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RECENT NEWS

New Law: Veterans Now Eligible for DUI Diversion

By michaelfannon • August 25, 2017
On August 7, 2017, Governor Brown signed SB 725 which amends Penal Code section 1001.80 regarding veteran’s diversion by adding subdivision (l) to take effect as urgency legislation. Subdivision (l) now states: “Notwithstanding any other law, including Section 23640 of the Vehicle Code, a misdemeanor offense for which a defendant may be placed in a [..] The post New Law: Veterans Now Eligible for DUI Diversion appeared first on Ryan Birss, Attorney at Law.

Proposition 57 Update

By michaelfannon • July 26, 2017
My friend Douglas Fienberg from the Fresno County Public Defender’s Office has been carefully tracking the proposed rules for Proposition 57.  You can see the proposed rules here: http://www.cdcr.ca.gov/proposition57/docs/Prop-57-Public-Comment-Regs.pdf. Here is the latest from Mr. Fienberg: There are at least four problems with the proposed regulations. First, the proposed regulations exclude people subject to indeterminate [..] The post Proposition 57 Update appeared first on Ryan Birss, Attorney at Law.

California Proposition 57: What You Need to Know

By michaelfannon • November 21, 2016
On November 8, 2016, California voters approved Proposition 57, also known as the California Parole for Non-Violent Criminals and Juvenile Court Trial Requirements Initiative. Here’s a brief look at what Proposition 57 means to California and its citizens. New parole opportunities for those convicted of non-violent felonies. Proposition 57 changes the time calculation for parole [..] The post California Proposition 57: What You Need to Know appeared first on Ryan Birss, Attorney at Law.

Self-Defense

California gives you the right to use force, including deadly force, to protect yourself from harm. If you lawfully acted in self defense, you cannot be convicted of a crime.


For self defense to apply, you must have acted reasonably for the circumstances. This includes a fear of injury or death, a belief that force was necessary to prevent it, and using no more force than was necessary. California is a stand your ground state meaning that you are not required to try to run away before using force.


In a self defense case, the prosecution has the burden of disproving self defense beyond a reasonable doubt. You do not need to prove anything nor do you have any obligation to present evidence. However, you will almost always want to present your side of the story in court. This may mean having your defense attorney aggressively cross examine prosecution witnesses, present additional witnesses and other evidence on your behalf, and discuss with you whether you should take the stand.


Need an experienced criminal defense attorney serving Shasta, Trinity, Tehama, Siskiyou, and Butte Counties to help you with a self defense claim? Call us to schedule a consultation today.