Great bodily harm is only supposed to be alleged under the most severe circumstances. When charged and proven, it subjects an offender to a three to six year California State Prison sentence in addition and consecutive to the sentence he/she will serve for the underlying offense.
The problem is that overzealous prosecutors charge this enhancement almost routinely anytime someone is injured. Even injuries as insignificant as scratches, red-marks, or simple bruises are being labeled “great bodily injuries”.
Fortunately, good California criminal defense lawyers understand that GBI is more severe than the type of injury that would normally result from a violent act…and know how to effectively convey that message to a judge and jury.
]]>The defendants allegedly billed Medi-Cal for in-home nursing services that were provided by unlicensed individuals. Some of these individuals had no medical training whatsoever, but performed nursing services that included administering medications, adjusting ventilators, and feeding through gastronomy tubes.
Medi-Cal fraud includes billing for unnecessary services, for drugs or other supplies that were never ordered, and for paying unauthorized individuals to perform medical services. The penalties can be severe, which is why it is important that anyone accused of this type of health insurance fraud consult with a criminal defense lawyer who has expertise in this complex area of the law.
]]>The problem is lies in the awful reputation that plagues nursing homes. While it’s true that elder abuse in California nursing homes is common, it’s certainly not the norm. But anytime an elder who lives in one of these long-term care facilities is unhappy, injured, or ill, the staff is automatically suspected of abuse.
]]> The reality of the situation is that elders frequently suffer these conditions simply because of their age. But because actual instances of elder abuse in California nursing homes receive so much publicity, it is what the public has come to expect.As a result, compassionate, hard-working nursing home employees find themselves routinely facing false accusations for elder abuse…accusations which can destroy one’s reputation and livelihood. The unfortunate outcome is that these dedicated workers can be forced out of the workplace if their false allegations aren’t adequately defended.
]]>My grandfather is a well respected and well educated doctor…and had I not been there, would have been a victim of financial elder abuse, otherwise known as “senior fraud”.
California financial elder abuse or “senior fraud” is punished under Penal Code 368 PC. It can include anything from stealing money from an elder’s wallet (a California elder is someone who is 65 or older), to scamming an elder out of money (like the letter sent to my grandfather), to sophisticated offenses like transferring an elder’s entire estate into your own name.
Not always easily detectible…nor always easily provable…California financial elder abuse is on the rise and…as a result…law enforcement officers are on the lookout.
]]>As recently as last year, nationwide studies suggest that three to five million seniors have experienced abuse but that only one in five cases are reported. It’s these kinds of statistics that have prompted many California local law enforcement agencies to target elder abusers and to prosecute elder abuse cases swiftly and aggressively.
]]> The political pressure to curb this growing trend means that cops and prosecutors may be overzealous when it comes to making arrests and pressing charges under California’s elder abuse law…which unfortunately means that the number of false accusations and wrongful arrests rise as well.If you find yourself in this position…that is, having been falsely arrested for violating Penal Code 368 California’s “elder abuse” law…make sure that you seek qualified legal representation from a California criminal defense lawyer who has successfully defended against false elder abuse charges.
]]>There are a variety of crimes, such as prostitution, lewd conduct in public, and indecent exposure that carry severe social stigmas and, sometimes worse…a lifetime duty to register as a California sex offender.
Skilled California criminal defense attorneys know how to expose the weaknesses in the prosecution’s case early on to convince prosecutors to reduce these more serious offenses to Penal Code 415 “disturbing the peace”.
“Disturbing the peace” is a “wobbler”, which means that prosecutors have the discretion to charge the offense as either a misdemeanor or an infraction. Either way, employers, family members, and anyone else who learns that you were convicted of “disturbing the peace” is much less likely to subject you to the harsh treatment that a California sex crime would surely invite.
The other good news is that penalties for Penal Code 415 “disturbing the peace” charges are limited to a maximum county jail sentence of 90 days and a maximum fine of $400. “Typical” misdemeanor offenses are punishable by up to six months in the county jail and a maximum $1,000 fine.
In reality, if your attorney negotiates a “disturbing the peace” charge reduction, you will likely pay a small fine and serve no jail time.
Prosecutors charged Melvin “Shane” Sparks, a judge on “America’s Best Dance Crew” and a choreographer on “So You Think You Can Dance”, with eight felony counts of lewd acts with a child under California Penal Code 288 late last month.
The Los Angeles District Attorney’s Office is relying on a California Penal Code 801(f) that provides that the statute of limitations for certain sex offenses committed against minors may be extended if the following three conditions are satisfied: (1) the statute of limitations has otherwise expired, (2) the crime(s) involved substantial sexual conduct, and (3) there is clear and convincing evidence that corroborates the victim’s allegations. According to the Los Angeles D.A.’s Office, each of these conditions has been fulfilled.
If Sparks is convicted of lewd acts with a child under California Penal Code 288 (otherwise known as “child molestation”), he not only faces imprisonment and substantial fines, but will be required to provide a DNA sample and register as a sex offender for life.
]]>Police arrested Williamson after a mother and her 7-year-old son claimed that as they walked by Williamson’s home, he made a point of making his “naked self” visible to them.
Under California’s “indecent exposure” law, Penal Code 314 PC, unless Williamson purposely “flashed” himself to the mother and son and drew attention to his genitals, he could not have been convicted of indecent exposure. This is because California’s “indecent exposure” law under Penal Code 314 PC requires
The witnesses didn’t testify that Williamson was “aroused” or that he gestured to them or made any other lewd or obscene movements…just that he was naked and visible to them from the path in front of his home.
