Criminal convictions can make it difficult to find a job. Most job applications require an applicant to disclose a past conviction. In these days of rising unemployment, expungement is often necessary to get a fair shot from a prospective employer.
Under the Penal and Vehicle Code, almost all misdemeanors can be expunged. Many felonies can also be expunged. In fact, the Penal Code allows for probation to be terminated early and a conviction to be expunged immediately.
Expungement can clear someones record and offers the clean slate needed to get the desired job.
Criminal Attorney Expungement Lawyer San Mateo County Redwood City
Monday, July 27, 2009
Wednesday, July 22, 2009
Traffic Tickets- Don't Let Your Insurance Raise Your Rates
In the modern world, more people commute to work than eat a daily breakfast. All this time on the road, can make a driver vulnerable to traffic tickets. Each moving violation can cause additional points on a driving record and increase insurance premiums. To make matters worse, tickets seem to come in pairs. One will not get a ticket for several years, and then all of a sudden receive two over a short period of time.
Many people feel there is nothing that can be done besides request traffic school. This simply is not true. If you are not eligible for traffic school, there are several additional strategies to fight your ticket, such as negotiating for a non-moving violation (no points), Level II Traffic School or taking your case to trial.
Traffic Ticket San Mateo County Criminal Defense Traffic School
Many people feel there is nothing that can be done besides request traffic school. This simply is not true. If you are not eligible for traffic school, there are several additional strategies to fight your ticket, such as negotiating for a non-moving violation (no points), Level II Traffic School or taking your case to trial.
Traffic Ticket San Mateo County Criminal Defense Traffic School
Monday, July 20, 2009
First Amendment and Criminal Threats
I think it goes without saying that almost everyone is for freedom of speech. But where should the limits be? You cannot yell, "Fire!" in a crowded movie theater. Should you be able to curse at someone, yell racial slurs, or even threaten to commit injury to another.
When it comes to threatening another person, the law is clear that not all threats are created equal. For a threat to be a crime, the speaker must have the intent that the words spoken be taken as a threat. Who amongst us hasn't said something they did not mean in the heat of an argument. Such comments, when the person does not mean literally what they said, are simply not crimes.
Criminal Threats San Mateo Criminal Defense Redwood City
When it comes to threatening another person, the law is clear that not all threats are created equal. For a threat to be a crime, the speaker must have the intent that the words spoken be taken as a threat. Who amongst us hasn't said something they did not mean in the heat of an argument. Such comments, when the person does not mean literally what they said, are simply not crimes.
Criminal Threats San Mateo Criminal Defense Redwood City
Sunday, July 19, 2009
Public Intoxication or Summertime Fun
Having a few spirits on a hot summer day is a popular past time for many. But sometimes, the fun can go to far. Whether in public, or on private property opened to the public, you cannot consume alcohol to the extent that you become a danger to yourself. Simply put, you must stay in control. So, if you decide to enjoy a few alcoholic drinks this summer remain sober enough to protect yourself and not endanger anyone. Then the fun, simply stays fun.
Public Intoxication Criminal Defense Attorney Redwood City
Public Intoxication Criminal Defense Attorney Redwood City
Wednesday, July 15, 2009
Know the Defenses that Can Prove Your Innocence
Defenses Which Could Result in Dismissal of Your Case
Illegal Search or Seizure: All searches or seizures by the police must be pursuant to a valid warrant or a legal exception.
Failure to Give Miranda Warnings: The police are required to read a suspect his or her Miranda Rights prior to any custodial interrogation.
Self-Defense: A person is allowed to use reasonable force to prevent imminent danger to oneself, others or property.
Alibi: The prosecution must prove that the accused was present and committed the crime with which he/she is charged.
Mistake of Fact: A person who was acting under a mistake of fact is innocent.
Entrapment: The government cannot cause a normally law-abiding person to commit a crime.
Statute of Limitations: With some exceptions, the government must prosecute misdemeanors within one year of the offense and felonies within three years.
Lack of Knowledge: Many offenses require knowledge that certain contraband exists, i.e. knowledge that an illegal item is present in one’s home, vehicle or on their person. Lack of knowledge is an absolute defense to such crimes.
Lack of Intent: Certain crimes require a criminal intent, for example an intent to steal. The prosecution must prove criminal intent beyond a reasonable doubt to convict you.
