Appellate courts have completely different policy requirements and procedure rules than those in the trial courts. There are important time limitations that must be complied with or a person may lose their right to appeal their case. Many attorneys are not familiar with the procedures of the appellate practice. Therefore, it is important to consult with and hire an attorney who is experienced in the practice of appellate law, brief writing, and oral argument.
What does an Appeals Lawyer in California do?
Every appeal starts with the filing of the Notice of Appeal. This filing puts both the trial court and the appellate court on notice that one of the parties intends to appeal the lower court’s decision. The appeals lawyers spend a great amount of time reviewing all the transcripts and legal issues from the trial level. Some things they look for are:
- The trial judge may have unfairly excluded evidence
- Either lawyer may have said or did something inappropriate affecting the outcome of the trial
- Improper jury instructions
- Unconstitutionality of a law
Presents the Case for Appeal
An enormous amount of time and effort is spent on preparing the most persuasive appellate brief possible to support the appellant’s position. The appellate brief is a lengthy document that
• Challenges the errors or findings of the lower court
• Presents the client’s position
• Lists all the material facts
• Refers the judge(s) to the applicable law supporting their dispute
Oral Argument
Oral argument entails arguing the points contained in the appellate brief to a panel of judges. The judges may ask the attorney questions about the arguments made in the brief. The oral argument is the last opportunity to persuade the judges prior to their decision.
The Appeals Court Renders a Decision
After the oral arguments, the Appellate Division of the Superior Court or the Court of Appeal issues and files the written decision. If the court grants the appeal, the service of the appellate attorney could be over. However, if the court remands the case for another trial, the appeals attorney may stay on to represent the client during the retrial.
The appeals attorney will initiate the process through filing the Petition for Rehearing or the Petition for Review in the Supreme Court. This is usually called as the “writ of certiorari”. The rules and timelines governing such petitions are quite rigid and technical.
The Law Men, a California law firm with their combined experiences in the field of criminal defense will focus on the client’s concerns while observing protocols and proper application of the law that governs them.
Auto theft, also known as motor vehicle theft, is sometimes referred to by police agencies as grand theft auto. It is usually used in reference to the theft of noncommercial passenger automobiles (cars, trucks, sports utility vehicles and more). Motor vehicle theft is the act of stealing a motorized vehicle, such as a car, truck, bus, motorcycle, or trailer. The following are the most common methods and tools used:
• Theft with Access to Keys – Committed by someone with access to the keys. Also referred to as taken without owner’s consent (TWOC). The thief is often a friend or relative.
• Theft of Unattended Vehicle Without Keys – Is the removal of a car from its location by breaking and entering. Sometimes the car is towed away to a private location where it will be broken into using a rod and hook device. The thief then hot-wires the car to start it.
• Opportunistic Car Theft – Occurs when the driver has left the keys in the car (often with the engine running) and left the vehicle unattended. It is committed with little premeditation. The thief simply sees a moment of opportunity and seizes it.
• Fraudulent Theft – Cars are sold under legitimate-sounding pretenses but the buyer has no intention of paying. The vehicle is obtained illegally through a fraudulent transfer of funds, such as with a bad check. Another way is an impersonator who pretends to be that person takes the vehicle without authorization.
• Carjacking – The most serious type of car theft is when a car is taken by force. This is a federal offense that carries serious penalties under the law. The driver could be forcibly removed from the vehicle or the driver could be held hostage and forced to drive.
Types of Auto Theft
Vehicle theft can lead to charges for one of two different offenses. The difference between the two offenses basically revolves around how long the person intended to keep the car.
1. You would be charged with GTA if you intended to keep the car permanently or for a substantial period of time.
2. If you just intended to take the car for a short spin, there is a good chance you will be charged with joyriding.
Penalties
Both grand theft auto and joyriding may be charged as either a felony or a misdemeanor, depending on:
1. The circumstance of your case
2. Whether you have any prior convictions for this or other offenses
However, GTA under Penal Code 487(d)(1) PC, is usually charged as a
felony and carries a potential jail sentence as long as three years.
Joyriding is usually charged as a misdemeanor for the first offense. Penalties can include a fine of up to five thousand dollars ($5,000) and being locked up in the county jail for up to one year.
The Law Men are experienced and extremely knowledgeable in this area. We will answer all your questions, protect your rights, and fight for you to save your future!
