Areas of practice

Felonies

police car Felonies are serious offenses. A felony conviction can result in imprisonment for at least one year (sometimes much longer), fines, and probation.

Felony convictions can also make it more difficult to find a job, obtain a security clearance, rent an apartment, or get a loan. (You also won't be able to own a gun for ten years and can't vote if in prison or on parole.)

Misdemeanors

A misdemeanor conviction can result in up to one year in jail, fines, and community service. They are less serious offenses than felonies.

Driving under the influence

Driving under the influence can result in loss of your driving license, increased insurance premiums and driving points, jail time, and stiff fines.

Moreover, you must appear at a DMV hearing within ten days of being arrested for DUI to explain why you should keep your license. This is separate from the criminal court appearance for the arrest.

Record clearing / Expungement

Sealing means past criminal convictions are no longer on a person's criminal record.

Expungement is the removal of convictions from public records, however law enforcement will still have access to them. Misdemeanors and some felonies can be sealed or expunged, serious felonies can not be.

Drugs

Drug crimes involve the manufacture, trafficking, possession, or sale of unlawful narcotics or controlled substances. This includes marijuana, heroin, methamphetamine, crack cocaine, Oxycodone, and Valium

California takes drug crimes extremely seriously.

Theft

Petty theft is the taking of property valued at $400 or less without the owner's consent. It is a misdemeanor. Grand theft applies to property valued at more than $400 and can be charged as a felony.

First Degree Burglary is entering an inhabited dwelling like a home with the intent to steal, and is more serious than Second Degree Burglary, which applies to uninhabited buildings. However, both are felonies.

Three Strikes

Three Strikes imposes longer prison sentences for anyone convicted of a felony who has one or more previous convictions for serious or violent felonies.

It is important to realize that the new conviction can be for any felony, not just for a violent or serious felony.

Second strike offense: The sentence is twice the prison term otherwise required.

Third strike offense. The sentence is life imprisonment with a minimum 25 years sentence.

Further, 1) Strike sentences must be served consecutively not concurrently, 2) Probation, suspension, or diversion are not allowed, 3) "Good time" credit in prison is one-fifth the term rather than one half, 4) Time since previous convictions not considered.

Prosecutors can dismiss strikes in "furtherance of justice" and they can also amend a misdemeanor charge to a felony. Also, judges have little leeway in strikes sentencing, as the prison terms are set by law.

Criminal Defense