Criminal Defense

the penal code of the state of california describes every appearance of criminal law in california. One of the most necessary aspects of a scheme of criminal laws is defining who can and can’t be tried for crimes. The california code specifies six conditions underneath which an individual who has been implicated in a criminal act can refrain from trial.

children who are underneath the age of 14 can’t be tried for a crime, but only whether or not it can be shown they did not perceive the illegality of their activenesses. Children underneath 14 who acknowledge what they are busy with is incorrect are improbable to be tried as adults, but can still face the court for their activenesses. Children who are over 14 can be tried for their crimes disregarding, and can even be tried as an adult for galore crimes.

people who are badly mentally incapacitated can’t be tried either. Persons with serious mental retardation can’t be tried because they lack the ability to perceive the full consequences of their activenesses. On a related note, the defense by reason of insanity is not many times a successful one, accept with persons who are extraordinarily mentally ill. A mental illness must be serious enough to be incapacitating, or to make the person unable to perceive the circumstance.

two other conditions underneath which an individual can refrain from trial is whether or not their activenesses took place underneath “mistake of fact” with no criminal intent, and not being conscious of one’s activenesses. Stated differently, whether or not it can be shown that an individual was misled or lacking in knowledge in a manner that led them into activenesses that were illegal, without them realizing their activenesses were illegal, they can’t be tried. An individual who was obviously unconscious at the time of their activenesses-an individual with a serious sleep disorder, for example-can also refrain from trial.

similar to the above, persons who committed crimes wholly by “misfortune or accident” wouldn’t be tried either, so long as no malice, culpable negligence, or criminal intent can be demonstrated. Must circumstances outside someone’s control result in them without advance planning committing a crime, they’ll not be tried.

lastly, persons who commit crimes underneath serious threat of violence are not to be tried. The threat must be a serious one, putting the person’s life in real peril. As well, the crime they commit can’t be one punishable by death (suchlike murder) without criminal proceedings.

if you have been charged with a criminal offense, and think that circumstances were such that you better not be tried, the skilled san jose defense law office of daniel jensen can support you. To talk about your case with an experienced defense lawyer, contact daniel jensen today.