California Criminal Lawyer Group

Assault and battery are two different crimes, although they are charged together. You will experience legal challenges when accused of this crime because even the slightest manner of altercation or fight can have severe consequences.

California law outlines assault as an unlawful attempt to inflict injuries on another person. “Attempt” is the critical word in this definition, and it involves making threats to somebody else and that at the time you possess the ability to act of the dangers. The crime occurs even where there is no physical contact. However, when you use physical force to issue a threat, the charges escalate from assault to assault and battery.

There are different types of assault and battery which include:

• Simple battery
• Aggravated battery
• The battery on a peace officer
• Simple assault
• Aggravated assault

California Criminal Lawyer Group has the skills and years of experience representing individuals charged with the above forms of assault and battery. Most of these crimes, like assault, are just allegations, creating room for false accusations. If you find yourself in a situation like this, our attorneys will provide the dedication and aggressiveness you need to tell your side of the story. Further, we will present all the evidence required to demonstrate that you didn’t act with willful intent. Instead, you were working in self-defense or, you are unfairly accused.

Domestic violence is outlined under California PC 13700 as a criminal offense that involves causing or threatening harm against an intimate partner. The offense is taken very seriously by authorities because these episodes unfold within a short time and leave profound emotion or physical damage. A particular unit has even been formed to prosecute domestic violence offenders.f

Remember, if you are a defendant, in this case, it’s the government that is suing you, so the wishes of the victim don’t matter. Even if your intimate partner decides not to file charges, the case will continue.

For criminal law purposes, an intimate partner can be your:

• Spouse or ex-spouse
• Partner or former registered domestic partner
• Current or ex-cohabitant
• A person you have or has had a child with
• A dating partner

In California, the most common forms of domestic violence include battery, abuse, or neglect. PC 13700 crimes are charged as misdemeanor or felony based on the offense’s circumstances, the severity of the alleged victim’s injuries, and your criminal record (if any). The charges of domestic violence include:

• Corporal Injury to a spouse — A conviction for this crime results in a prison sentence of between twelve to forty-eight months.
• Domestic battery — It is a criminal offense involving physical force or violence on an intimate partner. When you are sentenced, the penalties for this offense include no more than $2,000 court fines and up to twelve months in jail custody.
• Child abuse — Is a domestic violence crime that involves inflicting corporal punishment or injury on a minor. A first-time offender for PC 273d violation is subject to twelve months in jail or as much as thirty-six months in prison.
• Child endangerment — California PC 273a makes it unlawful to willfully allow a child to suffer harm or have their safety endangered. The offense is a misdemeanor, and once you are convicted, you will face no more than six months in jail.
• Child neglect — California PC 270 prohibits a parent of a child from willfully failing to provide their children’s basic needs. Failure to provide care to a child is a misdemeanor whose penalties include court fines not exceeding $2,000 and no more than twelve months jail custody.
• Elder abuse — The offense is defined as physical abuse, emotional abuse, neglect, endangerment, or financial fraud against a victim 65 years or older. When the offense is charged as a misdemeanor, the penalties include up to a year in jail, while a felony charge conviction carries up to forty-eight months of prison incarceration.
• Criminal threats — The offense is outlined under PC 422 as threatening another person serious harm. A misdemeanor conviction for this offense attracts no more than a year in jail, while a felony sentence is subject to four years of prison incarceration and a strike.
• Intimate partner stalking — PC 646.9 makes it illegal to harass or threaten someone else, to the extent the person fears for their safety or their family’s security. Felony stalking is punishable by no more than a year in jail custody, while a felony attracts as much as thirty-six months in prison.
• Damaging a telephone line — California PC 591 prohibits the damaging or cutting of a phone line or equipment to prevent an intimate partner from making a call. If you are convicted of a felony, this crime’s punishment is a court fine not exceeding $10,000 and no more than three years prison sentence.

The additional consequences of the various forms of domestic violence include:

• Restitution of the victim or payment of a domestic violence fund
• Engaging in a batterer’s program
• Permanent criminal record
• Loss of child custody
• Loss of gun rights

If you look at the various domestic violence types and the penalties associated with a conviction, you will realize that they can adversely affect your professional and personal life. Unluckily, some domestic violence victims make false accusations for revenge or take advantage of a civil matter like divorce or child custody.

The California Criminal Lawyer Group is here to save the situation if you are faced with a false accusation. Our experience representing clients charged with the various types of domestic violence and our commitment to challenging the prosecuting team’s evidence enable us to defeat the charges.

