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Orange County Criminal Charge Definitions

California criminal law is based on the criminal law of U.S. However there are some procedural as well as substantive differences between the ways the California and U.S Federal Government prosecutes the violation of the criminal laws. In order to curb crime and bad practices the lawmakers of California has devised a sound and powerful legal system.

California criminal law defines crime as an act omitted or committed with violation of law commanding or forbidding it that can be punished upon conviction with either fine, death, imprisonment, removal of office etc. Californian criminal law defines crime in three categories including Felonies, Infractions and Misdemeanors etc.

Infractions are not a crime according to the California criminal law. A person who has been issued infraction is subjected to only fine or removal from public office. He or she will not face imprisonment in case of infraction issued to him.

Misdemeanors- If a person is found punishable under this crime then he may face imprisonment in a detention facility or a city jail for a period not exceeding one year. Barring a few cases, a misdemeanor is punishable by a six month imprisonment and/or fine not exceeding a thousand dollars.

Felonies- These are serious or heinous crimes that can be punished by imprisonment or death. A person who is convicted under this crime may also be granted probation instead of the usually prison sentence. In addition to punishment, fines can also be imposed on the convict.

Anyone involved in a crime should contract a lawyer local to their community, such as a criminal lawyer San Clemente for example.

John H Anderson Law is a San Clemente Law Firm

Located at 105 E Mariposa, San Clemente, CA 92672 949-492-9944

 

 

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Glendale Healthcare Fraud Defense

No country in the world can escape from Healthcare frauds. It also holds true for the city of Los Angeles.  Take for example the case of a Glendale man who was running a healthcare scam, when arrested he was found in possession of diverse identities of doctors. With these fake identities he submitted approximately six thousand insurance counterfeit claims in respect of 800 Medicare patients in Los Angeles. He has been sentenced to five years in state prison for doing this illegal act.  With his fraudulent he collected $50,000 in different bank accounts and transferred this money to his associates in Armenia. This fraudulent man has also been asked to pay $50,000 in restitution.  He would be placed on supervised probation when he gets out of jail.  These types of cases are hard to fight; only a Criminal Defense Attorney can represent and help solve the case according to the law of the land.  The Attorney knows the difference between prison and freedom. If this person in the fraud case has hired a Criminal Defense Attorney such as a San Clemente lawyer you can defend and reduce the sentence. Only Criminal Defense Attorney knows how to deal with a particular situation.

If we look back at the history, why people commit healthcare fraud, it should be known that the main reason behind healthcare fraud is bankruptcy.  People who go bankrupt have to undergo situations like intense medical bills and other healthcare issues. Those who participate in these types of healthcare fraud can face jail, fines, loss of medical licenses, if any, restitution etc. Doctors and nurses, surgeon, medical biller or any other healthcare professional if found having links with fraudulent people may lose their jobs.

Criminal Defense Lawyer Can Defend Violent Crimes

Violent crimes can occur anywhere, defending the same is the task of creative minds.  Apart from handling these types of situations, require knowledge, skill and expertise.  The most common places of crimes include schools, churches, cemeteries and other places. Besides this nobody knows as to where a violent crime takes place.  These violent crimes are so ruthless, which only one person can handle solely i.e.  Criminal Defense Attorney in San Juan Capistrano.  It is the job of the Defense Attorney to protect your rights even if it turns out to be an embarrassing situation.  For example, in San Bernardino County, investigations are on way for a violent brawl which took place in a kindergarten graduation ceremony.

The crux of the problem was several women at the venue were alleged to have got physical and abusive in a field near the Puesta Del Sol Elementary in Victorville, CA.  After that several men also got physical who started forcing the school officials to shut down the school until deputies arrive on the scene.

If convicted there is every possibility these women could face up to six months in jail for interfering the peaceful atmosphere.  In Los Angeles these types of violent crimes are dealt with seriously.  If any person becomes the victim of these crimes they can take the assistance of Los Angeles Criminal Defense Attorney who could help the persons facing severe punishments. The Criminal Defense Attorney would do its best in protecting the individual not to bare the public shame or lose their job and much more by interpreting the correct rights of the individual.

Child Finds A Weapon, Causes Tragic Death

The accidental shot from a 9-year-old North Hills boy in which his 02-year-old brother died, is unquestionably a tragic accident. According to Los Angeles police this bizarre incident took place on July 09 at about 5:50 p.m. The single gunshot wound was found to the upper torso of the boy. The boy, who was shot at, was taken to the hospital where he died after sometime. The 9-year old boy disclosed to the detectives that he accidentally shot his brother with a loaded firearm. After the incident the neighbors told police that this family came to the area only two weeks back, and they didn’t see any outside person entering or walking their house. The neighbors seemed to be shattered by this incident, so much so that they didn’t show any interest talking about this rare incident One of the neighbors Kenny Carillo when asked to throw some light on the incident, he plainly said “Not now”. The other neighbor said” I couldn’t sleep last night, after recalling this incident throughout the night”. It was a bad luck on the part of the family.

