Vehicle Code § 22348(b) VC – Driving Over 100 mph on a Freeway

Under California Vehicle Code § 22348(b), it is unlawful to operate a vehicle in excess of 100 miles per hour on a freeway or highway. Unlike many speeding tickets that are simple infractions, this section imposes enhanced penalties, including heavy fines, points on your driving record, and possible license suspension.

A conviction under 22348(b) VC can have lasting consequences. It carries a mandatory court appearance, significant fines that increase with repeat offenses, and a potential 30-day license suspension on the first offense. Insurance companies also treat it as a high-risk violation, often leading to steep premium increases or policy cancellations.

If you were cited for driving over 100 mph in Los Angeles, The Law Offices of Arash Hashemi can review your case, identify possible defenses, and fight to protect your license and driving record.

Overview of California Vehicle Code § 22348

California Vehicle Code § 22348(b) VC is the statute that governs high-speed driving violations. It is divided into two parts:

• § 22348(a): Prohibits driving faster than the maximum speed limits set by law (65 mph, 55 mph on two-lane undivided highways, and up to 70 mph where posted).

• § 22348(b): Prohibits driving in excess of 100 mph on a highway.

While both are infractions, violations under § 22348(b) VC carry the harshest penalties—including a potential license suspension and enhanced fines for repeat offenders. Because of the long-term consequences for your driving record, career, and insurance, it is crucial to take these charges seriously and consult with a defense attorney as early as possible.

What Are the Penalties for a CVC 22348(b) Conviction?

Driving over 100 mph in California is not treated like an ordinary speeding ticket. CVC § 22348(b) carries enhanced penalties that escalate with repeat convictions. In addition to the fines and license consequences, each conviction adds two points to your driving record, which remain for seven years and can cause steep insurance increases.

First Conviction

• Fine: Up to $500, but after court fees and penalty assessments, the total cost is often $900–$2,500.

• License suspension: Judge may order a suspension of your driving privilege for up to 30 days.

• DMV points: Two points are added to your driving record.

Second Conviction (within 3 years)

• Fine: Up to $750 (before penalty assessments).

• License suspension: The DMV can suspend or restrict your license for up to six months.

• DMV points: Two points are added to your record.

Third or Subsequent Conviction (within 5 years)

• Fine: Up to $1,000 (before penalty assessments).

• License suspension: The DMV may suspend or restrict your license for up to one year.

• DMV points: Two points are added to your record.

Additional Consequences You Should Know About

Beyond fines and license suspensions, a conviction for driving over 100 mph under CVC § 22348(b) carries additional consequences. A mandatory court appearance is required, and failing to appear can lead to a misdemeanor under CVC § 40508, punishable by jail time and a $1,000 fine. Drivers are not eligible for traffic school, meaning the two DMV points will remain on their record for seven years, increasing the risk of being classified as a negligent operator if too many points accumulate (such as four within a year, which triggers a six-month suspension). Perhaps most costly, insurance companies typically treat a 100+ mph conviction as proof of high-risk driving, resulting in steep premium hikes or even cancellation of coverage.

How to Challenge a 100+ MPH Speeding Ticket

Although driving over 100 mph is treated as a serious offense in California, a citation under CVC § 22348(b) does not automatically mean a conviction. These tickets can be challenged, and with the right approach, it may be possible to reduce the penalties or avoid points on your record. A skilled traffic ticket attorney can appear in court on your behalf, sparing you the inconvenience of attending personally. They can also negotiate with the prosecutor or judge to seek a reduced charge—sometimes lowering a two-point violation to a one-point offense. In addition, an attorney can challenge the accuracy of the officer’s speed-measuring device or present evidence that your actions were justified under the circumstances. Having an experienced lawyer fighting for you often makes the difference between a devastating outcome and a manageable one.

What Defenses Might Be Used Against a 22348(b) Charge?

• Challenging radar or lidar readings. Devices must be properly calibrated and operated correctly. If the radar or lidar gun was not maintained, tested, or used properly, the speed reading may be unreliable.

• Questioning visual estimates. Some citations are based on an officer’s observation rather than technology. These estimates can be inaccurate, especially at long distances or in heavy traffic.

• Arguing necessity. In limited situations, a driver may argue that speeding was necessary to avoid an immediate danger or emergency, such as moving out of the way of a reckless driver.

• Negotiating a reduced charge. Even when the evidence of speeding is strong, an attorney may be able to persuade the court to reduce the offense to a lesser violation carrying only one DMV point.

• Court representation. Since a court appearance is mandatory for 100+ mph violations, having an attorney appear on your behalf not only saves you time but also ensures the strongest possible defense is presented.

Speak With a Los Angeles Traffic Defense Lawyer

If you have been cited for driving over 100 miles per hour under California Vehicle Code § 22348(b), the consequences can be far more serious than a typical speeding ticket. A conviction can mean thousands of dollars in fines, a license suspension, two DMV points that remain on your record for seven years, and skyrocketing insurance premiums. Because a mandatory court appearance is required, it is important to have an experienced traffic defense attorney on your side to protect your rights and your driving privilege.

At The Law Offices of Arash Hashemi, we have been defending drivers in Los Angeles for more than 20 years. Attorney Arash Hashemi  understands how judges and prosecutors handle 100+ mph speeding cases and knows the strategies that can reduce or even dismiss the charges. From challenging radar and lidar readings to negotiating reduced violations, our firm is committed to achieving the best possible outcome for every client.

Contact us today to schedule a confidential consultation. Early legal intervention can make the difference between a manageable resolution and a conviction that follows you for years.

The Law Offices of Arash Hashemi
11845 W Olympic Blvd #520
Los Angeles, CA 90064
📍 Get Directions

📞 Phone: (310) 448-1529
📧 Email: Contact@hashemilaw.com
🌐 Schedule a Free Consultation

🕒 Office Hours: Monday–Friday, 8:30 AM – 5:00 PM
Evening & weekend appointments available by request.

Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.

Vehicle Code § 21453(a) VC – Running a Red Light

Under California Vehicle Code § 21453(a), a driver facing a steady red signal must come to a complete stop at the limit line, or if none, before the near crosswalk, or if none, before entering the intersection, and remain stopped until a permissive indication appears. Related provisions address turns and arrows: after stopping, a driver may turn right on red (and left from a one-way to a one-way) unless a sign prohibits it (§ 21453(b)). A steady red arrow prohibits entering the intersection to make that movement (§ 21453(c)).

A 21453(a) VC citation can result in fines, one DMV point, increased insurance premiums, and—if the ticket is ignored—failure-to-appear exposure under § 40508 VC. Many citations are defensible, including camera cases (identity, timing, and visibility issues). If you were cited in Los Angeles, The Law Offices of Arash Hashemi can pursue dismissal, a no-point resolution, or other relief and often appear in court on your behalf.

Contact us today to schedule a free confidential consultation and explore the best options for resolving your citation.

Statutory Requirements Under 21453 VC

• 21453(a) VC — Stop requirement: Stop at the limit line; if none, before the near crosswalk; if none, before entering the intersection. Remain stopped until a signal permits movement.

• 21453(b) VC — Turns on red: After a full stop, right turn on red (and left from one-way to one-way) is permitted unless posted otherwise. Yield to pedestrians lawfully in the crosswalk and to approaching vehicles that present an immediate hazard.

• 21453(c) VC — Red arrows: Do not enter the intersection to make the indicated movement. Stop and wait for a permissive signal.

• 21453(d)–(e) VC — Pedestrians and due care: Pedestrians may not enter on steady red absent a pedestrian control signal; both drivers and pedestrians must exercise due care.

Citation: Cal. Veh. Code §§ 21453(a)–(e).

What Are the Penalties for Violating 21453(a) VC?

• Base fine: $100 for running a red light; $35 for an illegal turn at red (§ 21453(b)).

• Actual cost: Higher once county fees and assessments are added.

• DMV points: 1 point on your driving record (Veh. Code §12810).

• Negligent operator risk: Possible suspension if you accumulate 4 points in 12 months, 6 in 24, or 8 in 36 (Veh. Code §12810.5).

• Insurance: A conviction often triggers premium increases.

• Failure to appear: Ignoring the ticket can be charged under Vehicle Code §40508, a misdemeanor punishable by up to 6 months in county jail and/or a fine of up to $1,000 (Penal Code §19).

Can You Fight a Red-Light Camera Ticket Under 21453(a) VC?

California law permits automated cameras at certain intersections to capture red-light violations. These tickets are not automatic convictions and can be challenged. Common defenses include:

• You were not the driver (identity issues).

• The yellow light interval was too short or the signal was obstructed.

• Problems with chain of custody or reliability of the vendor’s records.

What Defenses Can Be Used Against a 21453(a) VC Ticket?

