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    <title type="text">Lieberman Law, APC</title>
    <subtitle type="text">Lieberman Law, APC</subtitle>

    <updated>2026-05-18T03:44:55Z</updated>

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        <entry>
            <author>
									                    <name>On Behalf of Lieberman Law, APC</name>
				            </author>
            <title type="html"><![CDATA[Beyond Bars: How California&#8217;s Resentencing Laws Offer New Hope]]></title>
            <link rel="alternate" type="text/html" href="https://www.ariliebermanlaw.com/blog/2024/10/beyond-bars-how-californias-resentencing-laws-offer-new-hope/" />
            <id>https://www.ariliebermanlaw.com/?p=47372</id>
            <updated>2024-10-30T09:14:42Z</updated>
            <published>2024-10-30T09:13:03Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[In recent years, California has made significant strides in criminal justice reform, particularly around sentencing and resentencing laws. California’s resentencing laws are designed to revisit and potentially reduce sentences for certain categories of convicted individuals. These laws are designed to allow individuals serving sentences to have their cases reviewed under newer legal standards. In recent years, California has taken steps…]]></summary>
			                <content type="html" xml:base="https://www.ariliebermanlaw.com/blog/2024/10/beyond-bars-how-californias-resentencing-laws-offer-new-hope/"><![CDATA[In recent years, California has made significant strides in criminal justice reform, particularly around sentencing and resentencing laws. California's resentencing laws are designed to revisit and potentially reduce sentences for certain categories of convicted individuals. These laws are designed to allow individuals serving sentences to have their cases reviewed under newer legal standards. In recent years, California has taken steps to address sentencing fairness, criminal justice reform, and the impact of mitigating circumstances, such as trauma or mental health, on criminal behavior. By revisiting older cases, the state aims to reduce unduly harsh penalties and correct systemic inequalities. These laws allow for sentence reductions, and, in some cases, even release, particularly for those who may have been sentenced under outdated or overly punitive guidelines.

<strong>Key resentencing developments include:</strong>
<ul>
 	<li><strong>California Senate Bill 1437 (SB 1437):</strong> Enacted in 2018, this bill redefined felony murder and natural and probable consequences doctrines, allowing people who did not personally commit murder to seek resentencing. This change was crucial for individuals who had been sentenced under older, more rigid interpretations of accountability.</li>
 	<li><strong>California Assembly Bill 2942 (AB 2942):</strong> This 2019 law allows district attorneys to recommend resentencing in cases where the sentence no longer aligns with contemporary justice principles.</li>
 	<li><strong>California Assembly Bill 2542 (AB 2542):</strong> The California Racial Justice Act, enacted in 2020 under AB 2542, allows individuals to challenge criminal convictions or sentences that may have been influenced by racial bias. The Act makes it unlawful for racial, ethnic, or national origin biases to affect any part of a criminal prosecution or sentencing. This includes both overtly racist actions (like biased statements by court officials) and systemic patterns, such as statistical evidence indicating racial disparities in how cases are charged or penalized. By targeting racial discrimination within the justice system, the Racial Justice Act and its amendments aim to promote greater fairness and accountability in California’s criminal legal proceedings.</li>
 	<li><strong>Assembly Bill 1540 (AB 1540):</strong> Enacted in 2021, AB 1540 clarified and streamlined the resentencing process under Penal Code section 1170(d)(1). It requires that courts hold a hearing if a resentencing recommendation is made and mandates consideration of the latest laws and sentencing guidelines. This is part of California's efforts to make resentencing options more accessible and aligned with modern justice perspectives.</li>
 	<li><strong>California Assembly Bill 124 (AB 124) and California Senate Bill 81 (SB 81):</strong> Passed in 2021, these bills encourage courts to consider mitigating factors such as childhood trauma, victimization, or mental illness, promoting leniency in sentencing for those who faced severe hardship or abuse.</li>
 	<li><strong>California Assembly Bill 600 (AB 600):</strong> Signed into law in 2023 and effective January 1, 2024, makes it possible for individuals to request resentencing if the laws applicable to their sentencing are amended or repealed after their conviction. This bill allows for a resentencing petition when law changes, such as reductions in mandatory minimums or sentence enhancements, could lead to a shorter sentence than initially imposed. However, the law includes specific limitations to protect public safety.</li>
</ul>
<strong>California Penal Code Section 1172.1 Resentencing Procedures</strong>

