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Spousal & Child Abuse Charges

Domestic violence occurs in millions of homes throughout the state of California. It is an insidious crime that often goes unreported and without a couple’s closest friends knowing. The victims often feel helpless and unsure of whether abuse is actually occurring, as the psychology of abuse can be quite damaging. As such, the state of California takes spousal and child abuse quite seriously. These two violent acts are types of domestic violence, and are considered more serious than other kinds of abuse in the state of California and should be handled with the legal experience of a Sacramento criminal lawyer.

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Driving Under the Influence

n California, Driving Under the Influence (DUI) is a serious offense. Unlike traffic infractions, a DUI is a criminal offense, and even a first offense can lead to onerous penalties including license suspension, jail, fines, and mandatory DUI classes.

A DUI conviction also will almost certainly lead to a substantial increase in an offender’s automobile insurance rates. As a result, it is not unusual for even first-time DUI offenders to end up with fines, fees, and other expenses costing in excess of $10,000, accompanied by the serious inconveniences of not being able to drive, having to serve jail time and/or community service, and being required to appear for court hearings and DUI classes.

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Infractions, Misdemeanors & Felonies

Whether you are being convicted of a misdemeanor or a felony, it’s important you contact criminal defense lawyers in Sacramento for legal representation immediately. There is a difference between the different conviction types and it’s important you understand each of them.

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Rape & Statutory Rape

Rape – “unlawful carnal knowledge” – is sexual intercourse with a woman without her consent. As far as the law in most states is concerned, a man cannot be “raped,” although he can be sodomized.

The rapist does not have to use physical force; threats of harm are sufficient. In most enlightened states, the victim does not have to resist the rapist physically, especially where any resistance would be futile and might subject her to more danger. For example, if a rapist wields a knife in front of his victim, telling her that he will slit her throat if she does not cooperate, the woman does not have to attempt to struggle with the rapist. To do so could well mean her death.

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Embezzlement & White Collar Crimes

Penal Code Section 503 covers the law surrounding embezzlement. California defines embezzlement as a white collar theft crime. All theft crimes are considered property crimes. The specific circumstances of the crime may make the crime eligible for prosecution under Penal Code 487 (grand theft), Penal Code 484 (petty theft), and Penal Code 459 (burglary). If you have been charged of embezzlement, make sure to consult with a skilled defense attorney in Sacramento.

Embezzlement is defined as the unlawful taking of property that has been entrusted to the offender but belongs to another person. Embezzlement differs from other theft crimes in that the property was legally possessed by the offender but then was taken without the permission of the owner. Embezzlement is usually committed by an employee, and thus is commonly referred to as employee theft.

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Three Strikes Law in California

As a part of the Justice Department’s Anti-Violence Strategy, habitual offender laws, often referred to as three-strike laws, were put into place in many states across America. With these laws, the third severe violent crime or serious felony for a single individual would result in a mandatory life sentence in prison. The goal was to deter repeat offenders by dramatically increasing their punishment after the third conviction. Being a repeat offender can cause serious repercussions in your life. Make sure to contact experienced criminal attorneys in Sacramento if you have been convicted more than once.

The first state to implement the three-strikes law was California when 72% of voters passed Proposition 184 in 1994. After California, 27 more states implemented similar laws, though none were quite as sweeping. In most states, only felony offenses qualify for a strike. Under Proposition 184 in California, the jail time for a second felony was double and a third strike resulted in a mandatory sentence of 25 years to life.

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Common Crimes Committed by College Students

Sending our children out into the world on their own can be both an exciting and terrifying time for a parent. This is a time for your child to learn and grow on their own, and that means that you will not have the same level of oversight and control over their activities. During this stage of development young adults push boundaries and test limits, and although we all hope that our children will make the right decisions, we have enough experience to know that will not always be the case.

Many of the charges that college students face center around the use of alcohol and are considered trivial by some, but keep in mind that they will affect your child’s criminal record and future employment opportunities all the same. It is important to act fast if your child has been charged with a crime.

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Sacramento Criminal Defense

When you are arrested lawfully, you can be searched without your consent. If you are arrested but not taken into custody, the police can search you for weapons and to prevent you from destroying any evidence. Should you be taken into custody, the police can conduct a full search of you, as well as the immediate area around you in case you hid something when the police arrived.

At the police station or the jail, you may be stripped-searched if the re is a possibility that you may be concealing drugs, contraband, or evidence on your body. Absent extenuating circumstances, a police officer of your own sex must do the search.

Once the jury is chosen, the trial begins. The adversary process is a process in which the adversaries attempt to achieve their different objectives through the rules of law and professional ethics. The prosecutor’s job is to obtain a conviction of the defendant. The prosecutor is an agent of the government and seeks to punish the criminal and prevent future crime.

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Drug Crimes

Drug crimes and how best to handle them are a hot topic of debate in the political arena these days and California has seen some significant changes to their drug laws in the last decade. While prosecutors have moved their focus away from users and possessors and have softened penalties for individuals convicted of these crimes, that focus has moved towards getting tough on drug manufacturers, distributors and traffickers.

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Assault With A Deadly Weapon

Assault with a deadly weapon (AWD) is a very serious charge defined by Penal Code 245 as an assault that is committed either with a “deadly weapon,” excluding firearms, or with such force that it’s likely to produce great bodily injury. Getting charged with such requires the assistance of an experienced Sacramento criminal attorney. There are several elements that must be proved in an AWD case:

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REQUEST A FREE CONSULTATION

If you have been arrested and charged with a crime, contact Sacramento criminal defense attorney at the Law Office of Wing & Parisi for free consultation.