Drug Manufacturing Attorney Los Angeles
According to the Superior Court of California, misdemeanor crimes all across the state (including in Los Angeles) typically carry with them a maximum punishment of a $1,000 fine and less than one year in county jail. The term itself can actually be used to describe a wide range of different crimes and violations, including but not limited to things like:
When you are facing charges of drug manufacturing, you need an experienced attorney who will diligently protect your rights. Talk to the team at Hurwitz Law Group for answer to questions regarding your drug manufacturing case.
There are many types of drug offenses in California that lead to significant fines as well as imprisonment for offenders. Drug manufacturing can apply to the cultivation of plants used to produce illegal drugs as well as the chemical processes for refining drugs such as ecstasy, methamphetamine, or crack cocaine. Depending on where the drug manufacturing activity in question takes place, an offender can face aggravation during sentencing. It’s vital for all California residents to know the drug manufacturing laws in the state and to appreciate the value of a reliable Los Angeles drug manufacturing lawyer.
California Health and Safety Code Section 11379.6 covers possible drug manufacturing and cultivation offenses in California. Broadly, the law covers any production, derivation, processing, preparation, conversion, compounding, manufacturing, chemical synthesis, or chemical extraction related to the production of illegal drugs. Offenders face felony drug manufacturing charges punishable by up to seven years in state prison and fines up to $50,000. Fines collected for such offenses go toward the Clandestine Drug Lab Clean-Up Account, a state-managed program aimed at safe disposal of illegal drug manufacturing supplies and equipment. Hurwitz Law Group is here with more information for you.
Aggravation often comes into play during sentencing in drug manufacturing cases. Depending on the location of a drug manufacturing operation or the location where drug manufacturing activities took place, an offender risks increased penalties. Some factors that can lead to aggravation in sentencing include:
Marijuana is legal to own, consume, and privately grow for adults over the age of 21. California residents may maintain up to six marijuana plants for personal use and possess up to 28 grams of marijuana at any time. However, possession of more than the amounts required by law may lead to drug manufacturing charges. For example, keeping six marijuana plants in your home for personal use is acceptable under California’s drug laws, but keeping more than six plants produces a larger harvest and therefore counts as drug manufacturing.
A defendant facing drug manufacturing charges can defend against such charges by providing significant proof that he or she was lawfully abiding by the state’s cannabis cultivation laws or possessed a medical marijuana card for a legitimate medical issue. Some Californians may also secure special licenses to allow them to produce more than the typically permitted amount of marijuana plants for the purposes of supplying local medicinal marijuana dispensaries. However, failing to acquire and/or maintain the necessary business licenses for such practices can lead to felony drug manufacturing charges.
If you need a Los Angeles drug manufacturing lawyer, the Hurwitz Law Group is here to help. Our team has extensive experience with all types of criminal drug cases in California, and we have one of the highest success rates for any defense firm in the area. We have an unfaltering commitment to our clients’ rights and can help you defend against unjust drug trafficking charges. Many possible factors such as mistaken identity, protected business or personal practices, or other circumstances may aid you in your case, and we will work tirelessly to have the charges against you reduced or dropped.
Contact our Los Angeles office today to schedule a consultation with one of our attorneys about your drug manufacturing case. We’ll review the charges against you and let you know how our firm can help.
By definition, a theft crime is when an individual takes possession of another individual’s property without the owner’s consent.
A theft crime offense varies depending on the nature of the committed crime.
Stealing or thievery has different classifications. A theft crime can be a seemingly harmless petty theft or a massive grand theft.
The classification of a stealing crime will depend on the value of the object stolen.
Our experienced criminal defense lawyer can help you find your way out if you are wrongfully charged with theft.
Theft offenses are generally large crimes. You can receive a criminal record if you are convicted of a theft-related crime. Fighting for your justice can be a hard win since the victim is heard more than the defendant in most cases.
The best thing you could do is to hire a highly-skilled criminal defense attorney on your side. Criminal defense lawyers have substantial knowledge of criminal defense law, and they can help you salvage your case. Knowledge and experience are the keys to winning your case.
At Hurwitz Law Office, our Los Angeles theft crimes lawyer possesses the necessary qualities that successfully win cases. Our criminal defense lawyer dedicated his practicing years to achieving justice for our clients.
He is not afraid to challenge prosecutors and fights firmly to provide the best outcome for his clients. His years of proven success earned him the title of Super Lawyers Rising Star since the year 2018 and was selected among the Top 100 National Trial Lawyers since 2017. This award is given only to lawyers with recognizable talent.
Our outstanding client testimonials speak volumes about the quality of service and output we provide. At Hurwitz Law Group, we value our attorney-client relationship. Our law firm will handle your case thoroughly and provide you with the best outcome.
Our law firm offers an initial free consultation. We will carefully analyze your case and provide actionable legal advice that can help you win your case.
In California, theft charges are commonly encountered. A theft charge can have detrimental effects on the overall life of the accused. Most employers will turn down an applicant with a prior theft conviction.
Moreover, immigrants with a prior conviction can have adverse effects on their status. A convicted immigrant might face a problem with obtaining their green card. He might even be required by the law to pay for restitution.
The state of California has established a diversion program for convicted criminals. A diversion program prevents criminal convictions for a defendant. This program is also known as deferred entry of judgment which can be classified as a plea bargain.
A convicted felon may face several punishments for his charges. This will depend on whether his crime will be considered a misdemeanor or felony.
Theft crimes are one of the most commonly committed crimes everywhere. This is because theft crimes are an umbrella term used to identify the illegal act of possessing another person’s property.
