San Diego County Criminal Law Blog

If you have been accused of committing domestic violence, you may have a restraining order filed against you. Some types of restraining orders are issued by civil courts. However, a criminal protective order (CPO) can be issued by a criminal court after a domestic violence arrest or in connection with a domestic violence charge.

This type of restraining order is initiated by the District Attorney’s Office, not the alleged victim of abuse. A CPO is issued to protect the alleged abuse victim during the criminal case.

As of Jan. 1 of this year, a new California law went into effect that changes the legal landscape for violent crimes. Senate Bill 1437 scaled back the existing felony murder rule. This legislation made important changes to the state's criminal law that affect both existing prisoners and future prosecutions.  

The old felony murder rule allowed someone who committed a felony to be convicted of first-degree murder if a victim died during the act, regardless of whether the accused caused or intended the death. A real life example described in the Los Angeles Times is that of Bobby Garcia, who faced first-degree murder for a death that occurred during a robbery in which Garcia was involved. Garcia said he did not commit the murder, nor did he know it took place until told later at the police station. However, he accepted a plea deal of 25 years to avoid possible life imprisonment.

Medicaid is a growing concern in California, forcing the state to take aggressive measures to fight and put a stop to it. If you are guilty of committing Medicaid fraud in the Golden State, you may wonder what your future holds for you. Without a proper defense and adequate legal representation, you face jail time, hefty fines and a tarnished reputation.

You can find California's Medicaid fraud laws at on the State of California Department of Justice website. If your crime involves making false declarations of eligibility—a crime that involves receiving or encouraging another to accept Medicaid benefits for which he or she is not truly eligible—the state may charge you with a misdemeanor or felony. Both may result in a term behind bars.

A sexual assault conviction in California can result in serious and life-altering consequences, including jail time, hefty fines and a damaged reputation. Unfortunately, when it comes to sexual assault accusations, it is more often than not the victim's word against the defendant's. Most jurors show bias in the victim's favor, making it difficult for defendants to move beyond the case and forward with their lives in a positive manner. That said, if you were recently charged with sexual assault, you are not without defense options. FindLaw explores those options more in depth.

Your first defense option against sexual assault is a claim of actual innocence. From claiming you could not have committed the crime because you were in a different location at the time the incident took place to asserting that the plaintiff misidentified the offender, there are several defenses you may use to prove your innocence. Bear in mind that the prosecution has the burden of proving you are guilty beyond a reasonable doubt. If you can create reasonable doubt, the jury has not choice but to let you off the hook.