Los Angeles Criminal Lawyers Blog

When you have been arrested and charged with a crime in San Diego, that does not mean you are guilty of unlawful activity. It merely means that you have been suspected of violating a California law, and will be tried before a Judge in a Court of law to determine whether you are actually guilty or not.

A person will only be convicted once the government has proven to a jury beyond a reasonable doubt that the person being charged did in fact commit the crime. Once the person has been tried, and found guilty, a sentence will be imposed.

Sentencing is not a black and white standard. Not all crimes deserve the same punishment and therefore, the legislative provides a range of possible sentences. For example, let's consider an assault charge by comparing two different scenarios.

In the first scenario Dan is at a bar. A guy accidentally knocks over Dan's beer as he is leaving the bar. Dan is outraged that the man spilled his drink and immediately punches him. Dan has previously been arrested and convicted for battery. The man that Dan hits suffers a broken nose and is rushed to the doctor, he will incur medical bills and will take some time to recover.

In the second scenario, Dan is at a bar with some friends. Dan has no criminal record, nor has he ever had any tickets on his record. Dan sees a guy in the bar harassing a woman by the pool table. Dan steps in and asks the man to stop harassing the woman. The man ignores Dan and continues to harass the woman, even grabbing her arm at one point. Dan has no choice but to push the guy away, who falls backwards and falls on top of a table. Other than a few bruises, he suffers no injuries.

Both instances are situations in which Dan may be charged with assault and arrested. Potentially an assault charge may impose up to six months in county jail and a fine of up to $2,000.00 if a person is convicted. In comparing the two scenarios, it hardly seems fair that both should warrant the same consequences.

In the first situation, Dan had already been found guilty of having hit someone in the past, and Dan was unnecessarily acting with force. In addition, he ended up severely injuring someone and costing them their health , time and expenses. In contrast, the second situation Dan was being chivalrous. Whereas he still hit someone, there were minimal injuries and there was no prior record demonstrating that Dan in that situation was a good citizen and a stand up guy.

The Judge will consider all these factors and circumstances, including the criminal history and will impose a sentence accordingly. That is why the statue defining the unlawful action will be laid out in a wide range. This gives the Judge discretion in imposing a sentence that is reasonable in light of the background of the case.

A skillful San Diego Criminal Defense lawyer has years of experience in negotiation with a Judge when it comes to sentencing. The right argument and defense can make the difference between no time in jail and six months.

When a person has been charged with a criminal offense, their criminal background will play a big role in the overall outcome of the case.

If the person does have a criminal record, the Court will look to see if the person was on probation at the time the current crime was committed. If the person was on probation, then there will be an additional charge for a probation violation. The Court takes probation violations very seriously and it could add a significantly harsher penalty to the final sentence if the person is found guilty and is convicted of the most recent crime.

If the person is not on probation, but has a prior criminal history, it could still lead the Court to impose a harsher sentence. The potential sentence for each criminal offense is outlined as a range in the statute. Each statute will establish a minimum fine and a maximum fine along with a minimum and maximum jail sentence. Where the final sentence will fall depends on the person's past criminal history and the facts of the case.

For example, let's say that Dan is being charged with California Assault and has been arrested for assault in the past and convicted. The potential range for assault is fines up to a $1,000 in fines and zero to six months in county jail. The Court will consider Dan's prior conviction of assault and will impose a fine closer to $1,000 and possibly a jail sentence because the impression will be that Dan has not learned his lesson.

In contrast, if Dan did not have a prior criminal record, the Court would generally be a little more relaxed in imposing a fine and a jail sentence, since it is a first time offense.
When a person does not have a prior criminal record, it is beneficial for the Los Angeles Criminal Lawyer to help prepare a powerful argument in having the case reduced or dismissed. By demonstrating to the Prosecutor and the Judge that the offense was out of character and that the person being charged is generally a very positive member of society, it helps negotiations for a reduced charge.

For example, Dan is being charged with assault, but has no prior criminal record, not even a traffic ticket. He volunteers, is enrolled in college and is working part time to pay bills. An experienced Criminal Defense attorney will use positive examples from Dan's life to present him to the court as more than a case number, but as a person who is an asset to the community and who made a mistake. If the defense attorney can prepare a strong portrayal of Dan's positive characteristics, the government will be more likely to reduce the charges against Dan to possibly even an infraction or dismiss the case altogether. If the attorney is unable to reduce or dismiss the case, it is likely that the Judge will impose a lesser penalty due to the lack of prior offenses on Dan's record.

