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.

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

California Penal code §417 makes it unlawful for any person to draw or exhibit a deadly weapon, including a firearm, in an angry, threatening or rude manner. Additionally, under the relevant statute it is illegal for a person to unlawfully use a weapon, or firearm, in a fight or a quarrel.

The legislators have established a range of possible penalties for a person who is convicted under the Penal Code. It is a range because each case is unique and certain facts will warrant a simple sentence, and others will warrant a much more severe penalty. How the final sentence is determined will be established by the Judge at the suggestion of the Prosecutor. The Prosecutor will consider the person's criminal history as well as the specific facts of the case.

The cases in which there is severe injury, or the potential of injury that is great, the sentence will be higher. For example, lets compare two different scenarios. David and his friends are hanging out at Sally's house. David and his friend get into a discussion about sports and David playfully takes his knife out of his pocket, and waves it around. His friend jokingly plays along and eventually the two sit back down to watch the game.
In comparison, David and his friends go to a local bar. David has previously been convicted of Assault. Victor hits on David's girlfriend and he gets mad. He takes his knife out of his pocket and waves it around as if he is going to stab Victor.

In the first situation, the setting is harmless. There is no threat, or rude or quarrelsome manner in which the weapon was drawn. In the second scenario, David meant for it to be a threat, and he meant it in a rude manner. His taking the weapon out in a public place, almost stabbing a person could have caused severe injury, even if David did not mean to. Coupled with the facts and David's prior history of assault, the penalty in the second scenario will be much more severe and at the harsher end of the spectrum.
In cases where the weapon drawn is other than a firearm, the person shall be punishable by not less than 30 days in county jail. Where the weapon drawn is a firearm that can be concealed on a person such as a pistol or revolver, and is drawn in a public place, the person will be punished anywhere between 3 months to a year in county jail, and a fine of up to $1,000, or both.

With a range of possibilities, there is plenty of room for negotiation. The arguments and facts that are presented in Court, will help persuade the Judge's opinion regarding a conviction and the final sentence. An experienced Los Angeles Criminal Defense lawyer has the experience and knowledge necessary to present the best possible argument and give you the best chances of getting the case reduced or dismissed.

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.