Michele Ferroni Pasadena Criminal Attorney Law Firm

Sexual battery or assault charges result from unsolicited touching of another person's intimate parts for abuse, arousal, or sexual gratification. This crime is a wobbler, meaning that you can be convicted as a misdemeanor or a felony. A misdemeanor charge includes a maximum jail sentence of one year and a maximum fine of $3,000. A felony charge attracts imprisonment for four years and a maximum fine of $10,000.

In California, driving while under the influence (DUI) of drugs or alcohol with a BAC ( blood alcohol concentration) of 0.08% or more can get a motorist in trouble. You can be under the influence if you are significantly impaired by alcohol, drugs, or both.

California also maintains a zero-tolerance law prohibiting underage motorists (anyone below 21 years) from driving with a blood alcohol concentration of 0.01% or more.

The maximum and minimum jail time or prison time for a California DUI conviction depends on your prior convictions. Typically, a first offense attracts a total jail time of 6 months and a fine that ranges between $390 to $1,000. A second offense attracts a jail time of 96 hours to one year and a fine that ranges between $390 to $1,000. Finally, a third offense attracts a maximum jail time of 1 year and a maximum fine of $1,800.

Apart from the sentences indicated above, the court and the DMV can suspend your California driver's license. The duration of suspension depends on whether it's your first, second, or third offense. The suspension period for a first offense is six months, two years for a second offense, and three years for a third offense.

If your DUI charges become felonies if there are aggravating factors. The most common DUI felony charges include having three prior DUI convictions within the last ten years and causing death or injuries.

We will help you throughout your California DUI charges to reduce your charges or have them dismissed. A plea bargain would be the best option when it comes to lowering your charges since it provides a lesser crime like wet recklessness that carries up to 90 days in jail or a fine ranging between $145 to $ 1,000. These penalties are way less than the actual sentence for the DUI you're facing.

Being arrested or detained can be a terrifying experience, especially for young people who have never dealt with the legal system before. The juvenile court system is responsible for handling offenders who are under the age of 18, with the primary objective being rehabilitation rather than punishment. If a minor is found guilty of the crimes they are accused of, the juvenile court can order them to be detained in one of the juvenile justice facilities. These facilities, known as Division of Juvenile Justice (DJJ) facilities, adhere to rigid and strict rules similar to those in adult jails and prisons.

It is crucial to seek legal assistance for your child as they navigate through the juvenile court system. At Michele Ferroni Pasadena Criminal Attorney Law Firm, we offer professional legal advice and counsel to ensure the best possible outcome for your child's case. Our team of Pasadena attorneys is dedicated to helping you fight juvenile delinquency charges.

Understanding the Division of Juvenile Justice System

The DJJ, which is a division of the California Department of Corrections and Rehabilitation, specializes in providing training, care, and education to young individuals who have been found guilty of significant California crimes. Juvenile crimes often range in severity and sophistication. In contrast to adult courts, where a jury deliberates on the matter and renders a verdict, the judge determines juvenile dispositions.

Most juvenile dispositions are geared toward helping young offenders learn from their mistakes and become productive members of the community. Dispositions for juvenile offenders are handed down during disposition hearings and can range from mild to severe, depending on the nature of the charges and the child's prior criminal record. Detention centers run by the Division of Juvenile Justice usually accommodate serious juvenile perpetrators.

DJJ facilities are secure correctional and rehabilitation establishments that can have the same effect on your minor as adult detention centers. Although the DJJ centers are designed to accommodate people under the age of 18, a minor could get rehabilitation up until the age of 25. For juvenile perpetrators, there are a variety of disposition alternatives, such as probation, placement in a foster home, and delayed entry of judgment. A child's juvenile delinquency case doesn't need to end up in DJJ detention. Your child might receive several less detrimental dispositions with the help of an experienced criminal defense attorney.

Identification of needs, allowing for growth and behavior change, and identification of conditions are the key objectives of placing juveniles in DJJ. These objectives are met through counseling, therapy, and training, all of which are geared toward motivating the minor to lead a better life, make better decisions, and assure community safety.

There are various situations in which a juvenile could be referred to the DJJ:

1. The juvenile court commits a minor. The most severe outcome of a sustained California juvenile petition is a commitment to the DJJ unless a minor is sent to an adult court.
2. If an underage person faces trial in an adult court, they will be held at a facility run by the Department of Juvenile Justice.

Although a minor is prosecuted as a legal adult and given a prison sentence, the judge orders that the minor be placed in the DJJ. In most cases, juvenile perpetrators are only allowed to stay in these establishments until they turn 18 if they have been accused and found guilty in an adult court. The court can order that the minor remain in the DJJ facility if the sentence is scheduled to be completed by the time the defendant turns 25 years old.

A Minor's Life in DJJ

The DJJ's commitment policies are strict and lengthy. When a juvenile's case is upheld and the judge orders your minor to be held in a DJJ detention facility, they will receive counseling, intensive care, and training. When an underage individual enters the DJJ facility, they'll go through an evaluation to decide which program best fits their rehabilitation demands.

The following are a few of the significant factors to consider in making this choice:

1. Age of the minor. A 12-year-old offender cannot take part in the same programs as an offender who is 17 years old because the DJJ facility  accommodates children between the ages of twelve and seventeen.
2. The minor's educational requirements.
3. The maturity of the child.
4. Treatment needs and risks for the minor.
5. The severity of their offense and the context in which it occurred.

All juveniles housed at the DJJ are required to attend school. A minor could be obliged to enroll in vocational training and college programs after graduating from high school. The juvenile could be eligible for a paying employment opportunity during their time in DJJ custody in areas such as food preparation and landscaping.

In addition to the regular activities provided in these establishments, minors often take part in specialized programs that cater to their specific needs, such as:

1. Sexual behavior therapy—this type of treatment could be necessary for minors who have been sent to the DJJ for sexual-related crimes such as sodomy or rape.
2. Drug rehabilitation—teenagers who use drugs and other illicit substances often turn to crime. A person who is intoxicated might not be able to understand the implications of their conduct and end up in a DJJ facility for committing a crime. Your child might receive drug counseling and treatment sessions if they have a record of abusing drugs or any drug-related crimes.
3. Victim awareness campaigns—the severity of juvenile crimes vary. While certain violations are considered minor offenses, a minor could end up facing charges of murder, assault, or other serious crimes. A victim awareness program could be necessary if your minor is being held in a DJJ facility for a crime that caused the death or harm to another individual.
4. Anger management program.
5. Mental health care.

Qualifications for a Division of Juvenile Justice (DJJ) Facility Commitment

The DJJ usually accepts individuals aged between 12 and 25 years. As soon as an underage person in DJJ turns 18, they are sent to an adult court, unless they have not finished their treatment, educational, or counseling programs. However, many juvenile offenders get discharged from the DJJ correctional facility after two years.

In some cases, young defendants are required to serve their whole term at the DJJ, which can last even after turning 25 years old. It is crucial to note that the DJJ exclusively accommodates challenging minors. This system does not admit children who are disruptive or truant.

The following situations could hinder your child from being admitted to DJJ establishments:

1. The child risks being convicted of a violent crime that carries a lifelong sentence or a term that lasts past the offender's fifteenth birthday.
2. The juvenile risks being found guilty of a direct-file offense.
3. The minor is found guilty of a serious crime that took place while they were at least sixteen years old.

If your child is a court-appointed ward minor and is convicted of a WIC 707b violation or a sex crime, the judge will often order that your child be placed in a DJJ center.

The following are a few examples of common violations that could result in a Division of Juvenile Justice Center detention:

• Robbery

Robbery among minors is common. Unfortunately, they are unaware of the seriousness of the repercussions that come with this crime. Robbery is defined by California PC 211 as taking another individual's property while they are present and using violence or force. A child could be arrested and charged with robbery in juvenile court if they enter another person's property to steal their belongings by causing fear or harm.

A judge may send a minor who has been charged with robbery in a juvenile court to a detention facility run by the DJJ if the juvenile case is successful. You shouldn't take the issue lightly if your minor is charged with robbery. After finding out about their arrest, your first move should be to seek legal counsel.

• Arson

Arson is considered a serious crime under California law since it can cause significant property damage and even death. This offense is defined under PC 415 as the malicious and intentional burning of property, structures, or other objects. At the sentencing hearing, the prosecutor has to demonstrate that the juvenile intentionally set fire to the building or other property.

Even something as basic as burning a piece of firewood could result in arson charges. The juvenile can be included in the DJJ system if the judge upholds the motion for arson. Furthermore, your child will have to be registered as an arsonist.

• Rape

This offense occurs when someone forces another individual into having unwanted sexual intercourse using coercion, deception, or threats. Sex-related crimes are viewed as offenses of the highest moral level. Therefore, the most stringent type of punishment available under the juvenile justice system—incarceration in a DJJ detention facility—will be issued if a juvenile case for rape charges is sustained. Juveniles frequently commit rape against other younger minors.

The prosecution has to demonstrate the following during the disposition hearing in juvenile court:

1. The minor engaged in sexual activity with another individual.
2. The sexual activity was not consensual.
3. The act was carried out by the minor using violence, force, or threats of causing bodily harm.

The court can uphold the juvenile motion and place the minor in DJJ detention if all the necessary elements are demonstrated beyond any reasonable doubt. Furthermore, a sustained juvenile rape petition could result in a lifetime registration as a sex offender.

• Murder

Minors accused of murder usually appear before adult courts, where they run the risk of being found guilty and serving time behind bars. In some cases, a juvenile can be prosecuted and convicted in an adult court yet be incarcerated in a DJJ institution until the age of 18.

