Criminal Defense Crimes
Burglary
Burglary - as defined in Penal Code section 459 - involves entering a house, room, apartment, shop, warehouse, store, barn, vessel, or other building with the intention of committing a theft, or any felony. This overly broad definition means that you can be charged with burglary if you merely enter a building with the intent to commit a crime - even if you leave without doing anything else that qualifies as a crime.
Burglary crimes are distinguished between 1st and 2nd degree. 1st degree burglary - a "strike" under California's 3 Strikes Law - is charged when someone enters a house or other building that is considered "inhabited." Prison sentences for conviction of 1st degree burglary are two, four, or six years.
Burglary of all other types of structures are charged as 2nd degree commercial burglary, and are "wobblers" since they can be charged as either misdemeanors or felonies. Conviction of misdemeanor burglary carries a county jail term of less than one year; conviction of felony burglary carries a prison term of up to three years.
Robbery
Robbery - as defined in Penal Code Section 211 - involves using force or fear to take property from another person. In contrast to burglary, which can be charged as either a misdemeanor or felony, all robberies are classified as felonies and all are strikes. The distinguishing feature of robbery is that it involves a person to person confrontation and the use of force, coercion, or intimidation to takes someone's property.
1st degree robberies take place in buildings considered inhabited - homes, trailers, apartments, vessels; or against drivers or passengers of public vehicles like taxis, subways, or trains; or against people using ATM machines. Conviction of 1st degree robbery carries a prison term of three to nine years, depending of the circumstances. All other robberies are classified as 2nd degree and are punishable by prison terms of two, three, or five years.
For a more detailed description of robbery and burglary - including enhancements that can lengthen prison terms.
Methamphetamine • Ecstasy • Cocaine • Marijuana • Prescription Drugs
As a former major drug crimes prosecutor, I have seen almost every scenario when it comes to drug possession charges. I have the experience to advocate and to protect the rights of clients charged with the possession of controlled substances including serious street drugs, or possession of pharmaceutical drugs like OxyContin, Xanax or Vicodin without a prescription.
In any drug possession case, my main goal is to get the charges dismissed and to keep you out of jail.
Many times, a charge of drug possession arises from a traffic stop. There may be additional charges relating to driving under the influence of drugs. I can handle these complex cases and the important issues such as an unlawful stop or illegal search and seizure, which can make all the difference in a drug possession case. Contact my office in Riverside now for a free consultation.
Diversion Programs: Do You Qualify?
Most nonviolent offenders qualify for diversion programs. I am often able to negotiate a favorable deal and make certain the charge is eventually removed from your record. I work hard to cover all the bases and make sure your case is on track to prevent any potential probation violation.
Drug Possession Defense
People facing charges for drug possession and use may be able to avoid a conviction or time in county jail or state prison depending on the circumstances of their offenses and their criminal records. Two different programs - Proposition 36 under Penal Code 1210.1 and Deferred Entry of Judgment under Penal Code 1000 - give the opportunity to undergo drug treatment in exchange for the possibility of obtaining a dismissal of the drug charges. Both programs are aimed at drug users with the premise that treatment is preferable to incarceration. These programs are not available for people charged with manufacturing, selling, or trafficking drugs.
Though the programs are similar in intent, they do have important differences. Proposition 36 - passed by voters in 2000 - is described below. Click here or on the tab to the left to read about "Deferred Entry of Judgment."
If you're facing charges for drug use or possession, it's important to consult with an experienced defense attorney to determine which program best suites your situation.
PC 1210.1 provides people charged with non-violent possession of illegal drugs the chance to enter a treatment program rather than be sentenced to jail or prison. PC 1210.1 has complex guidelines regarding who can take advantage of the program, so it's important contact a qualified criminal attorney for review of your case.
