Sentencing Alternatives: Sober Living Environments by Darren Kavinoky Sentencing Alternatives: Sober Living Environments Sober living environments are a way for the DUI offender to avoid being incarcerated. Where a person has had multiple DUIs, or has a drug or alcohol problem that has not responded to past attempts at treatment, then sober living may be the best rehabilitative means of any of the other alternative sentencing options. The basic structure of a sober living environment involves the housing of only sober people, for both men and women. All res ... Indecent Exposure by Darren Kavinoky Indecent Exposure California Penal Code Section 314 defines indecent exposure and the punishment. Section 314 reads in part: “Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, 2. Procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of hi ... Intro to Sex Crimes by Darren Kavinoky Intro Sex crimes are punished harshly in California. The resulting convictions may result in having misdemeanors and felonies on a person¡¦s criminal record. Punishments range from incarceration in county jail up to one year to imprisonment in the state prison. In addition, monetary fines may end up being as much as $10,000. Many sex crimes result in a lifetime registration requirement as a sex offender. Section 290 of the California Penal Code requires people convicted of certain sexu ... Lewd Act with a Child under 14 by Darren Kavinoky Lewd Act with a Child under 14 A lewd or lascivious act is defines as any touching of the body of a child under the age of 14 years with the specific intent to arouse, appeal to, or gratify the sexual desires of either party. The touching can be against bare skin, or on top of clothing. California Penal Code Section 288 defines what a lewd act with a child under 14 comprises, reading in part: (a) Any person who willfully and lewdly commits any lewd or lascivious act, including any of t ... Oral Copulation by Darren Kavinoky Oral Copulation Oral copulation refers to the act of touching the mouth of one person with another person’s sexual organ or anus. The definitions of oral and copulation are: “oral Author's Biography: ... Pimping/Pandering by Darren Kavinoky Pimping/Pandering Prostitution is related to ¡§pandering,¡¨ which means to procure another person for the purpose of prostitution. The following activities constitute pandering: „X Procuring another person for the purpose of prostitution. „X Inducing, persuading, or encouraging another person to become a prostitute using promises, threats, violence, or by any device or scheme. „X Arranging for a prostitute to stay in a house of prostitution for the purposes of plying the trade of prosti ... Prostitution by Darren Kavinoky Prostitution Prostitution is illegal in California. Prostitution means to engage in sexual conduct for money or other consideration. A conviction for prostitution is a misdemeanor, resulting in a conviction for disorderly conduct. California Penal Code Section 647 (b) states in part: ¡§A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer ... Rape by Darren Kavinoky Rape Rape is defined in California Penal Code Section 261 as an act of sexual intercourse (actual penetration of a woman’s vagina with the man’s penis) with someone other than a spouse, carried out without consent and accomplished through force, threat of violence or intimidation. Consent is a key factor in a rape case and is a defense to a charge of forcible rape because if the accused could reasonably have believed the victim was consenting, there is no forcible rape. In sex crime cases, C ... Sexual Battery by Darren Kavinoky Sexual Battery Sexual battery is defined in California Penal Code Section 243.4(a), which reads in part: “Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery.” Sexual battery is a wobbler, meaning it may be charged either by impriso ... Sodomy by Darren Kavinoky Sodomy Sodomy refers to anal copulation by a man inserting his penis into the anus of another man or a woman. If accomplished by force, without consent or with someone incapable of consent, sodomy is a felony in the same way that rape is. California defines consent as Author's Biography: ... Solicitation of Prostitution by Darren Kavinoky Solicitation of Prostitution Solicitation of prostitution refers to a person trying to obtain lewd conduct from another person. Solicitation to engage in lewd conduct requires specific intent to engage in that conduct. Specific intent is that intent where the person specifically seeks the end result. In a prostitution case, the end result is engaging in lewd conduct. Lewd conduct refers to the specific intent to sexually arouse, gratify, annoy or offend by soliciting someone to engage in ... Statutory Rape by Darren Kavinoky Statutory Rape Statutory Rape laws are based on the premise that until a person reaches a certain age, that individual is legally incapable of consenting to sexual intercourse. Thus, it is a crime for an adult to have sexual intercourse with a person under the legal age of consent, which is 18 years of age. California¡¦s statutory rape law is found in Penal Code Section 261.5. California has begun a concerted effort to use its statutory rape laws as a means of reducing pregnancies and birt ... Using Megan¡¦s Law Information to Commit a Felony by Darren Kavinoky Using Megan¡¦s Law Information to Commit a Felony Megan¡¦s Law allows law enforcement agencies to collect information about sex offenders, notifying the public about sex offender¡¦s who pose a risk to the public. The California Department of Justice (DOJ) maintains the registered sex offender database. Pursuant to California Penal Code Section 290, persons convicted of specified sex crimes are required to register as sex offenders with a local law enforcement agency. Prior to their rele ... Who is Required to Register under Megan’s Law by Darren Kavinoky Who is Required to Register under Megan’s Law The following persons are required to register, according to California Penal Code Section 290: (1) any person