Crimes

 

Standard DUI - 

23152(a), (b) VC

If you have a BAC (blood alcohol) of .08% or higher, you can be charged with a standard DUI regardless of your age. With this charge, you face up to six months in prison, as it counts as a misdemeanor instead of an infraction. You could face up to $1,000 in fees and a 3–10 month license suspension. You will also receive two points on your driving record. Additionally, you will have to attend a DUI program and may have to install an Ignition Interlock Device (IID), both of which are additional fees.

 

2nd, 3rd or more DUI -

23152(a),(b) VC

Within 10 years prior to a previous DUI offense and conviction, the defendant suffered another DUI. You face up to 120-360 days in the county jail, additional fines and fees. You will have to attend another DUI program and classes and is subject to further license suspension. 

 

Wet and Reckless -

23103.5 VC

An alcohol related driving offense where when appropriate, is used as a plea bargaining tool by prosecutors instead of the more serious charge of a DUI. 

 

DUI D -

23152 (f) VC

Driving while under the influence of illegal drugs impairs your ability to drive safely. Maximum sentence is 180 days in the county jail or up to $1,000 in fines and fees. You will have to attend a DUI program and take additional classes. You license is subject to suspention of up to a year.

 

Reckless Driving -

23103 (a) VC 

Reckless driving may sound minor, but the consequences can be much more serious than the consequences of an infraction such as a speeding ticket. Under California Vehicle Code 23103, reckless driving is a misdemeanor charge carrying imprisonment for five to 90 days, a fine of $145 to $1,000, or both. 

 

Driving without a valid driver's license - 

12500 (a) VC

 

Driving a vehicle without evidence of registration -

4000 (a) (1) VC

 

Criminal threats - 

PC 422 (a)

Criminal threats to commit a crime which would result in death and great bodily injury.

 

Domestic Violence on a Spouse -

PC 243 (e) (1) 

Domestic violence battery against a spouse.

 

PC 273.5 

California law defines “domestic violence” as any form of abuse committed against your “intimate partner.” This includes intentional or reckless use of physical force against that person or threatening to use force against him or her. Most domestic violence penalties in California involve the possibility of misdemeanor or felony charges, depending on the facts of your case. Thus, they are known as “wobbler” offenses. Prior criminal record and the severity of the victim's injury are factors to be considered in deciding whether to charge a crime as a misdemeanor or a felony act of domestic violence.

 

PC 273.1 

Corporal punishment to a spouse.

 

Domestic Violence involving a Child -

PC 273a

Child abuse is a misdemenor domestic violence form of abuse committed against a child or your own child under circumstances and conditions other than those likely to produce great bodily harm and death, and you did willfully and unlawfully inflict unjustifiable physical pain and mental suffering on a minor child.

 

PC 236

False imprisonment is the unlawful violation of the personal liberty of another person.

 

Battery -

PC 242 is a frequently-filed criminal offense that involves any intentional and unlawful physical contact on another person. Simple battery under California Penal Code Section 242 PC is a misdemeanor offense that can include the following penalties: up to six months in jail, hefty court fines, probation with community service or community labor requirements, and anger management or other forms of counseling.

 

Assault -

PC 245, assault is when you try to use force on another person with the intent to cause injury, and even if you don't succeed, you may be charged with assault. Assault is a misdemeanor offense in California. If you are convicted of assault, you could be sentenced to up to six months in county jail and a fine of $1000 per offense. 

 

Burglary -

PC 459, burglary is a crime of entering a structure like a room, store, dwelling with the intent to commit a felony or a petty theft therein.

 

Trespassing - 

PC 602 prohibits trespessing, which is entering or remaining on someone else's property without permission or a right to do so, or after being asked to leave. Trespassing can be charged as a felony, misdemeanor, or an infraction.

 

Vandalism - 

PC 594(a)/(b)(1)

California makes it illegal to deface, damage, or destroy property that is not your own. If you destroy government property, it will be presumed that you didn't have the right to destroy the property, for purposes of charging you. Vandalism is punished based on the value of the property. Property that are damaged over $400 will be charged as a felony.  If you are convicted of a felony Vandalism, you face up to three years in a state prison, a fine of up to $50,000, or both prison and a fine.

 

Carrying a Switchblade - 

PC 21510 (b)

Because of how easily they can be concealed, switchblade knives are considered to be highly effective weapons. As a result, carrying a switchblade on one’s person or in one’s vehicle or offering to sell or provide a switchblade to another person is a criminal offense. Carrying a switchblade knife is a misdemeanor offense that is punishable by up to six months in jail, a $1,000 fine, forfeiture of the switchblade and any other conditions of probation that a judge may deem appropriate.

 

Drug Posession - 

Drug possession, also known as possession of a controlled substance, is a felony offense, although with certain drugs it may instead be charged as a misdemeanor offense. For simple possession of marijuana for personal use (under an ounce, or 28.5 grams) you are facing a misdemeanor punishable by up to a $100 fine. For amounts over 28.5 grams the penalties are increased to up to 6 months imprisonment and up to $500 in fines or both.