California law recognizes two types of burglary: first-degree and second-degree. First-degree is any burglary of a currently inhabited dwelling. This means that the property was used as a place to live at the time of the burglary. Properties abandoned due to a natural disaster or local emergency is also considered as a currently inhabited property. A dwelling is any house, apartment, residential room or business property designed to be lived in and is currently inhabited at the time of the burglary. More uncommon types of property such as tents and outhouses also qualify.
Any burglary not qualifying as first-degree burglary will proceed as a case of second-degree burglary.
Penalties for Burglary
A conviction for burglary in the first degree may result in a sentence of imprisonment for a term of two to six years. However, a conviction for burglary in the second degree cannot exceed a term of imprisonment in county jail for more than one year.
In some cases, the state court may decide to grant a defendant’s request for probation for burglary of a inhabited dwelling but it must reflect the interests of justice required by an unusual case.
State laws are constantly changing. Therefore, it is important to contact a criminal defense lawyer like The Law Men with an expertise in burglary.
Defenses to Burglary Charges
• Permission or consent to enter the property given by owner or occupant
• Intoxication or another reason why the defendant did not have a specific intent to commit a crime after entering the property
• EntrapmentThe Law Men is a firm of expert criminal defense lawyers that will help you through any burglary charges and fight for your rights.
Domestic Violence
Domestic violence cases are taken very seriously in California and under its law, authorities are virtually always required to arrest anybody who may be accused of such a crime, whether they are guilty or not. Since domestic violence and spousal abuse cases continue to crowd the criminal courts, convictions in these cases can lead to extremely strict penalties. Many times these domestic violence claims are valid, but we also know that others are overstated or filed by someone who may be vindictive. That is why it is important to contact The Law Men if you face any kind of domestic violence charges at all. The Law Men are devoted to the rights of those that are accused and we will use every resource of our endless network to make sure your case sees the best results possible. Contact The Law Men today for a free consultation with an accomplished and assertive defense attorney.
What Is Domestic Violence?
In California, domestic violence is defined as means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. Domestic violence may include:
– Physical Abuse (Pushing, Shaking, Slapping, Choking, Kicking, Hitting)
– Rape
– Kidnapping
– Statutory Rape
– Sexual Assault
– Threatened Physical Abuse
– Verbal Abuse
– Public Humiliation
– StalkingWhy You Need a Domestic Violence Attorney
Since a domestic violence conviction comes with so many life-changing repercussions, it is vital for you to contact an experience criminal defense lawyer, such as those associated with The Law Men. Facing these charges alone would be a mistake, as the risk of a domestic violence conviction can be extremely high if you attempt to represent yourself. Penalties in California can include:
– Jail Time
– Expensive Fines
– Lose Custody of a Child
– Loss of Job
– Mandatory Treatment Program
– Lose Visitation Rights
– Probation
– Stained Record
– Community Service
Contact Us
If you happened to get accused of domestic violence your best bet is to contact the Law Men to go over your case step-by-step where we will tirelessly defend you. Fill out the form below or call us at 559-442-8000 to get your free consultation now.
The DMV is a department that hears its own cases and renders its own decisions. It is a state agency that is not obligated to follow court rulings or rules so it can suspend and/or revoke your license depending on its own investigation no matter what the trial court’s decision is.
DMV hearings are different from trial court hearings. For one, a DMV hearing is an administrative proceeding regarding your driving privilege, the circumstances surrounding the arrest and whether or not to take away your license. Whether you are innocent or guilty of a criminal act is not part of the process. The DMV hearing is heard by an administrator, also called a “Hearing Officer,” who makes the decision on whether to suspend or revoke the driver’s license. The DMV Hearing Officer does not have the same legal expertise or knowledge of the law as a trial judge. He or she mainly focuses on the driver’s blood alcohol content (BAC), if the police officer had probable cause to detain and if there was a lawful arrest.
In California many people arrested and charged with a DUI lack awareness on the DMV procedures. After your arrest, the officer takes your drivers license and sends it to the California DMV where they automatically suspend your license ((after the pink 30 day temporary license expires) unless you requested a hearing with the DMV within 10 days of your arrest.
This can be one of the most difficult times in your life. California DUIs can be technical and complex requiring you to need a professional on your side who understands how the complicated DUI process works. The Law Men will help you!