If at the end of the probationary period the defendant has completed the drug treatment program and all other terms of probation, the judge orders the charges dismissed. Moreover, PC 1210.1(e)(1) states that "both the arrest and the conviction shall be deemed never to have occurred," which means that the defendant is not required to disclose the arrest or dismissed conviction when questioned by prospective employers or other interest parties. (The exception is to questions that arise from application for a position as a peace officer.)
As mentioned above, requirements for this program are complex. For example, in general terms people with prior convictions for serious felonies are not allowed to participate in a treatment program under PC 1210.1. However, the program is still an option if during the preceding five years they have not been in prison and they have not been convicted of a felony (other than a non-violent drug possession crime), or of a misdemeanor involving violence. In addition, people are ineligible if they have participated in two prior treatment programs under PC 1210.1, refused drug treatment as a condition of probation, or used a deadly weapon while under the influence of illegal substances.
California Marijuana Laws
A number of sections of California's Health & Safety Code deal with possession, use, and sale of marijuana. Some are charged as misdemeanors, while others are charged as felonies. Possible sentences include fines, time in county jail or state prison, or diversion through drug court - depending on the circumstance of each offense and which codes are violated.
If you've been charged with violating any of these provisions, contact me for a free and confidential consultation. My previous experience as a drug crimes prosecutor gives me the knowledge to built an effective defense for my clients and protect their rights and long-terms interests.
Medical Marijuana Program Act
As a California appellate court affirmed in People v. Colvin, the MMPA provides protection against prosecution for transportation as part of the activities of a qualified medical marijuana dispensary. You must be a qualified patient or caregiver and a member of a legitimate medical marijuana cooperative.
Dismiss Charges • Clear Felony Record • Seal Juvenile Records • Expungement
It is not always possible to get criminal charges dropped. Sometimes charges stick. If you were convicted or took a plea agreement, you need an attorney who can look out for your future and fight to clear your criminal record so that you can get your life back to normal as soon as possible.
Expungement is an important part of my long-term commitment to my clients' future success. For adult and juvenile clients alike, it can represent a fresh start with a clear record.
Clearing your record is extremely important in many situations, especially when it comes to applying for a job. After a successful expungement, your record will show that the case was dismissed, allowing you to honestly answer most questions about your criminal history by saying that you have not been convicted of a crime. Contact us today to learn more about this process in a free consultation.
The Expungement Process
In order to expunge your criminal record, I will file a petition to the court to have your case reopened and your plea set aside. To be eligible for expungement in California, you will have to meet certain conditions:
- You must have successfully completed court-ordered probation and paid all fines, probation fees and restitution.
- You cannot be currently facing charges in another criminal case.
- You must not have served time in state prison for the offense for which you are seeking expungement.
Assuming you meet these criteria, it is then my job to convince the court to issue an expungement in the interest of justice. My trial experience and proven ability to advocate for my clients' interests give me an advantage in making a case for expungement and persuading the court that you are not likely to commit additional crimes. Expungement does not erase an arrest, conviction, or guilty plea. Certain employers, especially the government, can still access your history. Nonetheless, expungement can be beneficial to people looking to advance their careers or pursue an education.
Domestic Violence
Domestic violence cases are among the most emotional of all criminal cases, and can be complicated, with the parties involved often having very different interpretations of what happened. In addition, society can be a harsh judge of such incidents, quick to assume guilt no matter what the evidence suggests.
If you've been charged with domestic violence, you need an attorney who will ask the right questions, listen carefully, sift through the evidence to understand what occurred, and provide you with an effective defense.
I understand that even an allegation of domestic violence - also called spousal abuse - can tear a family apart. And in difficult times, such as divorce, it is not uncommon for one family member to accuse another of abuse to gain an advantage in a legal dispute. As a former prosecutor who has handled hundreds of Domestic Violence cases, I understand both sides of a domestic violence case and work tirelessly to ensure that my clients receive objective representation and the best legal protection.
