Criminal Defense

Assault & Battery

Assault

Assault and battery are two separate crimes. Depending on the situation, assault and battery can be charged as misdemeanors or as felonies. Simple assault under California Penal Code Section 240, is defined as an unlawful attempt, coupled with present ability, to commit a violent injury on the person of another. Simple assault does not necessarily involve physical contact with the alleged victim. You can be charged with assault even if you did not touch the victim, but the prosecutor must prove that you engaged in some act that would likely cause force to be used against the alleged victim. An example would be throwing an object at a person in a threatening manner. This would be considered assault even though there was no physical contact.

More aggravated forms of assault are typically charged as felonies and include assault with a deadly weapon, or firearm or by means of force likely to produce great bodily injury. If you drive your car toward someone in an attempt to strike them, but never make contact with the person, that act would qualify as an assault with a deadly weapon. This is because you are using your vehicle as a deadly weapon in order to strike the person with it. The punishment for felony-level assault can range from 2, 3, or 4 years and in some cases (assault with a machine gun) up to 12 years in state prison.

Battery

Simple battery under California Penal Code Section 242 is defined as any willful and unlawful use of force or violence upon the person of another. You can still be charged with simple battery if you did not cause injury or actual pain to the other person. Simple battery is a misdemeanor and is punishable by up to 6 months in jail and a fine of up to $1000.

If the crime of battery leads to a serious bodily injury as a result of the force you used on the alleged victim, you may be charged with a violation of Penal Code Section 243(d) as a felony, which is battery causing serious bodily injury. Serious bodily injury includes, among other injuries, loss of consciousness, bone fracture, a prolonged loss, or impairment of a function of any bodily member or organ. If you are charged with a felony violation of Penal Code Section 243(d), you may be facing 2, 3 or 4 years in jail. An enhancement for great bodily injury under Penal Code Section 12022.7 may be added to increase your jail time by 3 to 6 years and a fine of up to $10,000.

If you have been arrested for or charged with any assaultive crimes, it is critical to get the help of an experienced attorney immediately. Call Knight Law, an experienced criminal defense attorney in San Jose, now for a free case evaluation at 408-877-6177.

Burglary & Theft

Burglary

In California, burglary is defined as entering a building, structure, or locked vehicle with the intent to commit grand or petit larceny (theft) or any felony. Burglary can be charged as either first-degree burglary (residential burglary) or second-degree burglary (commercial burglary) under Penal Code Section 459. First-degree burglary is a felony punishable by 2, 4 or 6 years in prison, while second-degree burglary is a “wobbler” offense, which means it can be charged as either a misdemeanor or felony depending on the circumstances of the case. If it is charged as a felony, a second-degree burglary is punishable by a sentencing range of 16 months, 2 or 3 years in jail.

One of the requirements for a burglary charge is “entry” into the vehicle, structure, or residence. The crime of burglary is complete once you enter the structure with the intent to commit theft or any felony, even if you do not end up committing theft or the felony once you are inside the structure. An example of burglary is when you break into a house with the intent to steal the owner’s jewelry. If the owners are inside the house at the time of the entry, the conviction for first degree burglary may lead to a violent strike offense on your record under Penal Code Section 667.5(c)(21).

Defenses to Burglary Charges

The fact that a criminal charge has been filed against you is not evidence that the charge is true. You are presumed to be innocent, which requires the prosecution to prove that you are guilty of burglary beyond a reasonable doubt. Reasonable doubt is a high standard. It is defined as “proof that leaves a jury with an abiding conviction that the charge is true.” If you are charged with burglary, the prosecution will be required to prove all the elements listed in California Criminal Jury Instruction 1700 beyond a reasonable doubt.

You can fight the burglary charges by showing:

1. Lack of intent: One of the elements of burglary is intent to commit a felony or theft at the time of entering the property. If you can show that you did not have the intent to commit a crime when you entered the property, you may be able to defend against the charges.

2. Mistaken identity: If you were wrongly identified as the perpetrator of the burglary, you can argue that you were not the person who committed the crime.

3. Consent: If you had permission to enter the property or believed you had permission to enter, you may be able to use this as a defense.

4. Insufficient evidence: If there is not enough evidence to prove that you committed the burglary beyond a reasonable doubt, you may be able to argue that the prosecution has not met their burden of proof.

Theft

Unlike burglary, theft (also called larceny) does not have to involve entry into a building. To prove the charge of theft against you, the prosecutor must establish that you had the intent to steal, i.e. to permanently take or withhold the property owner’s possession or right to the property.

There are two types of theft under California law – petty theft under Penal Code Section 484(a) and grand theft under Penal Code Section 487, depending on the value of the stolen items. If the value of the stolen property is less than $950, you could be charged with petty theft, which is a misdemeanor. Grand theft is charged when the value of the alleged stolen property is more than $950. Grand theft is a “wobbler,” which means it can be charged either as a felony or a misdemeanor. Penalties for petty theft may include probation, up to 1 year in county jail and a fine of $1000. If charged as a felony, grand theft will expose you to up to 3 years in county jail with a fine of up to $10,000.

In addition to the defenses of lack of intent, mistaken identify, consent and insufficient evidence, you may be able to fight back against a theft charge by showing that you honestly believed you had a legal claim to the property, either explicitly or implicitly. You can also argue that you were forced or threatened into committing the theft by someone else and you had no other choice but to comply.

Call Knight Law Now For a Free Case Evaluation

If you have been charged with theft or burglary, it is critical to work with an attorney who has experience in defending against these types of charges. Call Knight Law now at 408-877-6177 for a free case evaluation. We will help you discuss your options and customize a defense strategy. Depending on your case, we may be able to obtain a pretrial diversion, or an alternative to prosecution.

Civil Restraining Orders

A civil restraining order in California is a court order that is designed to protect you from harassment, violence, or threats from another individual. There are different types of restraining orders that can be issued, including domestic violence restraining orders (also known as emergency protective orders or criminal protective orders), civil harassment restraining orders, workplace violence restraining orders, elder or dependent adult abuse restraining orders and gun violence restraining orders.

To obtain a restraining order in California, you, as the individual seeking protection (the petitioner) must file a petition with the court. You must provide details about the alleged abuse or harassment and explain to the judge why you are seeking protection. If the court finds that there is enough evidence to support the request and is persuaded, the court may issue a temporary restraining order. The court will usually schedule a subsequent hearing to determine if a permanent restraining order should be granted.

If a restraining order is granted, the individual named in the order will be prohibited from contacting or coming near you or the protected party. If the restrained individual violates the restraining order, that individual may be charged with a criminal offense which can result in fines, jail time, or other penalties.

The process for obtaining a restraining order and the requirements for filing can vary depending on the specific circumstances of the case. If you are seeking a restraining order against another individual or if someone is seeking a restraining order against you, you need an experienced attorney who can help you navigate this process and protect your rights. Contact Knight Law at 408-877-6177 for a free case evaluation on your restraining order situation. At Knight Law, we have extensive experience with restraining orders and will advocate zealously for your rights in court.

Domestic Violence

Facing domestic violence charges in San Jose can severely impact your career and future. Knight Law, led by former prosecutor Nana Knight, offers a strategic defense to protect your rights. With deep knowledge of California’s Penal Code 273.5 and extensive experience in domestic violence cases, we challenge evidence, negotiate outcomes, and work to preserve your livelihood. Don’t let these charges define your future. Call Knight Law for a free case evaluation and fight for a fair resolution.