Proof Beyond a Reasonable Doubt: The Prosecution has the burden of proving each and every element of a criminal offense beyond a reasonable doubt.
Speedy Trial: The government must prosecute or serve an arrest warrant without unreasonable delay.
Confront Your Accuser: Your accuser must appear in court to face cross-examination of their claims. Failure to do so requires dismissal.
Intoxication: Intoxication can be a defense to crimes which require certain mental states, such as intent or knowledge.
Cruel and Unusual Punishment: It is illegal for any punishment to be cruel and unusual.
Mental Impairment: A mental health condition may be a defense to many crimes.
Unconsciousness: You cannot be guilty of a crime if you were unconscious during an act, such as when sleep walking or severely injured.
Duress: An accused is not guilty of an offense if he/she acted under duress, threat or menace.
Accident: An accidental act or misfortune cannot be prosecuted as a crime.
Necessity: An accused is not guilty of a crime if he/she acted out of necessity.
Jurisdiction: A criminal offense must have occurred in the jurisdiction in which the offense is charged.
Criminal Defense Attorney San Mateo County Redwood City
Illegal Search or Seizure: All searches or seizures by the police must be pursuant to a valid warrant or a legal exception.
Failure to Give Miranda Warnings: The police are required to read a suspect his or her Miranda Rights prior to any custodial interrogation.
Self-Defense: A person is allowed to use reasonable force to prevent imminent danger to oneself, others or property.
Alibi: The prosecution must prove that the accused was present and committed the crime with which he/she is charged.
Mistake of Fact: A person who was acting under a mistake of fact is innocent.
Entrapment: The government cannot cause a normally law-abiding person to commit a crime.
Statute of Limitations: With some exceptions, the government must prosecute misdemeanors within one year of the offense and felonies within three years.
Lack of Knowledge: Many offenses require knowledge that certain contraband exists, i.e. knowledge that an illegal item is present in one’s home, vehicle or on their person. Lack of knowledge is an absolute defense to such crimes.
Lack of Intent: Certain crimes require a criminal intent, for example an intent to steal. The prosecution must prove criminal intent beyond a reasonable doubt to convict you.
Proof Beyond a Reasonable Doubt: The Prosecution has the burden of proving each and every element of a criminal offense beyond a reasonable doubt.
Speedy Trial: The government must prosecute or serve an arrest warrant without unreasonable delay.
Confront Your Accuser: Your accuser must appear in court to face cross-examination of their claims. Failure to do so requires dismissal.
Intoxication: Intoxication can be a defense to crimes which require certain mental states, such as intent or knowledge.
Cruel and Unusual Punishment: It is illegal for any punishment to be cruel and unusual.
Mental Impairment: A mental health condition may be a defense to many crimes.
Unconsciousness: You cannot be guilty of a crime if you were unconscious during an act, such as when sleep walking or severely injured.
Duress: An accused is not guilty of an offense if he/she acted under duress, threat or menace.
Accident: An accidental act or misfortune cannot be prosecuted as a crime.
Necessity: An accused is not guilty of a crime if he/she acted out of necessity.
Jurisdiction: A criminal offense must have occurred in the jurisdiction in which the offense is charged.
Criminal Defense Attorney San Mateo County Redwood City
Sunday, July 12, 2009
Problems with Eye-Witness Identification
A common method of obtaining an identification of a suspect is for law enforcement to use a six-pack photo array (a series of six headshots). When faced with a police lineup or photo array, eyewitnesses are likely to see it as a multiple choice type of test -- a multiple choice test that has no "none of the above" answer. Therefore, a witness may see the lineup or photo array as a task of identifying the person who best matches his recollection of the perpetrator -- even if that match is not perfect.
But simply choosing the person who looks the most like a perpetrator, is not a method of obtaining justice. Some reports indicate over 5,000 people a year are wrongly convicted due to misidentification. Mistaken eyewitness identification is widely considered the leading cause of wrongful convictions in the United States. Of the 232 cases over-turned by DNA evidence to date, over 75% have involved faulty eyewitness identification.
San Mateo Attorney Criminal Defense Redwood City
But simply choosing the person who looks the most like a perpetrator, is not a method of obtaining justice. Some reports indicate over 5,000 people a year are wrongly convicted due to misidentification. Mistaken eyewitness identification is widely considered the leading cause of wrongful convictions in the United States. Of the 232 cases over-turned by DNA evidence to date, over 75% have involved faulty eyewitness identification.
