Under California Penal Code 187, murder can be charged as ‘first-degree’ or ‘second-degree.’ When facing a charge of murder in the first degree, you are facing a sentence of 25 years to life in a State Prison. This charge is applied when the killing has been accomplished using a destructive force such as a weapon of mass destruction, poison, lying in wait, torture, armor-piercing ammunition, or other violent, destructive measures. The law calls it murder when an unlawful action took the life of a human being or fetus with ‘malice aforethought.’

• Malice aforethought is the required mental state of a defendant in order for them to be convicted of killing another person in California. When a person is the fault of another’s death unlawfully but does not fit this mental state, the crime would be considered manslaughter.

  Malice is present as either express or implied when the killing was a deliberate intent to end another’s life. When the action which resulted in the death of another human being was committed with no considerable provocation, and the defendant displayed a malignant and abandoned heart, it is considered expressing malice.

  Implied malice is when the killing was the result of intentional action, but the defendant did not set out to kill the victim. Implied malice demonstrates that the defendant had a conscious disregard for human life.

A charge of murder in the second-degree carries a sentence of 15 years to life in a State Prison. This charge is applied when the killing has occurred that was not carried out in a manner defined as ‘first-degree.’

Defending a client against a murder charge involves using common legal strategies. Daryl D. Anthony will work your case to determine if a defense of self-defense, insanity, or accidental applies to your situation. When you have him working with you and his expert team of investigators, it will be uncovered if there were an illegal search and seizure, or if your confession was coerced.

If your case involves tainted forensic evidence, or there has been a case of mistaken identification, Daryl D. Anthony is the attorney you want on your side to prove your case.

In California, it is considered Criminal Fraud whenever you perform an action which results in an undeserved benefit for yourself, or you harm or cause a loss to another person. These two acts of fraud are typically done for personal financial gain, or to escape criminal liability. California fraud offenses are often referred to as ‘White Collar Crime,’ and if convicted of these, you face high fines along with possible jail time.

A lot of the California fraud crimes are considered ‘Wobbler Offenses’ which means the prosecution will either try to convict you of felony charges or with a misdemeanor. The determination on how they will charge you depends on the facts surrounding your case, and your past criminal history if you have one.

There are more than one hundred types of offenses that fall under the ‘federal crimes’ level of fraud in the United States. Federal fraud violations would apply to:

• Terrorism
• Accounting fraud
• Computer crimes
• Conspiracy
• Corporate crimes
• Antitrust
• Internet fraud
• Social Security fraud
• Bank fraud
• Health Care Fraud
• Securities fraud

When facing federal charges, you will want experienced legal representation to help defend your future and your rights against the Federal Government.

Fortunately, with the proper criminal defense, there are a number of defense strategies that a skilled California Criminal Defense attorney can use in defending you against these charges. Many times, a person did not intend to commit fraud, and with the proper defense, it can be shown that your actions were not intentionally; therefore, you are not guilty of fraud. There are times when a person is arrested for an act which they did not commit. A case of mistaken identity can be proven through a defense motion to prove you are not the guilty party of these actions or charges. Another legal defense strategy could be to show you were arrested as a result of entrapment. Entrapment in California serves as an absolute legal defense. When the police lure you into committing an illegal act, your defense attorney can have the charges dismissed. 

The California Statue defines rape under Penal Code 261. Rape is considered non-consensual sexual intercourse performed through a threat, forced, or fraud. It is performed on an individual who is unconscious or unable to consent. This crime is not always committed in the form of sexual assault through physical force. It can also be considered rape when a man has sexual intercourse with a woman who is drunk and has lost consciousness, and when a doctor tricks his female patients into sexual acts, or if a police officer tells a woman she can avoid a DWI if she performs a sexual act.

The California Rape laws include a variety of sexual assaults that fall under the umbrella of rape:

