Blog Jay Leiderman Law

Tag Archives: specific intent

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 […]

MULTIPLE MEXICAN MAFIA CONSPIRACY COUNTS SHOULD BE DISMISSED FOR LACK OF EVIDENCE OF ANY OVERT ACTS BEYOND MERE PLANNING OR AGREEMENT. In California, the crime of conspiracy has four elements: “(1) an agreement between two or more people, (2) who have the specific intent to agree or conspire to commit an offense, (3) the specific […]

INTERSTATE THREATS: THAT THREATS WERE MADE FROM OUTSIDE CALIFORNIA DOES NOT MEAN THAT THE SPEAKER LACKED THE IMMEDIACY REQUIREMENT IN CARRYING THEM OUT. In People v. Melhado, (1998) 60 Cal. App. 4th 1529, 1538 the court grappled with the issue of the immediate prospect of carrying out a threat.  It said: “[W]e understand the word […]