Information on New Criminal Defense Laws in California
Blog - Page 8 of 18
What is Forced Oral Copulation in California Laws
Posted:
Oral sex or copulation is not unlawful when it occurs with the other partner's consent. Therefore, when your sexual partner agrees to oral sex, they cannot argue they were forced into the act. Oral sex is the touching or interaction between the mouth and someone else’s genitals or anus. However, it becomes illegal when the deed is non-consensual and is achieved using coercion, pressure, or fear. The laws on forced oral sex are complex, which is why they are discussed further below for better understanding of the offense, its penalties, and possible defenses. Forcible Oral Copulation at a Glance Section 287 of the state’s Penal Code describes forced oral sex or copulation as an interaction between somebody’s mouth and another party’s intimate parts without prior permission. Per the statute, oral sex is unlawful when: It is accomplished through fear, force, threats,... Read More
What is Considered Spousal Rape
Posted:
Rape is a severe crime that involves unconsented sexual intercourse. You can be arrested and charged with spousal rape when you use force, violence, or threats to engage in sexual intercourse with your spouse. Regardless of the nature of your relationship with a person, every sexual act in California must have consented. If the prosecution can prove that sexual intercourse happened and there was no consent from both parties, a conviction may be inevitable. Marital rape is charged as a felony under California Penal Code 262. A conviction for this offense will attract severe legal and collateral consequences. In addition to spending time in prison and paying hefty fines, the court will mandate that you register as a sex offender. Sex offender registration affects your personal and professional life by tainting your reputation. Sex crime laws in California are very... Read More
What is Considered an Assault on a Police Officer in California?
Posted:
Assault on a police officer refers to an intentional or reckless act that causes an officer to fear for his/her safety or others, regardless of whether there is physical contact. In general terms, it is an attack or an attempt to attack a law enforcement officer while performing their official duties. For an assault to be considered an assault on a police officer, the victim must be a peace officer, which includes police officers, sheriffs, and other law enforcement officials engaged in their official duties. You risk facing prosecution if the victim is a peace officer. This category includes public servants like firefighters, paramedics, and other first responders. If you are charged with this offense, you should contact a criminal defense attorney as soon as possible to help you navigate the criminal justice system and to ensure your rights are protected. Assault on... Read More
What is Criminal Negligence?
Posted:
The legal theory of negligence is often invoked in the civil court, but a version of it is also raised in the criminal court. The negligence concept is common in civil courts because behavior involving ordinary negligence, like distracted driving, is insufficient to earn a criminal conviction. However, legislators have recognized this and lowered the criminal penalties for involuntary crimes involving reckless or negligent conduct. Knowing the legal definition of criminal negligence can prevent you from engaging in particular offenses or assist you in understanding the type of charge you face. Legal Definition of Criminal Negligence Also known as culpable negligence, criminal negligence is conduct where you ignore an apparent risk or disregard a severe risk of harm that an average person in your circumstances would have perceived. The conduct can also be described as... Read More
Crimes Involving Ketamine in California
Posted:
Ketamine is a famous street drug veterinarians primarily use as an analgesic pain reliever. Its popularity began in the 1970s due to its impact, which included dissociation and hallucinations. Despite being classified as a Schedule III controlled substance under the federal Controlled Substances Act, some people prefer it to other controlled substances because its hallucinogenic effects are generally brief. However, the drug is also linked to other dangerous side effects like immobility, inability to experience pain, sedation, losing control over one's environment, and detachment. California has strict laws prohibiting the possession, use, sale, and transportation of ketamine as a regulated substance. Crimes involving ketamine carry severe penalties under the law, including time in jail or prison and a hefty fine. If you face charges for a ketamine-related drug crime... Read More
California Crimes that Involve GHB
Posted:
Gamma Hydroxybutyrate (GHB) is a central nervous system depressant abused alone or with alcohol for its sedation effects. Although GHB is used in the prescription medication XYREM for narcolepsy, its colorless and odorless nature makes it a commonly abused drug. The use of GHB produces serious side effects, including breathing difficulties, seizures, coma, and death. For this reason, the substance is highly regulated and is classified as a Schedule I depressant under the United States Controlled Substance act. California law makes it a crime to possess, use, transport, manufacture or be under the influence of GHB. Possession of this substance for personal use is a misdemeanor, and you can avoid jail time through a drug diversion. However, transport, sale, and distribution of GHB can attract an arrest and serious criminal charges. In addition to spending time behind... Read More