California Penal Code §12025 makes it unlawful for any person to do any of the following:
1. Conceal a weapon in a motor vehicle that is in their control
2. Cause a weapon to be concealed in a motor vehicle when they are an occupant
3. Conceal a weapon on their person

Concealed means when a firearm is hidden. If the firearm is in plain sight, then the firearm is not concealed, and the person may not be charged under this section. That, however, does not mean that they will not be charged under another section.
The Prosecutor must prove that a person that was charged is guilty beyond a reasonable doubt of each element of the charge. They must show that the weapon was concealed, and that it was in the vehicle under their control, that they caused the weapon to be concealed in a motor vehicle, or that it was on their person, depending on the subsection of the Code.

If a person is charged, and convicted the potential consequences will fall within a range established by legislation. The sentence varies based on the specific facts of the case and the criminal background of the person. A person who has an extensive background and a criminal history will likely serve a harsher punishment than a person who has committed their first offense. Similarly, a person who actively went above and beyond to conceal a weapon versus a person who inadvertently concealed a weapon will serve the higher penalty.

If a person is convicted of a Concealing a Firearm charge, they will be facing anywhere between three to six months in county jail. Probation is also available, and if the person is granted probation, they can serve up to three months in county jail.

Serving a jail sentence is a significant penalty, and many clients hope to avoid the penalty as much as possible. A powerful defense prepared by a Southern California Criminal defense attorney can help convince the Prosecutor to offer penalties other than jail time. There are many available options outside of jail time, but need to be properly presented to the Judge. Alternatives to jail time include house arrest, formal probation, private jails, work release programs and many other options.

If your case warrants jail time, be sure to consult with a professional. Having an attorney represent you in Court could be the difference between jail time and simple probation

When someone you know has been arrested and taken into custody, your first and foremost concern is how to get them out. Unfortunately, the average person does not have the bail amount readily available, and therefore a bail bondsman becomes necessary.

The set bail amount will vary based on several factors. Essentially the court will ask whether if this person was released, would they be a danger to society, and will they appear in court for their next scheduled hearing. If the facts point to the likelihood that this person will flee and neglect their court ordered duty to appear before the judge, or if the nature of their crime caused serious injury or harm to society they will have a higher bail.

The amount of bail paid is generally returned once the court process has been completed and the sentence given. However, to gather the money in the first place is not easy for the average American. A bail bondsman will pay the bond for you if you pay a certain percentage to the company. For example, if the bond is set at 20,000, you may be asked to pay the bail bondsman 15%, for a total of $3,000. Once you pay the 15%, the bail bonds company will pay the authorities the $20,000 which will be returned to them once the court process is complete. They will keep your $3,000 as their fee.

When picking a bail bondsman, make sure you go with a company that is trusted and recommended by criminal defense attorneys who have been working in the field for over thirty years. An experienced Los Angeles Criminal Defense attorney will have built a solid relationship and have worked with many bail bonds companies. They can recommend a company that will deliver results and will be trustworthy. Do your research and make decisions carefully, after all you want the company that can deliver results as efficiently and quickly as possible!

Actress Lindsay Lohan appeared in the Beverly Hills courthouse on September 24, 2010 and was ordered to be taken into custody with no bail.

Ms. Lohan had spent two weeks in jail in this past August and several weeks at a Rehabilitation facility where she had made great strides in tackling her drug and alcohol addiction. Upon being released from the facility, as part of her probation she was ordered to provide the Court with random drug tests whenever requested. The actress, however, failed multiple drug tests in the week before her court appearance. As a result, the Judge took her into custody for her probation violation and set another hearing date for October 22, 2010. The Judge will then decide if Lohan had violated her probation and what the revised sentence will be.

When the Judge grants probation it should be taken very seriously. Your probationary period is a chance for the Judge to see that you have learned from your sentence and will not make the same mistake again. If you violate your probation you will have to appear before the Judge and he or she will decide the appropriate steps to be taken. Possible consequences may include an additional fine, extended probation or community service, and in many cases, mandatory jail time.

A probation violation hearing requires a court appearance. It may seem as if a probation hearing is not as important as the actual criminal hearing but this is not the case. It is highly recommended that you hire an experienced Los Angeles criminal defense attorney. The hearing outcome can change your sentence and in some cases, like Ms. Lohan's, order you to serve a mandatory jail sentence. If you violate your probation, you are no longer protected from avoiding jail. The Judge has the discretion to order any sentence he deems necessary. Protect your minimal sentence, take the proper steps to ensure that your probation violation hearing has the outcome you desire.

A California assault charge is defined in the California Penal Code under sections 240 and 241.

