While the recreational use of marijuana is legal in California and across many other states, operating a motor vehicle while under the influence of any drug is still against the law in the Golden State. But is there a legal limit for THC levels in a driver's blood? How does law enforcement determine that a driver is impaired due to marijuana use? Our attorneys review marijuana and DUI laws in California and explain what to do if you are facing DUI of marijuana charges.
Marijuana is now legal for adult medical and recreational use in California. However, marijuana users are still subject to strict regulations determining how much marijuana they can carry at one time and where they are allowed to smoke it.
Current laws limit marijuana users to possessing about one ounce of the drug for personal use. If an individual is in possession of more than 28.5 grams of marijuana or eight grams of concentrated cannabis, they may be facing penalties that could include fines, mandatory drug education and counseling, community service (for persons under 18), and even imprisonment (for those 18 or older). In addition, you may not have any amount of marijuana while present at a school campus, and smoking in public is not allowed.
Drivers in California are considered to be intoxicated if their blood alcohol level is at or above 0.08%, which is the legal limit that determines how much alcohol an individual may have in their system before being deemed impaired to operate a motor vehicle. However, California has no official legal limit for THC levels in the blood at this time.
This is because there is no reliable way to test the levels of THC in a person's blood. The currently available blood and urine tests cannot pinpoint when marijuana was used and how much, and there seems to be no general consensus on how much marijuana a person can use before being considered legally impaired. For example, if a person is a habitual marijuana user, a blood test can indicate THC levels up to a month after smoking or ingesting weed. However, it is still illegal for a driver to be under the influence of any drug while operating a motor vehicle in California.
DUI of marijuana is an offense similar to a regular DUI due to alcohol consumption in the sense that a driver is deemed to be "under the influence of marijuana." That typically means the driver's mental or physical abilities are impaired enough that they are unable to operate their vehicle with the ordinary care and caution of a sober person.
Since chemical and field sobriety tests are not usually enough evidence for the state to show that someone was impaired due to marijuana use, other evidence, such as the way the defendant was driving and what they stated to the police officer. In addition, other factors may also be used to prove the prosecution's case, including whether the individual presented common physical symptoms of intoxication by marijuana, such as dilated pupils, red eyes, and a strong marijuana odor coming from their body, and the arresting officer finds the defendant in possession of any amount of marijuana or drug paraphernalia.
Most marijuana DUI cases are penalized like other DUIs and charged as misdemeanors unless the intoxicated driver has caused injury or death to a third party or has previous convictions. The penalty for a misdemeanor DUI can include probation, fines, and license suspension. Penalties for a felony DUI are more severe and can result in prison time and fines.
Because there is no reliable chemical test to prove a driver was impaired due to using marijuana, a DUI defense attorney has many opportunities to fight the prosecution's arguments. If you are facing marijuana DUI charges, contact the attorneys at the Hurwitz Law Group as soon as possible by calling 323-244-4147.
Being charged with a crime is an overwhelming situation that can turn a person's life upside down and put all their future plans and dreams on hold – possibly for an indefinite period of time. In certain cases, a person charged with a crime may be given the option to take a plea bargain instead of going to trial. Our Sherman Oaks criminal defense attorneys explain how plea bargains work in California and how an attorney can help you make the right decision for your case.
A plea bargain is a type of agreement made between the prosecutor and a defendant. Instead of going to trial, a defendant charged with a crime agrees to plead guilty in exchange for an advantage, which can be lesser charges or reduced sentences. A plea bargain can also give the defendant the opportunity to have other additional charges dropped. Once the defendant accepts the plea bargain, the defendant is automatically convicted of their charges and will serve their sentence without having to go to trial or appear before a jury.
In California, there are two different types of plea bargains available. A charge bargain can occur when the defense attorneys are able to negotiate a lesser sentence. For example, if someone was charged with vehicular homicide after driving while intoxicated and accidentally killing someone, an attorney may be able to convince the prosecution to downgrade the charges to vehicular manslaughter.
In contrast, a sentence bargain can happen when the defendant agrees to the charges in exchange for a reduced or more lenient sentence. For example, instead of risking receiving the maximum sentence for their offense, the defendant may plead guilty to the charges and be able to avoid jail time or spend less time in jail and go on probation. Each case is different, so always speak to an attorney to get advice on your specific case.
