Is it true that I could lose my license for life if I get convicted of assault with a deadly weapon when the weapon is a vehicle?
Is it true that I could lose my license for life if I get convicted of assault with a deadly weapon when the weapon is a vehicle?
Yes, if you are convicted of assault with a deadly weapon, as a felony, then your license will be permanently revoked, for life, and you may not get it back under any circumstances. Under California Vehicle Code section 13351.5(a) states that upon receipt of a duly certified abstract of the record of any court showing that a person has been convicted of a felony for a violation of Section 245…
Read MoreIf I Was Convicted Of A DUI In California In 1980 – Prior To The Ruling Of People vs Watson – And I Happen To Kill Someone While Driving Under The Influence Of Meth, Can I Still Be Prosecuted For 2nd Degree Murder?
The answer is yes. In fact, you can be charged with 2nd degree murder even if you have never been convicted of a DUI. For 2nd degree murder prosecutions in DUI cases in California the prosecution will typically rely on a theory that the defendant acted with implied malice. That is, the defendant knew that driving under the influence was dangerous to human life and they disregarded that knowledge and…
Read MoreWhat is the punishment for check fraud in Riverside?
The answer to this check fraud question really does depend on a variety of factors. Check fraud is a “wobbler:” under California law which means that it can be charged as a felony or a misdemeanor. If a felony the person is looking at a maximum of 3 years in county prison and as a misdemeanor they would be facing up to one year in county jail. The most important…
Read MoreWhat Determines Whether A Felony Is Violent Or Serious Under The Penal Code? What is the Difference In Sentence And Punishment?
If a felony is serious or violent under California law then that felony is a “strike” in California. Not all felonies are strikes. In order to be a “serious” felony, it must be listed as a serious felony, penal code section 1192.7(c). IN order top be considered a “violent” felony, it must be listed under penal code section 667.5(c). Some felonies such as kidnapping and murder are considered both serious…
Read MoreHow Much Time In Jail Am I Facing If Charged With Assault With A Deadly Weapon In Riverside? Would It Be Charged As A Felony Or Misdemeanor?
Assault with a deadly weapon is a “wobbler” under California law which means that it can be charged as a felony or a misdemeanor at the discretion of the District Attorney’s office. The DA will look at the facts and circumstances of the case, whether the victim suffered injuries and if so to what extent, along with the defendant’s criminal history to determine whether to file the case as a…
Read MoreWhat Is The Penalty For Methamphetamine Possession In Los Angeles?
The penalty for methamphetamine possession in Los Angeles will be largely dependent on the criminal history of the person facing the charges and that person’s willingness and ability to complete drug classes if eligible. Possession of methamphetamine is a “wobbler” which means that it can be charged as a misdemeanor or a felony. A misdemeanor conviction is punishable by a fine of up to $1000 and one year in county…
Read MoreIf I get an expungement, can I legally say that I have never been convicted of a crime in a job application?
Yes- if your case was expunged pursuant to 1203.4 of the California Penal Code, you can legally answer that question with a “no”. However, you still have to disclose the conviction if you are applying for a state job or seeking a public license (real estate, medical, law etc). Thus, your obligation to reveal the conviction on a job application depends on the type of job. With all private job…
Read MoreWhat is the consequence for driving on a suspended license when the suspension was from prior DUI?
I have two DUI in less than three years. I have two jobs, three kids and one vehicle between me and my wife. Am I looking at jail time? California Vehicle Code 14601 and its related sections prohibit driving when you know that your driver’s license has been suspended or revoked. California Vehicle Code 14601 offenses are misdemeanor crimes, subjecting you to county jail time and substantial fines. Before you…
Read MoreAfter I was arrested for a DUI recently a friend told me I should be aware of “Watson Murders”. What exactly does that term mean?
The term "Watson Murder" comes from a 1981 California case, People v. Watson. Simply stated, the rule of law is that in order to convict someone of murder there must be "Malice". When it comes to DUI cases, where a death results, prosecutors can file second degree murder charges under a theory of “implied malice”, based on the circumstances of the individual case. For example, if the defendant in a…
Read MoreI’ve been charged with vehicular manslaughter while intoxicated with gross negligence in Santa Ana, CA. What punishment am I facing?
Vehicular manslaughter whiled intoxicated with gross negligence in California under Penal Code 191.5(a) is filed as a felony by the prosecution. The punishments depending on certain circumstances, will include the following: 1. Four, six, or ten years in the State Prison, or 2. Fifteen years-to-life in prison if you have a prior conviction of Penal Code Section 191.5 or two or more previous DUI convictions. 3. Also, if there are…
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