Is “Mere Presence” a Valid Legal Defense to a Criminal Charge?
In California, the defense of mere presence can be used in a criminal case when the defendant argues that they were present at the scene of a crime but did not participate in or aid the commission of the crime. This defense is based on the principle that a person should not be held criminally […]
Asserting an Alibi Defense to a Murder Charge – California PC 187(a)
An alibi defense is a legal strategy in which a defendant argues that they were not present at the scene of the crime when it occurred. In California, an alibi defense can be used in a murder case, which is defined under Penal Code 187(a) as the unlawful killing of another person with malice aforethought. […]
What Happens at the Arraignment in a California Criminal Case?
In California, the arraignment is the first formal court appearance for a criminal defendant after they have been arrested and charged with a crime. During the arraignment, the defendant is informed of the charges against them, advised of their rights, and given the opportunity to enter a plea of guilty or not guilty. The process […]
Is PC 25850(a) a Felony or Misdemeanor Under California Law?
Penal Code 25850(a) prohibits carrying a loaded firearm in a public place or in a vehicle. Under this code, it is illegal for any person to carry a loaded firearm on their person or in a vehicle. This crime is considered a “wobbler” under California law, which means it can be charged as either a […]
Does Jury Instructional Error Result in a Criminal Conviction Being Overturned in California?
In California, jury instructions are an essential part of a criminal trial. These instructions are designed to inform the jury of the relevant laws, evidence, and principles that they must apply in determining the guilt or innocence of the defendant. However, when a trial court provides incorrect or misleading instructions to the jury, it can […]
What is Ineffective Assistance of Counsel in California?
In California, as in most other states, defendants have a Sixth Amendment right to effective assistance of counsel. This means that defendants have the right to a lawyer who is reasonably competent and who provides a level of representation that is not so deficient as to undermine the integrity of the criminal justice system. When […]
Will Prosecutorial Misconduct Result in the Dismissal of a Criminal Case?
Prosecutorial misconduct refers to any actions taken by a prosecutor that violate the ethical rules or legal standards governing the conduct of criminal trials. These actions can range from withholding evidence that would exonerate a defendant, to making false or misleading statements in court, to coercing or bribing witnesses. When such misconduct occurs, it can […]
What is the Difference Between Battery and Aggravated Battery?
Under California law, simple battery, as defined in Penal Code 242, is the intentional use of force or violence against another person. This can include physical acts such as hitting, punching, or pushing, as well as threats of violence. Simple battery is considered a misdemeanor, and a conviction can result in a fine and/or up […]