Plea bargain offers can happen at any point before the trial and are usually a result of negotiations between the defense attorneys and the prosecution. In many cases, the defense attorney may approach the prosecutor and propose a plea bargain on behalf of their client when they believe their client would have a better outcome for their case by avoiding trial. In other cases, the prosecution may take the first step and offer a plea bargain to a defendant in exchange for information that could help the investigation of a larger crime, such as the defendant's contact person in a criminal organization or drug cartel.
Plea bargain offers typically take place early in the process during pre-trial proceedings or at any point before the trial date. Some plea bargains may have an expiration date attached to it, meaning the defendant needs to make a decision and accept it or decline it before the expiration date. It is worth mentioning that once the trial reaches the point when the jury hands over a verdict to the judge, plea bargains are no longer allowed.
If you are facing criminal charges and have received a plea bargain offer, it is crucial to thoroughly discuss it with your attorney before making the decision of accepting it or rejecting it and taking your chances by going to trial. There are several advantages and disadvantages associated with a plea bargain, and the specifics of your case will dictate whether or not a plea bargain would be in your best interest.
Some of the key advantages of a plea bargain are the possibility of avoiding the maximum sentence for the crime you are being charged with, as well as potentially de-escalating your charges by pleading guilty to a less serious crime. It may also be a way to help a defendant avoid aggravated charges for their case. Because your case won't go to trial, it will take less time to resolve and may result in lower legal fees and court costs. On the other hand, accepting a plea bargain means you will automatically be found guilty and will have a criminal record, which could affect you in the future and limit your opportunities in terms of employment, education, and housing.
When you are facing criminal charges, making the decision of whether to accept a plea bargain or take your chances by going to trial is perhaps one of the most difficult decisions a defendant may ever have to face, as it can determine what will happen to them and their future. The only person who can give you advice on whether to accept a plea bargain or turn it down is your criminal defense attorney.
In general, a criminal defense attorney may recommend their client to accept a plea bargain when they do not believe the client's case would do well in court. If the prosecution has strong evidence against the defendant and the jury is convinced that the defendant committed the crime as described by the prosecution, the defendant may be at risk of being charged and receiving the maximum sentence, making a plea bargain offer a safer choice. However, if the defendant does not want to plead guilty to a crime because they want to prove their innocence and the case is likely to do well in trial, refusing the plea bargain may be a reasonable option.
In the end, there is no right answer, as each case is unique. If you are facing charges, have received a plea bargain, or need legal advice and representation, contact the Hurwitz Law Group at 323-244-4147 to discuss your case.
Restraining orders can be a valuable tool to help domestic violence victims receive protection against their abuser and can also be beneficial to help the parties maintain a safe distance while their family law case is pending. But what happens when the restraining order expires? Are victims allowed to ask for the order to be extended or modified in any way? Our Los Angles restraining order attorneys answer these and other common questions about restraining orders in California and explain why getting legal help to change or extend a restraining order may be the right thing to do for your case.
When issuing a restraining order between two parties, California courts may set an expiration date of up to five years for the first restraining order. In other words, the first time you secure a restraining order against your ex-spouse, for example, the court may look into the specifics of your case and decide that your restraining order should last anywhere from a few months to a maximum of five years.
It is worth noting that some restraining orders may not have a written expiration date. When that happens, it does not mean that the order will last indefinitely. In most cases, the order will automatically expire three years from the date when it was issued. The length of a restraining order varies depending on the severity of the threat against the protected party. If the court has enough reason to believe that the protected party is at risk of severe bodily harm or death, the order will likely last longer. If the court believes the situation between the parties is a lesser threat that will probably be resolved in a short time, the restraining order may not last for the full five years.
In some cases, the protected party in a restraining order has great anxiety and fear about what will happen once the order expires. It is not uncommon for an abuser to continue affecting the victim even after their family law case has been concluded. If you are a protected party and have a restraining order that is due to expire soon, you may be able to ask the court to extend your order as long as you observe certain requirements when submitting your request.
In order to ask the court to extend a restraining order, you need to submit an application no later than three months before the restraining order is set to expire. California laws do not necessarily require the protected party to submit evidence of abuse in order to be granted an extension of their protection order, but you may have to be ready to explain your reasons for requesting the extension and demonstrate that your fear is genuine and that you still believe you may be at risk of being harmed if the restraining order is allowed to expire.