• Penal Code 289 defines Forcible Penetration with a Foreign Object. This charge can also be called ‘forcible penetration by force or fear.’ To be charged with this form of rape, it is suspected that an act of sexual penetration was committed with another and that penetration was done with the use of an unknown or foreign object. The act was committed without the other’s consent and accomplished by using force, duress, violence, or unlawful bodily injury.
• Penal Code 266c represents Oral Copulation by Force. This form of rape is a non-consensual contact between a person’s mouth and another’s genitals. It becomes an illegal act if it is performed with the use of menace, threat, coercion, or violence. It can also be the result of one of the parties suffering this act if they are unconscious, intoxicated, or otherwise unable to consent.
• Penal Code 261.5 defines Statutory Rape. Statutory Rape occurs if one of the parties involved with sexual activity is under the age of 18. Another term for this form of rape is, ‘unlawful sex with a minor,’ and is illegal regardless if the victim agreed or not to the act. This form of rape is difficult as teenagers are sexually active, and it is easy to mistake an age or even be given an incorrect age when all of a sudden, you are accused of statutory rape.
• Penal Code 262 defines Spousal Rape. Many think it is impossible to rape one’s spouse, but under California law, this is a reality. Spousal rape is a serious felony, and the punishment can be quite harsh. Spousal rape is also known as marital rape and falls not only under California rape laws; it can also be charged as a domestic violence charge. If convicted of this charge, the defendant faces possible punishments and penalties under both Penal Code 261 Rape and either Penal Code 243(e) domestic battery or Penal Code 273.5 covering the infliction of corporal injury on a partner.
• Moreover, there is also Date Rape, which is used to describe nonconsensual sexual intercourse taking place between two people who were dating or are still dating, or voluntarily spending time with one another. Date rape and rape sound a lot like each other, and both are punished and prosecuted under the same California Penal Code 261.

Being charged with rape is a serious criminal allegation. Unfortunately, it can also be a crime one is charged with when they are entirely innocent. There are several legal defenses Daryl D. Anthony can help you explore when facing these ugly accusations. It can be proven if your accuser has made up false accusations, or if you had a reasonable belief, the alleged victim consented to the act.

Other defense strategies that can be used to clear your name include showing the evidence is insufficient, or perhaps you are a victim of mistaken identity. The act itself could have fallen short of actual intercourse, which in this case the charges would have to be dropped. Having a skilled criminal attorney working your case allows for the investigation into the charges and the possible discrediting of the allegations before the prosecution even files charges against you.

A conviction on your criminal record has serious lifetime consequences. One of the most severe punishments includes having to register as a sex offender.  California Penal Code 290 states those convicted of crimes including sexual behavior, are to register under one of the three tiers covering sex offender registration.  Date rape is one of the convictions and is considered a level three.

• Penal Code 290 covers the Sex Offender Registration Act. This registration can be one of the most devastating penalties imposed by the courts. The Senate in the State of California passed the Bill (SB) 384, which created a three-tiered level of registration requirements for those convicted for sexual behaviors.

  Tier one of the registration means, you have to register as a sex offender for a minimum of ten years. This level is for the lowest of sexual acts a person can be convicted of, and usually includes misdemeanor sexual battery or indecent exposure.

  Tier two of the registration requirements is when a person has to be registered as a sex offender for a minimum of twenty years. This level is imposed on those convicted of a mid-level sexual act and can include lewdness with a minor, or non-forced sodomy with a minor.

  Tier three of the registration is a lifetime requirement to be listed as a sex offender. This level is applied to those convicted of the more serious illegal sexual acts. To be assigned the tier three of the sex offender registration, a person would be convicted of sex trafficking children, sex crimes against children, or have repeated sex crime convictions on their criminal record.

Many times, people being charged with a crime of theft are productive, good citizens who have made an unfortunate mistake. People like this deserve experienced criminal defense against the charges, so they do not suffer the consequences of establishing a criminal record or serve jail time. A charge of theft is often based on wrongly accused persons due to false allegations or misleading evidence.

You need a good defense attorney on your side when facing charges such as Petty Theft, Receiving Stolen Goods, Burglary, Appropriation of Lost Property, Grand Theft, Grand Theft Auto, Embezzlement, or Grand Theft Firearm. These charges under California law could have you facing harmful consequences such as not being able to gain future employment. With the right defense attorney, you may have these charges reduced or dismissed.

If you have already been convicted on one of these crimes and it has been placed on your criminal record, talk to Daryl D. Anthony regarding how to expunge your criminal file.

The Health and Safety Code under California law 11350HS prohibits the possession of controlled substances. Unless you have a prescription written by a licensed healthcare professional, you cannot have certain controlled substances on your person. The United States Controlled Substances Act regulates these laws.

The drugs this Act pertains to include narcotics and other illegal drugs such as cocaine, LSD, and heroin. The Act also includes prescription drugs such as Vicodin, Oxycontin, and Codeine.

Under the California HS 11350, it is considered a misdemeanor to have possession of a controlled substance, and if you are convicted, you face up to a year in a county jail along with a fine up to $1,000. Your criminal defense attorney could have these charges reduced and request you complete a drug diversion treatment instead of spending time in jail.

There are certain circumstances where you may be charged with a felony for possession of controlled substances. The prosecution will exercise a felony charge if you have a prior conviction for a sex crime on your file, or other serious felony convictions such as murder, or gross vehicular manslaughter. These convictions would have you facing up to 16 months in jail, along with a steep fine.