Driving Under The Influence of Alcohol or Drugs (DUI) Defense

In San Jose, a DUI charge can have severe consequences, especially for professionals in Silicon Valley. California law prohibits driving with a BAC of 0.08% or higher or under the influence of alcohol or drugs. DUI penalties include fines, license suspension, jail time, and increased insurance premiums. For professionals like IT specialists, doctors, and engineers, a conviction may also lead to the loss of professional licenses or employment. Defending against a DUI requires challenging the evidence and procedures used in the case. Nana Knight, a former prosecutor, provides expert DUI defense tailored to protect your future. Call (408) 877-6177 for a free case evaluation.

Drug Offenses

In California, drug offenses are charged as California Health and Safety Code violations. Drug offenses include possession of a controlled substance, such as cocaine, heroin, methamphetamine, or prescription drugs without a valid prescription. Additionally, a person can be charged with a drug offense if they are found to be transporting, selling, or distributing drugs, manufacturing drugs, trafficking drugs, or driving under the influence of drugs. The severity of the charges and potential penalties will depend on what the person was doing with the drugs, including the type and the amount of drugs involved, and the individual’s criminal history.

Types of Drug Charges

Typical drug charges in the California Penal Code include:

• Possession of a controlled substance (Health and Safety Code 11350)
• Possession for sale of a controlled substance (Health and Safety Codes 11378 11351)
• Sale or transportation of a controlled substance (Health and Safety Code 11352)
• Manufacture of a controlled substance (Health and Safety Code 11379)
• Possession of drug paraphernalia (Health and Safety Code 11364)
• Drug trafficking (Health and Safety Code 11379.6)

Possession of An Operable Gun and Drugs

If you were in possession of an operable firearm, you can also be charged with possession of a controlled substance while armed pursuant to Health and Safety Code 11370.1(a). This charge carries a prison term of 2, 3 or 4 years and is not a “wobbler” offense that can be reduced to a misdemeanor. Additionally, a conviction under Health and Safety Code section 11370.1(a) is not eligible for diversion or deferred entry of judgment.

What Are Some Defense Strategies Against Drug Crimes?

There are several potential defense strategies that can be used to fight drug charges in California. Some of these strategies may include:

1. Challenging the legality of the search and seizure: If law enforcement officers obtained evidence through an illegal search or seizure, the evidence may be suppressed, and the charges could be dismissed. Your attorney may file a motion pursuant to Penal Code section 1538.5 and challenge the search based on a violation of your Fourth Amendment rights. If law enforcement officers did not have probable cause to arrest you, the charges against you may be dismissed.

2. Lack of possession: If you were not in actual or constructive possession of the drugs, you may be able to argue that you were not responsible for the drugs. Actual possession of drugs means law enforcement found the drugs on you, like in your pocket. Constructive possession is alleged when law enforcement finds drugs in your general area, such as the glove compartment in a car where you are sitting as the front seat passenger.

3. Lack of knowledge or intent: You may be able to argue that you were not aware that the drugs were in your possession or control. You can also argue that you had no intent to sell or distribute.

4. Entrapment: If law enforcement officers induced you to commit a drug-related crime that you would not have otherwise committed, you may be able to argue entrapment.

5. Insufficient evidence: If the prosecution does not have enough evidence or the jury is not convinced that the charges against you are true beyond a reasonable doubt, the charges may be dismissed or you may be acquitted.

Call Knight Law for a Free Case Evaluation

Call Nana Knight at Knight Law 408-877-6177. Nana Knight is an experienced trial and criminal defense attorney who can review the specifics of your case and develop a strong defense strategy tailored to your individual circumstances.

Expungements

Expungement under Penal Code 1203.4 is a powerful tool to dismiss past criminal convictions and open doors to better job and housing opportunities. Whether it’s a misdemeanor or a felony reduced to a misdemeanor, clearing your record can help you legally say “no” to conviction questions from employers. While certain serious crimes are ineligible, most convictions can be updated to show dismissal, freeing you from many penalties. Ready to clear your record and move forward? Contact Nana Knight at Knight Law today for a free consultation. Call 408-877-6177 and take control of your future now!

Fraud

Fraud is a serious crime in California that can result in steep fines and possible jail time. Some common types of fraud in California include identity theft, credit card fraud, insurance fraud, and real estate fraud.

Fraud and theft are sometimes charged together under various sections of the California Penal Code, including:

1. Penal Code section 484: This section covers theft crimes, including various forms of fraud such as theft by embezzlement, credit card fraud, and identity theft. Under Penal Code sections 484e, 484f, 484g, 484h, 484i and 484j it is unlawful to commit various forms of credit card fraud. For example, Penal Code section 484g makes it a crime to use a fake, forged, or expired credit card or a card belonging to another person. Using a fake credit card is an offense that may be charged as a misdemeanor or felony, depending on whether the value of the items stolen exceeds $950. Similarly, the possession of stolen credit cards under Penal Code section 484e is a “wobbler” offense that may be charged either a felony or a misdemeanor with a potential jail sentence of 3 years if charged as a felony.

2. Penal Code section 487: This section covers grand theft, which includes theft of money, labor, real property, and personal property valued $950 or more. Fraudulent schemes to obtain property can fall under this section. A felony grand theft conviction is punishable by 16 months, or 2 or 3 years in jail and a fine of up to $5000.

3. Penal Code section 532: This section captures false pretenses and fraud, making it a common charge for cases involving fraudulent schemes or scams. False pretense may involve providing false statements, omitting important information or making promises one does not intend to honor, in order to obtain property from someone else. An example would be a jeweler trying to sell a purportedly authentic Rolex, but the Rolex is fake and the jeweler knows it and is trying to take advantage of the buyer who is unaware.

4. Penal Code section 550: This section covers health care fraud, including insurance fraud related to medical services or treatments. Knowingly presenting any false or fraudulent claim for the payment of a loss or some injury including claiming a loss under a contract of insurance is typically charged under this section. The punishment for a violation of this section includes imprisonment for 2, 3 or 5 years and a fine of up to $50,000.

5. Penal Code section 532a: This section covers various forms of financial fraud, including check fraud and schemes to defraud. This section includes making a false statement in writing with the intent that the other person rely on it regarding the financial condition or the ability to pay. For example, when you falsify information to convince another company or person to give you money, a loan or credit, this is a form of fraud chargeable under Penal Code section 532a. The prosecution must prove that you knowingly made a false statement and the statement involved a false material fact, such as your income, assets, or liabilities. Offenses under this penal code section are considered “wobblers,” which means they may be prosecuted either as a misdemeanor or felony. A felony includes up to $5000 in fines and up to 3 years in prison. A misdemeanor is punishable by up to 6 months in jail and a fine of up to $1000.

Prosecutors will typically choose the most relevant Penal Code section based on the specific circumstances of the fraud case. It is important to consult with a criminal defense attorney who is a Board-certified criminal law specialist such as Nana Knight with substantial experience dealing with fraud crimes. At Knight Law, we can help you navigate the legal process and build a strong defense.

How Can I Defend Against Charges of Fraud?

