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Three Strikes Cases, Post Conviction & Appeals
California’s Three Strike law is designed to punish those that have prior convictions for violent or serious offense and continue to commit felonies. Under the Three Strikes law, a person who commits a new serious or violent felony offense and has suffered two prior strike (violent or serious offenses) convictions faces a sentence of 25 years to life. That means, a person would have to be convicted (either by plea or jury verdict) before committing a new felony.
Prior to the passage of Proposition 36 changing the three strikes law in November 2012, the last felony did not have to be a violent or serious offense to trigger the life sentence. Currently, in order to receive a 25 years to life sentence, a person with two or more prior strike convictions would have to be convicted of a new strike offense. The new law allowed for a reduction in sentence for many serving a life term of imprisonment. It should be noted that a prior juvenile adjudication may qualify as a strike under the law in certain cases.
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.
Infractions, Misdemeanors & Felonies
Infractions, misdemeanors, and felonies represent different levels of criminal offenses with varying consequences. Infractions are minor violations, such as speeding or parking violations, typically resulting in fines up to $250 without jail time or probation. Defendants in infraction cases usually do not have the right to a jury trial or court-appointed counsel.
Misdemeanors are more serious offenses, like petty theft or DUI, punishable by up to one year in county jail and fines up to $1,000. Some misdemeanors carry enhanced penalties depending on the crime.
Felonies are the most severe crimes, including murder or robbery, punishable by over a year in state prison, life imprisonment, or even death. Probation may be granted in lieu of prison, depending on the case.
Misdemeanor and felony cases involve complex legal processes, including arrest, arraignment, preliminary hearings, and possibly a jury trial or court trial. Legal representation is critical at every stage to ensure a fair defense. Contact a skilled Sacramento criminal defense lawyer for guidance and support.
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.
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.
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.
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.
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.
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.
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.
