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.

Under California Penal Code § 594, it is unlawful for a person to maliciously deface with graffiti or other inscribed material, or cause to damage or destroy any real or personal property that is not his or her own.

Let's consider two examples. In the first scenario, Dan goes out at night and uses spray paint to write on a wall at the public park. He is caught by officers and arrested, eventually being charged with Vandalism.

In contrast, David goes out to his backyard at night and takes a crowbar to the gate connecting his house to the field behind his house.

Dan would likely be charged with Vandalism, because he defaced property using graffiti on property that was not his. The wall in the public park was public property, and not his own. Furthermore, the damage does not seem extensive when it is done using graffiti. Any damage that is under $400 will be charged as a misdemeanor. When the damage is over $400, it will be a felony. Therefore, Dan will be charged with a misdemeanor and will likely be found guilty if Prosecution can prove each element beyond a reasonable doubt.

David, on the other hand, caused extensive damage. If the fence was a costly one, the damages could easily exceed $400 and the charge will be filed as a felony. However, Dan owned the gate, as it was on his property and built with his money. So no matter how extensive the damage done on the property, as long as it belongs to Dan, there will be no charge for Vandalism.

If a person is charged and convicted of misdemeanor vandalism, they will fact a range of potential consequences. They may be facing informal probation, up to one year in county jail, and a maximum fine up to $5,000. There may also be additional sentences to complete requisite education or community service hours as well as license suspension.

For those that are charged and convicted of felony vandalism, the potential range of consequences is higher. They may face up to one year in County Jail, sixteen months to 3 years in State prison, a fine of up to $5,000 and probation.

A vandalism charge is considered a wobbler. A wobbler is a charge under the penal code that may be charged as a misdemeanor or a felony. When it is a person's first offense, the Prosecutor is often open to negotiation so that a skilled Los Angeles Criminal Defense attorney has the opportunity to persuade the Prosecutor to reduce or dismiss the charges. When the charge has the potentiality to being reduced, it is in your best interst to seek the counsel of an expert who can prepare a powerful defense and present strong negotiations to ensure the best possible result for your case.

California Vehicle Code §20001 outlines the range of potential consequences for a person who has been convicted of a felony hit and run. The legislative provides a range, and it is up to the Prosecutor and the Judge to determine an appropriate sentence for each individual. In doing so, the Prosecutor will consider the person's criminal history and the specific facts of the case.

A hit and run will be charged as a felony when there is injury to a person. The extent of that injury will be a powerful factor in the Judge's final sentence. The more severe the injury, the higher penalty the sentence will entail. Accordingly, the less severe the injury, the lesser the sentence.

A person who has been charged with felony hit and run for the first time faces up to a year in county jail and a fine ranging from $1000 to $10,000.

The statute recognizes more serious bodily injury that results in death or permanent damage. Drivers who are convicted in a case of hit and run where the person injured suffered death or permanent damage will face 90 days to a year in County Jail, 2 to 4 years in State prison, and/or a fine ranging from $1,000 to $10,000.

Let's consider two different situations. In Scenario A, Dan is driving home and is exhausted. He falls asleep at the wheel momentarily and hits Victor who is out taking a stroll. Victor's is struck at high impact and becomes paralyzed from the neck down. Dan realizing he has hit someone, wakes up and takes off without offering help or leaving information.

In scenario B, Dan is driving home and very tired. He falls asleep at the wheel momentarily and ends up hitting Victor. However, Dan is going slowly as he has taken his foot off the gas pedal and is rolling down the street. When he strikes Victor, Victor only suffers a sprain in his leg and some bruising. Dan aware that he has hit someone gives Victor his contact information but fails to ask Victor if he needs a ride to the hospital.

In scenario A, Dan is likely to be given a higher jail sentence closer to 4 years in State prison and will be likely paying a fine as well. The injury caused to Victor is severe and will result in a lifetime of consequences. In comparison, scenario B, not only was there minimal injury to Victor, but Dan left his contact information. Although he failed to offer medical attention, it seemed that it might not have been necessary. The Court will give Dan in scenario B a lower sentence, possible with minimal to no jail time. With the right powerful argument from an experienced Los Angeles Hit and Run attorney, the court may even dismiss the case and reduce it due to the fact that Dan did adequately leave his contact information.

