A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property. If convicted, a person could face up to 9 years in state prison.
A simple assault is an unlawful attempt to touch or harm another person and it is punishable by a fine of up to one thousand dollars and/or up to six months in county jail. In order for a charge to be an aggravated assault, a person must use one or more of these means: assault with a deadly weapon; assault with a firearm; assault by means likely to produce great bodily injury; assault with caustic chemicals; or assault with a deadly weapon on a school personnel. Aggravated Assault is a wobbler that allows the prosecutor to charge a person either a misdemeanor or a felony. The charge of a misdemeanor is punishable by up to one year in county jail, the charge of a felony is punishable by up to four years in state prison.
Battery is any willful and unlawful use of force or violence upon the person of another. If convicted a person is punishable by a fine of up to $2,000, by imprisonment in a county jail for up to six months, or by both.
Offering or giving something of value to another person, usually a public official to influence that person in their official capacity; to induce them to do something illegal or allow something illegal to occur; or to induce them to do or omit to do anything else that would violate the law or contradict their official duties. If convicted a person will be charged with felony and subject to four years in a state prison and considerable fines. The public official who is convicted of accepting or soliciting a bribe would forfeit their office and be disqualified from future service.
It is a criminal offense that involves unlawfully breaking and entering, entering or remaining in another’s property with the intent of committing theft or a felony offense once inside. Conviction can result in either a misdemeanor or a felony sentence, the sentencing is based on the court’s discretion and the evaluation of the factors and the totality of circumstances involved in the case.
The malicious taking or withholding a child who is under the age of 18 years old from their lawful custodian, the person did not have a right to custody when he/she acted and intended to detain or conceal the child from the child’s lawful custodian. In California, child abduction is a wobbler, and it can be either a felony or misdemeanor depending on the facts of the case and the defendant’s criminal history. If convicted of misdemeanor, a person could face up to one year in county jail and up to $1000 fines. If convicted of a felony a person could face up to four years in state prison and $10000 fines.
Willfully inflicted cruel or inhuman physical punishment or injury on a minor, the punishment or injury caused a traumatic physical condition, and the defendant was not reasonably disciplining the minor. In California this crime is a wobbler and can either charge as a misdemeanor or a felony. If convicted as a misdemeanor a person could face up to a year in county jail and up to $6000 in fines. If convicted as a felony a person could face up to 6 years in jail and up to $6000 fines.
The creation, publication, or distribution of any material that depicts minors in a real or simulated sexual situation. This material can be in the form of a picture or photograph, computer generated image, video, or other medium. Sexting a naked picture of a minor constitutes child pornography in California. This crime is a wobbler and could be charged as a misdemeanor or a felony depends on the circumstances of the case. If convicted as a misdemeanor a person can face one year in county jail and a fine of up to $2000. If convicted as a felony, the sentence will range from 16 months to 8 years in state prison and fines up to $100000.
Willfully inflicted unjustifiable physical pain or mental suffering on a child. Willfully caused or permitted a child to suffer unjustifiable physical pain or mental suffering on a child. While having care or custody of child, willfully caused or permitted or caused a child’s person or health to be injured. While having care or custody of child, willfully caused or permitted the child to be placed in a position where the child’s person or health was in danger. The defendant was criminally negligent when he/she allowed the child to suffer. If you were the child’s parent, you were not reasonably disciplining the child.
Knowingly accessed a computer, system or network without permission. The most common computer crimes are: Stealing Computer Data. Electronic harassment, also referred to as cyberstalking / Bullying. Identity Theft, which usually charged as fraud. This crime is a wobbler and could be charged either as a misdemeanor or a felony, If convicted of this crime as misdemeanor could result in up to one year in county jail. If convicted as a felony could result in up to three years in state prison.
The knowingly and intentionally making, possession, passing on, or use of a false or altered check to be used as payment, or the attempt to do any of the above. This crime is a wobbler and could be charged as a misdemeanor or a felony. Punishment as a misdemeanor is up to 1 year in county jail and a fine of up to $1000. Punishment as a felony includes, probation and up to 1 year in county jail, or 16 months, 2 years, or 3 years in county jail, and/or a fine of up to $10,000. Also if the defendant is not a U.S. citizen, conviction may subject defendant to deportation, denial of naturalization, or exclusion of admission to the United States.
