A Criminal Lawyer Explains How Criminal Charges Are Classified

As a criminal lawyer, many clients ask about the difference between misdemeanor and felony charges and how crimes are classified in general. The classification of a criminal charge is extremely important because it directly influences what the penalty will be if a person is convicted.  If you are arrested and hire a lawyer immediately, there is a chance that you could be charged with a lesser crime from the beginning, depending on your attorney’s negotiating skills.  As a local criminal defense attorney, I always prefer to become involved in negotiations with prosecution as soon as possible.

The least severe classification is an infraction.  This is when someone violates a local municipal code or administrative regulation, etc.  The most common type of infraction is a driving infraction such as a speeding ticket.  In the majority of cases, an infraction comes with a financial penalty only.  If you are pulled over, your goal should be to get out of the situation that can be disputed later; rather than fighting with the officer at the scene.  That could lead to your prompt arrest and additional charges being brought. 

As a criminal lawyer, you can call our office any time you are arrested.  If, however, you are charged with a misdemeanor or felony, you need to call immediately.  A misdemeanor conviction will typically come with a combination of jail time and a fine.  Being convicted of a misdemeanor can cause you to spend time in a local county jail.  For example, if you are convicted of drug possession you will probably spend some time in a local jail.  If you were convicted of cultivation, you might end up in state prison.  Since there are multiple levels of crimes within the misdemeanor classification, it is important to work with an attorney from the beginning so that the charges can be reduced as much as possible.  That way, if you are convicted, you will spend the least amount of time in jail. 

A felony is a more serious criminal charge.  Those that commit a crime such as murder or arson, would be charged with a felony.  Similar to a misdemeanor charge, there are categories within felony charges and the penalties are based on those categories.  A perfect example is with murder charges.  When a murder appears to be premeditated and deliberated, a person would likely be charged with first-degree murder that is punishable by life in prison. If, however, the murder was committed accidentally, such as someone being killed as a result of your driving drunk, a person could be charged with manslaughter.  

By working with a criminal lawyer, you may have the opportunity to reduce your sentence or avoid conviction altogether.  

The Defense Tactics of a Domestic Violence Attorney

As a domestic violence attorney, I understand the importance of building a strong defense in order to protect my clients' freedom.  In these cases, emotions run high and it is easy for everyone involved to escalate the seriousness of the situation; often leading to unnecessary criminal charges being filed.  Many of our clients are innocent but due to emotions, misconceptions, or spite, they are charged with domestic violence.  This is particularly common in divorce and custody cases where it is in the other partner’s interest to paint someone as a violent aggressor. 

One of the challenges with domestic violence allegations is that there are usually no witnesses to support a defense since most alleged incidents happen within a home or structure. This is not true with every case but is extremely common.  If you are accused of domestic violence, the prosecutor has the burden of proving that the event took place, how it happened, and that you committed a domestic violence crime.  Not having witnesses means that it is your word against their word and very often, this can work against you.

We will start by investigating your case and asking important questions.  As a domestic violence attorney, we will want to know everything leading up to the event in question, what you were doing during the event and what you did after.  This will help us identify what pieces of evidence we need to gather, people we should interview, etc.  It will also give us a baseline of information when reviewing the evidence that the prosecutor will be submitting. 

When building your defense there are several common approaches that we can take, including:

It was not you.  If you did not commit this act and believe that someone else is to blame, we will help you prove it.  This can happen, for example, if the battery took place at night, and there was poor visibility that could have led the other person to truly believe it was you.

The act was not violence.  If you and your current or ex-partner got into a fight and emotions were high, that does not necessarily mean violence occurred.   By understanding exactly what happened during the incident, we can determine the best argument for this type of defense. 