Why you can rely on The Law Men during this time:
• They are committed to protect your rights and to give you the best possible legal representation throughout the DUI hearing process
• The firm’s lawyers have extensive experience and knowledge involving DMV hearings
The Law Men Are There For You
California has increasingly authorized tougher DUI penalties over the past decade due to improved awareness about the bevy of negative circumstances that could arise from drunk driving. The rise in the number of activist groups has caused politicians, law-enforcement officials, and judges to make a more determined effort to lock down DUI convictions. Therefore, it is important for you to contact an experienced DUI attorney, such as The Law Men, in order to receive your deserved fair trial.
Why You Need a DUI Attorney
Since a DUI conviction comes with such severe punishments, you need to contact Daljit Rakkar, of The Law Men. You should not face these charges alone, as the risk of a DUI conviction can be extremely high if you attempt to represent yourself. Penalties in California can include:
– Jail Time
– Expensive Fines
– Driver’s License Suspension
– Driver’s License Revocation
– Court Ordered Alcohol Treatment & Education
– Probation
– House Arrest
– Community Service
– Skyrocketing Insurance Premiums
Even if you believe that your chances of being convicted are high, it still makes much more sense to hire Daljit Rakkar of The Law Men to aggressively litigate all issues relating to the charge. For example, many different equipment malfunctions can cause DUI breathalyzers to produce false readings. Also, DUI blood testing can be error-prone and at times the original samples are found contaminated.
If your case does materialize into a trial, we will fight tirelessly for you every step of the way.
Contact Us
If you happened to get arrested your best bet is to contact the Law Men to go over your case step-by-step. We will give you our honest opinion on the probability of succeeding at the DMV and in court. Fill out the form below or call us at 559-442-8000 to get your free consultation now.
Drug crimes in California involve the possession, manufacturing, sale, transporting, money laundering, drug trafficking, and distributing an unlawful narcotic. Drug offenses are the unlawful use or possession of the following narcotics: marijuana, cocaine in its base form (crack), methamphetamine (speed), heroin, LSD, cocaine, PCP, ecstasy, as well as unauthorized use, possession or sale of prescription drugs such as Vicodin or Oxycontin.
California leads the United States with drug prosecutions. Drug possession can be an infraction, misdemeanor, or felony depending on the type and amount of drugs that you possess whether the drug is possessed for personal use or for sale, and the past criminal record of the accused. When possession is tied with the sale or cultivation of drugs or other criminal intentions (possession with intent to distribute), the penalties are much harsher and are categorized as felony drug crimes. If a person is convicted of a crime, drug crimes will be used to enhance future sentencing.
The penalties of a conviction can lead to the following:
o Jail or prison,
o Probation or parole after a person is released from custody
o Legal fines
o Restitution to law enforcement for the cost of investigation
o Drug counseling
o Registration as a drug offender with local law enforcement
o Driver’s license revoked
Possession of a Controlled Substance – It is illegal to possess a controlled substance without a valid prescription. The list of controlled substances includes, but is not limited to, opiates, heroin, cocaine, and prescription drugs.
To be convicted of a possession of a controlled substance it must proven that you:
o Knew of its presence and/or that you were in possession of it
o Knew it was a controlled substance and unlawfully possessed it
o Possessed enough of it to sell for use as a controlled substance
o Knew there was a useable amount of the controlled substancePossession of Cocaine and Heroin – It is a felony to possess controlled drugs such as cocaine and heroin with intent to sell them. There is a significant difference between simple possession and possession with the intent to sell. An experienced criminal defense lawyer, like those at The Law Men, may be able to get the court to reduce the charge to simple possession. If successful, then you could be eligible for a drug diversion program. Successful completion of this program can lead to a dismissal of all charges and no criminal record. However, if you are prosecuted and convicted of this crime, you are not legally eligible for any drug diversion program and would face jail time.
Possession of Marijuana – This could lead to either a misdemeanor conviction or felony depending on the amount of the possession and it there was intent to sell the marijuana. A number of people use marijuana for pain management and other medical purposes.
Possession of Drug Paraphernalia – It is illegal to possess any device, or paraphernalia used for unlawfully injecting or smoking a controlled substance.
The term “paraphernalia” refers to any object or device used to inhale, smoke, ingest, inject, or consume a controlled substance. Items such as pipes or spoons can be considered paraphernalia if they are used for illegal drug use. Possession of drug paraphernalia is a misdemeanor.
Possession of Methamphetamine – A person can be charged with a misdemeanor or felony drug crime, depending on prior criminal history and the amount of meth found.
Transportation for Sale of a Controlled Substance – It is illegal to sell, administer, give away, or transport a controlled substance in the state of California.