The California Penal Code Section 484 identifies petty theft as stealing property valued at $950 or less. According to the law, the element of petty theft should include the intent to steal an item, and the value of property stolen is below $950. Both elements would be needed to be met to consider petty theft.
Petty thefts can be from stolen money, property, or labor. It just needs to meet the given element by the law to identify as petty theft.
In most cases, petty theft is charged as a misdemeanor. A misdemeanor offense is punishable by imprisonment in Los Angeles county jail of up to six months. A defendant will also need to pay $1,000 for fines.
A convicted thief with a prior criminal record may face felony charges for petty theft. A felony charge for petty theft is punishable by imprisonment in California state prison.
The California Penal Code 487 is the law governing the identification and punishment for grand theft. The law defines grand theft as stealing a property valued at more than $950. Similar to petty theft, grand theft requires the thief to meet the elements to validate the crime.
As stated in the law, the elements of a grand theft include the intent to steal, and the value of the stolen item should be greater than $950. Generally speaking, grand theft is considered a wobbler. This means that a case can either be a misdemeanor or felony, depending on the nature of the crime.
A misdemeanor grand theft is punishable with up to three years of probation and six months imprisonment. A felon may be charged $1,000 for fines.
A felony grand theft, on the other hand, is punishable by imprisonment of up to sixteen months or three years. The gravity of the punishment solely depends on the nature of the case.
California Penal Code 211 defines robbery. A robbery differs from petty or grand theft by how the thief did the thievery. A particular element of robbery includes using physical force or fear to take ownership of a property.
A robber will often use a weapon to frighten his victim. Aside from physical assault, other elements of robbery include forcibly taking an item with an intent to permanently deprive the owner of his property.
A robbery is classified as a first-degree robbery or a second-degree robbery. A first-degree robbery should take place near an ATM, inside a public vehicle, or in any inhabitable building. A second-degree robbery takes place in any area other than the ones stated above.
Robbery is a felony theft crime. This is punishable by five years or up to nine years in state prison and a fine of $10,000. Under the California Three Strikes Law, a robbery is considered a ‘strike.’
Burglary is defined in Penal Code 459 up to 460. Under these laws, burglary is defined as illegally entering a commercial or residential unit to commit theft.
Similar to robbery, burglary has two classifications. First-degree burglary is also known as residential burglary. By the name, it is a burglary crime committed in a residential space. On the other hand, second-degree burglary is a theft crime committed in a commercial area. This is also known as commercial burglary.
First-degree burglary is a felony charge. The punishment for a felony residential burglary is imprisonment in state prison for up to six years.
Second-degree burglary is a wobbler. It can either be a felony or misdemeanor, depending on the judgment of the court. A felony commercial burglary is punishable by up to three years in county jail. In a misdemeanor case, the convict will be imprisoned for one year in county jail.
Auto theft or burglary is also described in Penal Code 459. The state of California recognizes grand theft auto as the intent to steal a locked motor vehicle.
The law identifies car theft as breaking into a locked automobile with the use of force. To prove a grand theft auto, the victim must prove that the defendant intends to take unconsented ownership of the car.
Under California Law, auto theft is classified as second-degree burglary. This means that a car thief will face a similar punishment to a second-degree burglar.
Penal Code 530.5 is the law governing identity theft. Fraudulent use of another person’s identity should have the element of purposeful acquiring of personal information. The defendant should have the intention to use this information fraudulently to acquire the victim’s personal property.
Identity theft is a wobbler case. If classified as a misdemeanor, the defendant will face imprisonment of up to three years. For misdemeanor cases, the victim is punished with a one year jail time.
Receiving stolen property is identified in Penal code 496. The law described receiving stolen property as purposefully buying or acquiring stolen properties. A defendant must have the knowledge that the acquired property is a product of theft.
A defendant can be charged with stolen property crimes if they have the intention to sell the item. The defendant must also intend to hide the fact that the item he is selling is stolen property.
Receiving stolen property is a wobbler case in California. If the property value stolen amounts to $950 or less, it is considered a misdemeanor. If the value amounts to greater than $950, then the charge can progress as a felony.
Misdemeanors are punished with one year jail time in Los Angeles county jail. Conversely, a felony offense is punishable by three years in California state prison.
California Penal Code 215 is the law surrounding carjacking crimes. The law identifies carjacking as a felony theft offense.
To qualify as carjacking, the offender will need to meet the elements stated by the law. The defendant must have a clear intention to take possession of a car from an owner. A defendant must also use fear or force to take the motor vehicle from the owner.
Carjacking is also a strike under the California Three Strike Law. After meeting the third strike in the three-strikes law, a defendant will face up to 25-years imprisonment.
A white-collar theft crime is a broad term encompassing crimes that are not violent but use deception and fraud to steal property. Depending on the crime committed, a white-collar crime can be punishable at the state level.
The following crimes are classic examples of a white-collar crime:
Since white-collar crimes have a broad and general definition, the punishment for white-collar crimes is not specific. Some of these are felony theft crimes, while some are misdemeanors. The severity of punishment mainly depends on the nature of the case.
Theft offenses cover a wide array of staling crimes. As time progress, convicts devise new ways to commit theft. Because of this, the law needs to enforce new rules to oversee other theft crimes.
Some examples of the theft crimes not mentioned above are as follows:
As established above, the penalties for theft cases vary depending on the origin of the crime committed. Some theft crimes may only be a misdemeanor, while some are considered a felony.
However, wobbler cases exist. This means that an offense can be a misdemeanor or a felony, depending on the nature of the crime.