California Penal Code Section 1172.1 establishes a structure for resentencing that allows for the review and potential reduction of criminal sentences. It mandates courts to examine whether continued incarceration serves justice, allowing for a fair reassessment when the justice system’s priorities or perspectives shift over time.
<ol>
 	<li><strong> Recommendation for Resentencing:</strong> District attorneys, Department of Corrections and Rehabilitation, in collaboration with criminal defense attorneys, can recommend a sentence be reduced. The court may also, on its own motion, resentence a defendant. This recommendation is often based on factors like rehabilitation efforts, an individual's age at the time of the offense, or evolving sentencing standards (e.g., sentences that now would be considered excessive).</li>
 	<li><strong> Judicial Discretion and Review:</strong> Upon receiving a recommendation, the court can exercise discretion in modifying the sentence. In evaluating the case, the court considers factors such as:</li>
</ol>
<ul>
 	<li>Evidence of the individual’s rehabilitation and behavior in prison.</li>
 	<li>Whether the initial sentencing was disproportionately harsh compared to current standards.</li>
 	<li>Any mitigating factors, such as mental illness or trauma, that may not have been adequately considered during the original sentencing.</li>
</ul>
<ol start="3">
 	<li><strong> Eligibility and Limitations:</strong> While Section 1172.1 offers broader opportunities for resentencing, it is not universally applicable to all cases. Generally, those with violent or serious felony convictions may face greater scrutiny, and cases must still meet criteria that justify a reduction without compromising public safety.</li>
 	<li><strong> Retroactive Relief:</strong> Section 1172.1 allows for retroactive applications in line with other California penal reforms, like the Racial Justice Act and changes to felony murder laws, which have emphasized addressing historical disparities and injustices.</li>
</ol>
<strong>Juvenile Offender Resentencing Under California Penal Code Section 1170(d)(1)</strong>

California Penal Code Section 1170(d)(1) plays an essential role in resentencing laws for defendants convicted of a crime before they turned 18 years old. The provision allows courts to revisit past sentences and consider present-day standards, supporting the belief that sentences should be fair and proportionate to both the offense and the individual’s personal growth and change. Originally, this section applied primarily to reduce sentences when a defendant’s circumstances had significantly changed. However, with recent legislative reforms, including AB 2942 and AB 1540, the state has expanded and clarified the conditions under which resentencing under Section 1170(d)(1) may be applied.

To be able to use Penal Code section 1170(d)(1), a person must:
<ol>
 	<li>Have been convicted of a crime that was committed before they turned 18.</li>
 	<li>Have received a sentence that is equivalent to life without parole, which means that the person has been sentenced longer than they will likely live.</li>
 	<li>Have been incarcerated for at least 15 years.</li>
 	<li>No prior juvenile adjudications for serious crimes before the offense.</li>
 	<li>The crime must not involve torture, or offenses against law enforcement or firefighters.</li>
 	<li>Demonstrate remorse and rehabilitation.</li>
</ol>
<strong>The Path Forward: Legal Support and Advocacy</strong>

California's resentencing laws are complex and evolving, requiring careful legal navigation. Whether you're a family member of someone who might qualify for resentencing or an individual looking to explore these new legal avenues, working with experienced attorneys is crucial. At the Lieberman Law, APC, we are committed to staying updated on California's latest sentencing reforms to help our clients understand their rights and make informed decisions.