Duration of Detention in a DJJ Facility

The court determines a maximum period that the minor has to remain in the detention facility before the magistrate grants a request to place the youngster in a DJJ center. A juvenile cannot serve a longer time in a DJJ facility than a person of legal age serving a similar sentence in prison or jail, according to California law. The magistrate will take the juvenile's criminal history and the gravity of the crimes into account when determining the duration of the minor's detention.

If the minor is sentenced to the DJJ system for a crime that is not covered under WIC 707b, they would probably be freed after 2 years or when they turn 21 years old. If the juvenile was indicted for a felony for a robbery, murder, or rape, you could expect them to be discharged when they reach the age of 21 or after serving 2 years in prison. Minors who perpetrate offenses that would carry a term of over 7 years will be held in the DJJ facility until they attain the age of 25 or two years later, whichever comes first.

A juvenile can be sentenced to parole by The Board of Juvenile Hearings (BJH) after having been discharged from DJJ custody. All of the following fall under the BJH's discretion:

1. Monitoring the juvenile.
2. Preparing annual evaluations.
3. Conducting release hearings.
4. Run the DJJ probation proceedings.

The BJH will look into the matter and set a date for considering parole 45 days after the individual in question has served time in a DJJ facility. Every year, while your minor is housed at DJJ, the BJH will evaluate the case to see if the current court orders need to be changed.

California's Alternative Juvenile Dispositions

Aside from DJJ confinement, the court can order a minor to serve one of the various juvenile dispositions following a sustained juvenile case. The court will decide on the best route to take for the juvenile's case depending on the facts during the hearing, which comes after the trial.

Some of the non-JJ disposition alternatives include:

Detention in Adult Detention Centers

California law treats juvenile offenders differently than it treats adult offenders. The worst possible outcome for your minor after a successful petition for a juvenile court hearing is detention at a DJJ facility. However, there are several circumstances in which your minor can be charged as an adult and found guilty.

The juvenile court could try to send an individual between the ages of fourteen and seventeen who has committed a major felony crime to an adult court. Before your minor is charged with a California crime as an adult, the court would hold a fitness hearing to determine his or her suitability. The purpose of a fitness hearing is to ascertain whether a child will gain from the options available in the juvenile justice system.

Before approving a minor's transfer to adult court, the magistrate frequently takes the following factors into account:

• The level of sophistication the young offender displayed while committing the offense.
• The minor's criminal record.
• Whether a minor can be rehabilitated for their crimes before the juvenile court's authority expires.
• The results of prior rehabilitative attempts.
• The gravity of the purported crimes.

If the minor is a repeat offender fighting serious felony charges, he or she could be charged in an adult court. If found guilty of the offense at trial, a minor will be sentenced to jail time and pay hefty fines.

Formal Probation Sentence at Home or Camp

Your child could face a formal probation sentence if the juvenile justice system decides to make them the court's ward. Minors have the option of completing their formal probation in a camp or at home.

The major reason for placing juveniles in camps is to:

• Reintegrate the minor back into society.
• Prepare for the child's reunion with their loved ones.
• Encourage the growth of the child's social and behavioral skills.

At a probation camp, your child receives training in mental health, therapy, and educational programs. Depending on the specifics of the juvenile's case, placement in a probation camp could last for between three and six months.

If the juvenile court decides that your residence setting is beneficial to the minor's rehabilitation, the juvenile could be obligated to complete their probation term at home.

A juvenile offender is required to adhere to the following probation requirements:

• Mandatory enrollment in school.
• Community service.
• Curfew restrictions.
• Alcohol and drug rehabilitation.
• Avoid associations with certain individuals.
• Random drug testing.

Informal Probation

Welfare and Institutions Code (WIC) 725 allows for informal probation and diversion programs in cases involving minors where the offense is not considered very serious. When the prosecution presses criminal charges against a minor in juvenile court, the allegations would be put on hold. The minor wouldn't be required to admit responsibility.

This allows the minor another chance to correct their delinquent behavior. The typical terms of juvenile informal probation, which can last for as long as six months, include curfew limits and regular school attendance.

Your child's case could be transferred to probation before the filing of charges under WIC 654. The juvenile's case could be dropped if they successfully finish probation and follow all of the judge's requirements.

Placement in Foster Care

If an appeal filed on behalf of a minor is granted, the court could order appropriate changes to be made to the child's environment. In some cases, the judge would order that your child be taken away from your residence and transferred to foster care.

Foster care placement could be suitable in the following situations:

• You are unable to meet the child's educational and maintenance needs.
• Your minor has a habit of constantly missing school.
• Your household setting is not favorable to the minor's rehabilitation, and their well-being will compel their relocation.

Your minor would be placed in a foster home, group home, or with suitable members of an extended family, depending on the probation officer's evaluation.

Deferred Entry of Judgment

This is another sentence option that a minor can receive following a sustained California juvenile petition. The DEJ demands that the juvenile acknowledge their guilt in the charges and complete the deferred entry of the judgment program in exchange for the allegations being dismissed. DEJ is often limited to a period of one year, and it applies to first-time defendants facing accusations for less serious crimes.

If a minor faces incarceration in DJJ, a qualified criminal lawyer can help navigate the minor through the proceedings to obtain a less serious outcome.

Juvenile Appeal

A juvenile delinquent, like an adult perpetrator, has the right to appeal the decision of a juvenile court. Detention in a DJJ facility can be emotionally draining for your child. Spending time with family is essential for a child's healthy growth and development. If you're unhappy with the ruling of the court regarding placing your minor in a DJJ facility, your minor could file an appeal. Appeals for juvenile lawsuits tend to focus on legal errors made by prosecutors, dissatisfaction with the case's result, or a disregard for the rights of the juvenile in the proceedings.

The following rights apply to minors during arrests and other procedures leading to detention in the DJJ correctional facility:

• A right to be apprehended only when there's probable cause to do so.
• A right to know what they were charged with after being arrested.
• The right to legal counsel.
• They are entitled to have their allegations established beyond any reasonable doubt before being sentenced to a DJJ facility.

An appeal of the court's verdict regarding placing the juvenile in DJJ could be possible if one of the rights were violated. When challenging a California juvenile case, the juvenile is required to submit a notice appealing the petition within 60 days of the court's order.

When additional proof in your minor's favor is discovered, your child's lawyer could encourage you to file an appeal. If your appeal prevails, the court could choose to reverse the DJJ disposition and issue a lesser sentence, such as probation or delayed judgment. If you find more proof that proves the minor wasn't guilty of the claimed acts, the charges could be withdrawn.

Find a Criminal Defense Lawyer Near Me

A sustained petition in juvenile court can have serious implications, including confinement by the Division of Juvenile Justice (DJJ). Although the juvenile justice system is typically more lenient than the adult court system, the consequences can still be significant. If your child has been arrested, it is crucial to consult with an experienced criminal defense lawyer as soon as possible.

At Michele Ferroni Pasadena Criminal Attorney Law Firm, we understand the distressing nature of having thoughts about your child being arrested as a minor and potentially facing a life-altering sentence, such as being placed at a DJJ facility. Our team of experienced lawyers is dedicated to providing the necessary legal counsel and representation for minors facing juvenile court cases in Pasadena, CA. If you need any assistance, feel free to call us at 626-628-0564.

Domestic violence is a crime intending to harm or threaten to harm an intimate partner. Intimate partners include children, spouses, elderly, former spouses, cohabitants, and fiancé. Domestic violence does not only involve threatening or harming an intimate partner, but it also includes aggressively or rudely touching them even if you don't cause any injuries.

Common types of crime that fall under this category include:

• Domestic battery
• Corporal Injury to a cohabitant or spouse
• Child abuse
• Child endangerment
• Child neglect
• Aggravated trespass
• Elder abuse
• Criminal threat
• Damaging a telephone line

A domestic violence conviction attracts severe penalties that include a maximum of six years in the state prison and a maximum fine of $10,000. A conviction can also go into your criminal record, make you lose custody of your children, and lead to deportation if you are an immigrant.

Our experienced and skilled criminal attorney will highlight crucial facts about your domestic violence allegation, especially when there are chances that they are driven by jealousy when your partner attempts to win custody of your children.

Sexual battery or assault charges result from unsolicited touching of another person's intimate parts for abuse, arousal, or sexual gratification. This crime is a wobbler, meaning that you can be convicted as a misdemeanor or a felony. A misdemeanor charge includes a maximum jail sentence of one year and a maximum fine of $3,000. A felony charge attracts imprisonment for four years and a maximum fine of $10,000.

Gambling has grown in popularity in recent years, not only in California but throughout the entire country. When people play with or against others, several things can happen. Some winners legitimately win, while others win by cheating or otherwise breaking the law to manipulate the gambling results.

Huge winnings from gambling fraud have become common, and that's why anyone who wins could be accused of fraud despite knowing that they won legitimately. If this ever occurs to you, you can get in touch with us at the Michele Ferroni Pasadena Criminal Attorney Law Firm to help defend you.

An Overview of Gambling Fraud Under California Penal Code Section 332

Gaming fraud, often called gambling fraud, is defined under PEN 332 as the fraudulent acquisition of something of value or money from someone else by using any way mentioned below:

• Betting or gambling.
• Card games as well as other tricks used in games, for example, three card monte.
• Pretending to see people's futures.

Contrary to popular belief, California law does not outlaw gambling, although participants are required to abide by a variety of laws and guidelines for bookmarking and gambling under California PEN § 330 & 337.

The use of card tricks, stacked decks, and other such tactics to fool gullible gamblers into gambling is nevertheless prohibited under the law because it is considered gambling fraud. Penalties for this offense range between those specified in PEN 332 PC for petty theft and grand theft.

Under California Penal Code Section 332, gaming fraud and gambling are defined as the fraudulent acquisition of someone else's money or property through gaming as well as games like three-card monte, using hand tricks, a device, and pretending to tell someone their future, or simply by placing bets on the sides or hands of one player, game, or play.