Generally speaking, misdemeanor cases may face up to six months of jail in Los Angeles county jail. Misdemeanor cases may also have $1,000 penalty fines. Conversely, most felony charges generally have a punishment of three years imprisonment in state prison. A felon may even be required to pay a maximum of $10,000 penalty fines.
It is always better to consult with a criminal defense attorney who can properly assess your case. They may give you an idea about the punishment you might face depending on your case.
A defendant in a theft crime has the legal right to defend himself of any accusations. Some of the most common defenses a defendant can use are as follows:
These are just some examples of classic legal defenses a defendant can use before the court. Along with these defenses, the defendant would still need proof to support his innocence.
Theft offenses are heavy accusations with heavy consequences. An individual should not suffer from false accusations. Our criminal defense lawyer at Hurwitz Law Group understands your situation. Our law firm is dedicated to helping our clients achieve the best possible outcome for their cases.
If you find yourself in this challenging situation, give us a call now at (323) 310-9677, or you may also fill up this form. We offer a free case consultation. We will carefully evaluate every aspect of your case and provide expert legal advice to help you with your case.
Los Angeles White Collar Crime Lawyer
Contact the Hurwitz Law Group today to schedule a consultation about your white collar criminal case, and we can let you know how our firm can help. Many people fighting white-collar charges may be surprised to be among the accused. We can help protect your rights in this situation.
Most Americans are familiar with the term “white collar crime,” but Californians should understand the specific laws pertaining to these offenses. A white-collar crime typically involves financial fraud, deception, or unethical business practices and most often occurs in a business capacity. There are many types of white collar crimes, and anyone facing white collar crime charges needs to understand California law. A Los Angeles white collar crimes lawyer can be a great asset to individuals facing wrongful accusations or unjust white collar criminal charges.
Different parts of the California Penal Code apply to different types of white collar crime:
There are many types of white collar crimes, and their defining traits are generally deceit, concealment, and abuse of trust. Other examples of white collar crimes include computer crimes, bribery (illegally exchanging money for favors), pension fund crimes, and RICO crimes. Under RICO law, if you can charge one member of a conspiracy with a felony, all members of the conspiracy are subject to those felony charges. This is important, because most white collar criminal activity involves more than one person, and all participants could face felony charges due to the actions of one participant.
Anyone found guilty of a white-collar crime potentially faces imprisonment in county jail or state prison, expensive fines in the thousands of dollars, and civil penalties from victims of their criminal behavior. For example, a person who defrauds an investor of millions of dollars will likely face several years in prison and substantial fines but will also likely face civil liability for the victim’s damages.
There are few viable defenses available to those accused of committing white collar crimes. Most of the perpetrators of white collar crimes do so from positions of authority, and very few circumstances will lead to reduced or dismissed charges. One possible defense is duress or acting under the forcible coercion of another party. For example, an acquaintance of a person who processes insurance claims uses threats of bodily harm to compel the person to fraudulently process a claim in the aggressor’s favor. In such a case, the person who commits the white-collar crime only does so out of fear for personal safety. Entrapment is another possible defense if a law enforcement officer encourages an individual to engage in white collar criminal activity that he or she would otherwise not have done.
In some cases, involving investments or financial services, incompetence may be a viable defense if the defendant can prove the white-collar crime was in fact an honest mistake. This may have negative implications for the defendant’s career, but it may help avoid criminal charges. In any event, the right Los Angeles white-collar crimes lawyer will make a big difference in the outcome of such a case.
Los Angeles Criminal Trespassing Lawyer
If you’re facing criminal trespassing charges, contact Hurwitz Law Group to act as your Los Angeles lawyer today. California has strict laws concerning trespassing, or the unlawful entry onto private property. It’s important to note that trespassing can have both criminal and civil implications for offenders. A private property owner may sue for damages and the trespasser will face criminal charges from the state as well. It’s crucial to understand the trespassing laws in California to avoid criminal charges and civil liability. A Los Angeles lawyer can be a fantastic asset in any criminal trespassing case.
California Penal Code Section 602 pertains to trespassing and contains very specific information for more than a dozen types of criminal trespass. The general definition for trespassing is refusing or failing to leave a private property or structure belonging to another party after the owner, an agent of the owner, or a peace officer requests the trespasser to leave the property. There are specific sections of the penal code that pertain to certain activities related to criminal trespassing, such as unauthorized digging or excavation, stealing crops, livestock, or cultivated food, or cutting down or destroyed timber or trees present on the property. There are many different penalties for trespassing on different types of property, depending on the offender’s intentions.
For a criminal trespassing charge to stick, prosecutors must prove that a defendant knowingly and willfully entered private property and intended to interfere with the property in some way. For example, a teenager walking home from work at night decides to take a quick shortcut through a neighbor’s yard. The teen didn’t have permission to enter the property but did not intend to interfere with the property in any way, so this would not qualify as criminal trespassing.
California law defines aggravated trespassing as any trespassing in which the offender uses force or threats of force while unlawfully present on private property, or when an offender makes a credible threat of bodily harm and then appears on the victim’s private property within 30 days of making the threat.
Criminal trespassing can result in an infraction with a $100 fine or a misdemeanor punishable by up to six months in county jail and up to $1,000 in fines. Aggravated trespassing is a misdemeanor punishable by up to one year in county jail and fines up to $2,000. However, some incidents of aggravated trespassing will result in felony charges, punishable by up to three years in state prison plus fines.
The most common defense against trespassing charges is poor marking. Property owners should clearly mark the entrances to their property as private to deter interlopers and to secure their position in a legal battle should a trespassing incident occur. Appropriate markings typically include “Do Not Enter” or “Private Property” signs visible from every point of entry onto the property. Offenders may claim they did not know the property was private when the trespassing occurred if the property owner did not use sufficient markings.
