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Posts Tagged With: threat

The Threat of Harm: When A Crime is Committed Under Duress

April 2, 2018 by Peter Blair

Ask anybody and they will probably tell you the same thing: Under no circumstances should you ever commit a crime. However, when a crime is committed under duress, this is not necessarily true. You might not know what duress is and whether or not it always constitutes a criminal behavior. Today we will look at… Read More

Categories: Defense, Felony Charges, Law Tags: crime is committed, criminal behavior, Duress, no other means of escape, threat, threat must be imminent, threat of harm, under duress, words or actions

Can I Be Charged if a Crime Happened Under Duress?

December 27, 2017 by Peter Blair

If you have been charged with a crime but that crime took place under duress, you may find that it is hard to use this defense. There are many elements involved in a duress case, including force and coercion. Duress is the use of force, false imprisonment, threats, or psychological pressure and abuse that pushes… Read More

Categories: Defense, Felony Charges, Law Tags: action, bank robbery, Coercion, crime, Duress, duress case, force, getaway driver, gun, reasonable fear, threat, threatened, threats, violence

Armed Robbery and the Defenses That You Can Use

August 16, 2017 by Peter Blair

You probably already know a lot about the crime of robbery, but what is armed robbery? Armed robbery is theft of property that occurs when you are carrying a weapon. It is charged higher than normal robbery because force is almost always use when a weapon is involved. Even in cases where you only intended… Read More

Categories: Defense, Felony Charges Tags: aggravated, armed robbery, defenses, Elements, felony, force, robbery charge, threat

Exigent Circumstances and How They Apply to Your Case

June 20, 2017 by Peter Blair

If a search has been conducted in your criminal case and you believe that it was done unfairly or illegally, you may have already heard of something known as exigent circumstances. Under exigent circumstances, there is no Constitutional right to privacy, as it is an emergency situation. This means that, under these circumstances, a police… Read More

Categories: Criminal System, Unreasonable Search and Seizure Tags: cases, court, danger, exigent circumstances, officer, police, reasonable, reasonable belief, search, threat, warrant

Bail Hearings Under California Criminal Law

February 11, 2017 by Peter Blair

You may feel stressed, confused, or scared if you have been charged with a crime and are involved in the criminal justice system of California. However, there is hope with a process known as a bail hearing. At a bail hearing, in short, you and your attorney will be asking the court to reduce or… Read More

Categories: Uncategorized Tags: attorney, bail, California, community, court, courts, felony, Hearing, Judge, justice, system, threat

Types of Criminal Defenses: Self Defense

January 30, 2017 by Peter Blair

What happens when you have been threatened and must defend yourself? A defendant is permitted to claim self-defense in cases where they had to defend against somebody to prevent suffering force or violence. What happens if somebody comes into another person’s home to commit robbery and they have a knife? What if they threaten to… Read More

Categories: Defense, Self Defense Tags: aggressor, California, case, cases, castle doctrine, claim, danger, defend, defense, duty, ground, imminent, person, reasonable, Self Defense, stand, threat, victim, violence

Types of Criminal Defenses: Duress

January 17, 2017 by Peter Blair

Both duress and necessity are defenses that can be used in criminal cases. However, in cases of necessity, there is usually a choice between two evils. In the cases of duress, which we will discuss today, a defendant will act unlawfully in order to avoid a threat of immediate harm to themselves. Duress is much… Read More

Categories: Defense, Law Tags: bodily harm, case, cases, commit, crime, criminal, defense, Duress, forced, harm, injured, reasonable, threat

Assault in California: One of the Most Prevalent Crimes

December 20, 2016 by Peter Blair

Assault crimes are one of the most prevalent in San Diego, California, with thousands of events happening each year. California Penal Code 240, 242 describes assault as an intentional attempt to physically injure another person or an event that forces someone to believe that they are about to be attacked. Unlike battery, physical contact is… Read More

Categories: Law, Uncategorized Tags: assault, assaulting, California, commit, crimes, injure, Jail, months, physical, probation, threat, victim

Using Self-Defense as a Legal Defense

September 26, 2016 by Peter Blair

Under California Criminal Law 3470, you have a Right to self-defense or defense of another. This means that you as the defendant are not guilty of a specific crime that you were charged for if you used force against the person in a lawful way. In some situations, you may have to defend yourself if… Read More

Categories: Defense, Self Defense Tags: California, castle doctrine, complicated, deadly, defense, fear of harm, illegal, imminent, injury, instructions, Judge, Jury, legal, Penal Code, person, reasonable, self, situation, threat

Understanding the Crime of Torture in California

August 22, 2016 by Peter Blair

Accidents happen, and everybody knows that. But what about cases where somebody intentionally inflicts great bodily injury onto somebody else? What if that pain is greater than minor or moderate harm and the defendant committed the injury with a sadistic purpose in mind? The defendant may have committed a crime of torture, which carries very… Read More

Categories: Defense, Felony Charges, Law Tags: California, charge, crime, extortion, harm, law, pain, penalties, revenge, sadistic, serious, threat, torture

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