California Vehicle Code §4461(a) makes it unlawful to use a handicapped placard fraudulently. There are generally several different acts that would be punishable under this code section.

The first is if a person who has been authorized to use a handicapped placard lends it to another who is not authorized for its use. Additionally, a handicapped person shall not knowingly allow the use of the handicapped placard by another that is not authorized for its use.

The relevant code section has outlined the potential range of consequences if a person is convicted for allowing the use of an unauthorized handicapped placard. They could be penalized under a civil penalty of anywhere between $250 to $1000 and may also be charged as a misdemeanor with a fine between $250 and $1000 and/or imprisonment in County Jail anywhere up to six months.

Furthermore, it is also unlawful and punishable under this code section to display a handicapped placard that has not been issued to the person using or, or if it has already been cancelled or revoked. If a person is found guilty of this subdivision, they will face a potential range of consequences under §4461(b). They may be sentenced to a civil penalty of a fine between $250 and $1000 or penalized as a misdemeanor with a fine of $250 to $1,000 and up to six months in County jail, or both.

Under the same section it is unlawful for a person to park in a specially designated handicapped space using a placard that they are not authorized to use. Someone who is found guilty and consequently convicted will face a civil penalty of a fine between $250 to $1,000 or be criminally sentenced as a misdemeanor with a fine of $250 to $1,000 or up to six months of county jail, or both.

Although it does not seem like a serious charge, the Courts take it seriously. It could potentially result in jail time if the person is not defended properly. When people have prior criminal histories, or have been found guilty and convicted of previous crimes under the same statute, the Judge will not be considerate when imposing a sentence.

Additionally, the charge itself is a misdemeanor. It will remain on your criminal record until proper steps can be taken to have it expunged. This means that whenever you are asked by an employer, college, or other institution if you have ever been convicted of a misdemeanor, you have to list it along with an explanation.

When you are faced with a misdemeanor charge, it is best to provide a powerful defense to weaken the Prosecutor's case. An experienced Los Angeles Criminal Defense attorney can prepare a powerful argument on your behalf to ensure that your cases is reduced to an infraction so that nothing goes on your criminal record, or gets your case dismissed altogether.

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 §211 makes it unlawful for any person to take personal property that is in the possession of another, from his person or immediate presence, and against his will, accomplished by force or fear.

Several different elements must be met before a person can be convicted of robbery.
One element is that the personal property must be in the possession of another. The person from whom the property is stolen must have actual possession of the item.
For example, Danny and Walter are standing on a street where a brand new car is parked. The car does not belong to Walter. Danny steals the car and drives off with it. Walter cannot be a robbery victim. Similarly, if an item has been lost and abandoned with no owner, then the item is not known to be in the possession of another.

Second element is that it must be taken from a person or in their immediate presence. The person must be present when the property is being taken. For example, Victoria works at a jewelry shop. While Victoria is at work, someone breaks into her house and steals her things. This is not a robbery, it is theft. The person is not within the immediate presence of Victoria, nor are any of the items stolen in her immediate presence.

The items that are stolen must be stolen with force or fear. The person must threaten the other person or take the item forcefully. For example, David comes up to Victor and asks that Victor give him his ipod. Victor hands it over and David runs away. This is not a robbery, because there was no force or fear. In comparison, David stops Victor and take out a knife. He asks Victor to give him all of his money or David is going to stab him. There is now an element of fear and an element of force if David grabs Victor's wallet and take the money himself.

A robbery charge is a very serious charge and warrants serious consequences. A person who is convicted of a robbery will face a certain amount of years in state prison, a fine and probation. There are many different types of charges pertaining to robbery, including many different degrees. Additionally, there are also sentencing enhancements like California Penal Code §12022.

When a person is charged with a robbery, they need to consult an experienced Los Angeles Criminal Defense attorney right away. They need the best representation because if convicted of a robbery, it will go on their permanent record. A robbery is a crime that reflects negatively upon a person's character because it requires willful taking of property. Fight the charge with the most powerful defense and argument available to you.

Certain series of Penal Code Sections in California add an enhanced charge to already existing charges. California Penal Code §12022 is one such enhancement.

The relevant code section states that "any person who is armed with a firearm firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment". This code section does not stand by itself, it is added upon another charge.

