What is the difference between 1st and 2nd degree burglary?
What is the difference between 1st and 2nd degree burglary?
First-degree burglary is the burglary of an inhabited house or dwelling. First-degree burglary is always a felony in California. Second-degree burglary is commonly referred to as commercial burglary. Second-degree burglary includes all burglaries that are not first-degree. The most common type of second-degree burglary is theft from a retail store.
Read MoreI have a high-profile position for my employment. A DUI conviction will have terrible consequences for me. Will the prosecutor be willing to dismiss my charge of driving-under-the-influence based on my high-profile position?
No. In California, the prosecution office for a county will not take into account a person’s status or position when deciding to charge a person with driving under the influence. In fact, high-profile cases are often more rigorously prosecuted because of the attention they receive.
Read MoreI have been charged with corporal injury on my spouse. My spouse no longer wishes to see me prosecuted for what happened. Will the prosecutor dismiss the charges against me if my spouse doesn’t want the case to proceed?
No. The prosecutor can, and often does prosecute corporal injury on a spouse cases even if the alleged victim no longer wishes the case to proceed. It is very common for an alleged victim in a domestic violence case to change their mind or no longer desire their spouse to be prosecuted. However the prosecutor will proceed with the case if they believe a crime has in fact been committed.
Read MoreWhat are the penalties for refusing to submit to a chemical test when arrested for DUI in California?
Anyone who drives on the roads in California has given his or her implied consent for law enforcement to test his or her blood, breath or urine to determine the level of alcohol or drugs in their bodies. Refusal to submit to one of these tests could trigger a one-year suspension of your driver’s license by DMV. It can also lead to more severe penalties in court such as increased…
Read MoreWhat Are The Penalties For Refusing To Submit To A Chemical Test When Arrested For DUI In California?
Penalties for a DUI Anyone who drives on the roads in California has given their implied consent for law enforcement to test their blood, breath or urine to determine the level of alcohol or drugs in their bodies. Refusal to submit to one of these tests could trigger a one-year suspension of your driver’s license by DMV. It can also lead to more severe DUI penalties in court such as…
Read MoreI was Arrested for DUI but the Cops never even saw me driving. Can I get the case dismissed?
The best answer to this question is that it depends. To be convicted of a DUI in California the prosecutor does not have to prove that the officer actually saw you driving. The prosecution can also potentially call other witnesses to the stand to testify that they saw you driving. The prosecution can also rely solely on circumstantial evidence that you were driving. Common cases are where the officer makes…
Read MoreCan I make a motion to expunge my record under Penal Code Section 1203.4 while I am on probation?
No. You cannot bring a motion to expunge your record while you are still on probation for any offense. This means even if you no longer on probation for the case you wish to expunge your motion will be denied if you are on probation for any other criminal offense. Some clients retain us to bring a motion to terminate their probation early so that they can expunge their record.…
Read MoreMany people ask us at our Orange County DUI law firm if they can get their DUI case in Orange County dismissed?
You may be able to have your DUI in Orange County dismissed if the police made certain errors during the time period where they detained you. Your DUI in Orange County may be dismissed if the police officers did not have legal cause in which to stop you vehicle. This will require your Orange County DUI lawyer to review carefully the police report to determine what legal basis the police…
Read MoreCan I use the fact that I was under the influence of drugs and alcohol when I burglarized a home as a defense to the charge of burglary in court? Will the fact that I am now attending drug and alcohol rehab help my case?
Burglary While Under The Influence Burglary of a person’s residence is what is known as a first degree felony burglary. To be convicted of this crime a prosecutor must prove that you broke and entered into the home with the specific intent of committing theft or a felony. When you are charged with a specific intent crime, the jury can consider evidence that you were intoxicated or under the influence…
Read MoreI Was Arrested For Carrying A Concealed Firearm In California. What Are My Potential Defenses?
Carrying A Concealed Firearm In California Prosecution for carrying a concealed firearm in California is serious and can result in misdemeanor or felony charges depending on the situation. Common defenses include: the fact that you had a valid concealed weapons permit(CCW); that the firearm was in open view in compliance with California’s “open carry” laws; that the firearm in your vehicle was unloaded and in the trunk or a locked…
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