Orange County Criminal Defense Attorney

There are several different sex crimes that may be prosecuted under the California Penal Code, including rape and sexual battery. These are serious charges, and you should not take the situation lightly if you are even under suspicion of a sex offense. Rape can be prosecuted under multiple code sections. One of these is California Penal Code section 261, which prohibits any non-consensual act of sexual intercourse. Sexual battery can be charged as either a felony or a misdemeanor. To establish sexual battery under Penal Code section 243.4(e)(1), the prosecutor must prove non-consensual touching of an intimate part of someone else that was perpetrated for sexual arousal, abuse, or gratification. A sentence for misdemeanor sexual battery can include a maximum of six months in jail, five years on probation, a $2,000 fine or more, and registration as a sex offender. To avert these consequences, you should consult a knowledgeable Orange County criminal defense attorney who can help you build a strong case against the prosecution.

Some of the most commonly charged theft crimes in California include burglary, robbery, and shoplifting. To establish burglary under California Penal Code section 459, a prosecutor needs to show that the defendant went into a structure or vehicle with the intent to carry out a felony or misdemeanor. You need not be successful at accomplishing the felony or misdemeanor to be convicted of burglary. For example, if you go into a home intending to rob the owners and get caught while grabbing a television, you can be convicted of burglary. However, the intent element in this crime often can be challenged with the assistance of an aggressive criminal lawyer, and there may be other strategies to explore as well.

In California, an assault is an illegal attempt to cause someone else a violent injury. The prosecutor needs to prove that the defendant acted willfully and in a way that was likely to result in the use of force against someone else. The defendant also must have known of facts that would lead a reasonable person to believe that the act would probably result in force, and the defendant must have acted with the present ability to apply force. There are many elements to this crime, each of which must be shown beyond a reasonable doubt. An experienced criminal defense lawyer can help Orange County residents identify and exploit the weak points of the prosecution’s case.

Battery is a related crime to assault, which requires the prosecutor to prove that there was willful contact with another person. Aggravating circumstances can result in a charge of aggravated assault or aggravated battery, which may lead to enhanced penalties.

California domestic violence or abuse is governed by Penal Code section 273.5. This statute defines domestic violence as injuries inflicted by the perpetrator on a current or former spouse, cohabitant, or parent of a shared child. It is usually charged as a misdemeanor, but it can be charged as a felony if it results in serious bodily injuries, sexual assault, or bodily harm or sexual harm to a minor. A more serious charge also may be brought if the perpetrator has prior convictions for domestic assault or other crimes.

There are many different types of gun crimes in California, such as assault with a firearm and felon in possession of a firearm. You can face criminal charges for carrying or possessing a firearm if you are someone who is prohibited from doing so. For example, under Penal Code section 29800, three categories of individuals are barred from acquiring or owning a gun: convicted felons, people addicted to drugs, and people convicted of certain misdemeanors. If you are charged with owning, possessing, buying, or receiving a gun in violation of this code section, your gun rights may be revoked for at least 10 years. Even if you do not fall into one of these categories, you can be charged with carrying certain firearms in violation of the law, such as by failing to acquire a permit. Also, the use of a firearm can be an aggravated circumstance in the context of assault. You should consult an Orange County criminal defense lawyer without delay if you may be facing a firearm charge.

White collar crimes are usually non-violent crimes committed by professionals intending to receive financial gain. They include fraud, forgery, and embezzlement. Under California Penal Code section 503, a prosecutor seeking a conviction for embezzlement must prove the fraudulent appropriation of property by someone to whom the property was entrusted. For example, if you were employed to manage the property of a company but instead stole funds, you could be charged with embezzlement. Embezzlement is a “wobbler” that can be charged as either a misdemeanor or a felony.

If you have received a conviction in California and want a finding of guilt set aside, you must file a petition for expungement under Penal Code section 1203.4. Expungement permits you to report to a possible employer that you have never been arrested or convicted of a crime. Alternatively, if you were found not guilty, a charge was not filed, or you were arrested but the charge was dismissed, you can petition for factual innocence under Penal Code section 851.8. The court must find that no reasonable cause exists to believe that you committed the crime for which you were arrested. If a petition for factual innocence is granted, the court informs various entities to seal your arrest record. This allows you to continue living your life without facing setbacks due to an arrest.

If you are charged, it is important to retain a tenacious advocate to fight for your rights. Many criminal charges involve complicated issues that may not be immediately apparent to the police and prosecution, such as mental health conditions or PTSD. William Weinberg has frequently gotten cases involving mentally challenged defendants transferred to Mental Health Court, as well as getting cases involving veterans transferred to Veterans Court. He represents people fighting charges in Anaheim, Santa Ana, Los Angeles, Pasadena, San Diego, Carlsbad, Escondido, and other areas of Orange, Los Angeles, and San Diego Counties. Call our firm at (949) 474-8008 or complete our online form to set up an appointment with an attorney who will carefully listen to your story.