In this context, you can act fraudulently when you are dishonest, deceitful, or lack moral turpitude and integrity in your actions. For an individual to be found guilty of this crime, it must be proven that they won the property or money from someone else using cheating and tricks. The term "property" is used in this context to mean anything of substantial value that scammers can acquire from their victims. This may include poker chips or tokens that have a certain monetary value.

It is evident from this description that anyone, including gamblers, owners of gaming businesses, and players, can be accused of gambling fraud. The practice of manipulating the results of games is common in places that permit gambling, and the players who engage in this behavior are typically the ones that walk away with enormous gains each time they take part in a gaming activity.

Three-Card Game Scams

Many people have fallen victim to this theatrical scam and consequently lost a lot of money to the dealer. To pull off this trick, the fraudster will first strike up a friendly conversation with their victim to establish trust before inviting them to play the game.

Scammers will often let their victims win several times to build their confidence before pulling the trigger on a major fraud once the stakes are raised or the deal becomes more lucrative. Most card game fraudsters are thought to be quite amiable and welcoming, persuading their victims to continue playing even after their money has been lost.

Being around persons who allegedly engage in the three-card game scams might get you in jail, particularly when the victim contacts the authorities.

The Three-Card Monte

This confidence game, also known as Find the Lady, involves deceiving the victims into betting a substantial amount of money under the pretense that they can locate the money card from three face-down cards.

Here, the fraudster will put on a clever and likable front to gain your trust. However, just like in the example game given above, the victim will be given a few opportunities to win, but as soon as he or she lays the largest bet, they will lose the game as well as all of the money that was wagered.

One could be accused of gambling fraud when they take on the role of the dealer's accomplice in the game, seeming to work with the player to defraud the dealer when they are working with the scammer to swindle the victim. The same rules apply to the person who runs these games as well as anyone else suspected of taking part in the fraud.

In California, offenses like gaming fraud can carry exceptionally harsh penalties due to how serious they are. Therefore, defendants are strongly encouraged to familiarize themselves with their legal rights and acquire an understanding of the many legal defenses that may be available to them to keep them from being convicted.

Fortune Telling Fraud

This is a particularly murky area of the law because the same legislation protects the right to speak freely, which is sufficient to defend against fortune-telling charges, at least to some extent.

Fortune telling for monetary benefit is forbidden under California PEN § 332, while it may be tolerated under specific circumstances. It is unlikely that a court would convict a fortune teller for gaming fraud if, for example, he or she practices a form of forecasting permitted by his or her religion. Fortune tellers who predict people's future for entertainment are not also in violation of this law.

However, a state could successfully bring charges against an astrologer or fortune teller for acquiring money or property using gambling fraud if there's inadequate proof that the religion they follow permits such forecasts or if there is proof that their religion doesn't endorse such acts and they are just seeking to defraud innocent individuals.

It is essential to take into consideration the fact that people have been trying to get insight into their futures for many centuries. This is because people have always been curious about what lies in store for them and many are willing to pay large sums of money just to have a forecast into their lives. Even in today's high-tech society, fortune tellers still a lot of money by offering their services to those who need them.

However, due to an increase in psychic frauds occurring not just in California but also across the globe, psychic services must be regulated. Californian cities like Oakland and Berkeley, for instance, do not have any particular regulations governing psychic practices. Other jurisdictions have passed laws that prohibit fortune telling in exchange for payments; in some of these places, the local police force is responsible for ensuring that fortune tellers don't violate these laws.

Other Fraud Crimes Involving Gambling

Fraud in gambling can occur in all games of chance, such as sports betting and online poker, and it is a serious offense that can carry serious consequences. Several offenses fall under this category, including the following:

Match-Fixing, Sports Fixing, or Rigging Matches

Tricks are utilized to enrich scammers while hurting the interests of bookmakers and players, and this is particularly common in games and sports that require players to reach a particular predetermined result.

Collusive gaming

In this scenario, players either utilize poker bots or collude with others to unfairly influence the outcomes of games. Even in settings where the use of poker bots is prohibited, certain players could be able to activate them secretly to generate enormous gains at the cost of other participants.

Betting Frau

Here, the fraudster promises the victim assured profits in exchange for access to valuable details at a certain fee. While this type of fraud has traditionally been associated with horse racing, scammers have begun to apply the strategy to other sporting events as well. A fraudster can approach an unsuspecting player and give them exclusive details or foolproof procedures that they claim will let them make enormous amounts of money from gambling.

Gamblers are being targeted by more sophisticated scammers who sell them guides that purportedly introduce them to the secret world of betting. In other cases, a player will be required to pay a monthly or annual subscription to gain access to insider knowledge.

Gamers and Gambling Companies Who Violate the Legal Framework for Gambling

If it is done to benefit the gaming business or the gambler, leaving certain players to tally up massive losses, the person playing or the owner of the gaming facility could be prosecuted for engaging in fraudulent gambling activity. In California, gambling is subject to stringent regulations.

The law only permits certain kinds of gambling while outlawing others. In addition, some laws and regulations have been put in place, and these must be adhered to. Violators run the risk of being charged with offenses like gambling fraud if they fail to do so.

Online Scammers

Sometimes scammers target those who run illegal online gaming sites in an attempt to collect users' financial and personal data, which they can then use for scams or identity theft

Foreign Lottery Scams

If individuals are required to pay a fee to take part in lotteries or to claim wins from those lotteries, then the activity in question can be construed as a form of gambling fraud. In most instances, the alleged prizes are never genuine, and lottery drawings are nonexistent. However, those who win are typically informed that they were the winners and requested to send in a particular amount of cash, which in the majority of instances is a sizeable amount, to cover taxes or simply expedite the payment process.

Penalties for Gambling Fraud

In the state of California, the consequences for offenses that involve theft are mostly determined by the monetary value of whatever has been obtained from the victim. The same can be said for gambling fraud.

According to the laws of California, you will be charged with a wobbler offense if the amount of money that you steal from another individual is greater than $950. This shows that the prosecuting attorney handling the case has the discretion to decide whether or not you will be charged with a misdemeanor or felony.

However, the offense will be treated as a misdemeanor when the total sum of cash or the value of the assets obtained through gaming fraud is below $950. Under California law, you could be subject to the following penalties if the offense is charged as a felony:

California Felony/Formal Probation

A person who has been found guilty of a felony in California could be eligible for this option instead of incarceration, which permits the individual to serve part or all of their prison term outside of prison while remaining under supervision. Formal probation often has a duration of three to five years.

Once placed on probation, the individual must keep in regular contact with their probation officer. Additionally, the court could require the offender to make reparation payments to the person who was injured and serve some time in jail. The person on probation should also not break any of the rules since the judge has the authority to revoke their probation or sentence them to jail or prison for the longest amount of time allowed by law.

The most common terms of a felony probation term are:

• The defendant must keep all court-mandated appointments with their probation officer. As a general rule, the court will require the accused to check in with their officer once per month.
• Restitution must be paid before the judge approves the formal probation.
• The accused will have to participate in either individual or group counseling.
• They will have to perform community service or some kind of volunteer work.
• Even in the absence of a court warrant, he or she should be willing to comply with the request of a law enforcement officer to search their private property.
• The defendant must promise to avoid contacting and harassing their victim.
• In addition, he or she needs to choose to avoid any further involvement with gangs and gang members.
• If the offender is a repeat offender, he or she is likely to serve some time behind bars.
• Throughout their probation, the defendant is prohibited from committing any crimes.

Serving Time in Jail

State law provides for mandatory minimum sentences of 16 months, 2 years, or 3 years in jail under California's realignment program for those convicted of gambling fraud charged as a felony.

Through participation in this program, individuals who have been found guilty of certain categories of felonies that are regarded as being less serious could be transferred from the prison (the California Department of Corrections) to the local jails. This scheme only applies to less serious offenses; it cannot be used to punish serious offenses like defrauding individuals or businesses of large amounts of money.

Under the realignment program, the defendant faces the possibility of receiving the maximum sentence applicable to his or her offense. As an alternative, the court could sentence you to a set amount of time in prison and then release you from custody to spend the remainder of your sentence under mandatory supervision. This is much like probation.

Fines

If the offender is found guilty for the first time, they could also have to pay a fine that is between $500 and $5,000, depending on the severity of the crime. The fine for repeat offenders and additional offenses will be greater and could reach $10,000.

Below are some potential punishments for someone convicted of misdemeanor gambling fraud:

• An offender faces a minimum of 6 months in jail and a maximum sentence of twelve months when the assessed value of the assets or money obtained unlawfully is above $950.
• A maximum fine of up to $10,000.
• Both the jail sentence and the fine.

Potential Legal Defenses for Gambling Fraud Offenses

While it may not appear like a serious offense at first glance, perpetrating fraud in gambling carries severe repercussions and can result in a lengthy prison sentence. That's why if you find yourself facing charges of gambling fraud, you need to speak with a seasoned criminal defense attorney immediately.

Fortunately, there are some defense arguments that your skilled criminal defense lawyer can apply to obtain a more lenient sentence or even convince the judge to dismiss your case. Among these potential defenses are:

You Had No Intent to Defraud the Victim

As is the case with every other type of fraud offense, the prosecutor is required to present evidence that demonstrates that you had the intent of defrauding your victim out of the asset or sum of money you obtained from them. If it can be proven that you did not have any intention of cheating the plaintiff out of their money, then you can not be found guilty of gambling fraud.

Mistaken Identity

The plaintiff may have falsely accused you of committing the offense when in fact you were not the one who did it. Your case can be dismissed if your lawyer can prove beyond a reasonable doubt that you were not the perpetrator.

You Were Exercising Your Right To Free Speech

Those defendants who fall under the First Amendment's protections under the United States Constitution could assert their case by emphasizing they are entitled to free expression.

