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Assault vs Battery What Is The Difference?

Assault and battery are two different crimes, though the terms are often mistakenly used interchangeably. A conviction for either crime can result in severe penalties if prosecuted and convicted. If you were recently charged with assault or battery, you need an experienced San Jose assault defense lawyer to provide the critical support and resources...

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“Yes Means Yes” – California Law Defines Sexual Consent

Sexual assault continues to be a big problem on the nation’s university and college campuses. California schools have been no exception. The issue of consent is at the heart of whether or not the legal line has been crossed. Many campus policies and procedures regarding sexual assault have failed to provide students with clear...

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The Impact of Prior Convictions on Future Criminal Charges

In California, your criminal history can significantly influence what happens when you’re charged again. Even one prior conviction might increase penalties or even turn a misdemeanor into a felony, depending on the circumstances. That’s why it’s essential to understand how past offenses can follow you and affect your future. Whether or not the judge...

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Is It Illegal to Have Sex in a Car?

No law in California prohibits people from having sex in a car. However, it is illegal to have sex in your car if you do so where someone can see you. When Is It Illegal to Have Sex in a Car in San Jose, CA? California Penal Code §647 makes it illegal to engage...

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Carrying a Loaded Firearm in Public

Carrying a loaded gun in public is taken very seriously in California. Even if you believe you have a good reason for doing so, state laws can be strict about where and how you can possess a firearm. Violating these laws can lead to criminal charges, penalties, and a permanent record.  Continue reading to...

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Does California Have Romeo and Juliet Laws?

Romeo and Juliet laws are designed to decriminalize consensual sexual activity between minors and young adults by providing a "close-in-age" exemption. These laws allow minors to engage in sexual activity with another minor or an adult close to their age without facing criminal charges. California does not have specific Romeo and Juliet laws, making...

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How Long Does It Take to Seal an Arrest Record in California?

In California, if you were arrested but never convicted, you have the right to ask the court to seal and destroy your arrest records. Once sealed, these documents won’t appear on most criminal background checks, and law enforcement agencies must destroy items like police reports, fingerprints, and booking photos.  This legal option is intended...

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Am I Facing Jail Time if Arrested for Simple Battery?

Facing a charge for simple battery can feel stressful and confusing, especially if you’ve never been involved in the criminal justice system before. Under California Penal Code § 242 PC, simple battery involves the willful and unlawful use of force or violence on another person, even if there’s no actual injury.  It’s important for...

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What You Need to Know About Counterfeit Merchandise Charges

Counterfeit merchandise charges are serious criminal offenses. You could be charged with a misdemeanor or a felony, depending on the circumstances of your case. In this piece, a San Jose criminal defense lawyer discusses these charges in this blog and what you must do to protect your rights if you are arrested on counterfeit...

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Ignition Interlock Device Laws in California

If you are convicted of driving under the influence in California, you may be required to install an ignition interlock device or IID. These devices are designed to prevent a person from operating a motor vehicle if they have any alcohol in their system. Understanding ignition interlock device laws in California is important so...

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