What is Considered a Self defense in an Assault Case?

Life is completely unpredictable and you cannot predict what might be waiting for you around the corner. Even if you will find yourself in a challenging situation, chances are, your natural instincts and reflexes will help you deal with the circumstances properly and effectively. This is exactly where the notion of self defense comes into the frame. Even if you are the victim, the other person may still press charges against you, claiming that he or she demands compensation for all the damages. So how will the self defense strategy hold up in court? Well, if you have ample evidence that would demonstrate how you were reacting in self defense, the case may even be dismissed. Yet, it is all much easier said than done.

First of all, in order to demonstrate what is self defense and what kind of self defense will hold up in court, let us review a couple of examples:

1. You and your buddy are drinking at his place and discussing the latest news. Your buddy is already quite drunk and you tell him to slow down. Sure enough, his reaction is inadequate – he is angered by your words, he takes an empty beer bottle and makes an attempt to crash your skull with it. You manage to avoid his blow and push him aside, causing him to fall down and break his arm.
2. You and your buddy are drinking and he is suddenly angered by something you said. He takes a beer bottle and swings it over your head. You manage to avoid the blow, take the knife from the table and stab him.

While the first case is considered self defense for certain, since you reacted naturally and tried to defend yourself from the danger and acted accordingly, the second case is a very tricky one. To begin with, stabbing a man is a rather harsh measure and one that you should resort to only if you have no other choice. In this case, you could always run away or push your buddy aside. The prosecution will not let the second one slide that easily.

If you happened to be involved in the similar situation and wish to prove your actions were nothing more than self defense, we recommend you to get in touch with a qualified criminal defense attorney, who is going to use all of his skills and expertise to help you. He will go through all the available evidence and will make sure you get out of this unpleasant situation with minimal legal damages. Only a professional attorney will be able to confront the prosecution on the subject of self defense to fight your charges properly. This way, you will get the best legal representation you deserve.

Were you involved in a self defense criminal case? Contact our law firm now!

The Law Offices of Criminal Defense Specialists

Basic Information About The Notion of Malicious Mischief Charges

We all make mistakes – it is in human nature and there is absolutely nothing most of us can do about it. Yet, it is very important, to be able to control our actions so as not to hurt the people around us. If you committed a crime with an ill intent, you should definitely be ready for the upcoming consequences. After all, that is what the justice system is for.

What is malicious mischief? The emphasis here should be on the word malicious, meaning that a person actually had the intent to destroy other individual’s property in some way. With no intent, there can be no case, but if the individual was actually damaging something on purpose – well, this is a somewhat serious crime that will surely not go unpunished.

In order to clear things up a little bit, let us review a couple of examples that will demonstrate how it works. Let us say, it is your wife’s birthday and you really want to surprise her. You were working very hard to get her something truly special – a brand new car that she has been dreaming about for so long. However, you do not stop there and wish to be more creative about it. So, in order to make it even more exciting for her, you decide to damage her old vehicle first. You go to her office and you find her vehicle. You get some paint and pour it all over the car. The paint is everywhere and you are satisfied. However, you did not know, but your wife did not go to work that day and you accidentally ruined her co-worker’s car that looks exactly like hers. Although the damage is done, you had no intention to harm this property, since you believed that the car belonged to your wife. Well, the prosecution will try to take the case forward, but it will be rather difficult with this kind of story.

On the other hand, let us imagine for a second that you had reasons to suspect that your wife was cheating with that co-worker of hers. So you go to the office, you find his car and you break every window. You scratch the car, you punch it with a bat – you are purposefully destroying it. Well, there is your malicious mischief – a case that will stand in court and the prosecution will have every right to handle it accordingly.

It is very important to have a qualified as well as genuinely experienced legal representative, who will be able to minimize the sentence or will get the case closed to begin with. It is in fact the only viable option.

Need more information about malicious mischief charges? Contact us now! 