False allegations.  There are many times where the allegations are completely fabricated. Since the incident would have occurred in the home with no witnesses, it is easy to lie or embellish. Unfortunately, this commonly happens when an individual is in litigation in family law court. A finding of violence by a family law or criminal court could mean that you will lose visitation with your children; resulting in higher child support payments.  As a domestic violence attorney, we will analyze the police report and any evidence prosecution provides in order to look for inconsistencies.  If the story is fabricated, there will almost certainly be inconsistencies.  

There are many defenses to a domestic violence charge.  To get help, give us a call. 

Details About Proposition 47 From a Drug Attorney

As a drug attorney, clients have recently been asking about Proposition 47 and how it can impact them.  In fact, if you have a loved one that has been sent to jail for drug possession, this is important for you to know as well. Proposition 47 was recently passed into law and it impacts those who have been convicted of certain crimes in California.  If you live out of the state, this will not apply to you.

According to the new law, people that have been charged with certain crimes that can either be classified as a misdemeanor or a felony, will now always be prosecuted as a misdemeanor.  This is extremely important because the classification of a crime (misdemeanor vs. felony) directly impacts the penalties suffered upon conviction.  Felonies often come with time in state prison, for example, where misdemeanor sentences are typically for a shorter period of time and served in the local county jail.

This is particularly relevant to drug crimes as many defendants received long sentences in the past.  Now, thanks to Proposition 47, these cases can be reviewed by a judge with a possibility of having the sentence changed.  If you have a family member in jail, this can be particularly helpful.  For example, as a drug attorney, I know that if someone is serving time in state prison for committing a drug crime, it is because that person suffered a felony conviction.  If a judge reduces the felony to a misdemeanor, there is a chance they will have already served the necessary amount of time in jail, leading to a potential release. This is a big deal, and if you know someone in this situation, you should call us to discuss their case further. 

The judge has the discretion to either keep the sentence the same or to revise it.  Time will tell how many cases end up being revised and how many people are let out of jail as a result.  One thing, to keep in mind, is that if the judge believes that someone will commit certain violent crimes upon their release, they will be unlikely to convert the felony to a misdemeanor. Additionally, certain crimes will not qualify under Prop 47.  This list includes but is not limited to the crimes of murder, some sex crimes and gun crimes.  Most drug crimes, however, should qualify.

Proposition 47 states that all drug crimes for personal use be charged as a misdemeanor with the exception of marijuana which can be charged as a misdemeanor or an infraction.  An infraction carries an even lighter penalty. Keep in mind that the cultivation of drugs is not for personal use and if you are caught growing a large amount of marijuana or cultivating methamphetamine, as an example, you may still be charged with a felony.  As a drug attorney, we can review your case and let you know if and how Prop 47 can help you.

California Cultivation Laws and Why You Need a Drug Attorney

California drug laws are very strict. An individual can be arrested and charged with drug cultivation easier than you probably think.   This is a very serious criminal offense so it is important to call a lawyer immediately after being arrested - even if you did not intend to grow or produce illegal drugs, or you were simply using the substances for personal use. 

California law states that someone may not be in the possession of certain chemicals used to create PCP or methamphetamine.  This can create a challenge because someone that has never used or made this drug would be unlikely to know what those ingredients are.  In spite of this logical conclusion, if the police find some of these chemicals in your possession, you could be arrested and taken to jail.  The only way around this is if you had a permit to possess the chemicals.  Even so, you would need to carry the permit with you whenever the chemicals were around.  The strict nature of the law makes it easy to be charged with cultivation, even if you are innocent. 

The thing to remember is that you are innocent until proven guilty, and as a lawyer, it is my job to help show your innocence or at least create enough reasonable doubt as to your guilt. In the case of PCP or meth, we will need to demonstrate that you had a reason to have the chemicals that was unrelated to manufacturing drugs.

  

You can also be charged with marijuana cultivation, even though medical marijuana is legal in California.  In order to grow marijuana, you need to have a doctor's recommendation for doing so.  This can either be for your personal use or as a caregiver.  There are limits to how much you can grow, and you must have a medical marijuana card in order to do so.  If the police catch you without your card or if you are growing more than legally allowed, you could be charged with cultivation.  California’s marijuana laws are not a license to grow and sell, and these provisions ensure that it doesn't happen as often as it could.

