“Penal Code 368 makes it a crime to inflict physical abuse, emotional abuse, neglect, endangerment or financial fraud on a victim 65 years of age or older. The crime is usually charged against caregivers, but can also be charged against anyone who commits these sorts of offenses against a senior citizen victim.”
According to the specified Penal Code of domestic violence, if a parent inflicts physical injury or abuse over his or her child as a means of punishment, or to refrain the child from adopting a dangerous action, then the parent is in serious trouble and will be charged as a convict. The accused may also have to suffer jail time for using “physical violence” against the child. Emotional violence is ruled out in this kind of Penal Code and it is referred to in another law.
With that, there are possible defense strategies that can be used to waive off the misdemeanor charges associated with the specified Penal Code of domestic violence crime. For that, if the defendant manages to prove that he or she has been wrongly accused, has acted in that way as a means of self-defense, or the incident took place as an accident, this Penal Code may not apply to them since it requires a “willful” action of domestic violence.
f you are a non-citizen and have been convicted of domestic violence, stalking, child neglect or abuse, and abandoning a child after September 30, 1996, you may be deported!
If you live in Bakersfield California and are charged with Domestic Violence you are in danger of losing your Second Amendment rights. The only way to preserve your constitutional right to keep and bear arms is to get your domestic violence case dismissed. Meet with an attorney at our Bakersfield office to learn how to protect your rights.
Isolation: This includes blocking or monitoring their telephone calls, telling them where they should or shouldn't go, and preventing them from visiting their relatives and friends. Breaking Faith/Trust: This comprises lying to your partner/spouse, keeping important information from them getting jealous for no significant reason, betraying their trust and resorting to infidelity and breaking
Since in California it is legal for a minor to marry an adult with parental or judicial consent, if the defendant was married to the alleged victim at the time of intercourse, providing a document proving marriage is a complete defense.
Our attorneys in Bakersfield can help determine if you were justified in Self Defense: If you are trying to resist the violent acts of your partner and act violently with them to defend yourself against the harm they are inflicting on you, then you won't be guilty of this crime, rather you would be seen as the victim. This is also referred to as ‘violent resistance'. It means that you believed or knew that you were going to suffer from extreme harm or injuries and realized that the instant use of a violent act or force was the only option left to safeguard yourself from that Furthermore, you made use of the precise amount of force that was necessary for keeping you safe and you did not resort to an unnecessarily extreme measure of force. If your spouse or partner attacked you severely and you reacted to their violence harshly just to protect yourself, then you won't be charged with domestic violence.
Domestic violence refers to one partner in a marital or romantic/intimate relationship being abused by the other partner. It is one of the most terrible and significant social dilemmas recognized by non-governmental and governmental agencies. Normally, in a relationship, women are subjected to do...
The California Penal Code 368 is related to elder abuse. It covers physical and emotional abuse, financial abuse, theft, and neglect experienced by a victim of domestic violence. A charge following this code can be dealt with as a felony or misdemeanor. A misdemeanor conviction can result in a jail sentence of a maximum of one year, with a fine and probation. A felony conviction can result in a jail sentence of a maximum four years. The penalty received by the abuser depends on their history as well as on the injuries inflicted on their victim. Defendants with a non-existent or limited criminal record have better chances of having no jail sentence, whereas those with huge records have less chances of getting probation without having any jail time.
Mobilized pressure from lawyers who uphold prison reform towards a federal judge is coming into a greater light for the overpopulation crisis in California prisons and has been a huge factor in the continuous COVID-19 outbreaks up to even today. U.S. District Judge Jon Tigar has been the judic...
The Department of Justice has deepened their investigation on those who target abortion clinics during the Biden Administration. Under the Freedom of Access to Clinic Entrances Act, lawsuits and prosecutions have been piling up since Biden had taken office as President, and even though the prote...
If you are an eligible U.S. citizen, you are required to respond to a jury duty summons. However, do you get compensated for this civic duty and your time allotted to it? Bills and other financial responsibilities don't go away while you are on jury duty. Here's what the California justice syste...
According to the National Highway Traffic Safety Administration (NHTSA), it is estimated that a little under 43,000 deaths in the U.S. were resulted from car crashes in 2022. This is one of highest number of fatalities in over 16 years. The Herbert Wertheim School of Public Health and Human Long...
A school board member in Sonora, California has been filed a restraining order against them by school officials allegedly claiming he is a “executioner for God” and has a role to “kill children.” This was written in a manifesto of his own creation as told in news articles. Jason Vassar, a truste...
