Law Offices of Javier A. Solano

 


Drug Violations
Sexual Assault
Rape
Domestic Violence
Assault and Battery
DWI
Murder



Drug Violations

There are two major categories of drug violations: possession and distribution.

Possession
It is illegal to possess a substance defined under federal and state law as a "controlled substance" without authorization. Possession includes having a "substance" physically on your person (jacket, bag, pocket, etc.) or in an area which you control (your house, car, apartment, yard, etc.).

Distribution
It is illegal under federal and state law to possess a substance defined as a "controlled substance" with the intent to distribute, sell, or transfer to another, without proper government authorization.
The classification of the defense as distribution is determined by the person's conduct, including but not limited to selling or attempting to sell the substance, or by the amount or weight of the substance that is possessed or controlled (meaning that the narcotic need not necessarily have to be in your possession, if you control its sale or distribution). Back to top

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Sexual Assault

It is illegal pursuant to state law to physically touch another person on their "private" body parts with intent and without their consent.
A conviction pursuant to this law generally can result in a prison sentence or a period of probation, depending upon two factors: the criminal history of the defendant, and the age and susceptibility of the victim. These laws often require a person who is convicted to register with state authorities as a "sexual offender." Back to top

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Rape

It is illegal pursuant to state law to physically touch another person on their "private" body parts with intent and without their consent.
A conviction pursuant to this law generally can result in a prison sentence or a period of probation, depending upon two factors, the criminal history of the defendant, and the age and susceptibility of the victim.
These laws often require a person who is convicted to register with state authorities as a "sexual offender." Back to top

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Domestic Violence

The law prohibits physical violence or threats of physical violence between individuals who share a "domestic" relationship (attempting to cause or causing physical harm or placing another in fear of imminent serious physical harm).
A domestic relationship is generally defined as a relationship between spouses and former spouses, persons who are or were living together, persons who are or were related by blood or marriage, parents of a minor child (regardless of whether they have ever married or lived together), and persons "who are or have been in a substantive dating or engagement relationship.
Recently the penalties for a conviction of Domestic Violence have become more severe. The courts and the prosecutors generally require that an individual undergo therapy or join an "anger management" program. Back to top

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Assault and Battery

An assault is either an attempted battery or an unlawful offer of harm that places another person in reasonable fear or apprehension of an immediate battery. Battery is the harmful or offensive touching of another person, without justification or excuse.
This type of conduct includes most acts of violence or attempted violence. The incidents become more serious if dangerous weapons are used or severe injury is caused.
The penalties for this type of crime range from a prison sentence to a period of probation, depending upon several factors, including the criminal history of the defendant, the nature of the force or violence, the type of injury that resulted and the characteristics of the victim (child, elderly person, mentally disabled, sick or infirmed). Back to top

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DWI

In general it is unlawful to operate a motor vehicle on a public road or way while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants, or stimulant substances.
The penalties for a violation of this law include probation or a jail sentence depending upon the number of times that a person has been convicted previously, and whether there was serious damage to persons or property. The courts and prosecutor will routinely require completion of an alcohol or substance abuse education program as part of any sentence. Back to top

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Murder

In order for someone to be found guilty of first degree murder, the government must prove that the person killed another person with malice aforethought, and that the killing was premeditated.
Involuntary manslaughter is "an unlawful homicide, unintentionally caused in the commission of an unlawful act, malum in se, not amounting to a felony nor likely to endanger life or by an act which constitutes such a disregard of probable harmful consequences to another as to constitute wanton or reckless conduct."
Voluntary manslaughter is an unlawful homicide arising not from malice, but in sudden passion induced by reasonable provocation, sudden combat, or excessive force in self-defense. Back to top

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