Domestic Violence

Domestic Violence (PC 273.5):

California domestic violence laws make it illegal to use physical force or to communicate threats of harm against an intimate partner or cohabitant. Common DV crimes include (but are not limited to): PC 243(e)(1) pc Domestic Battery, PC 273d pc Child Abuse, PC 368 Elder Abuse, PC 422 Criminal Threats, and PC 273.5 Corporal Injury to a Spouse or Cohabitant.

California DV laws also present serious legal issues for immigrants who are not United States citizens. Most DV offenses are crimes of ‘moral turpitude’ and a conviction will most likely result in deportation and lose the opportunity to eventually naturalize.

Penalties (PC 273.5):

The penalty and punishment under California domestic violence law depends on two factors: the seriousness of the injuries and the defendant’s criminal record. Judges will more than likely require that defendants attend a year long domestic batterers class. Most counties impose at least a 30 day jail sentence, even for first-time misdemeanor convictions. Most importantly, a California DV conviction goes on one’s permanent criminal record, which will be visible during any routine background check. This can make it difficult to gain employment and/or receive benefits.

Legal Defenses (PC 273.5):

Whether you are wrongly accused, you acted in self-defense, or you claim that the incident was an accident, we will work with you and the circumstances of your case to get the charges reduced or dismissed, and keep your criminal record clean.

May 5, 2015May 7, 2015

Juvenile Crimes

Juvenile crimes are any crimes committed by a person under the age of 18 being handled in the Juvenile Court system. The Juvenile Court system seeks to rehabilitate young offenders rather than punish them so it offers a wide range of jail alternatives, including:

Treatment programs
School-based programs
Social service programs
Juvenile detention
Probation
Community service

If your young person is involved with the California juvenile justice system, you need a strong legal advocate on your side to see that your child and your family comes out of this with the best chance for a good future.

We have been representing juveniles facing all types of criminal charges, both in California Juvenile Court and in adult courts, for many years. You won’t find many attorneys with more experience than we have in criminal defense. We’ve represented young people charged with:

Theft crimes, including auto theft, joyriding, shoplifting, petty theft, and burglary
Trespassing
Underage drinking and drunk driving
Drug crimes, such as possession of marijuana, possession of meth, possession with intent to sell, and distribution and manufacture of drugs
Sex crimes, including date rape, sexual battery, and child molestation
Gang-related crimes
Weapons offenses
Juvenile violent crimes, such as assault and battery, assault with a deadly weapon, kidnapping, manslaughter or murder

Depending upon the severity of the crime, the young person’s history of criminal offenses and the strength of the case, many young people will find alternatives to jail time available to them.

What to do as a parent

If your child is involved in a juvenile delinquency case that means he or she is accused of breaking the law.

The court will consider how old your child is, how serious the crime is, and the child’s criminal record if any. The court can order that:

Your child live with you under court supervision.
Your child be put on probation. He or she may have to live with a relative, in a foster home or group home, or in an institution.
Your child be put on probation and sent to a probation camp or ranch.
Your child can be sent to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (also called “DJJ”). If your child is tried in adult court, he or she will be sent to the Department of Corrections and Rehabilitation, Division of Adult Operations (also called “CDCR”).

If your child is sent to the California Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ), he or she will go to a “reception center” for the first 30 to 90 days. The center will find out what education and treatment your child needs. Then your child will go a correctional facility or youth camp.

May 5, 2015May 7, 2015

Lewd Acts with a Child/Child Molestation

Lewd Acts with a Child/Child Molestation (PC 288):

Child Molestation is a serious charge that carries serious legal and social consequences. An accusation of this nature can ruin an innocent person’s life. While there are many types of child molestation, almost any conviction will result in having to register as a sex offender for life. The charge under Penal Code 288 PC makes it illegal to touch a child under the age of 14 with sexual intent. Even “touching” a child through clothing is a crime under this section. According to the law, a child under 14 cannot consent, therefore making a consensual defense in implausible under this section.

When these acts are committed against a child 16 or 17 years old, it is no longer considered child molestation; it will be prosecuted as statutory rape or sexual battery. However, both charges require the accused to be subject to the lifetime sex offender registration.

Penalties (PC 288):

Perhaps the most severe consequence of being convicted under this statute is that a PC 288 conviction triggers a lifetime duty to register as a sex offender. Any conviction under PC 288 will result in this mandatory requirement.

If convicted of lewd acts upon a child under the age of 14, the offense is considered a felony with a sentence of 3 to 8 years in a California State Prison. If any force was used on the child involved, you could face anywhere between 5 to 10 years in a California State Prison. When the act(s) are committed against a child age 14 or 15, and the accused is at least 10 years older than the child, then you could face anywhere from 1 to 3 years in county jail.

Legal Defenses (PC 288):

Common defenses to a PC 288 charge include (but are not limited to): the accuser is mistaken or fabricated the truth, the contact was accidental, and that were was no intent to cause sexual arousal. We have also found in some cases there is a third party involved, in which the third party “coaches” the child into making a false allegation of sexual conduct.