Punishment can increase dramatically if you:
o Transported the controlled substance across two county lines
o Knowingly operated a business engaged in dispensing or furnishing a controlled substance
o Knew the controlled substance was heroin
Drug Diversion Programs
Nonviolent, first-time drug offenders charged with simple possession may be eligible for drug diversion programs as an alternative to jail time. Under a Deferred Entry of Judgment, a defendant pleads guilty to a simple drug possession charge. The drug crime sentencing will be delayed pending the defendant’s completion of the drug treatment program. If the treatment program is successfully completed, the charge will be dismissed. However, if the defendant fails to complete the program, the defendant will be sentenced on the drug possession charge and face a jail sentence.
Drug crimes are serious offenses in California. A drug crime conviction can have a negative impact on your employment, finances, and personal life. Therefore, it is important to have an experienced attorney who will fight for your rights. The Law Men will provide you with a vigorous and caring defense.
Classifications for misdemeanors and felonies vary state by state. The difference between a felony assault and a misdemeanor assault usually involves the severity of the injuries inflicted on the victim, as well as the circumstances under which the alleged assault occurs.
Both felony and misdemeanor assaults can lead to serious consequences. If you do not have a highly skilled assault lawyer working with you, you may be at the mercy of the court system. If you want to get the best possible chance at staying out of prison contact The Law Men today for your initial consultation.
• An assault in California is an intentional attempt to physically injure another person or a threatening act or statement that causes the other person to believe they are about to be attacked. This crime doesn’t involve actual physical contact.
• Battery is the intentional and unlawful use of force or violence against another person —physical contact is involved here.
Someone who commits a simple assault or battery in California generally is guilty of a misdemeanor, although certain assault and battery crimes can be charged as a misdemeanor or a felony, at the prosecutor’s discretion. When a simple assault or battery is charged as a felony, the court can reduce the crime to a misdemeanor during the case proceedings.
• A felony is battery with deadly weapon or with force likely to cause great bodily injury. These are more serious crimes.
• A felony assault charge usually involves some type of violence, possibly involving the use of a dangerous weapon. In these cases, the felony assault charge could be combined with other charges such as battery, weapon possession and more. The penalty for a felony assault is at least one year in prison, serious fines, probation. Assault in the first degree involves intent to cause serious physical harm and could result in a maximum 25 years in prison, and up to (and including) the death penalty in some states.
• In general a felony is a much more serious charge (and subsequent conviction) than a misdemeanor. Felonies typically carry punishments of at least one year in prison.
• A misdemeanor assault can have serious consequences. If you have prior convictions, a misdemeanor assault charge can lead to serious jail time and financial penalties. Without a previous criminal history you could face 90 days to a year in prison.
Facing Criminal Charges
Most states that use classes designate Class A misdemeanors as the most serious with Class B, C, D or E as less serious offenses with lower maximum punishments. States such as California, make no distinction between misdemeanor classes. A misdemeanor conviction can be seen on the public record and the severity of the offense can affect the period of time it stays on the record. Other misdemeanor sentences may involve probation, suspension of the driver’s license, community service, and restitution to the victim.
If you have been charged with felony assault or a misdemeanor assault, you need a highly skilled, highly qualified assault lawyer who can provide an excellent legal defense. Both felony and misdemeanor assault charges have serious consequences, including heavy jail time, serious fines, and more. Contact The Law Men for your legal defense team.
A gang is a group of three or more individuals who engage in criminal activity and identify themselves with a common name or sign. Most gang members have identifying characteristics unique to their specific gang. Tattoos are one common identifier and help a gang member not only help them gain respect within their group but also will mark them as members for life. Disrespecting a gang member’s color by an individual not associated with that specific gang is regarded as grounds for violent retaliation.
Gangs in the United States include several types of groups:
• Local street gangs
• National street gangs
• Prison gangs,
• Motorcycle gangs
• Ethnic gangs
• Juvenile gangs – Young people can be attracted to joining a youth gang for a number of reasons. Gangs can become an important social institution for low income youths and young adults because they often serve as cultural, social, and economic functions which are no longer served by the family, school, or labor market. These gangs tend to emerge during times of rapid social change and instability and provide a degree of order and solidarity for their members.
• Organized crime gangs
• Military gangs – Members in uniform use their military knowledge, skills, and weapons to commit and facilitate various crimes. As of April 2011 at least 53 gangs whose members have served in or are affiliated with US military.
