Category Archives: Crimes of violence

When is a deadly weapon not a deadly weapon?

January 28, 2011

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 is one [...]

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Child Abduction (”Child Stealing”) - Penal Code 278

January 27, 2011

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 child abduction [...]

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

January 26, 2011

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 injury or [...]

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Can charges be changed after a preliminary hearing?

January 12, 2011

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 whatever [...]

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Carjacking - Orange County criminal defense

May 19, 2009

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 a [...]

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