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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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Domestic Violence

Domestic Violence

Domestic violence encompasses violent actions directed towards family members, spouses, romantic partners, children, or parents, regardless of whether they share the same residence. Victims of domestic violence can include anyone involved in a romantic relationship, irrespective of their marital status or living arrangements, be it married couples, cohabiting partners, or individuals dating. It’s important to recognize that both same-sex and heterosexual couples are equally susceptible to domestic violence allegations.

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Legally Carrying A Firearm In California

Legally Carrying A Firearm In California

The Second Amendment of the US Constitution reads: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed”. So although you are allowed to own firearms, keep in mind, you are not allowed to carry a concealed firearm, such as a pistol, revolver or any other firearm capable of being concealed under these acts:

carrying the firearm concealed with any vehicle under your control or direction,
carrying the firearm concealed upon yourself or
causing the firearm to be carried concealed with any other vehicle or person.

As of January 2012, California made it illegal to carry an unloaded gun in a public place.

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DWI, DUI & Wet & Reckless

DWI, DUI & Wet & Reckless

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.

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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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Illegal Possession of Weapon

Unlawful possession of a weapon is also known as the illegal possession of a weapon by an individual that does not have authorization to possess the weapon. There are many laws granting Californian’s the right to legally own a weapon. However, there are numerous other laws and regulations that restrict them from owning certain weapons as well. Weapons that are banned are restricted from public ownership; some of which are:

Firearms illegal to all civilians;
Sawed-off shotguns;
Machine guns;
Explosives and bombs; and
Switch blades.

Owning or being in possession of any of the weapons listed above is known as illegal possession of a weapon, a serious offense in California.

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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.