The First Amendment guarantees individuals the right to exercise their freedom of religion, assembly, and expression, in addition to the ability to petition the government. In such circumstances, the United States Congress cannot favor one religion over another or forbid citizens to engage in particular religious activities.

When Advertising Your Services, You Made It Clear To Potential Customers That They Were Only For Entertainment

Astrology, foretelling, and fortune telling are only permitted if the clients do so only for fun. However, there are several notable exceptions to this rule, such as the scenario in which the fortune teller or astrologer makes a significant amount of money from their services.

Offenses Related to Gambling Fraud

Several crimes are related to or similar to gaming fraud:

California Penal Code 487: Grand Theft

All theft crimes that do not meet the criteria for petty theft fall under this category of crime. If the crime results in losses of over $950, for example, or if an object taken is of considerable value, such as a vehicle or jewelry, or when the item taken was snatched from its rightful owner, the individual could be prosecuted for grand theft.

To win this lawsuit, the prosecution needs to present evidence that you obtained the assets belonging to the plaintiff without first getting their permission and that you had the intent to do that. Taking someone's money or property by lying, cheating, or pretending during a gambling game can result in further charges of grand theft when the value of the stolen goods is greater than $950.

California Penal Code Sections 484(a) and 488: Petty Theft

This involves property theft that does not exceed $950. When whatever was stolen wasn't of substantial worth and wasn't stolen from its rightful owner forcefully, you may be subject to minor fines in addition to or instead of high gambling fraud consequences. Petty theft encompasses offenses like embezzlement, theft using tricks, and pretense.

California Penal Code 532: Theft By False Pretense

This occurs when someone is coerced into parting with money or giving up their property after being given false promises or representations. Theft through pretenses is a form of theft that could be charged along with gambling fraud if it is proven that the defendant intentionally misrepresented or pretended to be someone they were not to persuade the victim to part with cash or other valuables.

Find a Pasadena Criminal Defense Attorney Near Me

The laws surrounding gambling fraud are complex. Unfortunately, anyone could find themselves facing serious accusations for committing the offense even though they had no intention of defrauding others. If this happens, you might want to talk to a legal professional about your situation or try to have a better understanding of the case.

If you are facing these charges, do not hesitate to get in touch with our attorneys at the Michele Ferroni Pasadena Criminal Attorney Law Firm. Call us today at 626-628-0564 to schedule your consultation.

Under California Penal Code 207, moving another person for a significant distance against their will using force, fear, or fraud is an offense. You could face charges for simple kidnapping if you violate this statute. You will likely face severe punishment if you use force, fear, or fraud to move a minor under 14 through a significant distance against their will. You could also face harsher penalties if you inflict serious bodily harm on the child, cause death, or demand ransom after kidnapping. According to California's Three Strikes Law, kidnapping can attract a jail term, fines, and even a strike on your record. Consult a competent criminal defense attorney for legal counsel if you face kidnapping charges.

At Michele Ferroni Pasadena Criminal Attorney Law Firm, we have experienced attorneys who can help you create the best strategy to fight your charges.

Kidnapping Under California Law

Under California law, the crime of kidnapping is defined depending on the facts of the offense. According to Penal Code 207, the crime of simple kidnapping involves moving someone without their permission by use of fear, force, or fraud. On the other hand, this crime could be aggravated if the kidnapping involves moving someone without their consent by use of fear, force, or fraud and any of the following is true:

• The victim you moved was a child below 14 years under Penal Code 207(b).
• The victim sustained significant bodily injuries or died.
• You kidnapped a person during carjacking under Penal Code 209.5.
• You held a person for ransom under Penal Code 209(a) or Penal Code 210.

If the prosecutor accuses you of kidnapping, Penal Code 207 requires that the prosecutor prove the following elements for kidnapping charges to apply:

• You moved someone for a significant distance.
• Without the person’s permission.
• You executed the act using fear, force, or fraud.

Moving Someone

You can only face kidnapping charges if you move someone for more than a trivial or slight distance. However, several factors could determine whether the movement was significant. The factors that the judge could consider include:

• If moving the victim reduced the possibility of you being caught.
• If the movement increased the likelihood of the victim suffering bodily harm, like taking somebody from the crowd in a club to an adjacent dark alley.
• The actual distance moved.

Movements that can qualify as significant to support kidnapping allegations include:

• You ordered someone at knifepoint to move for 40 to 50 feet from your driveway on the street to the inside of a camper in the driveway behind your house.
• You moved someone 840 feet on a major street in a vehicle when you emerged and forced them to continue driving.
• You moved someone 29 feet from the motel room to the bathroom to rape them.

On the other hand, movements that do not qualify as substantial enough to support kidnapping allegations include:

• Moving someone at gunpoint 40 feet through a parking lot towards your vehicle before you escape. Under California law, this movement is insufficient to justify kidnapping charges because the distance was within the parking, and you did not subject the victim to great bodily harm while moving them for this short distance.
• Dragging someone from the front of the laundromat to the back. In this case, you are not guilty of kidnapping because the incident occurred in a single room, and the movement was insufficient.

Generally, the judge's discretion determines whether the movement was substantial enough for you to face kidnapping charges. No set distance qualifies as significant.

Without The Person’s Permission

Under this element, the person could have put up a fight or protested before you moved them. This means the person did not volunteer to go with you. Under California law, certain people are incapable of giving consent. For example, mentally incapacitated people or children are deemed incapable of giving legal consent.

Using Force, Fear, Or Fraud

You can be guilty of kidnapping if you use violence, force, fear, or fraud. It is a crime under California law to move a person without their consent using fear or intimidation. Force or fear means you threatened to inflict bodily or physical harm on the victim. The following are examples of using physical force to execute a kidnapping act:

• Beating the victim to the point of no resistance.
• Physically dragging someone to a specified place.
• Physically restraining someone to move them later.

Using fear, on the other hand, could include:

• Issuing threats to cause harm to someone's family for refusing to meet your demands.
• Issuing threats to abuse someone for refusing to meet your demands.
• Ordering someone to comply at gunpoint or knifepoint.

Moving someone through fraud means doing so without force or fear. Fraud can be evident under several aggravated circumstances, including:

• Fraudulently kidnapping someone from one state and taking them to another state.
• Kidnapping someone from one state and taking them to another state with the intent to sell them or subject them to involuntary servitude or slavery.
• Kidnapping a minor below 14 years to commit lewd acts with a minor under Penal Code 288 PC.

Typically, fraud encompasses any intentional deception practiced for personal gain. If you mislead or make false promises to someone and the person is persuaded to move with you, you have fraudulently secured that permission. The permission secured through fraud amounts to no consent.

An individual can only freely accept doing something after understanding what that acceptance is for. You could be deemed to have acted without a person's consent if the person did not freely consent with an understanding of all the necessary facts. You could also violate kidnapping statutes if you continue to move a person through a substantial distance if the person initially agreed to move but withdrew their consent later.

Penalties for Kidnapping

If the judge finds you guilty of kidnapping, you could serve a lengthy jail term or, at times, even life imprisonment. Kidnapping is often regarded as a continuing offense. As long as you detain the alleged victim, the crime will continue. Even if you move the alleged victim from one point to another, the judge will charge you with one kidnapping case.

You could face kidnapping penalties based on the facts of your crime. Simple kidnapping is usually charged as a felony. The possible penalties you could face include the following:

• A fine that does not exceed $10,000.
• A jail term of three years, five years, or eight years in a state prison.

If the judge charges you with aggravated kidnapping, it will lead to the following penalties:

• A jail term of five years, eight years, or eleven years in state prison if the victim was a child below 14 years old when you committed the crime.
• If you kidnapped someone during a carjacking while committing a robbery or for a ransom, you face life in prison without the possibility of parole. You could also serve a life sentence without the possibility of parole if you kidnapped someone to extort them or to commit sex crimes like sodomy, rape, lewd acts with a minor, or oral copulation.

Senate Bill 384 allows a Sex Offender Registration requirement for people charged with kidnapping and found guilty of attempting to commit or committing any of the above sex offenses. You could also be required to register if you are convicted of kidnapping for life without the possibility of parole for kidnapping a person for ransom, extortion, or reward and:

• You put a person in a condition exposing them to a risk of death, or
• The person sustains bodily injury or dies.

Both simple and aggravated kidnappings are typically regarded as serious and violent felonies. You could face a strike on your record if you are found guilty of any crimes.

The judge will decide on the penalty you will face if the kidnapping crime is your first-strike crime. You will serve twice the sentence the judge imposes on you for kidnapping if the conviction results in a second strike on your record. You will serve a minimum of 25 years to life in prison if the kidnapping conviction results in a third strike.

Defenses Against Kidnapping Charges

Some of the defenses you could present to challenge your kidnapping charges include the following:

Mistaken Identity

The victim’s memory could be affected by several factors, including:

• If the kidnapping happened in a dark place,
• If the victim did not see the perpetrator well because of a face mask,
• Memory loss because of the trauma the victim suffered from the incident.
• Memory loss because of alcohol or drug use.

The above factors could make the victim mistakenly identify you as a kidnapper. Your attorney could seek the services of a medical expert to explain how memory works and prove to the judge that you are innocent. Any corroborating evidence could be removed from your charges if the kidnapping victim's memory is unreliable. In this case, your charges could be dismissed or reduced.

False Accusations

Often, false allegations are born out of a need for revenge, jealousy, or hatred. A victim could allege that you kidnapped them or another person to satisfy any of the above emotions. False accusations are common between entangled romantic partners or in highly contested child custody hearings.