who, since July 1, 1944, has been or is convicted in any court in California or in any federal or military court of: (a) kidnapping, regardless of whether or not a ransom is demanded, to commit rape, sodomy, lewd or lascivious acts, or oral copulation; (b) assault to commit rape, sodomy, or oral copulation; (c) sexual battery; ... Suppression Motions by Darren Kavinoky Suppression Motions Suppression motions are a valuable tool in a DUI case because when evidence can be excluded, the prosecutor’s case is weakened. Suppression follows the rule of law that evidence secured by illegal means and in bad faith cannot be introduced in a criminal trial. The technical term is that it is Author's Biography: ... Burglary by Darren Kavinoky Burglary Burglary is the crime of breaking and entering into a structure for the purpose of committing a crime. Contrary to what most people believe, a burglary need not necessarily involve theft. Burglary applies to any crime, such as assault or sexual harassment, whether the intended criminal act is committed or not. No great force is needed (pushing open a door or slipping through an open window is sufficient) if the entry is unauthorized. Burglary is divided into degrees. Burglary ... Embezzlement by Darren Kavinoky Embezzlement Embezzlement is the crime of stealing funds of property of an employer, company, or government. It may also mean money or assets held in a trust account. It is the illegal transfer or money, or property, which is diverted from the employer to the embezzler. The fraudulent intent required for embezzlement is the intent to deprive the owner of the property or where the property is diverted to the embezzler’s own use. Even where a person intended to eventually return the propert ... Extortion by Darren Kavinoky Extortion Extortion is the act of obtaining money or property from a victim by threatening, intimidating, or by false claim of right. An example of false claim of right may be where a person impersonates an official government official, like an IRS agent. Extortion takes several different forms, such as that of blackmail, where a victim is threatened with the exposure of embarrassing information to family, friend, and their community. Extortion also occurs where someone entrusted to deli ... Forgery by Darren Kavinoky Forgery Forgery is the crime of creating a false document, altering a document, or writing a false signature for the illegal benefit of the person making the forgery. This includes improperly filling in a blank document, like an automobile purchase contract, over a buyer's signature, with the terms different from those agreed. Forgery may be classified as a misdemeanor or felony. This type of classification system is termed as being a ¡§wobbler.¡¨ A wobbler is punishable by either imp ... Fraud by Darren Kavinoky Fraud Fraud is generally defined as the intentional use of deceit, a trick or some dishonest means to deprive another of his/her/its money, property or a legal right. Quite often there are several persons involved in a scheme to commit fraud and each and all may be punished criminally. There are several different types of fraud. Constructive fraud can be proved by a showing of breach of legal duty, like using the trust funds held for another in an investment in one's own business without d ... Grand Theft by Darren Kavinoky Grand Theft Grand theft involves the theft of goods or services valued above $400 and may be charged as either a felony or a misdemeanor. A misdemeanor is punishable by imprisonment in the county jail for up to one year. A felony is punishable by imprisonment in the state prison. Generally, grand theft is usually punishable up to one year in the county jail or a maximum sentence of 16 months, 2, or 3 years in state prison. If the theft of property is taken from the person of another, ... Grand Theft Auto by Darren Kavinoky Grand Theft Auto Grand theft of an automobile occurs when someone takes another person¡¦s car without permission, with the intent to permanently deprive them of it. Grand theft requires that the property stolen have a value over $400. Grand theft auto is a felony, punishable with imprisonment in the state prison for 16 months, 2, or 3 years. Grand Theft is defined in California Penal Code Section 487. In order to convict for grand theft auto the following case must be proven, accordin ... Identity Theft by Darren Kavinoky Identity Theft Identity theft is one of the fastest growing crimes in America. Victims come from all walks of life - from everyday people to celebrities. Identity theft involves acquiring key pieces of someone's identifying information, such as name, address, and date of birth, bank account numbers, health insurance identification number, social security number and mother's maiden name, in order to impersonate them. This information enables the identity thief to commit numerous forms of frau ... Intro to Theft Crimes by Intro to Theft Crimes Intro Theft crimes encompass a number of different crimes. Essentially, theft is the taking of another¡¦s property without their consent, with the intention to permanently deprive them of it. Theft crimes generally require specific intent. Specific intent means that the person accused of theft specifically intended the result of the crime¡Xnamely taking property with the intent to permanently deprive. In order to be convicted of any crime, the prosecution must prove that the defendant¡¦ ... Petty Theft, and Petty Theft with Prior by Darren Kavinoky Petty Theft, and Petty Theft with Prior Theft is the act of stealing goods. Petty theft involves stealing goods or services worth $400 or less and is charged as a misdemeanor for first time offenses. Where the value of goods stolen is less than $50, the misdemeanor may be reduced to an infraction. Where there is a conviction for a subsequent petty theft, that offense is a felony petty theft. A misdemeanor is an offense punishable by a maximum of one year in county jail. An infracti ... | ||||||
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