Criminal Defense - Page 18

Yes, a plea deal can be reversed. It's easier said than done, though. Usually, once a defendant pleads guilty in a plea deal, that's it. However, in cases of injustice or violations of the plea deal, the deal can be broken. The prosecution and the judge have the easiest route to a reversal. The defendant has far fewer options, but they can file a motion to withdraw a plea if...

In California, criminal law may be tricky to understand unless you have a legal background. There are several different ways to plead in a criminal case. The three most common pleas are not guilty, guilty, and no contest.  Most people understand the difference between not guilty and guilty. Pleading no-contest is very similar to pleading guilty—except for the admission of guilt. Learn what it means to plead no-contest and when...

Implied malice in California homicide cases occurs when someone acts with a conscious disregard for human life, knowing their actions are dangerous but proceeding anyway. This concept often arises in second-degree murder cases, where there is no direct intent to kill, but the person’s reckless behavior shows an indifference to the risk of death. Implied malice distinguishes second-degree murder from manslaughter by focusing on the defendant’s awareness of the danger...

You can face severe penalties for obstructing a peace officer in California. Therefore, it is essential to understand what constitutes obstruction and the strategies a criminal defense lawyer can use to reduce or eradicate these types of charges. California Penal Code §148 PC Penalties California Penal Code §148 PC outlines the types of punishments you can face for obstructing law enforcement or resisting arrest. The offense is categorized as a...

Coerced confessions are a type of false confession that stems from overbearing or overly forceful law enforcement conduct. Legally, citizens must give admission under their own free will for the confession to qualify as evidence during a trial. But coercive tactics and abuse can lead to false confessions and cause innocent people to suffer penalties for crimes they did not commit. What Constitutes Coerced Confessions By definition, coerced confessions are...

When defending certain crimes, you may use the mistake of fact or mistake of law defenses to prove that you broke the law due to an honest error. The mistake of fact or law legal defenses are reserved for crimes that involve intent, and they can apply to misdemeanor and felony charges. Understanding the Mistake of Fact Defense Criminal defense attorneys use the mistake of fact defense when a defendant...

In the California Penal Code, there is no specific law that addresses simple loitering. Instead, loitering is a component of several different violations. While loitering on its own might seem like a minor infraction, as a component of another crime, it can be charged as a misdemeanor and carry heavy penalties. An experienced Los Angeles criminal defense lawyer will know all the ins and outs of the particular charge you...

One of the greatest freedoms we enjoy under the Constitution is the right to peaceably assemble. Nonetheless, this is not a limitless right. For example, if you are part of an assembled group that plans to commit a crime or a crowd that poses a threat to public safety, you can be charged with unlawful assembly. Participation in an unlawful assembly violates state law; therefore, the definition and penalties vary....

Not every person charged with a crime ends up going to trial or taking a plea deal. Many criminal cases end up being dismissed by the court or the prosecutor. One of the first things our attorney will do when we take on your case is to determine if there are grounds under which the prosecution should dismiss it. At Simmrin Law Group, we advocate for our clients and work...

Charges of assault and battery can lead to serious penalties if you are convicted. Depending upon the severity of the offense, you could be facing years in prison and significant financial penalties. It is critical that you build a strong defense against these charges after an arrest in California.  At the Simmrin Law Group, we have plenty of experience fighting for the rights of those facing assault and battery charges...