Category Archives: Crimes of violence

Attempted murder and aggravated assault – can they charge both?

Why does the District Attorney charge both attempted murder and assault with a deadly weapon? Can you be charged with both crimes even though it was one event?  Yes, you can be charged with both. The prosecutor will often charge a situation they believe to be attempted murder with the related offense of aggravated assault. […]

Negligent Discharge of a Firearm – Penal Code 246.3

California has two laws on the books for discharge of a firearm or BB gun in a manner that might cause harm.  Ordinarily, laws are designed to punish for what you have done and not just what might happen. Negligent Discharge of a Firearm or BB gun Penal Code section 246.3(a) makes it unlawful to […]

What is a “Violent Felony” in the Three Strikes law?

Is Every Felony a “Strike” in California? California’s “Three Strikes” law was passed in 1994.  Many people think that every felony conviction is a “strike”.  They aren’t.  Only “serious” and “violent” felonies count as “strikes” under the law. The “serious” felonies are listed in Penal Code 1192.7.  Here is a list of the “violent” felonies […]

When is a deadly weapon not a deadly weapon?

In a recent post, I discussed the various sections of Penal Code section 245.  One of the ways that can be charged is “assault with a deadly weapon.” So what exactly is a deadly weapon? Case law through the years has shaped what can be a “deadly weapon” for this code section.  A deadly weapon […]

Child Abduction (“Child Stealing”) – Penal Code 278

There are different charges that could be filed in a case involving allegations of keeping a child from a parent or other person with custody of the child.  The specific charge matters here, as does the legal status of the parties. Child abduction by a person who does NOT have right of custody If it’s […]