For anyone facing questions about resentencing or wanting to explore a new chapter in their case, we invite you to reach out for a consultation.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Lieberman Law, APC</name>
				            </author>
            <title type="html"><![CDATA[Limits on Free Speech and the First Amendment: California Unlawful Assembly Laws]]></title>
            <link rel="alternate" type="text/html" href="https://www.ariliebermanlaw.com/blog/2024/05/limits-on-free-speech-and-the-first-amendment-california-unlawful-assembly-laws/" />
            <id>https://www.ariliebermanlaw.com/?p=47086</id>
            <updated>2024-05-29T14:25:58Z</updated>
            <published>2024-05-06T08:46:23Z</published>
					<taxo:topics><![CDATA[Boycott, Criminal defense, Encampments, First Amendment, First ammendment lawyer, Free Speech, Freedom Of Speech, Misdemeanor, Penal Code 407, Protests, Riots, San Diego, San Diego County, San Diego criminal defense, UCSD, unlawful assembly, Unlawful Assembly Lawyer]]></taxo:topics>
            <summary type="html"><![CDATA[In the realm of criminal law, it’s essential for both legal professionals and individuals to have a clear understanding of statutes that govern behavior and potential consequences. Often times during periods of political unrest, groups of individuals may gather to express discontent or approval of a particular viewpoint. This can be described as peaceful protests, riots, boycotts, etc. Law enforcement…]]></summary>
			                <content type="html" xml:base="https://www.ariliebermanlaw.com/blog/2024/05/limits-on-free-speech-and-the-first-amendment-california-unlawful-assembly-laws/"><![CDATA[In the realm of criminal law, it's essential for both legal professionals and individuals to have a clear understanding of statutes that govern behavior and potential consequences. Often times during periods of political unrest, groups of individuals may gather to express discontent or approval of a particular viewpoint. This can be described as peaceful protests, riots, boycotts, etc. Law enforcement may be required to intervene to dispurse crowds or gatherings deemed unlawful. One such statute within California's Penal Code that comes into play is Section 407, which addresses unlawful assembly and the refusal to disperse.

<strong>What is California Penal Code Section 407?</strong>

California Penal Code Section 407 defines unlawful assembly as the gathering of two or more individuals for the purpose of engaging in an unlawful act or behaving in a violent, boisterous, or tumultuous manner, whether or not the original purpose of the assembly was lawful.

<strong>Key Elements of Section 407:</strong>
<ul>
 	<li><strong>Assembling with Unlawful Intent:</strong> The statute requires that individuals gather with the intent to commit an unlawful act or engage in disorderly conduct.</li>
 	<li><strong>Remaining After Warning:</strong> Individuals who assemble unlawfully must be warned by a public officer to disperse. Failure to disperse after being warned constitutes a violation of the law.</li>
 	<li><strong>Misdemeanor Offense:</strong> Violating Section 407 is considered a misdemeanor offense in California, punishable by fines and/or imprisonment.</li>
</ul>
Additionally, other related laws and statutes may come into play when addressing unlawful assembly, including:
<ol>
 	<li><strong>California Penal Code Section 408</strong>: This statute addresses the offense of remaining at the scene of a riot after being ordered to disperse by a law enforcement officer. It carries similar penalties to Section 407.</li>
 	<li><strong>California Penal Code Section 409</strong>: This section pertains to the refusal to disperse from an unlawful assembly after being lawfully warned to do so by a public officer. It also constitutes a misdemeanor offense.</li>
</ol>
These laws are aimed at maintaining public order and safety by prohibiting gatherings that pose a threat of violence, property damage, or disruption to the community. Violating these laws can result in criminal charges and legal consequences, underscoring the importance of understanding and complying with California’s unlawful assembly statutes.

<strong>Importance of Legal Representation:</strong>

Given the criminal nature of the charges under Sections 407, 408, and 409, individuals facing allegations of unlawful assembly or refusal to disperse must seek competent legal representation. Here's why:
<ol>
 	<li><strong>Pre-File Representation:</strong> Pre-file representation refers to legal representation provided to individuals who are under investigation but have not yet been formally charged with a crime. An attorney can communicate with law enforcement officials and prosecutors on your behalf.</li>
 	<li><strong>Understanding Your Rights:</strong> A skilled criminal defense attorney can help you understand your rights under the law and how they apply to your specific situation.</li>
 	<li><strong>Building a Strong Defense:</strong> An experienced lawyer will assess the circumstances surrounding your case and develop a strategic defense tailored to achieve the best possible outcome.</li>
 	<li><strong>Navigating the Legal Process:</strong> The legal process can be complex and intimidating. Having a knowledgeable advocate by your side can help navigate proceedings and ensure your rights are protected at every stage.</li>
 	<li><strong>Negotiating with Prosecutors:</strong> Your attorney can engage in negotiations with prosecutors to potentially have charges reduced or dismissed, or to secure a favorable plea agreement if it is in your best interest.</li>
 	<li><strong>Motion for Judicial Diversion (PC 1001.95):</strong> California Penal Code Section 1001.95 is part of the state’s pretrial diversion program for qualifying misdemeanor offenses. It allows defendant's charged with certain non-violent misdemeanor offenses to participate in a diversion program instead of facing traditional criminal prosecution.</li>
</ol>
<strong>Conclusion:</strong>