As a lawyer, we will try and get the charges dismissed or reduced.  If you are charged with growing or manufacturing drugs for your own personal use, the penalties are far less severe than if you are doing so with the intent to sell them.  By simply having the charges reduced, you could be exposed to less jail time.  If you are convicted of the cultivation of PCP or methamphetamine, you could face up to seven years in jail and a $50,000 fine.  If convicted of cultivating marijuana, the sentence could be two years in State Prison. 

Regardless of whether you are innocent, it is important to work with an attorney that is experienced in handling criminal cases.  Drug crime allegations come with criminal charges that can stay on your record permanently.  A conviction can lead to consequences that extend well into the future such as difficulty finding employment or renting a home.  In order to protect yourself and your family make sure that you have a zealous criminal defense attorney that can provide a strong defense and the best chance at remaining free. 

A Criminal Attorney Explains Unlawful Intent and Identity Theft Charges

In California, it is important to work with a criminal attorney if you are charged or implicated in an identity theft crime. While, in some states, you will need to have personally harmed someone in order to be convicted, the laws are different California.  Here, you can be charged with identity theft merely by transferring information to someone who later uses it to harm another.

These are serious criminal charges that can result in jail time and a fine.  Unfortunately, to be convicted of identity theft can be easy for the prosecution.  If, for example, you were in a relationship and opened a credit card for your significant other based on a conversation you two had – they could come back and say that you stole their identity.  With that in mind, here is what you need to know.

What is “unlawful purpose”?
In the state of California, identity theft can occur when there is an unlawful purpose.  This is the intent provision.  If you obtain information about someone and intend to do something illegal with that information, that is unlawful purpose. You can also be charged with a crime if you obtain information on someone and either transfer or sell it to someone else that is going to do something illegal with it. This aspect of the law can get tricky as you may have innocently shared information, not knowing the character of who you were sharing it with.  As a criminal attorney, we can use this to build a defense. 

What information is illegal to take?
Surprisingly, this includes far more than a social security number.  Did you know that it is illegal to obtain someone’s phone number with an unlawful purpose?  This basic information is typically publicly available but, if used to accomplish something illegal, it could be considered identity theft.  It is also illegal to take more sensitive information like a passport ID number and social security number. 

What is illegal?
With identity theft laws, you cannot open a credit card or obtain property in someone else’s name.  For example, you cannot buy a house in your mother’s name or open a credit card and start spending money.   It is important to note that you cannot obtain medical information either. 

Penalties
The exact penalty will be based on the damage suffered by the victim.  For example, if the victim lost $100 the penalty would be far less than if a home was bought in their name and foreclosed on.  Those that are convicted of identity theft can face a combination of time in prison and paying a fine.  

As a criminal attorney, we recommend seeking professional help if you are charged with a crime of any kind, including identity theft.  Even if you did not intend to take someone’s identity or transfer information, that defense is not enough without an attorney.  Our job is to prove your innocence in court or create enough reasonable doubt that a jury would have difficulty convicting you.  To get help, call our office right away.

Work With a Drug Attorney and Protect Yourself from Prescription Drug Charges

As a California drug attorney, I regularly see people charged with crimes that they did not commit.  This is, unfortunately, all too common as police continue the war on drugs.  In this war, the most common victim is regular people just trying to live their lives.  While the police arrest the easy targets, drug dealers continue to roam the streets.  Don’t make the mistake of thinking that you are immune to being arrested for drug possession.  Instead, protect yourself by taking precautionary measures.

Arrests for possession of prescription drugs continue to mount and very often the people arrested are completely innocent.  As an example, there was a case in Georgia where a girl was arrested after the police found methamphetamine in her car that had been prescribed to her.  She did not have her prescription in her possession, so the officers assumed she was committing an illegal act. Officers also found a spoon in her possession.  Yes – a spoon.  She explained that she had used it to eat lunch, but they didn't believe her and decided that she had been creating methamphetamine. 