Every case depends on its facts, but common defenses include:

• You entered the intersection on yellow or completed a lawful turn after a full stop

• The traffic signal was obstructed, malfunctioning, or not visible

• Stopping would have caused an immediate hazard or emergency

• The officer’s observation was inaccurate or contradicted by video evidence

• Red-light camera records were unreliable, incomplete, or failed to prove driver identity

Can Traffic School Help With a 21453(a) VC Ticket?

Traffic school is not mandatory for a red-light violation, but many drivers choose it. If you are eligible (valid driver’s license, non-commercial vehicle, infraction, and no recent use of traffic school), completing a DMV-approved program usually prevents the DMV point from appearing on your public record. You must still pay the base fine and administrative fees.

When Does a 21453(a) VC Violation Become a Criminal Case?

On its own, a 21453(a) VC violation is treated as an infraction and does not carry jail time. However, prosecutors may pursue criminal charges if the red-light violation is tied to more serious conduct, such as:

• Driving under the influence (DUI)

• Reckless driving (Vehicle Code § 23103)

• An accident causing injury or death

• Hit-and-run allegations

In civil court, running a red light can also establish negligence per se, though comparative fault rules may still reduce or share liability.

What Should You Do After Receiving a 21453(a) VC Ticket or Camera Notice?

• Record details such as the intersection, traffic conditions, pedestrian activity, weather, and the signal’s status when you entered

• Preserve evidence including photos of the signal or limit line, dash-cam footage, and witness information

• Check the court date or response deadline listed on the ticket or notice

• Consult an attorney who can pursue dismissal, a no-point resolution, or a reduction—often without requiring you to appear in court

Speak With a Los Angeles Traffic Lawyer

A red-light ticket under Vehicle Code § 21453(a) may seem minor, but the consequences can add up quickly: steep fines, DMV points, higher insurance premiums, and even misdemeanor charges if you fail to appear. In cases where a red-light violation is tied to DUI, reckless driving, or an accident, the stakes are even higher. Having the right defense attorney on your side can make the difference between a costly conviction and a manageable outcome.

With over 20 years of experience, Attorney Arash Hashemi  has defended clients in Los Angeles traffic and criminal courts against charges ranging from simple infractions to serious felonies. He will review the facts of your citation, explain your options, and develop a strategy aimed at dismissal, a no-point resolution, or the most favorable result possible.

The Law Offices of Arash Hashemi
11845 W Olympic Blvd #520
Los Angeles, CA 90064
📍 Get Directions

📞 Phone: (310) 448-1529
📧 Email: Contact@hashemilaw.com
🌐 Schedule a Free Consultation

🕒 Office Hours: Monday–Friday, 8:30 AM – 5:00 PM
Evening & weekend appointments available by request.

Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.

If you’ve been accused of fraud, embezzlement, or another white collar crime, you’re not just facing an arrest. In many cases, prosecutors have been investigating quietly for months — sometimes years — before you even know you’re a target. By the time charges are filed, the government often believes its case is airtight. That’s why the defense strategy you put forward at the very beginning can be the single most important factor in the outcome.

At The Law Offices of Arash Hashemi, we have more than 20 years of experience representing clients in both California and federal courts against allegations of financial crimes. Many of these cases involve fraud or embezzlement — two of the most common white collar charges. But whether the accusation involves financial mismanagement, insider trading, or securities fraud, the earlier you act, the better your chances of securing a dismissal, reducing charges, or avoiding prison altogether.

What Are the Best Defense Strategies for White Collar Crimes?

The right defense depends on the specific facts of your case — the financial records, digital communications, witness testimony, and other evidence the government relies on. But there are recurring strategies that often make the difference in white collar cases.

Prosecutors must prove intent, and investigators must follow the law in how they gather evidence. Both of those issues are explored in detail below. Other defense approaches include showing that you had no knowledge or control over the transactions in question, or exposing flaws in accounting records, expert reports, or witness credibility.

White collar prosecutions often look strong at first glance, but a closer review can reveal weaknesses. A tailored defense strategy forces prosecutors to address those weaknesses and can shift the outcome from a conviction to a dismissal or reduced charge.

Can Lack of Intent Be a Defense in White Collar Cases?

Intent is often the central issue in white collar cases. Crimes such as fraud, embezzlement, and insider trading generally require proof that the accused acted knowingly and with the intent to deceive or misappropriate funds. Without that intent, there is no crime.

In practice, many white collar cases begin with mistakes rather than deliberate misconduct. A business executive may rely on incorrect information provided by others, a professional may follow company practices that later prove to be improper, or a partner may make decisions without the defendant’s knowledge. These situations may raise questions about judgment or oversight, but they do not establish criminal intent.

When the defense can show that the accused acted in good faith or without the intent to commit a crime, the prosecution’s case becomes significantly weaker. Demonstrating the absence of intent is one of the most effective ways to prevent a conviction or even to persuade prosecutors to dismiss charges before a case goes to trial.

What If the Evidence Against You Was Obtained Illegally?

In white collar prosecutions, the government’s case often rests on documents, emails, financial records, and electronic communications. However, that evidence is only admissible if it was obtained lawfully. Investigators must comply with constitutional protections when conducting searches, seizing property, or reviewing private communications.

If law enforcement exceeded the scope of a warrant, accessed bank records without proper authorization, or used surveillance methods beyond what the law permits, the defense can move to suppress that evidence. When key documents or recordings are excluded from trial, prosecutors may be left without the proof they need to move forward.

Challenging the legality of searches and seizures is not a technicality—it is a core constitutional safeguard. Courts take these violations seriously, and entire cases have been dismissed when it was shown that investigators acted outside the bounds of the law. For anyone facing a white collar prosecution, a careful review of how evidence was collected is essential.

How Do You Fight Fraud and Embezzlement Charges in California?

Fraud and embezzlement are two of the most common white collar charges in California, and each requires the prosecution to prove specific intent. For fraud, prosecutors must show that you knowingly misrepresented facts or engaged in deception to gain a financial benefit. For embezzlement, they must prove that you were entrusted with property or funds and intentionally used them for your own purposes.

A strong defense strategy focuses on undermining these elements:

• Lack of intent to deceive – Honest mistakes in recordkeeping, accounting, or business practices are not crimes. If you relied on incorrect information, misunderstood company policies, or acted in good faith, the prosecution may not have the evidence it needs.

• Insufficient proof of control or access – In embezzlement cases, prosecutors often rely on circumstantial evidence to tie missing funds to a particular employee or manager. If multiple people had access to accounts, systems, or property, that weakens their case.

• Errors in financial records – White collar cases depend heavily on paper trails. Defense attorneys can expose inaccuracies in audits, accounting reports, or the conclusions drawn by government experts.

• Alternative explanations – Not every unusual transaction is criminal. Poor management decisions, failed investments, or miscommunication among business partners can all be mistaken for intentional fraud.

By raising these defenses early, your lawyer can challenge the government’s assumptions, limit the evidence presented at trial, and often negotiate for reduced charges or dismissal.

How Can Entrapment Play a Role in White Collar Crime Defense?

Entrapment is a defense that applies when law enforcement crosses the line from investigation into persuasion. In many white collar cases, undercover agents or confidential informants are involved in financial transactions or business deals. If they merely observe and collect evidence, their conduct is lawful. But if they pressure or persuade someone to take part in a fraudulent act they would not otherwise have committed, the defense of entrapment may be raised.

For example, if an informant repeatedly urged you to join an investment scheme and you only agreed after persistent pressure, the court may find that you were entrapped rather than acting on your own initiative. The key issue is whether you were predisposed to commit the crime. If the evidence shows you would not have participated without government inducement, the charges may not stand.

Establishing entrapment is complex, but it can be one of the strongest strategies in a white collar case. A skilled defense attorney will carefully review communications, recordings, and other evidence to determine whether investigators went too far and whether the defense can be raised effectively in court.

What Other Defenses Can Be Effective in White Collar Cases?

Even if intent isn’t at issue, or the search wasn’t unlawful, there are still defenses that can end a case outright. These include situations where the government’s proof simply doesn’t hold up, or where your role has been misunderstood.

For example, prosecutors often rely on mountains of financial records and emails, but if they can’t clearly tie those documents to you, the case may fall apart. In other situations, multiple people may have had access to the same accounts or devices, creating real doubt about who was responsible for the transactions.

Some clients are pulled into cases because of pressure or threats from others. If you acted under duress — whether from a business partner, supervisor, or someone using intimidation — that changes the legal analysis.

Finally, timing can be critical. White collar cases often take years to investigate, but prosecutors have deadlines. If they wait too long to file charges, your lawyer can move to have the case dismissed under the statute of limitations.