Gangs are responsible for many street-crime activities such as weapons, human trafficking (including prostitution and kidnapping), drug trafficking, robbery, murder (including contract killings and assassinations), copyright infringement, counterfeiting, identity theft, money laundering, extortion, illegal gambling, and terrorism. Gang-related activity and violence has increased along the U.S. southwest border region, as US-based gangs act as enforcers for Mexican drug cartels. Homicides that are related to gangs are concentrated mostly in the largest cities in the United States.According to the National Gang Intelligence Center (NGIC) of the Federal Bureau of Investigation (FBI) in 2011 there were approximately 1.4 million active gang members comprising more than 33,500 gangs in the United States. Gang sizes can range in size from five or ten to several thousand.
Definition of Gang Enhancement
The gang enhancement law, Gang Enhancement Penal Code 186.22 was created in 1994 and was written to deter people from associating with gangs and committing crimes. The penal code states the following:
a.) Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang, shall be punished by imprisonment in a county jail for a period not to exceed one year, or by imprisonment in the state prison for 16 months, or two or three years. If the crime is a violent felony the person can be punished by an additional term of 10 years.
b.) If the underlying felony described in paragraph (a) is
committed on the grounds of, or within 1,000 feet of, a public or
private elementary, vocational, junior high, or high school, during
the hours in which the facility is open for classes or school-related
programs or when minors are using the facility, that fact shall be a
circumstance in aggravation of the crime in imposing a term)
The enhancement is usually added on to an existing charge. For example, if you are accused of robbing a convenience store you will likely be charged with theft. If it is then discovered that you were acting with a known gang, you will be charged with not only theft but also gang enhancement. If a gang enhancement is added onto a simple assault charge, your case goes from a misdemeanor matter to a felony and you may face extended jail time and much larger fines.
The enhancement of a criminal penalty means the increase of punishment, such as by increasing a jail sentence. The second part of Penal Code 186.22 involves the gang sentencing enhancement stating that there is no requirement that an individual, subject to this gang enhancement be an “active participant” in the gang. This law states that anyone who commits a felony for the benefit of a gang will receive a mandatory prison sentence in addition and consecutive to the penalty he/she receives for the underlying felony.
The Criminal Street Gang Enhancement Law also known as the California Street Terrorism Enforcement and Prevention Act requires you to obtain the professional and knowledgeable services of The Law Men.
Juvenile crimes are those committed by people under the age of 18. The two significant differences between juveniles and adults are as follows:
– Juveniles are generally not entitled to undergo a trial by jury
– Juveniles are not allowed to be discharged on bail
Crimes are categorized according to the violence and intensity of the case. Basically, they are simply classified as a felony or as a misdemeanor.
Law enforcement often looks at kids as easier targets in order to make an arrest. A few reasons why are as follows:
– There is a greater chance that a juvenile is not going to hire an attorney to safeguard their rights or to oversee what that officer did or didn’t do.
– They’re more compliant with the law enforcement’s directive.
– They’re more scared of what a law enforcement officer can do to them.
– There are many juveniles that dress, talk, and speak like thugs, when in fact they’re really just kids.
Juvenile involvement in a crime can lead to a family breaking up and robbing children of their future. Juveniles that are committed for crimes and held in state facilities end up coming out with really rough mannerisms. Those that are kept in juvenile facilities or places in the community where there is tough love, but still a connection to their community, usually ending up fairing much better.Facing criminal charges is extremely intimidating, but you do not have to do it alone. The justice system provides for the right to counsel no matter what you are being charged with. Hiring The Law Men, an excellent criminal defense firm, will have a positive effect on the success of your case. Here are a few reasons why you will want The Law Men to advocate for you against criminal charges:
1. We care about you. Our job is to defend you, protect your rights, and voice your best interest, whether in a plea bargain or in an actual trial. We will take the time to understand your case, assess the situation, and form a plan to take the actions required to facilitate positive outcomes for you.
2. The Law Men will examine the facts and use their knowledge of the local laws to build a strong defense case on your behalf.
3. You might be facing serious penalties. Even if you are innocent of the charges brought against you, you can still be convicted or given a sentence. Prosecutors are brutal in their case against alleged criminals and will advocate for the heaviest penalty possible. You need someone who will protect you against this injustice. Our attorneys will work hard to make sure you are acquitted of false charges and protected against unfair sentencing if you are found or plead guilty.
4. Prompt action can lead to mitigation. The earlier you take action against the charges brought against you, the more likely you will have a successful case. Hiring a criminal defense attorney should be the first step after being accused of any crime.