Other possible defenses include owner’s permission or claim of ownership. A defendant in a trespassing case must be able to prove that the property owner gave him or her permission to enter the property for such a defense to work. In some cases, a defendant can prove that owner provided or implied permission to enter the property to avoid criminal trespassing charges.
Hurwitz Law Group in Los Angeles has built one of the most successful defense firms in the area, thanks to our team’s unfaltering commitment to protecting the rights of the accused. We believe every person accused of a crime deserves a day in court to tell his or her side of the story, and we carefully examine every client’s case to look for any way to reduce or drop charges.
Child Endangerment Defense Lawyer Los Angeles
If you are facing a wrongful accusation of child endangerment, it’s important to secure a reliable attorney as soon as possible. Contact the Hurwitz Law Group office in Los Angeles today to schedule a consultation with one of our lawyers. Anyone accused of a crime in California still has rights, and the Hurwitz Law Group is here to help protect those rights.
“Child endangerment” describes any act that puts the health and welfare of a child at risk; if you’re concerned after an accusation of child endangerment, talk to us. Child endangerment can include neglect, abandonment, abuse, reckless driving with a child in the vehicle, and leaving a child in an unsafe environment or in the care of a known abuser. The penalties for child endangerment typically hinge on the age of the children involved, the defendant’s conduct during the incident in question, and the degree of harm suffered due to the defendant’s actions.
A charge of child endangerment is a serious matter, and anyone facing unjust charges needs a reliable Los Angeles child endangerment lawyer. The team at Hurwitz Law Group in Los Angeles believes it’s crucial for parents and guardians to understand the California Penal Code as it pertains to child endangerment and the possible penalties.
In California, a person is liable for all willful misconduct that leads to property damage, injury, or death of a child under the age of 18. Parents are also liable for their children’s actions. For example, a child could cause a car accident while driving with his or her parents’ permission. The parents would be liable for resulting medical expenses of up $25,000 and possibly further damages. A parent who knowingly puts his or her child in a dangerous situation is not only liable for the resulting damages to other parties but injury to the child as well.
Child endangerment charges will make it very hard for the offending parent or caregiver to maintain custody or contact with the child. Additionally, offenders can face misdemeanor or felony charges depending on the severity of harm they cause to the child. California Penal Code Chapter 2, Section 273a outlines the punishments for child endangerment:
Individuals who receive convictions for either misdemeanor or felony child neglect will also face liability in civil claims from the family of the children affected by their actions. Parents found guilty of child endangerment may lose visitation rights to their children or must complete specific rehabilitation courses before visitation can continue. A record of child endangerment can also make it difficult for an offender to secure future employment in the school system, childcare facilities, or businesses that cater to children.
Misdemeanor Attorney in Los Angeles, California
According to the Superior Court of California, misdemeanor crimes all across the state (including in Los Angeles) typically carry with them a maximum punishment of a $1,000 fine and less than one year in county jail. The term itself can actually be used to describe a wide range of different crimes and violations, including but not limited to things like:
Equally complicating things is the presence of “wobbler crimes,” or those that can be prosecuted as either a felony OR a misdemeanor depending on the specifics of the situation. If you or a loved one has been charged with a DUI, for example, it may be treated as a misdemeanor if nobody was harmed by the drunk driver. If any type of damage occurred (either by way of injury to another person or property damage), however, it could be upgraded to a felony – which often comes with much harsher penalties.
Being charged with a misdemeanor for any reason is a long, complicated and stressful process – but it’s important for you to understand that it is one you should not attempt to go through alone. Only by hiring a misdemeanor lawyer in Los Angeles will you be able to not only guarantee that you get the fair day in court that you are entitled to, but that your case is resolved in the most satisfactory way possible for all parties.
Hurwitz Law Group, Inc can assist you at all points in this process, from the immediate aftermath of your arrest up to and beyond your jury or court trial. Attorney Hurwitz works diligently to protect and preserve the constitutional rights of all clients, including during pretrial and the discovery processes. Attorney Brian Hurwitz will be by your side during arraignment, when the right plea must be entered to make sure the process goes as smoothly as possible and will also explore all options regarding having your record expunged, if possible.
If you’ve been charged with a misdemeanor, you may wonder how serious it is, what consequences are involved, and whether you need legal help.
Misdemeanors never drop off your personal record, so they can seriously affect your ability to find employment. A misdemeanor can result in jail time and fines or community service.
Our LA defense lawyer Brian Hurwitz has experience representing individuals facing misdemeanors. Attorney Hurwitz works with each client personally, fighting for their rights from the investigation process all the way through the court proceedings. If you’re facing a misdemeanor, call the best defense attorney in Los Angeles: attorney Brian Hurwitz.
In the state of California, the term “misdemeanor” can refer to a variety of small crimes. Some examples of things considered misdemeanors in California include:
However, sometimes, a crime can be categorized as either a misdemeanor charge or a felony charge. This often depends on the situation of the crime, the damage incurred, and the intention. Misdemeanors that may categorized as felonies based on the situation are called “wobblers.”
Some misdemeanors that can be classified as felonies include:
Your representation in court is crucial to ensure your result is achieved. For example, in child endangerment, it is important to prove that your intentions were not to harm your child in order to have a great case resolution. If you are accused of drug possession, but had no knowledge of the drugs prior to your accusation and believe they were left on your property by a friend or roommate, credibly stating that in court is critical to clear your name.
If you are not guilty of your misdemeanor, it’s important to have an experienced Los Angeles defense attorney on your side. A misdemeanor conviction could result in jail time, fines, and other consequences.