It is important to know that some common defenses against fraud charges in California include:

1. Lack of intent: In order to be convicted of fraud, the prosecution must prove that you intended to deceive someone for financial gain. If you can demonstrate that you did not have the intent to defraud, you may be able to avoid a conviction. You can negate the intent by showing that the other person gave you permission to use their credit card, for example.

2. Lack of knowledge: If you were not aware that the information you were providing was false or misleading, you may be able to argue that you did not commit fraud.

3. Mistaken identity: If you are mistakenly accused of fraud, you can present evidence showing that you were not the person who committed the fraudulent act.

4. Duress: If you were under duress or coercion when committing the fraudulent act, you may be able to use this as a defense in court.

5. Insufficient evidence: If the prosecution does not have enough evidence to prove that you committed fraud beyond a reasonable doubt, which is a high standard, you may be able to have the charges against you dismissed or be acquitted at trial.

Fraud is a Crime of Moral Turpitude

Crimes of fraud, including theft charges under Penal Code section 484(a), are considered crimes involving moral turpitude. Crimes involving moral turpitude are crimes that are considered to be morally wrong, unethical, show propensity to do evil or involve deceit. Crimes involving moral turpitude have immigration consequences for non-U.S. citizens. A conviction for fraud may adversely affect your immigration status, leading to deportation in certain situations, including denial of re-entry to the United States. Crimes of moral turpitude may also affect your professional license if you are a doctor, lawyer, teacher, or a nurse, and result in a disciplinary action by your licensing agency (Board, Commission, etc.).

Call Knight Law Now for a Free Case Evaluation

Contact Knight Law to determine the best defense strategy for your specific fraud case. There may be defenses available that can be explored to maximize the change of getting the best outcome in your case. But you have to act quick. Call Knight Law now at 408-877-6177 to get help.

Gang Crimes

The STEP Act

The legislature in California has historically recognized gang violence as a problem. To combat the violence, the legislature passed the Street Terrorism Enforcement and Prevention Act (STEP Act) in 1988, which was codified in section 186.22 of the California Penal Code. The objective of the STEP Act was to eradicate criminal gang activity. To that end, the STEP Act imposed sentencing enhancements for gang related crimes and allowed prosecutors to add the gang sentencing enhancements to any charged felony, if the felony was committed for the benefit of a criminal street gang. The STEP Act also created a substantive crime of “active participation in any criminal street gang” under Penal Code section 186.22(a). The liberal charging and prosecution of gang crimes and gang enhancements eventually led to mass incarceration, with many policymakers noting their disproportionate impact on people of color.

New Gang Laws – AB 333

In January 2022, realizing the disparate adverse impact that gang laws were causing to communities of color, the legislature scaled back on the state’s gang laws by enacting Assembly Bill (AB) 333, which made it more difficult for prosecutors to prove gang crimes. The legislature declared that the “current gang enhancement statutes criminalize entire neighborhoods historically impacted by poverty, racial inequality and mass incarceration as they punish people based on their cultural identity, who they know, and where they live.” 
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB333

Under AB 333, gang enhancements under Penal Code section 186.22 still require that the crime be committed for “the benefit of, at the direction of or in association with any criminal street gang.” However, Penal Code section 186.22(f) has now been modified to define “criminal street gang” as “an ongoing organized association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the [enumerated] criminal acts, having a common name, or common identifying sign or symbol, and whose members collectively engage in or have engaged in a pattern of criminal gang activity.” Among other things, the modification requires an “organized association” and also requires proof of “collective engagement” in a pattern of criminal gang activity.

Commonly Charged Gang Crimes

Some common gang charges in California include:

1. Participation in a criminal street gang under Penal Code section 186.22(a): Individuals can be charged with this offense as a felony or a misdemeanor if they are found to be actively participating in a criminal street gang. The punishment for a felony charge of Penal Code section 186.22(a) carries a sentence of sixteen months, or 2 or 3 years in state prison.

2. Gang enhancements under Penal Code section 186.22(b): In addition to the underlying criminal charges, individuals can face additional penalties if it is determined that the crime was committed for the benefit of, in association with, or at the direction of a criminal street gang with the specific intent to promote, further, or assist in criminal conduct by gang members. Enhancements under Penal Code section 186.22(b)(1)(A) through (C) carry an additional punishment of up to 10 years.

3. Conspiracy to commit a crime for the benefit of a gang under Penal Code section 182.5: Individuals can be charged with conspiracy if they are found to have planned or agreed to commit a crime in furtherance of a gang’s interests. Under this section the prosecution must prove that the person had knowledge that the members of the criminal street gang engage in a pattern of criminal gang activity.

4. Other Gang-related crimes: Individuals can face specific charges for crimes committed as part of gang activity, such as drive-by shootings, drug trafficking, or extortion.

How Does Prosecution Prove Gang Charges?

In order to convict an individual of gang-related crimes or gang enhancements, the prosecution needs to prove certain elements beyond a reasonable doubt. The specific elements required for gang charges may vary depending on the exact charge being pursued, but some common elements that the prosecution must generally establish include:

1. Gang affiliation: The prosecution may be able demonstrate that the accused is an active member or participant of a criminal street gang. This can be proven through evidence such as gang tattoos, clothing, social media posts, photographs, or witness testimony linking the individual to the gang.

2. Criminal intent: The prosecution needs to show that the accused had a specific intent to commit a crime for the benefit of, in association with, or at the direction of the gang. The intent may be inferred from the circumstances of the crime and the accused’s actions or statements.

3. Gang-related motive: For gang enhancements, the prosecution must establish that the crime was committed in furtherance of the gang’s interests. This can include evidence of the gang’s reason or direction in the crime. An example would be an allegation that the alleged gang member attacked an alleged rival gang member.

4. Corroboration: In some cases, the prosecution may need corroborating evidence to support the gang-related charges, such as witness testimony, gang documentation, surveillance footage, digital evidence, text messages, social media postings or other forensic evidence linking the accused to the crime.

5. Knowledge: The prosecution may need to demonstrate that the accused had knowledge of the gang’s criminal activities and intended to further those activities through their actions.

California law enforcement agencies take gang-related crimes seriously, and prosecutors often seek to use gang enhancements and charges to increase penalties for individuals involved in gang activity. It is important for individuals facing gang charges to seek legal representation from an experienced criminal defense firm, such as Knight Law, to protect their rights and explore potential defenses.

Defenses to Gang Crimes

Depending on your case, defense strategies against gang charges may involve the following:

1. Challenging gang affiliation: The prosecution must prove that you are an active member of a criminal street gang. A defense can include challenging the evidence of gang affiliation, such as witness testimony or gang-related tattoos, to cast doubt on the prosecution’s case.

2. Lack of involvement in criminal activity: If you were not directly involved in the alleged criminal activity, it could be argued that they should not be held responsible for crimes committed by other members of the gang.

3. Insufficient evidence: An experienced attorney in gang crimes can challenge the prosecution’s evidence, including witness testimony, forensic evidence, and surveillance footage, to show that there is not enough proof to establish your guilt beyond a reasonable doubt.

4. Constitutional violations: If law enforcement officers violated your constitutional rights during the investigation or arrest, such as conducting an illegal search or coercing a confession, a potential defense could involve suppression of the tainted evidence.