If the court accepts your request, your restraining order may be extended for another five years or may be made permanent. If the renewed order is set to expire in five years, you may repeat the process and apply for another renewal three months prior to the expiration of the new restraining order.
Either party in a restraining order may request a modification of the order, and, in some cases, the prosecution handling the domestic violence case may also request a modification. In some cases where a restraining order requires the defendant to move out of the home they may share with the victim or cut off access to their children, the defendant may ask for a modification of the criminal protective order, claiming that they are unable to comply with some or all of its terms due to financial hardship, for example.
In other cases, the protected party may also request a modification in an attempt to seek reconciliation with the defendant or allow the defendant to have contact with their children. It is not unusual for a criminal court to defer the decision of modifying restraining orders to a family court whenever the parties have an ongoing custody and visitation case. Some restraining orders may be downgraded from a full stay-away and no-contact order to a peaceful contact order, which allows the defendant to maintain contact with the victim but prohibits the defendant from threatening or harming the protected party in any manner.
If a defendant has previously convinced the court to modify their domestic violence restraining order to a more lenient format and has since violated the order, the prosecution may ask the court for a modification. If the court agrees, the order may be modified to full no-contact, and the defendant may also be facing consequences for violating the terms of their restraining order.
If you are a party in a restraining order and wish to have your order changed or extended, it may be in your best interest to contact an attorney. While you are not required to have an attorney for this process, it may be beneficial to rely on the skills and knowledge of a skilled professional to ensure you are taking all the correct steps in your case. Whether you are seeking to have your order modified to a less strict level, such as a peaceful contact order, or have reasons to believe you are still at risk as a victim and need to extend your restraining orders to protect yourself, contact the Hurwitz Law Group at 323-244-4147 to learn more about how we can help you.
If an individual has reasons to believe that another person's behavior is putting them at risk of bodily harm, that individual may request a California court to restrain the other person's behavior by limiting what the other party can and cannot do. This procedure is called a restraining order and can be a vital tool in domestic violence cases as well as in civil harassment cases. But what are the steps to obtain a restraining order if you live in Los Angeles County, and why should you speak to an attorney? Get the facts and see how an attorney can help you.
In California, there are four main types of restraining orders. The type of restraining order a victim can file depends on their relationship with the alleged abuser. If the victim and the abuser are married, divorced, separated, dating (or used to date), have children together, live or used to live together, or are closely related (a parent, sibling, child, or close family member), then the victim may file for a domestic violence restraining order.
If the victim and the abuser do not have a qualifying relationship as described above, but the victim has been the target of violence or credible threats of violence, they may file for a civil harassment restraining order. This type of order can apply to anyone who is not in a close relationship with the protected person.
Other less common types of restraining orders include elder abuse restraining orders and workplace violence restraining orders. An elder abuse restraining order can be requested for the protection of an elderly person who has been the target of physical abuse, financial abuse, abandonment, or neglect. A workplace violence restraining order can be requested by employers on behalf of an employee who has been a target of violence, threats of violence, stalking, or severe harassment at the workplace.
Restraining orders can have different levels of restrictions dictating how much contact the defendant can have with the protected party. Restraining orders can vary from full stay-away, no-contact orders, which require the defendant to maintain a set distance from the protected party at all times and cut off all communication, to peaceful contact orders, which allow the defendant to maintain contact with the protected party but prohibits the defendant from engaging in any violent or threatening behavior, or issuing threats through a third party.
In some cases involving civil harassment and, most commonly, domestic violence, the victim may obtain immediate protection through emergency restraining orders or temporary restraining orders. For example, if a domestic violence victim calls 911 and an officer responds to the call, the officer may ask the judge to issue an emergency restraining order to give the victim protection in order to allow them to go to court and request a temporary order. An emergency order typically lasts for not more than seven days.
A temporary restraining order allows a domestic violence victim to obtain protection right away instead of putting themselves at risk and exposing themselves to their abuser while waiting for a court hearing to obtain a permanent restraining order. If the victim believes they are at risk, they may request the court to grant them a temporary order at the time when they file for their permanent orders. A temporary restraining order lasts for about 15 days or until the victim's court hearing date and does not require the alleged abuser to be present in court.