If you are guilty of the misdemeanor with which you are charged, you should still contact a California defense attorney. Representing your case poorly could result in longer jail time and more fines, as well as affect your child custody rights or (for students) your ability to apply for a student loan.
If you’re facing a misdemeanor charge, it’s important to ensure you have the best representation possible in court. At Hurwitz Law Group, Inc we take pride in being the best criminal defense attorney in Los Angeles. Call our LA defense lawyer, Attorney Brian Hurwitz, for experienced representation. Hurwitz Law Group, Inc has represented many misdemeanor cases in the past, and can give you the guidance you need during the stressful legal process to move forward with your life after a misdemeanor case has been filed against you.
From before you are even arrested and all the way until the conclusion of your case, our LA defense lawyer will be by your side to support you and fight for your rights.
Hurwitz Law believes that a misdemeanor charge in Los Angeles or the surrounding areas doesn’t have to ruin the rest of your life – at least, not if you’ve got the right misdemeanor lawyer by your side. Not only does everyone deserve their fair day in court, but even more so—individuals are innocent until proven guilty – no matter what.
To learn more about the services offered by Hurwitz Law Group, Inc a misdemeanor law firm in Los Angeles, or to discuss the specifics of your legal situation with a legal professional in more detail, don’t delay – contact Hurwitz Law Group, Inc today at (323) 310-9677 and request your free consultation.
Los Angeles Assault Lawyer
Los Angeles, The City of Angels, is one of the most populated and dense places in the California area. People of all races flock here to enjoy, celebrate, and experience the life the city can offer. But beyond the mystifying charisma and appeal of Los Angeles, this city has one of the highest numbers of assault and battery cases. An assault and battery case can send you to jail and stay there for six months to serve time. Harsher penalties are longer jail time, fines, or both.
So, if you are charged or convicted with an assault and battery case, call our assault and battery lawyers here in Hurwitz Law Group. Our experienced criminal defense attorney can guide you by giving you legal advice and representing you on your behalf.
Having no battery lawyer while facing charges is difficult for you, but you also cannot defend yourself since there are rules that need to be followed.
With the help of our Los Angeles assault lawyer, you can learn about your case more. We can mitigate the jail time and fines. Pick up the phone now and call us at (323) 310-9677 or book an appointment for a free initial consultation.
According to the California Penal Code §240, the California Assault Law, also known as the Simple Assault Law, an assault is committed if someone forcefully and unlawfully attempted to hurt someone. A violent crime like this can fall into either a misdemeanor or felony. If the victim filed a civil lawsuit and proven that you caused serious bodily injury to them, a conviction gives you a six-month jail time and a fine.
It would be different if the assault were committed on children, law enforcement, and government establishments. The punishments are way more unforgiving than a six-month jail time.
On top of that, the assault victims and law enforcement should verify that you can commit such an act. That means you have no history of any underlying medical, physical, mental, and psychological conditions that may cause you to act like this.
Many people are commonly confused about the difference between assault and battery. They are not mutually exclusive, but they are related to each other. You cannot separate them because these violent tendencies are commonly done altogether.
An assault is an attempt to injure someone forcefully. However, a battery is a willful act of hurting someone by doing it directly. Not just attempting but touching someone forcefully that may cause harm. Physical harm such as punching, hitting with a weapon, or any act that causes bodily injury is considered a battery.
Violent crimes such as battery and assault cases are hard to defend in criminal court. Especially battery, because any injury you inflicted on the victim is vital evidence to strengthen the charge. You are extending your jail time and stretching your financial penalties longer as a result. However, though it is difficult, there are ways you can defend yourself through your battery attorney.
You were defending yourself or someone else. If you are under attack from an imminent threat, and you reacted, as a form of self-defense, offensively at the aid of your safety, you can be acquitted. For example, a drunk man is pushing you, causing a commotion, and initiating forceful contact, then he charges and attacks you. This is a probable cause for you to defend yourself or others around you at that time. Because if the guy did not attack you, it would be a different story then.
You did not act willfully. This is more prevalent in heavily populated areas. For example, your friend pushed you on the stairs in a building staircase. Being unaware of your friend’s intentions, you were taken aback and caused someone to fall at the stair platform and caused injuries. The one at fault should not be you but your friend who pushed you.
False accusations. Though it can be quickly filed, assault and battery charges are highly technical. Some grounds and elements need to be met so that the defender would not be falsely accused. Though they are not assaulted or battered, some people resort to filing personal injury cases because they seek revenge and want the other person to suffer, maybe because they are mentally or physically absent.
You don’t have the present ability to do it: Being far away or having any physical limitations can be a case that you do not have the current ability to commit battery and assault charges. The assumption that someone will hit you is not valid for a battery and assault case.
There are different penalties and punishments cited by the law for convicted people of an assault case. The legal penalties for an assault conviction are as follows:
The California Penal Code Section 240 states that an assault is a misdemeanor offense punishable by up to six months in jail and court fines. The convicted might also be required to attend an anger management class and other medical and psychological treatment.
An assault committed against Peace and Public Officers is different from civilians. These people also include the immediate families of the public officers. There is a three-strike rule if you are convicted of an assault case against a public officer. But a felony can land you at least three years in jail, a 10,000-dollar fine, or both.
An aggravated assault is almost the same as a simple assault, but it has heavier punishment and fines. An aggravated assault is committed if there is a deadly weapon involved, such as guns or any other instrument that may cause harmful and serious bodily injuries towards a person. Some of the punishments you might face in an aggravated assault are up to 4 years in jail, a $10,000 fine, or both.
There are automatic felony charges towards assault if you point a gun at a person loaded with bullets. This is a quick decider of a 9-year sentence plus other hefty fines associated with the act.
