Federal Crimes

Generally speaking, the principles of criminal defense are the same at the Federal level as they are at the state level. However, procedures and rules are quite different. It’s important to have an experienced attorney who has been admitted to practice in your federal district. Of all criminal charges, the most intimidating can be federal charges. The federal government has virtually unlimited money and resources to pursue its charges. It often takes years to build a case.
If you learn that you are under investigation for a federal charge, it is very likely that you will be charged. By the time you are charged or indicted, the feds will have built a substantial case against you. Because of their vast resources, that evidence may include wire taps and video surveillance. Our experienced attorneys can help you defend your case, it is important that you consult with us as quickly as possible.

“In the United States, a federal crime or federal offense is an act that is made illegal by U.S. federal legislation. Prosecution happens at both the federal and the state levels; thus a “federal crime” is one that is prosecuted under federal criminal law, and not under a state’s criminal law, under which most of the crimes committed in the United States are prosecuted.

This includes many acts that, if they did not occur on U.S. federal property or on Indian reservations or were not specifically penalized, would otherwise not be crimes or fall under state or local law. Some crimes are listed in Title 18 of the United States Code (the federal criminal and penal code), but others fall under other titles; for instance, tax evasion and possession of weapons banned by the National Firearms Act are criminalized in Title 26 of the United States Code.

Numerous federal agencies have been granted powers to investigate federal offenses to include, but not limited to, theBureau of Alcohol, Tobacco, Firearms, and Explosives, Drug Enforcement Administration, Federal Bureau of Investigation,U.S. Immigration and Customs Enforcement, Internal Revenue Service, and the Secret Service.

Mail fraud which crosses state lines or involves the (national) United States Postal Service is a federal offense. An equivalent offense, under Canadian criminal law, is theft from mail^[1] (section 356 of the country’s Criminal Code).

Other federal crimes include aircraft hijacking, kidnapping, bank robbery, child pornography, obscenity, tax evasion,counterfeiting, violation of the Espionage Act, wiretapping, art theft from a museum,^[2] damaging or destroying public mailboxes, immigration offenses, and since 1965 in the aftermath of the President John F. Kennedy’s assassination, assassinating the President or Vice President.^[3]

In drug-related federal offenses mandatory minimums can be enforced. Federal law is implicated when a defendant manufactures, sells, imports/exports, traffic, or cultivate illegal controlled substances across state boundaries or national borders.^{[citation needed]} A mandatory minimum is a federally regulated minimum sentence for offenses of certain drugs.^[4]

Prosecution guidelines are established by the United States Attorney in each federal judicial district and by laws that Congress has already established.” –wikipedia

May 5, 2015May 7, 2015

Grand Theft

Grand Theft (PC 487):

In California, the crime of theft is defined as the unlawful taking of someone else’s property. It is considered grand theft under Penal Code 487 if the property is valued over $950. If convicted of grand theft, you may face many repercussions to your professional and personal life. Examples of grand theft include (but are not limited to): shoplifting an item valued higher than $950, embezzling money in great amounts from an employer, or breaking into a home to steal personal items worth thousands of dollars.

Penalties (PC 488):

This is considered a “wobbler”, meaning the prosecutor has the discretion to charge a person with a misdemeanor or felony. A misdemeanor charge carries up to one year in county jail. For felony grand theft, you may be sentenced up to three years of incarceration.

Legal Defenses (PC 488):

In a typical grand theft case, our attorneys will strive to prove several factors: that you did not intend to steal, you took the alleged stolen property because it actually belongs to you, and the person who the item was taken from gave you consent to do so, and/or that you are falsely accused of a crime you did not intend to commit.