San Mateo Attorney Criminal Defense Redwood City
Friday, July 10, 2009
Tuesday, July 7, 2009
Know Your Judge, It May Make a Difference
The same argument can be made in front of two different judges with drastically different results. This reality can cause disparate treatment and punishment by the courts. The answer to this reality is to make sure that your attorney knows the judge who is hearing your case. An experienced attorney can modify his argument to emphasis the points which will be effective to a specific judge.
The Law Offices of Ross Green has the skill and knowledge to reach the desired result in front of any court. As a former prosecutor, Ross Green has learned how to navigate the various idiosyncrasies of California Judges. This knowledge base has only increased since Ross Green joined the defense bar. For a free consultation, contact The Law Offices of Ross Green at http://www.rossgreenlaw.com/.
Attorney Criminal Attorneys San Mateo County Redwood City
The Law Offices of Ross Green has the skill and knowledge to reach the desired result in front of any court. As a former prosecutor, Ross Green has learned how to navigate the various idiosyncrasies of California Judges. This knowledge base has only increased since Ross Green joined the defense bar. For a free consultation, contact The Law Offices of Ross Green at http://www.rossgreenlaw.com/.
Attorney Criminal Attorneys San Mateo County Redwood City
Monday, July 6, 2009
Officer Safety, What Exactly Does this Justify?
Office safety is commonly used as a rationale for law enforcement to conduct a search or seizure without a warrant. For instance, if the police search a home pursuant to a warrant, it is lawful to freeze the residence and force everyone in the home to leave. The police, under certain circumstances, can briefly detain guests inside the residence in order to request identification. But where does this justification stop?
Officer safety is now being used as an excuse for a warrantless search of personal property. If the police enter a home, should they be allowed to search the purse of woman who refuses to identify herself? Clearly this is the easiest way to determine who this person may be or whether this person has any violence in their past. But are the police allowed to use this most intrusive of methods in order to ensure safety.
There are many other options available to law enforcement which do not require a surrendering of our right to privacy. In the situation discussed above, the police could have simply asked the person to leave the home. Law enforcement could also request consent to search for weapons if the third party insists on staying in the residence. Both of these methods alleviate officer safety concerns without eviscerating our right to privacy. Additionally, these methods would not take undue time or create a substantial burden.
Food for thought, if you believe that the police should be allowed to search a person's purse without any other justification than officer safety, should this allow them to search all the passengers of a vehicle which was pulled over for a simple traffic infraction. The slippery slope may not be clear, but we must take measures not to loose our footing and tumble down the hill.
Attorney Criminal Defense San Mateo County Redwood City
Officer safety is now being used as an excuse for a warrantless search of personal property. If the police enter a home, should they be allowed to search the purse of woman who refuses to identify herself? Clearly this is the easiest way to determine who this person may be or whether this person has any violence in their past. But are the police allowed to use this most intrusive of methods in order to ensure safety.
There are many other options available to law enforcement which do not require a surrendering of our right to privacy. In the situation discussed above, the police could have simply asked the person to leave the home. Law enforcement could also request consent to search for weapons if the third party insists on staying in the residence. Both of these methods alleviate officer safety concerns without eviscerating our right to privacy. Additionally, these methods would not take undue time or create a substantial burden.
Food for thought, if you believe that the police should be allowed to search a person's purse without any other justification than officer safety, should this allow them to search all the passengers of a vehicle which was pulled over for a simple traffic infraction. The slippery slope may not be clear, but we must take measures not to loose our footing and tumble down the hill.
Attorney Criminal Defense San Mateo County Redwood City
Sunday, July 5, 2009
Michael Jackson's Acquital- Does it Mean Anything?
On June 25, 2009, Michael Jackson suddenly passed away. His death has invoked a variety of responses from the general public. Just today, over 1.6 million people applied for tickets to Mr. Jackson's memorial service in Los Angeles.
Yet, not everyone is mourning his death. For many, the allegations of child molestation have overshadowed his five decades of contributions to American pop culture. Yet, Michael Jackson was never convicted of any offense related to child abuse. In fact, on June 13, 2005, he was acquitted of such charges. Nonetheless, many still feel he is guilty with no excuse for his actions.