California's Penal Code addresses the criminal offense of unlawful assembly and refusal to disperse. Understanding these laws are crucial for both legal professionals and individuals alike. If you or someone you know is facing charges under Sections 407, 408, or 409 don't hesitate to seek the guidance of a reputable criminal defense attorney. At the Lieberman Law, APC, we are dedicated to providing aggressive representation and fighting for the rights of our clients in San Diego County and the surrounding areas.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Lieberman Law, APC</name>
				            </author>
            <title type="html"><![CDATA[Fool&#8217;s Gold: Decoding California&#8217;s Insurance Fraud Laws and Penalties]]></title>
            <link rel="alternate" type="text/html" href="https://www.ariliebermanlaw.com/blog/2024/02/fools-gold-decoding-californias-insurance-fraud-laws-and-penalties/" />
            <id>https://www.ariliebermanlaw.com/?p=47090</id>
            <updated>2024-05-29T14:26:01Z</updated>
            <published>2024-02-26T10:15:56Z</published>
					<taxo:topics><![CDATA[Auto Insurance Fraud, Economic crimes, Felony, Fraud, Health Insurance Fraud, Insurance fraud, Misdemeanor, Property Insurance Fraud, Restitution, Theft, White Collar Crimes, Workers&#8217; Compensation Fraud]]></taxo:topics>
            <summary type="html"><![CDATA[Introduction Welcome to the Lieberman Law, APC, where we are dedicated to providing exceptional criminal defense representation in San Diego County and surrounding areas. Ari S. Lieberman started his career as a prosecutor at the San Diego County District Attorney’s Office where he was assigned to prosecute various types of insurance fraud crimes. As a result, Mr. Lieberman gained invaluable…]]></summary>
			                <content type="html" xml:base="https://www.ariliebermanlaw.com/blog/2024/02/fools-gold-decoding-californias-insurance-fraud-laws-and-penalties/"><![CDATA[<strong>Introduction</strong>

Welcome to the Lieberman Law, APC, where we are dedicated to providing exceptional criminal defense representation in San Diego County and surrounding areas. Ari S. Lieberman started his career as a prosecutor at the San Diego County District Attorney’s Office where he was assigned to prosecute various types of insurance fraud crimes. As a result, Mr. Lieberman gained invaluable experience in this area of law.

In California, insurance fraud is a serious offense with severe consequences. In this blog post, we will explore the different types of insurance fraud laws in California, potential penalties, and how the Lieberman Law, APC can help if you find yourself facing charges.

<strong>Understanding California's Insurance Fraud Laws</strong>

Insurance fraud occurs when someone intentionally deceives an insurance company for financial gain. In California, depending on the type of insurance fraud, these offenses are prosecuted under various sections of the California Penal Code, Insurance Code, and Labor Code. Insurance fraud may be prosecuted under Penal Code sections 548, 549, and 550. Insurance fraud is also prosecuted under Insurance Code section 11880, subdivision (a). These laws encompass a wide range of fraudulent activities, such as filing false insurance claims, exaggerating injuries or damages, and staging accidents.

<strong>Types of Insurance Fraud</strong>

There are several types of insurance fraud that can occur in California, including:

1. <strong>Health Insurance Fraud</strong>: This involves submitting false or inflated claims to health insurance companies for medical services or treatments that were never provided. Health insurance fraud may also occur when an individual does not report an underlying or existing condition when applying for an insurance policy.

2. <strong>Auto Insurance Fraud</strong>: Common examples include staging car accidents, falsifying injury claims, or inflating repair costs to receive higher insurance payouts. Another common example is reporting an accident that occurred prior to the inception of the insurance policy.

3. <strong>Workers' Compensation Fraud</strong>: There are various types of Workers’ Compensation fraud. Workers’ Compensation fraud can occur when an employee falsely claims to have been injured on the job in order to receive workers' compensation benefits. Employers commit “premium fraud” by under reporting the number of employees or payroll in order to receive a reduced premium payment. Another related workers’ compensation law that is prosecuted is simply not having a workers’ compensation insurance policy. Pursuant to Labor Code section 3700.5, it is a misdemeanor in California to not maintain workers’ compensation insurance.

4. <strong>Property Insurance Fraud</strong>: This can involve intentionally damaging property or exaggerating the extent of damage in order to file a fraudulent insurance claim.