For example, David steals a television from a next door neighbor that is worth $1,000. During the theft, the neighbor was home and David took out his firearm, threatened the neighbor and took the television. There is plenty of evidence and David is not only charged but also convicted of a felony under the theft statute. However, when the sentence is given, David is not only charged with grand theft, he is also charged under California Penal Code §12022, because he used a firearm to commit an offense.

In comparison, let's say that David went to the store and used his father's firearm to steal a $50 video game. This is a misdemeanor charge and does not rise to the level of a felony because of the monetary value of the item stolen. It is petty theft. Section 12022 will only be applicable when a firearm is used in the commission of a felony, because there was no felony, this section will not be triggered. That is not to say that the person won't be charged with a different firearm charge, it just won't be under this section as an enhancement.

Furthermore, if a person is caught with a firearm, not during the commission of a crime, they will not be charged under 12022. They will likely be charged with a possession of a firearm, but not as an enhanced sentence.

If a person is convicted under this section, their sentence will be added by up to an additional year in State prison. This additional term is on top of the sentence they are already serving for the commission of the crime.

A person who is convicted of a robbery will serve anywhere between 3 to 9 years in state prison. If a person uses a firearm in the commission of a robbery and are sentenced to 6 years, they may serve an additional 7 if there is an additional charge of California Penal Code §12022.

This is a serious charge and is in addition to a felony. The felony itself is extremely serious and will warrant a severe punishment. An experienced Los Angeles criminal defense attorney can fight to have the additional enhancement dismissed, so that the only time a person is serving, if they serve time for the felony, is what the legislative sentence is for the felony alone.

A person who is charged under California Penal Code §647(f) is charged with Drunk and Disorderly conduct. For a person to be convicted under this section, the government must demonstrate that the person is guilty beyond a reasonable doubt of the requisite elements. The person must be willfully intoxicated, they must be in a public place, and they must be a harm to themselves and others, or be obstructing the public walkway in one way or another.

The specific code section does not provide a range of potential consequences, so those of a general misdemeanor will apply. For misdemeanor charges the potential sentence is up to one year of informal probation, a fine of up to $1,000 and up to six months in County Jail.

Informal probation is probation that is not supervised. You do not have to check in with a probation officer. You are simply asked to stay out of trouble for the time that you are under probation, or a probation violation will arise, and may lead to additional penalties added onto the current sentence being served.

The final sentence that is imposed on a person charged with a drunk and disorderly conduct will be determined after considering several factors. The prosecutor will look into the person's prior criminal history, and they will look at the specific facts of the case.

Consider these examples:

Example 1: Don has just left a friend's birthday party and is walking down the street. He has had a lot to drink and is clearly intoxicated. As he walks down the street, he stops and talks to people, often blocking their path until they listen to him. In one case, he stops a woman walking by and wont let her pass him until she gives him a hug. He is arrested and taken into custody. Don has been arrested before for a DUI and has been convicted of an assault.

Example 2: David is walking down the street from his house to his friend's house which is a few blocks away. He has had a few drinks and is intoxicated. As he walks down the street, he waves to neighbors and shouts some comments to friends. Determining that he is drunk, officers arrest him and take him into custody.

Don has a past criminal record that warrants consideration. He has been convicted of assault, and has a DUI which implies he may have a drinking problem. He is also harassing a woman on a public street. He will likely get a harsher punishment with some jail time and an increased fine. In comparison, David is not causing trouble, even though he is drunk. He also has no record. If he is convicted, he will get a simple sentence that will not require jail time.

A range of potential consequences allows room for negotiation on a final sentence. An experienced Los Angeles Criminal Defense lawyer can prepare a powerful argument and defense that will persuade the Judge to impose a sentence that is towards the lower end of spectrum.

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.

California Penal Code §368 makes it unlawful for any person to commit any type of abuse against a person that is the age of 65 or older. Additionally, it makes it illegal to commit any type of abuse against a person that is considered a dependent adult. A person between the age of 18 and 64 who has physical or mental limitations that restricts the person's normal daily activities.

A person who willfully causes or permits an elderly or dependent adult to be in circumstances or conditions that are likely to produce great bodily harm, or causes them to suffer or inflicts upon them unjustifiable physical pain or mental suffering will be charged under the relevant statute. The person must also have knowledge that the person who is harmed is an elder or dependent adult.