She argued in defense of these allegations and explained that she was innocent but was still arrested and sentenced by a judge to drug counseling pending trial.  Even though she had not been proven guilty, she was still required to attend drug counseling and, when she could not attend the counseling appointments, was arrested and put in jail for a month.  During this time, she also lost her job.  Eventually, the lab results came back, and it corroborated her story that the spoon was used to eat lunch and contained no drug residue.  As a drug attorney, we encounter cases like this on a regular basis where an innocent person becomes a victim of the war on drugs. 

Another reason that people are often arrested illegally is because they have prescriptions in their possession that belong to someone else.  This is fairly easy to do when you think about it.  For example, if you borrow your roommate's car and you are pulled over for speeding and the police ask to search the vehicle.  If you allow the search and they find prescription medication in the glove box, you could be arrested.  Even if the medication is in the name of the person that owns the car, you could still go to jail.  This may seem unfair, and it is, but the police have the right to do this and often do.  

As a drug attorney, we recommend that you take steps to protect yourself.  One of the first things you should do is be cautious of what you do and say around the police.  Do not mention anything that could be considered incriminating and prompt a search of your vehicle.  Do not give them permission to do a search of your car or home.  Instead, ask them to produce a warrant and call a lawyer. Even if you think that you have nothing to hide, the police will often find something that they will use to incriminate you.

Whenever in doubt, call an attorney so that you don’t become another victim of the war on drugs.

Criminal Law and Illegal Cell Phone Searches in San Diego

As someone who practices criminal law, I see warrantless searches on a regular basis. If the police believe a crime was committed, they are likely to look for a way to prove it. This can often include searching your car or home without a warrant. Keep in mind that if the police ask if they can come in your home or search your car, you have the right to say no. It may not feel that way in the moment because badge wearing, gun carrying police officers can be intimidating but you do have the right to object to warrantless searches and you should. If you object to a warrantless search the police officer may attempt to obtain a warrant from a judge by giving a statement of probable cause.

One area of dispute has been whether or not the police are allowed to go through your cell phone without a warrant. It has happened on a frequent basis and officers have used the information they found to arrest or prosecute. A recent case, Riley v. California went all the way to the Supreme Court where there was a unanimous ruling that a warrant is needed in order to search the contents of a cell phone. This is important for you to know because the police will not tell you your rights. You have to know them and enforce them.

As an Orange County criminal law attorney, this Supreme Court decision is an important one. Without it, the police and prosecutors have been able to submit into evidence photos that were taken on a person's phone, videos, maps with history on them, call logs, texts, etc. in order to prove their case. This has been highly unfair for defendants that use their cell phone as a way to record personal information and conduct what they believed to be, private conversations.

One of the cases that was heard by the Supreme Court, United States v. Wurie, came out of California and involved a man that was pulled over and arrested for possession of guns. In the meantime, his phone was searched, and the police found evidence of Wurie being connected with a gang shooting that had taken place. No warrant was obtained prior to conducting the search and as a result of the evidence obtained from his cell phone, he was sentenced to fifteen years in jail.

My job, as a criminal defense attorney, is to make sure that my clients receive the best possible defense after being charged with a crime. It doesn’t matter what the crime is; everyone deserves a strong defense and the opportunity to make their case. Doing so often involves making sure that my clients’ rights are protected at the same time. Even though, the Supreme Court has issued this ruling some law enforcement officers and prosecutors may be unaware of this change. It is up to me, as a defense attorney, to argue case law before a judge as to why certain evidence is inadmissible and should not be used in court. It is important to work with someone that is experienced in criminal law because the more your attorney knows, the better chance you have of navigating the court system to your benefit. As they say, knowledge is power! If you are pulled over, remember that you do not have to consent to a search and should never give consent for an officer to look through your cell phone.