Violent Crimes
What counts as a violent crime in California?
California defines violent crimes broadly: murder and attempted murder, assault and assault with a deadly weapon (Penal Code 245), robbery and armed robbery, kidnapping, criminal threats, and any offense resulting in great bodily injury. Many include gang or firearm enhancements that stack additional years on top of the base sentence. Most are also Strike Offenses, meaning the conviction follows you for life and doubles your exposure on any future felony.
Why hire a former prosecutor for a violent crime case?
I spent years at the Riverside County DA’s office prosecuting cases just like yours. I know how prosecutors build them, where they overcharge to leverage a plea, and which evidentiary weaknesses they hope nobody notices. When I sit across from the DA on your case, I’m reading the same playbook I used to write.
Can a violent crime charge be reduced or dismissed?
Often, yes. The prosecution typically charges aggressively to leverage a plea, but the actual evidence rarely supports the worst charge. My recent results include first-degree murder reduced to manslaughter, attempted murder with gang enhancement reduced to 12 years, and ADW with great bodily injury beaten outright at trial.
More specific FAQs: Murder · Attempted Murder · Assault & ADW · Armed Robbery · Gang Crimes
DUI & Driving
What happens to my license after a DUI arrest?
Two separate proceedings: a criminal case in court, and a DMV administrative case for your license. The DMV gives you 10 days from arrest to request a hearing. Miss that window and your license is automatically suspended in 30 days. I handle both tracks in parallel.
Can a DUI be reduced to a wet reckless?
Often yes. Wet reckless (VC 23103.5) is a lesser charge with shorter probation, lower fines, no mandatory ignition interlock, and no priorable DUI on your record. It is especially common in borderline BAC cases or where the traffic stop has problems.
I blew under .08, can they still charge me?
Yes. California has a separate offense for driving while impaired by alcohol that does not require .08 BAC, particularly common with drug DUIs or low-BAC cases. They can also charge you under VC 23152(a) on observation alone. These cases are weaker for the prosecution and very defensible.
More specific FAQs: Felony DUI · DUI with Injury · DMV Hearing
Drug Crimes
Can a drug charge be dismissed without a conviction?
Often yes. California offers multiple diversion programs – PC 1000 (deferred entry of judgment), Drug Court, and Veterans Treatment Court – that result in dismissal upon successful completion. For non-violent possession cases, this is often the right path.
What is the difference between possession and possession for sale?
Possession is for personal use; possession for sale (HS 11351) requires the prosecution to prove you intended to distribute. They use indicators like weight, packaging, scales, cash, text messages, and lack of paraphernalia. These indicators are challengeable, and reducing a for-sale charge to simple possession can drop felony exposure to a misdemeanor.
Does marijuana legalization protect me from prosecution?
Only up to the legal thresholds. Adults can possess up to 28.5 grams of flower and 8 grams of concentrate. Anything above that, or sales without a license, or distribution to minors, remains a crime. Prop 64 also allows reductions and expungements of prior marijuana convictions.
More specific FAQs: Possession for Sale · Drug Trafficking · Drug Diversion
Domestic Violence
My spouse wants to drop the charges. Can they?
No. Once a DV report is made, the case belongs to the District Attorney, not the alleged victim. The DA will proceed even if the alleged victim recants, refuses to testify, or asks for the case to be dropped. They will use the original 911 call, body cam footage, and photos. What an experienced defense attorney can do is build a case for the DA to dismiss on the merits.
What happens to my gun rights?
Any DV conviction (even misdemeanor) triggers a 10-year firearm prohibition under California law and a LIFETIME prohibition under federal law. Even a Penal Code 1203.4 dismissal does not restore federal gun rights. This is why reducing a DV charge to a non-DV alternative is often the most important outcome.
Will this affect my custody case or immigration status?
Yes, often more than the criminal case itself. Family court treats DV findings as a major custody factor. For non-citizens, DV is a deportable offense and can also bar reentry. Coordinating the criminal defense with family law and immigration counsel from day one is critical, and I make those connections when needed.
More specific FAQs: Restraining Orders · Criminal Protective Orders · What To Do After DV Arrest
Theft & Property
Does Prop 47 still help with theft cases?
Yes. Prop 47 reduced many felony theft offenses to misdemeanors when the value is under $950. This applies prospectively to new cases and retroactively to old convictions. If you have a prior felony theft conviction, you may be eligible for resentencing or reduction.