The victim could have accused you of kidnapping out of malice or anger. Your attorney could use the victim's emotions to prove to the court that the victim made the accusations with ill will or malice. For example, you could pick a colleague for lunch, yet you recently received a promotion that your colleague was eyeing. Out of jealousy, your colleague calls the police, accusing you of kidnapping them and alleging that he/she had withdrawn consent to accompany you. In this case, your colleague’s claims are an emotional reaction. The prosecutor must prove that your colleague withdrew their consent. Your attorney, on the other hand, could use the emotional response to establish the false accusation defense.

No Sufficient Movement

You can only face kidnapping charges if the judge is convinced you moved someone a distance to facilitate an offense or escape, no matter how slight. You could also face charges if the movement were more than incidental to the crime at hand. Similarly, you could face kidnapping charges if it was possible that your accuser could sustain injury because of the movement. If the prosecutor fails to prove that the distance was significant based on the above elements, your kidnapping charges could be dismissed or dropped.

You Were Only Present, But You Were Not A Kidnapper

Sometimes, without your knowledge, you could walk with friends who have kidnapped another person. Your attorney could present this defense if law enforcement arrested you and found the kidnapped person. In this situation, the prosecutor must prove you had prior knowledge of the conspiracy to kidnap the person. The prosecutor must also prove that you were in the company of your friends when they kidnapped the alleged person. However, the prosecutor could accuse you of aiding and abetting kidnapping. It means that you encouraged, facilitated, or aided the kidnapping.

Generally, the prosecutor will be required to prove the following to the court:

• You knew about the kidnapping plot.
• You purposefully encouraged or facilitated the plan.
• You promoted, instigated, or failed to prevent the kidnapping in cases where the law gives you powers to report the offense.

You will face a punishment similar to the actual kidnapper if the judge finds you guilty of aiding and abetting kidnapping.

Parental Right to Travel With the Child

The claims of kidnapping are common among partners facing a child custody trial. For example, the partner without lawful custody could have taken the child on a trip, but the other spouse accuses them of kidnapping the child. While this could violate a child custody order, it does not qualify as kidnapping. The law allows a parent to take the child on a trip.

However, this defense does not apply if you move the child to facilitate an offense. Usually, the judge will reduce your charges to a deprivation of a child custody order, depending on the facts of your case.

The Victim Agreed To Move

This defense could be permissible if you prove the following:

• The victim freely and willingly agreed to be relocated.
• The victim was conscious of the movement.
• The victim had sufficient knowledge and maturity to consent to the movement.

Your attorney could present this defense if your charges meet the above threshold. This defense could also be valid if you reasonably believed the victim agreed to be moved. Your attorney could claim that you thought the victim agreed to be moved, even though this was false.

If a person initially agrees to go with you for a distance and later changes their decision, you do not have permission to proceed. You could face kidnapping charges if you move a person after their withdrawal of consent.

Statutory Exemptions

There are several exemptions under the California kidnapping laws where some cases could bear the hallmarks of kidnapping while others do not. You will likely not face kidnapping charges if:

• You make a citizen’s arrest and put them behind bars. Penal Code 837 permits private individuals to carry out the arrest. However, an arrest can only be lawful if the victim attempted or committed a crime in your presence or if you believe the victim committed a felony. The arrest could also be legal if a felony happened and you reasonably thought the victim committed the crime.
• You harbor, steal, take, or conceal a minor under the age of 14 to protect the child from imminent danger.

Related Offenses

The crimes that could be charged alongside kidnapping include the following:

Kidnapping in the Course of Committing a Carjacking — Penal Code 209.5

It is a crime under Penal Code 209.5 for any person to kidnap someone as part of the commission of a carjacking. If the prosecutor accuses you of violating PC 209.5, the prosecutor must prove the following elements:

• You committed a carjacking.
• You took, detained, or held another person during the carjacking by using force or instilling reasonable fear.
• You made the person move or moved the person a significant distance from the carjacking area.
• You moved or made the other person move to facilitate the carjacking.
• The person who moved was not a participant in the carjacking.
• You forced the person to move against their will.

Penal Code 209.5 is usually charged as a violent felony. You could face a jail term in a state prison instead of a county jail for life with the possibility of parole. A charge for this crime could also earn you a strike on your record under the three-strike statutes.

Unfortunately, you cannot apply for an expungement if you are guilty of this crime. Under California law, you cannot obtain an expungement if a conviction leads to confinement in a state prison.

Some of the defenses you could use to fight your Penal Code 209.5 charges include the following:

• You were falsely accused.
• The alleged victim consented.
• You had permission to take the vehicle.

Extortion By Pretending To Be A Kidnapper — Penal Code 210 PC

It is a crime under PC 210 to seek reward money or ransom by pretending to be a kidnapper. You could be guilty under this statute if you aim to secure the ransom, a reward, or extort money for the release of an alleged kidnapped individual by posing as:

• The kidnapper.
• A person with the capacity to secure the victim’s release.
• Someone who has aided and abetted the kidnapper.
• Someone who has detained the victim.

You could typically face the following penalties if the judge finds you guilty of violating Penal Code 210:

• A jail term of two years, three years, or four years in a state prison.
• Probation with up to one year in a county jail.

However, several defenses are available that you can use to fight your PC 210 charges. They include:

• You are a victim of mistaken identity.
• You had good faith to believe that you could secure the release of the kidnapped person and that you did not play any role in the kidnapping.
• You have been falsely accused.

False Imprisonment of a Hostage to Avoid Arrest — Penal Code 210.5

Penal Code 210.5 offense is also known as taking a human shield. You could violate this crime if you are facing the risk or threat of imminent arrest and you falsely imprison someone else to:

• Use the individual as a human shield.
• Protect yourself from arrest.

This statute is essentially meant to protect against hostage situations where you use the victim as a bargaining tool to avoid arrest, either because:

• You believe law enforcement will not injure the victim if you use them as a shield to escape.
• You threaten to kill or cause injury to the victim if law enforcement does not let you go.

This Legislature passed this law in 1987 to impose severe punishment for the false imprisonment of a hostage instead of the general statute prohibiting false imprisonment. Penal Code 237 PC prohibits the ''generic'' kind of false imprisonment charged as a wobbler crime. You could face misdemeanor or felony charges, depending on your criminal history and the facts of your case.

Felony charges under PC 237 attract a jail term that does not exceed three years in county jail. The Legislature, however, made violation of PC 210.5 an automatic felony. In this case, you could face a jail term of three, five, or eight years in a county jail.

Some of the defenses you could present to challenge your charges include:

• Duress.
• The victim consented.
• There was no increased danger to the victim.
• There was no imminent threat of arrest.

Find a Criminal Defense Attorney Near Me

Kidnapping is a serious crime under California law. If the court convicts you of this crime, you could face lengthy imprisonment in state prison, hefty fines, and paying restitution to the victim. Contacting an attorney immediately after you learn you are being investigated for kidnapping is essential. If you need legal representation that you can rely on in Pasadena, we invite you to contact the Michele Ferroni Pasadena Criminal Attorney Law Firm. We have highly experienced attorneys who can help you create a convincing legal defense to fight your charges. Contact us at 626-628-0564 to speak to one of our attorneys.

Penal Code 1203.2 addresses modifying or terminating probation. This statute delineates the circumstances and procedures in which a court can alter an individual's probationary period. According to the law, the presiding judge holds the authority to revoke, modify, or amend the order on the suspension or execution of the sentence upon finding the probationer guilty of violating the terms of their probation. Before any prospective modifications or terminations of probation, it is incumbent upon the court to conduct a hearing. During this hearing, the judge conscientiously evaluates various factors, including the probationer's conduct throughout the probationary period, any infractions committed in contravention of the probationary terms, and the overarching interests of justice. Notably, the defendant is entitled to receive notice regarding the hearing and can present evidence, summon witnesses, and make arguments that outline why the courts should not revoke or modify their probation.

A probation violation is consequential. Given the gravity of the situation, you should seek legal counsel from one of our proficient Long Beach attorneys. Our team is experienced in navigating probation violation cases. The Michele Ferroni Pasadena Criminal Attorney Law Firm will work towards safeguarding your rights throughout the hearing process to secure a favorable outcome.

Differentiating Probation and Parole

Probation and parole are distinct forms of community supervision provided to individuals involved in the criminal justice system.

Probation

For probation, the court grants this supervision as an alternative to imprisonment or as part of a sentence, typically before or instead of jail or prison time. Probation can be applicable for various offenses, including misdemeanors and some felonies. The judge determines eligibility based on factors like the offense's nature, the individual's criminal history, and other pertinent considerations.

The primary objective of probation is to rehabilitate the individual and facilitate their reintegration into society while prioritizing public safety. Probation supervision involves monitoring compliance with court-imposed conditions and offering support and guidance to foster law-abiding behavior.

Parole

Conversely, parole is a form of supervision for individuals released from prison before completing their entire sentence. It comes into effect after a portion of the prison term has been served, granting conditional release into the community.

Parole is granted to individuals convicted of felonies who have demonstrated acceptable behavior during incarceration and have served a specific portion of their sentence. Eligibility for parole is contingent on the parole system's laws and regulations, considering factors including the offense type and the individual's conduct while in prison.

Parole concentrates on facilitating the transition from prison to the community, aiming to support successful reintegration, rehabilitation, and a reduction in the risk of recidivism through supervision, support services, and reentry programs.

Rules Related to Probation

Probationary rules generally fall into two categories:

• Arrest and Termination of Probation Rules

When you are on probation and find yourself arrested for a new offense, the arrest has potential consequences for your existing probation. In these situations, the court holds the power, as granted by PC 1203.2, to make adjustments or end your probationary period. The court's response varies based on the circumstances of the case. It could decide to revoke your probation, subject you to stricter penalties, extend your probation duration, or modify the existing probation conditions.