Assault is defined under section 240 as an "unlawful attempt, coupled with present ability, to commit a violent injury to the person of another". Translated into simple terms, it means that if someone attempts to and has a capability of causing violent injury to a person, they may be charged with assault.

The potential penalties for an assault charge fall along a range depending on the specific facts of your case. The sentence will also depend on who was assaulted; a civilian, an officer, school personnel, as well as where the assault took place. Based on these factors the penalty may include a fine up to a thousand ($1,000) dollars and/or up to six months in county jail. The fine may be up to $2,000 when the assault is committed by or upon a peace officer, firefighter, medical technician, nurse, doctor, lifeguard, process server, animal control officer, or traffic officer in the course of his or her duties.

The broad range of sentencing allows room for negotiation. A powerful argument presented by a knowledgeable Los Angeles Criminal Defense Attorney can significantly reduce your sentence.

A California Battery charge is defined by the California Penal Code section 242. Section 242 defines a Battery as any willful and unlawful use of force on the person of another. Put simply, a battery results when a person causes physical impact on another that is unsolicited and unwarranted causing injury.

The potential penalties for a battery charge fall along a range depending on the specific facts of your case. The sentence will also depend on who the battery was committed and by and against who, as well as where the assault took place and the extent of the injuries. The basic sentence that falls on the lower end of the spectrum will be a fine up to two thousand ($2,000) dollars and/or up to six months in county jail.

On the higher end of the spectrum a battery charge may receive a sentence of up to $10,000 if battery is committed by or upon a peace officer. Similarly, the sentence will be considered in a different light when the battery is directed towards or committed by those who serve the community such as lifeguards, doctors, nurses and firefighters.

Additionally, the extent of the injury will determine if the sentence is harsher or towards the lower end of the range. Battery charges with extensive bodily injury will receive up to four (4) years in county jail. Where the victim suffers from a minor bruise or scratch, the penalty might not be so severe as someone who causes the victim to have tissue damage, or internal injuries. Also considered is if the battery was committed by a minor and if it took place on school grounds.

The broad range of sentencing allows a Judge to weight together many different factors including your personal background as well as the facts surrounding your case. Whether your case is a simple case with minor injury or one with serious injury, a battery charge can leave a scar on your permanent record. A powerful argument presented by a knowledgeable Los Angeles Criminal Defense Attorney can significantly reduce your sentence.

On September 20, famous heiress Paris Hilton pleaded guilty to two misdemeanor drug possession charges in Las Vegas. The Judge sentenced her to 12 months of probation, mandatory attendance at a substance abuse program, a fine of $2,000 and 200 hours of community service.

No matter the charge, avoiding jail time is a significant concern for many people that are arrested. Most criminal offenses including, but not limited to, DUI, theft and drug possession, have in their statute a range of penalties that held guide the Criminal Judge in giving a sentence. Most include a range of jail time that may be imposed depending on the specific circumstances of the case. Prosecution recommends a sentence to the Judge based on the facts and discussions with the defense attorney.

You do not have to be a celebrity with a high paid lawyer to avoid jail time. An experienced Los Angeles criminal defense lawyer knows the Judges and Prosecution well and can prepare a powerful argument that will give you the best possible outcome.

The knowledgeable criminal defense attorney will prepare a strategic defense on your behalf that will focus on your positive attributes and present you to the Judge in the best possible light so that the Judge sees you as an honorable member of society. With over thirty years of practice and a remarkable reputation among the criminal courts of Southern California the attorneys at Hoffman and Associates can give you the star treatment without the outrageous prices.

A criminal charge may have very serious consequences on your immigration status, if you are not a natural born citizen. In many situations your Legal Permanent Status may be revoked, and as a much more serious consequence, you may be deported.

The Immigration and Naturalization Act outlines certain categories of offenses that may warrant deportation. Certain crimes pertaining to crimes of moral turpitude may be grounds for deportation. Crimes of moral turpitude are those that would offend the average person. An attorney who has handled thousands of cases involving immigration issues is familiar with the consequences and understand the importance of your Immigration status. The California criminal law as it relates to Immigration law is complicated and subjective, thus leaving room for a powerfule argument and defense which allows for a persons immigration status to remain unchanged.

Additionally, certain offenses, such as drug offenses, domestic violence or aggravated assault may also be ground for revocation of immigration status. More often than not a felony will have much more serious consequences than a misdemeanor on your immigration status.