<strong>Penalties for Insurance Fraud</strong>

The penalties for insurance fraud in California vary depending on the specific circumstances of the case and the amount of money involved. Insurance Fraud can be charged as either a misdemeanor or felony. Felony charges carry much harsher penalties, including substantial fines and custodial sentences.

In almost all instances of insurance fraud, the defendant will be required to pay restitution. Restitution is the payment of any monetary loss that occurred as a result of the criminal offense. In insurance fraud cases, restitution will be paid to the insurance company for the amount paid out to the defendant.

Many defendants who have been charged or convicted of insurance fraud possess professional licenses. If the fraudulent conduct was substantially related to the qualifications, functions, or duties of the licensee, then the licensing authority may choose to proceed with disciplinary action against the license. This could result in the revocation or suspension of the professional license.

<strong>Conclusion</strong>

If you have been accused of insurance fraud in California, it is crucial to seek experienced legal representation as soon as possible. The Lieberman Law, APC has a proven track record of successfully defending clients against insurance fraud charges. We will thoroughly investigate the allegations against you, build a strong defense strategy, and fight tirelessly to protect your rights and achieve the best possible outcome for your case.

Navigating California's insurance fraud laws can be complex and overwhelming, but you don't have to face it alone. At the Lieberman Law, APC, we are here to provide you with the expert legal guidance and representation you need to effectively defend yourself against insurance fraud charges. Contact us today to schedule a confidential consultation and learn how we can help you protect your future.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Lieberman Law, APC</name>
				            </author>
            <title type="html"><![CDATA[California Domestic Violence Laws: What to know if arrested for Domestic Violence.]]></title>
            <link rel="alternate" type="text/html" href="https://www.ariliebermanlaw.com/blog/2024/01/california-domestic-violence-laws-what-to-know-if-arrested-for-domestic-violence/" />
            <id>https://www.ariliebermanlaw.com/?p=47093</id>
            <updated>2024-06-05T21:35:50Z</updated>
            <published>2024-01-14T10:27:19Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[In the realm of criminal defense, understanding the nuances of domestic violence laws in California is crucial for both legal professionals and the general public. Domestic violence cases are treated with the utmost seriousness, and the consequences of an arrest can be life-altering. This blog post aims to shed light on the unique, key aspects of California laws related to…]]></summary>
			                <content type="html" xml:base="https://www.ariliebermanlaw.com/blog/2024/01/california-domestic-violence-laws-what-to-know-if-arrested-for-domestic-violence/"><![CDATA[In the realm of criminal defense, understanding the nuances of domestic violence laws in California is crucial for both legal professionals and the general public. Domestic violence cases are treated with the utmost seriousness, and the consequences of an arrest can be life-altering. This blog post aims to shed light on the unique, key aspects of California laws related to an arrest for domestic violence, offering valuable insights for those seeking information or facing such allegations.

<strong>1. Definition of Domestic Violence:</strong>

Domestic violence is a serious criminal offense in California, and it carries severe penalties, including significant fines, mandatory counseling, and jail time. Domestic violence is defined as abuse or threats of abuse when the victim and the abuser are or have been in an intimate relationship or household members. Acts of abuse encompass physical harm, sexual assault, emotional abuse, and even economic control. More information about specific domestic violence offenses and their definitions can be found here: <a href="/domestic-violence/" data-wpel-link="internal">domestic violence</a>.

<strong>2. Penal Code § 13701 - Mandatory Arrest Policies:</strong>

The State of California is considered a mandatory arrest state when domestic violence allegations are reported to law enforcement. Penal Code section 13701, subdivision (a) requires all law enforcement agencies to develop, adopt, and implement written policies and standards for officers’ response to domestic violence calls. Further, Penal Code section 13701, subdivision (b) requires the written policies to “encourage” the arrest of domestic violence offenders if there is probable cause an offense has been committed. Penal Code section 13701, subdivision (b) also requires investigating officers to identify the “dominant aggressor” involved in the dispute. The statute defines “dominant aggressor” as, “the person determined to be the most significant, rather than the first, aggressor.”

San Diego County law enforcement agencies have adopted policies and standards that reflect the “encouragement” of arrests when allegations of domestic violence offenses have been made. It is also important to recognize that probable cause for an arrest is considered a low standard of proof. Very often in cases involving allegations of domestic violence, an alleged victim’s statement against an individual is sufficient for a probable cause finding to support an arrest.