Obtaining a temporary domestic violence restraining order is one of the first steps for a victim to be granted a permanent restraining order protecting them from their abuser. The process to request a permanent restraining order in a domestic violence case is to visit your local court clerk and request all the necessary forms, fill them out, and take them to the court. An attorney can assist you by helping you make sure your forms are completed correctly and that requesting a domestic violence restraining order is the right choice for your case.
Once you turn in your paperwork to the court, you may obtain a temporary restraining order if you requested one. The next step is to attend a court hearing, which usually happens a couple of weeks after your initial application for a restraining order. The person you are seeking protection against will also be required to attend the hearing. At the end of the hearing, the judge will make a decision and may issue a permanent restraining order for a maximum of five years.
If you are looking to obtain a restraining order for a domestic violence case or need help contesting a restraining order that has been issued against you, it may be in your best interest to consult an attorney to discuss your case. Both parties in a restraining order may request the court to modify it and make it more or less lenient, extend it past the five-year mark, or cancel it before it is set to expire.
The attorneys at the Hurwitz Law Group have extensive knowledge of all types of restraining orders available in Los Angeles County and can assist you with the steps required to obtain, extend, or modify a restraining order. We can also provide you with quality legal advice to help you deal with any challenges a restraining order may bring concerning child custody and visitation arrangements. Contact our law firm by calling 323-244-4147 and requesting a free initial consultation to discuss your case and see how we can help you.
A plea bargain, often called a plea deal or plea agreement, is a legal process involving the defendant, the defending attorney, the prosecuting attorney, and a judge. Plea bargains exist in criminal courts, not civil courts. A civil court has something similar, known as a plea deal, where the two parties agree to a settlement.
A plea bargain may be offered when the government has a strong case against the defendant.
Plea bargains may benefit both the defending and prosecuting party, with some caveats, of course.
Prosecutors tend to face a packed schedule, burdened with heavy workloads and limited resources. If the defending party accepts a plea bargain, this is one less case the prosecuting attorney will need to prepare for and carry out.
Prosecutors care about their stats. They are seeking a successful trial, and if a defendant accepts a plea agreement, then the trial is considered a win. A plea bargain can help ensure there is no risk of a trial loss.
Likewise, the judicial system is just as burdened with caseloads. When a prosecutor can offer a bargain tempting enough for the defendant to accept, this lessens the workload for the court system. A defendant who confesses to a crime does not need a criminal trial.
A defendant may see several benefits to accepting a plea bargain. When a defendant can not afford bail, they may have to stay in jail for the weeks or months leading to their trial. Even when the case finally reaches the courtroom, the defendant will still remain in jail for the duration of the trial. If the prosecutor offers a plea bargain with a reduced charge and a lighter possible sentence, the defendant may see this as their way out of jail.
A defendant who holds a professional license, perhaps an accountant, healthcare professional, or a commercial driver, may be afraid of losing their license. Many professional licenses can be revoked if an individual holding the license receives a felony conviction. Depending on the crime, a prosecutor may not only be aware of the defendant's professional license but may use that knowledge when offering a plea bargain. Offering to remove a felony charge, offering a lesser charge, like a misdemeanor, in exchange for a guilty plea can be tempting for a professional not wanting to lose their license.
Like prosecutors and court systems, defendants have limited time and resources, as well. A defendant may see it as a benefit to plea guilty in order to avoid a spendy, time-consuming criminal trial. The defendant will still be responsible for any fees they incur as a result of their crime, but a plea bargain can lessen the financial impact on the defendant.
Let's be honest: a criminal charge of any sort is stressful. When facing a criminal charge, the defendant can be worried about their financial situation, social reputation, losing their licenses, losing time with their family, and waiting to find out if they may lose their freedoms. A defendant may accept a plea bargain in order to minimize these stressors. Someone who accepts a plea bargain and receives a lesser charge may face fewer repercussions to their social standing. They can maybe maintain some of their reputation in the public eye as someone with a misdemeanor rather than a felony. They miss less time at work, which can limit the impact on their family life.
Plea bargaining is the primary method through which judges, prosecutors, and defense attorneys cooperate, working towards their individual and collective goals. A good plea bargain should benefit both the prosecutor, the defendant, and the criminal justice system.