California is famous for traffic jams, so driving offenses shouldn’t come as a surprise. Our attorneys handle driving offenses for clients in California, CA. These offenses are classified as misdemeanors or felonies. The most common misdemeanor driving offenses include:

Driving Without a License

According to California VC 12500, if you drive on a highway, you must possess a driver’s license. Driving without a license is, therefore, a violation of PC 12500. Some people are, however, exempted from this rule. They include:

• Farming tractor drivers
• Government officials driving a government-controlled vehicle
• Visitors 18 years or above who possess out of state licenses
• Non-residents with diplomatic licenses for vehicles similar to the one they are driving
• Non-residents, 21 or above moving hazardous material from another state

During prosecution, the prosecutor must prove that:

• You were operating a vehicle on a highway
• You did not own a driver’s license
• You were required to obtain a license lawfully

Remember that it is not the prosecutor’s duty to demonstrate that you drove without a license under this crime. Instead, it’s your responsibility to prove you had a license or you are falsely accused.

The majority of people charged with driving without a license are those who have not obtained a license, failed to renew the expired licenses promptly, and failed to acquire the license within the provided time. If you have a valid license, but you didn’t possess it at the time of arrest, you will be arrested and charged with an infraction under VC 12591, whose penalties include a $250 court fine.

Basic Speeding Law

California VC 22350 requires drivers to operate vehicles at a reasonably safe speed. The vehicle code outlines two categories of speed limits: absolute speed limits and Prima facie speed limits. If you are arrested for violating any of these speed limits, you will be issued a speeding ticket whose fine depends on the speed at which you were operating the vehicle. You also risk having your driver’s license suspended or obtaining additional points in your driving record.

Driving on a Suspended License

According to VC 14601, it is illegal to operate a motor vehicle while fully aware that your driving privileges have been suspended. Some of the reasons that can result in a license suspension include:

• Reckless driving
• Physical or mental health conditions that interfere with your driving capabilities
• Being an incompetent car driver
• A drunk driving conviction

A VC 14601 violation is a misdemeanor whose penalties include up to six months jail custody and no more than $1,000 court fines. For DUI, you will be required to install a mandatory ignition interlock device (IID).

A few individuals in California, CA, can be charged with felonies, although in rare cases. For a driving offense to be deemed a felony, someone must have sustained bodily harm, severe property damage, or even death. Some of the driving offenses that are classified as felonies include:

Hit and Run

If you are involved in a traffic accident, you have a duty to stop your vehicle at the closest safe location and provide identification information. These duties must be performed regardless of the person liable for the crash.

As per VC 20002, these accidents occur when you are involved in an accident while driving caused property damage or injury but fled or left the scene of the crash without performing your duties. The majority of offenders charged with this crime want to avoid justice and take responsibility for negligence.

Furthermore, failure to share identification after an accident will result in hit and run charges. Even if you stopped at the scene where you fled the scene but came back on second thought, the decision to file hit and run charges is left to the prosecutor, and it depends on your criminal record.

The penalties for a hit and run conviction include no more than three years of summary probation, a jail sentence of at most six months, victim restitution, and fines not exceeding $1,000.

Driving Under the Influence

Drunk or drugged driving is prohibited under VC 23152-23229.1. This offense’s conviction can result in jail time, license suspension, probation, and an IID installation.

If you look at the penalties associated with the above driving offenses, you will realize that they are some of the harshest nationwide. At California Criminal Lawyer Group, we can develop the most effective defense strategies to have the case dropped or charges reduced. Our attorneys will investigate the facts of the case and contest the charges for your best interests.

California District Attorney and other government authorities aggressively prosecute drug crimes because drug abuse often triggers other criminal activities. The penalties for a conviction for this crime have become stricter to discourage people from engaging in drug-related crimes.

Drug charges are usually filed based on the drug acquired during the arrest and the alleged drugs’ location. If it’s near a school or a place where kids assemble like in a park, the penalties will be severer.  Your criminal history also determines the type of charge and penalties to be imposed during sentencing.

The most common drug-related crimes in California are:

• Possession or sale of controlled substances
• Possession of a drug paraphernalia
• Possession of narcotics
• Production of a controlled substance
• Transportation or distribution for sale of a controlled substance
• Sale or transportation of a controlled substance

The consequences of a conviction for any of the above-stated crimes include:

• Incarceration
• Hefty or enormous court fines
• Summary or formal probation
• Driver’s license suspension or revocation in DUI cases
• Restitution of the law enforcement

If you have a prior conviction for any of the above drug crimes and consequently end up with another arrest for a drug crime, the previous conviction will enhance future sentencing. Sentence enhancement means you will obtain an additional and subsequent sentence on top of the original sentence provided for the drug crime under the law.

The penalties for drug crimes, particularly those that involve sentence enhancement, can have severe consequences on your life. Luckily, with the help of the California Criminal Lawyer Group, you can mount solid defense strategies for the various forms of drug crimes and poke holes in the evidence presented by the prosecutor against you. We will dedicate our time, experience, and resources in your case to ensure a charge reduction or dismissal of the case.