To be convicted, the prosecution must prove that you are, indeed, committing assault against any person. Some elements need to be checked out for you to be convicted. One element left unchecked by the prosecutors may give you the upper hand in winning the case.
Direct act. The first thing the prosecution needs to do is prove that you act on your own and are not driven by others.
Willful Act. It is considered a willful act if you are the one who initiated and demonstrated an unlawful attempt to hurt someone. It does not matter if there are no injuries sustained; the prosecution needs to prove that the intention behind your actions is to harm someone deliberately.
Present Ability in the Situation. If the prosecution proved that you were capable and had the present ability to assault someone, then you can be convicted. But you might ask, how? Present ability means that the limitations are slim and non-existent at the time when the assault is committed. For example, you and your spouse are at the same house when you attempted to point the gun at them, or you are at the car and other similar situations. These are substantial pieces of evidence that can prove your guilt.
Hurwitz Law Group is the top criminal defense law firm in Los Angeles, California. The outstanding performance of our law firm reflects our passion for helping our clients. Our criminal defense attorney earns the Super Lawyer Rising Star four years in a row (2018-present) and National Trial Lawyers from 2017 to the present. Our experienced trial attorney can help you face a personal injury lawsuit by creating great defenses for your case.
We will evaluate the evidence, talk about the strategy we can work on to alleviate and mitigate the sentence on your case, and eventually be acquitted.
Call our Los Angeles Office Now and avail of our free consultation.
Los Angeles has one of the harshest punishments in California, especially for assault and battery cases. But, how much does an assault battery lawyer cost?
The legal pricing depends on the charges made against you and if it is a felony or misdemeanor. It can be per hour or on a contingency basis; most of the time, it is the latter. In Hurwitz Law Group, we practice the latter too. The reason for that is that we want our clients to feel confident that we can win their cases. So, if we were able to recover financial compensation because we won the case, that is where we will get our fee.
When you are charged with an assault when you were just defending yourself, most likely, you will be dismissed. Defending yourself in a Los Angeles assault charge is a valid reason for you to get acquitted, especially if your life is on the line. A defensive stance is an appropriate act of asserting yourself that you should not be harmed. A person attempting to attack or harm you is the one at fault and not you. A battery lawyer can help you fight for your rights and file a civil lawsuit against the other party.
Yes, you will be charged. According to California Vehicle Code 23110, you can also be charged with a misdemeanor for throwing an object on the roadway. With that, throwing a thing at someone is punishable under California Penal Code Section 240.
Yes, but it depends on the situation. Suppose you pointed the gun or another firearm at a person, and it is unloaded. In that case, your assault and battery lawyer can contest the prosecution that you don’t have the ability to do so since you don’t have the intent to harm them. But, still, it is terrible to point someone even with an unloaded gun.
However, if you use the gun or firearm to beat the other person, you used it to hammer them, you can still be charged assault with a deadly weapon under California Penal Code Section 245.
You will also have to pay for the medical expenses and other financial penalties to the alleged victim.
Yes. If the prosecutor can prove that you committed assault through the pieces of evidence, the law will strike its hands to your punishment. It does not matter if they are your spouse, as it will also be linked to a spousal battery under California Penal Code 243. Also, this can be a case of domestic violence charge.
If you are involved in a Los Angeles assault case, our assault and battery lawyer can guide and help you throughout the trial. We will fight for your right and get your life back by mitigating and getting the right strategy to defend your Los Angeles Assault case.
Call our assault and battery lawyer here in Hurwitz Law Group at (323) 310-9677 and book a free consultation.
Los Angeles Burglary Attorney
Burglary charges are severe and tantamounts to at least one year in a county jail up to six years in California state prison. The restriction of your liability for something you did not do or intend to do is a serious matter that requires effective legal representation. A wrongful burglary conviction not only damages your integrity, but it may result in perpetual disqualification to privileges that you ought to receive if you were not found guilty of a felony you didn’t commit.
Regardless of whether it is a commercial burglary or residential burglary charge, you have to know how to defend yourself in court. Mere words cannot just prove your innocence or wrongful conviction, and it requires experience in handling cases of the same nature and knowledge of the latest provisions of law. These are the reasons why the constitution upholds your right to counsel in all cases.
At Hurwitz Law Group, we render legal services based on integrity, ethics, and compassion. We are a criminal defense law firm based in Los Angeles. Our criminal defense lawyers are equipped with the skills, experience, and knowledge of preparing pleadings and the pieces of evidence to defend the rights of persons who are wrongfully accused or convicted. We provide an attorney-client relationship based on the principles of legal ethics, and we prioritize the interests of our clients and their welfare.
The California Penal Code section 459 or the California Burglary Law provides for the laws regarding burglary, its definition, and its penalties if found guilty. There are significant distinctions between burglary and other crimes, and these distinctions exist based on the circumstances of your burglary case. Burglary is not an all-encompassing crime. It is not the same for all acts of entering the premises of a commercial establishment or residential place with the specific intent of committing a crime.
Burglary charges may require strong evidence to warrant a burglary conviction. Once a Los Angeles county prosecutor established all the elements of a burglary crime. It could be hard for people wrongfully charged for deviating from their liability, whether they are guilty or not.
At Hurwitz Law Group, our team of criminal defense attorneys will guide you through the process of defending yourself and restoring your rights. Our extensive knowledge of the California Penal Code section 459 and our years of experience defending persons charged with burglary give us an edge in criminal defense representation. Learn more about California’s Burglary Laws by giving us a call.
