 to discuss your case.

Youtuber Shadman Arrested for Assault with a Deadly Weapon in Los Angeles

Since the days of America Online in the 1990s or even its predecessors the text-only bulletin board systems that tied up the phone lines of fun-loving nerds for hours on end in the 1980s, conventional wisdom has always dictated that you should not reveal your true identity online.  This has led both to people saying and doing horrible things online behind the veil of pseudonymity as well as to friendships, or at least to friendly fan relationships, among people who do not know each other’s real names. 

When an influencer or other social media star gets accused of a crime, though, the speculation about it often involves connecting a real name, present on the arrest record or arrest warrant, to the online pseudonym.  Whether you have thousands of followers on social media or zero, you have the right to representation by a Los Angeles violent crimes defense lawyer if you get charged with assault or another violent crime.

The Rise and Fall of Shadman

A graphic artist who goes by the name Shadman has been posting his drawings online since 2009, and the consensus is that he is Shaddai Prejean, who was born in Switzerland and is now 31 years old.  Shadman, who always wears a face-covering in his videos, is no stranger to controversy.  He has attracted criticism for his sexually suggestive drawings of popular animated characters and public figures, so much so that he removed the most controversial content from his site in 2019.

Today, Prejean is facing legal trouble.  In late October 2021, he was arrested in Los Angeles County after an altercation.  He is now facing criminal charges for assault with a deadly weapon, but few other details about the incident are available on news sites.

Assault With a Deadly Weapon Charges in California

You can get criminal charges for assault with a deadly weapon if you injure or attempt to injure someone with a weapon such as a firearm or a knife.  The charge applies whether or not the victim actually suffers bodily injury.  Assault with a deadly weapon is a felony, punishable by up to four years in state prison, or else by a year in jail and a $1,000 fine.

Any of several defenses might apply.  You might argue that you assaulted someone but did not have a weapon.  In other cases, you might argue that you used the weapon by accident or that you acted in self-defense.  Your criminal defense lawyer can help you decide which defense to use or whether you should seek a plea deal.

Contact the Manshoory Law Group About Accusations of Assault With a Deadly Weapon

A Los Angeles criminal defense lawyer can help you if you are being accused of assault with a deadly weapon or another kind of criminal offense that involves violence or bodily injury.  Your initial consultation is always free, so contact us at Manshoory Law Group in Los Angeles, California, or call (877)977-7750 to discuss your case.

How Long Does A DUI Stay on Your Record in California?

How Long Does a DUI Stay on Your Criminal and Driving Record?

If you are convicted of a DUI in California, the conviction will go on both your driving record and your criminal record. In California, a DUI will stay on your driving record for 10 years. This period starts from the date of your arrest, rather than the date of your conviction.

This can affect decisions that the DMV makes about whether to suspend, revoke or reinstate your driving license. Insurance companies will also be able to see a DUI on your driving record and can increase your rates as a result.

A California DUI conviction will stay on your criminal record permanently. However, in some cases, you can get a DUI expunged from your record once you have paid any fines, served your custodial sentence, or completed your probation period.

Passing a background check with a DUI on your record can be difficult. If you get convicted of a DUI in California, the conviction can show up on a background check for up to ten years. A background check can also reveal any charges related to a DUI, such as convictions for refusing a BAC test after a DUI arrest or other impaired driving offenses.

However, whether you already have a DUI on your record or you are facing a possible conviction, a Los Angeles DUI attorney may be able to help you.

How to Remove DUI From a Driving Record?

You cannot remove a DUI from your driving record in California. After 10 years, it will be removed from your record. Until then, it could appear in background checks if your employer decides to check your driving record as well as your criminal record.

You can request public record sites to take down information about you, but it will still be available in public data archives.

How to Remove DUI From a Criminal Record?

A DUI conviction can be removed from your criminal record under certain conditions. This is called an expungement.

The conviction can be expunged from your record if you meet the following criteria:

• You have completed all penalties given for your DUI conviction, such as completing probation and paying fines
• You did not have to spend time in state prison for the conviction
• You are not currently facing the possibility of any other criminal convictions

While an expunged DUI conviction usually does not show up on a criminal background check, some will report that a conviction has been expunged from your record.