What is the difference between robbery and theft?
The use of force or fear. Theft is taking property without consent. Robbery is taking property by force, fear, or threat directly from a person. Robbery is always a felony and always a Strike Offense – a critical distinction in California.
Can I be charged with burglary if I did not take anything?
Yes. Burglary (PC 459) is entering a structure with intent to commit theft OR any felony. The act of entry with intent is the crime – completion of the theft is not required. This makes burglary one of the most aggressively-charged offenses in the state.
More specific FAQs: Burglary · Theft · White Collar
Sex Offenses
I have not been charged yet, but police want to talk. What should I do?
Do not talk to police, even to clear your name. Sex offense investigations are designed to gather statements that will be used against you. Call me FIRST. Pre-charge intervention is the single most important difference between a charge and no charge.
What is PC 290 registration?
California’s sex offender registry. Tiered into 3 levels: 10-year, 20-year, and lifetime registration. Determines where you can live, work, and travel, and is publicly searchable for many offenders. Because registration consequences can outweigh the criminal sentence, reducing a charge to a non-registrable offense is often the most valuable outcome.
Can sex offense charges be reduced or dismissed?
Yes. The evidence in these cases is rarely as solid as the initial allegation. Inconsistent statements, lack of corroboration, motive to fabricate, and forensic limitations all create defense opportunities. I have taken child molestation charges to NOT GUILTY.
Strike Priors
What counts as a strike under California law?
A strike is any prior conviction for a Serious Felony (PC 1192.7) or Violent Felony (PC 667.5). The list includes murder, attempted murder, ADW, robbery, residential burglary, certain sex crimes, and any felony where great bodily injury or a firearm was used. The full list is long and technical, and many priors that look like strikes are actually challengeable.
Can old strike convictions be removed?
Sometimes, yes. Prop 47 reduced many drug and theft felonies to misdemeanors, including retroactively. PC 1170.95 and 1473.7 allow vacating certain felony murder and immigration-affected convictions. A successful petition can eliminate a strike entirely.
What is a Romero motion?
A Romero motion (from People v. Romero, 1996) asks the sentencing judge to STRIKE a prior strike for purposes of the Three Strikes Law, effectively treating the case as if the prior strike does not exist for sentencing. Judges have wide discretion to grant Romero motions based on remoteness of the prior, the nature of the current offense, and the defendant’s history.
More specific FAQs: Romero Motions
Expungements
What does an expungement actually do in California?
California does not use the word expungement formally. The closest equivalent is a Petition for Dismissal under PC 1203.4. It sets aside the conviction. The case is dismissed AFTER conviction, meaning you can answer no to most employment questions about convictions. It does NOT erase the record from law enforcement databases, restore gun rights in most cases, or remove sex offender registration.
When am I eligible to file?
Generally, you must have completed probation, have no current criminal cases pending, and have no unpaid restitution. Some convictions are ineligible (most sex offenses, certain serious felonies). Sealing arrest records (PC 851.91) is available when an arrest did not result in conviction.
Can a felony be reduced to a misdemeanor?
If the original charge was a wobbler (chargeable as misdemeanor or felony), PC 17(b) allows reduction after sentencing. Reduction has powerful effects. It restores firearm rights, removes the felony from background checks, and often qualifies you for additional relief.
More specific FAQs: PC 1203.4 Dismissal · PC 17(b) Reduction · Prop 47 Reductions
Juvenile & Child Abuse
What is different about juvenile court?
Juvenile court is run by the Welfare & Institutions Code, not the Penal Code. There are no juries. Penalties are framed as dispositions (treatment plans) rather than sentences. Records can often be sealed at age 18 under W&I 781. The system prioritizes rehabilitation, but a serious offense can be transferred to adult court (WIC 707), where adult rules and penalties apply.
Can DCFS take my children if I am being investigated?
Yes. The Department of Children and Family Services (DCFS) operates a parallel investigation track that can result in removal of children even before criminal charges are filed. The juvenile dependency case proceeds on a separate timeline from any criminal case. The two cases require coordinated defense – what you say in one affects the other.
Can a juvenile record be sealed?
Yes, in most cases. Under W&I 781, juvenile records can be sealed and destroyed, often automatically at 18 for less serious offenses, by petition for others. Sealing means the case never happened for most legal purposes (with limited exceptions). It is one of the most important post-disposition steps in juvenile work.
More specific FAQs: Juvenile Defense · Child Abuse Defense