Plea bargaining happens after the suspected crime, after the arrest procedures, but before a criminal trial. At this point, the defendant has been charged with a crime but not convicted of a crime. A conviction requires a criminal court trial, something prosecutors are usually trying to avoid in the form of a plea agreement.
Both the defending party and the prosecuting party may initiate negotiations over a proposed plea bargain. Both parties must agree upon a plea agreement before one comes to pass.
The process of negotiating a plea bargain is a private endeavor between the prosecuting and defending parties. While some laws are changing when it comes to victim's rights when it comes to plea bargaining, the state of California does not have laws in place for victims of crimes when it comes to plea bargain negotiations, except for the right to be timely informed of a plea bargain.
Part of the plea bargain negotiation obviously pertains to the defendant's fate. The prosecutor has many tools in their kit when it comes to creating an enticing bargain, from seeking a lesser conviction, dropping a collection of charges for the guilty plea of a specific charge, or with the prosecutor recommending a more lenient sentence. It is important to be aware that the Judge is not required to accept the prosecutor's suggestion of leniency.
Plea bargains are often subject to the approval of the court.
If someone is facing a criminal charge, they need an attorney. A talented defense attorney is there to help the defendant understand the criminal court process. It can be harder for a defendant to understand the legal consequences of accepting or denying a plea agreement, leading to a more expensive outcome with harsher punishments.
If you are facing a criminal offense, please call the law office of Hurwitz Law Group at 323-244-4147 to schedule a free and confidential consultation.
According to the California Department of Motor Vehicles 2021 DUI Management Information Systems Report, the DUI arrest rate per 100,000 licensed drivers in California was 455 for the year 2019. The report also shows the state takes DUI offenses very seriously, with over 71% of DUI arrests resulting in convictions.
Yet, as many as 27.5% of all convicted DUI offenders arrested in 2019 were repeat offenders, meaning they had at least one other DUI offense on their record within the past ten years. Learn more about the penalties a multiple DUI offender may be subject to in California and some common defense strategies a DUI defense attorney can use.
In California, any driver over 21 is considered intoxicated if they are under the influence of drugs or alcohol. If the driver has ingested alcoholic drinks and their BAC (Blood Alcohol Concentration) reaches a limit of 0.08% or higher, they may be charged with a DUI offense (Driving Under the Influence). Drivers under 21 are subject to the state's zero-tolerance policy, which sets the legal BAC limit to as little as 0.01%, meaning a young driver can get a DUI with any alcohol in their blood.
The DMV's DUI report also states that the average BAC of a convicted DUI offender in 2018 was 0.16%, double the legal limit of 0.08%. It is also worth mentioning that a person is not allowed to drive under the influence of drugs – including certain prescription drugs, controlled substances, and illegal drugs that make a driver mentally or physically impaired and unable to operate a motor vehicle like a sober person.
If a person commits another DUI within ten years of their first offense, they can expect to face progressively harsher penalties. Most second-time DUI offenders may expect to be sentenced to some jail time. The typical jail sentence for a second DUI offense can be 90 days on average, but each case is unique, and penalties can vary between the mandatory minimum of 96 hours up to one year in a county jail.
In addition to jail time, a second DUI offense may result in three to five years of summary probation, a variety of fines and penalty assessments that can quickly add up to over $2,000.00, and mandatory attendance of a DUI course. The driver may also be subject to a license suspension. Still, the suspension can be lifted, and the driver may be allowed to carry a restricted license by applying to install an IID (Ignition Interlock Device) and maintaining it for at least one year.
Sentences for a third DUI in California also involve fines, jail time, and administrative penalties. However, instead of 96 hours, third-time DUI offenders may be subject to a minimum mandatory jail sentence of 120 days in the county jail and a maximum of one year. Fines and penalty assessments are also steeper, bringing the total to almost $2,500.00. Installing an IID for two years, attending DUI school for at least 30 months, and serving three to five years of summary probation may also be required.
A fourth DUI conviction for someone with three other DUIs within the past ten years could result in a wobbler offense. That means a fourth DUI could be charged as a misdemeanor or felony. If your fourth DUI is a misdemeanor, your minimum mandatory jail sentence is 180 days. If the DUI offense is convicted as a felony, you may be looking at a state prison term of up to three years, serve at least half of your time in custody, and be subject to a longer summary probation sentence of 5 years or more. Any subsequent DUI offenses after your fourth one may be automatically considered felonies and would likely result in maximum sentences.