Expunging your DUI conviction can help you get a job or an apartment. If you have a DUI conviction on your record or are facing a DUI charge in California, contact our attorneys for expert legal advice to get you the best outcome.

Halloween Driving Safety Tips

Halloween Safety Statistics

Halloween is one of the most popular holidays for both kids and adults, and for adults, it can often involve drinking. Sadly, this leads to some sobering statistics:

• 44% of national fatal crashes during Halloween weekend involved a driver or motorcyclist who was above the legal blood alcohol level.
• 38% of fatal crashes that occurred on Halloween night involved a driver or motorcyclist under the influence of alcohol.
• 23% of pedestrian fatalities on Halloween night were killed by a drunk driver.

What are 6 Halloween Driving Safety Tips

The most obvious road safety tip for Halloween, and every other night of the year, is to never get behind the wheel if you have been drinking, or get in a vehicle driven by someone who may have been drinking. Here are a few other tips to stay safe on the roads this Halloween:

Keep an Eye Out

The streets are going to be full of people dressed in dark costumes, so drivers should be extra aware of pedestrians on the sidewalk. This is especially important in residential areas, where there might be excited kids running around and potentially out onto the road without warning.

Watch the other vehicles on the road as well as the pedestrians. Halloween sees a significant increase in the number of intoxicated drivers on the roads at night, so give yourself the space to react safely to an erratic driver.

Drive Slowly

In any area where there are partygoers heading between bars and clubs, or kids running from door to door, keep your speed to a minimum. You can’t always rely on pedestrians to be aware of the road, and you need to be ready to react if someone suddenly dashes out in front of you.

In particular, be extra careful around junctions and blind corners, where the impaired reactions of a drunk driver could put you in danger if they don’t see you in time.

Use Mirrors and Hazard Lights

Pay extra attention to your mirrors on Halloween, for both pedestrians and other drivers. A drunk driver is more likely to misjudge the distance between them and the vehicle ahead and is also more likely to make a mistake while attempting to pass you. Drunk drivers are also less likely to notice that you have kids on board and give you extra space, making it even more important to be aware of what is going on behind you.

While it may be tempting to turn your hazard lights on to make your vehicle more noticeable, in California it is illegal to drive with your hazard lights on without a valid reason such as a road accident or breakdown. Driving with your hazard lights on can make the roads more dangerous, as you are unable to use your turn signals to tell other drivers where you are going.

Turn on Your Headlights

Thanks to all of the darkly colored costumes people tend to wear on Halloween, they will be harder to see than usual. Turning your headlights on, even in areas well-lit by street lights, does not just make it easier for you to see. It also makes it easier for pedestrians and oncoming traffic to see you.

Avoid Passing Other Cars

If you don’t need to pass someone then don’t do it, especially if they are showing any signs of impaired driving. An intoxicated driver may swerve unpredictably as you pass, especially if they lack the awareness to notice you coming. They are also more prone to road rage and irrational decisions such as deciding to block you from re-entering the lane or race ahead of you, or other behaviors that could lead to an accident.

Eliminate Distractions at All Costs

Stay ready to react to any problem that appears on the road by avoiding distractions in your vehicles, such as loud passengers or music. Using a cell phone while driving is already illegal due to it being a dangerous distraction, but even conversation with a passenger or on a hands-free set can reduce your awareness and reaction time.

If you are involved in a drunk driving incident this Halloween and want to make sure you get the outcome you deserve, contact our lawyers immediately. Our criminal defense lawyers are well-versed in the law surrounding DUI cases and can help you fight the allegations made against you.

What Happens When Someone Presses Charges Against You?

What does it mean to press charges against someone?

Pressing charges against someone means prosecuting a criminal case against a suspect of a crime. This is done by a prosecutor, not the victim of the crime. While the victim of a crime is not responsible for pressing charges, you usually need to file a police report about a crime someone committed against you to enable the prosecutor to press charges, and your report will provide key testimony for the case.

Unlike when you sue someone, you are not responsible for organizing or paying for the prosecution of the case. Also unlike when you sue someone, you will not benefit financially from the outcome of the case if it is decided in court; however, you can agree to accept financial compensation as part of a plea bargain, often in exchange for you pressing a charge that carries less severe punishment.