California Domestic Violence Law
There are specific California laws that distinguish domestic abuse and violence from other violent crimes such as assault and battery. California Penal Code 273.5 governs most instances of domestic violence. It makes it a crime if "traumatic" bodily injury - defined as an internal or external wound caused by physical force - results from a confrontation between:
- Spouses
- Former spouses
- Cohabiting couples
- Former cohabiting couples
In addition, a conviction under Penal Code 273.5 requires that the injury was willfully, or intentionally, inflicted.
Penalties Under PC 273.5
Penalties Under PC 273.5
Penal Code 273.5 is what is called a "wobbler," meaning that it can be charged as either a misdemeanor of a felony depending on the circumstances of the incident and the criminal history of the defendant.
Conviction of a misdemeanor results in some combination of:
- county jail time of up to one year
- fines of up to $6,000 - with the possibility of additional fines depending on prior offenses
- reimbursement of the victim's medical expenses
- payment of up to $5,000 to a shelter for battered women
- a restraining order that prevents the convicted person from having contact with the victim for up to ten years
- counseling
- community service
- at least three years informal probation
- 52 weeks of Domestic Violence classes
Conviction of a felony results in some combination of:
- state prison time of up to five years, depending on prior convictions
- additional prison time if the victim suffers great bodily injury
- a possible strike on your criminal record
- formal probation
- the restraining order, counseling, and community service provisions listed for misdemeanor conviction above
Probation Violation
If you were convicted of a crime in the past but did not complete the terms of your probation, you are in danger of additional fines, jail, or even prison time. You need an experienced criminal defense attorney to protect you.
We have over 30 years combined in criminal law in the Riverside & San Bernardino areas, including prior years of experience as a prosecutor in Riverside County. We can assist immediately on your behalf by contacting the courts to schedule a hearing date and begin the negotiating process with the district attorney’s office. With our reputation and expertise, we will work to get the best resolution possible for your case.
Terms of Probation
When someone pleads no contest to a crime - or is found guilty at trial - the judge in the case specifies the terms of the sentence, including jail or prison time, fines, and probation.
Probation itself is divided into two categories: misdemeanor - also known as informal or summary - probation; and felony - or formal - probation.
Probation of either type can include restitution, work release, counseling, and community service, as well as other conditions, including but not limited to: not violating any other laws, not visiting specific locations or associating with certain people, and not consuming alcohol.
Misdemeanor vs. Felony Probation
Misdemeanor (or informal) probation usually does not require appearing in court at set intervals or meeting with a probation officer. Instead, the responsibility to abide by the terms of probation falls on the convicted person.
Felony (or formal) probation, in contrast, requires regular meetings with a probation officer, regular appearances in court, or some combination of the two. Where misdemeanor probation typically lasts one to three years, felony probation can last up to five years.
Violations of Probation
Problems arise when the terms of probation are violated. Examples of probation violations include arrest for a new offense, failure to complete counseling or community service, failure to pay restitution, or possession of illegal drugs or weapons. In some cases, the court will send notice by mail of a probation violation. In other cases, however, the court moves directly to issuing an arrest warrant.
Outstanding Warrants
If you know or suspect that you have an outstanding warrant for your arrest, it is extremely important that you contact an experienced defense lawyer immediately. Warrants do not simply go away by themselves.
Even a warrant for unpaid traffic tickets can result in major consequences. You could be arrested on the job, seriously jeopardizing your employment. Or worse, the police could come for you at home, placing you into custody in front of your kids. Your best option is to contact an experienced attorney to assist in these matters.
An outstanding arrest warrant can be devastating. We can help you regain control of the situation and resolve the issue on your own terms. Our experience and familiarity with the county courts in the Riverside & San Bernardino courts give us an advantage in these cases. Don't wait. Contact us now to get the help you need to fix the problem before it gets worse.
Removing Arrest Warrants
If you wait until the police have you in handcuffs to deal with an outstanding arrest warrant, your options may be severely limited. The next time you try to renew your driver's license or your next traffic stop could result in jail time -- when you are arrested on an old warrant, there is often little chance of getting released on your own recognizance without posting bail.
