Posted by Christopher Martens | Oct 15, 2012 |
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...
Posted by Christopher Martens | Oct 12, 2012 |
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...
Posted by Christopher Martens | Oct 08, 2012 |
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...
Posted by Christopher Martens | Oct 08, 2012 |
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...
Posted by Christopher Martens | Aug 10, 2012 |
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...
Posted by Christopher Martens | Nov 19, 2011 |
We are pleased to announce the launch of our new Kings County criminal defense web site and law blog! Please follow us by adding our feed to your reader.