California Penal Code section 459 provides for the legal definition of burglary. It is defined as the act of entering any residential or commercial premises with the “intent to commit grand or petit larceny or felony is guilty of burglary.” The definition of burglary in section 459 may be complex. This requires a better understanding of the other related provisions to understand the concept of a burglary charge fully.
A careful reading of the California Penal Code section 459 up to 464 will give you the other circumstances defined by law constituting the different degrees of burglary. We have further discussed the different types of burglary charges and burglary crimes below. For further questions and clarifications, you may contact us at Hurwitz Law Group for a free consultation and in-depth discussion of your case.
There are two types of burglary crime charges. A burglary charge can either be a first-degree or second-degree burglary.
First-Degree Burglary
A person commits first-degree burglary or residential burglary if such was done in the following places that are inhabited:
Under the California penal code, a place is inhabited if meant for dwelling, regardless of whether it is currently occupied. First-degree burglary is charged as a felony.
Second-Degree Burglary
The second degree of burglary is committed upon places used for commercial purposes and not for dwelling. Thus, if the house, vessel, trailer coach, or building is not meant for dwelling and used for commercial transactions, it is second-degree burglary, otherwise known as commercial burglary.
Commercial burglary is charged as a felony or misdemeanor depending on the circumstances of the case.
The California Penal Code section 464 provides the felony charged on cracking a safe open. Safe Cracking is when a person enters a building and attempts or opens a vault, safe, or other secure places. The building may or may not have occupants or inhabitants at the time of entry, and the law does not provide any distinction as to when the safe Cracking was done.
However, the law specifically provides that such act of opening a safe, vault, or secure place should be done through the use of a device that burns or explodes.
Commercial burglary is when a person enters the premises of a building or any other place that is not meant for dwelling. Examples of these are warehouses, offices, shops, and restaurants, among many others.
The California Penal Code section 484 describes theft crime as when a person steals, takes, carries, leads, or drives away the personal property of another. The determination of whether such an act is merely petty or a grand theft depends on the value of the property stolen. Such value is determined based on the fair market value of the same properties.
Thus, when a person enters the premises of a commercial establishment with intent to commit a felony and steals, takes, carries, leads or drivers away personal property placed inside the commercial establishment, that is commercial burglary and petty theft.
California Penal Code section 466 provides that the mere possession of the following constitutes misdemeanor:
Such possession should be coupled with the intent to feloniously “break or enter into any building, railroad car, aircraft, or vessel, trailer coach, or vehicle” as specifically provided by Section 466.
Section 461 of the California Law provides penalties for burglary in Los Angeles.
For First-degree burglary, the punishment is imprisonment in state prison from two up to as many as six years.
For Second-degree burglary, the penalty is imprisonment in the Los Angeles county jail for not more than one year.
The length of imprisonment can also be determined based on subdivision (h) of Section 1170, which provides for penalties for repeat offenders.
Being charged with burglary requires extensive effort in convincing the court or jury of your innocence. Fortunately, as part of a person’s constitutional rights, there is a presumption of innocence on the part of the accused. These are the available legal defenses for those charged with burglary:
At Hurwitz Law Group, we prioritize the interests of our clients. We strive to obtain the best possible judgment for those wrongfully charged with burglary. Whether you are at the wrong place at the wrong time or a victim of coercion from the authorities, we will defend your rights.
Hurwitz Law is experienced in criminal defense cases, covering various criminal charges, including first or second-degree burglary.
Yes, when a person commits shoplifting, as long as they enter the premises of a commercial establishment with intent to commit a crime, the felony of burglary exists.
It is best to consult with a Los Angeles criminal defense attorney for legal advice. A burglary lawyer will inform you of the specific provisions of law, direct you towards an effective action plan, and present pieces of evidence to prove your innocence.
The mere act of breaking and entering residential or commercial premises does not automatically mean there is burglary. There needs to be a specific intent to commit a felony, as provided by the California Penal Code.
A Los Angeles burglary lawyer is equipped with the skills, knowledge, and experience of handling burglary cases. Such a lawyer knows the intricacies of the California Penal Code and will advance your interests in the court of law.
A Los Angeles Burglary attorney will help you in all the stages of the proceedings. From alleging your defenses, presenting pieces of evidence, and securing a favorable ruling, a Los Angeles burglary attorney will be there for you. Because of the severity of the penalties imposed on burglary charges, the experience and knowledge of criminal defense lawyers will be of great help.
Our lawyers at Hurwitz Law Group are always available to assist you. Call us now at (323) 310-9677 for a free consultation.
Car accidents are all too common these days, and when one happens to you, the days ahead can become stressful and overwhelming. While you’ll need to concentrate on your healing, you also know that filing an insurance claim will be essential to recoup medical expenses, pay for property damage, and more. However, instead of attempting to take all of this on yourself, you can find relief by pursuing legal advice and representation from an experienced car accident attorney.
With so much involved in the aftermath of a car accident, your claim needs specialized attention. Insurance companies will attempt to limit or deny your car accident claim, which can be detrimental to you and your family.
Contact a Beverly Hills accident lawyer with Hurwitz Law Group to review your case, explain the legal process, and discuss strategies for obtaining the compensation you deserve.
With legal representation by a car accident attorney with Hurwitz Law Group, you will receive the personalized attention you deserve. While no one can guarantee the actual outcome of your case, we will do everything we can to obtain the maximum compensation and provide you with the best legal representation possible.
The legal process requires several steps before a satisfactory resolution can be reached. We take each step seriously, dedicating enough time and resources to be thorough and confident going forward. These required steps include:
You can expect the dedicated car accident attorneys with Hurwitz Law Group to treat you with the respect you deserve and provide you with personalized attention as we navigate the steps of your case and build a strong case on your behalf.