California

“Grand theft is committed when the value of stolen property exceeds $950. Theft is also considered grand theft when more than $250 in crops or marine life-forms are stolen, “when the property is taken from the person of another,” or when the property stolen is an automobile, farm animal, or firearm. There are a number of criminal statutes in the California Penal Code defining grand theft in different amounts. Most common amount is $950.00.” –wikipedia

May 5, 2015May 7, 2015

Assault with Deadly Weapon

Assault with Deadly Weapon “ADW” (PC 245):

The California crime of assault with a deadly weapon is defined under Penal Code 245 as an act committed with a so-called “deadly weapon,” or by means of force to produce great bodily injury.

Penalties (PC 245):

This crime is considered a “wobbler,” meaning that the prosecutor may charge you with a misdemeanor or felony as it depends on the circumstances of the case. Key factors include: the type of weapon used, whether the victim sustained an injury, and whether the victim was a police officer, firefighter, or other protected individual.

If charged with a misdemeanor, you can expect to serve one year in county jail. If charged with a felony, you can expect to serve anywhere between 2-4 years in state prison.

Legal Defenses (PC 245):

One of the surprising factors of being charged with ADW is that you can be convicted of this crime even if no one sustained any injuries. Several defenses include: you were wrongly accused, you did not have the intent to act willfully towards another person, you acted in self-defense, and/or you did not have the ability to inflict force on the other person. There are many instances where you may believe that the only viable option is to use force to defend against danger and/or that the amount of force you used seemed reasonably necessary to defend against that danger.

May 5, 2015May 7, 2015

Battery

Battery (PC 242):

Battery is the actual use of force or violence on someone else. The legal definition is as follows: you touched someone else, willfully, in a harmful or offensive manner. If all three elements are not proven by the prosecutor, then you are not guilty of PC 242 battery. The second element, “willfully,” means that you acted willingly or on purpose; this does not mean that you necessarily intended to break the law, hurt someone else, or gain any advantage. In other words, whether or not you intended to commit battery, you must have intended to perform the motion that caused the battery to be guilty of the crime. For example, if out of anger you throw an object and it happens to hit a person in the head, you may be guilty of Penal Code 242 battery; even if you did not intend to commit the battery you are still guilty because you intended to throw it, which created the risk itself.

Penalties (PC 242):

Simple battery that does not cause serious injury and is not committed against law enforcement or other protected persons- is a misdemeanor under California Penal Code 242. A misdemeanor conviction can potentially land you up to 6 months in county jail, fines up to $2,000, and/or a period of informal (summary) probation.

Legal Defenses (PC 242):

There are various defense techniques that our skilled criminal defense attorneys can use in order to help beat battery charges. In many scenarios, we can argue that you acted in self-defense or in defense of someone else or that you did not act willfully and that it was an accident.

May 5, 2015May 7, 2015

Gang Related Crimes/Gang Enhancements

Gang-Related Violence/Gang Enhancements (PC 186.22):

Penal Code 186.22(a) is the crime of participation in a gang and Penal Code 186.22(b) is defined as the gang sentencing enhancement. The second part (b) is an actual sentence enhancement (an addition to the penalty) for anyone who commits a felony for the benefit of the crew. The first part of the law makes it illegal for anyone to participate in a street crew and/or assist in any felony criminal conduct.

California law punishes crew members on a grand scale and much more harshly than those people who have no gang ties; Penal Code 186.22 is part of the “STEP Act” (California Street Terrorism Enforcement and Prevention Act), which punishes gang members, and those who associate with gang members. In order to be convicted under Penal Code 186.22(a), these three elements of the crime must exist: that you actively participated in a criminal street gang, you know of the gang’s criminal activity and the members engaged in it, and you willfully assisted/promoted felonious criminal conduct by gang members.

Penalties (PC 186.22):

The participation in a criminal street gang (PC 186.22(a)) is a wobbler in California law; the prosecutor decides whether to charge you with a felony or misdemeanor. The maximum sentence you can receive if convicted under 186.22(a) PC is 1 year in county jail and/or fines up to $1,000.

If you are convicted of a felony, you may face 16 months to 2 years in the California State Prison. Penal Code 186.22(b) sets forth the actual California criminal gang sentencing enhancement. Assuming that the prosecutor can prove all the “elements” of the sentencing enhancement, a PC 186.22(b) conviction could mean anywhere from 2 to 15 years, or even 25 years-to-life, in prison.