Currently, law enforcement has gotten more trainings and are required to follow certain measures in how to handle and recognize fentanyl. A “glassy” look for example, is the combination of heroin and fentanyl. Fentanyl can also come in a white powder form too, and other mixtures are no longer a rare instance. Police officers are now blaming state laws for the increase of fentanyl usage and overdose, claiming that Proposition 47 that was a law passed back in 2014, reducing the prison populations around the state, including releasing those with crimes such as drug possession and other nonviolent misdemeanors. Returning back to prison would be applied to those that have prior strikes, if they were arrested for possession of fentanyl as an example. While the crisis of fentanyl hasn’t become easier for law enforcement, it doesn’t mean punishment isn’t excluded from the picture. Living on the streets can still be criminalized, and treatment centers are either at full capacity or are not affordable to obtain services from. The solution that law enforcement highly demands on is to put people into or back to prison doesn’t truly resolve any aspect of the drug epidemic. The drug will still exist, and it will harm communities if it isn’t prevented to be stopped in using or selling. I don’t know any other solutions other than funding from city to state budgets actually being invested into resources that are on the ground in helping those that are at risk of these high intensity situations, and not just displacing them from one place to another. Law enforcement insisting that laws are to blame for the crisis is pretty reductive, and it goes further into just not be equitable for prison.
Last Friday, an appeals court in California ruled that the state is still able to share gun owners’ personal information with researchers who focus on gun violence. California's Department of Justice has been given permission to give identification information that is compiled by the state from the background check process that each gun owner is required to do by law. The data is given to qualified research institutions, and there are 4 million gun owners in California. Authorization of this law, AB 173, was passed by Governor Gavin Newsom in 2021, according to The Associated Press. California's DOJ was permitted to share "names, addresses, phone numbers, and any criminal records, among other things" under the new regulation, said by The Modesto Bee. “The court’s decision is a victory in our ongoing efforts to prevent gun violence,” Bonta said in a November 20 media release. “AB 173’s information-sharing serves the important goal of enabling research that supports informed policymaking aimed at reducing and preventing firearm violence," Bonta said in the statement. "Research and data are vital in our efforts to prevent gun violence in California and provide a clear path to help us save lives." “The court’s decision is an important victory for science,” Garen Wintemute, who heads up the California Firearm Violence Research Center at University of California, said in a statement. “For more than 30 years, researchers at UC Davis and elsewhere have used the data in question to conduct vital research that simply couldn’t be done anywhere else," Wintemute said. "We’re glad to be able to return to that important work, which will improve health and safety here in California and across the country.”
Despite California being a Democrat-led state, prison reform hasn't been as successful as proposed. Inspector General Amarik Singh released a report on prison medical care earlier this month, with results of the majority of adult prisons in California scoring underperforming levels. This report ...
The Kern County Sheriff's Department is now being enforced to stop the usage of chokeholds while on duty as well as stopping other officers if they decide to make that action, said the California Attorney General's Office last Tuesday when announcing a major settlement between the county and the ...
SAG-AFTRA has officially ended their 118-day strike after reaching a tentative agreement with Hollywood executives. Many films and shows were not able to be marketed or publicly discussed by those in the union, and the picket lines never stopped during this period of demanding for the bare minimu...
33 percent of state prisons in California do not provide well-quality healthcare to the incarcerated population, as many recent inspections have proven that concern. The Office of the Inspector General makes evaluations every couple of years or so, inspecting medical facilities and how patients ...
Yesterday, the Supreme Court had began the process of hearing arguments on the case that would determine whether federal law can or cannot permit guns to be owned by domestic abusers. If this law is taken away, many state laws similar to it would as well. Gun reform would completely shift. The c...
Two farm labor contractors were sentenced to seven years' probation due to the lack of reporting of their payroll that would impact worker's insurance premiums, the Monterey County District Attorney's Office said Friday. Elias Perez Jr., 43, and Alejandra Perez, 40, from King City, were corporat...
California law enforcement agencies are sharing automated license plate reader data to states that have banned access to legal abortions after the reversal of Roe v. Wade. Attorney General Rob Bonta made an issued statement on what and what cannot be shared under state law. “While this technolog...
Tesla has been sued by a California civil rights agency, alleging that Black employees have experienced racial discrimination and harassment while working at a factory in San Francisco. According to Courthouse News Services, “The 39-page complaint filed in Alameda County Superior Court by the Ca...
We focus on defending clients accused of Domestic Violence and Driving Under the Influence (DUI), two of the most aggressively prosecuted charges in California. Every case starts with listening. We take the time to understand your situation, your concerns, and your goals so we can build a defense strategy tailored specifically to you. If you are under investigation or have already been charged, do not wait. Early action can make a critical difference in your case. Contact us today for a confidential consultation.