5. Negotiating plea agreements: In some cases, it may be in your best interest to protect yourself with a plea and negotiate an agreement with the prosecution to reduce the charges or penalties in exchange for a guilty plea.

Call Knight Law (408) 877-6177 Now For A Free Case Evaluation

It is crucial for individuals facing gang charges in San Jose, San Mateo, Santa Cruz and the Greater Bay Area to seek the guidance of a knowledgeable, and skilled attorney. California State Bar Board-certified criminal defense attorney Nana Knight at Knight Law has extensive experience handling gang-related crimes. She will review the details of the case, advise on the best defense strategy, and work to achieve the best possible outcome for you and your case.

Gun Violence Restraining Orders (GVROs)

GVROs are orders issued by a judge that take away a person’s right to own, possess or use firearms. GVROs are issued when family members, law enforcement, or other concerned individuals petition a court to temporarily remove firearms from a person who is deemed to be a threat to themselves or others. The goal of GVROs is to prevent potential gun violence by addressing warning signs and intervening before a potential tragedy occurs. GVROs may be issued and be in effect for several years. A judge may issue a GVRO when there is evidence that the individual poses a risk of violence due to mental illness, substance abuse, domestic violence, or other concerning behaviors.

If a GVRO is granted against you, you must surrender your firearms and ammunition to law enforcement. You will be prohibited from purchasing or possessing firearms for a specified period of time. If there is a petition against you to take away your guns based on a GVRO, it is important to contact an experienced attorney to handle this matter for you.

Nana Knight is an experienced litigator with experience handling GVROs in court. Effective legal representation for GVROs is important because it is very difficult for a person without representation to navigate the complex legal processes and requirements of GVROs.

Having the right lawyer represent you in the GVRO process and advocate for you can help ensure that your rights are protected and that the legal requirements are met. A lawyer can assist you in gathering evidence, preparing the petition, advocating for your case in court, and navigating any legal challenges that may arise.

If you are looking for an experienced gun violence restraining order (GVRO) attorney in San Jose and the greater Bay Area, call Knight Law at 408- 877-6177 now for a free case evaluation and strategy session. At Knight Law, we have extensive experience in handling gun cases and we will ensure you get the best possible representation for your rights in a GVRO hearing in San Jose and the greater Bay Area. Nana Knight handled GVRO cases for the City of San Jose and has insider information on the GVRO process. Call Knight Law at 408-877-6177 now to help ensure the protection of your rights in your GVRO case.

Homicide/Murder

Murder is the most serious offense you can be charged with. It is extremely frightening and stressful to be accused of killing another person. If you are charged with murder, you are facing life in prison.

When you have been arrested or charged with murder, you may be tempted to give your “side of the story” and talk about the incident with others. No matter how tempting this is, it is critical you remain silent. Anything you say may be used against you. When you are being investigated or have been arrested for murder, or manslaughter or if you have been booked in jail for any homicide crime, protect yourself by doing the following:

Do not speak to the police or the prosecution and do not speak to the victim’s family, friends, colleagues, neighbors about the facts of your case. It is important that you not discuss details with anyone, even with your family members and avoid making any statements over jail communications system. The prosecution can and will use your statements against you and is probably working behind the scenes to gather evidence against you or convict you.

The best decision you can make when you are being investigated, arrested, or charged with any homicide crime is to retain a Board-certified criminal law attorney, with extensive experience handling murder cases. Knight Law is a San Jose and Bay Area criminal defense firm founded by a former prosecutor. At Knight Law, we have extensive experience handling murder cases and are ready to defend you and provide you with the information, and effective representation you need to deal with your case.

Murder Laws

The law of homicide in California defines murder as the “unlawful killing of a human being or a fetus with malice aforethought.” Homicide crimes can be divided into murder and manslaughter.

Murder under Penal Code section 187(a) is further classified into First and Second Degree. First Degree Murder includes all premediated, deliberate, and willful killings, including felony murder, where murder is alleged during the commission of a felony such as rape, robbery, carjacking or some other serious crime. The punishment for First-Degree Murder is 25 years to life in prison. If it is alleged that the murder involved torture, lying in wait or other special circumstances, like active participation in a criminal street gang, then the sentencing options become even more severe and include life in prison without parole or even capital punishment. Second Degree Murder is murder without premeditation and the sentence carries a sentence of 15 years to life.

Manslaughter under Penal Code section 192(a) is considered less serious than murder. Manslaughter crimes include voluntary manslaughter, such as when it is unpremeditated, or induced by a sudden quarrel. It includes situations where the killing is the result of a heat-of-passion. Voluntary manslaughter is punishable by 3, 6, or 11 years in state prison. Involuntary murder includes unintended death caused by criminal negligence and it is not necessary for the prosecution to prove that you intended to kill the other person. Involuntary manslaughter is punishable by up to 4 years in state prison.

Manslaughter offenses also include vehicular manslaughter where the death occurs during or as a result of a car accident. Vehicular manslaughter rules are complex. For example, you may be charged with vehicular manslaughter if you are driving the vehicle in the commission of an unlawful act and with gross negligence. You may also be charged with vehicular manslaughter if you drive a vehicle in the commission of an unlawful act but without gross negligence. An example of a vehicular manslaughter includes a situation where a driver texts on his phone while driving and gets distracted and hits a pedestrian and kills her. The punishment for a felony vehicular manslaughter includes up to 6 years in state prison.

Defenses to Murder Charges

Common legal defenses to murder include but are not limited to:

• Self-defense or Defense of Another
• Sudden Quarrel or Heat of Passion
• Alibi
• Accident
• Illegal Search and Seizure: showing that the evidence underlying the murder charges was obtained as a result of an illegal search or seizure
• Mistaken Identification
• Third Party Culpability – showing that a third party was responsible for the murder
• Insanity
• Exercise of duty
• Failure by the prosecution to prove all the elements beyond a reasonable doubt, such as failure to prove your intent to kill

If you are being investigated or have been arrested and charged with murder in the San Jose/Bay area, you need a highly experienced criminal defense attorney. Nana Knight is a former prosecutor who has significant experience handling murder cases and is a specialist in criminal law. Get help by calling 408-877-6177. When you are facing murder charges, every minute counts. The sooner you call, the sooner you will get help.

Misdemeanors

There are three levels of crimes in California – infractions, misdemeanors, and felonies. An infraction is usually charged in traffic offenses. A felony offense is the most serious level of offense and carries higher penalties than a misdemeanor and an infraction. The main difference between a felony and a misdemeanor is the severity of the crime and also the fact that a misdemeanor carries a maximum sentence of not more than 1 year in county jail, including a fine of up to $1000. Unlike a felony crime, a misdemeanor is less severe and does not expose you to state prison.

Some common misdemeanor offenses in California include:

• Petty theft (shoplifting)
• DUI (driving under the influence)
• Vandalism
• Disorderly conduct
• Trespassing
• Drug possession (for personal use)
• Assault and battery
• Resisting arrest
• Reckless driving
• Possession of stolen property

It is important to note that each misdemeanor offense in California carries different penalties and consequences, depending on the circumstances of the case. Unlike felony convictions, if you are facing or have been convicted of a misdemeanor charge, some rights, such as the right to possess firearms, may be restored after the completion of a misdemeanor sentence.

What Are “Wobblers?”