Think of the relief you will feel when you no longer have an outstanding arrest warrant hanging over your head. We can help you make arrangements with the courts to schedule a surrender date, preventing the embarrassment of a public arrest. I will work tirelessly to negotiate terms that will keep you out of jail and will place the matter back on the calendar so you have a chance to handle it the right way.
Assault & Battery
I defend people charged with assault and battery in the Riverside area. If you've been charged with one of these crimes, you may be facing very serious consequences. As a criminal defense lawyer and former prosecutor, we can help minimize the current and long-term consequences of your charges.
Assault
Assault is defined by California Penal Code section 240 as "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." To get a conviction for assault, the prosecution must show that you had the intention to inflict injury on another person and that you had the ability to make it happen.
The reality is that few people are charged with a simple assault. Instead, they face more serious charges that stem from an assault using some sort of weapon. Penal Code 245 (a) (2) concerns assault with a firearm. Penal Code 245 (a) (1) concerns assault with a deadly weapon other than a firearm, or with force sufficient to cause great bodily injury.
Under California law, assault is a 'wobbler,' which means it can be charged as either a misdemeanor or a felony depending on the circumstances. A simple assault is charged as a misdemeanor, and comes with fines up to $1,000 and time in county jail of up to six months. But a number of factors can raise the charge to a felony and result in substantially greater penalties.
To build an effective defense, your attorney needs to ask questions and gather evidence to fully understand the nature of the incident. An assault charge can sometimes arise from a verbal conflict, when in reality there was no intention to cause bodily injury. Or it could be that people in a room where a fight breaks out are falsely accused. Whatever, the circumstances, you need an attorney who knows the law and can defend your interests and reputation.
Battery
Battery is defined by California Penal Code section 242 as a "willful and unlawful use of force or violence upon the person of another." So, where an assault is an attempt to injure someone, a battery is the actual commission of the injury.
Like assault, battery is a wobbler. Simple batteries are charged as misdemeanors, with convictions resulting in fines of up to $2,000 and county jail time of up to six months. Certain circumstances, however, can raise the charge to a felony. Battery with great bodily injury, for example, can be charged as a felony and can result in a prison term of two, three, or four years.
Vandalism
Vandalism is defined in Penal Code Section 594 as a malicious act that destroys, damages, or defaces with graffiti any real or personal property. Examples of vandalism include spraying graffiti on a freeway or building, breaking the window of a car, destroying a statue or other piece of artwork, damaging a cemetery headstone, defacing a park bench, or any other act that meets the law's broad definition.
California law brings severe penalties for acts of vandalism - including fines, jail or prison time, restitution, and even loss of driving privileges. If you've been charged with vandalism, contact us online, or call us at to discuss your case.
Misdemeanor v. Felony Vandalism
Acts of vandalism that cause less than $400 worth of damage are generally classified as misdemeanors. Punishments include jail time of up to one year and/or fines up to $1,000.
Vandalism that causes damage worth $400 or more is charged as a felony. Penalties include time in state prison or county jail up to one year and fines up to $50,000 depending on the dollar value of the damage. In addition, prior convictions for vandalism can cause a misdemeanor act of vandalism to be bumped up to a felony.
Clean Up of Graffiti - Restitution to Local Governments
Penal Code Section 594 also allows the court to order a person convicted of graffiti vandalism to clean up or repair the damaged property and keep the property graffiti free for one year. Other forms of community service may be required at the court's discretion.
In addition, a new state law designates as a "victim" the city or county in which graffiti vandalism takes place, giving the locality the opportunity to seek restitution from graffiti taggers to pay for clean-up, repair, restoration, or replacement of damaged property.
Loss of Driving Privilege for Vandalism
Conviction of vandalism also results in suspension of driving privileges for up to two years, according to Vehicle Code Section 13202.6. If the convicted person does not yet have a driver's license, the court will order issuance of the license delayed for one to three years after the date the person becomes eligible. Performance of community service - specifically defined as clean up of graffiti - can reduce the suspension or delay.