Of course, the resistance to accepting Mr. Jackson's innocence may be tied to his unusual behavior or his settlement of a civil suit, on similar charges, for a staggering $22 million dollars. Yet, unusual conduct does not make one a child molester. Also, the motivations of the litigants in the civil action may be questioned by their acceptance of money in lieu of testifying in criminal court.
We will never know whether Mr. Jackson ever committed an act of child molestation. All the public can do is speculate. Unfortunately, this speculation sometimes becomes reality. A reality which has never been, nor ever will, be proven in a court of law.
Defense Criminal Attorney Redwood City San Mateo
Yet, not everyone is mourning his death. For many, the allegations of child molestation have overshadowed his five decades of contributions to American pop culture. Yet, Michael Jackson was never convicted of any offense related to child abuse. In fact, on June 13, 2005, he was acquitted of such charges. Nonetheless, many still feel he is guilty with no excuse for his actions.
Of course, the resistance to accepting Mr. Jackson's innocence may be tied to his unusual behavior or his settlement of a civil suit, on similar charges, for a staggering $22 million dollars. Yet, unusual conduct does not make one a child molester. Also, the motivations of the litigants in the civil action may be questioned by their acceptance of money in lieu of testifying in criminal court.
We will never know whether Mr. Jackson ever committed an act of child molestation. All the public can do is speculate. Unfortunately, this speculation sometimes becomes reality. A reality which has never been, nor ever will, be proven in a court of law.
Defense Criminal Attorney Redwood City San Mateo
Thursday, July 2, 2009
Fight Your Traffic Ticket
Although a traffic ticket cannot result in any jail time, a costly fine, suspension or termination of a driver’s license and increased insurance premiums often occur. Like all criminal offenses, the Prosecution needs to prove all traffic tickets beyond a reasonable doubt and you have a right to a trial to prove your innocence. Even if one is guilty of a traffic offense, traffic school is often a possibility. If traffic school has already been taken within the last 18 months, Level II (Advanced) traffic school can also be available.
Potential Penalties for Traffic Tickets
• Fine
• License Suspension or Termination
• Increased Insurance Premiums
• Permanent Criminal Record
Potential Penalties for Traffic Tickets
• Illegal Traffic Stop
• Inaccurate or Poorly Maintained Radar
• Traffic School (Level I or II)
• Inaccurate or Poorly Maintained Speedometer
• Failure to Establish Proof Beyond a Reasonable Doubt
• Speed Trap
• Necessity
Traffic Tickets San Mateo County Criminal Defense Attorney
Potential Penalties for Traffic Tickets
• Fine
• License Suspension or Termination
• Increased Insurance Premiums
• Permanent Criminal Record
Potential Penalties for Traffic Tickets
• Illegal Traffic Stop
• Inaccurate or Poorly Maintained Radar
• Traffic School (Level I or II)
• Inaccurate or Poorly Maintained Speedometer
• Failure to Establish Proof Beyond a Reasonable Doubt
• Speed Trap
• Necessity
Traffic Tickets San Mateo County Criminal Defense Attorney
What is a Misdemeanor?
Misdemeanor offenses can carry jail time of up to 1 year, extensive fines and probation. Furthermore, a misdemeanor conviction can create a permanent criminal record and interfere with a person’s ability to find employment.
A person charged with a misdemeanor offense should consult an attorney before making any decisions. Selecting an attorney is often a difficult process. Be sure to discuss with whomever you choose, any and all viable defenses. Should fighting your case at trial not be the best option, talk to your attorney about the possibility of an alternative sentence, such as community service, electronic home monitoring or work furlough. A plea bargain can often be negotiated to reduce fines or allow for an extended payment period.
Contact the Law Offices of Ross Green for a free consultation. Ross has over eight years of experience handling misdemeanor offenses. All possible defenses will be explored and your rights clearly explained.
Defense Criminal Attorney Redwood City Misdemeanors
A person charged with a misdemeanor offense should consult an attorney before making any decisions. Selecting an attorney is often a difficult process. Be sure to discuss with whomever you choose, any and all viable defenses. Should fighting your case at trial not be the best option, talk to your attorney about the possibility of an alternative sentence, such as community service, electronic home monitoring or work furlough. A plea bargain can often be negotiated to reduce fines or allow for an extended payment period.
Contact the Law Offices of Ross Green for a free consultation. Ross has over eight years of experience handling misdemeanor offenses. All possible defenses will be explored and your rights clearly explained.
