Sentencing

Do I Qualify for my California Criminal Case to be Expunged?

August 8, 2010 | Ronald N. Hoffman

A criminal case on your record can be damaging to all aspects of your life. It could make it difficult to find a job, obtain a loan, purchase a house and often with your friends and family. However, under certain circumstances and situations with the help of knowledgeable Los Angeles Criminal Defense attorney, you may be granted an Expungement and have your case dismissed.

California law allows a defendant who has been charged with a crime to re-open the case, set aside the plea and dismiss the case. In most states a granted Expungement “seals” the records so that they are no longer available to the public. However, in California, it does not erase the criminal record but changes the finding of guilt to a dismissal, that is, if you meet the qualifying criteria.

In order to qualify for an Expungement, the defendant must have completed all probation requirements and have paid all court ordered fines and restitution. Additionally, the offense being expunged must not have required any time in State prison to be served and the defendant must not currently be charged with a crime.

Southern California Theft Offenses – Potential Penalties

June 4, 2010 | Ronald N. Hoffman

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).

California Theft Offenses – Legal Definition

June 2, 2010 | Ronald N. Hoffman

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.