Certain offenses under the California Penal Code are considered “wobblers,” which means the offense may be charged as a misdemeanor or a felony. A prosecutor normally has discretion to charge a “wobbler” offense as a misdemeanor or a felony. The decision on how your case is ultimately charged and filed may depend on the facts of the case, including the type of loss or injury to the alleged victim, your prior record, any prior convictions, and the evidentiary issues in your case.

Sometimes it is possible to move to reduce a “wobbler” charged as a felony to a misdemeanor under Penal Code section 17(b). A “17(b)” motion is a petition to the court to reduce the charged offense to a misdemeanor. This is only possible if the felony is a “wobbler,” meaning the offense could have either been charged as a misdemeanor or felony. A “17(b)” motion may be made by your attorney at the conclusion of a preliminary hearing, at a sentencing hearing, when felony probation is completed or when you are moving for a dismissal under Penal Code section 1203.4.

Misdemeanor Case Process

If you have been arrested for a misdemeanor offense, your case will likely proceed through arraignment, bail hearing, pretrial hearings, possible motions and jury or bench trial. Unlike a felony case, there are no preliminary hearings held in misdemeanor cases. Also, a significant number of misdemeanor cases do not end up in trial. Depending on what is right in your case, your defense lawyer could negotiate with the prosecutor to have your case dismissed or protect you with a plea bargain.

If you proceed to trial, it is important to have a skilled, and experienced trial attorney representing you. Having practices and conducted numerous trials in state and federal courts, Nana Knight is a true trial lawyer. As your advocate, she is committed to getting you the best outcome possible in your situation. Call Knight Law at 408-877-6177 for a free case evaluation.

Representation During Investigations

If you are a suspect in a criminal investigation, call Attorney Nana Knight immediately at (408) 877-6177.

In California, if you are under investigation by a law enforcement agency, anything you say can and will be used against you. Even if you think your statements are harmless, you may find yourself unwittingly providing incriminating statements to law enforcement. The law enforcement officers investigating you may use your statements to build a case against you. That is why it is critical that you speak with an attorney before you give any statements to the police, even if you think you are providing your “side of the story.” Contact Knight Law without delay at 408-877-6177. Your future may depend on this investigation.

What Will Happen If I Am Being Investigated?

When you are under investigation, you don’t necessarily know what evidence the investigators have against you or what they are looking for. You are likely at a disadvantage. Some people think they can talk their way out of a criminal investigation, but talking to law enforcement should happen only after you have had a chance to consult with an attorney. Lying to police is definitely a mistake and will make your situation worse. The best strategy is to exercise your constitutional right to remain silent and request to speak with an attorney. If this is you, contact Attorney Nana Knight at Knight Law right away at 408-877-6177.

Keep in mind that the law enforcement agency investigates the case and sends it to the prosecutor’s office to request the filing of charges. The assigned deputy district attorney will review the case, and determine if additional investigation is necessary. If the case proceeds to trial, the deputy district attorney will be required to prove the charges against you “beyond a reasonable doubt.”

It is important to remember that police officers and detectives are trained to obtain statements from suspects and cooperating with them or giving them your “side of the story” will not necessarily “get you off the hook.” By answering questions and volunteering statements during a police investigation, you are not only waiving your Fifth Amendment right to remain silent and be represented by an attorney, but you are potentially also making it easier for the charges to be filed and for the prosecution to prove its case against you. Without your statement or cooperation, it is possible the police may not have a case against you.

How Do I Choose the Right Attorney If I Am Being Investigated?

If you are being investigated or have been arrested and have been charged with a crime, you need to be informed and get experienced and aggressive representation immediately.

To increase your chances of prevailing and to best protect your rights, hire a defense attorney with extensive experience in representing individuals at all stages of a criminal investigation. A defense attorney who was a former prosecutor knows how the system works on the other side and can effectively protect your rights and advocate for your interests. A skilled, experienced, and responsive attorney will take immediate action to protect you by discussing the situation with you and going over all your options. Your attorney will likely advise not to volunteer information to law enforcement.
Call Knight Law now for a free strategy session on how to proceed.

• We will assess your situation and determine if it is a good idea for you to talk to law enforcement. We can start immediately preparing a defense to the potential charges and in some cases, even begin a dialogue with the investigator or the District Attorney’s Office in an attempt to settle the matter before it goes to court.
• We will inform law enforcement that you are represented by counsel, and that all communications with you must go through us to get to you. We can begin our own investigation by collecting documents and interviewing witnesses during the same time you are being investigated. We may provide the evidence we collect in our defense investigation and attempt to preempt any criminal charges against you.
• We may also negotiate with law enforcement for you to surrender yourself for the booking process, rather than face a public arrest or an arrest at a highly inconvenient time.
• We will assert all your rights Constitutional rights on your behalf including your 4th Amendment right to be free from unreasonable searches and seizures; your 5th Amendment right not to incriminate yourself (including your rights under Miranda), your 6th Amendment right to representation, confrontation, and speedy trial; and 8th Amendment right to bail.

The experienced San Jose & Bay Area criminal justice attorney Nana Knight at Knight Law can help protect your rights and intervene on your behalf before criminal charges are filed. As a former prosecutor, Nana Knight has significant experience working with law enforcement officers and overseeing criminal investigations. She is uniquely qualified to help you in your investigation because she knows the strategies and tactics that law enforcement uses to build a criminal case. Call Knight Law at (408) 877-6177 for a free case evaluation and get specific advice about your investigation.

Robbery

Under California Penal Code section 211, robbery is defined as the felonious taking of personal property in the possession of another, from his or her person or immediate presence, and against his or her will, accomplished by means of force or fear. To prove the crime of robbery against you, the prosecution must show that you committed theft by using force or fear. An example of robbery is when someone forcefully grabs a purse from another’s hand against their will and runs away with it, with the intent to permanently deprive that person of their purse.

Robbery is considered a violent felony offense in California and a robbery in the second degree carries a sentence range of 2, 3 or 5 years in state prison, a fine of up to $10,000, formal felony probation with search and seizure and other terms, including victim restitution.

How Can I Defend Against Charges of Robbery?

Defending against robbery charges typically involves a combination of legal strategies and arguments aimed at reducing or dismissing the charges. Some common defense strategies for robbery may include:

1. Lack of intent: your attorney could argue that you did not have the intent to commit the robbery. This could be due to mistaken identity, misunderstanding, or lack of knowledge that a crime was being committed or if you thought the property belonged to you. Your attorney may be able to focus on the elements of “force or fear” and argue that the theft was not accomplished by either “force or fear.”

2. Alibi: You may be able present evidence that you were elsewhere at the time of the alleged robbery, establishing an alibi.

3. Duress or coercion: You may be able to argue that you were forced or threatened by another person into committing the robbery and did so out of fear for your safety or the safety of others.

4. Insufficient evidence: Your attorney may challenge the prosecution’s evidence, such as witness testimony, surveillance footage, or physical evidence, or mistaken identification by pointing out inconsistencies or lack of credibility.

5. Violation of rights: Your attorney may challenge the legality of the police investigation, including the search or seizure of the potentially incriminating evidence. Your attorney may be able to suppress the evidence based on a showing that your rights were violated during the investigation process.

What Can I Do To Increase My Chances Of a Successful Outcome In My Robbery Case?

