by Denis Honeychurch | Apr 27, 2021 | Felonies, Misdemeanors, Three Strikes
“Assault” charges are one of the most common types of alleged criminal violations. Most people would assume that in order for assault charges to be filed, you must have intended to strike or hurt someone. But, as the jury instructions and case law make clear, you...
by Denis Honeychurch | Apr 16, 2021 | Domestic Violence, Felonies, Misdemeanors, Sex Offenses
U-Visas – Gaining Legal Residency Status as a Crime “Victim” A “U visa” permits undocumented individuals to gain legal status to remain temporarily in the United States on the basis of her status as the victim of domestic violence,...
by Denis Honeychurch | Jan 20, 2021 | Felonies, Firearms, Three Strikes
New Los Angeles District Attorney George Gascon has indicated that his office will no longer file sentencing enhancements when charging crimes against defendants, representing a major step forward toward ending the draconian sentencing laws that have filled California...
by Denis Honeychurch | Jan 13, 2021 | Felonies, Misdemeanors, Probation & Parole
After a person pleads guilty, no contest, or is convicted after trial, “probation” can be granted at sentencing instead of an order committing a person to county jail or state prison, either under the supervision of a probation officer...
by Denis Honeychurch | Jan 25, 2019 | Domestic Violence, Felonies
Under Crawford v. Washington, ((2004) 541 US 36), out of court statements by witnesses that are testimonial are barred under the Confrontation Clause of the Sixth Amendment, unless witnesses are unavailable and the defendant had prior opportunity to cross-examine...
by Denis Honeychurch | Sep 28, 2018 | Expungements, Felonies, Misdemeanors
Penal Code sections 1001.35-1001.36 were added to the California Penal Code June 27, 2018 to create a new statutory scheme that provides the Court the discretion to place qualified criminal defendants into “Pretrial Mental Health Diversion”. On June 21, 2018, Penal...