Per Penal Code 1203.2a, authorization for your arrest can occur when there is probable cause to believe that you committed an offense or violated any term or condition stipulated within your probationary arrangement. This arrest can occur, with or without a warrant, contingent upon the unique circumstances related to your case. Furthermore, various authorities can initiate this arrest, including a probation officer, a parole officer, or a police officer.

Following your arrest and subsequent presentation before the court, the presiding judge will have two potential avenues to pursue. They could elect to:

1. Grant your release from custody, thereby affording you freedom from confinement, or
2. Exercise their authority by revoking and terminating your probationary status.

The ultimate determination the judge renders hinges on the intricacies and specifics of your case.

• Imposition of Imprisonment Terms or Tougher Probation Terms

Under Penal Code 1203.2(c), if your probation is revoked and terminated while your sentence was initially suspended, the court retains the discretion to order you to fulfill the suspended sentence. This means you could be required to serve time in jail or prison. As an alternative to a traditional sentence, the court can direct you either to the Department of Corrections and Rehabilitation or the Division of Juvenile Facilities, depending on your age and circumstances.

Furthermore, instead of executing a suspended sentence after the revocation of probation, the court retains the discretion to reinstate probation, albeit imposing more rigorous and stringent conditions upon your probationary arrangement. These heightened conditions include:

1. Increased supervision.
2. Compulsory participation in counseling or treatment programs.
3. Fulfilling community service obligations, or
4. The imposition of other suitable penalties commensurate with the circumstances.

The increased sentences cultivate heightened compliance and accountability.

Probation Hearing

You will likely face a probation hearing if you:

1. Commit a new offense while on probation, or
2. Violate the terms of your probation.

At the hearing, several determinations are made, including:

1. Custody status — The court decides whether you will be released or held in custody pending the hearing outcome.
2. Probation termination or revocation — The court determines whether your probation will be terminated or revoked due to the violation.
3. Sentencing options — If probation is revoked, the court considers sentencing options, including imposing a jail or prison sentence.
4. Resumption of probation with tougher conditions — Alternatively, the court can reinstate probation but subject you to more stringent requirements to ensure compliance.

The specific outcomes of a probation violation hearing depend on the facts of your case, the severity of the violation, your compliance history, and other relevant factors.

Additionally, two important issues stand out in a probation hearing, namely:

1. Your rights as a defendant, and
2. The difference between a probation hearing and a trial for a crime.

• Rights of a Probationer

In a California probation violation hearing, you enjoy rights akin to those provided to defendants in criminal jury trials. These rights include:

1. The right to legal representation — You have the right to be represented by a criminal defense attorney who can advocate for your interests and provide guidance throughout the probation violation hearing process.
2. The right to call witnesses — Similar to a criminal trial, you have the right to summon witnesses to testify on your behalf. Additionally, you can utilize the court's subpoena power to compel witnesses to appear and provide testimony.
3. The right to present mitigating circumstances — You can submit any mitigating or extenuating circumstances that could have influenced or contributed to the alleged probation violation. This enables you to provide context and explanations relevant to the decision-making process.
4. The right to testify — You possess the right to testify on your behalf during the probation violation hearing. This allows you to provide firsthand accounts or explanations regarding the alleged violation and present your perspective to the court.
5. The right to disclosure of evidence — You have the right to be informed of and have access to the evidence against you. This ensures transparency and allows you and your defense attorney to review and challenge the evidence presented by the prosecution.

While these rights are available in a probation violation hearing, specific procedural and evidentiary rules govern their application.

• Probation Hearings and Criminal Trial

A probation violation and a criminal trial are two distinct legal processes with crucial differences. Here are some notable differences between the two:

Nature of the Proceedings

A probation violation hearing is an administrative or quasi-criminal process that focuses on whether a probationer violated the terms and conditions of their probation. It is generally conducted before a judge rather than a jury.

On the other hand, a criminal trial is an adversarial proceeding conducted in a court of law. During the proceeding, the prosecution presents evidence and seeks to prove beyond a reasonable doubt that the defendant is guilty of a specific criminal offense.

Criminal cases involve a judge, a jury (in most cases), and adherence to formal rules of evidence and procedure.

The Burden of Proof

In a probation violation hearing, the burden of proof is typically lower than in a criminal trial. The prosecution must demonstrate the violation by a preponderance of the evidence, meaning it is more likely than not that a violation occurred.

In a criminal trial, the prosecution carries the burden of proving the defendant's guilt beyond a reasonable doubt. This higher standard requires the jury's conviction that there is no reasonable doubt about the defendant's guilt.

Consequences and Remedies

If a probation violation is proven, the court can impose various consequences, including modifying probation conditions, extending the probation term, revoking probation, and imposing a sentence, including jail or prison time.

In a criminal trial, if the defendant is found guilty, the court determines the appropriate punishment, including fines, probation, community service, or incarceration.

Common Probation Conditions

The specific probation conditions you must follow vary depending on the type of probation imposed by the court. Courts can impose:

1. MIsdemeanor.
2. Felony, or
3. DUI probation terms.

Let us look at each category.

• Misdemeanor Probation Terms

Misdemeanor probation conditions must adhere to certain principles to ensure fairness and effectiveness. They should be:

1. Fitting and proper — This means they should be appropriate and suitable to achieve the goal of justice in the given case.
2. Reasonable and logically related — The conditions imposed must be reasonable and logically connected to the offense committed. They should be designed to address the specific issues and risks associated with the probationer's conduct, ensuring their rehabilitation and minimizing the likelihood of future offenses.

Misdemeanor probation conditions are either general or specific. General probation terms typically involve standard conditions that probationers must adhere to. They are similar in cases involving misdemeanor violations. However, specific conditions are particular to the case and tailored to the offense's nature or the probationer's circumstances.

General conditions include

1. Obeying all laws.
2. Reporting to a probation officer, and
3. Attending required court hearings.
4. Not leaving Long Beach or Los Angeles County without permission.

Specific conditions include:

1. Attending counseling or treatment programs.
2. Completing specified community service hours.
3. Paying restitution fees to the victims.
4. Maintaining employment or education, and
5. Refraining from contact with specific individuals or places, especially if restraining orders are in place.

• Felony Probation Conditions

When serving formal probation, the following are the likely terms you should adhere to. Like misdemeanor or summary probation, the terms are either general or specific.

Standard conditions include:

1. Obeying all laws.
2. Reporting to a probation officer when required, generally once a month.
3. Attending required court hearings, and
4. Not leaving Long Beach or Los Angeles County without permission.

Specific conditions include:

1. Mandatory drug testing.
2. Participation in rehabilitation or counseling programs, including group therapy sessions.
3. Payment of restitution to victims.
4. Submitting to random drug testing.
5. Completing the community service hours.
6. Submission to searches and seizures, and
7. Honoring firearm possession restrictions.

• DUI Probation Terms

Specific conditions are imposed when a person is sentenced to DUI probation. The exact terms depend on factors, including whether it is a first-time DUI conviction, a second DUI offense, a third DUI violation, or a subsequent "wet reckless" conviction. Here are some common conditions associated with DUI probation:

1. Depending on the offense, the court could require the probationer to complete a DUI education or treatment program. The duration and level of the program vary depending on the number of DUI offenses.
2. For certain DUI offenses, the court could mandate the installation of an IID in the probationer's vehicle. This device measures the driver's breath alcohol concentration and prevents the car from starting if alcohol is detected.
3. DUI probation often involves a driver's license suspension. However, the court could allow the probationer to obtain a restricted driver's license for necessary travel, for example, commuting to work or attending court-ordered programs.
4. The courts could require the probationer to report to a probation officer regularly during the probationary period. The officer monitors the probationer's compliance with the conditions and provides guidance or assistance as needed.
5. The probationer must refrain from engaging in criminal activity and comply with all federal, state, and local laws.
6. As a condition of DUI probation, the courts prohibit the probationer from consuming alcohol or drugs during the probationary period.
7. The courts also impose fines and fees for the DUI offense and restitution to any victims involved. Per California’s zero tolerance law, you commit a crime when you drive with any detectable alcohol in your system.
8. Submitting to random drug testing, which includes a DUI blood test or DUI breath test.

Probation Warnings

Not all probation violations result in arrest and further escalation of the probation terms. For minor or technical probation violations, for example, missing an appointment or failing to complete a minor requirement, the probation officer or court could opt to issue a warning rather than imposing immediate and severe consequences.

The issuance of a warning serves to remind the probationer of their obligations and foster compliance with the terms of probation. This approach grants the probation officer or court the discretion to allow the probationer to rectify the violation without subjecting them to more severe repercussions.

Note: The determination to issue a warning or pursue alternative action in response to a probation violation hinges upon the specific circumstances and the discernment exercised by the probation officer or court.

Traveling While on Probation

One of the probation conditions is to remain stateside while on probation. Traveling without the authority to do so is a probation violation.

When you are on felony probation, seeking permission from the probation department is generally mandatory before traveling out of state. However, if you are on misdemeanor probation, the necessity for permission relies on specific factors:

• Length of supervision — Typically, permission is required if your sentence encompasses at least one year of probationary supervision.
• Nature of the crime — Additionally, permission is necessary if the misdemeanor offense involves any of the following circumstances:
  • A second or subsequent DUI (Driving Under the Influence) offense
  • Actual or threatened physical or psychological harm
  • Use or possession of a firearm
  • A registrable sex crime

Obtaining travel permission can be time-consuming. It involves coordination between your probation officer and the state you intend to visit. Consequently, you must contact your probation officer well before your intended trip. It allows sufficient time for the request to be processed.

By initiating communication early on, you provide ample opportunity for your probation officer and the relevant authorities to evaluate and grant the required permissions. This will ensure compliance with the terms of your probation.

Early Probation Termination

In certain circumstances, obtaining an early termination of probation is possible. However, the decision rests on various factors and the court's discretion.