Speak With a Los Angeles White Collar Crime Defense Attorney

If you believe you are under investigation, have received a subpoena, or have already been charged with a white collar crime, do not wait to get legal representation. Prosecutors often build their case long before an arrest is made, and every step you take without an attorney can make your situation more difficult.

Early intervention allows a defense lawyer to challenge the government’s narrative, present evidence in your favor, and sometimes prevent charges from being filed at all. Waiting until your first court date can mean lost opportunities.

At The Law Offices of Arash Hashemi, we have over 20 years of experience defending professionals, executives, and business owners facing complex state and federal investigations. We understand what is at stake — your career, your reputation, and your freedom — and we act quickly to protect them.

The Law Offices of Arash Hashemi
11845 W Olympic Blvd #520
Los Angeles, CA 90064
📍 Get Directions

📞 Phone: (310) 448-1529
📧 Email: Contact@hashemilaw.com
🌐 Schedule a Free Consultation

🕒 Office Hours: Monday–Friday, 8:30 AM – 5:00 PM
Evening & weekend appointments available by request.

Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.

Can a Grand Larceny Charge Be Dismissed?

Being charged with grand larceny in California — legally referred to as grand theft under Penal Code § 487 PC — is a serious matter. Unlike petty theft, grand larceny usually involves property valued at more than $950 or items such as vehicles or firearms. It is often filed as a felony and carries the possibility of years in state prison, fines of up to $10,000, restitution, and a permanent criminal record.

But a charge is not the same as a conviction. With the right defense strategy, it is possible to beat a grand larceny charge, whether through dismissal, reduction to a lesser offense, or avoiding jail altogether.

At The Law Offices of Arash Hashemi, we have defended theft and property crime cases in Los Angeles for more than 20 years. We know how prosecutors build these cases — and how to dismantle them. Below, we explain what the state must prove and the most effective defenses to fight grand larceny charges in California.

What Is Grand Larceny in California?

In California, grand larceny (commonly called grand theft) is defined under Penal Code § 487 PC. The law applies when:

• The value of the property allegedly taken is more than $950, or

• The property involves specific items such as a firearm, motor vehicle, or certain animals, regardless of value.

Unlike petty theft, grand larceny is a “wobbler” offense, meaning prosecutors can file it as either a misdemeanor or a felony depending on the facts of the case and the defendant’s criminal history.

A felony conviction for grand larceny can result in:

• Up to 3 years in state prison

• Fines of up to $10,000

• Court-ordered restitution to the alleged victim

• Serious collateral consequences, including immigration problems, loss of professional licenses, and barriers to employment

Because of these penalties, anyone accused should focus on how to beat a grand larceny charge before it reaches trial. The next sections explain the defenses that can lead to a dismissal or reduction.

How to Beat a Grand Larceny Charge: Defense Strategies That Work

To convict you of grand larceny under California Penal Code § 487 PC, prosecutors must prove every element of the crime beyond a reasonable doubt. A skilled defense attorney can attack those weak points and show the court that the evidence does not support a conviction.

Here are the most effective defenses:

Lack of Intent

One of the strongest ways to beat a grand larceny charge is by challenging the element of intent. Under Penal Code § 487 PC, the prosecution must prove you intended to permanently deprive the rightful owner of their property. Without intent, there is no grand larceny.

Situations where lack of intent may apply include:

• You honestly believed the property was yours.

• You had permission from the owner, or reasonably thought you did.

• You intended to return the property, not keep it permanently.

• The incident was the result of a misunderstanding or mistake, not criminal conduct.

Because intent exists only in a person’s mind, prosecutors often rely on circumstantial evidence—like texts, surveillance footage, or behavior after the alleged theft. An experienced defense attorney can highlight the lack of clear proof, present evidence of your good faith, and argue that the state cannot meet the burden of proving criminal intent beyond a reasonable doubt.

If successful, this defense can result in dismissal of the charges or a reduction to a non-theft offense.

Consent of the Owner

Grand larceny cannot be proven if the owner of the property consented to you taking or using it. Under California law, larceny requires a taking without the owner’s permission. If permission existed — even if later disputed — the case may not rise to the level of a crime.

Examples of how this defense may apply:

• The property was loaned or shared, and the owner later claimed it was stolen.

• A business or personal partner gave you access to funds or property, and disagreements arose after the fact.

• Family or household property was taken with implied or past permission, making the dispute more civil than criminal.

• The owner’s statements or actions at the time suggested authorization, even if they later tried to retract it.

A defense attorney can present texts, emails, contracts, or testimony that show the owner knowingly allowed you to take or use the property. By reframing the issue as a misunderstanding or civil dispute, your lawyer can argue that no crime was committed at all.

When raised effectively, a consent defense can lead to dismissal of charges or a significant reduction, keeping the matter out of criminal court.

Mistaken Identity or False Accusations

Grand larceny charges often rest on eyewitness testimony, surveillance footage, or accusations from individuals claiming their property was stolen. These forms of evidence are not always reliable, and mistakes can easily lead to someone being falsely accused.

Common issues that arise include:

• Eyewitness error – Studies show witnesses frequently misidentify suspects, especially in stressful situations or when limited visibility is involved.

• Poor-quality surveillance – Security footage can be grainy, obstructed, or inconclusive, making it difficult to prove who actually took the property.

• Personal disputes – Accusers in family, business, or relationship conflicts may falsely claim theft as leverage in a broader disagreement.

• Mistaken assumptions – A person might assume property was stolen when it was borrowed, misplaced, or used with prior permission.

A skilled defense attorney can challenge the credibility of witnesses, request forensic analysis of video evidence, and highlight inconsistencies in the accuser’s statements. In some cases, your lawyer may even present alibi evidence or alternative explanations that show you could not have committed the crime.

By casting doubt on the accuracy of the identification or the truthfulness of the accusation, your attorney can create reasonable doubt—often enough to secure a dismissal or acquittal.

Entrapment

Entrapment occurs when law enforcement or security personnel persuade, pressure, or trick someone into committing a crime they would not have committed on their own. In grand larceny cases, this defense can be powerful, but it requires showing that the idea to steal originated with the authorities—not with you.

Examples that may support an entrapment defense include:

• Undercover officers or store security urging you to take an item you initially refused.

• Repeated pressure or persuasion from an informant to participate in a theft or scheme.

• Manufactured opportunities, such as staging a situation in a way designed to push someone into stealing who otherwise had no intention.

To prove entrapment, your attorney must show:

1. You were not predisposed to commit theft, and

2. The government’s conduct went beyond observation into active inducement or coercion.

If successful, this defense can result in a complete dismissal of the charges, since the law does not allow convictions based on crimes essentially created by law enforcement. A defense attorney will carefully analyze communications, recordings, and security reports to determine whether investigators crossed the line. When they do, the entrapment defense can turn a case around entirely.

Value of the Property

In California, the difference between petty theft and grand larceny (grand theft) often comes down to one factor: the value of the property. Under Penal Code § 487, prosecutors must prove that the property allegedly taken was worth more than $950 (unless it involves items like firearms, vehicles, or certain animals, which are automatically treated as grand theft).

If your attorney can successfully challenge the prosecution’s valuation, the charge may be reduced to petty theft under Penal Code § 484 — a misdemeanor with far lighter consequences.

Ways the defense can challenge value include:

• Disputing appraisals: The prosecution may rely on retail price or replacement value rather than fair market value at the time of the incident.

• Questioning evidence of worth: Receipts, estimates, or testimony may be incomplete, outdated, or exaggerated.

• Condition of the property: Items that were used, damaged, or missing parts may be worth significantly less than claimed.

• Expert testimony: A defense-hired appraiser or industry expert can provide a more accurate valuation.

If the property is shown to be under the $950 threshold, the case shifts from a felony-level grand larceny to a misdemeanor petty theft. That reduction alone can mean avoiding prison, reducing fines, and protecting your record from a felony conviction.

Duress

A grand larceny charge may not stand if the alleged theft was committed under duress. California law recognizes that a person is not acting with free will when they are forced to commit a crime due to threats or intimidation.

To raise duress as a defense, the attorney must show:

• Immediate threat: You or a close family member faced a threat of serious bodily harm or death.

• Direct connection: The threat compelled you to take the property — meaning you wouldn’t have acted otherwise.

• No reasonable escape: You had no safe way to avoid the threatened harm without complying.

For example, if someone threatened violence unless you stole an item for them, your attorney can argue that you were coerced into the act. In these situations, the law recognizes that criminal liability should not rest on someone who had no genuine choice in their actions.

While duress is not always easy to prove, when supported by evidence — such as witness statements, text messages, or other corroboration — it can provide a strong basis for dismissal or acquittal.

Insufficient Evidence

In many grand larceny cases, the prosecution’s case is built on circumstantial evidence — such as security footage, partial witness accounts, or inconsistent records. But in California, the state must prove every element of the charge beyond a reasonable doubt.

