Penal Codes:
Forgery
& Counterfeiting
Penal
Code section 470(a) and (b) deal with the manufacturing
and/or possession of a false Driver's License or Identification card
and can be charged as either a felony or a misdemeanor. A conviction
can lead to substantial fines and possible time in jail.
Assault
and Battery
Penal Code sections 240-248 deal with assault and battery.
240 PC is the most common code used for an assault charge.
Penalties range according to the severity of the assault, 245 PC
Assault with a Deadly Weapon or ADW can even be charged as a
Strike. 242 PC- Battery also has a wide range of filing
potential and again sentencing varies according to the extent of the
battery.
Domestic Violence
Domestic Violence or 273.5 PC is the infliction of injury to
a spouse, girlfriend or roommate. These injuries could be as small
as "red marks" on an arm and the accused can be taken to
jail. A conviction can result in being served with a restraining
order prohibiting you from returning to your home. Other common penalties
associated with a conviction under this section are fines, jail and a
state approved treatment program.
Theft & Burglary
Burglary
or 459 PC is charged when it can be shown that a person entered a building, room or a vehicle, with the intent to commit a
crime. In the event of a conviction, Prison, Jail and/or fines
may be ordered by the court. Theft is divided into two parts.
The first and most severe is Grand Theft or 487 PC which
is usually determined if the value of the items stolen exceed
$400.00. Depending on the nature of the offense this can be charged
as either a felony or a misdemeanor. The second is Petty theft 488 PC
and/or 484 PC and is likewise determined if the value of the
stolen items is less than $400.00. This is a misdemeanor punishable
by fines, an order of restitution and possible jail.
Disorderly
Conduct
647 (a-k) PC, a misdemeanor, is charged for a
number of different reasons ranging from loitering and drunk
in public to solicitation of prostitution and "peeping".
Upon conviction, penalties vary depending on the number of priors
that person has.
Vehicle Codes:
DUI
Vehicle Code section 23152 (a)&(b), a misdemeanor, is one
of the most common criminal offenses in southern California.
Unfortunately it is also one of the most underrated crimes as well.
It is important that the DMV is contacted within 10 days of
your arrest, to request a hearing in order to protect your
driving privilege. Severe fines, alcohol school and a suspended driver's
license can result from a conviction for DUI. If an accident
causing injury has occurred while driving under the influence of
alcohol and/or drugs you may be charged with 23153 VC.
Driving
on a Suspended License
14601 VC is charged when a person is driving while their
driving privilege is suspended or revoked. 14601.2 VC is
charged when a person is driving while his/her license is suspended
or revoked due to a DUI (23152 VC) conviction. Both
violations have penalties ranging from probation and fines to jail
in the event of a conviction.
Hit and Run
A hit and run is charged when any person driving a vehicle that is
involved in an accident leaves the scene of the accident prior to
exchanging information with other drivers involved or prior to
notifying the police if the accident was a single car accident
involving some type of property damage. This type of offense falls
under section 20001 VC.
Health and Safety Codes
Drug
Possession
Drug possession is charged under several different code sections
depending on the type of drug. 11350 HS is the possession of
opium or cocaine or any derivative thereof. This offense is considered a
felony.
11357(a) HS is the possession of any
concentrated form of cannabis (hashish). This offense can be a felony or
misdemeanor.
11357(b) HS is the
possession of less than 28.5 grams of marijuana. This offense can be a
misdemeanor or infraction.
11364 HS is
the possession of paraphernalia for injecting or smoking a
controlled substance. This offense is considered a misdemeanor.
11377 HS is possession of
"Dangerous drugs" such as PCP, LSD, Ketamine and Methamphetamine. This
offense can be a felony or misdemeanor.
Sentence for
possession charges range from fines, probation and jail to
diversion.
Manufacturing and Sales (Felonies)
11351 HS is the
possession for sale of opium or cocaine or any derivative.
11355
HS is the sale or transportation of opium or cocaine or
their derivatives.
11378 HS is the possession for sale of
"Dangerous drugs" such as PCP, LSD, Ketamine and Methamphetamine.
11379.6 HS is the manufacturing of
"Dangerous drugs" such as PCP, LSD, Ketamine and Methamphetamine.
Sentence
usually includes fines, formal probation and jail.
These are just a few of
the most common code sections with which people are charged. Keep in
mind that every case is different and a good attorney will easily be
able to assist you by knowing the best way to handle your specific
case. If you have been arrested and would like information regarding
your specific charge(s) please call any of our offices or simply fill out the
information request form and we will be more
than happy to assist you.
Serving all of Southern California