5. Long-term financial benefits. If you do not have adequate representation in court you could be facing a long sentence including prison time. There will be an increase in lost wages, which can cost you a great deal in the long run. It is financially much more efficient for you to hire a criminal defense lawyer to defend your rights immediately.
The Law Men understand that the justice system may be overwhelming, stressful, and frightening. You can rely on us to work long and hard to defend our clients against untrue charges and sentences.
Manslaughter crimes are steadily increasing in number and many cases are still left unresolved. California criminal defense firms have distinct strategies in working these particular cases. Fortunately, there are various law firms that have proven their worth in the industry of criminal defense. One of them is The Law Men serving Fresno and other areas in California for more than 20 years. When it comes to manslaughter criminal cases, The Law Men will confidently and fully investigate the case to unveil all the conc truth of the crime. Find out how this law firm can help you all throughout the process.
The Law Men have the legal skills to aggressively defend your constitutional rights. Their legal defense team’s top priority is to obtain freedom, get the charges greatly reduced and to provide the accused with a knowledgeable perspective.
What is Manslaughter
Manslaughter refers to the crime of killing a human without prior planning and premeditation. Manslaughter is divided into the following 3 categories:
• Voluntary manslaughter – not planned, based on the person’s state of mind and mitigating factors. This crime is intentional.
• Involuntary manslaughter – where a reasonable person disregards the safety of others and places them in danger which may cause them serious harm or death. This crime is unintentional.
• Vehicular manslaughter – death results from negligent or reckless operation of a motor vehicle. Usually drugs or alcohol is involved
Penalties that may be charged for manslaughter include:
• Revocation of the driver’s license
• Harsh fines
• State prison or county jail sentence
• Probation
• A ‘Strike” on the criminal record the rest of t lifeThese law professionals are fully aware that manslaughter cases are extremely emotional and difficult to all parties involved. For this reason, they are sensitive to their client’s needs. and work judiciously to ensure their clients will obtain the justice they deserve. takes pride of its lawyers who thoroughly investigate every aspect of manslaughter cases. These usually involve:
• Retaining the accident reconstruction professional;
• Medical record examination; and
• Interviewing witnesses
Protect Your Rights and Obtain the Justice You Deserve
If you have been accused of manslaughter, remain silent and call The Law Men for the best knowledgeable and experienced criminal defense lawyer. Call this law firm and speak with its best criminal lawyers to start working on your case.
The combined experience of these attorneys will ensure that you make informed decisions. This criminal defense firm has a tremendous extensive background experience with manslaughter cases. Protect your constitutional rights and visit www.law-men.com.
The two most serious penalties murder can carry is life in prison and the death penalty. There are many different types of homicides and each requires knowing an enormous amount of technical and complex information. Therefore, it is imperative to immediately get a licensed criminal defense lawyer who specializes in these cases. The Law Men know the most effective ways to challenge the state’s evidence and will use every legal avenue to negotiate the best outcome for you.
Types of Murder Charges
• Vehicular Manslaughter – The crime of causing the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving, or speeding. Vehicular manslaughter can be charged as a misdemeanor or a felony depending on the circumstances.
• Attempted Murder – in California, the prosecutor must prove the following two facts:
o The person took at least one step towards killing anther person
o That a person intended to kill that person (or fetus)
• Voluntary Manslaughter Law – This is when a person happens to kill another person while in a heat of passion or during a sudden argument. It does not involve malice because the killing was spontaneous.
• Involuntary Manslaughter Law – This is when a person kills another person without malice or an intention to kill but has a disregard for human life. (Implied Malice second-degree murder – The person knows what they are doing is dangerous to human life, but they don’t care and are going to do it anyway)
• Gross Vehicular Manslaughter While Intoxicated – Usually charged under the following circumstances:
o A defendant drives under the influence of drugs or alcohol.
o While doing so, they commit an unlawful act with either ordinary negligence or gross negligence.
o That conduct resulted in someone being killed.
• Negligent Manslaughter While Intoxicated Law – This happens without malice and happens when driving a vehicle while intoxicated.
• Driving Under the Influence (DUI) Murder – A DUI resulting in the death of another human being.
• Self-Defense or Defense of Others – This happens when a person kills an individual while defending himself or another person. The self-defense laws of California may excuse the defendant’s conduct.
• Accident as a Legal Defense – “Accident” only qualifies as a California legal defense under three circumstances:
o The person didn’t intend any harm.
o The person wasn’t acting negligent at the time.
o The person was engaged in lawful conduct.