Weaknesses that can be challenged include:

• Unreliable witnesses: Eyewitness identifications are often mistaken, especially in stressful or fast-moving situations.

• Unclear video or photos: Surveillance footage may be low quality, inconclusive, or fail to clearly identify the accused.

• Missing or contradictory records: Gaps in financial records, receipts, or property valuations can undermine the state’s case.

• Inconsistent testimony: If the accuser’s story changes or does not align with the evidence, credibility issues arise.

When these gaps create reasonable doubt, the jury cannot convict. An experienced defense attorney will highlight these weaknesses through cross-examination, expert testimony, and motions to exclude unreliable evidence. In some cases, exposing insufficient proof can lead to the dismissal of charges before trial.

Can Grand Larceny Charges Be Reduced in California?

A complete dismissal is always the goal, but when that outcome isn’t realistic, charges can often be reduced through strategic negotiation. Grand larceny is a “wobbler” offense, meaning it can be filed as either a misdemeanor or a felony. A skilled defense attorney can push to have the case charged — or refiled — at the lower level, or seek reductions to lesser offenses altogether.

One option is to argue that the property was worth less than $950. If successful, the charge may be reduced to petty theft under Penal Code § 484, which carries far lighter penalties such as fines, probation, or short jail terms rather than years in state prison. In other cases, prosecutors may agree to reduce the case to attempted theft, which significantly lowers sentencing exposure.

Another avenue is negotiating alternatives that focus on restitution or rehabilitation instead of punishment. Depending on the circumstances, judges may allow resolutions that involve paying restitution to the alleged victim, completing counseling, or performing community service in exchange for dismissal.

Even when dismissal isn’t on the table, reducing a grand larceny charge can protect your record, your career, and your future. The earlier you involve a defense attorney, the more leverage you have to pursue these outcomes.

Speak With a Los Angeles Grand Larceny Defense Attorney

The most important step you can take is to put an experienced Los Angeles criminal defense lawyer in your corner as early as possible. The sooner your lawyer gets involved, the better the chances of suppressing evidence, negotiating reduced charges, or even getting the case dismissed outright. Attorney Arash Hashemi has spent more than 20 years defending clients across Los Angeles County against theft and property crime allegations. We understand how prosecutors approach larceny cases — and we know how to dismantle them piece by piece.

Don’t wait until your first court date to protect yourself. Take control of your case now. When you contact our firm, Attorney Hashemi will personally review the details of your case, explain your defense options, and begin building a strategy tailored to your situation.

The Law Offices of Arash Hashemi
11845 W Olympic Blvd #520
Los Angeles, CA 90064
📍 Get Directions

📞 Phone: (310) 448-1529
📧 Email: Contact@hashemilaw.com
🌐 Schedule a Free Consultation

🕒 Office Hours: Monday–Friday, 8:30 AM – 5:00 PM
Evening & weekend appointments available by request.

Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.

Under California Penal Code 315 PC , it is a misdemeanor to keep, manage, or willfully reside in what the law calls a “house of ill-fame” — essentially, any location used for prostitution or habitual lewd acts.

This statute is aimed at both:

• Operators and managers of brothels or properties where prostitution takes place, and

• Individuals who knowingly live in those locations, even if they are not directly involved in the sex work itself.

Importantly, “common repute” can be used as evidence in these cases. That means prosecutors may rely on a property’s general reputation in the community, its history of arrests, or the known activities of its occupants to prove it was being used as a house of prostitution.

Because of these broad standards, PC 315 charges can be filed against landlords, tenants, and even individuals simply residing at the property if the prosecution claims they knew about the illegal activity.

What California Penal Code 315 PC Prohibits

The statute makes it a crime to be involved with a property that is used for prostitution in either of two ways:

• Keeping or managing a house of prostitution.
  This applies to anyone who owns, operates, manages, or controls a location where prostitution or lewd acts are habitually carried out. Liability can extend to landlords or property managers who knowingly rent or allow their property to be used for these purposes. The law defines “house” broadly, covering not only private residences but also motels, apartments, massage parlors, and adult clubs.

• Willfully residing in a house of prostitution.
  It is also a violation to live in a property used for prostitution with knowledge of that fact. A person does not need to personally engage in or profit from prostitution to be charged under this section. Simply residing there while aware of the illegal activity can be enough for prosecution.

Key Elements of Keeping or Residing in a House of Prostitution

To secure a conviction under California Penal Code  315 PC, prosecutors must prove each element of the crime beyond a reasonable doubt. These elements include:

• Keeping a house of prostitution.
  The defendant kept, managed, or controlled a property that was habitually used for prostitution or lewd conduct.

• Willful residence.
  The defendant knowingly resided in such a property, aware that prostitution was taking place there.

Evidence in PC 315 Cases

California law makes these prosecutions unique because “common repute” can be used as evidence. This means the jury may hear about:

• The general reputation of the house in the community,

• Testimony about the activities associated with the location, and

• The character of the individuals known to reside or work there.

Unlike many other criminal statutes, prosecutors do not have to rely only on direct evidence of prostitution. Instead, they can argue that the property’s notoriety or reputation is enough to establish its use as a house of prostitution.

Penalties for Violating Penal Code § 315 PC

A violation of California Penal Code 315 PC is prosecuted as a misdemeanor. The sentence can include jail time, fines, and probation, with harsher consequences for repeat convictions.

First Offense

• Up to 6 months in county jail

• A fine of up to $1,000

• The court may grant summary probation, which can include community service and other conditions in place of, or in addition to, jail time

Repeat Offenses

• A second conviction carries a minimum of 45 days in county jail

• A third or subsequent conviction carries a minimum of 90 days in county jail

• Fines and probation conditions may still apply

Civil Consequences

In addition to criminal penalties, properties used for prostitution may be targeted under California’s Red Light Abatement Law. This civil statute allows the government to:

• Seek an injunction to shut down the property,

• Pursue forfeiture or forced sale of the premises, and

• Impose additional financial penalties on property owners.

Common Legal Defenses to Penal Code 315 PC

Being charged with keeping or residing in a house of prostitution does not automatically mean a conviction. The prosecution must prove every element of the offense, and several defenses may be available depending on the facts of the case.

Lack of knowledge
You cannot be guilty under PC 315 if you did not know prostitution was taking place. For example, a tenant who rents a room in a house without being aware of its use for prostitution may have a strong defense.

Insufficient evidence
Prosecutors often rely on circumstantial evidence or “common repute.” If the evidence is weak, unreliable, or based only on assumptions about the property’s reputation, it may not be enough to convict.

Entrapment
If law enforcement pressured or induced you into behavior you would not have otherwise engaged in, the defense of entrapment may apply.

False accusation or mistaken identity
Disputes with landlords, neighbors, or tenants sometimes lead to false reports of prostitution activity. If the allegations were fabricated or misdirected at the wrong person, the charge should not stand.

Speak With a Los Angeles Criminal Defense Lawyer

If you have been accused of keeping or residing in a house of prostitution under Penal Code § 315, do not wait to get legal advice. Even a misdemeanor charge can mean jail time, mandatory minimums for repeat convictions, immigration issues, and long-term damage to your record. Attorney Arash Hashemi has over 20 years of experience defending clients in Los Angeles against prostitution-related charges.

Our firm examines the evidence, challenges the use of “common repute,” and works to resolve cases before penalties become severe. Contact us today to schedule a confidential consultation with an experienced Los Angeles criminal defense lawyer. Early legal representation can make the difference in how your case is resolved.

The Law Offices of Arash Hashemi
11845 W Olympic Blvd #520
Los Angeles, CA 90064
📍 Get Directions

📞 Phone: (310) 448-1529
📧 Email: Contact@hashemilaw.com
🌐 Schedule a Free Consultation

🕒 Office Hours: Monday–Friday, 8:30 AM – 5:00 PM
Evening & weekend appointments available by request.

Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.

In California, committing a killing while lying in wait makes it first-degree murder under Penal Code § 189. If prosecutors also allege and prove the lying-in-wait special circumstance under Penal Code § 190.2(a)(15)—which requires an intentional murder carried out while lying in wait—the sentence becomes life without the possibility of parole (LWOP) or death. California currently has a gubernatorial moratorium on executions, but the death-penalty statute remains in effect, and LWOP sentences are enforced.

What “Lying in Wait” Means

In California, a murder is “by lying in wait” when the killing is carried out through concealment, waiting, and a surprise attack:

• Concealment of purpose.
  The defendant hid their intent from the victim. Physical hiding isn’t required—someone can stand in plain view yet mask a lethal purpose.

• A substantial period of watching and waiting.
  There must be a meaningful interval of surveillance or waiting that shows planning and deliberation. There’s no fixed minimum time; courts look at the circumstances and whether the pause reflects calculated watchfulness.

