Category Archives: Crimes of violence

Assault with a Deadly Weapon (Penal Code 245) – Orange County Criminal Defense

Penal Code section 245 is generally referred to as “aggravated assault” or assault with a deadly weapon, but there are actually several variations. Penal Code section 245(a)(1) – Assault with a deadly weapon This section covers an assault with a deadly weapon other than a firearm.  Any instrument that is capable of inflicting great bodily […]

Can charges be changed after a preliminary hearing?

A recent question sent to me asked about the procedure in an involuntary manslaughter case.  The question was:  Can the judge decide to upgrade the charges if the DA doesn’t pursue greater charges?  The question was based on the recent preliminary hearing of Dr. Conrad Murray in the Michael Jackson death case. The prosecution files […]

Carjacking – Orange County criminal defense

In another post, I discussed the crime of robbery.  Although robbery can apply to the taking of any property by force, if the property taken is a motor vehicle (including cars, trucks, motorcycles and scooters), it can also be charged under Penal Code section 215 – Carjacking. Carjacking is taking of a motor vehicle from […]

Robbery – Orange County defense lawyer

Robbery – the elements, weapons enhancements and defenses Robbery (Penal Code section 211) is the taking of property from another without consent by force or fear.  First degree robbery (robbery in an inhabited house, a cab or bus driver or at an ATM machine) is a felony and carries a possible sentence of from three […]

Domestic violence charges and defenses

There are several “domestic violence” charges in California.  How they are treated and what your defenses are depend on the charge you face. Penal Code section 273.5 This is the “standard” domestic violence charge.  In order to prove this charge, the prosecution must prove that there was a willful infliction of a “corporal injury” that […]