Courts have historically ruled that “nudity” by itself isn’t obscene and doesn’t rise to the level of indecent exposure without additional lewd conduct. Maybe it’s time someone shared that information with the sentencing judge.
]]>Within a couple of weeks, one of the state’s legal brothels is hoping to hire a few men to service their clients. This is thanks to a new regulation that provides for urethral testing for men to ensure the same health standards for both sexes.
]]> Although street prostitution, brothels, and all other forms of advertised sexual services are illegal in this state under California Penal Code 647(b)’s prostitution / solicitation laws, each form still takes place on a daily basis.While brothels “per se” no longer operate in California, massage parlors, strip clubs, and other “adult venues” still offer similar services. But buyer beware…undercover decoy officers routinely conduct sting operations in the hopes of making California Penal Code 647(b) prostitution / solicitation arrests.
]]>California’s arson laws (Penal Codes 451 and 452 PC) prohibit willfully, maliciously, or even recklessly setting fire to another’s property or land. These laws even prohibit willfully setting fire to your own property if (1) you did so with a fraudulent intent, or (2) other property or persons were injured as a result.
California’s arson laws themselves under these Penal Code sections are fine, that’s not the problem. It’s how these arson cases…and those around the country…are investigated that is the issue.
]]> For years, arson investigators would look for arson “clues” that included windows buckled by extreme heat, uneven burn patterns, and melted copper wiring. From these clues, arson investigators would determine that a fire had spread quickly, leading them to conclude that the fire was intentionally set.Today, these outdated (and often inaccurate) forensic practices still unfortunately exist, although they are finally being questioned and challenged.
If you have been wrongly convicted of arson, immediately contact an arson defense attorney. Many old cases are being reexamined and, thankfully, many innocent people are having their convictions reversed and dismissed.
]]>Depending on the particular sex crime for which an individual was convicted, the Megan’s Law website may publish his/her name, photo, the convicted charge(s), and other identifying information (including a complete home address).
But all hope is not lost. There are ways to have your personal information removed or excluded from California’s Megan’s Law website. There are a handful of sex offenses that may entitle you to this relief.
If the state believes that you are not a “predator”…and, therefore, not a danger to society…it will allow you to remove or exclude your information from the Megan’s law list. Once received (and approved), your information may be removed from the Megan’s Law website in thirty days…giving you a new lease on your privacy and, more importantly, your safety.
]]>One crime in particular is Penal Code 288.2 PC “sending harmful matter to a minor with the intent of seducing that minor”. Penal Code 288.2 PC “sending harmful matter to a minor with the intent of seducing that minor” prohibits sending explicit or obscene matter to a minor with the intent of sexually arousing yourself or the minor and with the intent of engaging in sexual contact with the minor.
Officers will ask for nude photos of the people they are communicating with, engage in explicit e-mails, exchange erotic text messages, and/or have “phone sex” with people who otherwise may not even have engaged in such behavior.
If you are accused of sending harmful matter to a minor under Penal Code 288.2 PC, be sure to discuss a possible entrapment defense with your California sex crimes defense attorney.
]]>California’s cyberstalking laws are codified in Penal Code 646.9 PC. Simply put, Penal Code 646.9 PC cyberstalking prohibits using any “electronic communication device” (including a cell phone) to threaten or harass another person with the intention of placing that person in fear for his/her safety or for the safety of his/her family.
While cyberstalking may seem less harmful or intrusive than “traditional” stalking, the offenses are prosecuted and punished in much the same way. In fact, cyberstalking can actually be just as dangerous as traditional stalking, due in large part to the fact that blog postings, chat room conversations, and even e-mails can be sent anonymously. Because of this fact, law enforcement agencies have formed specialized units to aggressively investigate cyberstalking claims.
]]>Nonetheless, celebrity stalking is what grabs our attention...and is actually what drove the California Legislature to pass California’s anti-stalking laws in 1990. These laws were based on two very high-profile celebrity stalking cases involving actresses Theresa Saldana and Rebecca Schaeffer.
]]> Since the 1990s, celebrity stalking seems like it’s always in the headlines. Actors such as Steven Spielberg, Jodie Foster, David Letterman, Catherine Zeta-Jones, Gwyneth Paltrow, Gloria Estefan, and Britney Spears have all been the victims of stalking in recent years.Stalking, by definition, is harassing or threatening another person with the intent of placing that individual in fear for his/her safety or for the safety of his/her family. Because celebrities draw so much attention, they are prone to unwanted attention and persistent harassment.
The key, legally speaking, is figuring out when the “expected” celebrity lifestyle…that is, the constant public intrusion into a celebrity’s private life…goes from simply being a “part of the job” to a matter of personal safety.
]]>Throughout history, wives were looked upon as “property” owned by their husbands. As property, a wife didn’t have the “right” to refuse sex with her husband.
However, in the 1970s, lobbyists in the anti-rape movement argued that spouses shouldn’t be exempt from California rape laws. They believed…and convinced the California Legislature…that married women deserved the same protection from nonconsensual sex as unmarried women.
And even though California Penal Code 262 spousal rape is a separate offense from “traditional” rape, it is every bit as serious. It even carries the same maximum eight-year California State Prison sentence and a lifetime requirement to register as a sex offender. Make no mistake about it…California marital rape is, in fact, a crime and will be aggressively prosecuted.
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