• A surprise attack from a position of advantage.
  The assault is launched when the victim is vulnerable or unsuspecting—an ambush rather than a face-to-face, spontaneous fight.

For first-degree murder under Penal Code § 189, prosecutors must also prove the intent to kill along with these lying-in-wait features. For the special circumstance under Penal Code § 190.2(a)(15), the jury must find an intentional murder committed while lying in wait.

Example

After a dispute, Alex studies Jordan’s routine and waits behind a hedge near Jordan’s front path for several minutes, staying quiet so Jordan won’t suspect anything. When Jordan approaches the door, Alex rushes out and attacks without warning, causing death. If proven, those facts support concealed purpose, watching and waiting, and a surprise attack, making it first-degree murder by lying in wait and exposing Alex to the special circumstance allegation.

Elements the Prosecution Must Prove

In California, to secure a conviction for first-degree murder by lying in wait, the prosecution must prove all of the following elements beyond a reasonable doubt:

• An unlawful killing occurred. The act resulted in the death of another human being, committed with malice aforethought.

• Intent to kill. The defendant acted with the specific purpose of causing the victim’s death.

• Murder committed while lying in wait. This means the defendant:

  • concealed their purpose from the victim,

  • engaged in a substantial period of watching and waiting that demonstrates planning and deliberation, and

  • launched a surprise attack from a position of advantage when the victim was vulnerable.

When the State alleges the lying-in-wait special circumstance under Penal Code § 190.2(a)(15), the jury must also find that the murder was intentional and committed while lying in wait. A true finding elevates the penalty from the standard 25 years to life for first-degree murder (Penal Code § 190(a)) to life without the possibility of parole (LWOP) or death.

Penalties and Sentencing for Lying-in-Wait Murder

A conviction for lying-in-wait murder carries the most severe punishments available under California law:

• First-degree murder (Penal Code § 189; § 190(a))
  A killing proven to have been committed by lying in wait is automatically first-degree murder, punishable by 25 years to life in state prison.

• Special circumstance—lying in wait (Penal Code § 190.2(a)(15))
  If the jury finds the lying-in-wait special circumstance true, the penalty increases to life without the possibility of parole (LWOP) or death. Although California currently has a moratorium on executions, the death penalty statute remains in effect, and LWOP sentences are actively enforced.

• Sentencing enhancements
  Additional penalties can be imposed if other factors are proven, such as firearm use under Penal Code § 12022.53, which can add 10, 20, or 25 years to life depending on how the firearm was used.

Legal Defenses Against a Lying-in-Wait Murder Charge

Because a lying-in-wait allegation can turn a murder case into a life-without-parole sentence, the defense focuses on dismantling the prosecution’s theory element by element. Common defenses include:

• No concealment, no waiting, no surprise.
  Prosecutors must show the defendant hid their purpose, watched and waited for an opportunity, and carried out a surprise attack. If the evidence shows a spontaneous confrontation or a fight that unfolded openly, those elements are missing. Without them, the charge cannot be lying-in-wait murder.

• Mistaken identity or weak identification.
  Eyewitness accounts can be unreliable, especially in poor lighting, stressful situations, or with brief observation. Inconsistencies in timelines or physical descriptions can undermine the claim that the defendant was the attacker or present at all.

• Self-defense or imperfect self-defense.
  If the accused reasonably believed deadly force was necessary to prevent imminent harm, the homicide may be justifiable. Even if that belief was unreasonable, it can reduce the charge to voluntary manslaughter under Penal Code § 192(a) by negating malice.

• Heat of passion.
  When the killing followed a sudden quarrel or provocation that would cause an ordinary person to act rashly, malice may be eliminated, reducing murder to voluntary manslaughter.

• Suppression of unlawfully obtained evidence.
  Statements taken without Miranda warnings, coerced confessions, or evidence obtained through illegal searches or seizures can be excluded. This is raised through motions under Penal Code § 1538.5, the Fourth and Fifth Amendments, and California Constitution, article I, section 13.

Speak With a Los Angeles Murder Defense Lawyer

If you or a loved one is under investigation or has been charged with lying in wait murder, it is critical to have an experienced defense attorney involved immediately. Speaking to police or investigators without legal representation can severely limit your options.

With over 20 years of experience defending homicide cases in Los Angeles County, Attorney Arash Hashemi provides focused, strategic representation in cases involving allegations of lying in wait. Our office works quickly to secure evidence, challenge the prosecution’s theory, and protect your rights at every stage of the case.

The Law Offices of Arash Hashemi
11845 W Olympic Blvd #520
Los Angeles, CA 90064
📍 Get Directions

📞 Phone: (310) 448-1529
📧 Email: Contact@hashemilaw.com
🌐 Schedule a Free Consultation

🕒 Office Hours: Monday–Friday, 8:30 AM – 5:00 PM
Evening & weekend appointments available by request.

Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.

In California, being accused of misusing public funds is a serious matter — and it doesn’t just apply to politicians.Whether you’re a city employee, government contractor, or anyone entrusted with taxpayer money, even a small mistake can lead to felony charges, prison time, and a permanent ban from holding public office.

Under California Penal Code 424, it’s a felony offense to misappropriate public money. This includes using funds for personal expenses, loaning them out, keeping false records, or refusing to transfer money as required by law. The penalties are harsh: up to four years in state prison, fines of $10,000, restitution, and long-term damage to your career and reputation.

If you’re in this situation, the most important step you can take is to speak with an experienced Los Angeles criminal defense attorney as early as possible — ideally before charges are even filed.

Who Can Be Charged Under Penal Code 424 PC?

PC 424 does not only apply to elected officials or high-level government employees. The law is written broadly to cover anyone who has legal control over public funds and misuses them. This means criminal liability can extend far beyond politicians.

Those who can be charged include:

• Public officers of the State of California, or of any county, city, town, district, or other local government entity.

• Employees or agents who are officially responsible for receiving, safeguarding, transferring, or disbursing public money.

• Non-government individuals entrusted with public funds, such as contractors, accountants, or even university staff who handle student payments on behalf of a public institution.

Importantly, the statute applies regardless of the person’s rank or salary. A city treasurer, a clerk managing departmental funds, or a university registrar who mishandles tuition money could all face felony charges under PC 424. Because the law is so broad, people sometimes find themselves accused of misappropriation even when the alleged misuse was minor, unintentional, or part of a misunderstanding.

Penalties for Misappropriation of Public Funds

A violation of Penal Code 424 PC is classified as a felony and carries mandatory consequences. If convicted, a defendant may face:

• State prison time of two (2), three (3), or four (4) years

• Formal felony probation in lieu of incarceration, subject to strict terms

• A fine of up to $10,000

• An order of restitution requiring repayment of the misused public funds

• Permanent disqualification from holding public office anywhere in California

Unlike many other financial crimes, misappropriation of public funds is not treated as a “wobbler.” It is always a felony, and the lifetime ban from public office is automatic upon conviction. This makes the stakes particularly high for public employees, elected officials, or anyone entrusted with taxpayer money.

If you’ve been arrested for a firearm offense in California, the legal paperwork can be confusing. Many people are surprised to see more than one gun law listed on their charge sheet — especially when it involves Penal Code 25400(a)(1) PC (carrying a concealed firearm) and Penal Code 25850 PC (carrying a loaded firearm in public).

At first glance, these charges appear similar. In reality, they target two different situations:

• PC 25400(a)(1) PC focuses on whether the firearm was concealed on your person or inside a vehicle without a permit.

• PC 25850 PC focuses on whether the firearm was loaded in a public place, whether hidden or openly carried.

That distinction — concealed versus loaded — may sound simple, but in practice these charges often overlap, and it’s not uncommon for prosecutors to file both charges at the same time.

At The Law Offices of Arash Hashemi, our team has more than 20 years of experience defending clients against firearm allegations in Los Angeles. If you or someone you love has been arrested under either statute, speak with a skilled Los Angeles gun crime lawyer today to protect your future and explore your defense options.

Penal Code 25400(a)(1) PC – Carrying a Concealed Firearm

Under PC 25400(a)(1) PC, it is illegal to carry a concealed firearm on your person or inside a vehicle unless you have a valid concealed carry permit. Concealment means the weapon is not openly visible — prosecutors don’t need to prove you were trying to hide it, only that it wasn’t in plain sight.

Examples of concealed carry include:

• A pistol tucked into your waistband under a shirt or jacket.

• A handgun hidden in the glove compartment or under a car seat.

• A revolver carried in a backpack, purse, or briefcase.

Penalties for PC 25400(a)(1) PC

• Misdemeanor: A first-time gun charge in California under PC 25400 is often filed as a misdemeanor. Penalties may include up to 1 year in county jail, fines, and probation.

