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.
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.
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.
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.
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.
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:
Law enforcement is needed to maintain the safety and order of society but if you face any interactions with police and the law, it can feel anything but safe at times. In fact, it can be a stressful and scary situation. The Fourth Amendment protects us from unreasonable searches and seizures but like all things pertaining to the law, there are exceptions. Understanding how to interact with the police and what your rights are is important, especially when it comes to searches. Contact a Sacramento criminal attorney for any specific questions or situations you may have.
The crime of battery is defined as a deliberate harmful or offensive touching of someone else without his or her consent. Although we tend to think of battery as a violent act, such as a punch in the nose or a kick to the stomach, a light brush of the hand can be battery in some cases. A man who deliberately rubs his hand across a woman’s breast without her consent, for example, commits battery, even if the woman isn’t physically injured, because the touching is highly offensive to the woman.
In California, it’s illegal to transport, sell, furnish, administer or import drugs like heroin, peyote, cocaine, opiates, some hallucinogens, GHB, hydrocodone and codeine. You can be convicted of drug transportation when you move it from one place to another regardless of the length or the mode of transportation. It doesn’t matter if you transported with the intent to sell or distribute them, you can still be convicted of moving them since drug laws are designed to punish drug dealers and suppliers. Usually, these charges are identified through “sting” operations but there are chances that you can get caught by witnesses.
Both DUI and DWI law are geared to protecting the public from drivers under the influence of alcohol or some other intoxicant. While they appear to be the same and some states use the terms interchangeably, other states classify them as separate crimes.
DUI is an acronym for Driving Under the Influence and covers both alcohol and drug offense. DWI is an acronym for Driving While Impaired or Intoxicated. In those state that recognize them as separate violations, DUI is a lesser charge then DWI which will carry heavier penalties. Sometimes DWI can be reduced to a DUI if the case meet certain criteria.