• The Insanity M’Naghten Rule – California murder law permits the accused person to plead “not guilty by reason of insanity”. They have to prove that they killed due to unawareness of their act or are unable to distinguish the difference of right from wrong.
• Felony-Murder Rule
1. When an offender kills accidentally or without specific intent to kill in the commission of a crime
2. It makes any participant in such a felony criminally liable for any deaths that occur during that felony.
• Unlawful Killing – When one or several people have killed a person. The verdict means that the killing was done without lawful excuse. This includes murder, manslaughter, and death by dangerous driving.
• Malice Afterthought – This is the premeditation with malice.
If you have been involved in or accused of any crime, especially murder, you should consult The Law Men. We will use our extensive background and knowledge of the law to build a defense to persuade the judge and jury to either acquit you of the criminal offense that you have been charged with or get your sentence reduced.
Robbery is taking something from a person and using force, or the threat of force, without the owner’s consent. Being robbed can be a frightening and a traumatizing experience. If you are harmed in some way as a result of a violent act, the physical and emotional scars can take a very long time to heal. Many victims of robbery seek justice and report the crime to law enforcement since a felony has been committed. Sometimes victims can be so traumatized that they accidently falsely accuse someone of the crime. If you have either committed the crime or have been a victim of mistaken identity you need a defense lawyer. The Law Men are highly knowledgeable on a variety of legal defenses they can use to present on your behalf.
Different Elements Determine the Severity of Robbery Charges:
• Use of a firearm or weapon
• Previous criminal record
• Resulting injury or death to victim
• Property stolen
• Location of the crime
• Victim of the crime
• Number of accomplices, such as getaway drivers or lookoutsRobbery Classifications
Third Degree Robbery
Third degree robbery occurs when a criminal uses force or an offensive weapon to take someone else’s property. Most states classify this crime as a felony of some type. Also called simple robbery.
Second Degree Robbery
• Also known as armed robbery
• A person is guilty if he commits the act with an accomplice present
• Can occur if the perpetrator causes injury to a person not involved in the crime
• Uses a gun, knife, or other deadly weapon while committing the robbery. In some states, car theft is automatically considered Second Degree robbery.
• In California, the crime will also count as a strike under the state’s three strikes law.
First Degree Robbery
• Also known as aggravated robbery
• When the victim or someone else not involved in the crime is seriously injured.
• Perpetrator is armed with a deadly weapon and threatens to use it against the victim.
• Carjacking (refers to the robbery that takes place in a particular inhabited structure) of any driver or passenger on a bus, taxi, streetcar, subway, cable car, or any person who has just used an ATM and is still in the vicinity of the ATM.
• First Degree robbery leads to a California state prison sentence .
State vs. Federal
Robbery is a state crime for the most part, but certain types of robberies fall under federal jurisdiction. The first kind of federal robbery is a bank robbery. Any robbery or attempted robbery of a bank, credit union or savings and loan institution constitutes a federal crime.
The federal government also has jurisdiction over robberies that affect articles in the stream of interstate commerce. The most common example of this is the hijacking of a truck crossing state borders.
Forensic Evidence Challenges
When it comes to robbery cases, the prosecutors are usually depending on the forensic evidences such as hair samples, fingerprints, and DNA to identify the suspect. Therefore, it is important that the defense lawyer be highly knowledgeable in forensic science to exploit any weakness in the evidence brought against his client. We, at The Law Men are committed and dedicated to providing exceptional law service to our clients.
One of the most serious accusations that can cause immense hardships to those accused is a sex crime. Not only does it rob them of their dreams and ambitions, but also their right to lead a peaceful and tranquil life. From personal to professional, the implications of such an accusation are many. From social stigma to torn relationships, financial downturn to a life long sense of shame and disgrace, it is quite the challenge to live when one is convicted of a sex crime.
If you find yourself being investigated for such a crime, it is time you get in touch with a strong and capable defense attorney like The Law Men who can steer you in the right direction.
Know What You Are Up AgainstIf you are being probed for a sex crime, it is first vital for you to know what you are being probed for. A sex crime can involve any of the following: statutory rape, child sexual abuse, possession or distribution of child pornography, rape, marital rape, prostitution, spousal rape, incest, sexual harassment (workplace or otherwise) and indecent exposure. In some cases, domestic issues or problems with an ex-spouse or even former relationships, might result in them throwing sex crime allegations on you. Since victim protection of sex crimes is considered a high priority, it is highly likely that you get convicted if a proper attorney doesn’t represent you. Nothing short of clearing your name without any doubt will help you lead a normal life.