• Felony (“wobbler”): If aggravating factors exist — such as a prior felony conviction, possession of a stolen firearm, or gang involvement — prosecutors can file the case as a felony. Penalties may include 16 months, 2 years, or 3 years in county jail.

• Three Strikes Law: In certain felony cases, carrying a concealed firearm can count as a strike offense, which can dramatically increase sentencing if you face future charges.

Because PC 25400 is a wobbler offense, one of the most important parts of your defense strategy is persuading the court to reduce the charge or have it dismissed altogether. Our defense attorney can often argue for alternatives, especially if this is your first gun-related arrest.

Penal Code 25850 PC – Carrying a Loaded Firearm in Public

PC 25850 makes it a crime to have a firearm that is loaded while in a public place or in a vehicle on a public street. It doesn’t matter whether the weapon is concealed or visible — what matters is that it was accessible and ready to fire.

Examples of violations include:

• Having a loaded handgun visible in a holster at a public park.

• Carrying a pistol tucked into your waistband with a magazine inserted while walking down the street.

• Keeping a rifle in your car with a round chambered, even if it’s partially hidden.

Penalties for PC 25850

• Misdemeanor: Up to 1 year in county jail, fines, and probation.

• Felony: If aggravating factors apply — such as prior felony convictions, possession of a stolen weapon, or gang allegations — penalties may include 16 months, 2 years, or 3 years in county jail.

• Enhancements: Sentences can increase dramatically if the firearm was used in connection with another crime, if the alleged victim suffered injury, or if prosecutors file gang-related enhancements.

Because prosecutors often stack PC 25850 with other firearm or violent crime charges, a conviction can quickly spiral into years of prison time. Even if this is your first-time gun charge in California, the stakes are high. The good news is that it’s possible to challenge the evidence, fight for a reduction, or in some cases, have the case dismissed altogether. Our criminal defense attorney can review the facts of your situation and build a defense strategy focused on protecting your future.

Key Difference Between PC 25400 and PC 25850

PC 25400(a)(1) – Carrying a Concealed Firearm: Prosecutors only need to prove that the gun was hidden from plain view. The firearm does not need to be loaded.

PC 25850 – Carrying a Loaded Firearm in Public: Here, the issue is whether the gun was loaded in a public place or in a vehicle on a public street. The weapon may be concealed or carried openly — what matters is that it was ready to fire.

In practice, this means:

• If a weapon is hidden but not loaded, the charge is usually PC 25400(a)(1) PC.

• If a gun is loaded and accessible in a public setting, it may be charged under PC 25850 PC.

• If the firearm is both concealed and loaded, prosecutors can — and often do — file both charges at the same time.

Can You Be Charged With Both?

Yes. It’s very common for prosecutors to file both charges in the same case. This happens because the laws target different aspects of gun possession, and the same facts can satisfy both statutes.

Example 1 – Traffic Stop:
You’re pulled over for a minor traffic violation. During the stop, police search your car and find a handgun hidden under the seat. It’s loaded.

• PC 25400(a)(1) PC applies because the gun was concealed.

• PC 25850 PC applies because the gun was loaded in a vehicle on a public street.
  Result: Both charges may be filed.

Example 2 – Street Encounter:
You’re walking down the street with a pistol tucked into your waistband, magazine inserted, and covered by a hoodie.

• PC 25400(a)(1) PC applies because the weapon was concealed from public view.

• PC 25850 PC applies because it was loaded in public.
  Result: Again, both charges may be filed.

Prosecutors often stack firearm charges like this because it increases their bargaining power. By filing multiple counts, they create more exposure for you, which makes it easier for them to pressure you into a plea deal. This is why it’s so important to have a defense attorney who understands how to challenge overlapping charges, argue for dismissals, and reduce exposure at every stage of the case.

Legal Defenses to PC 25400 and PC 25850

One common defense is lack of knowledge. Prosecutors must prove you knew the firearm was present. If the weapon belonged to someone else and was left in your car, backpack, or jacket without your awareness, then the knowledge element is missing. Without proof that you knowingly possessed the gun, a conviction cannot stand.

Another defense is the absence of intent to conceal. PC 25400 applies only when a firearm is hidden from plain view. If the gun was openly visible — for example, in a holster on your belt or resting on the passenger seat — then it does not qualify as “concealed” under the statute. This difference can mean avoiding a criminal conviction altogether.

Challenges to an illegal search or seizure are also powerful in firearm cases. If law enforcement discovered the weapon through a stop that lacked probable cause, a search that exceeded the scope of a warrant, or another violation of your rights, the court may suppress the evidence. Without the firearm, the prosecution’s case often falls apart.

Permit issues can also arise. California’s firearm laws are complicated, and sometimes lawful gun owners are arrested despite having a valid concealed carry permit (CCW) or transporting the firearm in a way that complies with state law. In these cases, proper documentation and a clear explanation of the law can form a strong defense.

Finally, in rare circumstances, self-defense exceptions may apply. California law allows individuals to carry or use a firearm when they reasonably believe they or someone else face imminent danger of death or great bodily injury. If the facts support this argument, it may justify the possession or use of the weapon.

A key part of defense strategy is understanding how to beat a gun charge in California. Depending on the facts, our attorney may be able to argue for dismissal, reduction to a misdemeanor, or even acquittal at trial.

Can Gun Charges Be Dismissed?

Dismissals are possible when police violate your rights. If you were pulled over without probable cause, detained unlawfully, or searched without legal justification, your attorney can move to suppress the firearm. Once that evidence is excluded, the prosecution often cannot move forward.

Cases are also dismissed when the state cannot prove possession. This commonly happens when a firearm is found in a car with multiple passengers or in a shared residence. If prosecutors cannot show that you knowingly possessed the gun, they may have no choice but to drop the case.

Sometimes dismissal turns on whether the gun met the legal requirements of the charge. For example, PC 25850 requires the weapon to be “loaded.” If the firearm did not qualify as loaded under California law, that charge may not hold. Similarly, PC 25400(a)(1) requires proof that the firearm was concealed. If it was in plain sight, the court may dismiss the case.

Not every case ends with a dismissal, but that does not mean you are out of options. Our defense attorney can often negotiate for a reduction to a lesser offense, argue for probation instead of jail, or push for alternatives that keep a felony off your record.

Contact our Los Angeles Gun Crime Lawyer Today

The most important step you can take is to act quickly. Early intervention by an experienced Los Angeles criminal defense attorney is critical because it allows your lawyer to preserve evidence, challenge police procedures, and begin negotiations with the prosecutor before the case gains momentum. The sooner you seek legal advice, the better your chances of a favorable resolution.

At The Law Offices of Arash Hashemi, our team has more than 20 years of experience defending clients against firearm and violent crime charges in Los Angeles. We understand how prosecutors build these cases, and we know how to fight back — whether through motions to suppress unlawfully obtained evidence, challenging the prosecution’s proof, or negotiating with the prosecutor for reduced charges or dismissal.

Contact our office today for a free, confidential consultation. Attorney Arash Hashemi will personally review your case, explain your legal options, and develop a defense strategy focused on protecting your rights and your future.

The Law Offices of Arash Hashemi
11845 W Olympic Blvd #520
Los Angeles, CA 90064
📍 Get Directions

📞 Phone: (310) 448-1529
📧 Email: Contact@hashemilaw.com
🌐 Schedule a Free Consultation

🕒 Office Hours: Monday–Friday, 8:30 AM – 5:00 PM
Evening & weekend appointments available by request.

Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.

Can You Beat a Concealed Weapons Charge in California?

Being arrested for carrying a concealed weapon in California can feel overwhelming, especially if it’s your first encounter with the criminal justice system. California has some of the strictest gun laws in the country, and prosecutors often push aggressively for convictions to “make an example” out of defendants. A simple mistake — like transporting a firearm incorrectly in your car or keeping one hidden without realizing it violates state law — can suddenly put you at risk of jail time, fines, the loss of your gun rights, and a permanent criminal record.

Most concealed firearm cases are filed under California Penal Code § 25400 PC (Carrying a Concealed Firearm). Depending on the circumstances, prosecutors may also add PC § 25850 (Carrying a Loaded Firearm in Public) or other enhancements if they believe the gun was tied to drugs, gang activity, or another crime. These details are critical, because they often determine whether the case is charged as a misdemeanor or a felony — and whether you’re facing probation or years in state prison.

But here’s the truth: being charged under PC 25400 or a related statute does not automatically mean you will be convicted. To prove the case, prosecutors must show not only that you had a firearm, but that it was unlawfully concealed and under your control. That leaves room for multiple defense strategies that can weaken, reduce, or even dismiss the case entirely.

