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Commonly Asked Questions

Posted by Christopher Martens | May 16, 2013 | 0 Comments

Commonly Asked Questions of Christopher Martens criminal defense lawyer in Fresno, Visalia, and Hanford Courts.

California knife laws in 2013 Is it legal to carry a knife in California?

Switchblades, gravity knives or any knife that opens automatically is almost always illegal. Under California knife carry laws in 2013 a fixed blade knifes are only illegal to carry if they are concealed on the person. If the knife is openly carried in a sheath and is on your belt and it is visible to those around you than you are not carrying a concealed dirk or dagger. If the fixed blade knife is hidden in your pocket or clothing, that it is considered a concealed weapon. If you have questions about Kings county knife law or PC 12020 knife law length, contact the Visalia Criminal Lawyer who has done the legal research and can defend you if you are charged with violating California knife laws.

What are Pocket knife laws in California? What is the legal folding length of a knife in CA? All folding knifes are legal in california. A folding knife is a knife that “opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position” Any time the knife is in the folded position it is legal to cary in concealed manner.

What is PC 459? A violation of PC 459 is often called a Burglary. Burglary of a home is called first degree burglary and is a strike. Burglary of a store is second degree burglary and is not a strike. Burglary of an automobile is called grand theft auto.

How is burglary proven? Two things are required to prove burglary. The District attorney must prove that the Defendant entered a structure. Such as a home, store, barn, storage unit, or car. Secondly the prosecution must prove that the defendant had Felonious intent when he entered the structure. Usually the felonious intent is a theft crime; however, any felony will do as long as the defendant had the intent to commit that felony when the entry was made.

Should I take my HS 11550 charge to trial? Yes, and you should hire the Visalia criminal defense attorney to represent you. Having a HS 11550 on your record is a serious offense and has a minimum penalty of 90 days in jail. If you don't think that you can win your HS 11550 case the Visalia Defense Lawyer can help you enroll in a court mandated drug treatment program such as PC 1000 or Prop 36 that can help you avoid jail and get treatment for any drug addiction.

What if I'm charged with a PC 245(a)(4)

What is a self defense lawyer? What is self defense? Self defense using force on another person to stop them from physically harming you. If you are being attacked there is no duty to retreat.

What should I do if I'm arrested for PC 273.5

How can I find an attorney in Attorney in Visalia. In Tulare county, what options do I have if I'm charged with a crime in Tulare county What Criminal defense attorneys in Tulare CA should I hire. You should higher an experience criminal defense lawyer who work often in the court where your crime is charged. A trial attorney such as Mr. Martens or Mr. Shimizu will be able obtain the best possible result from your criminal charge.

What is the sentence for PC 211? For a first degree robbery you can be sentenced from 3 to 9 years. The sentence may be much harsher if there are other enhancements such as gang allegation or if a gun was used. Second degree robbery is punishable by a prison sentence of three to six years. Under California Law a Petty theft can turn in to a Robbery under law an “Estes Robbery” which is a theft coupled with the use of force or fear to escape with the property. An example of an Estes Robbery is stealing a case of beer from a gas station, but the attendant tries to stop the defendant and used force to complete the theft.

What happens if I commit a crime while I'm out on bond? If convicted the district attorney can add an out on bail enhancement and the court can sentence you to an additional two years to your sentence if convicted.

About the Author: Christopher Martens is an attorney at the Law Offices of Christopher Martens at CMLawGroup Naturally this article is connected to Christopher's Google+ profile.

About the Author

Christopher Martens

Bio Visalia and Bakersfield criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.


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