In addition to any criminal penalties you may face for multiple DUIs, additional administrative penalties may be issued by the DMV. These penalties affect the status of your driver's license and your ability to drive. Here are some of the possible penalties you may be looking at:
As you can see, multiple DUI convictions can affect your life in many different ways. You may be facing criminal and administrative sentences that affect your ability to drive, stay employed, and seize future opportunities in life. At the Hurwitz Law Group, you can get legal representation to help you fight your DUI charges and seek a better outcome. Our skilled DUI attorneys can question the evidence presented against you, such as the validity of blood tests and the legality of the traffic stop that resulted in your DUI charges. Each DUI case is unique, so contact our firm at 323-244-4147 to discuss the specifics of your case.
When law enforcement suspects a driver may be under the influence of drugs or alcohol, they may subject that driver to a variety of tests to confirm the impairment and measure to what extent the driver is intoxicated. But what are these tests? How do they work, and, most importantly, what happens if you refuse to take them? Our attorneys discuss how DUI test refusals are handled in Los Angeles County and the possible consequences of refusing a DUI test.
In California, licensed drivers are subject to the implied consent law, which means that anyone with a valid driver's license has provided their consent to submit to chemical DUI testing at the time they applied for the license. Chemical testing includes breath samples (using a breathalyzer device) as well as blood and urine samples. In addition, drivers may also be asked to perform a field sobriety test when pulled over by a law enforcement officer.
The breathalyzer test works by detecting alcohol vapor in a person's breath. The individual is asked to blow into an alcohol tester called a breathalyzer. If any alcohol is present, the machine is capable of detecting it and measuring its concentration, indicating the person's BAC (Blood Alcohol Content). Blood tests and urine tests are conducted by obtaining a sample from the individual and sending it to a lab for analysis. In general, blood tests typically offer more accurate results than breath or urine tests, but none of the three DUI testing methods offer 100% reliability and can be subject to errors and inaccuracies.
Another tool that is often used by law enforcement in suspected DUI cases is the field sobriety test. A field sobriety test is a combination of a series of tasks to help evaluate a driver's mental and physical condition in order to determine if they are impaired by the consumption of alcohol or drugs. As part of a field sobriety test, an officer can ask a person to perform a horizontal gaze test (follow a pen or pencil move from side to side without tilting their head), walk in a straight line, and even stand on one foot for 30 seconds.
Field sobriety tests tend to yield controversial results – they have been criticized as being inaccurate and highly subjective. It is totally up to the officer to determine whether you've "passed" or "failed" the test, and there is a high probability that the results from any part of the rest could be misinterpreted and lead the officer to believe that a person is intoxicated. In addition, California drivers are not obligated to take a field sobriety test and can politely refuse to do so without any negative consequences. However, it is worth noting that if you refuse a field sobriety test, you may be asked to submit to a chemical test such as the breathalyzer.
Because of the implied consent law, California drivers are expected to agree to submit breath, blood, or urine samples to law enforcement when arrested for a DUI. The breathalyzer test can usually be conducted at the police station, while a blood and urine sample may be collected at the station and sent to a laboratory for analysis.
In other words, simply by having a valid driver's license, law enforcement understands you have given your implied consent to chemical testing. While you can technically refuse to submit to chemical testing, the implied consent law prescribes several legal implications for a refusal.
The most common consequence of refusing a chemical test for a DUI is immediate license suspension. In addition, you may be facing longer jail time, have your license suspended for additional time, and have to participate in longer DUI school programs.
If you are facing DUI charges and need help protecting your rights, reach out to the Hurwitz Law Group. Our lawyers are available to assist you with your DUI case in Los Angeles County and surrounding areas. Call 323-244-4147 to learn more.
Driving under the influence (DUI) is a serious offense in California. Even if this is your first conviction and you have never had any type of criminal offense or traffic violation in the past, a first-time DUI is not something to be taken lightly, as it can still lead to harsh penalties and legal consequences that can have a long-lasting impact on your life. The DUI defense attorneys at the Hurwitz Law Group discuss how first-time DUIs are handled in Los Angeles County and explain why it is important to seek legal help as soon as possible.
