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Child Abuse Criminal Charges in California

Child Abuse Criminal Charges in California

As a parent, you’re entitled to discipline your child as you deem necessary at least to a certain extent. According to California Penal Code 273, child abuse is considered a domestic violence crime and is subject to severe penalties. Such a conviction can not only destroy your reputation, family and career, but can ultimately destroy your life and freedom. It’s not too uncommon for individuals to be falsely accused of child abuse, especially when there are many factors and parties involved. That’s why it’s crucial if you, or someone you know has been falsely accused of child abuse, contacts a criminal defense lawyer in Sacramento to fight for your freedom.

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Common Examples of Mortgage Fraud Schemes in California

Common Examples of Mortgage Fraud Schemes in California

If you are being investigated or charged with mortgage fraud either on the state or federal level, you should be aware that it is now handled as a serious offense. Sometimes it is prosecuted as a misdemeanor, but it is more often charged as a felony. The President signed into law the Fraud Enforcement and Recovery Act in 2009, which increases penalties and extends the statute of limitations for mortgage fraud. Penalties for federal mortgage fraud include up to 30 years in prison or a $1,000,000 fine, or both. The statute of limitations was increased to ten, rather than five years. Individuals may face more than one mortgage fraud charge, resulting in a very long prison term.

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Fraud, Extortion & Identity Theft Charges

Fraud, Extortion & Identity Theft Charges

In California, fraud encompasses various types including telemarketing, identity theft, and insurance fraud, defined as intentional deception for gain. There are two main types: actual fraud (contractual deceit) and constructive fraud (breach of duty without deceit). Extortion, a serious offense, involves obtaining property through force or fear. Identity theft, increasingly prevalent, involves using someone’s personal information for unlawful purposes. For these crimes, penalties vary from fines to imprisonment, depending on the severity and type of crime. Legal advice from an experienced Sacramento County criminal defense attorney is crucial for anyone facing these charges.

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Common Examples of Mortgage Fraud Schemes in California

Business Fraud

Business fraud charges in Sacramento County, California, encompass a range of criminal activities that involve deception, misrepresentation, or dishonest tactics for financial gain within a business context. These charges can be classified either as felonies or misdemeanors, depending on the severity and specifics of the offense. A felony business fraud charge typically involves larger amounts of money, more significant harm to victims, or repeat offenses. Examples include large-scale embezzlement, Ponzi schemes, and major instances of false advertising or securities fraud. Felony convictions often result in substantial fines, restitution, and incarceration in state prison.

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Drug Crimes

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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Three Strikes Law in California

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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Assault With A Deadly Weapon

Assault With A Deadly Weapon

Assault with a deadly weapon, often abbreviated as ADW, is a serious criminal offense in California. It is defined under California Penal Code Section 245(a)(1). The severity of the charge and the potential penalties can vary depending on several factors, including the type of weapon used, the extent of injury to the victim, and the defendant’s criminal history. The charge can be filed as either a misdemeanor or a felony, depending on the circumstances and the discretion of the prosecutor.

Penalties for a conviction of assault with a deadly weapon can include imprisonment, fines, probation, and a permanent criminal record. In cases where the assault is committed against a public official, peace officer, or firefighter, the penalties can be even more severe.

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Your Rights in Police Searches

Your Rights in Police Searches

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.

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Assault, Battery & Robbery

Assault, Battery & Robbery

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.

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Sacramento Criminal Defense

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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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.