If you are not a natural born citizen and have been charged with a criminal offense it is more important than ever to hire an experienced Los Angeles Criminal Defense attorney to protect your rights and ensure that you are given a fair trial before a final judgment is reached. At Hoffman and Associates our skilled attorneys work closely with a highly recommended Immigration attorney to reach the best possible outcome for your case so that not only does your record remain clean, but your immigration status remains secure. Don't risk your future and well being, hire someone with over thirty years of experience and your best interests in mind. Contact our office today for a no obligation consultation!

Juvenile court in Southern California has jurisdiction over persons committing criminal offenses under the age of 18. Juvenile courts are conducted differently from adult criminal courts and carry with it certain drawbacks and benefits in comparison. An experienced Criminal Defense attorney that has handled over thousands of juvenile cases will know the differences and will be knowledgeable in a minor's rights in criminal cases; not only those of adults.

Minors appearing before a judge in criminal court have the same Constitutional Rights as those tried in Criminal court. However, juveniles do not have the right to a jury trial. The focus of Juvenile court is to protect youths from the severe potential consequences of the adult criminal justice system and to rehabilitate youthful offenders instead of merely punishing them for their crimes. Consequently, a potential sentence for a minor in juvenile court will not be state prison, but often group homes, detention camps, or the juvenile equivalency of prison.

Each criminal charge will also have a separate guideline for sentencing when it comes to minors. However, some crimes will render a youth unprotected by the severe consequences of the adult justice system. Specific categories such as murder, rape, robbery and mayhem allow the District Attorney to try a youth as an adult.

It is important that a minor's rights are protected in court, especially when they could potentially be sentenced under the adult criminal justice system. An attorney who understands the rights and intricacies of juvenile offenses can ensure that the minor's rights are recognized and protected in the court of law. Ronald Hoffman as handled over thousands of cases in which he has prepared a powerful argument on behalf of the youth in court, not only keeping the client out of the adult criminal system but oftentimes getting the case dismissed. Assure that you get the best representation possible and the peace of mind you deserve. Contact our office for a consultation without cost or obligation!

Our clients who have been charged with a Southern California theft offense face a range of potential consequences. They will be sentenced along a spectrum of penalties ranging from time in jail, to community service, to a fine depending. Where they land on the scale depends on the specific facts of the case and the value of the object stolen.

A theft offense will be charged as Grand Theft when the value of the merchandise stolen is over $400. For cases involving the theft of a firearm, potential consequences can range between 16 months imprisonment in state prison up to 3 years. (California Penal Code 489). For all other cases involving Grand Theft, the penalty will be up to one year in county jail or state prison.

A Southern California theft offense in which the value is under $400 will be charged as petty theft. Petty theft will be punished by a fine up to $1000, or up to 6 months in county jail, or both (California Penal Code 490).

The sentence that is imposed will depend on the factors surrounding your unique situation and how your case is presented in court by your Criminal Defense attorney. A knowledgeable attorney will be able to develop an effective defense after reviewing the specific facts. Over thirty years of experience is reflected in the expert manner with which Hoffman and Associates handles your case.

Our highly skilled staff works efficiently to weaken prosecution's argument so that your potential penalty falls at the lower end of the sentencing scale. Good Criminal Defense attorneys, such as the professional staff at Hoffman and Associates, will keep your best interests in mind and fight hard to get you the best results possible!

Some sentences will require convicted defendants to serve their sentence in a Jails and some will require they serve their sentence in Prison. There are differences between the two and they each serve a specific purpose.

Jails are county facilities throughout the state which house two types of inmates. Inmates that are pending completion of their criminal cases house for community safety and for inmates who are serving sentences that are a year or less. The maximum amount of time someone can serve a sentence in a jail is a year.

State prisons, on the other hand, are federal facilities often used to house more serious and often violent offenders. These are for defendants that have already completed their court proceedings and have sentences greater than one year.

Jails also consider Good Time, Work Time which due to overcrowding reduces the amount of time served by defendants at these facilities. Typically the range of time taken off their complete sentences is from 30% to 90%. State prison inmates typically serve about 50% of their commitment depending on the seriousness of their crime. A defendant serving time for grand theft may serve 50% of their prison sentence, whereas someone convicted of rape will serve about 80%. The more aggravating the circumstances, the increased percentage of the sentence you will serve. Also considered is the existence of priors, which will increase the amount of time served.

Regardless of whether you serve time in a jail or a prison, the best option is to prevent any type of sentence serving time. An experienced California attorney who knows the prosecutors and judges can successfully argue for alternative sentences that involve no jail or prison time. There are many other options that can be negotiated by an attorney who has the knowledge and skills to persuade prosecution to offer no jail time. Hire someone who has the requisite familiarity with government attorneys and the confidence to obtain the least possible sentence for your case.