This type consists of: Skimming: When a device records the information from the magnetic strip of a credit card. Application Fraud: When a person applies for a line of credit with someone else’s personal information. Card Not Present: This occurs when a person other than the owner uses a credit card information to purchase without physically having the credit card. Lost or Stolen Card: This occurs when a person uses a lost or stolen credit card. charged as either a felony or misdemeanor depending on the circumstances of the case. Misdemeanor penalties include up to one year in county jail and a fine of up to $1000. Felony penalties include up to one year in jail and probation, 16 months to three years in State prison, and a fine up to $10000.
Threatens to kill or seriously injure someone else, and the threat is verbal, in writing or sent via an electronic medium, and the recipient is placed in a state of reasonably sustained fear for their safety, and the threat is unconditional, immediate, and specific. This crime is a wobbler that is charged as either misdemeanor or a felony. If convicted as a misdemeanor, the defendant could face up to one year in county jail and $1000 in fines. If convicted as a felony, the defendant could face up to three years in state prison and $10000 in fines.
Criminal contempt can be direct or indirect. Direct contempt is typically behavior that happens during court and interrupts the proceeding. Indirect or constructive contempt doesn’t usually happen in court, but instead when someone deliberately disobeys a court order or judgment. the maximum punishment is $500 fine or six months in county jail, or both.
Cyberstalking is any form of stalking, such as, intimidation, and harassment or bullying of an individual, which is done using an electronic means of the Internet, e-mail, text messages or the telephone. Cyberstalking is a wobbler, if charged as a misdemeanor defendant could face one year in county jail and $1000 fine. If charged as a felony is punishable by five years in a state prison and $1000 fine.
Domestic Abuse encompasses domestic battery, which is the illegal harmful touch of relative for example, brothers, sisters, aunts, uncles, brothers-in-law, step-children, nieces and nephews, this is punishable by a fine of up to $2000 and 1 year in county jail. This also include, the Corporal Injury to a Spouse or Cohabitant, this is punishable by up to a year in county jail for first-time offenders to up to four years in state prison for repeat offenders. Child abuse, this is punishable by up to one year in the county jail, but as a felony, it is up to 6 years in state prison. Child endangerment punishable by up to a year in county jail and as a felony up to 6 years in state prison. Elder abuse punishable by up to one year in county jail and a $6,000 fine. As a felony from 2 to 4 years state prison and a fine of up to $10,000.
This is referred to as “breach of the peace”. this often charged when intoxicated, people gather in groups or engage in outrageous public displays. This crime takes place when there is a fighting, protesting, public misconducts, and police encounters. It usually punishable by short jail terms of several days, weeks, or even months. Felony convictions can be a year or more in state prison. The fine is $1000 or more.
Drug manufacturing and/or cultivation are being involved in any step in the drug production process. Drug manufacturing/cultivation requires that the defendant knowingly possess a drug, or the chemicals necessary to manufacture/cultivate a drug, and that he or she had an intent to manufacture/cultivate . Drug manufacturing/cultivating are felonies, and the least punishment is one year in prison and up to ten years, and fines, up to $25,000 or more.
Willfully possessing illegal substances, such as marijuana, cocaine, methamphetamine, or heroin. Drug possession is a felony if convicted, a defendant may face up to three years in state prison. Marijuana possession is less in punishment.
Selling controlled substance, furnishing it, administering it, giving it away, transporting it for sale, importing it. Having had knowledge that the drug was a controlled substance Having had knowledge of the drug’s presence. This crime is a felony and punishable by 3 to 9 years in county jail and a fine of up to $20000.
Driving a motor vehicle at any time while your driving privilege is suspended or revoked with knowledge of the suspension or revocation. The potential punishment is a fine of $300 to $1000 for first time offender and up to more than $2,000 for multiple offenders, and/or 5 days to 6 months in the county jail for first-time offender and 10 days to one year for multiple offender.