Defense Criminal Attorney Redwood City Misdemeanors
California's Three Strikes Law
Under California’s Three Strikes law certain violent or serious offenses can be used by the prosecution to lengthen an individual’s prison term. A person with one prior ‘Strike’ offense can be sentenced to prison for twice as long as is normally allowed. For instance, a person charged with auto theft has the maximum exposure of three years. If the same person has a prior ‘Strike’, the maximum sentence becomes six years. A person with two prior ‘Strike’ offenses can face twenty-five years to life in prison. Furthermore, a ‘Strike’ makes an individual ineligible for probation.
California’s Three Strikes law only applies to felonies. Nonetheless, if a person has a prior ‘Strike’, their sentence can be enhanced even if the new offense is not violent or serious. As such, sentences are commonly lengthened for crimes such as theft and simple drug possession.
A person falling under California’s Three Strikes law can move the court to dismiss the prior offense by filing a Romero Motion. Once stricken, the sentence cannot be doubled and the person becomes eligible for probation.
A ‘Strike’ offense has serious ramifications to a person’s future. Any person charged with a ‘Strike’ offense should consult an attorney before making any decisions. Selecting an attorney is often a difficult process. Be sure to discuss with whomever you choose, any and all viable defenses. Should fighting your case at trial not be the best option, talk to your attorney about the possibility of an alternative sentence, such as community service, electronic home monitoring or work furlough. A plea bargain can often be negotiated to reduce fines or allow for an extended payment period.
Contact the Law Offices of Ross Green for a free consultation. Ross has over eight years of experience with California’s Three Strikes law. All possible defenses will be explored and your rights clearly explained.
Defense Criminal Attorney San Mateo County Redwood City California's Three Strikes Law
California’s Three Strikes law only applies to felonies. Nonetheless, if a person has a prior ‘Strike’, their sentence can be enhanced even if the new offense is not violent or serious. As such, sentences are commonly lengthened for crimes such as theft and simple drug possession.
A person falling under California’s Three Strikes law can move the court to dismiss the prior offense by filing a Romero Motion. Once stricken, the sentence cannot be doubled and the person becomes eligible for probation.
A ‘Strike’ offense has serious ramifications to a person’s future. Any person charged with a ‘Strike’ offense should consult an attorney before making any decisions. Selecting an attorney is often a difficult process. Be sure to discuss with whomever you choose, any and all viable defenses. Should fighting your case at trial not be the best option, talk to your attorney about the possibility of an alternative sentence, such as community service, electronic home monitoring or work furlough. A plea bargain can often be negotiated to reduce fines or allow for an extended payment period.
Contact the Law Offices of Ross Green for a free consultation. Ross has over eight years of experience with California’s Three Strikes law. All possible defenses will be explored and your rights clearly explained.
Defense Criminal Attorney San Mateo County Redwood City California's Three Strikes Law
Drug Sales or Trafficking- Defenses
A person is guilty for a sales or trafficking offense if they either sell a controlled substance or possess the contraband with an intent to sell it at a later time. Drug Sales or Trafficking offenses can only be felonies. Unlike simple possession offenses, a person guilty of this type of crime is not eligible for a probation only sentence.
Potential Penalties for Drug Sales or Trafficking
• Jail Time (Up to 5 Years)
• Fine
• Informal/formal Probation
• Permanent Criminal Record
Common Defenses for Drug Sales or Trafficking
• Failure to Give Miranda Warnings
• Illegal Search or Seizure
• No Intent to Sell (Personal Use Only)
• Lack of Knowledge that Contraband is Present
• No Possession or Control over Contraband
• Entrapment
Defense Criminal Attorney San Mateo County Drug Sales or Trafficking Redwood C ity
Potential Penalties for Drug Sales or Trafficking
• Jail Time (Up to 5 Years)
• Fine
• Informal/formal Probation
• Permanent Criminal Record
Common Defenses for Drug Sales or Trafficking
• Failure to Give Miranda Warnings
• Illegal Search or Seizure
• No Intent to Sell (Personal Use Only)
• Lack of Knowledge that Contraband is Present
• No Possession or Control over Contraband
• Entrapment
Defense Criminal Attorney San Mateo County Drug Sales or Trafficking Redwood C ity
Drug & Paraphernalia Possession
A person is guilty of a controlled substance offense when they knowingly possess a usable quantity of contraband or a device used to ingest a controlled substance. A paraphernalia offense can only be charged as a misdemeanor, while, possession of a controlled substance can be charged as either a misdemeanor or felony.
