An arrest for a crime of violence can result in a wide variety of criminal charges, which can be prosecuted as either misdemeanors or felonies. Obviously, the latter carries much more severe consequences, often including significant prison time. Even a misdemeanor conviction for a crime of violence will have a devastating impact on the accused and can be a substantial obstacle to employment in the future. Any allegation of violence must be vigorously defended in court. Contact attorney Grace Ayers to defend against accusations of violence and protect your rights in court.

Assault & Battery

Assault is the threat or attempted threat of force or battery on another, which causes that person to have a reasonable apprehension of imminent harm. For purposes of criminal law, assault is an attempt to commit a battery, with the specific intent of causing physical injury. Battery is defined as the use of force against another, which results in an unwanted, harmful, or offensive contact. Under California law, both Assault and Battery charges are considered “violent crimes,” and both may carry with them very serious consequences. An assault can be charged as a misdemeanor or a felony depending upon the circumstances, and can often lead to significant time in jail or prison, court fines and restitution. In addition, a conviction can have immediate and sometimes irreversible consequences on your life, such as the loss of your right to carry a firearm, limited employment, and loss a professional license.

Assault With A Deadly Weapon (“ADW”)

Penal Code §245 provides specific punishment for allegations of “assault with a deadly weapon,” for both firearms and other weapons or force that is likely to produce great bodily injury. For a basic assault with a deadly weapon, a conviction can result in imprisonment of 2, 3 or 4 years. If a semiautomatic gun was used, a conviction can lead to 3, 6 or 9 years in State Prison; if the weapon was a machine gun, punishment can include up to 12 years. In addition, an assault on a peace officer is punishable by 4, 6 or 8 years, and if a semiautomatic gun was used, a conviction can lead to 9 years in State Prison.

Weapons Enhancements

It is not uncommon for weapons charges to accompany charges of violent crimes, along with theft crimes, under many circumstances. Obviously, the use of a firearm is frowned upon by law enforcement, and the California Penal Code provides numerous avenues by which you can be punished for use of a firearm during the commission of another crime. Penal Code §12022 adds a minimum of one-year imprisonment for use of a weapon, three years if the conduct amounts to assault, or if you actually used the weapon during commission of the alleged crime. Under subsection (c), an additional 3, 4 or 5 years can be imposed for use of a firearm in the commission of certain drugs and narcotics crimes.

Domestic Violence

Domestic Violence is the act of physical violence, threat or abuse against a spouse, domestic partner, former spouse or significant other, or current boyfriend or girlfriend. Domestic violence cases are aggressively prosecuted in California by the District Attorney’s Office or the City Attorney’s Office.

Theft charges can include everything from shoplifting and petty theft to armed robbery and grand theft auto – but regardless of the charge, your future liberty is at stake if you have been charged with any theft-related crime. A theft conviction can lead to serious consequences, such as disclosure on job applications, school loans and scholarships. A theft conviction can also have serious immigration consequences and must be vigorously defended, especially in a case against a non-U.S. citizen. If you or a loved one has been charged with a theft-related crime, contact attorney Grace Ayers today to defend and protect your freedom and liberty.

Petty Theft vs. Grand Theft

Not surprisingly, the difference between “petty” and “grand” theft is the value of the item(s) allegedly stolen. In California, an accusation for theft of under $400 is typically charged as a petty theft, and carries with it the potential of up to six months in jail. However, with the assistance of attorney Grace Ayers, it may be possible to instead perform community service and participate in a diversion program in order to have to charge reduced to an infraction.

Anything worth more than $400 is usually charged as Grand Theft, and is punishable by up to 3 years in prison. Cal. Penal Code § 487(a). There are also special provisions for certain circumstances, such as theft from an employer or theft of domestic vegetables worth more than $250. Theft of a firearm is always considered grand theft.

Robbery

Robbery is when the perpetrator uses violence or intimidation to take property from another person. (California Penal Code §211). That is, there must be a “victim” present in order to be charged with “robbery.” A robbery conviction alone can result in up to 9 years in prison. Penal Code §215 provides that “carjacking” is also punishable by up to 9 years in prison, even for a first offense. When a dangerous weapon is used or when the defendant actually causes physical harm during the robbery, the crime is elevated to “aggravated robbery” or “armed robbery,” increasing potential imprisonment exponentially. Robbery allegations must be rigorously defended and attorney Grace Ayers is here to help provide your rock hard defense to any such accusations.

