Los Angeles Criminal Lawyers Blog

Under California Vehicle Code 14601 and 14601.1 it is against the law to drive a vehicle if your license has been suspended or revoked by the DMV for negligent and incompetent operation of a vehicle. This includes reckless driving and other violations of the vehicle code. The person must have knowledge of their suspended or revoked license, however, knowledge will be presumed if the DMV has properly mailed out a notice of the suspension or revocation.

If your license has been suspended for reckless driving, with or without bodily injury or specified injuries, (Vehicle Code 14601) the potential penalties will differ from suspension due to other reasons.

For a first time offense, the penalty will range from jail time between 5 days to 6 months and/or a fine from $300 up to $1000. For an offense within five years of a prior violation of the same vehicle code, the resulting penalty will range between 10 days to a year in county jail and/or a fine of $500 to $2000.

If your license has been suspended for reasons other than reckless driving in any degree or due to a DUI then the potential penalties will be as follows; for a first time offense it will range between 0 to 6 months in county jail, and/ or a fine ranging from $300 to $1000. For an offense occurring within five years of a prior violation of the same vehicle code, the penalty will range from 5 days to a year in county jail and/or a fine ranging from $500 to $2000.

The penalty you will ultimately be sentenced will depend on many different factors and the arguments prosecution presents to the Judge. An experienced Los Angeles Criminal Defense attorney can prepare a powerful argument on your behalf to ensure that your final sentence falls within the lower end of the sentencing spectrum!

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.

Many people mistakenly assume that an charges for assault and battery go hand in hand. While it is true that many offenses involving assault may also involve battery, the two are not always found together. Assault is a threat of bodily harm that results in fear of bodily harm in the victim. Battery is when actual physical contact results.

Lets say that Person A says to Person B; " I am going to find you and kill you". If this causes a reasonable fear in Person B that Person A was actually going to find them and kill them, then there is a case for assault. It is not necessary that Person A actually find Person B and kill them, just the fact that they have threatened to do so. It is also important to note that there must be a reasonable fear that the threat will actually be carried out. If your friend jokingly says to you that they are going to "kill you" and you know they are joking and have no intention in carrying out their words, there is no assault.

Now lets say that Person A actually finds Person B and attempts to kill them but only physically injures them. Person A may be charged with no only assault, but also battery. If Person A never threatened Person B, but found them and attempted to kill them resulting in physical injuries, then Person A may only be charged with battery but not assault.

The consequences for each are different but should be taken seriously just the same. An assault and/or battery charge is serious and should be avoided if at all possible. An experienced Los Angeles Criminal Defense attorney has handled thousands of these cases and knows the intricacies of each charge and what they entail. The attorneys at Hoffman and Associates strive to reduce all charges and get you the best possible outcome.

California Penal Code Section 12031 claims that a person found carrying a loaded firearm in a public place will be found guilty.

A person will be found "carrying" when they have a loaded firearm on his or her person, or in a vehicle. Public includes not only a public place, but also a public street of any incorporated city or unincorporated territory.

A firearm shall be considered "loaded" for the purposes of this section when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder, and a bullet or shot, attached in any manner to the firearm. A peace officer has the legal right to check a firearm in a public place to check whether or not the firearm is loaded. A refusal to allow the officer to check your weapon may lead to a lawful arrest.

The "lawful possession" as described in this section of the penal code refers to when a person has either lawfully owns, or has lawfully acquired or otherwise has the authority to carry the firearm.

A violation of this section will be justifiable when the person carrying the firearm reasonably believes that he or she is in grave danger. This section also does not apply to those carrying a firearm by any person engaged in the act of making a lawful arrest.

The section that defines this particular charge is extensive and carries with it a lot of fine print. When charged under this section of the California Penal Code, it is a good idea to consult an experienced Los Angeles Criminal Defense attorney who has not only been practicing Criminal law for over thirty years, but has handled cases similar to yours.

Our Southern California law firm has represented many clients who have been charged with California theft offenses. California theft offenses are defined and charged under California Penal Code 484 through 490.

California Penal Code 484 (PC 484) defines what acts constitute theft. Penal Code 484 is quite lengthy and describes many different forms of theft. However, it first defines theft as an offense committed by those who "steal, take, carry, lead, or drive away the personal property of another". Not only is this the most common definition of theft, it is also the one our knowledgeable California Defense attorneys represent most often.

