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Common Examples of Disturbing the Peace in Ca...

Common Examples of Disturbing the Peace in Ca...

Disturbing the peace is a common minor offense that many people face in California. While it may carry the potential of a fine and jail time, these charges can often come from mundane situations that are not severe enough to warrant jail time. The following examples may help you understand some common ways that people commit the crime of disturbing the peace in California. If you or your child was arrested for disturbing the peace in the Ventura area, talk to the Ventura criminal defense lawyers at The Law Offices of Bamieh and Erickson today. Disturbing the Peace vs. Disorderly Conduct in CA Many states use the term “disorderly conduct” for the same conduct that California calls “disturbing the peace” or “breach of the peace.” These offenses are usually somewhat nonviolent crimes that deal with being loud or disruptive or starting a fight in a public place. The Model Penal Code, written by the American Law Institute in 1962, created a suggested standardized criminal code that many states adopted. In this code, “disorderly conduct” was the name given to crimes that involve disturbing the peace. However, California did not adopt this code, and its “disorderly conduct” law is very different. While “disturbing the peace” under Penal Code 415 is somewhat close to what people might commonly call “disorderly conduct,” California’s “disorderly conduct” offense under Penal Code 647 is very different. This crime deals with solicitation of prostitution, peeping, and performing sexual acts in public, though it also deals with the crime of being intoxicated in public. Examples of Breach of the Peace in California Committing a crime does not...

When Does a DUI Become a Felony in California...

California’s drunk driving laws create incredibly harsh penalties for driving under the influence (DUI). When you are caught behind the wheel with alcohol or drugs in your system, you could face penalties that include jail time and incredibly high fines and assessments, even for minor or borderline cases. Because of this, it is vital to have one of our Ventura DUI defense lawyers at your side, especially if your DUI charges are severe enough to qualify as a felony. The Law Offices of Bamieh and Erickson’s defense lawyers explain when a DUI is charged as a felony in CA. Types of Felony DUIs in California Many offenses in California can be classified as either a misdemeanor or a felony based on details of the crime and how it was committed. In general, a misdemeanor is any crime punished by up to a year in jail, whereas a felony is any crime punished by a potential of more than a year in prison. In any case, the fact that these are the standard penalties does not automatically mean you will face the maximum penalties; you may even avoid jail time altogether if you can receive probation for a felony offense. Typically speaking, the elements that bump an offense from a misdemeanor to a felony usually deal with the offender’s motives or the level of harm caused by the crime. For instance, some offenses, like DUI, will become more serious if there is an added level of recklessness and disregard for the safety of others. Alternatively, crimes become a felony when more harm is done, such as a theft offense becoming...
How Long Can a Divorce Take in California?...

How Long Can a Divorce Take in California?...

Many divorces can take a long time because there involve complex issues to work out. Other divorces are simple and can be finalized quite quickly. Depending on the facts of your case and the attitudes of both parties, the length of your divorce case can vary. The Ventura divorce lawyers at The Law Offices of Bamieh and Erickson explain. How Long Does It Take to Get Divorced in CA? On the short end, a divorce will take at least 6 months. In California, there is a waiting period that begins when you serve your spouse with divorce papers. The law requires you to wait 6 months before they will finalize your divorce. Note that this waiting period starts from the day you serve your spouse with divorce papers, not the day you file the divorce petition with the court – so the earlier you serve your spouse the divorce papers, the sooner the divorce can take place. This may have originally started as a move to prevent spouses from rushing into a final decision hastily, but most people do not take the step of filing for divorce until they are already sure. Instead, this 6-month waiting period now gives the court time to schedule your court appearances and gives you and your spouse time to work out an agreement, if you decide to use an agreement. Divorces take longer if one side contests the divorce. Any time there is pushback against the divorce, you can expect the court to have to hold hearings and listen to both sides’ arguments regarding asset division and other issues. If both parties are...
Can You Contest a Default Divorce in Californ...

Can You Contest a Default Divorce in Californ...

If you do not respond to a divorce petition or you respond past the deadline, the judge may enter a “default judgment” against you. In a default divorce, the court essentially understands that you did not want to respond, and the case proceeds without you. This means the divorce will be granted and any chance you had to negotiate terms goes away. Before the default judgment, you always have the chance to contest the terms of your divorce case. If you are too late for that, you may be able to fight a default in some cases. The Ventura divorce lawyers at The Law Offices of Bamieh and Erickson explain. Can You Avoid a Default Judgment in Divorce? Avoiding a default divorce is as simple as responding to the petition and participating in the case. A divorce lawyer can guide you through this process, handling much of the process on your behalf. While you may need to appear in court and answer some questions, you can always avoid a default judgment by simply responding and participating in the divorce case. When your spouse files for divorce, you will be served with divorce papers and get the chance to respond in court. The “petitioner” who files for divorce must give the “respondent” proper notice of the divorce and serve them with the court documents according to strict procedural rules. The respondent also must follow procedural rules and respond to the petition under the deadline. If you refuse to respond to the divorce petition or you wait too long to respond, the court will go ahead with the divorce without you....
What is a “Default Divorce” in California...

What is a “Default Divorce” in California...

Every divorce case works differently. While California only has one set of grounds for divorce under its no-fault divorce rules, every couple has different goals and views on the divorce. If you were served with divorce papers and do not want to get divorced or refuse to sign a divorce agreement, you could still be divorced by default. In any divorce case, it is important to talk to an attorney and respond to court filings promptly. The Ventura divorce lawyers at The Law Offices of Bamieh and Erickson will discuss how a default divorce works and what you can do to avoid defaulting on divorce proceedings. For a free consultation on your divorce case, contact our law offices today. When is a Divorce a “Default Divorce” in CA? The process for divorce can be quite different depending on the amount of control you want to exert over your case. In some cases, you may fully control most aspects of the divorce by forming your own divorce agreement with your spouse instead of relying on the court’s rulings. A “default” divorce occurs when you simply ignore the proceedings and let the divorce happen without any input. When filing for divorce, one party usually files with the court. This party, the “petitioner,” is similar to the “plaintiff” in other civil lawsuits. When someone files divorce papers, they must serve the other party, the “respondent,” who is similar to a “defendant.” This service requires following certain procedural rules to make sure it is delivered to the right address in the right way to give the respondent notice of the divorce hearing and...
Is Spitting on Someone Assault in California?...

Is Spitting on Someone Assault in California?...

Many times, when someone is under arrest or involved in a serious altercation, they may spit at the other person if they don’t have a free hand to do anything else. Alternatively, people may spit at someone to show their disgust or anger rather than hit them. Unfortunately, even though spitting isn’t particularly dangerous, it may still lead to criminal charges in California. For help with your charges for spitting at or assaulting someone, contact the Ventura assault defense lawyers at The Law Offices of Bamieh and Erickson today. When is Spitting Considered Assault and Battery in California? The crimes of “assault” and “battery” are closely linked. While battery is the offense of striking someone else or using “force or violence” against them, assault is the attempt to use violence while you have the “present ability” to harm them. Spitting on someone is clearly not a particularly violent act, and, unless you spit in their eye, you are unlikely to harm them. Still, this could be charged as assault and battery. California law is quite broad in what it considers “unlawful use of force or violence upon the person” in Penal Code § 242. In some cases, even non-violent or non-forceful acts can be considered assault if the touching involved in the case is offensive or unwanted. While spitting on someone does not mean you came into direct contact with them, when the spit contacts the person, it is still considered an offensive or unwanted touching. Even if there is no way that this could lead to harm, such as spitting on the person’s shoe, it could still be...
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