Early termination is not an automatic process and typically necessitates a formal request followed by a hearing before the judge. Here are several factors that the court considers when assessing a request for early termination:

1. Demonstrating consistent compliance with all probationary terms and conditions, including completing required programs, community service, or counseling, can strengthen the case for early termination. The judge also evaluates the time you have served on probation.
2. Maintaining a clean record throughout the probationary period and exhibiting positive behavior can significantly impact the decision in favor of early termination. Showing remorse for your actions helps persuade the judge to grant early probation termination.
3. Serving a substantial portion of the probationary period without violations can bolster the argument for early termination.
4. Genuine efforts toward rehabilitation, like actively seeking educational or employment opportunities, actively participating in counseling, or making positive lifestyle changes, can support the request for early termination.
5. Fulfilling any financial obligations or restitution to victims as ordered by the court demonstrates a commitment to accountability and can be viewed favorably in the decision-making process.
6. Securing the agreement and support of the prosecutor assigned to the case can enhance the likelihood of the court granting early termination. The courts assess your previous criminal record and the likelihood of reoffending.
7. The judge also considers any hardships or adverse consequences experienced as a result of being on probation, such as limited job opportunities.

The Role a Probation Officer Plays

Probation officers assume a crucial role by furnishing the court with pertinent information and offering recommendations. The following are key responsibilities and functions carried out by a probation officer in a probation hearing:

• Presenting Information

The probation officer diligently collects and presents relevant details to the court concerning the probationer's adherence to the terms and conditions of probation. This includes insights into the probationer's conduct, progress, and any potential violations that could have transpired.

• Preparing Reports

The probation officer diligently compiles pre-sentence investigation reports (PSIs) or probation violation reports (PVRs) for submission to the court. These comprehensive reports furnish the court with crucial information regarding the following:

1. Your background.
2. The nature of the offense committed, and
3. The extent of your progress, or lack thereof, during the probationary period.

• Assessing Risk and Needs

The probation officer thoroughly assesses your risk level and requirements. This evaluation entails considerations including the likelihood of recidivism, the necessity for rehabilitation or treatment programs, and the identification of specific interventions necessary to facilitate the probationer's successful reintegration into the community.

• Providing Recommendations

The probation officer proposes informed recommendations to the court regarding the most suitable course of action, drawing from their assessment and observations. These recommendations could include proposals for modifying the terms of probation, imposing stricter conditions, or petitioning for probation revocation in cases of violations.

• Testifying in Court

The probation officer could be summoned to appear as a witness during the probation hearing, providing sworn testimony and responding to inquiries about your progress, behavior, and adherence to probationary requirements.

• Collaborating With Other Stakeholders

The probation officer actively collaborates with other key individuals involved in the probation process. These include liaising with defense attorneys, prosecutors, and treatment providers to gather comprehensive information, ensuring a well-rounded understanding of the probationer's circumstances.

Contact a Criminal Defense Attorney Near Me

Enlisting the services of a criminal defense attorney is highly advisable when facing probation violations. A defense attorney brings specialized knowledge and expertise in criminal law, allowing them to navigate the complexities of probation violation cases. They can assess the strength of the case against you, identify potential defenses, and develop legal strategies specific to your circumstances.

At the Michele Ferroni Pasadena Criminal Attorney Law Firm, we protect your rights. We ensure that due process is followed and any evidence against you is obtained lawfully. We negotiate with the prosecutor on your behalf, seeking the most favorable outcome.

Furthermore, our Long Beach team provides invaluable support and guidance during what can be a stressful and overwhelming time. We alleviate your concerns, answer your questions, and provide reassurance throughout the probation violation process. Contact us today at 626-628-0564 for further assistance.

California has strict and complex laws regarding guns and weapons. The laws are considered to be some of the toughest in the US. California gun laws determine who can possess firearms and specify which types of guns are legal and which are not.

Making certain modifications to a weapon, such as changing the ammunition or increasing the magazine capacity, can also make it illegal. There are weapons that are prohibited by law, and if you are found in possession of these weapons, you can face prosecution.

Being convicted of charges related to prohibited weapons can lead to severe penalties and have long-lasting effects on your life. Seeking legal assistance early in your case can help you contest the accusations and aim for a favorable outcome. At the Michele Ferroni Pasadena Criminal Attorney Law Firm, we are prepared to provide you with the necessary legal support to fight against the charges of possessing prohibited weapons.

What California Law Bars You from Doing with a Prohibited Weapon?

Under Penal Code 16590 PC, knowingly engaging in any of the following actions constitutes a criminal offense:

• Manufacturing.
• Importing into California.
• Selling.
• Lending.
• Possessing.

a generally prohibited weapon.

Knowingly

If you are aware that you have a weapon that falls under the category of prohibited weapons, you are violating the law. Under California law, the prosecutor is not needed to show that you intend to use the weapon. The court only requires the prosecution to show that you knew the object was a prohibited weapon.

For example, Ken visits a swap meet and purchases an antique cane. However, he does not know that the cane secretly has a sword inside it. Later, when he tries to bring it with him through airport security, the Transportation Security Administration (TSA) discovers the hidden blade.

In this situation, Ken has not violated PC 16590 because he had no idea that the cane was a prohibited weapon. The cane had a sword that could be used as a weapon.

Possess

In California, the possession of prohibited weapons is strictly forbidden. This means you cannot have these weapons in your possession, whether in your home, vehicle, or on your person. You are said to “possess” a weapon, either constructively or actually.

Actual possession means you held the weapon or had immediate access to it. Actual possession occurs when you have the weapon on your person, either on your body or in an item you hold or wear. For example, a backpack or purse.

Constructive possession means you lack immediate access to the weapon but can control it. For example, after an out-of-state trip with his friends, Cliff takes a set of brass knuckles to his home in California with him. The next day, law enforcement officers apprehended Cliff after a tip-off from one of Cliff’s friends. Even though Cliff was not carrying the metal knuckles when he faced arrest, he still had control over them since they were in his home.

People And Weapons Exempt From Prosecution

While possessing prohibited weapons is generally prohibited, certain exceptions and exemptions apply. Some individuals, such as law enforcement officers, members of the military, and authorized security personnel, may be exempt from prosecution when it comes to possessing certain weapons. These exemptions are in place to accommodate legitimate purposes and ensure public safety.

Similarly, certain weapons may be exempt from prosecution under specific circumstances, for example:

• Antique firearms.
• Unloaded firearms in film and television production.
• Weapons possessed by forensic laboratories.
• Weapons possessed by museums, libraries, and historical societies.
• When surrendering a generally prohibited weapon to the police.

Generally Prohibited Weapons, Per California PC 16590

Under California PC 16590, a comprehensive list of generally prohibited weapons is outlined. The following weapons are prohibited in different parts of PC 16590 but are grouped and listed under this particular section:

Prohibited Knives and Edged Weapons

California Penal Code 16590 specifies several types of knives that are deemed illegal. These knives are designed for concealment and pose a significant risk due to their potential for silent and effective attacks. Among the prohibited knives are:

• Air gauge knives, California PC 20130.
• Belt buckle knives, California PC 20410.
• Cane Swords, California PC 20510.
• Lipstick case knives, California PC 20610.
• Shobi-zue (concealed knives within staffs or canes), California PC 20710.
• Writing pen knives, California PC 20910.
• Ballistic knives, California PC 21110.
• Concealed dirks or daggers, California PC 21310.
• Throwing Stars (shuriken), California PC 22410.

Prohibited Melee Weapons

These weapons are often associated with close-quarter combat and can cause severe harm or injury. Prohibited melee weapons include:

• Metal or brass knuckles, California Penal Code 21810.
• Nunchakus (commonly known as nunchucks), California Penal Code 22010.
• Leaded canes, billy clubs, blackjacks, sandbags or sand clubs, saps, and slungshots, California Penal Code 22210.

Prohibited Firearms and Firearm Modifications

Possessing certain firearms and firearm modifications is strictly regulated by California Penal Code 16590. The aim is to prevent the use of firearms that are easily disguised, modified, or capable of causing significant harm. Prohibited firearms and modifications include:

• Camouflaging firearm containers, California Penal Code 24310.
• Cane guns, California Penal Code 24410.
• Firearms that are not immediately recognizable as firearms, California Penal Code 24510.
• Undetectable firearms, California Penal Code 24610.
• Wallet guns, California Penal Code 24710.
• Unconventional pistols, California Penal Code 31500.
• Large-capacity magazines (holding more than 10 rounds), California Penal Code 32310.
• Multi-burst trigger activators, California Penal Code 32900.
• Short-barreled rifles or shotguns, California Penal Code 33215.
• Zip guns, California Penal Code 33600.

Prohibited Ammunition and Explosives

California PC 16590 prohibits certain types of ammunition and explosives to curb dangerous projectiles and explosive devices. These include:

• Concealed explosive substances (excluding fixed ammunition), California Penal Code 19100.
• Metal military practice hand grenades or metal replica hand grenades that can be readily modified into functioning hand grenades, California Penal Code 19200.
• Flechette darts or ammunition made of flechette darts, California Penal Code 30210.
• Explosive bullets or bullets containing explosive agents, California Penal Code 30210.

Legal Defenses to Penal Code 16590 Violations

You have several legal defenses if you face charges related to prohibited weapons. These defenses can help you contest the charges and potentially mitigate the consequences you may face.

Momentary Possession

If you are arrested for possession of a prohibited weapon momentarily, such as holding it while considering a purchase in a gun store, you can raise the defense of momentary possession. This defense argues that you had no intention of permanently possessing the weapon and, therefore, did not commit a crime.

The burden of proof lies with the prosecution to establish that you reasonably knew the prohibited weapon was in your possession and that you had control over it. If they cannot demonstrate this, you may be acquitted under this defense.