Car accidents are often unavoidable. You can follow all the known safety precautions yet still find yourself involved in an accident and become injured. Common causes for these crashes include distracted driving, reckless driving, drunk driving, car malfunctions, weather conditions, and dangerous road conditions beyond your control.
Various agencies compile data and statistics on car accidents in California. Three of these are as follows.
Various factors can contribute to a Beverly Hills car crash, and the type of accident that occurs can vary depending on the location of your vehicle and the surrounding circumstances. The common car accident types in Beverly Hills include:
Head-on collisions occur when vehicles traveling in opposite directions collide. When high speeds are involved, severe injuries and fatalities can result. These types of collisions are often attributed to driver error, including crossing the dividing line or median, driving in the wrong direction on the street, being distracted, or driving while under the influence of alcohol or drugs.
Sideswipe accidents occur when one car comes into contact with the side of another vehicle, such as when changing lanes suddenly or drifting over due to distracted driving or drowsiness. The two cars may be traveling in the same or opposite directions at the time. In 2022, 13% of accidents in California were sideswiped.
Rollover accidents are dangerous and can lead to catastrophic and even fatal injuries, such as head trauma or spinal cord damage. Factors that can cause a rollover include vehicle defects, road hazards, and attempts to avoid hitting another vehicle or object.
Side impact or T-Bone accidents happen when one vehicle crashes into the side of another vehicle. Such crashes, referred to as angle collisions by the National Safety Council, account for approximately half of all accident deaths annually. Failure to yield the right of way, such as at a stop sign, is the most common cause of this type of accident.
Rear-end collisions are common and usually occur at lower speeds. Still, these accidents can result in property damage and personal injuries. The driver in the rear is often at fault due to the failure to leave adequate stopping distance between them and the car in front. Both mild and serious injuries can result.
Determining liability in a car accident is a crucial component of your personal injury claim and will play a major role in how your case proceeds. Several factors may contribute to an auto accident, and more than one party may be found negligent or at fault, making car accident cases that much more complicated.
Your legal team will review all factors and evidence surrounding the accident to determine liability, including photos from the accident scene, witness statements, police reports, and more. To bolster your defense, an accident reconstructionist may be brought in to provide further evidence of how the crash happened and which party or parties are at fault.
Your Beverly Hills accident lawyer will examine these factors surrounding your case and identify the responsible party or parties, presenting evidence to prove this before the insurance companies and the court, if required.
However, it is important to note that California is a comparative fault state, meaning that even if you are partially responsible for an accident, you can still recover damages. Working within the defined parameters of California law, liability will be divided up among the responsible parties and directly affect the amount of financial compensation you can receive as a result of your injuries and property damage.
If you experience an injury in a car accident, seek medical help as soon as you are able. Even if you are showing no outward signs of injury, it is better to be sure. The impact experienced in a car accident can be severe and cause internal damage, although you may not feel initial discomfort or pain immediately following the accident.
Seeking a medical examination ensures you put your health and well-being first. It will also start a document trail essential to your personal injury claim.
After initial care, be sure to go to all appointments, treatments, and therapy sessions recommended by your medical team and continue taking any prescription medications. These actions will further show that your injury is real and requires medical attention.
The next step is to seek a free consultation and case evaluation from a reputable Beverly Hills car accident lawyer. Suffering injuries that are severe can result in an inability to return to work and may prevent you from working at all in the future. Medical care and treatment bills can add up quickly and impact your finances now and over the long term. Your personal injury attorney will review all medical documentation and build a strong case to help you receive the compensation you rightfully deserve.
In California law, the documented statute of limitations, or legal deadline for filing personal injury claims, is exactly two years from the date of the accident. Failing to file within this timeframe may result in your inability to make such a claim before the California courts. To protect your rights and meet all legal deadlines, consult a Beverly Hills car accident attorney immediately following the crash.
Motor vehicle accidents can result in devastating consequences for you or a family member and affect you physically, emotionally, psychologically, and financially. Hurwitz Law Group understands the many challenges you face following a car accident with injuries and knows how to calculate damages on your behalf adequately.
The type of damages available to you in your Beverley Hills car accident case include the following.
Car accidents can result in a number of severe injuries, and the resulting medical expenses can negatively impact your finances. These expenses might include emergency care, physician appointments, treatments, therapies, surgeries, and medications. You may also need ongoing care, saddling you with future medical costs.
Our lawyers will seek fair compensation for your past and current medical bills and any future ones.
Injuries sustained in an accident can keep you from returning to work right away. We will calculate lost wages for the time period you are away and include these in your claim. If you are unable to return to the same position or one similar due to your injuries, we will also include loss of earning capacity.
Physical suffering and pain that continues after the accident is also a type of damage to seek in a personal injury claim. While placing a monetary amount on this type of damage is difficult, our car accident attorneys will use specialized calculations based on our extensive experience representing personal injury clients.
Costs associated with damaged property, including your car, can be high, and you may be able to seek compensation for these expenses in your car accident claim.
Also called exemplary damages in California, punitive damages are sought when there is ample proof that your injuries were due to the other driver's conduct, which may be fraud, malice, or oppression, leading to extreme recklessness for intentional harm.
Being involved in a car accident and dealing with insurance company claims in the aftermath can be challenging, especially if you or a family member are still recovering from injuries.
You need an experienced car accident law firm on your side to navigate the legal process and seek the maximum compensation available. Look no further than Hurwitz Law Group. Our experienced Beverly Hills attorneys have the legal knowledge and experience you need and will fight for your rights.
Schedule a free consultation by calling (323) 776-1765 today.
