Citrus Heights Felony Lawyer, California

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LEGAL TERMS

LEGISLATIVE IMMUNITY

A legal doctrine that prevents legislators from being sued for actions performed and decisions made in the course of serving in government. This doctrine does n... (more...)
A legal doctrine that prevents legislators from being sued for actions performed and decisions made in the course of serving in government. This doctrine does not protect legislators from criminal prosecution, nor does it relieve them from responsibility for actions outside the scope of their office, such as the nefarious activities of former Senator Bob Packwood.

IRRESISTIBLE IMPULSE TEST

A seldom-used test for criminal insanity that labels the person insane if he could not control his actions when committing the crime, even though he knew his ac... (more...)
A seldom-used test for criminal insanity that labels the person insane if he could not control his actions when committing the crime, even though he knew his actions were wrong.

ARRAIGNMENT

A court appearance in which the defendant is formally charged with a crime and asked to respond by pleading guilty, not guilty or nolo contendere. Other matters... (more...)
A court appearance in which the defendant is formally charged with a crime and asked to respond by pleading guilty, not guilty or nolo contendere. Other matters often handled at the arraignment are arranging for the appointment of a lawyer to represent the defendant and the setting of bail.

FEDERAL COURT

A branch of the United States government with power derived directly from the U.S. Constitution. Federal courts decide cases involving the U.S. Constitution, fe... (more...)
A branch of the United States government with power derived directly from the U.S. Constitution. Federal courts decide cases involving the U.S. Constitution, federal law--for example, patents, federal taxes, labor law and federal crimes, such as robbing a federally chartered bank--and cases where the parties are from different states and are involved in a dispute for $75,000 or more.

INDECENT EXPOSURE

Revealing one's genitals under circumstances likely to offend others. Exposure is indecent under the law whenever a reasonable person would or should know that ... (more...)
Revealing one's genitals under circumstances likely to offend others. Exposure is indecent under the law whenever a reasonable person would or should know that his act may be seen by others--for example, in a public place or through an open window--and that it is likely to cause affront or alarm. Indecent exposure is considered a misdemeanor in most states.

PLEA BARGAIN

A negotiation between the defense and prosecution (and sometimes the judge) that settles a criminal case. The defendant typically pleads guilty to a lesser crim... (more...)
A negotiation between the defense and prosecution (and sometimes the judge) that settles a criminal case. The defendant typically pleads guilty to a lesser crime (or fewer charges) than originally charged, in exchange for a guaranteed sentence that is shorter than what the defendant could face if convicted at trial. The prosecution gets the certainty of a conviction and a known sentence; the defendant avoids the risk of a higher sentence; and the judge gets to move on to other cases.

ACCOMPLICE

Someone who helps another person (known as the principal) commit a crime. Unlike an accessory, an accomplice is usually present when the crime is committed. An ... (more...)
Someone who helps another person (known as the principal) commit a crime. Unlike an accessory, an accomplice is usually present when the crime is committed. An accomplice is guilty of the same offense and usually receives the same sentence as the principal. For instance, the driver of the getaway car for a burglary is an accomplice and will be guilty of the burglary even though he may not have entered the building.

NOLO CONTENDERE

A plea entered by the defendant in response to being charged with a crime. If a defendant pleads nolo contendere, she neither admits nor denies that she committ... (more...)
A plea entered by the defendant in response to being charged with a crime. If a defendant pleads nolo contendere, she neither admits nor denies that she committed the crime, but agrees to a punishment (usually a fine or jail time) as if guilty. Usually, this type of plea is entered because it can't be used as an admission of guilt if a civil case is held after the criminal trial.

INTENTIONAL TORT

A deliberate act that causes harm to another, for which the victim may sue the wrongdoer for damages. Acts of domestic violence, such as assault and battery, ar... (more...)
A deliberate act that causes harm to another, for which the victim may sue the wrongdoer for damages. Acts of domestic violence, such as assault and battery, are intentional torts (as well as crimes).

SAMPLE LEGAL CASES

People v. Chun

... II. DISCUSSION. A. The Constitutionality of the Second Degree Felony-murder Rule. ... The second degree felony-murder rule is based on statute and, accordingly, stands on firm constitutional ground. [4]. B. The Merger Doctrine and Second Degree Felony Murder. ...

People v. Albillar

... The remaining issues involve the enhancement defined by Penal Code section 186.22, subdivision (b)(1) (section 186.22(b)(1)), which adds specified penalties for "any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with any ...

People v. Delgado

... 1063 OPINION. BAXTER, J. After a jury convicted defendant of felony offenses, a court trial was held on the allegation, for purposes of enhancing his sentence, that he had a prior serious felony conviction. ... other than a firearm." Only the latter version qualifies as a serious felony. ...

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