Welcome to Orange County Criminal Law Info
The purpose of this website is to provide information to local Orange County residents about criminal defense and what is considered to be a crime. This site is not designed to be a substitute for a quality criminal defense attorney however we are committed to providing Orange County residents with as much information as we can so that if you are accused of a crime or arrested for a crime that you have a resource so that when you do hire an Orange County lawyer to defend you, you will be equipped with as much information as you need.

When do you need a criminal defense Attorney?
If you have been accused of any crime from a simple traffic violation to DUI to potentially first degree murder, you will need to find a good criminal defense attorney who will provide the best legal representation for your case. Why do you need an attorney for something as simple as a traffic ticket? Truthfully you don’t need one for a speeding ticket per se, but you would be surprised how many people get their tickets dismissed from having a quality criminal defense lawyer that knows the Orange County courts. No murder on the other hand that is simple why you need an attorney for that.  However be aware, there are several classifications of murder, which include capital, first degree, second degree, and third degree murder.  Charges vary by state and if you are convicted of murder, you can face 25 years to life in prison, not to mention the death penalty in some instances. So please if you are facing a murder charge here in Orange County California get yourself a top criminal defense lawyer.
Criminal Charges
There are two types of criminal charges. They are felonies and misdemeanors, we will discuss them all but will start with your felonies.

Capital Murder
Sometimes, the term capital murder is used to describe first degree murder with special circumstances involved (i.e. murder that was committed in connection with arson, kidnapping, torture).  If you are convicted of capital or first degree murder, you can face life in prison (without the possibility of parole) or the death penalty.

First Degree Murder
First degree murder is committed with intent and malice.  The prosecutor must prove beyond a shadow of a doubt that this murder was premeditated and planned beforehand.  The sentence is life in prison.

Second Degree Murder
Second degree murder is intentional and not planned beforehand.  The sentences for this type of murder are different in each state.

Voluntary Manslaughter
Voluntary manslaughter is different from murder because it is the killing of a person without malice.  For example, “heat of passion” is when a reasonable person commits a violent act at that moment.  It is unplanned and usually occurs when a person is provoked into a fit of rage.

Involuntary Manslaughter
Involuntary manslaughter is usually the result of hasty/hotheaded or criminal negligence.  A reasonable person, not intentionally, might put others in danger of a serious act, such as death.  The sentencing for this crime varies in each state.

Vehicular Manslaughter
Vehicular manslaughter happens when a motor vehicle accident causes death.  This usually occurs when the driver has been drinking or using drugs.  A person under the influence of alcohol or drugs will most probably put pedestrians and/or other drivers in danger.  When death is caused, the driver is charged with vehicular manslaughter.

What is kidnapping?
Kidnapping occurs when a person is intentionally taken against his or her will and is held in a confined place.  The victim is taken for purposes such as ransom or as a hostage.  Another example is when a parent who is denied legal custody takes this child from the custodian parent.

Kidnapping vs. Abduction
Abduction refers to taking women, children and men against their will.  The perpetrator has a number of ways of abducting a victim, which includes persuasion, lying or violence.  The perpetrator tries to convince the victim to come along with him or her and might tell a child that his or her mother said this.  Kidnapping and Abduction are basically the same crimes.

What is Negligent Homicide?
Negligent homicide occurs when there is a death resulting from another person’s negligence (i.e. a caregiver for an elderly person or a person who is handicapped in some way).  Another example is a reckless driver who kills a person simply because he or she was driving recklessly.  Negligent homicide is considered a lesser offense than murder.  The laws for this crime are different in most states.

What are the elements of a Negligent Homicide?
Negligent homicide includes:

• A caregiver who neglects to give the proper care to the person in his or her care
• When this neglect leads to the person’s death
• The death did not involve malice

What is Robbery?
To take another person’s property using violence is the definition of robbery.  Examples of robbery include holding up a bank or place that has a cash register, mugging a person, carjacking and grabbing someone’s purse with force.

Robbery vs. Burglary
Robbery is the act of using force while taking property from another person.  Burglary, on the other hand, occurs when a person breaks into a home or vehicle and steals property from within.  No violence usually occurs because the homeowners are either not home or asleep.  However, if violence is used during a burglary, assault charges may be added to the burglary charges.  Laws are different in every state so it is important to seek the advice of a qualified criminal defense attorney.

What is Armed Robbery?
Armed robbery includes a weapon.  Armed robbery is a more serious crime than robbery without a weapon.

What is Aggravated Robbery?
Aggravated robbery and armed robbery in some jurisdictions can be classified as the same crime.  A gun or knife is usually involved when aggravated robbery occurs.  Laws vary in different states.

What is Arson?
When a person intentionally sets a structure or property on fire for any reason, this is known as the crime of arson.

Degrees of Arson
The degrees of Arson are defined according to the end result of this crime.  For example, if a person was hurt or killed as a result of this fire, and the estimated value of the property that was destroyed.  If an individual or individuals died inside the property, the arsonist will be charged with murder.

Contributing to the degrees of arson is whether there was someone living inside the building, the time of day the fire was started or the distance of someone’s residence to the fire.  If a property owner sets the fire to collect on the insurance, they will be charged with third-degree arson.  This is a felony.

Resisting Arrest
If you try and prevent the officer from placing you under arrest by struggling or fighting with the officer and not allowing the officer to handcuff you, this is known as Resisting Arrest.  Other examples are not allowing the officer to put you into the police car or the holding cell.  Because this involves force against the officer, you can be charged with assault and battery.  If the officer used excessive force on you, you and your attorney can use this as a possible defense to fight the charges.

Making False Statements to the Officer
Most people will get upset when they are arrested and tell lies or give false statements to the officer.  This can lead to criminal charges.

Criminal Property Damage
Criminal property damage occurs as a result of an individual’s negligence or because of intentional action to destroy another person’s property (home, vehicle, arson, graffiti, breaking windows, etc).  Penalties depend upon the estimated value of the damage and vary in each state.

Criminal Trespassing
Criminal trespassing is when an individually enters a home, business, vehicle without the owner’s permission or authorization.  This is considered a criminal act when the individual has intentions of injury a person or their property, or plans to commit a theft or arson.

What is Date Rape?
The definition of Rape is sexual intercourse without the consent of one of the parties.  It is usually committed involving violence or the threat of violence.  When date rape occurs, the victim usually knows the attacker but has not consented to intercourse with that person.  Alcohol and drugs are always involved in date rape.

Forcible Rape
When forcible rape occurs, the victim usually does not know the attacker.  Alcohol and drugs are not always used; the attacker might have planned the attack.  Forcible rape is a violent crime as well as a sexual crime – the consequences can be very serious.

What Constitutes Consent?
A person who says "no" to sex is denying consent.  A person can be non-consensual if that person is:

• Being forced to have sex
• Has been given alcohol or drugs
• Impaired mentally
• Is a minor

The line between consensual and non-consensual sexual intercourse can be easily blurred.

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