Attorney Arash Hashemi has over 20 years of experience defending clients in Los Angeles County against firearm charges. Our firm has successfully challenged cases where police overstepped in their searches, where the firearm didn’t legally qualify as “concealed,” and where clients had no intent to break the law. The earlier we intervene, the more opportunities there are to expose weaknesses in the state’s case and protect your record and your freedom.

Some of the most effective defenses to concealed weapons charges depend on the specific facts of your case. At The Law Offices of Arash Hashemi, we carefully review the police reports, body-cam footage, and all available evidence to identify weak spots in the prosecution’s case. Common defense strategies include:

• Unlawful Search and Seizure – If the firearm was found during a stop or search that violated your constitutional rights, the evidence may be thrown out. For example, if police searched your car without probable cause or consent, the weapon they found cannot be used against you.
• Not Truly “Concealed” – California law has strict definitions for what counts as “concealed.” If the firearm was stored in a locked case in your trunk, or was otherwise not readily accessible, the charge may not apply.
• Lack of Knowledge – Prosecutors must prove you knew the weapon was there. We’ve seen cases where a firearm belonged to a family member or was left in a borrowed vehicle, yet the driver was still arrested. These situations can create powerful defenses.
• Legal Exceptions – California law includes many exceptions for transporting or storing firearms. If you fall into one of these categories, your actions may have been lawful despite the arrest.

In other cases, we challenge the way charges are filed. Prosecutors often overcharge gun cases, trying to turn a simple concealed carry violation into a felony by attaching additional allegations, such as gang or drug involvement. Our firm pushes back against these tactics, working to reduce charges to the lowest possible level or negotiating alternatives like diversion programs.

The biggest mistake many people make is waiting until their first court date to seek help. By then, prosecutors may already have built their case and committed to filing the harshest version of the charge. Acting quickly allows us to intervene early, present favorable evidence, and sometimes convince the District Attorney not to proceed with the case at all.

Attorney Arash Hashemi personally reviews every case, listens to your side of the story, and builds a defense strategy tailored to your situation. The goal is clear: beat the charge whenever possible — or minimize the consequences so you can move forward with your life. The sooner we get involved, the stronger your defense. In many cases, pre-trial motions or direct negotiations with prosecutors can reduce charges, prevent them from being filed as felonies, or even stop the case from moving forward at all. Waiting until your first court date only gives the state an advantage — and that’s the last thing you want.

If you or a loved one has been arrested for carrying a concealed weapon in California, don’t wait. Protect your rights, your freedom, and your future by contacting our office today for a free, confidential consultation.

The Law Offices of Arash Hashemi
11845 W Olympic Blvd #520
Los Angeles, CA 90064
📍 Get Directions

📞 Phone: (310) 448-1529
📧 Email: Contact@hashemilaw.com
🌐 Schedule a Free Consultation

🕒 Office Hours: Monday–Friday, 8:30 AM – 5:00 PM
Evening & weekend appointments available by request.

Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.

If you’ve been arrested for the first time on an assault or battery charge in California, it’s normal to feel scared, overwhelmed, and unsure of what comes next. Maybe the situation was a misunderstanding, an argument that escalated, or even a case of mistaken identity. Regardless of how it happened, the consequences can be serious — and what you do now can make the difference between a clean record and a criminal conviction that follows you for life.

Under California law, assault (Penal Code § 240 PC) and battery (Penal Code § 242 PC) are separate crimes but often charged together. Assault is the attempt or threat of unlawful force, while battery involves actual physical contact. Even for a first offense, these charges can carry penalties such as jail time, fines, probation, and mandatory anger management or community service. More importantly, they leave you with a criminal record that can affect your job, your reputation, and your future opportunities.

But here’s what most people don’t realize: being arrested for assault and battery — even for the first time — does not automatically mean you will be convicted. Prosecutors must prove every element of the crime beyond a reasonable doubt, and there are often strong defenses available. In fact, many first-time assault and battery cases in California can be reduced, dismissed, or diverted into alternative programs that allow you to avoid a conviction altogether.

At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients in Los Angeles County against assault and battery charges. Our approach is proactive: we don’t just wait for court dates. We investigate immediately — gathering witness statements, reviewing surveillance footage, and identifying inconsistencies in police reports — to build a strong defense before the case gains momentum.

Some of the strategies we’ve used to help first-time assault and battery clients include:

• Self-defense or defense of others — showing that you acted reasonably to protect yourself or someone else.

• Lack of intent — proving there was no willful attempt to harm, which is required under the law.

• False or exaggerated accusations — challenging the credibility of witnesses or alleged victims.

• Insufficient evidence — highlighting gaps in the prosecution’s case that make it impossible to convict.

• Diversion programs — negotiating for alternatives such as anger management or community service, which can result in dismissal upon completion.

If this is your first time facing criminal charges, you may also be eligible for reduced penalties, diversion programs, or even a complete dismissal if the evidence is weak. But timing matters: the sooner a Los Angeles criminal defense attorney intervenes, the greater your chances of avoiding harsh consequences.

If you’re searching for answers about a first-time assault and battery charge in California, it means you’re worried about protecting your record, your freedom, and your future. We understand how high the stakes are — and we fight every case with the urgency it deserves.

Don’t wait until your arraignment to get help. By then, prosecutors may already have committed to filing charges. Early intervention gives us the chance to negotiate directly with the District Attorney, present favorable evidence, and push for a dismissal or reduction before the case escalates.

Attorney Arash Hashemi is a Los Angeles criminal defense attorney with over 20 years of experience handling assault, battery, and other violent crime cases. He knows how local courts operate, how prosecutors build their cases, and — most importantly — how to protect clients from the lifelong consequences of a first offense.

If you or a loved one is facing a first-time assault and battery charge in California, the most important step you can take is to act quickly. Protect your rights, your record, and your future by contacting our office today for a free, confidential consultation. Attorney Arash Hashemi personally reviews every case — listening to your side of the story, examining the evidence, and developing a defense strategy tailored to your unique situation.

The Law Offices of Arash Hashemi
11845 W Olympic Blvd #520
Los Angeles, CA 90064
📍 Get Directions

📞 Phone: (310) 448-1529
📧 Email: Contact@hashemilaw.com
🌐 Schedule a Free Consultation

🕒 Office Hours: Monday–Friday, 8:30 AM – 5:00 PM
Evening & weekend appointments available by request.

Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.

Being arrested for receiving stolen property under California Penal Code 496 can feel overwhelming, especially when you know you didn’t intend to do anything wrong. Many of these cases arise out of everyday situations — buying an item from a pawn shop, picking something up secondhand, or accepting goods from someone you trusted. What seems like an innocent transaction can suddenly put you at the center of a serious criminal investigation.

It’s important to understand that an arrest does not equal guilt. To convict you, prosecutors must prove beyond a reasonable doubt that you actually knew — or reasonably should have known — the property was stolen at the time you received it. Without clear evidence of that knowledge, the case against you is far weaker than it may first appear.

At a time like this, having an experienced Los Angeles criminal defense attorney on your side is critical. Acting quickly can make the difference between charges being reduced, dismissed, or filed as a felony that could follow you for life. Our firm knows how these cases are built, what prosecutors look for, and the defenses that can protect your freedom, your record, and your reputation.

Understanding California’s Receiving Stolen Property Law

Penal Code 496 PC makes it a crime to buy, receive, conceal, sell, or withhold property if you know — or reasonably should know — that the property was stolen. The law applies regardless of whether you personally stole the property or had any role in the theft. Simply possessing or transferring stolen items can be enough to trigger criminal charges.

This statute covers a wide range of situations, from someone purchasing an item through an online marketplace at a suspiciously low price to holding onto property a friend asks you to “keep safe.” It is also commonly applied in cases involving pawn shops, second-hand dealers, or private transactions where ownership is later disputed.

It’s important to understand that prosecutors do not need to prove you committed the theft itself. Instead, they must show that you had the property and that you knew (or should reasonably have known) it was stolen. Because of this, honest mistakes and misunderstandings often lead to criminal charges, making it essential to have an experienced Los Angeles criminal defense attorney review the evidence and challenge the state’s case.

Elements of a Receiving Stolen Property Charge

To secure a conviction under Penal Code 496 PC, the prosecution must prove each of the following elements beyond a reasonable doubt:

• The property was stolen.
  The item must have been taken through theft, burglary, robbery, or another unlawful means. If the property wasn’t actually stolen, this charge cannot stand.

• You possessed, purchased, sold, concealed, or withheld the property.
  Possession does not always mean physical control; it can also mean having access to, or control over, the property — even if it was in someone else’s home, car, or storage.

• You knew, or reasonably should have known, the property was stolen at the time.
  This is the most contested element. Prosecutors often rely on circumstantial evidence, such as the price being “too good to be true,” prior statements, or inconsistencies in your explanation.