Persons charged with paraphernalia or drug possession offenses are often eligible for a probation only sentence, no jail time will be required and a defendant will only be required to comply with probation and take substance abuse classes. If probation is successfully completed, the charge will be dismissed without tarnishing a person’s permanent record.
Potential Penalties for Resisting Arrest
• Misdemeanor Jail Time (Up to 6 Months)
• Felony Jail Time (Up to 3 Years)
• Fine
• In-patient/ Out-patient Drug Treatment
• Informal/formal Probation
• Permanent Criminal Record
Common Defenses for Resisting Arrest
• Failure to Give Miranda Warnings
• Illegal Search or Seizure
• Lack of Knowledge that Contraband is Present
• Lack of Possession or Control over Contraband
• Not Usable Amount of Controlled Substance
• Voluntary Intoxication
• Accident
Defense Criminal Attorney Drug & Paraphernalia Possession San Mateo County
Persons charged with paraphernalia or drug possession offenses are often eligible for a probation only sentence, no jail time will be required and a defendant will only be required to comply with probation and take substance abuse classes. If probation is successfully completed, the charge will be dismissed without tarnishing a person’s permanent record.
Potential Penalties for Resisting Arrest
• Misdemeanor Jail Time (Up to 6 Months)
• Felony Jail Time (Up to 3 Years)
• Fine
• In-patient/ Out-patient Drug Treatment
• Informal/formal Probation
• Permanent Criminal Record
Common Defenses for Resisting Arrest
• Failure to Give Miranda Warnings
• Illegal Search or Seizure
• Lack of Knowledge that Contraband is Present
• Lack of Possession or Control over Contraband
• Not Usable Amount of Controlled Substance
• Voluntary Intoxication
• Accident
Defense Criminal Attorney Drug & Paraphernalia Possession San Mateo County
Resisting Arrest- Know Your Rights
In order to be found guilty of this offense, a prosecutor must prove that a person knowingly and willfully obstructed, delay or resisted a peace officer in the performance of his or her duties. This offense can only be charged as a misdemeanor.
Potential Penalties for Resisting Arrest
• Jail Time (Up to 1 Year)
• Fine
• Informal/formal Probation
• Permanent Criminal Record
Common Defenses for Resisting Arrest
• Failure to Give Miranda Warnings
• Excessive Force by Police
• Illegal Detention or Arrest by Police
• Lack of Knowledge that Accuser is a Peace Officer
• Accident
• Duress
Defense Criminal Attorney San Mateo County Redwood City Resisting Arrest
Potential Penalties for Resisting Arrest
• Jail Time (Up to 1 Year)
• Fine
• Informal/formal Probation
• Permanent Criminal Record
Common Defenses for Resisting Arrest
• Failure to Give Miranda Warnings
• Excessive Force by Police
• Illegal Detention or Arrest by Police
• Lack of Knowledge that Accuser is a Peace Officer
• Accident
• Duress
Defense Criminal Attorney San Mateo County Redwood City Resisting Arrest
Assault and Battery- Common Defenses
Assault and Battery are two different offenses. Simply put, an assault is a failed battery. For instance, if a person attempts to punch another but misses, only an assault is committed. If the same person makes contact with his target, both a battery and an assault have been committed. In order to prove this offense, a Prosecutor needs to establish beyond a reasonable doubt that the act was done willfully and not in self-defense. As long as great bodily injury does not occur, Assault and Battery offenses can only be charged as misdemeanors.
Potential Penalties for Assault and Battery
• Jail Time (Up to 6 Months)
• Fine
• Informal/formal Probation
• Permanent Criminal Record
Common Defenses for Assault and Battery
• Failure to Give Miranda Warnings
• Force used in Self-Defense
• Lack of a Deadly Weapon
• Manner of Force not Likely to Cause Great Bodily Injury
• No Present Ability to Actually Apply Force
• Accident
• Unconsciousness
• Necessity
• Duress
Defense Criminal Attorney San Mateo Redwood City Assault and Battery
Potential Penalties for Assault and Battery
• Jail Time (Up to 6 Months)
• Fine
• Informal/formal Probation
• Permanent Criminal Record
Common Defenses for Assault and Battery
• Failure to Give Miranda Warnings
• Force used in Self-Defense
• Lack of a Deadly Weapon
• Manner of Force not Likely to Cause Great Bodily Injury
• No Present Ability to Actually Apply Force
• Accident
• Unconsciousness
• Necessity
• Duress
Defense Criminal Attorney San Mateo Redwood City Assault and Battery
Assault With A Deadly Weapon
Assault with a deadly weapon is a hybrid offense which can be charged under a variety of scenarios. The most common scenario is an assault which is committed with a deadly weapon, such as a gun or a knife. Under certain circumstances, this offense can be committed, without a weapon, when the force is applied in a manner likely to produce great bodily injury. If you are confused by this definition, you are not alone. Many attorneys do not understand the intricacies of this offense. As such, an experienced attorney is necessary to guarantee a person’s rights are fully protected.