No Prohibited Weapon

According to PC 16590, you can only be found guilty if you have performed an act with a weapon explicitly listed as prohibited. Therefore, in building your defense, you can argue that while you may have possessed a weapon, it does not fall under the category of prohibited weapons as listed in the statute. This defense rests on the premise that the weapon you possessed does not match the characteristics and criteria outlined in the law.

Insufficient Evidence

Prosecutors often have an easier time convincing a jury of the actual possession of a prohibited item. They can present various forms of evidence, such as photographs of the weapon in your possession, eyewitness accounts, or surveillance footage. However, proving constructive possession can be more challenging for the prosecution.

To establish constructive possession, the prosecutor must prove that you knew the weapon was in your possession and that you had control over it. Your defense attorney can argue that there is insufficient evidence to demonstrate your knowledge and control over the prohibited weapon, making it harder for the prosecution to secure a conviction.

No Knowledge

If you never knew that the object in question was either a prohibited weapon or had the potential to be used as a weapon, the court cannot convict you. Your lawyer can present a defense by asserting that you did not have the requisite knowledge regarding the weapon-like characteristics or the prohibited status of the object.

The burden of proof lies with the prosecution to establish beyond a reasonable doubt that you knew the weapon's prohibited nature. Your defense attorney can challenge the evidence presented by the prosecution, scrutinize the circumstances surrounding your possession of the object, and argue that you lacked the necessary awareness.

Prosecutorial Misconduct

In some cases, the behavior of prosecutors can cross legal, professional, and ethical boundaries in their quest for convictions. This type of misconduct may involve introducing false evidence, failing to disclose exculpatory evidence, discriminating during the jury selection process, or using improper arguments during trial.

Your defense team can present evidence of prosecutorial misconduct to the judge, potentially leading to a dismissal of the charges, a motion for a new trial, or an admonishment to the jury to disregard specific comments and evidence presented by the prosecution.

Unlawful Search And Seizure

Under the Fourth Amendment of the United States Constitution, you are protected from illegal searches and seizures. Law enforcement officers must obtain a legal search warrant before searching or seizing property. If a search is conducted without a warrant, it must fall under certain exceptions to be considered lawful.

In the context of prohibited weapons, if the police gather evidence against you due to an unlawful search and seizure, that evidence can be excluded from your criminal case. This exclusion may lead to reduced charges or even the dismissal of the case altogether.

Note that authorities can search without a warrant if they have a valid legal excuse, such as probable cause or exigent circumstances. However, you can challenge the legality of the search and seizure if you believe it was conducted unlawfully.

Police Misconduct

There have been instances where officers engaged in illegal behavior to make arrests and forward cases to the District Attorney's office. Such misconduct may include coercing confessions, planting or fabricating evidence, bribery, and even extortion.

Your defense attorney can conduct independent investigations to uncover any illegal acts committed by the arresting officers that may have led to the charges against you. If evidence of police misconduct is found, it can be presented in court to have your case dismissed or to strengthen your position in negotiations.

You Have A Valid Permi

While California law generally prohibits the possession of these weapons, there are exceptions for those who have gone through the proper legal channels. The requirements and procedures for obtaining permits can vary depending on the specific type of prohibited weapon.

For example, individuals may obtain permits for certain firearms or other restricted weapons for legitimate purposes, such as self-defense or professional use.

Having a valid permit can serve as a defense against charges under Penal Code 16590. Demonstrating that you lawfully obtained the weapon and possess the necessary permissions can undermine the prosecution's case against you.

Penalties For A 16590 PC Conviction

Possible penalties for violating Penal Code 16590 can include both misdemeanor and felony charges, depending on the nature and severity of the offense.

• Misdemeanor Conviction

If charged as a misdemeanor, the potential penalties include:

• A maximum county jail sentence of up to one year.
• Fines of up to $1,000.

• Felony Conviction

Certain PC 16590 violations can be charged as felonies, resulting in more severe penalties:

• A state prison sentence ranging from 16 months to 3 years.
• Additionally, fines of up to $10,000 may be imposed.

Immigration Consequences

Immigration issues can significantly impact immigrants, green card holders, and visitors on temporary visas who face charges under California PC 16590. Examples of consequences include:

• Deportation or removal - Certain offenses related to prohibited weapons can be classified as crimes involving moral turpitude (CIMTs) or aggravated felonies under immigration law. Conviction of such offenses can trigger deportation or removal proceedings, potentially leading to the loss of immigration status and removal from the United States.
• Inadmissibility - A 16590 PC conviction can render non-U.S. citizens inadmissible, meaning they may be denied entry or re-entry into the United States. This can apply to individuals seeking to obtain or renew visas, adjust their immigration status, or even return as lawful permanent residents.

Having Your Conviction Expunged

Expungement is a legal process that allows individuals to have their criminal records cleared or modified. Expungement eligibility and procedures can vary depending on the specific circumstances of your case.

In California, you are eligible for a PC 16590 conviction expungement if you have completed probation or have served your sentence in county jail, paid all fines and restitution, and are not currently facing any other criminal charges.

To initiate the expungement process, you must file a petition with the court where you were convicted. The petition will outline your request to have your conviction expunged and provide supporting documentation.

The court will evaluate various factors when considering your expungement petition, including your criminal history, the nature of the offense, your conduct since the conviction, and the impact of expungement on your rehabilitation and reintegration into society.

If your expungement petition is granted, your conviction will be set aside, and a "dismissal" will be entered in your case. This means that you can legally and truthfully state that you have not been convicted of the offense for most purposes.

Does A Conviction Affect Gun Rights?

A conviction under Penal Code 16590 can significantly affect your gun rights. California law imposes strict restrictions on individuals convicted of certain offenses, including those related to prohibited weapons. These restrictions aim to prevent individuals with criminal records from possessing firearms.

If your conviction is classified as a felony, you will generally lose your right to own or possess firearms. Felony convictions result in a permanent prohibition on firearm ownership, and you will be prohibited from obtaining a firearms license or purchasing firearms.

Misdemeanor convictions related to prohibited weapons can also impact your gun rights, although the restrictions may not be as severe as for felony convictions. In California, some misdemeanor offenses can result in a ten-year prohibition on firearm ownership. During this period, you will be prohibited from purchasing or possessing firearms.

Related Offenses To Prohibited Weapons

There are not only specific weapons mentioned but also related offenses that can be associated with their possession, use, or sale. These include:

Carrying A Loaded Firearm In Public, Penal Code 25850

Carrying a loaded firearm in public, as defined under Penal Code 25850, involves certain elements that must be proven for someone to be convicted of this offense. The elements typically include:

• You are physically holding or having immediate control of the loaded firearm.
• The firearm is loaded with ammunition, which means bullets or cartridges are in the firearm's chamber or attached magazine.
• You are in a public place or on a public street while carrying a loaded firearm.

If found guilty of the offense, potential penalties may include:

• Up to one year in county jail.
• A fine of up to $1,000.
• Probation.
• Seizure and forfeiture of the firearm.

Common defenses include:

• Illegal search and seizure - If the firearm was discovered during an unlawful search or seizure by law enforcement, it may be possible to challenge the admissibility of the evidence based on a violation of the defendant's Fourth Amendment rights.
• Necessity - If carrying the loaded firearm was necessary to protect oneself or others from immediate harm, it might be considered a valid defense.
• Lack of knowledge - If the defendant was unaware that the firearm was loaded or did not have knowledge of its presence, it might be a valid defense.

Carrying An Unloaded Firearm In Public, Penal Code 26350

You violate PC 26350 when physically holding or having immediate control of an unloaded firearm. The statute requires that the firearm not be loaded with ammunition, meaning there are no bullets or cartridges in the firearm's chamber or attached magazine. Also, you should be in a public place or on a public street while carrying the unloaded firearm.

Carrying an unloaded firearm in public is considered a misdemeanor offense in California. The potential penalties may include the following:

• Up to one year in county jail.
• A fine of up to $1,000.
• Probation.
• Seizure and forfeiture of the firearm.

You could mount a defense against your charges using similar legal defenses to PC 25850.  Consult with an experienced criminal defense attorney who can assess the specific details of your case and determine the most appropriate defense strategy based on the circumstances.

Brandishing a weapon, Penal Code 417

You could face charges for brandishing a weapon if:

• You draw, exhibit, or use a deadly weapon or firearm in the presence of someone else.
• The weapon's drawing, exhibiting, or use is done in a way that is rude, angry, or threatening, demonstrating an intent to intimidate or provoke fear in others.

Brandishing a weapon is generally considered a misdemeanor offense in California, but it can also be charged as a felony in certain situations. The potential penalties may include the following:

• Misdemeanor Brandishing: Up to one year in county jail and a fine of up to $1,000.
• Felony Brandishing: Felony brandishing charges can result in imprisonment for up to three years in state prison.

Some of the defenses that you could use to fight your prohibited weapons are:

• False Accusation or Misidentification. If the evidence supports that the defendant was falsely accused or mistakenly identified as the individual who brandished the weapon, it can be a viable defense strategy.
• Self-defense. If the defendant reasonably believed that they or others were in immediate danger of harm and using the weapon was necessary for self-defense, it might be considered a valid defense.
• Lack of intent. If the defendant did not intend to threaten or intimidate others with the weapon, it might be a valid defense.

Find a Criminal Lawyer Near Me

If you have been arrested for making, selling, or carrying a weapon generally prohibited in Pasadena, you will need a skilled and determined lawyer to defend you against these charges. At California Criminal Lawyer Group, our lawyers have many decades of experience successfully defending suspects facing PC 16950 charges. We can also assist you. Call us today at 626-628-0564 to schedule a free, no-obligation phone consultation. We will be available to assist you when you call.