<strong>3. Domestic Violence Bail in San Diego County:</strong>

If the individual arrested for allegations of domestic violence is booked into county jail, then the individual will be required to post bail to be released from custody. When someone is arrested for an alleged criminal offense, and is subsequently booked into county jail, their bail amount is typically determined by the local bail schedule. The local bail schedule designates bail amounts for specific criminal offenses an individual is alleged to have committed.

In San Diego County, the bail amount for a domestic violence offense will vary on a number of factors and circumstances: Was the individual arrested for a misdemeanor or felony? How egregious were the allegations? Are their any other aggravating factors, or does the individual have a significant criminal record?

Typically, a misdemeanor domestic violence arrest in San Diego County can expect bail to be between $10,000 to $25,000. For a felony arrest in San Diego County, the bail amount will increase to between $50,000 to $100,000 (or more).

If an individual is unable to post bail following an arrest for an alleged domestic violence offense, and criminal charges are filed, there will be an opportunity to ask a judge to reduce or eliminate the need for bail at the Arraignment.

<strong>4. Protective Orders and Restraining Orders:</strong>

Following a domestic violence arrest, a court may issue various protective or restraining orders. This may come in the form of an Emergency Protective Order, which will only be in place for a shorter duration of time. The alleged victim may file a petition with the family court for a Domestic Violence Restraining Order. If criminal charges are filed, then the alleged victim and/or prosecuting attorney will request a Criminal Protective Order during the pendency of the criminal case.

These orders are designed to safeguard the alleged victim and may include provisions such as maintaining a certain distance, refraining from contact, or even vacating the shared residence. You will also be required to surrender any and all firearms in your possession.

<strong>5. Pre-File Representation for a Domestic Violence Arrest:</strong>

If you have been arrested or are under investigation for a domestic violence offense in San Diego County, it is important to seek legal representation as soon as possible. In some cases, it may be possible to avoid criminal charges altogether through pre-file legal representation.

Pre-file representation refers to legal representation provided to individuals who are under investigation but have not yet been formally charged with a crime. During this stage, a skilled criminal defense attorney can work to prevent charges from being filed against you by conducting an independent investigation, negotiating with law enforcement officials, and presenting evidence in your favor. An attorney can communicate with law enforcement officials and prosecutors on your behalf to protect you from making statements that could be used against you in a criminal proceeding.

The goal of pre-file representation is to stop criminal charges from being filed against you in the first place, which can save you time, money, and the stress of going to trial. This can be especially important if you are facing a serious felony charge, as a conviction could result in lengthy prison time, hefty fines, and other consequences.

<strong>Conclusion:</strong>

California imposes severe penalties for domestic violence convictions, including potential jail time, fines, probation, and mandatory attendance at counseling programs. A conviction can also have far-reaching consequences, affecting employment opportunities, professional licenses, and even child custody arrangements. Beyond the criminal penalties, individuals facing domestic violence charges may also encounter collateral consequences. These can include the loss of firearm rights, immigration issues for non-citizens, and a tarnished reputation within the community.

Understanding California domestic violence arrest laws is essential for anyone involved in or affected by such cases. If you are facing charges for a domestic violence offense in California, it is crucial to have an experienced criminal defense attorney on your side who can provide effective legal representation and protect your rights. At the Lieberman Law, APC, we have the knowledge and experience necessary to handle these complex cases and will work tirelessly to achieve the best possible outcome for your case. Contact us today to schedule a consultation. This comprehensive guide is intended to provide an overview of the key considerations surrounding domestic violence arrests in California, but it is not a substitute for legal advice tailored to your specific situation.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Lieberman Law, APC</name>
				            </author>
            <title type="html"><![CDATA[Navigating the Legal Landscape: New Criminal Laws in California for 2024.]]></title>
            <link rel="alternate" type="text/html" href="https://www.ariliebermanlaw.com/blog/2023/12/navigating-the-legal-landscape-new-criminal-laws-in-california-for-2024/" />
            <id>https://www.ariliebermanlaw.com/?p=47098</id>
            <updated>2024-05-29T14:26:07Z</updated>
            <published>2023-12-29T10:45:58Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Welcome to the Lieberman Law, APC, your trusted ally in the ever-evolving field of criminal defense. As we step into the new year, 2024 brings with it a set of changes in California’s criminal laws that demand our attention. In this blog post, we aim to shed light on the key amendments and additions to the legal framework, empowering you…]]></summary>
			                <content type="html" xml:base="https://www.ariliebermanlaw.com/blog/2023/12/navigating-the-legal-landscape-new-criminal-laws-in-california-for-2024/"><![CDATA[Welcome to the Lieberman Law, APC, your trusted ally in the ever-evolving field of criminal defense. As we step into the new year, 2024 brings with it a set of changes in California's criminal laws that demand our attention. In this blog post, we aim to shed light on the key amendments and additions to the legal framework, empowering you with the knowledge you need to navigate the complexities of the justice system.