In the state of California, a first-time DUI offense can be considered a "wobbler" offense, meaning that it could be charged as either a misdemeanor or a felony. A misdemeanor is a less serious criminal offense than a felony. Many DUI cases are charged as misdemeanors, meaning a defendant could be looking at a maximum jail sentence of up to six months.
However, if charged as a felony, the penalties for a DUI can be much more severe, including up to three years in a California State prison. Certain aggravating factors can automatically escalate a misdemeanor DUI to a felony, regardless of whether the driver has had any previous DUI convictions or not. These aggravating factors can include drunk driving with a minor passenger in the vehicle or causing an accident with injuries or death.
Getting charged with a DUI for the first time can be a scary situation. Fortunately, in some cases, a judge may impose alternative sentences to a defendant that would allow that individual to avoid jail time or serve their jail sentence in an alternative arrangement in order to keep their jobs. Some of the most common alternative sentencing options include:
Each DUI case is different, and not every person facing charges may be able to avoid jail time, especially if certain aggravating factors are present. However, by working with a DUI defense attorney, you may improve your chances of receiving a milder penalty for a first-time DUI.
In addition to jail time and fines, a first-time DUI offender may face additional consequences, such as a suspended license, increased car insurance rates, and difficulty in finding employment in certain professions. The length of the license suspension can vary depending on factors such as the BAC level, the existence of any prior DUI convictions, and whether any aggravating factors were involved.
A DUI conviction can also lead to financial difficulties, as it may affect a person's ability to commute to and from work and thus maintain employment. In addition, having a DUI on record can be the cause for a steep increase in auto insurance premiums, with rates going up to 165% or more after a DUI is added to a driver's record and even higher after multiple DUIs.
A first-time DUI is not a matter to be taken lightly. Even if you manage to secure a lighter sentence or no jail time, having a conviction on your record can affect many aspects of your life for years to come. The Hurwitz Law Group can help you defend against a DUI charge so you get a chance to avoid a conviction in the first place. If your case cannot be dismissed, our attorneys can help negotiate a more lenient sentence and help you secure a favorable outcome. Reach out to the Hurwitz Law Group at 323-244-4147 to learn more.
Domestic violence refers to repeated abusive behavior that is used by one partner to gain control and power over the other partner. It is a serious crime in California and can have serious consequences. Domestic violence can include physical, emotional, sexual, and financial abuse, and it can occur in any relationship, regardless of gender, age, or socioeconomic status.
The California Penal Code lists a variety of offenses that may be classified as domestic violence and prescribes significant penalties for each of these offenses. Our attorneys provide an overview of some common domestic violence offenses in Los Angeles and explain why hiring an attorney can make all the difference in your case.
Domestic violence can mean physical, sexual, emotional, or financial abuse against a spouse or person with whom the abuser maintains an intimate relationship. Physical abuse may include violent behaviors such as hitting, kicking, or choking, while emotional abuse may involve manipulation, intimidation, gaslighting, or constant criticism. Sexual abuse may include unwanted, non-consensual sexual acts, while financial abuse involves controlling a partner's access to money or resources.
The state of California divides domestic violence crimes into a variety of different offenses ranging in severity from misdemeanors to serious felonies. Common domestic violence offenses include corporal injury to a spouse or inhabitant, domestic battery, and child abuse.
In California, corporal injury to a spouse or inhabitant is a serious offense under Penal Code 273.5. This offense occurs when an individual willfully inflicts physical injury upon their spouse or someone they live with, causing a traumatic condition.
Corporal injury to a spouse or inhabitant is typically considered a felony in California, and the penalties can be severe. If convicted, you may face imprisonment in state prison for up to four years, fines of up to $10,000, or both. Additionally, the court may issue a protective order to protect the victim and prevent contact between the offender and the victim.
Domestic battery occurs when one person willfully touches their intimate partner in a harmful or offensive manner, causing an injury that may or may not be visible. While domestic battery is typically a misdemeanor offense, it can still have serious consequences. If convicted, the offender may face up to one year in county jail, fines of up to $2,000, or both.
