The California Supreme Court rules that California's medical Marijuana and the compassionate use act does not prevent local city an municipal governments from regulating or prohibiting “collectives” from operation within their jurisdictions. Using zoning laws business that are considered nuisance...
California Health and Safety Code 11350 HS, possession of a controlled substance HS 11350 Covers all narcotics that are possessed without a lawful prescription. It includes drugs including Vicodin and Codeine as well as heroin ecstasy and GHB. The maximum punishment for possession of these drugs ...
Felony Child Abuse, PC 273a(a) California makes it a crime to intentionally injure a child, or to put a child in a situation where it is likely that great bodily harm or death will result. Penal Code Section 273a(a) You can be charged with Felony child abuse if you do any of the following. You...
What are Wobbler Crimes A wobbler is the name given to certain types of crimes which can either be charged as a felony or a misdemeanor. For example, the illegal possession of a controlled substance in violation of penal code section 11377 is an example of a wobbler. A crime which is charged as a...
Expunging your Criminal Record Attorneys from the Law office of Christopher Martens can help you get an expungment of your case for convictions in Kern County, Kings County, Tulare County, or Fresno County. This includes courts in Hanford, Visalia, Bakersfield, Fresno courts. Why would you want a...
How Can I find out information about my Fresno Court case? The easiest way is to contact an attorney that is familiar with the Fresno Superior Court. A phone call from an Attorney to the Fresno County Court or Fresno County District Attorney's office can go a long ways to determining what is happ...
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 k...
What is Kidnapping? If you are charged with Kidnaping the Fresno Defense Lawyer can help you fight the charges, here is what you need to know. Kidnaping is using fear or force to move someone a “substantial distance” without their consent. The movement must be more than a slight or trivial dista...
If you are charged with Criminal Threats in the Tulare County Courts (Visalia and Porterville) or Fresno County Courts or Kings County Courts (Hanford or Corcoran) you need a trial attorney to help defend you. People often say things that that don't mean out of anger of frustration. It is common ...
The most common defenses of Crimes charged in California. For those charged with crimes in Porterville, Tulare, Visalia, Fresno, Hanford, Corcoran, and Lemoore the Law offices of Christopher Martens is prepared to present and defend your case. Here is a list of some of the most common defenses to...
What is domestic violence crimes that I can be charged with and what are some common defences? Battery on spouse or cohabitant, PC 243(e)(1) The prosecution must prove beyond a reasonable doubt two things: That the defendant committed a battery on a victim. (A batter in an unlawful touching wi...
There are three types of Burglary: First degree, Second Degree, and Grant Theft Auto. First Degree Burglary which is entering into an occupied home with the intent to commit a felony. A home that people live is an occupied residence even if they are not home at the time. If people are present whe...
What is attempted Murder? The prosecution must prove that the defendant took some action towards killing another person AND The defendants's act was intended to kill a person Attempted murder requires a direct action "A 'direct step' requires more than simple planning, preparing, or arranging ...
What is Bail? Under the United States Constitution, and under the California Penal Code, a defendants has a right to reasonable bail for most offenses. Bail is the monetary amount the defendant must pay before he can be released from custody while a criminal prosecution is pending. It basically ...
Health And Safety Code Section 11550 makes it illegal for someone in California to be under the influence of a controlled substance. The elements to this crime are: Defendant willfully used a controlled substance. Defendant was under the influence of the controlled substance. The Health A...
California Penal Code section 415(1) is commonly referred to as disturbing the peace. It makes it a crime to fight, or challenge someone to fight in a public place. To be convicted of this crime, the district attorney must prove all of the following elements. You willfully and unlawfully fough...
Health and Safety Code 11359 makes it illegal for anyone in California to possess marijuana for the purpose of sales. The elements of this crime are laid out by the statute as: Defendant exercised control over marijuana. Defendant knew of its presence. Defendant knew that the substance was...
Penal Code 273.5(a) - Spousal Battery PC 273.5 (a) outlines the elements for the crime of corporal injury to spouse or cohabitant (spousal battery). This crime is made of of three elements: Defendant willfully inflicted corporal (physical) injury on the victim. The Victim was the defendant...
Robbery is defined as the Felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. California Penal Code Section 211. The punishment for robbery can exposes an individual from 2 to 9 ye...
California's Health and Safety code makes it illegal to possess or cultivate of marijuana in sections 11357 and 11358 respectively. However, over the past 20 years, access to marijuana for medical purposes has become increasingly legal through the compassionate use act, the medical marijuana prog...
Another enhancement that is codified in PC 12022 regulates the use of armor piercing ammunition during the commission of a crime. Being found guilty of this enhancement crime could result in up to 10 additional years in prison. In order for this enhancement to be alleged, there must first be fact...
The California law has codified in the penal code certain crimes known as “enhancements.” These crimes punish conduct that accompanies or occurs after a primary offense. For example, let's say that a defendant was caught during the commission or attempted commission of a felony (the primary offen...
California Penal Code section 182 makes it a crime to even "Conspire" to commit a crime. Thus, even if you didn't actually commit the underlying offense, you can still be convicted of conspiring to commit it. To be convicted under Penal Code 182, the district attorney must prove that one or more ...
California law makes it illegal to possess and carry certain types of knives. Many are confused as to what types of knives are legal, and which types are illegal. For purposes of this blog we will seek to shed some light as to what constitutes legal carry of knives. Per the penal code there are m...
On Nov. 29 2012, Lindsay Lohan had a complaint filed against her in the Los Angeles County Superior Court. According to the LA County Public Relations Department, Lindsay Lohan was charged with violations of Penal Code (PC) section 148(a), Vehicle Code (VC) Section 31, and VC Section 23103. The f...
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.
