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Drugs and Gun enhancements

Posted by Christopher Martens | Oct 15, 2012 | 0 Comments

Previously we discussed the serious consequences of possession, sales and transportation of Methamphetamine. As harsh as these drug charges are, the California Penal Code provides even harsher sentences if certain circumstances are met. Under the California Penal Code section 12022(c), an additio...

Motion for Acquittal - Penal Code Section 1118.1

Posted by Christopher Martens | Oct 12, 2012 | 0 Comments

Under Penal Code 1118.1 the defense counsel will make a motion for judgement of acquittal.The Court will consider the motion and will grant it if the prosecution has failed to substantiate any element of the charged crime. Penal Code 1118.1 “In a case tried before a jury, the court on motion of t...

Spousal Abuse - What You Need To Know

Posted by Christopher Martens | Oct 08, 2012 | 0 Comments

California defines spousal abuse as the willful infliction of “corporal injury” on a spouse, former spouse, cohabitant, or parent of the defendant's child. For a conviction of this type of domestic violence the prosecution must show that the defendant willfully inflicted “corporal injury on a vic...

Possession v. Transportation of Meth.

Posted by Christopher Martens | Oct 08, 2012 | 0 Comments

California Health and Safety Code Section 11377 makes it a crime to possess Methamphetamine. To be found guilty of this crime, the District Attorney must prove that you possessed or had under you control a controlled substance, that you knew or should have known of it's presence, that you knew of...

3 - Three Strikes

Posted by Christopher Martens | Aug 10, 2012 | 0 Comments

he three strikes law in California in a sentencing enhancement that can result in a life sentence depending on the defendant's criminal history. Certain felonies are considered “strikes.” These strikes are felonies that are considered either violent or serious. Some charges that are considered st...

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