<strong>Assembly Bill 2773</strong>

Assembly Bill 2773 will require a peace officer making a traffic or pedestrian stop to state the reason for the stop before asking investigatory questions. However, the officer may withhold the reason for the stop if the officer reasonably believes it is necessary to protect life or property from an imminent threat.

<strong>Assembly Bill 791</strong>

Assembly Bill 791, signed into law on October 8, 2023, addresses the availability of bail for defendants charged with certain criminal offenses. Assembly Bill 791 would prohibit a person convicted of an offense punishable by life without the possibility of parole from being released on bail.

<strong>Assembly Bill 600</strong>

Assembly Bill 600 affects the court’s ability to modify a defendant’s sentence without the agreement of the District Attorney or Attorney General. Existing law authorizes the court to recall the sentence and either reduce a defendant’s custodial term by modifying the sentence, or vacate the conviction and impose judgement on any necessarily included lesser offense or lesser related offense. Existing law allows the court to do this <em>with </em>agreement of the District Attorney or Attorney General. Assembly Bill 600 would authorize the court to recall a sentence on its own motion, at any time. This can only be done if the applicable sentencing laws at the time of the original sentence are changed due to new statutory or case law. Assembly Bill 600 would remove the requirement that the District Attorney or Attorney General concur with the court’s resentencing decision. The bill would require the presumption favoring recall and resentencing to be overcome, if a court finds the defendant currently poses an unreasonable risk of danger to public safety.

<strong>Senate Bill 14</strong>

Senate Bill 14 would include human trafficking of a minor within the definition of a “serious felony” for purposes of the Three Strikes Law. This bill would impose a state-mandated local program.

<strong>Assembly Bill 2282</strong>

Assembly Bill 2282 is intended to expand conduct that would be considered a “hate crime.” Existing law establishes various offenses for a person who places or displays certain symbols, marks, signs, emblems and other physical impressions with the intent to terrorize a person. This bill would expand this offense to include hanging a noose, placing or displaying a sign, mark, symbol, emblem, or other physical impression for the purpose of terrorizing a person. For a first conviction, the defendant is exposed to imprisonment for 16 months, 2 or 3 years in custody and/or a fine not to exceed $10,000. The offense can also be charged as a misdemeanor, which could punish a person with imprisonment in a county jail not to exceed one year and/or a fine not to exceed $5,000. For a person’s second or subsequent conviction, a person can be punished for up to 16 months, 2 or 3 years and/or a fine not more than $15,000.

<strong>Assembly Bill 701</strong>

The increasing prevalence of fentanyl-related deaths has prompted legislative responses at various levels of government. Fentanyl is a potent synthetic opioid that has been a major contributor to the opioid epidemic, leading to a surge in overdose fatalities.

Existing law classifies controlled substances into five schedules. The greatest restrictions and penalties are placed on the use of substances placed in Schedule I. Fentanyl is currently classified as a Schedule II drug. A person is prohibited from possessing for sale or purchasing for purposes of sale specified controlled substances. A violation of this offense provides for imprisonment in a county jail for 2, 3, or 4 years. Existing law also imposes an additional term, and authorizes a trial court to impose a specified fine, upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing heroin, cocaine base, and cocaine, if the substance exceeds a specified weight.

Assembly Bill 701 would add fentanyl to the substances for which additional terms or fines, determined by the weight of the controlled substances, can be imposed and would require a defendant who violates those laws with respect to a substance containing heroin, fentanyl, or cocaine, as specified, to know of the nature or character as a controlled substance.