Burglary

When the perpetrator breaks into a structure for the purpose of committing a theft or any other felony, he or she may be charged with burglary. (California Penal Code §459.) A “victim” does not have to be present in order to be charged with burglary, but there must be an unlawful breaking and entering into some sort of structure. Under Penal Code §461, burglary in the first degree is punishable by imprisonment in the state prison for two, four, or six years, and burglary in the second degree is punishable by imprisonment in the county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 (which allows for imprisonment for up to three years).

Embezzlement

Embezzlement is the fraudulent taking of personal property with which one was entrusted. (California Penal Code §503.) The main distinguishing factor between Embezzlement and other theft-related crimes is that an alleged embezzler first had lawful possession of an item – and later decided to steal it. Known as a “white collar crime,” accusations of embezzlement often involve money and those who manage it. Celebrity criminals such as Bernie Madoff were charged with numerous counts of embezzlement as a result of their “Ponzi scheme” business practices.

From possession of small amounts of marijuana to felony drug trafficking cases, criminal defense attorney Grace Ayers has worked on cases involving a wide variety of drug-related crimes. Any arrest involving pot, narcotics or other controlled substance should not be taken lightly. A conviction can lead to significant time in jail or prison, along with court-ordered drug and alcohol programs, community service, and thousands of dollars in court fines. You may also be required to register as a drug user. If you or a loved one has been charged with a drug-related crime, don’t wait: contact attorney Grace Ayers today to discuss your case today.

Marijuana Possession

Under California law, a valid prescription gives you the right to possess a *small amount of marijuana for personal use. However, that does not preclude law enforcement from arresting you for violation of Penal Code §11357. If you are charged with misdemeanor possession, a conviction will result in a criminal record, along with years of probation, enormous court costs, and a court-ordered drug and alcohol program. Violation of Penal Code § 11357(a), even as a first offense, is also punishable by up to a year in county jail.

Obviously, having a criminal record will make things harder for you in the future, particularly with respect to employment, immigration, and professional licenses. However, a skilled defense attorney like Grace Ayers can work to get a misdemeanor marijuana charge reduced to an infraction, which will result in little to no court fines and most importantly, no criminal record.

Medical Marijuana

In 1996, a majority of Californians voted to enact the “Compassionate Use Act” (California Proposition 215), which legalized the possession and cultivation of medical marijuana under certain circumstances. Senate Bill 420 (yes, that’s the actual number) became effective on January 1, 2004, and established the “Medical Marijuana Program.” SB 420 also set limits on the amount one person can possess or cultivate, established guidelines for patient registration, and enacted criminal punishments for fraud in connection with patient identification cards. Together, the Compassionate Use Act and Medical Marijuana Program provide a legal avenue by which Californians can, under State law, legally possess marijuana. However, the laws surrounding medical marijuana are in constant flux, subject to regulation by not only the Federal and State laws, but also by local City officials and state ballot initiatives.

Possession of Other Drugs/Narcotics

An arrest for possession of another controlled substance without a valid prescription, including methamphetamine, cocaine, ecstasy, acid, heroin, crack, or other prescription drug, can be charged as a misdemeanor or a felony, depending on the circumstances. A conviction can result in prison or jail time, court-ordered drug and alcohol treatment, community service, thousands of dollars in court costs, and registration as a drug offender. Needless to say, an arrest for any drugs and narcotics charge should be taken very seriously.

Possession for Sale/Distribution

Under California Health and Safety Code §11378, possession of a large quantity of a narcotic or other controlled substance is presumed to be done by someone who has the intent to sell the drugs. (For marijuana, see Health and Safety Code §11359.) Both are felony offenses, punishable by up to three years in prison. (California Penal Code §1170(h).) “Distribution” refers to delivery of a drug/controlled substance without the legal right to do so. (Health and Safety Code §11358.) For larger quantities, this can also be referred to as “trafficking,” which can also be charged as a federal offense. Substances included as chargeable under distribution and trafficking laws include marijuana, ecstasy, methamphetamine, cocaine, prescription drugs (without a lawful prescription) or other illegal substance.