If you have been charged with robbery, it is important to take the following steps to defend yourself:

1. Hire a highly skilled criminal defense attorney: Robbery charges are serious and can result in significant consequences, including a strike on your record. An attorney who is a specialist in criminal law as certified by the California State Bar Board is considered a highly skilled attorney and can help protect your rights, build a strong defense strategy, and represent you in court.

2. Evaluate the evidence: Your attorney will review the evidence against you, including witness statements, surveillance footage, and any physical evidence. It is important to understand the strengths and weaknesses of the prosecution’s case so you can defend your case accordingly.

3. Negotiate a plea deal: In some cases, it may be possible to protect yourself with a plea by negotiating a plea deal with the prosecution to reduce the charges or penalties. Your attorney can help you assess whether this is a viable or recommended option in your case.

6. Prepare for trial: If necessary, your attorney will help you prepare for trial, including selecting a jury, presenting evidence, and cross-examining witnesses.

7. Stay informed: Stay in close communication with your attorney and stay informed about the progress of your case. It is important to be aware of court dates, legal proceedings, and any developments in your case.

Ultimately, the outcome of your case will depend on the specific circumstances of your situation, the strength of the evidence against you, and the effectiveness of your defense strategy. It is important to work closely with a highly experienced attorney, preferably one who was a former prosecutor with experience on both sides to best guide you in defending against this serious charge.

Call Knight Law Now For a Free Case Evaluation

If you are facing robbery charges in the San Jose or Bay area, contact Nana Knight at Knight Law to review your case and your options. Nana Knight is a former prosecutor who founded a highly respected criminal defense law firm in San Jose. She uses her unparalleled credentials, vast experience in the criminal justice system to provide her clients with excellent legal representation. Nana Knight knows how prosecutors will attempt to build their case against you to convict you. She will use this insider knowledge to customize an effective and comprehensive defense strategy to obtain the best possible outcome in your case. Call 408-877-6177 to get in touch with Nana Knight.

Sexual Assault and Rape

In California, sexual assault charges are typically prosecuted under various sections of the California Penal Code. The specific charges for sexual assault can vary depending on the circumstances of the crime, including the age of the victim, the use of force or violence, and any prior criminal history of the person charged with sexual assault. Some common charges for sexual assault include:

1. Penal Code 261 – Rape: This section covers the crime of non-consensual sexual intercourse with another person, including cases involving force, violence, menace threats, or incapacitation of the alleged victim, such as unconsciousness or sleep.

2. Penal Code 262 – Spousal Rape: This section covers the crime of non-consensual sexual intercourse with a spouse or partner, as California law does not recognize spousal immunity in cases of rape. This crime involves allegations of rape where it is accomplished against a person’s will by means of force, violence, duress, menace or fear. It includes situations where a person is prevented from resisting by any intoxicant including situations where the person was unconscious, such as being asleep.

3. Penal Code 261.5- Statutory Rape: This section covers the crime of sexual intercourse with a minor, even if the minor consents. The age of consent in California is 18, so engaging in sexual activity with someone under this age can lead to statutory rape charges. It is a misdemeanor for a person to engages in unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the alleged perpetrator.

4. Penal Code 288 – Lewd Acts with a Minor: This section covers the crime of engaging in lewd or lascivious acts with a minor under the age of 14 with the intent of arousing, appealing to or gratifying the lust, passions or sexual desires of that person or the child. This is a felony punishable by 3, 6 or 8 years in state prison. If the lewd or lascivious acts are accomplished by use of force, fear, or threats, the crime becomes punishable by 5, 8 or 10 years in state prison.

5. Penal Code 289 – Sexual Penetration: This section covers the crime of non-consensual sexual penetration with a foreign object, such as a finger or an object, of another person’s genital or anal opening. Sexual penetration means the penetration of another person’s genitals or the anus and includes situations where another person is caused to penetrate the defendant’s genitals or anus. This crime also includes situations where another person is caused to penetrate their own genitals or anus for purposes of sexual gratification or sexual abuse. The penetration can be slight and the duration can be short. Consent may be a defense in certain situations, but it must be shown that the person acted freely and voluntarily and knew the nature of the act to which he or she was consenting to. Consent may also be implied by the circumstances of the case, including non-verbal signs.

Call Knight Law For a Free Case Evaluation

When you are being investigated or charged with sexual assault, you need to act fast. To maximize your chances of prevailing in your case, you must work with an experienced attorney to understand your rights, go over the law and discuss your options. As a former military prosecutor, Nana Knight specialized in sexual assault of both adults and minors and will be a tremendous asset in your case. There is no fee for an initial consultation to evaluate your case and it is important that you act fast to be able to mount the best possible defense against these very serious charges. Call (408) 877-6177 for a free case evaluation.

Strike Offenses

The “Three Strikes Law”

The “Three Strikes Law” in California is a sentencing law that imposes a mandatory sentence of 25 years to life in prison for individuals who have been convicted of 3 serious or violent felonies. The law was enacted in 1994 as a way to prevent alleged repeat offenders and reduce violence in the state. Under this law, if you have a strike on your record, you are limited in your ability to be sentenced to anything other than prison.

The “Three Strikes Law” imposes a prison sentence of 25 years to life on defendants who are convicted of their third violent or serious felony. The prison sentence is also doubled for “second strikers” who have been convicted of their second serious or violent felony.

There are many criticisms of California’s “Three Strikes Law” because it has been regarded as too harsh. Critics state that the law contributes to the state’s prison overcrowding problem. In some cases, individuals have received life sentences for relatively minor offenses due to the “Three Strikes Law.” In recent years, there have been efforts to reform this law in California and to allow for leniency for non-violent offenders and reduce prison overcrowding.

Serious and Violent Felonies As Strikes

There are two types of offenses that can count as “strikes” under the state’s “Three Strikes Law:”

1. Serious Felonies: Serious felonies are listed in California Penal Code section 1192.7 and include, among others, offenses such as first-degree burglary, assault with a deadly weapon, grand theft involving a firearm, any felony in which the defendant personally inflicted great bodily injury or any person, other than an accomplice or any felony in which the defendant personally used a deadly weapon.

2. Violent Felonies: Violent felonies are specified in California Penal Code section 667.5 and include, among others, offenses such murder, rape, oral copulation or sodomy by force, arson, kidnapping, as assault with a deadly weapon causing great bodily injury, robbery, domestic violence with personal infliction of great bodily injury, carjacking, and other crimes involving violence or the threat of violence.

Any prior conviction for a serious or violent felony can count as a strike on your record if you are subsequently convicted of another serious or violent felony. If you have 2 prior strike offenses and are convicted of a 3rd strike offense, you may be subject to a mandatory minimum sentence of 25 years to life in prison under the “Three Strikes Law.”

Defenses for Strike Offenses

If you have a prior strike on your record, your attorney can explore some defense strategies including: 1) negotiating with the prosecutor to reduce the current felony charge to a misdemeanor or 2) appealing your conviction if your past strike no longer counts as a strike under new laws.

Another option is to file a Romero motion, which is a legal motion that will allow you to request the court to dismiss or strike one or more of your prior strike convictions. The motion is named after People v. Superior Court (Romero), a 1996 California Supreme Court case that established judicial discretion to strike prior strike convictions in the interest of justice.

