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California Criminal Law (in California it's covered under the Penal Code, Health and Safety Code, Welfare and Institutions Code, Vehicle Code, Business and Professions Code), covers a wide variety of activities. Unlike Civil law, in criminal law if somebody does something wrong, they not only face the possibility of being fined, they could also lose their freedom (jail/prison), their job, or even their family relationships.
What is a crime?
There are many definitions for the word "crime." Perhaps the most common understanding of "crime" is someone breaking a rule of law that have been set by a governing body (i.e., the California Legislature, or a local municipality).
Crimes can be broken, even if the person committing the crime is unaware that a certain law even exists. You don't have to know what you are doing is illegal. Many crimes are defined as General Intent crimes - meaning, that you don't have to intend on committing the crime, just intend on committing the action(s) that resulted in the commission of a crime. "Ignorance of the law is NO defense!"
HOW ARE CRIMES CLASSIFIED?
Crimes are set in two different categories.
Felonies
A FELONY is generally described as a serious crime, with a possible punishment of state prison. Some Misdemeanors can be upgraded to Felonies if there are significant injuries involved, a weapon was used in the commission of a crime, the same Misdemeanor has been repeated by the same offender many times, or the value of an item was high. Felonies are also handled differently in California Superior Courts, and usually take much longer in the life of the court system.
Because Felonies are so serious, and can have a lasting effect on someone's life, it is very important to have a good Criminal Defense Attorney represent anyone charged with a Felony.
Misdemeanors
A MISDEMEANOR is a crime less serious than a Felony, but still a crime (unlike an Infraction - like a traffic ticket). Misdemeanors offenses can include DUI, Domestic Violence, Drug Possession (marijuana), Theft (less than $400), Assault, etc.
The punishment for a Misdemeanor can include, a fine, probation, counseling, and even jail time. Also important is that a Misdemeanor appears on a person's criminal background check - and people and potential employers can judge you by that conviction - it may mean you can't get a certain job.
CRIMES OF VIOLENCE
Assault - Penal Code Section 240
An assault, as defined by California Penal Code Section 240, is "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." An assault does not require any actual physical contact - All that is required by law if a willful act likely to result in physical contact, that you were aware of the act and that it would likely result in physical contact, and that you had the ability to follow through with that act.
Contact our El Monte Criminal Attorney today for a free consultation! 626.309.9977
Battery - Penal Code Section 242 - or 243(d) (causing serious bodily injury)
A battery, as defined by California Penal Code Section 242 (and 243), is "any willful and unlawful use of force or violence upon the person of another." If the victim of the battery suffers serious bodily injury, the punishment for a battery will likely increase (as well as the fines/restitution).
All crimes have ELEMENTS TO THEM - One element in the crime of Assault is INTENT! Without Intent - there is no crime!
All Assault and Battery charges can be DEFENDED in many different ways. Of course, a person has the legal right to defend themselves, and California law provides for the right of SELF-DEFENSE AND DEFENSE OF OTHERS. If contact between you and the other person was ACCIDENTAL, the intent element is lacking, and thus you have not committed the crime!
If you are engaged in some sort of mutual act with the other party, and contact is not only expected but may also be required, the injured party may have consented to the contact - thus there is no illegal touching!
Contact our Alhambra Assault and Battery Attorney today for a free consultation! 626.309.9977
DOMESTIC VIOLENCE (Penal Code Section 273.5 and 243(e)
The crime of Domestic Violence is committed when any person inflicts corporal injury upon their spouse/former spouse/child/cohabitant/former cohabitant/mother/father. If this act results in a traumatic condition, then the perpetrator of the offense is guilty of Felony (with a possible jail term up to 4 years)
Someone convicted of Domestic Violence will also be required to perform up to 52 weeks of a Domestic Violence Counseling class, pay a fine, complete community service, as well as be placed on probation.
Furthermore, if you have underage children with the victim of the Domestic Violence - a Criminal Protective Order (or Stay Away) order can be ordered by the court, whereby you can be denied the right to see you children!
Common Defenses to charges of Domestic Violence, can be Accident, False Allegations, Self-Defense, and many more!
Contact our West Covina Domestic Violence Attorney today for a free consultation! 626.309.9977
THEFT OFFENSES
Theft offenses are those crimes involving the unlawful taking of another persons property, with the intent to permanently deprive that person of their property.
Petty Theft - Penal Code Section 484
This crime is commonly refered to as Shoplifting - The value of the property must be below $400.00
This crime is committed when someone, with the intent to steal, follows through with that intent, and moves the property (however slight) while having the intent to steal. You can be charged with Petty Theft even if you didn't have the intent to steal - this doesn't mean you will be convicted. Often times the police (or Loss Prevention) think you intended to steal, when maybe you simply forgot to pay for an item or items. Without the intent to steal, you have not committed a theft.
Grand Theft - Penal Code Section 487
Grand theft is theft, where the value of the property is over $400.00
One of the key factors in defending these cases, is determining the true value of the item(s) alleged to have been stolen. The owner of the property is required to provide some proof of the value of the item(s).
Contact our Pasadena Theft Attorney today for a free consultation! 626.309.9977
DRUG POSSESSION
Possession of a Controlled Substance, a Felony violation of Health and Safety Code Section 11350, is committed when a person has possession or control of a controlled substance. Controlled substances can include, cocaine, heroin, narcotics, as well as prescription drugs (if the holder does not have a valid prescription). These crimes are usually punished by Diversion Programs, as provided by PC 1000, as well as Prop 36 (Deferred Entry of Judgment).
The Diversion programs are not right for everyone. People who were merely holding drugs for a friend, or who did not know they were in possession of a drug, should not take this option. Failing or being rejected from these programs can result in Felony convictions on your record, as well as get you sent to prison!
There are many ways to fight and defend charges of HS 11350. We will sit down with you and discuss your case to evaluate the different ways to attack your case! Contact Us NOW
Contact our El Monte Drug Attorney today for a free consultation! 626.309.9977
POSSESSION OF DRUGS FOR SALE
Possession of a Controlled Substance for Sale (Health and Safety Code Section 11351) is triggered when the police not only find you in possession of a controlled substance, but they also have evidence indicating that you intended to sale the drugs! Common factors considered by police to determine if you are a "user" or a "dealer" are whether you have any large amounts of money on you, have a "pay-owe" sheet (list of clients), have scales, baggies, or any other indicia of you being a dealer.
Just like you can challenge any officer's right to search you, your house, or your car, in a possession case, you can also challenge the method the police seized the evidence in this case as well.
Also, just because someone is in possession of items along with the drugs, that fact alone, does not mean you are a dealer. Often times clients of the Law Offices of Christopher L. Hoglin are in possession of a large amount of drugs, but only because they are heavy users, or tend to purchase for personal use in bulk. To find out what we can do for you in your case - Contact Us NOW
Contact our SAN GABRIEL VALLEY CRIMINAL ATTORNEY today for a free consultation! 626.309.9977
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