Legal Defenses (PC 186.22):

Potential legal defenses that can be used against a Penal Code 186.22 PC charge include (but are not limited to): arguing that you did not commit the underlying felony, that you are not an “active participant” in a criminal street gang, that you were not acting for the benefit of the crew, and/or arguing that the gang sentencing enhancement would go against “the interests of justice.”

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

Child Pornography

Child Pornography (PC 311.11):

Child Pornography is a criminal defense that is defined as any visual depiction involving the use of a minor, or one appearing to be a minor, engaging in a sexually explicit conduct. Visual depictions include video, pictures, drawings, animations, film, photographs or computer-generated images or pictures. Child Pornography has become problematic due to the Internet and technological advances. In addition, altering a photo or video to depict a minor in a sexually explicit way could also be considered Child Pornography (for example, editing the face of a minor onto a nude body of an adult).

Under this statute, a minor is any person under the age of 18 years old. Also, it is a crime under this statute to knowingly possess, distribute, receive, or possess with the intent to distribute, any form of child pornography; even if you were not the one who produced the pornography.

Penalties (PC 311.11):

Child Pornography is both a federal and state crime. In regards to the federal government, Child pornographers can be prosecuted by the FBI, the Department of Justice, the U.S. Postal Inspection Service, U.S. Customs, and the U.S. Attorney General. Child pornography convictions can result in 15 years in federal prison as well as the lifetime sex offender registration requirement. In the State of California, a PC 311 conviction could lead to a 6 year prison sentence and up to $100,000 in fines.

Legal Defenses (PC 311.11):

Defenses to child pornography may include: entrapment, undisputable innocent and/or mistakes. Many people would never intentionally distribute or facilitate child pornography; therefore, this is a charge worth fighting if you find yourself under these circumstances.

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.

May 5, 2015May 7, 2015

Lewd Conduct

Engaging in or Soliciting Lewd Conduct in Public (PC 647 (a)):

Under Penal Code 647 (a), it is illegal to engage in lewd or dissolute conduct in any place, or to solicit someone else to do so. Lewd conduct is defined as touching your private parts (or another person’s private parts) with the intention of receiving sexual gratification or to annoy or offend someone else. Private parts refer to: genitals, buttocks, or female breasts.

Penalties (PC 647 (a)):

A violation of PC 647 (a) is a misdemeanor and is punishable by up to 6 months in county jail and/or a fine up to $1,000. If prosecutors decide add a PC 314 “Indecent Exposure” charge, then you will have to abide to the lifetime sex offender registration requirement.

Legal Defenses (PC 647 (a)):

Legal defenses to lewd conduct include (but are not limited to): You were not in a public place or in a place open to public view, you reasonable believed no one was present who would be offended by your actions, you did not touch the private parts for sexual gratification, and/or you did not actually touch your private parts or someone else’s.

1. The legal definition of “lewd or dissolute conduct in public”

You violate California Penal Code 647(a) when:

you engage in… or you solicit anyone to engage in…
lewd or dissolute conduct…
in any public place or in any place open to the public or exposed to public view.

To establish this, the prosecutor must prove five facts (called “elements of the crime”):

you willfully engaged in the touching of your own or another person’s genitals, buttocks, or a female breast;
you did so with the intent sexually to arouse or gratify yourself or another person, or to annoy or offend another person;
at the time the you did so, you were in a public place or a place open to the public or to public view;
someone else who might have been offended was present; and
you knew or reasonably should have known that another person who might have been offended by your conduct was present.