How Does Police Decide Whether to Press Charges?

The police also do not press charges against you, but they do file a report of their own which factors into the prosecutor’s decision of whether to press charges or not.

How Does a Prosecutor Decide to Press Charges?

The prosecutor starts the decision-making process by reviewing all of the evidence of the case, the complaint itself, and police reports of the alleged crime.

Next, the prosecutor must review the strength of the case, and whether prosecuting it is a good use of public resources. In other words, if the prosecutor believes that pressing charges is unlikely to result in a conviction, they may decide not to do it. This decision will consider the relevant local laws and legal precedents, the suspect’s prior criminal history, and the expected level of cooperation from victims and witnesses.

They also need to consider whether it is worth allocating some of the prosecution office’s limited resources to pressing charges in this case. For example, if the prosecution office is focusing its resources on serious crimes such as violent felonies and homicides, they may decide not to spend their resources on pressing minor fraud charges.

In some states, the prosecutor will present the evidence of the case to a grand jury. The grand jury will hear the prosecutor’s case against the defendant and decide whether the evidence of the case supports the criminal charges being proposed or not. This decision does not decide whether or not the defendant is guilty. If the grand jury decides that the available evidence justifies pressing charges against the defendant, they will issue an indictment, allowing the prosecutor to proceed with the case.

What Happens If the Prosecutor Refuses to Press Charges?

If the prosecutor concludes that there is not enough evidence to put forward a case, or that they want to focus their resources elsewhere, they can decide not to press charges against the defendant.

As a general rule, the prosecutor cannot be forced to press charges if they decide against it. Their decision is not necessarily final, however. If they are put under political or public pressure to press charges, they may choose to re-review the case or put it in front of a grand jury to be sure that they made the right decision. This can happen at any time after their decision not to press charges until the statute of limitations on those charges expires.

The statute of limitations means that depending on the charge, there is a time limit on the prosecutor’s ability to press charges. Once that amount of time has passed after the alleged crime took place, the defendant can file a motion to dismiss the case outright, and judges have to accept that motion. Unless the defendant feels a need to clear their name in the public eye, they have no real reason to defend themselves against a case they can dismiss in this way.

How Do You Know if Someone Presses Charges Against You?

There are a few ways you find out if someone has pressed charges against you.

It is a common myth that police have to tell you what you are being charged with when they arrest you. If you are arrested, there is no legal requirement to inform you of your charges until a hearing called an arraignment. At the arraignment, you will hear the charges being pressed against you, and say whether you are going to plead guilty or not guilty. A Los Angeles criminal defense lawyer can help you find out a lot of the information you need when you are in custody and not getting any answers from the police.

There are ways to find out about charges that have been pressed against you before your arrest or arraignment, however. Police reports are public documents, and you have a right to read police reports about incidents you are alleged to have been involved in. If you are having charges pressed against you, they will be in the police report.

If you have not been arrested but you think there may be charges filed against you that you want to prepare for, you can contact the local criminal court and ask if there are any court dates, bench warrants, or pending cases filed against you. The sooner you find out about charges against you, the sooner you can contact an investigations lawyer to improve your hand at the pre-trial negotiations.

You can also ask the police to perform a check for charges against you. If they are investigating your involvement in a crime but have not pressed charges yet, they do not have to tell you that they are investigating you.

How long can someone press charges against you?

The statute of limitations on the charges determines how long after the incident they can be pressed. This could be as short as a year or two for minor offenses, while serious crimes can have a time limit measured in decades or no time limit at all.

If you have been taken into police custody, there is a much shorter time limit on how long you can be held before hearing your charges. Depending on local law, your arraignment usually has to happen within 2 or 3 days of your arrest. After that, the prosecutor can still decide to press charges against you, but you cannot be held in jail longer than that without charges.

Can you go to jail if someone presses Charges?

The police do not always arrest you and take you to jail if someone files a report against you, or if the prosecutor decides to press charges. Whether or not you will go to jail before your court decision depends on how much you are considered a risk, either in terms of your likelihood of going on the run, of committing further crimes, or of influencing the victims and witnesses of your case (which also falls under the category of committing further crimes). This decision is also determined by your charges and criminal history.

