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- Florida Sentencing Enhancements Pt. 3: Three Time Violent Felony Offenders & Violent Career Criminals
This article is the third installment in our Florida Sentencing Enhancements series and presents an overview of the Three Time Violent Felony Offender and Violent Career Criminal statutes.
- How Are People Charged as an Accomplice?
Accomplice liability arises when a person helps another commit a crime with the intent of providing such assistance.
- Robbery Law in Washington - Things you Must Know
Know the real meaning of robbery as per law in Washington. Also, know the categories of robbery, and discover how it differs from burglary.
- Charged with Burglary in Virginia?
Congratulations, you've been initiated into the criminal justice system and you need a good Alexandria criminal defense attorney to represent you.
- Understanding the Different Types of Theft
Have you ever heard someone talk about larceny and wondered why they called a theft by that name? What about robbery? How about fraud or embezzlement? What's really the difference between all these different types of theft? It can be an important question if you or someone you know is facing criminal charges or have been the victim of a crime. Following is a description of eight (8) different types of theft and what their respective elements include.
- Restitution Award in DUI Case Reversed and Vacated Because Trial Court’s Calculation Not Rational
In the following 2009 case, a DUI matter, O.M. was driving his car when hit by DUI Defendant R.P. on Beach Boulevard in Orange County. O.M. sustained broken ribs, back fractures and a serious knee injury.
- Expungement of Petty Theft Conviction a Mistake, Although Defendant Consequently Faces Deportation
In 2011, he again attacked his 1997 petty theft conviction, by way of an “invitation” that the court dismiss the judgment of conviction under Penal Code § 1385. It merits mention parenthetically that only prosecutor can move to dismiss a case under section 1385. Thus, a defendant must instead “invite” the judge to exercise his discretion under 1385 to dismiss the case.
- Juvenile Commits First Degree Residential Burglary by Stealing Guns from Closet Near Home Entry
In San Diego County, a juvenile (“M.A.”) entered a house with the owner’s permission without any intent to commit a felony therein. While inside, he learned that there were guns in a closet and then decided to steal then. The closet was three feet by four feet and in the home’s entry way, but not in the home’s interior.
- First Degree Burglary Conviction Upheld When Residential Home Uninhabited and Realtor’s Wallet is Stolen.
Under Penal Code § 460, every burglary of an inhabited dwelling is first degree burglary. Burglary of a structure that is not an “inhabited dwelling house” is second degree burglary. On June 27, 2010, realtor Janice Konkol was conducting an open house of a home in Irvine. Rodney Little and his girlfriend walked into the house.
- First Degree Residential Burglary is a Crime of Violence Under Immigration Laws
In 2007, Ramiro Ramos-Medina was convicted after a jury trial of First Degree Residential Burglary, a violation of Penal Code § 459. The judge sentenced him to two years in state prison. Mr. Medina was not a U.S. citizen. Immigration officers told him that his conviction was a “crime of violence” under 8 U.S.C. § 16(b) and thus, an “aggravated felony” under the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43) and § 1227(a)(2)(A)(iii).