When you file a Romero motion, you are asking the court to consider mitigating factors such as the nature of the prior strikes, your criminal history, and your potential for rehabilitation. You are trying to show the judge that you are outside the spirit of the Three Strikes sentencing scheme. The judge will decide whether to dismiss or strike one or more of your prior strike convictions. If the judge grants your request, you will avoid a harsh mandatory minimum sentence under the “Three Strikes” scheme.

In order to be successful on your “Romero” motion, you need a very skilled attorney to advocate for you. Strikes are not easily dismissed, or pled down and it takes a skilled criminal law specialist to advocate on your behalf. Also, Romero motions are not automatically granted and are subject to the judge’s discretion. You must present compelling reasons why your prior strike conviction should be dismissed or stricken in order to receive a more lenient sentence.

Call Knight Law Now

Nana Knight is a State Bar Board-Certified Criminal Law Specialist and a former prosecutor who has extensive experience navigating this complex area of the law. Call Knight Law now at (408) 877-6177 for a free case evaluation.

Victim & Witness Representation

Victims of Crime Often Need Representation

We often think of criminal defense representation to involve the representation of a defendant accused of a crime. However, there are members of our community who have been victimized by crime and victims and witnesses often need legal representation in court. Victims in an alleged crime in California have clearly defined rights, but many are unaware of this fact. This unawareness sometimes leads to violations of rights with negative consequences for victims of crime and their families. This is why victims of crime often benefit tremendously from the assistance of a victims’ rights attorney. It is important to note that when a crime is charged in criminal courts, prosecutors represent the People of the State of California and do not represent victims individually.

California law provides many rights to victims, including the notification of the proposed disposition in a criminal case, financial compensation from the offender or from the California Victim Compensation Board, and the right to be reasonably protected from the accused. There are situations where victims want to appear in court and either request that a criminal protective order be issued for their protection or to request modifications to the protective order. There are times where a victim may want to request a domestic violence restraining order as protection from gun violence. Sometimes victims and their families receive notification about an inmate’s parole hearing and are given an opportunity to provide information about how they have been harmed and the impact that the crime has had on them. Victims of crime are entitled to receive restitution and financial compensation from different sources, such as the California Victim Compensation Board https://victims.ca.gov.

The Victim’s Bill of Rights (Marsy’s Law)

The Victim’s Bill of Rights also known as Marsy’s Law significantly expands the rights of victims in California. Under Marsy’s Law, the California Constitution article I, § 28, section (b) now provides victims of crime with the following rights:

• To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process.
• To be reasonably protected from the defendant and persons acting on behalf of the defendant.
• To have the safety of the victim and the victim’s family considered in fixing the amount of bail and release conditions for the defendant.
• To prevent the disclosure of confidential information or records to the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family, or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law.
• To refuse an interview, deposition, or discovery request by the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents.
• To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case.
• To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings.
• To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.
• To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings.
• To provide information to a probation department official conducting a pre-sentence investigation concerning the impact of the offense on the victim and the victim’s family and any sentencing recommendations before the sentencing of the defendant.
• To receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law.
• To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody.
• To restitution.
• It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.
• Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss.
• All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the victim.
• To the prompt return of property when no longer needed as evidence.
• To be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender.
• To have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgment release decision is made.
• To be informed of the rights enumerated in paragraphs (1) through (16).

Representation of Domestic Violence Victims

Domestic violence covers a vast range of conduct involving violence or threat of violence. Domestic violence laws cover individuals who are or have been in a dating relationship or marriage, including domestic partners, individuals who live or have lived together, or have a child together.

Domestic violence crimes are very common in California and many District Attorney’s Offices in California have specialized Domestic Violence teams with highly trained prosecutors committed to aggressively prosecuting domestic violence cases, even cases without victim participation and in instances involving a victim who has expressed a desire to “drop the charges.” If this is your situation or if you need advice on how to navigate a domestic violence case, it is critical that you contact a former prosecutor, Nana Knight at Knight Law, who served on the domestic violence team as a former deputy district attorney and has extensive experience handling hundreds of domestic violence cases. Nana Knight knows how domestic violence prosecutors prove their cases before juries and the tactics and strategies they use to get convictions. Nana Knight has worked with hundreds of domestic violence victims and know how to effectively represent the interests of victims of alleged domestic violence.

Attorney Nana Knight is a State Bar Certified Specialist in Criminal Law with extensive experience handling all types of domestic violence cases, including torture, attempted murder and mayhem. As a former domestic violence prosecutor, Nana Knight also published articles in this field, and has conducted numerous presentations on this topic. She has trained hundreds of attorneys in the field of domestic violence. Armed with expertise and experience on both sides as a former prosecutor and a criminal defense attorney, Nana Knight stands ready to provide you with a host of compassionate support, ranging from assistance with preparing to testify in court to obtaining an emergency or a criminal protective order or going over your options under California Code of Civil Procedure 1219.

Victims of domestic violence frequently seek an attorney to guide them through the criminal process and civil restraining order process. Victims have a voice in court and with expertly guided support of Attorney Nana Knight at Knight Law, we will ensure that your voice is heard, and your rights are protected.

Can I Refuse To Testify In A Domestic Violence Case?

As a victim, you may not want to speak in court and as a victim of domestic violence, you have certain protections under the California Code of Civil Procedure 1219(b), which states that “a court shall not imprison…the victim of sexual assault or domestic violence crime for contempt” if the victim refuses “to testify concerning that sexual assault or domestic violence crime.” In other types of cases other than domestic violence or sexual assault, a victim may be compelled to testify through valid subpoena and potentially be held in contempt of court for refusing to testify when they are on the stand. However, under Code of Civil Procedure 1219(b), a victim of domestic violence may elect not to testify and will not be jailed for the refusal.

With Knight Law by your side, we will discuss the unique circumstances of your case and your options and guide you to make the best decision you can about what is right for you. Call 408-877-6177 now for a free, confidential case evaluation and representation of your rights by San Jose domestic violence attorney Nana Knight.

I am a Victim: How Can I Get a Lawyer?

Simply call Knight Law at (408) 877-6177, a criminal defense firm established by a former prosecutor and criminal law specialist serving Santa Clara, San Mateo, Santa Cruz and the Greater Bay Area. At Knight Law, we are committed to protecting and promoting victims’ rights and we do that by ensuring you have access to adequate resources, including information to obtain financial compensation. When you work with Knight Law, you will get:

• A free consultation where we will discuss what happened, what the allegations are and your position. We will come up with a strategy to address your needs and your situation and ensure your rights are protected in the process.
• Help with communicating with law enforcement and the District Attorney’s Office
• Drafting and submitting a statement about the impact the crime has had on you and your family
• Obtaining emergency, protective or other restraining orders, including modification and withdrawal requests
• Victim and witness advocacy directly with the assigned prosecutor and protection from the defendant
• Getting compensation and restitution (includes monetary restitution for injuries, pain and suffering, medical bills, replacement of destroyed/damaged property)
• Advocating for and speaking on your behalf at all scheduled court proceedings/hearings
• Help with access to state and local resources concerning housing, CalWrap relocation, childcare, mental health, and other financial and healthcare services

If you have been a victim of a crime, chances are you have been affected both emotionally and physically. For many victims who are thrust into the criminal justice system it is difficult to navigate its complexities and figure out what is best for them.