Some crimes don’t involve physical force or harm. These offenses include fraud which is the use of deceit to deprive someone else of property or money and enjoy benefits that are not rightfully yours. It involves the use of lies, omissions, or misinterpretation of facts to obtain unfair financial benefits. Some of the common fraud crimes we deal with include:

• Auto insurance fraud
• Securities fraud
• Real estate fraud
• Check fraud
• Medical care fraud
• Welfare fraud
• Foreclosure fraud
• Worker’s compensation criminal fraud

Prosecutors take fraud crimes more seriously than theft crimes because they involve the breach of trust. The ramifications of a conviction are very strict, and the best way to lower the chances of being subjected to them is by hiring a reputable fraud crimes attorney. California Criminal Lawyer Group can provide the help you need. Our legal team has experience fighting fraud charges and is ready to mount the best defenses for a favorable verdict.

Sex crimes are highly stigmatized even before someone is pronounced guilty by a court. The moment you are charged with these crimes, people presume guilt. Additionally, a conviction for a sex crime carries severe penalties and embarrassment.  Another life-changing consequence of a sex crime sentence is the requirement to register as a sex offender for a particular duration or permanently.

At California Criminal Lawyer Group, we don’t judge you when you are charged with a sex crime. We take these cases very seriously to protect your constitutional rights and maintain a good reputation. The typical sex crimes will deal with include:

• Sexual assault
• Internet sex crimes
• Possession of child pornography
• Sex offender registration violation
• Lewd conduct
• Obscenity

Theft is defined as taking someone else’s property unlawfully, permanently depriving them of the property and its benefits. The common forms of theft crimes include identity theft, petty theft, grand theft, burglary, robbery, receiving stolen goods, and shoplifting.

The value of the property associated with the theft determines the charges the prosecutor will prefer against you. You would be subject to more charges if you made use of threats, force, or weapons during the commission of the crime.

A criminal record for a theft crime conviction can seriously hinder your chances of securing a job, college admission, or leasing an apartment. Fortunately, with the help of our attorneys, you can prevent a conviction.

Violent crimes in California are heavily punished with long incarcerations and hefty fines. Repeat offenders are subject to sentence enhancement which means they serve an additional and consecutive sentence. Some of the violent crimes we handle include:

• Gang violence
• Robbery with violence
• Kidnapping
• Assault and battery
• Murder
• Rape and sexual assault
• Arson
• Participating in terrorist activities

The need to close cases by law enforcement forces them to rush to complete investigations, resulting in defendants being overcharged and others being convicted while innocent. Racism, investigators, jumping to conclusions, mistaken identity, and unreliable witnesses are some of the factors that lead to innocent persons being convicted.

Our attorneys are ready to use their experience to develop a viable defense strategy to prove your innocence or reduce the punishment where a conviction is inevitable. By preventing a sentence, we can keep your record clean which helps you leave your past mistakes.

California’s gun laws are some of the most stringent nationwide to the extent a minor firearm-related offense can turn out to be a severe crime. If you are arrested for a gun law violation, you are subject to lengthy incarceration or gun ownership rights loss. Further, if you are charged for using a weapon in the commission of a crime, you will be subject to enhanced sentencing.

Gun laws are complicated, and you might not understand the type of charge you are facing. It is the reason we are here to help you understand these laws and contest the weapon charges. Some of the weapon crimes we defend include:

• Illegal discharge of a firearm
• Brandishing a weapon
• Carrying a concealed weapon
• Possession or production of destructive devices
• Improper handling of a gun inside a car
• Unlawful sale of a firearm
• Transfer of large-capacity magazines

White-collar crimes are defined as financial crimes committed by nonviolent individuals or those in positions of power. The perpetrators of these crimes are business persons, entrepreneurs, and public officials.

The common white-collar crimes in California include bribery, fraud, perjury, forgery, identity theft, money laundering, tax offenses, and embezzlement.

As stated earlier, thefts that involve the violation of trust or abuse of an official position attract severe consequences like victim restitution, enormous fines, and jail or prison incarceration. Additionally, these crimes can destroy both your professional and personal life because of the damaged reputation. Fortunately, with an experienced criminal attorney, you can avoid a conviction.

California Criminal Lawyer Group has the skills, experience, and tenacity to effectively defend you against white-collar crime charges. The complex financial evidence won’t throw us off when brought our way. Instead, we will evaluate every aspect of the evidence and poke holes in the prosecutor’s case. If you contact us on time, we can prevent formal charges from being filed, and if the charges have already been filed, we can negotiate with the prosecutor to obtain a lesser sentence.