Los Angeles Criminal Defense Specialists

Seeking Expungement: A Decent Option To Clear Your Criminal Records

One way or the other, we all make mistakes – it is in the human nature and it is absolutely normal. That is, until your mistakes start to hurt people, who surround you. At times, our mistakes resulted in someone’s injuries or other bad things that are punishable by law.

Of course, it does not necessarily mean that every single criminal is in jail or prison by mistake. It just means that some people deserve to get the benefit of the doubt. Even if they are guilty of something, they may still deserve a second chance – a chance for redemption, a chance to clear their name, a chance that will allow them to return to normal day to day living.

Criminal records in one’s personal history could create plenty of difficulties. After all, very few employers will be happy to hire a person with some kind of criminal records, even if it is only a DUI misdemeanor offense. These records are freely available for everyone, so make no mistake – the company will use its resources to find out everything it can about you – starting with your background and up to the criminal history.

Furthermore, you can forget about getting a loan at the bank – banks are also very thorough when it comes to placing their money in someone else’s hands. Chances are you will not be able to get even a minimal loan, not to mention something a bit more substantial.

Most landlords will not want a person with criminal history to remain in their neighborhood, so there is also that – finding a roof above your head is also becoming gradually more difficult.

However, there is a possibility to get your records expunged. In order to reap all the benefits of criminal expungement, you will need to complete all the conditions and the requirements of your probation. If you have successfully completed your probation, paid all the taxes and fines and are not charged with any additional crimes, there is a chance that your records are going to be expunged from the system and you will get a second chance to start clean.

Still, it is all much easier said than done – in order to get the desired expungement you will first need to prove that you actually deserve it. In order to do that, you will need to seek help from a qualified as well as genuinely experienced legal representative, who will know how to handle the court properly. He will be able to prove that you surely deserve the second chance and that the expungement is good for you. Of course, you will need to comply with everything the court says and first of all – you will need to appear for the court hearing. Expungement can mean the start of new life for you, so do not lose your chance to use it.

Do you need an expungement? Contact our Los Angeles criminal defense law office now!

The Los Angeles Criminal Defense Experts

Probation Violation: Consequences and Penalties

No person in the world is perfect and that is the reason why we make mistakes so often. Still, the important thing is to make sure that our mistakes do not affect the lives of people around us in a very negative way. Our actions must not harm anyone else and if you have managed to break the law, have no doubts – you will be held responsible for it.

With that said, some crimes are not as serious as others. The court is not always throwing everyone to jail. On the contrary, if the crimes were not that serious, the convicted person actually gets a second chance. This chance comes in form of probation. The judge may be willing to substitute a jail sentence for the probation. Of course, it does not mean that the individual will be set free. There are certain terms and conditions of probation that the convicted individual will be obliged to follow at all times.

The conditions of probation vary from case to case and generally depend on a variety of factors. However, there are several things that are common for any probation. First of all, you will be obliged to report to your probation officer on a day to day basis. He will monitor you and your actions in order to make sure that you are not intending to commit a crime yet again. Furthermore, you may be obliged to perform drug tests every week in order to make sure that you remain sober. In addition, you will be required to attend to special alcohol or drug awareness classes as well as perform community service. The type of community service also depends on the crimes that you have committed. A special tracking device may be attached to your foot or your arm in order to track your movements. You will be prohibited from getting in contact with any criminal elements and you will need to stay as far away from any criminal activity as possible.

Furthermore, it is very important for you to attend the probation hearing. Some people do not realize how important it really is and miss the hearing. However, it is crucial for you to be there or to send a qualified and experienced attorney instead (if allowed to). Otherwise, you risk getting a bench warrant, which means that you will be charged with probation violation (PENAL CODE SECTION 1191-1210.5) and arrested.

In certain cases, the judge will be willing to provide you with yet another chance and will allow you to remain on probation, but for an extended period of time and with new conditions. One way or the other, you will need to find yourself a good attorney, who will be able to minimize the sentence and who could negotiate better probation conditions for you. Only a top quality legal representative will be able to help in a situation like this, so do not neglect to contact a lawyer as soon as possible.

Were you arrested for a probation violation? Contact our attorney now!

The law offices of Criminal Defense Specialists