A defense attorney in San Juan Capistrano specializing in  criminal law, even if a person unintentionally causes the death of another person could also be charged with murder due to the depraved-heart theory. By Depraved­heart murder it means killing resulting from the gross negligence. For example, if a person accidentally shoots someone, he may be charged with murder under the depraved-heart theory for displaying gross negligence in handling the shotgun, if the Negligence is proved in the incident.

San Clemente Marine Charged with Felony DUI

Andrew Stueber, 25 who is a Marine stationed at Camp Pendleton has been charged with vehicular manslaughter. The case relates to an alcohol-related crash which took place in August 2009 in San Clemente, in which a fellow Marine was killed, while two others were injured. Andrew did crime i.e. manslaughtering with gross negligence as he was intoxicated. Besides he also injured two other fellow Marine. If convicted he faces 12 years in state prison. According to a news release, the incident occurred on August 1, 2009, when Andrew was in intoxicated state.  He drove a Ford Mustang around 2 a.m. after drinking heavily along with his friend Goodys Tavern in San Clemente states a news release from the Orange County District Attorney’s office.

According to prosecutors Andrew was driving at 70 mph in a 35 mph zone with friends Edmund Vandecasteele 22, Robert Nichols, 22 and Kyle Nance, 21 as they were passengers in Avenida Vista Montana car. During the crash Vandecastelle who was in the front passenger seat died on the spot because of multiple traumatic injuries. The other two co-passengers who were on the back seat sustained cuts and injuries. Steueber was taken to hospital with head injuries and was treated for head trauma. He was found to have a blood/alcohol level of .09 percent after about two hours of crash. The legal alcohol limit for driving in California is however, .08.

According to Police Sergeat Jack Anderson, during these types of cases do not plead guilty to a DUI without consulting an San Clemente defense attorney first. He further said there are too many defenses to just plead guilty.

Gang Rivalry Resulted in the Death of a 15 Year Old

A shooting incident at long Beach which is considered to be a case of gang shooting resulted in the death of a 15 year old long Beach boy on 27 June 2010. According to long Beach Police Department the shooting occurred at around 6:25 a.m. at the 1400 block of Gaviota Avenue. The boy has been identified as Brian Balderrama, who suffered multiple gunshot wounds to his torso, police informed. Balderrama was badly injured in the melee and was taken to the hospital where he succumbed to his injuries. No information about suspect is available presently. Further investigations are going on in the case. But police has termed the incident as a gang rivalry case. According to California Penal Code Section 187, commitment of murder is an act of causing death of another person by unlawful means is unjustified with “malice aforethought”. The first degree of murder is committed through deliberation and premeditation while the second degree murder is committed out of blind or reactive rage. The cause of the murder would be known after further investigation. The punishment for murder according to California law is life in prison. The parole depends on the nature of conviction and whether it was a first or second degree murder.

If the murder turns out to be a case of mistaken identification, accident, self-defense or justifiable homicide a  Dana Point criminal defense attorney could be hired for further investigations in the case.  But remember if the killing was unintended consequence of the crime, in which death has already occurred the felony can be charged with First Degree murder.

California Sunday school teacher sentenced to life in prison for slaying 8 year old

According to California Criminal law, murder is considered as an unlawful killing of a person with a specific intention or malice towards a person. It is with this reason a California Sunday school teacher named Melissa Huckaby was sentenced to life in prison. Her crime was slaying 8 year old Sandra Cantu. The body of the child was found in a suitcase when the child disappeared in Tracy, California in March 2009 and was not found after an extensive search. Prosecutors charged Huckaby with murder, lewd and lascivious acts on a child under 14, and of course rape by instrument. The Sunday school teacher apologized of her ruthless act to the family of Sandra Cantu and her own family. In an emotional tone she addressed the family of the 8 year old child by saying that she is spending each hour of her life memorizing the slain child repenting on my act. California criminal law describes the murder of the first degree as killing someone with malice and through deliberate and premeditate and intent killing. This willful, deliberate and premeditated killing is often characterized by lying in wait, torture using explosive device to kill a person. Similarly, murder of the second degree is almost the same as that of first degree murder according to a defense attorney in San Clemente. Like a person gives heroin to the other person and dies because of overdose, this could be a second degree murder. In these situations hiring an experienced Southern Cali criminal defense attorney firm is suggested it will ensure lowest possible sentence.