<strong>Assembly Bill 818</strong>

Existing law allows a court to issue temporary restraining orders or emergency protective orders during a pending criminal case involving domestic violence or elder abuse. In order for the orders to be effective, it is required that a copy of the restraining or protective order be served on to the defendant or respondent. Assembly Bill 818 would expand provisions requiring service of orders. The bill would authorize these orders to be served by a law enforcement officer who receives a request from the protected party to provide service of the order.

Assembly Bill 818 would require peace officers to take into temporary custody any firearm or deadly weapon in plain sight or discovered pursuant to a consensual or otherwise lawful search when at the scene of a domestic violence incident involving a threat to human life or physical assault, serving a protective order pursuant to the above provisions, or serving a gun violence restraining order.

<strong>Assembly Bill 455</strong>

Anyone convicted of a felony offense, specified misdemeanor, or domestic violence offenses are prohibited from possessing or receiving a firearm. Individuals convicted of specified misdemeanor offenses in California cannot possess or receive a firearm for 10 years following the conviction. Firearm prohibitions in California are also applicable to scenarios where an individual is a danger to themselves or others, when a person has been placed under conservatorship by a court, and when a person has been found mentally incompetent to stand trial.

When an individual is charged with committing a crime, and the court has determined there was a nexus between the crime and the defendant’s mental disorder, the court can grant the defendant what is known as Mental Health Diversion. This would allow the court to suspend criminal proceedings for up to two years to allow the defendant to undergo mental health treatment.

Assembly Bill 455 would authorize the prosecution to request an order from the court to prohibit a defendant from owning or possessing a firearm because they are a danger to themselves or others during the period of Mental Health Diversion. Once the defendant has successfully completed Mental Health Diversion, the defendant will again be permitted to own and possess firearms. This law will not go into effect until July 1, 2024.

<strong>Assembly Bill 732</strong>

As mentioned above, persons convicted of felony offenses, certain misdemeanor offenses, or domestic violence offenses are prohibited from possessing or receiving a firearm for specified periods of time. There are existing laws that require a defendant to relinquish any firearm they own or possess within specified periods of time. Individuals who are out of custody following a conviction must relinquish all firearms within five days after the conviction. The court is authorized by law to shorten or enlarge the time period for relinquishment with good cause. Assembly Bill 732 would amend this law to require individuals out of custody, following a conviction to relinquish firearms they own or possess within 48 hours.

<strong>Assembly Bill 92</strong>

Existing law makes it a felony for a person who has been convicted of a violent felony to purchase, own, or possess body armor. Existing law authorizes a person subject to that prohibition, whose employment, livelihood, or safety is dependent on the ability to legally possess and use body armor, to file a petition for an exception to the prohibition with the chief of police or county sheriff of the jurisdiction in which the person seeks to possess and use the body armor, as provided. This bill would make it a misdemeanor for a person who is prohibited from possessing a firearm under the laws of this state to purchase, own, or possess body armor, as specified.

<strong>Senate Bill 2</strong>

Existing law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. Existing law authorizes a licensing authority, if the applicant is of good moral character and has completed a specified course of training, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun.

Senate Bill 2 will modify current legislation to remove the “good cause” criteria that was previously required for the licensing authority to issue a permit to carry a concealed firearm. This is in response to the Supreme Court decision made in <em>New York State Rifle &amp; Pistol Association, Inc. v. Bruen</em>. Senate Bill 2 also disqualifies a person from receiving a concealed carry permit if they are under the age of 21 and/or are reasonably likely to be a danger to themselves, others, or the community.

While individuals would still be permitted to carry a concealed handgun with a permit, Senate Bill 2 expands places deemed “off-limits” to possess a concealed firearm (even with a permit) in designated “sensitive places.”

However, on December 20, 2023, a Federal District Court judge issued a preliminary injunction in <em>Carralero v. Bonta</em>. This lawsuit challenges the legality of Senate Bill 2. The preliminary injunction will block the enforcement of California’s ban on firearm carry in Senate Bill 2.

Staying informed about the latest developments in criminal law is vital for anyone navigating the justice system. At the Lieberman Law, APC, we are committed to providing you with the knowledge and resources you need to understand and protect your rights. If you have any questions or find yourself in need of legal assistance related to the new criminal laws in 2024, don't hesitate to call the Lieberman Law, APC for a free consultation. Together, we can navigate the legal landscape and work towards a just and fair resolution.

Disclaimer: This article is provided for informational purposes only and should not be considered legal advice. Please consult with an attorney for guidance on your specific legal situation.]]></content>
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