May 5, 2015May 7, 2015

Prostitution & Solicitation

Prostitution & Solicitation (PC 647 (b)):

California prostitution law under Penal Code 647 (b) PC prohibits: engaging in the act of prostitution, and offering (also known as “solicitation) or agreeing to engage in the act of prostitution. Under this statute, police officers are allowed to arrest the prostitute, the customer, and the middleman (otherwise referred to as a “pimp”). The “pimp” may be arrested under Penal Code 266h and 266i PC if he/she participates in soliciting the agreement, receives part or all of a prostitute’s pay, or if he/she participates in procuring the prostitute. Due to political and social pressures, law enforcement agencies typically invest substantial resources in discovering all those involved in prostitution offenses.

Penalties (PC 647 (b)):

California courts treat a prostitution/solicitation charge(s) as misdemeanors. For first time offenders, the potential penalties include 6 months in county jail and/or fines up to $1,000. Prostitution/solicitation is a “priorable” offense, which means the punishment increases with each subsequent offense. If convicted for a second time, you could expect to serve a minimum of 45 days in county jail. If convicted for the third time, the judge is entitled to require a minimum of 90 days in county jail.

Legal Defenses (PC 647 (b)):

There are various legal defenses that could be used to fight your prostitution/solicitation charges. Several defenses include (but are not limited to): entrapment, insufficient evidence, lack of evidence and mistaken identity.

May 5, 2015May 7, 2015

Rape/Statutory Rape

Rape (PC 261):

California’s rape statute defines the crime of “rape” as nonconsensual sexual intercourse through the use of threats, force, or fraud. The sexual intercourse needs to be either against that person’s will, or without that person’s consent (such as, having sex with a female who is passed out drunk). For the act to be constituted as rape, it needs to have been accomplished through one of the following: physical force, violence, duress, menace, fear of bodily harm to oneself, fear of retaliation, and fraud. In order for the prosecutor to prove that you are guilty of rape, he/she must prove these four elements of crime: that you engaged in sexual intercourse with another person, that you were not married to that person at the time of sexual intercourse, that the other person did not consent to the intercourse, and that you accomplished the act by one of the means mentioned above.

Penalties (PC 261):

Rape is a felony under California law. If convicted under Penal Code 261 PC, you may be subject to formal probation or 3, 6, or 8 years in a California State Prison. If the victim sustains a great bodily injury, the judge may impose additional years to be served in a state prison. In addition, you may be required to pay up to $10,000 in fines with a possible “strike” on your record, pursuant to California’s Three Strikes Law.

If the victim is a minor (under the age of 18), the possible state prison term goes up to 7, 9 or 11 years. If the victim is under the age of 14, the possible state prison term goes up to 9, 11, or 13 years in prison. In addition, most California rape convictions lead to required (Penal Code 290) sex offender registration. The registration requirement is a duty that lasts for a lifetime.

Legal Defenses (PC 261):

Many innocent people are wrongly accused of rape all too often. The reason is that the accuser needs little to no evidence. Our defense team will make it a priority to dismiss, from the start, any unjust charges. There is also the defense of “consent,” where the alleged victim will change their story, alleging that they did not consent when they initially did consent to the sexual intercourse. Even if the alleged victim purports that they did not consent, if you had a good enough reason to believe he/she had consented, you cannot be convicted of rape. The legal defense of insufficient evidence may also apply in cases where the victim did not seek medical attention and/or there were no witnesses of the act- resulting in the case being a “he said/she said” ordeal. In situations like this, an insufficient evidence defense may apply.

Statutory Rape (PC 261.5):

More commonly referred to as “unlawful sex with a minor,” under California Penal Code 261.5 PC, “statutory rape” takes place when any person engages in sexual intercourse with a person under the age of 18. Regardless if the sex was consensual, or even initiated by the “victim,” the law makes it illegal to agree to unlawful sex with any person under the age of 18 years old. For example, If a pair of high school sweethearts decide to have sex for the first time and one of them is under the age of 18 and the other over the age of 18, that constitutes as statutory rape. The penalties of statutory rape depend on how the prosecutor decides to treat the case (ie a felony or misdemeanor). One of the main factors is the age of those involved; the wider the age gap, the harsher the penalties.