DUI is Driving Under the Influence. This crime occurs when someone drives with alcohol in their bloodstream and/or with blood-alcohol content (BAC) of or above 0.08%. DWI is driving while intoxicated. The charges for both are the same. California is a zero-tolerance state. Any person who obtained driver’s license, has impliedly consented to be subject to a BAC test if the arresting officer suspects he/she is impaired. If you test above the legal limit 0.08%, you will be charged with a DUI, which can stay on your record for up to 10 years. If you are found to be under the influence of drugs while operating a vehicle, then you can be charged with a DWI. Punishment for a first DUI or DWI offense, the penalties include possible jail time or community service, fines, a driver’s license suspension, and mandatory attendance at a drug and alcohol education program. For a second offense, there may be a mandatory minimum jail sentence as well as a longer drug and alcohol education program. If the incident result in damage or the defender is a repeater DUI, the case can charge as a felony with higher penalty.
Willfully under the influence of alcohol, drugs or a controlled substance; in a public place while under the influence; and either unable to exercise care for your safety or the safety of others, or you were obstructing a “public way.” If convicted a person will be charged with a misdemeanor and punishable by up to six months in county jail and $1000 in fines.
Embezzlement is when a person has a relationship of trust with the victim, and that the victim entrusted the defendant with money / property, and the defendant intended to deprive the victim of the money or the property by taking them away to make them his/her own. A conviction degree depends on the value of the embezzled property, if the property is less than $950, the charge is petty theft embezzlement punishable by 6 months in county jail and $1000 fine. If the value is value is $50, the charge will be dropped to an infraction punishable by $250 fine. If the value is $950 or more, the charge is grand theft embezzlement punishable by 16 months in jail and up to 2 to 3 years in state prison, and have to pay $10000. Sentence enhancement factors are embezzling $65,000 or more, embezzling from a dependent or a senior citizen.
Extortion is the use of force, or the threat of force, to obtain money, something else of value, or services from a person, usually known as the essential offense of extortion. The statute prohibits a person from obtaining someone else’s property or “an official act of a public officer;” by wrongfully using force against the person, instilling fear of harm in the person, or acting “under color of official right.” If convicted a person will be charged with a felony that is punished by 2, 3, or 4 years in county jail and fine up to $10000.
With the intent to defraud signing someone else’s name without that person’s approval, counterfeiting or forging a seal on a document or someone else’s handwriting, changing or falsifying a legal document and/or falsifying, altering, or forging certain documents. The crime of forgery is a wobbler in California and could be charged as a misdemeanor or a felony. Misdemeanor is punishable by up to one in county jail , and/or a maximum of $1000 fine. Felony is punishable by up to three years in county jail , and/or a maximum of $10000 fine.
Restricting a person’s basic liberties by fraud, deceit, coercion, violence, duress or threat of injury. With the intent to obtain forced labor or services, Procure or sell the person for sex, or exploit them for obscene purposes. if convicted the defendant will be charged with a felony and face 8, 14, or 20 years in California State Prison, fines of up to $500000. If the case involves minors, punishments is 5, 8 or 12 years in California State Prison. The punishment is 15 years to life imprisonment in California State Prison if the case involved, force, fear, fraud, deceit, coercion, violence, duress, or threat of unlawful injury and fines of up to $500000
Is the interfere with someone else’s civil rights, or damage or destroy their property, because that person, disability, gender, nationality, race or ethnicity, religion, or, sexual orientation. This crime is a wobbler and if charged as a misdemeanor a defendant could face up to one year in county jail and/or up to a $5000 fine, and up to 400 hours of community service. if charged as a felony defendant could face up to 16 months, or two or three years in county jail and/or fine up to $10000; or one year in jail.