Nana Knight is a former domestic violence prosecutor who has worked extensively with countless victims of domestic violence. At Knight Law we want to ensure you are not re-traumatized by the system. We want you to feel protected, accepted and valued. At Knight Law, we treat you like we would want to be treated. We will compassionately guide you through the criminal justice system and be with you every step of the way to make sure that your rights are protected, and your voice is heard. Call 408-877-6177 to speak with Nana Knight, a domestic violence attorney in San Jose and greater Bay Area.

Weapons Offenses

In order to buy a handgun in California, you must be at least 21 years old and 18 years old if you want to buy a shotgun or a rifle. You must also pass a background check (Dealer’s Record of Sale) through a licensed dealer. However, certain individuals are prohibited from owning or possessing firearms. California law prohibits the possession of firearms by individuals with prior felony convictions, certain domestic violence convictions, and individuals addicted to narcotics. Weapons offenses in California include the illegal possession, sale, or use of firearms or other dangerous weapons.

Some of the commonly charged weapons offenses include:
1. Penal Code section 25400- Carrying a concealed weapon without a permit

2. Penal Code section 29800- Possessing a firearm as a felon

3. Penal Code section 30605- Possessing an assault weapon

4. Penal Code section 33215 – Possessing a sawed-off shotgun or rifle

5. Penal Code section 626.10 – Possessing a dangerous weapon on school grounds

6. Penal Code section 29825 – Possessing a firearm while prohibited from doing so by a domestic violence restraining order

7. Penal Code section 26500 – Selling, manufacturing, or distributing firearms without a proper license

8. Penal Code section 12022 – Using a firearm in the commission of a crime

9. Penal Code section 171b – Possessing a firearm in a prohibited area, such as a government building or airport

10. Penal Code section 29800(a)(1) – Possessing a firearm while addicted to the use of narcotics
Weapons offenses are treated seriously and can result in significant penalties, including fines, probation, and prison time.

Defenses to Weapons Offenses

If you have been charged with a weapons offense, defending against these charges in California can be complex and challenging. There are, however, several strategies that may be effective, including:

1. Challenging the legality of the search and seizure: If law enforcement officers obtained the weapon from your person or your property through an illegal search or seizure, that evidence may be suppressed. If that evidence is suppressed, the prosecution will not be able to prove the charged weapons offense against you.

2. Lack of knowledge or intent: In some cases, you may not have been aware that you were in possession of a weapon or may not have intended to use the weapon unlawfully.

3. Self-defense: If you used the weapon in self-defense or defense of others, this may be a valid defense to certain weapons charges, depending on your circumstances.

4. Violation of procedural rights: If your constitutional rights were violated during the arrest, booking, or interrogation process, this may be grounds to challenge the charges.

5. Lack of evidence: If the prosecution does not have sufficient evidence to prove that you committed the weapons offense beyond a reasonable doubt, the charges may be dismissed. You may also be able to argue you were not legally, actually, or constructively, in possession of the weapon.

6. Legal justification: In some cases, there may be legal justifications for possessing or using a weapon, such as carrying a concealed weapon with a valid permit or possessing a firearm for sport or hunting purposes.

Call Knight Law To Get Help With Your Weapons Charges

It is important to consult with an experienced criminal defense attorney who has extensive experience handling weapons offenses in criminal courts. Nana Knight is a State Bar Board-Certified Criminal Law Specialist and former prosecutor with experience on both sides and is uniquely qualified to help you with your weapons charges. She will discuss the specific details of your case and determine the best defense strategy to maximize the chances of a successful outcome in your case. Call Knight Law at 408-877-6177 now to get a free evaluation of your case.

White-Collar Crimes

White-collar crimes involve the use of fraud or deceit to obtain an unlawful financial gain. White-collar crimes may involve corporate or financial crimes, including bank and check fraud, bankruptcy fraud, false statement crimes, embezzlement, healthcare and Medicare fraud, forgery, mortgage fraud, tax evasion, and money laundering. These types of crimes are usually prosecuted at the federal level in federal courts.

What Are The Consequences of Being Convicted of a White-Collar Offense?

The consequences of being investigated or charged with a white-collar offense can be disastrous. Possible penalties for a conviction of a white-collar crime may involve imprisonment, probation and fines, restitution, forfeiture of assets and other penalties. You may not only lose your job, but may have a very difficult time finding work following a conviction. A person convicted of a white-collar offense may lose their professional license and be permanently barred from working in the relevant industry. There is also significant social stigma attached to being investigated or charged for a white-collar crime.

How Can I Defend Against a Charge for a White-Collar Crime?

If you are being investigated, arrested or charged with a white-collar crime, remember these are just allegations against you. Every case is different and will require a customized approach but there are a few common defenses to white-collar crimes, such as:

Lack of intent: the prosecution needs to prove that you intended to commit the crime (such as intended to defraud the government). The prosecution has the burden to prove each element of the charged crime. The prosecution may attempt to prove the intent element by direct or circumstantial evidence. Your defense, therefore, may be geared toward negating the intent element, which if successful, will clear you of this charge.

Duress & Coercion: Duress and coercion serve as defenses to white-collar crimes. Even if the prosecution has proved beyond a reasonable doubt that you committed the crime as charged, you may nevertheless be found “not guilty” because your actions were justified by duress or coercion. You may be able to show that you committed the unlawful act because you or someone else were under an unlawful, present, immediate, and impending threat of bodily harm or death. The defense of duress relies on threats and harm and will require you to show that you were forced to commit a white-collar crime because of those threats. You will have to prove that you had no legal alternative to violating the law.

Good-faith Defense: This is a complete defense to a charge that requires intent to defraud. You may be able to show that you had an honestly held opinion or belief, which is the opposite of fraudulent intent. Also, evidence of a mistake in judgment, an error in management or carelessness cannot establish fraudulent intent and can therefore serve as a potential defense.

Insanity: A defendant is considered “insane” only if the defendant is unable – because of severe mental disease or defect – to appreciate the nature and quality or wrongfulness of their act. The underlying mental disease or defect does not otherwise constitute a defense. It is the defendant who is required to prove their insanity by clear and convincing standard, which is lower than the standard of beyond a reasonable doubt that the prosecutor is required to adhere to in order to prove a white collar charge before the judge or jury.

Entrapment: Entrapment is a defense to a white-collar crime. Entrapment occurs when law enforcement officers or agents working for law enforcement officers and under law enforcement direction persuade a defendant to commit a crime that the defendant had no prior intent to commit. The law prohibits convicting a defendant who has been entrapped. The entrapment defense is not available in situations where the defendant intended to break the law anyway and the government merely provided the favorable opportunity to do so.

Call Knight Law Now For a Free Case Evaluation

If you are facing white collar charges in the San Jose or Bay area, contact Nana Knight at Knight Law to review your case and your options. Nana Knight is a former prosecutor who founded a highly respected criminal defense law firm in San Jose. She uses her unparalleled credentials, vast experience in the criminal justice system to provide her clients with excellent legal representation. Nana Knight knows how prosecutors will attempt to build their case against you to convict you. She will use this insider knowledge to customize an effective and comprehensive defense strategy to obtain the best possible outcome in your case. Call 408-877-6177 to get in touch with Nana Knight.