Blog Jay Leiderman Law

Category Archives: Assault

The case of People v. Irvin, 43 Cal. App. 4th 1063 is apposite.  In that case the sentencing judge said even more to distinguish that time interval necessary to reflect and that was rejected as insufficient in Irvin.  The established case law mandates a reversal of the consecutive counts in this case: In this case […]

COUNT 3 MUST BE DISMISSED BECAUSE THE EVIDENCE SHOWS ONLY A MEXICAN MAFIA SOLICITATION UNDER PENAL CODE § 653f(d), NOT A CONSPIRACY. Penal Code § 653f(d) states, in relevant part: Every person who, with the intent that the crime be committed, solicits another to commit an offense specified in Section 11352, 11379, 11379.5, 11379.6, or 11391 of […]

Why is it forever necessary for one to defend a career choice?  On the Defense of Criminals is my personal statement, taking a historical and political view of why one would undertake the defense of criminals, and why every lawyer should, at least once in their career, undertake the endeavor. On the Defense of Criminals; An […]

COUNT 17 MUST BE DISMISSED FOR LACK OF EVIDENCE OF THE MEXICAN MAFIA’S SPECIFIC INTENT TO COMMIT AN ASSAULT WITH A FIREARM. Count 17, if not dismissed for want of overt action, should be dismissed on the alternative basis that the prosecutor failed to present evidence on the element of specific intent.  Count 17 alleges […]