The California Penal Code 486 divides all theft offenses into two degrees; petty theft and grand theft. California Penal Code 487, through several sections, defines what acts constitute grand theft. A theft will generally be classified as Grand Theft when the value of merchandise stolen is over $400. Most Grand Thefts will be charged as felonies and consequently punished at a harsher degree.

Any offense that does not fall under CPC 487, and/or is under $400 will be charged as a petty offense (California Penal Code 488). Petty Offenses are generally misdemeanors and will be sentenced at a lower end of the spectrum depending on the specific facts of the case.

If you have been charged with a theft offense under the California Penal Code let our experienced Criminal attorneys help you with your case. After thirty years of experience in courtrooms all over Southern California, Hoffman and Associates will carefully study all the specific facts of your case and prepare a strategic defense to ensure the best results. Our goal from the beginning of the case through to its completion is to make sure you feel confident in our defense and are satisfied at all stages of your case. Let our team of skilled attorneys provide you with the help you need.

A Hit and Run is a common vehicle code violation in the city of Los Angeles. So common in fact, that not only do local citizens get charged daily, but celebrities do as well.

On April 17, 2010, actress Heather Locklear was traced to a Hit and Run incident that occurred in the early morning hours. According to reports, the actress knocked over a "no parking" sign near her home in Westlake Village. She left without notifying any police officers or reporting the damage. The California Vehicle Code requires that anyone who damages property or causes injury to a person with their vehicle must exchange or attempt to exchange information with the injured party. Ms. Locklear left the scene after causing damage, without attempting to notify authorities or the police department.

Due to the fact that the damage was done to public property, the actress would be required, by law, to notify authorities. When defendants leave the scene without providing required information, officers are generally able to pinpoint the source by conducting an investigation. They will often study paint scraped off a car or dents made and will search for corresponding damage at the scene. Additionally, fragments left behind can be traced to the defendant's vehicle. In the current case, officers conducted an examination of debris left at the scene and were able to trace it back to Ms. Locklear's black 2005 BMW.

Because the only damage was to property, the Melrose Place alum was cited under California Vehicle Code 20002 for a misdemeanor. There is potential for the charge to be reduced with an experienced Los Angeles Attorney who will strongly argue mitigating circumstances. Additionally, an attorney who has successfully argued Hit and Run cases many times will present Ms. Locklear in a positive light and negotiate with prosecution.

Regardless of whether you are a big time celebrity as Ms. Locklear, or an average citizen who has been arrested for a Hit and Run, you want the best possible Criminal Defense attorney to argue on your side. Our firm offers reasonable rates that are affordable to all clients and will work with you to ensure you get the help you need. All reputations are at stake when such an incident occurs, and at our firm we understand your stress and will provide the support and comfort you need.

A plea bargain is essentially a compromise on the terms of a case settle a prosecutor and a defense lawyer, and his client. A plea bargain is a common term used in the courts in referring to a negotiation about the specific terms of a case settlement. An example of a favorable plea bargain is a reduction to a misdemeanor when the client has been charged with a felony. The benefit is substantially lowering the potential consequences to the client.

The potential of long-term incarceration is much greater in a felony case, and much smaller in a misdemeanor case. The effect of this plea bargain is that it protects the client from the harsh penalties associated with felony charges.

Another example of effective plea bargaining is when a defense lawyer persuades the prosecutor to reduce the charge. Under the right circumstances, it is possible to reduce a petty theft charge to a trespass charge. The benefit to the client in this plea bargain, is that the potential penalties including jail time are substantially reduced, and most likely eliminated. Further, a trespass charge is a much more favorable charge on one's record, than the appearance of a theft offense which carries a much more negative connotation.

Effective plea negotiations can substitute harsher penalties like jail time, for sanctions like community service or Caltrans. In DUI and criminal cases, fines can be reduced, lengthly alcohol programs can be shortened, in exchange for clients attending alcoholic anonymous meetings, or other conditions.

It is critical that people charged with criminal charges be represented by a skilled and experienced attorney whose primary job is working to reduce or eliminate the most severe of consequences, in exchange for less harsh penalties like community service.

The most important foundation which must be laid, is bringing out all of the positive qualities, and good record of the defendant, thus demonstrating to the prosecutor and judge that although this offense is serious, that a more lenient disposition of the case is warranted based upon the clients positive background and good record.

This effective defense strategy continues to be powerful, even where the facts of the case do not present the client in a positive light. It is always in the clients best interests, to explore the possibility of an effective plea bargain which can substantially reduce or eliminate the often harsh sanctions of a criminal conviction.