Several crimes fall under California’s Vehicle Code 23103 for ‘reckless driving.’ Anytime an act is considered a wanton disregard for the safety of others or their property, it is deemed to be illegal.

Under VC 23103, it is considered a misdemeanor if, during a ‘reckless driving’ accident, you do not injure another driver. Under this charge, you would face from five to ninety days in jail, along with a fine between $145 up to $1,000.

If your ‘reckless driving’ caused an accident to a third party, you would be charged under VC 23103, and your sentencing will be harsher. This charge will have you facing up to thirty days in jail, along with a fine from $220 to $1,000.

Reckless driving can become a ‘wobbler offense’ in California. This means the prosecution, depending on the outcome of your actions, can either try you for felony or misdemeanor charges. Felony charges are often used against a reckless driver who has caused serious injuries as a result of the accident they created, or if the driver has prior convictions.

Should a death result from an accident where the driver has been deemed ‘reckless,’ the charges are then considered Vehicular Manslaughter. Under VC 23105 or VC 23104(b), you would then be looking at a sentence of up to six years in prison, or if filed under the Watson Murder, you could serve up to fifteen years to life in prison.

These are extremely serious offenses, and you will need the experienced help of a criminal defense attorney to protect your future. There are legal defense strategies to use against these charges, and you need the right defense with the best plan.

Abuse of a Minor also known under California Law Penal Code 273d as ‘corporal injury on a child,’ can either be charged as a misdemeanor or felony. Depending on the events resulting in the charge will determine how the prosecution will handle your case. Under Penal Code 273d, it is considered abuse to slap a child hard enough to leave a mark on their skin, punch a teenager for staying out late, or hitting a child with an instrument harder than is reasonable for discipline.

Child abuse in California if charged as a misdemeanor will result in punishment of up to one year in a county jail along with a fine up to $6,000. If the prosecution deems the events warrant your case be charged as a felony, sentencing can be from two to six years in jail as well as a fine up to $6,000.

Additional conditions may be applied to your sentencing if convicted of child abuse. The judge can sentence you to probation rather than jail time. Probation for abusing a child includes specific conditions unless the judge decides your circumstances do not call for them. They can impose a mandatory probation period of three years, place a protective order which could prohibit you from any contact with the child and prohibit you from any further violent actions or threats against the child. The judge can also request you attend a child abuser’s treatment program for the length of one year.

There are some common legal strategies used to defend one against child abuse allegations. The most common is that the charges are false. Children today are taught by social media and the schools about physical contact that may not be proper. The children then take that information and use it to their advantage often, resulting in false accusations of abuse for behavior they did not want to be disciplined for committing.

Other defense strategies include proving the injuries were not caused by abuse but rather another incident not involving the defendant, or that the defendant was acting in their legal right to apply discipline for unacceptable behavior. Child abuse charges are extremely stressful and frightening. A conviction of these charges will stay on your criminal record and could impact your life in numerous negative ways. You want a strong legal defense against these charges to clear your name and protect your rights. Other crimes against children include child molestation.

Under California Law, Penal Code 288, the statute defines child molestation as ‘lewd act with a minor child.’ This event occurs by touching a child for sexual purposes or causing a child to touch him or herself, or another for sexual purposes. Under this penal code, it is illegal for a caretaker to commit a lewd act with the use of force or threat to a minor, an elder, or someone with disabilities.

Lewd acts with a minor can include touches or fondling a sexual organ, or an overt act of child molestation. One can also be charged with child molestation even if it was not a sexual organ that was touched, or if the touching occurred over clothing, or if the child was the one performing the touching at the defendant’s urging. Actual arousal is not required with this charge because if it was the intent to arouse, that is all the evidence needed for a charge.

There are several defense strategies for defending one charged with child molestation. Some of them include the fact that there was no contact intended as it was accidental, or that when contact occurred, it was not the intent to arouse. There are also cases where children have accused the wrong person, or that the accuser lied or is mistaken.

Going to court can be scary for anyone, but for a child, or the parent of a child, that fear is multiplied. In the courtroom, you enter a whole new world of strange words, fast-talking, along with the uncertainty of what is in store for your future. As a juvenile there exists the fear of where they will be spending the night, tomorrow, or even the months ahead.

When a juvenile is charged with a crime, it is vital they have an experienced criminal defense attorney on their side to fight for their rights and their future. The juvenile criminal court system is different from that of the adult court system, and you want an attorney familiar with those differences and who knows how to work within the system.

Having the right criminal defense attorney working with your juvenile means the difference in whether or not the petition will be filed against them, whether or not your child can go home with you or spend time in juvenile detention. Proper legal representation can also make the difference between taking your child home or seeing them sent off to state prison as an adult offender.