How Can I Fight Charges Pressed Against Me in California?

If someone is pressing charges against you in California, Manshoory Law Group can help you organize an independent investigation of the incident, prepare a stronger defense, or get a better deal in a plea bargain. Before your trial, we can also help get you out of jail by fighting to reduce your bail amount and helping you secure bail bonds. Contact the best lawyer in LA for a free consultation of your case.

Can You Go to Jail for Stealthing?

Is Stealthing Illegal?

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

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

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

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

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

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

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

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

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

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

Contact the Manshoory Law Group About Allegations of Sexual Battery

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

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

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

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

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

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

What are California’s Stand Your Ground Laws?

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

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

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

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

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

Self Defense and “Stand Your Ground”

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

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

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

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

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

Speak to a Los Angeles Criminal Defense Attorney Today

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

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

Harvey Weinstein Gets One Count of Sexual Battery Against Him Dismissed

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

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

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

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

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

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

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

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

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

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

Contact a Los Angeles Sex Crime Attorney

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

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

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

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

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

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

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

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

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

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

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

Speak with a Los Angeles Criminal Defense Attorney Today

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

California Self-Defense Laws: What is the Legal Definition of Self-Defense?

What is California Self Defense Law?

Self-defense is the act of using force to defend yourself or someone else. Using force against people is normally a crime. When you claim self-defense as a legal defense for your actions, you are admitting that you committed the crime, but did so only to defend yourself. This is a form of affirmative defense.

California self-defense laws allow you to use force, up to and including lethal force, to defend yourself or other people. This means that if you have a reasonable belief that someone presents an imminent danger, you may use proportionate force to stop the threat.

Is California a ‘Stand Your Ground’ State?

Self-defense laws explicitly state that if you are in immediate danger, you do not have any obligation to retreat (Penal Code 198.5). Even if retreat is available and appears to be a safer option, you have the right of self-defense and are legally entitled to stand your ground against an attacker. This is the opposite of ‘Duty to Retreat’ self-defense rules. In states with a ‘Duty to Retreat’ doctrine, victims of violent crimes are obliged to attempt any available escapes before defending themselves with force.

For example, if you are walking on the street and someone threatens you with a weapon, assaults you, or otherwise illegally uses force against you, California laws of self-defense do not require you to run away or leave the area. If you are somewhere you are entitled to be, like a public area, then you can use the necessary force to remain in that place without becoming the victim of a violent crime.

In some circumstances, you may even pursue an attacker if it can reasonably be deemed necessary to prevent their attempted crime.

Is California a “Castle Doctrine” State?

In California, like many other states, your right to stand your ground applies within your own home with additional protections. Most significantly, there is a legal presumption that you feared imminent serious injury or death. This legal principle is known as the Castle Doctrine.

The specifics of this California self-defense gun law differ from state to state. In California, the Castle Doctrine only applies within your home itself, not all of your property. In other words, it does not apply in your yard, driveway, and other outdoor areas.

This means that if an intruder breaks into your home, the court must assume that it was reasonable for you to believe you were in imminent danger. As a result, if an intruder forces their way into your home, your use of force, up to and including the use of deadly force in self-defense, will be given the benefit of the doubt unless contradictory evidence can be produced.

When is Self Defense Justified?

When you act in self-defense, you have committed a violent crime, and you could be punished for it if you did so in a situation where you cannot claim self-defense. Some valid self-defense uses are obvious. If someone physically assaults you or someone else around you, you may use force to dissuade them from further violence or render them incapable of further violence, as necessary. Under the Castle Doctrine, uses of force against a home intruder are usually considered valid self-defense.

Outside of your home, you can generally only claim self-defense when you are acting to prevent use or threat of violence. This means that you cannot use force to prevent larceny-theft, such as someone stealing a package from your porch. However, if someone commits robbery, this involves the use of force.

For example, when someone brandishes a weapon at you or threatens to assault you if you do not hand over your possessions or vacate your vehicle. In these scenarios, the threat of violence creates a reason for you to believe that force is necessary to protect yourself from harm, which can justify your claim of self-defense.

