Copyright 2010: Harry E Hudson: California Criminal Lawyers. All Rights Reserved.
PERSONAL INJURY (Some examples)
Car, truck, motorcycle or other vehicle hits another car, truck, motorcycle other vehicle or a person. Injuries can include fear or emotional distress, bruises, cuts, or death.
SLIP AND FALL
A person is at a store, in a hotel, another persons house and is hurt when he or she slips and falls because he or she stepped on a liquid, tripped over a hidden object or stepped in a hole that was covered up.
A person touches another person unlawfully. If unwanted this could even be a kiss. It could also be a severe beating. It can be done with weapons.
Although this can happen as an accident ( a pedestrian in a crosswalk hit by an inattentive driver), it can also be caused by a deliberate act (homocide - murder, manslaughter, vehicular manslaughter by a drunk driver).
MOLEST / SEXUAL BATTERY
Molest is a form of battery. It is the touching of a child for the purpose of sexual arousal. It is a personal injury as well as a crime. The injuries in this type of case are primarily psychological and long lasting. Molests are also difficult cases because the only witnesses are usually the victim and his/her molester and the acts occur over a period of time without being reported. Sexual battery can include rape or other acts where some form of penetration occurs. In addition to the obvious psychological injuries, there may be physical injuries as well.
CRIMINAL LAW (Some samples)
This charge refers to the unlawful possession of a controlled substance. Possession means having control of the substance. The controlled substance can be heroin, opiates (drugs made from heroin), cocaine, marijuana, PCP, LSD and methamphetamine or prescription narcotics ( vicadin, oxycotin) without a prescription. Possession can be for personal use by the defendant or for sales. These crimes are found in the Health and Safety Code, usually sections 11377, 11378, 11350, 11351, 11351.5 and 11357.
This is a general term. All of the code sections which prohibit the unlawful sales of narcotics also prohibit transportation, giving it to some other person or administering it (put the heroin in a syringe which is put in some body's arm). The penalties for sales, etc. are more severe than for possession. Also, like possession for sales, a prior conviction for one of these offenses can be used to increase a sentence for a second conviction.
Generally this offense refers to making methamphetamine.
There are the obvious crimes. Rape, sodomy and oral copulation. There is also unlawful intercourse. There are too many ways and means of human interaction which can result in these charges being alleged for any general discussion here.
Robbery - the taking of property lawfully possessed by some other person by force or by fear. This is a violent felony known as a "strike". Credits are severely reduced. The charge is also frequently linked with enhancements which can substantially increase a defendants sentence. A gun can increase the sentence from 3 to life depending on how it was used.
Kidnapping - the movement of another person against their will. This charge can be an enhancement to increase a robbery sentence or a reason for the prosecution to seek the death penalty.
Burglary - is the entry in to a structure to commit a theft or some felony. There are two types of burglary. If the structure is a business, unoccupied or a car, it is second degree. If the structure is used as a residence, even if no one is presently in it, it is first degree.
Theft - there are several types of actions which can be called theft. Embezzlement – taking the company's money. Fraud - telling a lie to get someone to give the liar money.
Stealing/shop lifting - walking out of the store with the candy bar and not paying for it.
Homicide - the killing of a human being. Murder is an unlawful killing. It can be in the first or second degree. Manslaughter is also a killing but without malice and can be voluntary, involuntary or vehicular. There is not enough space available here to discuss the difference in these charges.
Carjacking - is a robbery that is limited to vehicles. The penalties are also increased.
Gangs - is the participation in a street gang with the intent to promote it. It is also the commission of a crime with the specific intent to , among other thing, benefit the gang or committing the crime with a gang member. These are very hard allegations to defend.
B.H - Mr Hudson got me found not guilty of two robberies where the cops found my ID in the parking lot and some gang charges.
R.S. My motorcycle accident was handled by Mr. Hudson. I received a substantial six figure settlement. Everything he said would happen, happened when he said it would.