The Difference Between Domestic Battery, Assault, and Abuse
When a domestic dispute results in police involvement, the terminology used by officers, prosecutors, and courts can quickly become confusing. Words such as domestic battery, domestic assault, domestic violence, and domestic abuse are sometimes used interchangeably in everyday conversation, but they do not necessarily mean the same thing under California law. The specific allegations, the […]
Can Police Search Your Phone Without a Warrant?
For many people, a smartphone contains far more personal information than anything they carry in a wallet or keep in a filing cabinet. Text messages, photographs, emails, location history, banking information, social media accounts, search history, medical portals, contact lists, calendars, and years of private communications may all be accessible from a single device. That […]
How Prosecutors Prove Intent in Violent Crime Cases
Few elements of a criminal case are as important—or as heavily contested—as intent. In many violent crime cases, the prosecution cannot simply show that an injury occurred or that someone was present at the scene. Instead, prosecutors often must prove what was happening inside a person’s mind before, during, or after the alleged offense. Because […]
The Difference Between Voluntary and Involuntary Manslaughter
The Difference Between Voluntary and Involuntary Manslaughter Few criminal accusations carry consequences as severe as a homicide charge. When someone is accused of causing another person’s death, the legal distinctions between different homicide offenses become critically important. Many people assume that all homicide charges are the same, but California law recognizes significant differences between murder, […]
Can Police Lie During an Interrogation?
Many people enter a police interview believing that officers must be truthful when discussing the investigation. That assumption can be dangerous. In many adult criminal investigations, police officers are legally permitted to use certain forms of deception to encourage a suspect to speak, change an account, or make an incriminating statement. An investigator might falsely […]
How Domestic Violence Charges Can Impact Child Custody and Family Law Matters
A domestic violence accusation can create consequences that extend far beyond the criminal courtroom. When the accused and the alleged victim share children, the case may quickly affect child custody, parenting time, communication between parents, access to the family home, and other important family law matters. Even before a criminal case reaches trial, temporary court […]
What Parents Should Do Immediately After Their Child Is Arrested
What Parents Should Do Immediately After Their Child Is Arrested Learning that your child has been arrested is one of the most frightening experiences a parent can face. Fear, confusion, anger, and uncertainty often set in immediately, making it difficult to think clearly. Unfortunately, the decisions made during the first few hours after an arrest […]
Understanding Plea Bargains
Understanding Plea Bargains Facing criminal charges can be one of the most stressful experiences a person will ever endure. Between the uncertainty of the legal process, the possibility of jail or prison time, and the long-term consequences of a conviction, many defendants begin hearing the term “plea bargain” almost immediately after charges are filed. While […]
What Happens at an Arraignment?
What Happens at an Arraignment? Being arrested or charged with a crime is one of the most stressful experiences a person can face. For many people, the uncertainty surrounding the legal process is just as frightening as the allegations themselves. One of the first major steps in a criminal case is the arraignment, yet many […]
Understanding California’s “Great Bodily Injury” Enhancement
Understanding California’s “Great Bodily Injury” Enhancement Facing criminal charges in California is intimidating under any circumstances. However, when prosecutors allege a Great Bodily Injury enhancement, the stakes become significantly higher. An enhancement can add years to a prison sentence beyond the punishment for the underlying offense, making it one of the most serious allegations a […]