I don"t believe they would be defenses since assault is a general intent crime.

I want to weigh in but there are so many ways to go, all of them bad. I'll think I'll let my friends Robert Marshall and Jay Finnecy take the...

Can a California sex offender coming out of prison move immediately out of state? That is while being on parole I'm sure.

No. He'll be on parole, which means he would need to get parole's permission and register as a sex offender as soon as he gets out. If he wanted...

If a 20 y.o supposeday had sex with a girl who claims she's 18 on a hook up site but she's not, can he face criminal charges?

I agree whole heartedly with Mr. Dane. IF she said she was 18 but looked like a 12 year old, the fact she said she was 18 won't do him much good. ...

Could I REOPEN a case dating back to 2003? No contest plea. Further more, in 2009, it was dismissed under 1203.4

You clearly cannot reopen the case but I'm wondering if a certificate of rehabilitation and a pardon might work? The Governor granted 60 pardons...

Is it legal to record a conversation in California without the knowledge of the person being recorded?

I fully agree with my colleagues, but since I handle mostly sex cases, I'm wondering if this was a pre-text call, because then the answer is yes. ...

Definitely needs the services of an experienced criminal defense attorney.. Seems like a mickey mouse charge but who knows what the DA will do? ...

Say a couple decide to have intercourse. the girlfriend has just turned 18 and the boyfriend is still 17, would it be rape?

Yes. The girlfriend is guilty of misdemeanor statutory rape but would not have to register as a sex offender. A minor cannot consent to having sex...

I have a bench warrant i never knew about...

You"ll need to get the warrant. Assuming it is not a no bail warrant? An attorney may be able to get it recalled and put back on calendar. Good...

CAN MY HUSBAN APPEAL LIFE WITHOUT PAROLE ? HE WAS CONVICTED W OUT ENY EVIDENSE OF ENY KIND ?

Seriously? There was NO evidence whatsoever but your husband was convicted - no statements, no physical evidence, no gunshot residue, no...