Finding a Homicide, Murder, or Manslaughter Defense Lawyer in Riverside & San Bernardino
Being charged with murder or manslaughter—both homicides, but with very different defenses and outcomes—is among the most serious situations anyone could ever encounter. And yet, there are nearly 17,000 cases of murder in the United States every year, and the circumstances of each case can lead to extremely diverse outcomes. We defend the rights of the accused in all types of homicide cases.
First, it helps to understand the differences between homicide charges, particularly how the law defines murder and manslaughter:
Homicide
Technically, homicide refers to both accidental and intentional forms of taking the life of another person. Accidental homicide is a criminal act only if gross negligence, such as drunk or reckless driving, was involved.
Murder
First-degree murder involves premeditation or a killing during the commission of a felony, such as while robbing a store or in a kidnapping. Second-degree murder is a lesser charge, but under California law, can still result in a life sentence. When charged with murder in the Inland Empire or elsewhere in the state, this key distinction can be crucial to both the defense strategy and ultimate trial outcome.
Manslaughter
This is an unlawful killing of someone without premeditation or malice. For example, reckless driving that causes a death can be vehicular manslaughter. Voluntary manslaughter is typically a homicide committed in the heat of passion or in self-defense. Involuntary manslaughter a homicide caused by a failure to perform something that is legally expected, such as a carnival ride owner who failed to properly maintain equipment safety. A manslaughter defense, in Sacramento as much as Los Angeles or San Francisco, is generally built around the circumstances that led the accused to do something they would not be inclined to do otherwise.
The process after being charged with murder or manslaughter
After someone is charged with murder or manslaughter, he or she will be arraigned, which occurs in court in front of a judge with representation of an attorney. The charges are read, the defendant is identified, and bail is set. At a pre-preliminary hearing, the parties may engage in plea negotiations, and they identify the issues, witnesses, and strengths and weaknesses of the charges.
A preliminary hearing follows, where the prosecutor seeks to establish probable cause—that a crime occurred and the person charged appears, but has not yet proven, to be the person who committed it. If the parties are unable to reach a plea bargain, the case goes to trial. If the defendant is found guilty, he or she is sentenced, and an appeal is available, if warranted.
White Collar Crimes
We defend individuals and businesses accused of committing white collar crimes including fraud, insurance fraud, workers' compensation fraud, and embezzlement throughout Sacramento, California. White collar crimes often involve one or more state or federal agencies, such as the Internal Revenue Service (IRS), Securities Exchange Commission (SEC), the California State Attorney General, the California Department of Insurance Fraud Division, and the local district attorney.
Fraud
In general, fraud encompasses any type of crime where a person or business intentionally deceives another person or business with the goal of obtaining personal gain, usually financial gain. Fraud includes any type of insurance, securities, or business fraud.
Insurance Fraud
Insurance fraud includes falsifying statements in order to collect payments you would not otherwise be entitled to receive. Insurance fraud can be committed under any type of insurance policy, including automobile, homeowner's, fire, and health insurance. Workers' Compensation fraud is a particular type of insurance fraud that law enforcement has begun increasingly investigating in recent years. In California, Workers Compensation Fraud is a felony and carries serious punishments.
Securities Fraud
Securities fraud crimes typically involve federal laws and include charges of false and deceptive practices related to the buying and selling of stocks and commodities. This encompasses Ponzi schemes, pyramid schemes, broker embezzlement, and insider trading.
Business Fraud
Business fraud covers a wide array of crimes, including using accounting techniques or falsifying records to mislead investors and auditors about the true financial condition of the business, self-dealing, using corporate assets for personal gain, and backdating stock options.
Embezzlement
California law defines embezzlement as a type of theft that involves "the fraudulent appropriation of property by a person to whom it has been entrusted." These charges typically arise when employees have been accused of stealing from their employers.