Willfully exposing your genitals to someone else, with the goal of offending them or sexually gratifying yourself. This crime is a wobbler, if charged with misdemeanor, a defendant could face up to 6 months in county jail, up to $1000 in fines, and a minimum 10 years to register as a convicted sex offender in every county you live in. If charged as a felony, a defendant could face up to 3 years in state prison, up to $10000 in fines, and a minimum 10 years to register as a convicted sex offender in every county you live in.
Automobile insurance fraud is when a person makes a knowingly false insurance claim, or otherwise deceives an insurance company, in order to receive benefits to which he or she is not entitled. This crime is a felony and punishable by up to 5 years in state prison.
Kidnapping is moving another person a substantial distance without his or her consent by using physical force upon them, or fear by threatening to physically harm them. This crime is a felony, and can be charged as simple kidnapping punishable by 3, 5, or 8 years in state prison and a fine of up to $10000. It also can be charged as an aggravated kidnapping punishable by 5, 8, or 11 years in state prison if the victim was under 14 years old. It can also be charged by life in state prison with the possibility of parole if the kidnapping was for the purpose of sex crimes. However, if the kidnapping result in the victim death or the circumstance could result in death, the defendant will face life in prison without the possibility of parole.
It is prohibited for minors under 21 years of age to possess an alcoholic beverage in any public place. This crime is a misdemeanor punishable by community service and a fine.
It is illegal for a person to drive with an alcoholic beverage in the vehicle that has been opened regardless if the alcohol is not being consumed. This crime is a an infraction punishable by maximum of $250 fine. It nonetheless punishable as a misdemeanor if the defendant is under 21 years old and could face up to six months in county jail and a maximum $1000 fine.
Is deliberately giving a false testimony while under oath before a competent tribunal. This crime is a felony punishable by up to 4 years in county jail or state prison.
Probation revocation hearing is a result of the defendant violating the terms and conditions of his misdemeanor or felony probation. The judge in such hearing decides if the defendant are in such violation. This can result in the defendant re-sentenced for the original crime of which he was put on probation for, plus the punishment for the new crime he committed and triggered the probation violation.
Prostitution is offering to pay or accept money or something of value in exchange for a sexual act. This applies to both the prostitutes and to the customers or. This is a misdemeanor, the first offense is punishable by up to 6 months in county jail and up to $1000 fine. The second offense is punishable by a mandatory minimum of 45 days in a county jail. The third and subsequent violation punishable by a mandatory minimum of 90 days in a county jail.
Rape is the nonconsensual intercourse accomplished by the means of threats, force or fraud, or with a victim who is unconscious and incapable of consenting. This crime is a felony punishable by 3, 6, or 8 years in State Prison. Additionally, if the victim is a minor, the minimum punishment is 7 years in state prison, and up to 13 years. In addition to the above punishment the judge can impose up to $10000 fine. If the victim suffered a great bodily injury, the judge can impose 3 to 5 years in state prison. Also this can count as a strike on defendant’s records.
Taking someone else’s property; in their immediate presence; against their will; by using force or fear; with the intent to permanently or long long period to deprive the rightful owner of the property value. This crime is a felony, punishable by up to nine years in state prison and $10000 fine. Additionally, there are certain factors that could increase the punishment, such as: If the victim sustained great bodily injury, this can add 3 to 6 years to the sentence. If the defendant used a firearm an addition of 10 years will be added, if the firearm was fired, an addition of 20 years will be added, if the use of the firearm result in great bodily harm or death an addition 25 years to life will be added. Finally, this crime is subject to the three strikes law.
It’s illegal to touch an intimate part of another person for your own gratification or arousal without their permission. This crime is wobbler, if convicted as a misdemeanor, the defendant will face 6 months or one year in county jail and $2000 in fines or $3000 if the victim was your employee, and a minimum 10 years requirement to register as a sex offender. If convicted as a felony, the defendant will face 4 years in state prison and up to $10000 fine, and to register as a sex offender for lifetime.
The crime of shoplifting occurred when a person enter a business with the intent to steal less than $950 value of property. This crime is charged as a misdemeanor if the defendant doesn’t have prior convictions, otherwise is punishable by 6 months in county jail and $1000 fine, and a summary probation. If the defendant has prior convictions, it will be charged as felony and carry a sentence of 3 years in county jail, $10000 fine, and formal probation.
Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking. This crime is a wobbler, if convicted as a misdemeanor is punishable by up to one year in the county jail, and up to $1000 fine, or both jail and fine. If convicted as a felony is punishable by 2, 3, or 5 years in a state prison. Further, a convicted defendant may also be required to register as a sex offender.
Statutory rape occurred when an adult have sex with an unmarried partner who is below the age of consent of 18 years old. This crime is a wobbler. If convicted as a misdemeanor, the defendant will face up to one year in the county jail, $1000 fine, and summary probation. If convicted as a felony, the defendant will face up to 3 or 4 years in the county jail, $10000 fine, and either summary or formal probation.
Vandalism is maliciously damaging, destroying or defacing another person’s property. Vandalism is a misdemeanor if the amount of the damage is less than $400.00, and can be charged as a felony if the amount is $400.00 or greater. If convicted as a misdemeanor, the defendant could face up to one year in county jail, up to $1000 fine, or up to $5000 if you the defendant has prior vandalism conviction, and informal or summary probation.
Burglary is the unlawfully breaking and entering, entering or remaining in another’s property with the intent of committing theft or a felony offense once inside. This crime is a wobbler. If convicted as. a misdemeanor, the defendant could face up to one year in county jail and $1000 fine. If convicted as a felony, the defendant could face up to 6 years in state prison. If the defendant burglarized a home inhabited by residence, will face a first degree burglary, which add a strike to the punishment above.
Theft is categorized as petty theft if the value of the property stolen is less than $950, and grand theft if the value of the property stolen is $950 or more. Theft is taking possession of a property owned by another while the taker doesn’t have permission to take the property and moving and keeping for a period of time and when the taker take the property intended to keep it permanently or keep it for enough time to deprived the rightful owner from enjoying its value. if the property is less than $950, it is a charged as a petty theft and punishable by up to 6 months in county jail and $1000 fine. If the property value is below $50, the District Attorney has the discretion to charge the crime as a misdemeanor or an infraction punishable by $250 fine. If the value of the property is $950 or more the crime is a grand theft and it is charge as either misdemeanor or felony. If convicted as a misdemeanor, grand theft the punishment is up to a one year in county jail. If convicted as a felony, the defendant could face up to 3 years in state prison.
Grand theft auto is stealing a vehicle of someone else with the intention to deprive the owner of the car permanently or for a significant period, without permission from such owner to take the vehicle or move it for a short distance or time. Grand theft auto is charged as a felony and punishable by 16 months to 3 years in county jail, and/or $10000 fine. Joyriding is the unlawful taking or unlawful driving of a vehicle of another without permission or consent. This crime is wobbler. If convicted as a misdemeanor, the defendant could face 1 year of county jail, and/or $5000 fine. If convicted as a felony, the defendant could face 16 months, 2 years, or 3 years of county jail, and/or $10000 fine.
Whether you have been charged with a felony or misdemeanor, DWI, DUI, Possession of Marijuana, Possession of Controlled Substance, Cocaine, Methamphetamine, Crack, Heroin, Assault, Family Violence, Robbery, Burglary, Theft, Fraud, Forgery, Unlawfully Carrying a Weapon, Felon in Possession, Manslaughter, Prostitution, Manufacture, Sale, or Transportation of a Controlled Substance, Sex Charges, Sexual Assault, Aggravated Sexual Assault, Solicitation of a Minor, Improper Photography, Internet Crimes, Probation Violations, I am prepared to represent you with honor, dignity, and everything I have. Anthony Marcus Law Firm do things the right way. We aggressively pursue all information and evidence related to the case. Examine what the police write in the report, examine the alleged victim and any witnesses statements and do not take it as the truth against our clients’ freedom. To reveal the truth we subpoena any needed evidence. Once we reveal the hidden truth we rely your story of innocence. If you have been charged with any of these crimes and facing jail, prison, fees, fines, probation, losing your license, we will fight to protect your rights and freedom.