What are the Elements of Self-Defense in California?

To successfully claim self-defense after using force against someone, you must prove that:

• You reasonably believed yourself or someone else to be in imminent danger
• You reasonably believed that using force was necessary to prevent harm
• You did not use more force than was necessary to prevent harm

Proving these is not always straightforward, but violent crimes lawyers can help you make the best argument for your case.

• Imminent Danger

Imminent danger means that there is a possibility of you or someone else being harmed, and it is happening right now. You cannot claim self-defense for an action you take pre-emptively.

For example, if someone brandishes a weapon and approaches you with it, there is an immediate threat. However, if someone threatens you with violence that will happen at a later point, such as by making a threatening phone call, you cannot use force in response to that threat alone.

You also cannot claim self-defense for an action you take in response to harm that has already occurred and is no longer happening. For example, if someone assaults you then you can defend yourself at the time, but you cannot seek them out later to attack them.

• Reasonable Belief a Threat Exists

Your belief that there is a real threat can be reasonable even if the threat does not really exist. A jury will decide whether a reasonable person would have believed the danger was real if they had been in your position, with the information you had.

For example, if someone points a fake or unloaded gun at you, most people would assume that the gun is real and loaded. As a result, you had a reasonable belief that you were in imminent danger and needed to use force, even though your assumption was incorrect.

On the other hand, your belief that you are in danger can also be unreasonable. For example, if you are experiencing paranoid delusions or hallucinations you may feel that someone intends you harm, and respond with force. A reasonable person would not have believed that they were in any danger, so you cannot argue that you had a reasonable belief of the threat.

• Justifiable Force

You cannot use a level of force that exceeds what is needed to stop a threat. For example, if someone shoves you, you may be justified in shoving them back to get them away from you. Responding to this assault by shooting or stabbing someone would likely be seen as an excessive force that was not needed to end the threat.

This is more complex than the initial level of violence or the type of weapon involved, however. There are many factors that can affect whether your use of force was justified.

If you are outnumbered or physically outmatched, this can justify a reasonable belief that greater use of force was needed to prevent the threat. There can also be situations where a reasonable person might deem less force to be necessary, such as if you use self-defense against a minor.

What are the Limits of Self Defense?

You can only claim self-defense when you have used force to protect human life or protect a person from bodily harm such as assault, kidnapping, or sexual assault. In California, your use of force must be proportionate to the threat.

The legal right of self-defense ends when there is no longer an imminent danger. You must stop using force as soon as the threat has passed. For example, you cannot continue to hurt someone once they are restrained or unconscious, because they are not a danger to you anymore, regardless of what they did or attempted to do to you previously.

What is Imperfect Self Defense?

Imperfect self-defense means that your case does not have all three elements of a self-defense action; however, it has enough elements that you are partially excused for your crime. This can result in receiving a lesser charge, such as turning a murder charge into a voluntary manslaughter charge, which carries a lighter sentence.

Can I Claim Self-Defense If I Hit Someone First?

You can claim self-defense even if you attacked first, but this places even more emphasis on the grey areas of whether your belief of danger was reasonable, and the use of force justified. For example, you could argue that someone bunched their fist and tensed as though they were going to punch you, so you acted to restrain them before they could do it.

If you have previously assaulted someone before leaving the scene and they later attack you, you can claim self-defense for using force to prevent their attack, even if you are found guilty of the initial assault.

Can you go to Jail for Self Defense in California?

If the jury finds that your actions were not self-defense, or were a case of imperfect self-defense, you can be convicted of a crime that carries a prison sentence. The highest charge you can be convicted of for imperfect self-defense is voluntary manslaughter (Penal Code 192), which can have a sentence of up to eleven years and a fine of up to $10,000.

Have you been involved in a self-defense incident and need a Los Angeles criminal defense lawyer? Contact the best attorney in LA to ensure the best outcome for your case.

How are California Fines and Restitution Different?

What are Fine and Restitution?

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

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

What is the Difference Between Fines and Restitution in California?

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

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

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

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

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

Speak to a Los Angeles Criminal Attorney Today

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

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