Assault with a Deadly Weapon can also be a ‘Strike’ under California’s Three Strikes law. As such, the consequences of a conviction can be lifelong. For more information on the affect of a ‘Strike’ conviction see the information at http://www.rossgreenlaw.com/three-strikes.htm.
Potential Penalties for Assault with a Deadly Weapon
· Felony Jail Time (Up to 4 Years)
· A ‘Strike’ under California’s Three Strikes Law
· Fine
· Informal/formal Probation
· Permanent Criminal Record
Common Defenses for Assault with a Deadly Weapon
• Failure to Give Miranda Warnings
• Force used in Self-Defense
• Lack of a Deadly Weapon
• Manner of Force not Likely to Cause Great Bodily Injury
• No Present Ability to Actually Apply Force
• Accident
• Unconsciousness
• Necessity
• Duress
Defense Criminal Attorney San Mateo County Assault With a Deadly Weapon
Assault with a Deadly Weapon can also be a ‘Strike’ under California’s Three Strikes law. As such, the consequences of a conviction can be lifelong. For more information on the affect of a ‘Strike’ conviction see the information at http://www.rossgreenlaw.com/three-strikes.htm.
Potential Penalties for Assault with a Deadly Weapon
· Felony Jail Time (Up to 4 Years)
· A ‘Strike’ under California’s Three Strikes Law
· Fine
· Informal/formal Probation
· Permanent Criminal Record
Common Defenses for Assault with a Deadly Weapon
• Failure to Give Miranda Warnings
• Force used in Self-Defense
• Lack of a Deadly Weapon
• Manner of Force not Likely to Cause Great Bodily Injury
• No Present Ability to Actually Apply Force
• Accident
• Unconsciousness
• Necessity
• Duress
Defense Criminal Attorney San Mateo County Assault With a Deadly Weapon
Common Defenses to Robbery
A theft becomes a robbery when the taking of property is accomplished with the use of force or fear. The Property must be taken from a person or their immediate presence.
Robbery is a very serious offense and carries harsh penalties. Robbery is also a ‘Strike’, under California’s Three Strikes law. As such, consequences of a robbery conviction can be lifelong. For more information on the affect of a ‘Strike’ conviction see http://www.rossgreenlaw.com/three-strikes.htm. Robbery can only be charged as a Felony.
Potential Penalties for Robbery
• Felony Jail Time (Up to 4 Years)
• A ‘Strike’ under California’s Three Strikes Law
• Fine• Informal/formal Probation
• Permanent Criminal Record
Common Defenses for Robbery
• Failure to Give Miranda Warnings
• Force used in Self-Defense
• Lack of Intent to Permanently Deprive
• Abandonment of the Property
• Property Not Taken from Person or their Presence
Attorney Criminal Redwood City San Mateo County
Robbery is a very serious offense and carries harsh penalties. Robbery is also a ‘Strike’, under California’s Three Strikes law. As such, consequences of a robbery conviction can be lifelong. For more information on the affect of a ‘Strike’ conviction see http://www.rossgreenlaw.com/three-strikes.htm. Robbery can only be charged as a Felony.
Potential Penalties for Robbery
• Felony Jail Time (Up to 4 Years)
• A ‘Strike’ under California’s Three Strikes Law
• Fine• Informal/formal Probation
• Permanent Criminal Record
Common Defenses for Robbery
• Failure to Give Miranda Warnings
• Force used in Self-Defense
• Lack of Intent to Permanently Deprive
• Abandonment of the Property
• Property Not Taken from Person or their Presence
Attorney Criminal Redwood City San Mateo County
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