Within the United States, there is not a great deal of knowledge about what torture is because it is something that is not commonplace. That being said, there are protections against those who are victims of torture and need to seek some form of relief for their treatment. Additionally, there are protections for those who are being incorrectly accused of committing acts of torture as well. Given that the accusation of torture is so severe, it is imperative that one understands what torture exactly is in order to avoid having a charge as unforgivable as torture on their record.
In order to be convicted under charges of torture in the state of California, an individual has to satisfy a three prong test in order to be held liable. The three prong test consists of the act of inflicting severe or great bodily harm on another person with the intent to cause cruel or unjust extreme pain and suffering with the sole purpose of extortion, revenge or any purpose that is sadistic. What is fascinating about the definition of the crime of torture within the state of California under PC 206 is that the victim does not actually have to experience excruciating pain in order for the defendant to be charged with torture. The key for the defendant to be charged with torture is that they had the intent to cause the severe pain, even if they did not in fact carry out that pain.
If one is charged with torture within the state of California, it is immediately considered a felony rather than a misdemeanor due to the severe nature of committing the act of torture provides. An individual can have a sentence of life in prison and a fine of up to $10,000 for committing acts of torture. If you are being charged with torture and you are innocent or guilty, it is absolutely crucial that you seek a defense attorney who can assist you with your case. The reason for this is that there are some potential defense theories to explore if you are charged with the crime of torture. Some examples of these relevant defense theories are: you were falsely accused, you were forced to commit acts of torture to defend yourself or others or you had absolutely no intention to cause any extreme or cruel pain to your victim.
If you are currently facing torture charges or would like to charge the person who inflicted torture on you in a court of law, it is highly recommended that you seek legal counsel. Our firm specializes in providing informed legal counsel to those who are in need of an attorney to represent them. The best way to figure out whether our firm is the right fit for your current case is to schedule a consultation appointment with us in order to discuss the facts of your case. By doing this, you will be able to discuss in depth with one of our attorneys so that they can ascertain whether your case is the ideal fit for our firm’s caseload at the present moment. Upon doing this, you will be able to decide to retain our services and you will be one step closer to going through your legal procedures and having a resolution to your case. Thus, do not hesitate to reach out to us today. We would be honored to assist you in your upcoming legal matter.
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