Additionally under the statute, any person who has the care or custody of an elderly or dependent adult and willfully causes or permits them or their health to be injured, will be charged. Furthermore, any caretaker who willfully causes or permits the elderly or dependent adult to be placed in a situation in which his or her health is endangered can be charged with elder abuse in Los Angeles as well.

Under the statute, a person who is convicted may be facing a penalty of up to one year in state prison or up to two to four years in state prison. The final sentence will depend on several factors, including the specific circumstances and facts of the charge and the person's prior criminal history. For example, a person who causes an elderly person to be bruised, and it is a first time offense, will probably face a penalty closer to the lower end of the range of potential consequences. In comparison, a person who causes an elderly or dependent person to suffer severe internal injuries and possible a hospital stay will be facing a must harsher penalty.

Under the statute, certain additional facts will serve to enhance the possible consequences. These factors are called enhancements. If the actions of the person being charged resulted in great bodily injury, or death there will be an additional charge on top of the consequences discussed previously.

For great bodily injury, a person will serve an ADDITIONAL 3 years in prison if the person is under 70 years old, and an additional 5 years in state prison if the person is over 70. For actions that lead to death, the person may serve an ADDITIONAL 5 years in state prison if the person is under 70 years old, and an additional 7 years in state prison if the person is over 70.

The courts take elder abuse quite seriously. It is important to have a knowledgeable Los Angeles Elder Abuse Lawyer who can prepare a powerful argument in your favor that keeps any potential consequences towards the lower end of the sentencing range and possibly leads to a reduction or dismissal of charges.

California Penal Code §368 defines several different forms of abuse against elders that could lead to a conviction. The statute takes elder abuse seriously, because elderly folks are more vulnerable and need to be protected from certain potential harms and abuse.

The statute applies to any person that is the age of 65 or older. The statute also applies to dependent adults. A dependent adult is defined by the statute as "a person between the age of 18 and 64, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights".

The applicable legal section outlines several different forms of abuse, and a range of potential consequences each may incur. The exact sentence will be determined by the Court, based on the specific facts of the case and the criminal history of the person being charged. When the circumstances under which the crime incurred is particular severe, the penalty will be closer to the harsher end of the spectrum. Similarly, if the person has previously been convicted of elder abuse in Los Angeles, it is likely that they will be serving a higher sentence along the range of consequences in comparison to someone who is being tried for their first offense.

One of the major types of abuse outlined by the statute is fraud or embezzlement directed towards elderly or dependent adults. Any person who violates any statute relating to fraud or embezzlement as described in the California Penal Code section that knows, or should have known that the person at whom the act was directed was an elderly person will be charged under CPC §368.

The potential range of consequences differs based on whether the person who is being charged is a caretaker of the elderly or dependent adult. The statute defines a caretaker as a person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult. This can be the attendants at a retirement community, doctors, nurses or even a family member.

A person who have fraudulently acquired either money, labor, or real and/or personal property exceeding the value of $400 will serve anywhere between one year in county jail and 2 to 4 years in state prison and/or a fine up to $1,000. Caretakers who commit abuse that does not exceed $400, will face up to one year in county jail and/or a fine of up to $1,000.

When a person has been charged with elder abuse, the court will not look favorably upon that person, especially when they are in the role of caretaker. The Court's initial perception might not be a good one, and it will be the task of an experienced Los Angeles Criminal Defense lawyer to present a powerful argument that not only change the Prosecutor's assumption, but also leads to a reduction or dismissal of charges.

Many of our clients believe that a marijuana possession charge is the same as being charged while driving. This in fact, is not the case. Marijuana possession (less than one ounce) is made unlawful by California Penal Code §11357(b), however, having marijuana in a person's possession (less than an ounce) while driving is made illegal by California Vehicle code §23222(b).

Both charges have traditionally been filed as misdemeanors, however, as of January 2011, possession of marijuana under one ounce is now charged as an infraction, whereas VC §23222(b) remains a misdemeanor. Regardless of which section a person is charged under, they will likely be penalized with a fine and possibly community service, unless they have a criminal history. Whether it is charged as a misdemeanor or an infraction will have a significant impact on a person's criminal record. An infraction is treated similar to a citation, and does not go on a person's permanent criminal record. A misdemeanor remains on a person's record until it is properly expunged.

