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Posted in Assault FAQ'S on November 24, 2014
Because PC 245(a)(1) can be charged as either a misdemeanor or felony, the sentencing varies considerably. If convicted as a MISDEMEANOR, punishment could include: 1. Up to 1 year of jail 2. Up to $1,000 in fines 3. A 10 year prohibition on firearm ownership / possession pursuant to PC 29805 4. Confiscation/destruction of the…
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Posted in Assault FAQ'S on November 24, 2014
First and foremost, a prosecutor must prove each and every element of their case beyond a reasonable doubt to a jury. Typically, PC 245(a)(1) defenses fall into one of three categories: False Allegations: False allegations are common with assault charges. Often the person making the false allegations does so because they are worried about their…
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Posted in Assault FAQ'S on November 24, 2014
A deadly weapon under PC 245(a)(1) is defined as any object, instrument, or weapon that is inherently deadly, or one that is used in such a way that it is capable of causing and likely to cause death or great bodily injury. If you or a family member has been arrested for Assault With a…
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Posted in Assault FAQ'S on November 24, 2014
PC 245(a)(1) is commonly known as Assault With a Deadly Weapon (ADW) in California. To prove that a defendant is guilty of PC 245(a)(1), the prosecutor must prove five things: That the defendant did an act with a deadly weapon (other than a firearm) that by its nature would directly and probably result in the…
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Posted in Proposition 47 FAQ'S on November 6, 2014
Can you actually get your sentence changed or charge reduced to a misdemeanor? The new changes under Prop 47 allow those convicted of certain drug possession charges to request reduction of their charges and sentence by petitioning the court. If you have been convicted of the following offenses AND are still serving a sentence (includes…
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Posted in Proposition 47 FAQ'S on November 6, 2014
Certain theft offenses in California have been modified to make such offenses misdemeanors for most people. Commercial Burglary, Forgery, Grand Theft, Possession of Stolen Property, and Theft with a Prior (PC 666), have all been modified substantially. For instance, any Felony Burglary of the second degree under Penal Code 459 that occurs with the intent…
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Posted in Proposition 47 FAQ'S on November 6, 2014
Can I really get my sentence changed or reduced to a misdemeanor? The new changes under Prop 47 allow those convicted of certain theft charges to request reduction of their charges and sentence by petitioning the court. If you have been convicted of the following offenses AND are still serving a sentence (including being on…
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Posted in General FAQ'S on May 1, 2014
Witnesses can technically be charged with Perjury for intentionally providing false testimony while under oath. Unfortunately for criminal defendants in California, the prosecutor almost never pursues such charges against their own witnesses, even in the event that it becomes obvious such perjury has occurred. The realities of witnesses are this: Sometimes people intentionally lie, and…
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Posted in General FAQ'S on May 1, 2014
Any number of things can happen. If the DA can show they have taken ample steps to secure the witness’s presence, then your trial could be continued over your objection. The DA could have another way of securing their testimony, such as read-back of preliminary hearing testimony and potentially by playing prior recorded statements. The…
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Posted in General FAQ'S on May 1, 2014
This is a delicate question. If you are a criminal defendant, you have an absolute right not to testify in your case…although the decision whether or not to testify is one that must be made with some serious consideration on the part of your attorney after consulting with you. If you are NOT a criminal…
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