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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 Read More …
Robbery (PC 211): Penal Code 211 defines “Robbery” in the state of California as: taking the personal property that is in the possession of another person, from their immediate presence, against their will, or through the use of force and/or fear (for example, wearing masks and wielding guns). However, the crime can also be committed Read More …
Driving Under the Influence: Alcohol/Drugs (VC 23152) Per California DUI laws, it is illegal to drive a vehicle with blood alcohol content (BAC) percentages: 0.08% or higher―21 years old or older operating a regular passenger vehicle. 0.04% or higher―operating a commercial vehicle. 0.01% or higher―younger than 21 years old. It is also illegal to drive Read More …
DUI with Injury (VC 23153) If you drove under the influence of alcohol and/or drugs and while driving you injured another person, you may be convicted with VC 23153(b) “driving with a BAC of 0.08% or greater and causing an injury”. Misdemeanor DUI with Injury: Informal probation can range between 3 to 5 years with Read More …
California DUI Refusal (VC 13353): Refusal to take Blood, Breath, or Urine Sample Chemical test/DUI refusal charges can be very serious. Refusing to take a blood, breath, or urine sample will result in additional jail time served with longer license revocation periods. In addition, you will not be able to acquire a restricted license due Read More …
Driving with Suspended License (VC 14601): It is illegal to drive or operate a vehicle when you know that your license has been suspended or revoked. The most common reasons for suspension or revocation are due to DUI conviction(s), mental or physical disabilities, or the result of negligent driving, placing too many points on your Read More …
Disturbing the Peace (PC 415): Several ways a person can violate California’s “disturbing the peace” law is by: Unlawfully fighting, or challenging another in a fight, in a public place, willfully and maliciously disturbing the peace by loud and unreasonable noise, and/or using offensive words in public so as to provoke violence. Penalties (PC 415): Read More …
Possession of Controlled Substance (HS 11350): California Health and Safety Code 11350 HS prohibits the possession of specific “controlled substances” without a valid prescription. A “controlled substance” is defined as a drug or chemical whose use, possession, and manufacture are regulated by the government under the United States “Controlled Substances Act”. Examples of commonly possessed Read More …
Possession for Sale (HS 11351): It is a crime to possess narcotics in California. Possession for sale of controlled substance(s) is an even more serious crime. If you are found, by a police officer, with large quantities of a drug, packaging of the drug in separate baggies, scales, lots of cash, and/or the presence of Read More …
Identity Theft (PC 530.5): Identity theft is one of the fastest growing crimes in California. Identity theft is essentially the taking of another person’s identify for use in an unlawful or fraudulent manner. Several unlawful examples of identity theft include (but are not limited to): to secure a personal financial benefit by using another person’s Read More …
Petty Theft (PC 484) & Shoplifting (PC 459.5) There are many forms of theft under California law. Theft, in the simplest form, is the unlawful taking of someone else’s property. When the property is valued under $950, the crime is considered petty theft under Penal Code 484. The separate offense of shoplifting, defined as Penal Read More …
Burglary – Commercial & Residential (PC 459): Penal Code 459 defines “burglary” as entering into a locked vehicle, room, or structure, with the intent to commit a felony (or petty theft) once inside. Often referred to as “breaking and entering,” you can be charged with burglary even if there was no forced entry. Examples of Read More …
Forgery (PC 470): You can get arrested for forgery if you knowingly intended to commit any of the following: sign another person’s name on a document, fake someone’s handwriting, change or falsify a legal document (a will or deed), or fake a document pertaining to money, property, or finances. However, you are not guilty of Read More …
Fraud (PC 484): A person who commits an act that results in unfair or undeserved benefit for yourself and/or causes loss or harm to another person, then you have violated California’s criminal fraud laws. Generally, there are two main motives for violating the statute: financial gain and/or to escape criminal culpability. Penalties (PC 484): Many Read More …
Assault (PC 240): Penal Code 240 states that an assault (simple assault) is an attempt to willfully commit violent injury on someone else. It is important to note that “assault” and “battery” are two distinct crimes; whereas in the case of battery, there was actual use of unlawful violence, assault is the attempt to do Read More …
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 Read More …