If the domestic battery incident resulted in serious injuries to the victim, it could be charged as a felony. That means the offender may be looking at up to four years in state prison and a hefty fine of up to $10,000.00.
Under Penal Code 273d, anyone who "willfully causes or permits a child to suffer unjustifiable physical pain or mental suffering" or who "willfully causes or permits a child to be injured" can be charged with child abuse. That includes unreasonable corporal punishment that can be considered cruel or cause injury, such as spanking a child with a hard object in an attempt to discipline the child.
Child abuse is a wobbler offense in the state of California. In other words, it can be a misdemeanor or a felony. If convicted, an offender may be facing severe penalties such as up to six years in state prison and fines of up to $6,000.00.
If you are facing domestic violence offense charges, it is recommended that you seek legal help right away. A domestic violence defense attorney can help you have a clear understanding of your charges and build a strong defense strategy to help you fight back. The Hurwitz Law Group serves clients in Los Angeles and surrounding areas and can help you have better chances of securing a positive outcome for your domestic violence case. Reach out to our law firm by calling 323-244-4147 and requesting a free consultation to discuss your case.
California criminal courts handle the process of convicting and sentencing an offender found guilty of committing a crime. While some crimes have sentences that can largely be decided by the judge handling the case, other crimes are subject to California's mandatory minimum sentencing laws. Our attorneys explain how these mandatory minimums work and how they may influence a defendant's sentence for a crime.
California's mandatory minimum sentencing laws were created in the late 1970s to replace the state's indeterminate sentencing system in an effort to assign punishments in a uniform manner and in proportion to the severity of the crime. These laws define the lowest degree of punishment and the highest possible degree of punishment for a particular crime.
For example, certain felonies may result in a prison sentence that can range from 5 years without parole all the way to life in prison. It is up to the judge handling the case to determine what degree of punishment a specific felony requires. However, if an offense has a mandatory minimum sentence, the defendant will likely have to serve at least the minimum sentence required for their crime, as the judge may not prescribe a lesser sentence.
When a person is charged with a crime, the offense can be considered a misdemeanor or a felony. A misdemeanor is a less serious criminal offense in comparison to a felony. Disorderly conduct, DUI, simple assault, and probation violation are some common examples of misdemeanors. In California, the maximum jail sentence for a misdemeanor is one year.
The mandatory minimum sentence rules are only applicable to felonies and not misdemeanors. A felony is a more serious offense, such as domestic violence, assault, robbery, murder, and manslaughter. Sentencing for felonies is largely based on three sentencing ranges – low-term, mid-term, and high-term, with the low term being the least amount of time a person can serve for the felony they committed. The judge can decide which sentencing range is appropriate for the case based on the severity of the crime and the presence of any aggravating factors, such as previous felony convictions.
The California Senate has passed a bill that proposes the end of mandatory minimum sentences for non-violent drug crimes. The bill was created due to the fact that many believe non-violent offenders charged with drug crimes would benefit more from accessing alternative sentencing options that include rehabilitation.
However, current mandatory minimums for these offenses mean judges do not have the option of prescribing an alternative sentence, and the offender is sent to jail. The bill is expected to be beneficial for nonviolent offenders struggling with substance abuse as it gives judges the authority to order probation instead of sending the offender to be incarcerated, which critics say has been an ineffective and costly solution for fighting drug problems in the community. If you are not sure how the new legislation may affect your case, it is always best to consult a skilled criminal defense attorney.
With the exception of non-violent drug crimes, felonies are still subject to mandatory minimum sentence laws in California. Certain criminal offenses – such as DUIs – are considered "wobbler" charges, as they can be charged as a misdemeanor or as a felony if certain aggravating factors are present.
Working with a skilled criminal defense attorney may mean the difference between facing a maximum jail sentence of one year for a misdemeanor and being subject to a mandatory minimum jail sentence for a felony. If you are being charged with a criminal offense, an attorney can positively impact your case by convincing the prosecution to de-escalate your charges and negotiating a more lenient sentence. Depending on the nature of the crime, your attorney may be able to help you avoid imprisonment altogether and secure an alternative sentence, such as community service or probation.
Each criminal case is different, but the sooner you contact a criminal defense attorney for your case, the better your chances of securing a positive outcome. The Hurwitz Law Group is here to help – call 323-244-4147 to learn more.