There are several defenses available to a person who has been charged with marijuana possession while driving. If you hold a valid Medical Marijuana Prescription, the charge may be dismissed if the marijuana was properly placed in a legally allowed location in the car and was under the allotted amount.

A person will also not be held liable if they can prove that the marijuana was not theirs. If someone does not have actual or constructive possession of the marijuana, then a person cannot be charged under VC §23222(b). Actual possession is when the marijuana is found on a person, including in their jacket, pocket or purse. Constructive possession is when the drugs are found in an area that is under the control of a person. Areas that a person has constructive possession over include their car, their backpack or their bedroom.

For example, Andy is riding in a car that belongs to Bob. Officers pull over Bob and find marijuana in his trunk and he has no medical marijuana prescription. If Andy is charged for marijuana possession while driving, he will get the charges dismissed because he has the defense that the marijuana was not in his possession.

If the marijuana is found and seized during an illegal search in violation of a person's fourth amendment rights, then it may not be introduced as evidence. If it is dismissed as evidence, the charge will follow since without proof of marijuana, there is no violation.

Although both charges seem to have minimal penalties, the consequences if has on a person's criminal record could leave lasting problems. A Los Angeles Criminal Defense attorney will help explain the strength of defenses available and will prepare a defense that will fight to not only reduce the charge to an infraction, but to dismiss it completely!

There are two types of charges involving a spouse in domestic violence. One is charged as a felony domestic violence and involves bodily injury resulting a traumatic condition (California Penal Code 273.5), and the other is a misdemeanor battery against a spouse (California Penal Code 243(e)(1)).

The final sentence for your case will fall along a spectrum that has been established by legislation. This range will differ based on the Penal Code section under which you have been charged, along with varying factors that comprise your background and the facts of your case. A person charged under California Penal Code 273.5, a felony, may be sentenced anywhere up to a year in county jail, 2 - 4 years in state prison and/or a fine of up to $6,000. In contrast, those charged under CPC 243(e)(1), a misdemeanor, may be charged with up to a year in prison and/or a fine not to exceed $2,000.

Potential consequences for your case will depend on several different factors. Prosecution will consider you criminal background, relationship history as well as the specific facts of your case before proposing a final sentence to the Judge. There is a great amount of subjectivity open to argument and debate. An experienced Los Angeles Criminal Defense attorney has developed a solid reputation among the prosecutors and Judges in Los Angeles. It is through this knowledge that they are able to prepare a influential argument that will ensure your final sentence falls along the lower end of the spectrum and helps you avoid serving and jail time!

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!

When a Juvenile case is presented before the Criminal Judge, the factors considered are different from those in an Adult case when deciding upon the appropriate sentence. For A juvenile case, the biggest concern is to reform the individual and prevent them from becoming a part of the criminal system in the future. They want to educate and deter the juvenile and break any habits that may be forming, before they become an adult.

With those goals in mind the Judge considers many different aspects of a youth's background. They look at how often the child skips or is late to school and what their grades are. If the child's grades are high, then they might be getting bored in school and will look to provide more of a challenge so that the child remains engaged with the tasks they are given. Additionally, they will look at the company the child keeps. Who are they hanging out with? Who do they associate themselves with and what kind of habits do these kids have?

Another factor considered that differs from an adult criminal case is family background. The Judge will look at the home life of the child and in many cases may determine that the child needs to be separated from the home if he or she feels that the environment at home is negative or conducive to bad habits. Is there alcoholism or substance abuse? If there is, it may lead the Judge to conclude that the kid has a negative influence from the parents and could be reformed if he was given positive attributes and examples to follow.

Extracurricular activities will be considered as well. Is the juvenile involved in activities? Does he or she play any sports, take part in volunteer work, or do they have a job? If there is a great amount of involvement in activities there is a less chance for behavior that would need to be disciplined. The Judge many times will sentence a youth to become involved in a sport or clubs hoping to keep the child busy and away from disapproving activities.

The Judge also sometimes recommends a psychiatrist or psychotherapist to meet with the juvenile and provide a psychological evaluation of the child's mental health. Many judges attribute a negative pattern of behavior to psychological issues, many of which can be alleviated at an early age.

An experienced Los Angeles Criminal Defense attorney can help strengthen these factors in creating a powerful defense on your behalf. It is the attorney's job to sympathize with the juvenile and everyone's goal to see them seek reform in a healthy and positive way!