Assault with Great Bodily Injury (PC 240(a)): Assault with “great bodily injury” refers to significant and substantial physical injuries. Emotional and financial do not fall under this category, nor do insignificant or even moderate injuries. It is also important to note that the injury does not have to be permanent or severe. However, damages such Read More …
Arson (PC 451/452): California’s arson laws make it a crime to willfully or recklessly set fire to any building, forest land, or property. Acting in a reckless manner is often called “reckless burning” or “reckless arson.” It is also a crime to set fire to your own property on fire if your property is a Read More …
Child Abuse/Endangerment (PC 273 (d)/PC 273 (a)): Penal Code 273(d) is known as “Corporal Injury on a Child,” or more commonly known as “Child Abuse.” There is also PC 273 (a), known as Child Endangerment, which differs from Child Abuse (where there must be physical harm done to the child). To be convicted under PC Read More …
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 Read More …
False Imprisonment (PC 236): In order to be guilty of False Imprisonment in the state of California, the prosecutor must show that two factors were present, the defendant intentionally restrained another person or confined another person by violence and/or threats of violence, and, the defendant made the other person stay in a confined place or Read More …
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 Read More …
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. Read More …
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 Read More …
Failure to Register as a Sex Offender (PC 290 (b)): If you are required to register under California’s sex offender registration law, and you fail to do so, you may be convicted under CAPC 290, “Failure to Register as a Sex Offender.” California’s Sex Offender Registration Act (Also known as Megan’s Law), requires anyone who Read More …
Indecent Exposure (PC 314): California Penal Code 314 PC makes it unlawful to willfully expose your genitals to someone else with the intent by a desire to sexually gratify yourself or offend the other person. While the law is broad and vague, the statute has remained unchanged since its enactment centuries ago. Penalties (PC 314): Read More …
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 Read More …
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 Read More …
Penal Code 243.4 defines “sexual battery” as the illegal act of touching an intimate body part of another person for the purpose of sexual gratification, arousal or abuse. Depending on the circumstances, sexual battery can be treated as a misdemeanor or a felony. It may be charged as a felony if the victim was unlawfully Read More …
Charges in California that carry the death penalty are: first-degree murder with special circumstances (capital murder); sabotage; train wrecking causing death; treason; perjury causing execution of an innocent person; fatal assault by a prisoner serving a life sentence. A qualified attorney can help your friend or loved one avoid the death penalty, or life in Read More …
The second degree murder rule attaches to felonies that are both inherently dangerous, and not specifically included under the first-degree felony-murder rule. “Inherently dangerous” felonies are those that cannot be committed without creating a substantial risk that someone will be killed. For example, setting a car on fire that is found in close proximity to Read More …
The unlawful killing of another human being- homicide- may either be charged as murder or manslaughter. Murder requires “malice aforethought,” which means the defendant had expressed or implied malice and that there was a deliberate intent to commit murder. Under California law, there are three ways in which a person may be convicted of first-degree Read More …
The judge has the sole discretion in modifying the terms of probation. A modification request can be initiated by the judge, the defendant, or by the prosecutor. Depending on the circumstances of each case, a modification may or may not be helpful to the probationer. In order to be considered for early termination of probation, Read More …
Expungements Once you have completed summary probation, you can apply to have your initial charges “dismissed in the interest of justice.” Having a conviction(s) expunged can be very beneficial for those involved, especially since an expunged conviction would not be reported on Criminal Records Background Checks in California. If you successfully complete the terms of Read More …
California Penal Code 1018 PC allows defendants to withdraw their guilty pleas under a variety of circumstances. The law states that if you demonstrate “good cause” and file a Motion to Withdraw a Plea either before you are sentenced, or within 6 months of a probationary sentence, then you must be given the opportunity to Read More …
Filing for bankruptcy can be a stressful task, one of which you should not have to do alone. Our experienced team of attorneys will thoroughly guide you through the daunting process of going through a bankruptcy. Bankruptcy laws are complicated and changing regularly due to new legislation laws. Seeking the right representation is crucial for Read More …