Comprehend the Consequences
If convicted, you might face stringent prison sentences, high fines, and registration with the Megan registry, which will keep you under the watchful eyes of law enforcement forever. Even if you happen to possess any prohibited materials unknowingly or engage in online chats and discussions with minors without actually knowing their age, it is still considered a crime and only a strong defense can relieve you of such accusations.
What You Need To Do
To ensure that your voice is heard and your rights are upheld, it is necessary that you seek the help of a defense attorney who can scrutinize the case under a microscope and clear your name or reduce any charges brought up against you. The Law Men believe in lending an ear to your side of the story so that the strongest and the best wall of defense can be raised to protect your rights. Connect with us and we will smoothly guide you through the process.
If you are searching for superb criminal representation, The Law Men are an elite choice of professional, proactive lawyers. They have the expertise to effectively and efficiently use legal defensive strategies for those who have been charged with weapon violations. They are currently serving Fresno, Madera, Tulare and Kings County. Madera and Fresno.
The Law Men offer a wide variety of services defending crimes involving weapons, such as: drugs, gangs, juveniles, white collar, domestic violence, auto theft, felony assault DUI, burglary, robbery, manslaughter, murder and appeals and administrative DMV hearings.
Crimes are committed with a variety of weapons that can produce deadly results. They include the following:
• Pistol, revolver, gun or other firearm
• Dagger
• Machete
• Explosive substance other than ammunition
• Varity of knives
• Other dangerous or deadly weapon
Criminal convictions can be devastating on one’s job and career. All over the world employers conduct background checks on their employees as well as applicants during the hiring phase. If you have been convicted of a crime in the past, it is very possible that most employers will not consider your application in their company.
In cases like this, you can be able to pursue weapons crimes. If you are convicted of a felony or misdemeanor and you successfully complete the probation, and at the same time you are not charged with any other offenses, it simply means that your record is expunged. However, for those individuals who are sentenced to a state prison and at the same time they are charged with subsequent crime, it simply means that they are not eligible for the process of weapons crimes.
If you want to expunge your record, the first thing that you should do is to hire a professional and competent weapons crimes attorney. There are various legal defensive strategies that may be utilized in seeking a dismissal, not guilty verdict, probation, or fine in lieu of jail or prison time. With their expertise of weapons you can be sure that your conviction will be successfully erased.
During the weapons crimes process, you are also required to complete the Petition for Dismissal and submit it to a judge. It is also mandatory for those individuals who are seeking for weapons crimes expungement to attend the court hearing. During the court hearing, witnesses will be called and your case will be argued.
After the court hearing, the judge will be the one responsible to either grant or deny your weapons crimes dismissal. This is one of the reasons why you need to hire a weapons crimes attorney who will help you to clean up your criminal record.
White Collar Crimes refer to illicit activities committed by entrepreneurs, professionals, business people, and public officials. They do this through deception, which usually takes place in a commercial setting to obtain financial gain. These crimes are unlike street crimes, which involve violence and force. Forensic accountants, auditors and whistle blowers identify and report white-collar crimes.
Some examples of White Collar Crimes identified by the Federal Bureau of Investigation (FBI) are listed below:
• Internet Fraud
• Credit Card Fraud
• Phone and Telemarketing Fraud
• Larceny
• Consumer and Commercial Frauds (illegal actions by a company employee or executive)
• Embezzlement (misuse of funds)
• Extortion
• Bribery
• Insider Trading
• Different financial swindles such as Ponzi schemes.The Importance of Hiring The Law Men
According to the Federal Bureau of Investigation, white-collar crime is estimated to cost the United States more than $300 billion annually. The penalties for white-collar offenses include fines, home detention, community confinement, paying the cost of prosecution, restitution, supervised release, and imprisonment ranging from 1 to 30 years. However, penalties can be lessened if the defendant takes responsibility for the crime and helps the authorities in their investigation.
How The Law Men Handle White Collar Crime
The Law Men work for you to avoid indictment and prosecution. The firm offers a full range of criminal representation. This involves starting with the initial consultation, the testimonies of victims and witnesses, police investigations, and the physical evidence. During your meetings with your lawyer, he should be able to explain all the punishment and law related to your case. Finally, The Law Men work smart and hard to create a reasonable doubt and win a dismissal!