 

Solicitation of Prositution - 

PC 647 (b) (2)

Prohibits someone from both engaging in prostitution and soliciting, which means requesting, encouraging, or offering to pay for sex. In other words, it's a crime to make an offer to pay, accept money, or something of value in exchange for any type of sexual act. Punishable by up to six months in a county jail and/or a fine of up to $1,000. However, soliciting involving a minor can result in a year in county jail and a fine of $10,000.

 

Theft -

Theft is stealing the personal property of another or fraudulently appropriating property. The definition includes defrauding another or causing others to falsely report wealth in order to obtain credit, money, property, labor, or the service of another person. Theft is divided “into two degrees, the first of which is termed grand theft; the second, petty theft.” First degree theft occurs when anyone steals property or services worth more than $950, or an automobile, or a firearm, or fish (if stolen from a commercial fishery or a research operation). The value of the property (including services) must not exceed $950 in second degree theft cases. Most theft penalties in this state involve the possibility of misdemeanor or felony charges, depending on the facts of your case. The value of the property or service typically determines the severity of the charge, but the sort of property taken or some other consideration may also determine the seriousness of the case. Thus, thefts are known as “wobbler” offenses in California.

 

Petty Theft -

PC 484 - 488 is the taking of personal property of another with the intent to permanently deprive.

 

Grand Theft -

PC 487 is a wobbler meaning it could be charged as a misdemenor in which case penalty is up to 1 year in the county jail or felony, penanty is up to 3 years in jail.

 

Embezzlement -

PC 503 is a theft offense that involves a person's unlawful taking of property that has been engtrusted to them by someone else. This usually known as a white collar crime.

 

Forgery -

PC 470 is knowingly create, alter or use written documents with the intent to defraud.

 

Fraud - 

PC 532 prohibits theft by false pretenses defined as defrauding someone of money or property by false promises or representations. The offense may be prosecuted as a misdemeanor or a felony and carries a penalty of up to 3 years in jail or prison.

 

Fraud -

PC 484g

Credit crd or debit card is used to obtain goods, services or money when you know the card to be fake, forged, expired, invalid or belongs to someone else used without their authorization.

 

Robbery -

PC 211, robbery is the taking of personal property of another from his person or immediate presence by force or fear.

 

Punishments

 

Supervised Released - Alternative to Jail 

 

DUI Court - Alternative to Jail  

 

County Jail or State Prison - 

 

Probation - 

Probation is a sentencing alternative to incarceration following a criminal conviction in California. It allows you to remain out of custody as long as you follow court-ordered “probation terms.”

 

Restraining Order/Protective Order - 

A restraining order (also called a “protective order”) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. The person getting the restraining order is called the “protected person.” The person the restraining order is against is the “restrained person.” Sometimes, restraining orders include other “protected persons” like family or household members of the protected person.

 

Legal Process

The legal process in the United States is complex and multifaceted, involving various stages and participants. 

 

IInvestigation: The legal process often begins with an investigation by law enforcement agencies or other government authorities. This may involve gathering evidence, interviewing witnesses, and collecting information to determine whether a crime has been committed.

 

Charging: If law enforcement believes there is sufficient evidence, they may recommend charges against a suspect. Prosecutors, who are attorneys representing the government, then review the evidence and decide whether to file formal charges.

 

Arraignment: After charges are filed, the suspect is brought before a court for an arraignment. During this hearing, the charges are read, and the suspect is asked to enter a plea (guilty, not guilty, or no contest).

 

Pretrial Proceedings: Before a trial begins, there may be various pretrial proceedings, including motions filed by the defense or prosecution, hearings on evidentiary issues, and plea negotiations.

 

Preliminary Hearing: A preliminary hearing is a court proceeding where a judge determines if there's enough evidence for a case to go to trial. It's like a mini-trial where the prosecution presents evidence and witnesses, and the defense can challenge it. If the judge decides there's sufficient evidence, the case proceeds to trial. If not, the charges may be dismissed.

 

Trial: If the case goes to trial, it is heard before a judge or jury, depending on the nature of the case and the defendant's preference. The prosecution presents evidence and witnesses to prove the defendant's guilt beyond a reasonable doubt, while the defense has the opportunity to present its own evidence and cross-examine witnesses.

 

Verdict: After hearing all the evidence and arguments, the judge or jury deliberates and reaches a verdict. If the defendant is found guilty, the case moves to the sentencing phase.

 

Sentencing: The judge imposes a sentence on the defendant, taking into account factors such as the severity of the crime, the defendant's criminal history, and any mitigating or aggravating circumstances.

 

Appeals: If either the prosecution or the defense is dissatisfied with the outcome of the trial, they may appeal the decision to a higher court. Appeals are based on legal errors made during the trial, rather than a reevaluation of the evidence.

 

Post-Conviction Proceedings: After a conviction, there may be additional legal proceedings, such as post-conviction appeals or motions for a new trial based on newly discovered evidence or ineffective assistance of counsel.

 

This is a general outline of the legal process in California, but it can vary depending on the nature of the case and the jurisdiction in which it is prosecuted.

Contact Us Today!

 

The Law Office of Kimberly A. De La Fuente

 

Address:
500 N. State College Blvd, Suite 1100
Orange, 92868


Phone: 714-919-4432

 

E-mail: delafuente.law@gmail.com

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