If the prosecution cannot establish all three elements, then you cannot be legally convicted. Many cases fail because the state struggles to prove actual knowledge, especially when the property was obtained in good faith. A skilled criminal defense attorney in Los Angeles can often attack these weaknesses, arguing that you lacked knowledge, that the property was lawfully acquired, or that the evidence is insufficient.

Penalties for Receiving Stolen Property in California

A charge under Penal Code 496 PC is considered a “wobbler” offense, meaning the prosecutor has the discretion to file it as either a misdemeanor or a felony depending on the value of the property and your criminal history.

Misdemeanor Penalties

• Up to 1 year in county jail

• Fines of up to $1,000

• Misdemeanor probation (with conditions such as restitution or community service)

Felony Penalties

• 16 months, 2 years, or 3 years in county jail

• Fines of up to $10,000

• Felony probation in some cases

Collateral Consequences

• A permanent criminal record that shows up on background checks

• Restitution orders, requiring you to repay the value of the property

• Employment barriers, especially for jobs requiring trust or handling of money

• Immigration consequences for non-citizens, since theft-related crimes are considered “crimes of moral turpitude” under federal law

Related Theft & Property Crimes

[PC 484 – Petty Theft]
Covers theft of property valued at $950 or less. Often charged alongside PC 496 when prosecutors allege the property in your possession came from a petty theft.

[PC 487 – Grand Theft]
Applies when the value of the stolen property is more than $950, or if the property is a car or firearm. Frequently linked with receiving stolen goods of significant value.

[PC 459 – Burglary]
Involves entering a building, room, or vehicle with intent to commit theft or another felony. Prosecutors may argue that receiving stolen property was part of a larger burglary scheme.

[PC 470 – Forgery]
Makes it a crime to sign, alter, or use a false document (like checks or deeds) with intent to defraud. Sometimes charged in cases where stolen property is transferred with fake paperwork.

[PC 211 – Robbery]
Defined as the taking of property from another person’s immediate possession, against their will, by force or fear. Unlike PC 496, which focuses on possessing stolen goods, robbery is a violent theft offense. However, prosecutors may connect the two if they believe the property you were accused of receiving originally came from a robbery.

Legal Defenses to Penal Code 496 PC Charges

Being accused of receiving stolen property does not mean you will be convicted. At The Law Offices of Arash Hashemi, our Los Angeles criminal defense attorney carefully examines the facts of each case and looks for every opportunity to challenge the prosecution’s evidence. Common defenses we use include:

• Lack of Knowledge – The law requires proof that you knew, or reasonably should have known, the property was stolen. If you purchased the item in good faith — for example, from a pawn shop, online listing, or private seller — you should not be held criminally responsible.

• Ownership or Right to Possession – If you honestly believed the property was yours or that you had a legal right to it, the charge may not stand.

• Insufficient Evidence – Many PC 496(a) cases rest on weak or circumstantial evidence. If the prosecution cannot prove every element beyond a reasonable doubt, we fight for dismissal.

• Mistaken Identity – In some cases, law enforcement targets the wrong person or relies on faulty witness identification.

• Illegal Search and Seizure – If the police obtained the property through an unlawful search, any evidence collected may be excluded, weakening the state’s case.

Charged with Receiving Stolen Property? Speak with a Los Angeles Criminal Defense Attorney Today

If you or someone you care about has been accused of receiving stolen property, it’s important to act quickly. Attorney Arash Hashemi is a Los Angeles criminal defense attorney with over 20 years of experience representing clients in theft and property crime cases. He understands how prosecutors build these cases and knows how to challenge weak evidence, dispute allegations of “knowledge,” and fight to protect your record and your future.

To learn more about your rights, possible defenses, and legal options, contact our office today for a free, confidential consultation. We are ready to step in immediately, safeguard your rights, and pursue the best possible outcome on your behalf.

The Law Offices of Arash Hashemi

11845 W Olympic Blvd #520
Los Angeles, CA 90064
Get Directions

📞 Phone: (310) 448-1529
📧 Email: Contact@hashemilaw.com
🌐 Schedule a Free Consultation

Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.

If you’ve been arrested or cited for a simple battery charge in Los Angeles County, your first question is usually: can this be stopped before it turns into a criminal conviction? The answer is yes. In many cases, it’s possible to get charges dropped or reduced early — but only with immediate action, a clear defense strategy, and a Los Angeles criminal defense attorney who understands how local prosecutors handle these cases.

At The Law Offices of Arash Hashemi, we’ve represented clients throughout Los Angeles for more than 20 years in cases involving California simple battery under Penal Code §§ 240, 242, and 243(a). Many of these cases begin with heated arguments, misunderstandings, or one-sided stories. Prosecutors don’t always hear your side of the situation unless someone puts it in front of them right away, which is why we move fast to intervene before the case gains traction.

Under California law, a simple battery charge is defined as the willful and unlawful use of force or violence against another person. This can be anything from a shove or grab to a brief unwanted touch — no visible injury is required. Even without harm, a conviction can still mean jail time, fines, probation, and a permanent record.

Clients often ask us how to get a simple battery charge dropped — and the answer usually comes down to presenting strong evidence early, before the case has momentum. Our defense strategy focuses on undermining the prosecution’s claims at the start, when there’s the best chance of avoiding formal charges or securing a quick dismissal.

When people want to know how to beat a simple battery charge, the most effective approaches often involve showing why the prosecution’s version of events is incomplete or unreliable. For example, many cases arise from mutual combat situations where both parties willingly engaged in a fight, but police reports paint only one person as the aggressor. Demonstrating that you did not start the altercation, or that both sides contributed, can shift the entire case.

Other times, clients acted in self-defense or defense of others. California law allows you to use reasonable force to protect yourself or someone else from harm, but prosecutors don’t always see it that way. We work to uncover facts, witness statements, or video evidence that prove your actions were lawful and necessary.

In some cases, there is no real injury or only minimal contact, such as a shove or a brief unwanted touch. While that technically satisfies the statute, juries and prosecutors alike struggle to treat such incidents as criminal. Showing that no one was seriously harmed can significantly reduce the case’s weight.

Battery charges also often rest on the word of unreliable witnesses or accusers. If a person’s story changes, if they have a motive to exaggerate, or if their testimony doesn’t align with physical evidence, we highlight those weaknesses to undermine the credibility of the case.

Finally, false or exaggerated allegations are more common than people think. Disputes between family members, partners, or coworkers sometimes escalate into claims that don’t match reality. By presenting text messages, recordings, or third-party witnesses, we can often demonstrate that the accusations simply don’t add up.

Over the years, we’ve been successful in persuading prosecutors to reject filing altogether — what’s called a “DA reject.” This is one of the most effective ways to end a case, since it means charges are never filed in the first place. We accomplish this by submitting evidence early, such as surveillance video or witness statements that contradict the police report, making it clear the state cannot prove its case. Even when charges are filed, acting quickly gives us a strong chance to negotiate dismissals or reductions before trial. The earlier we intervene, the greater the opportunity to stop the case and protect your record.

The key is timing. Many people wait until their arraignment to hire a criminal defense attorney, but by then, the case is already moving forward and options are more limited. When you hire us immediately, we contact the prosecutor’s office, provide witness statements, surveillance footage, or other proof that contradicts the police report, and push for dismissal before formal charges are locked in.

Attorney Arash Hashemi understands how assault and simple battery charges are investigated, how prosecutors evaluate them, and how to spot weaknesses in the evidence. We don’t sit back and wait for the first court date — we work to end the case before it starts.

If you’re searching for answers on how to get simple battery charges dropped in California, don’t wait until it’s too late. Early intervention can mean the difference between walking away with your record intact or facing months of stress, legal costs, and lasting consequences. Call our office today for a free, confidential consultation and let us start building your defense immediately.

The Law Offices of Arash Hashemi
11845 W Olympic Blvd #520
Los Angeles, CA 90064
📍 Get Directions

📞 Phone: (310) 448-1529
📧 Email: Contact@hashemilaw.com
🌐 Schedule a Free Consultation

🕒 Office Hours: Monday–Friday, 8:30 AM – 5:00 PM
Evening & weekend appointments available by request.

Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.

Being arrested or cited for reckless driving under Vehicle Code § 23103 is more than just a traffic ticket — it’s a misdemeanor criminal charge that can carry jail time, heavy fines, and a permanent mark on your record. In California, prosecutors often file reckless driving when they believe your driving showed “willful or wanton disregard for the safety of people or property.” But speed alone does not automatically equal recklessness, and many cases can be reduced or dismissed with the right defense strategy.

At The Law Offices of Arash Hashemi, we’ve defended countless clients throughout Los Angeles County against reckless driving charges, often getting them reduced to minor traffic infractions — or thrown out entirely. We understand how these cases are built, what evidence prosecutors rely on, and the weaknesses we can target to protect your license, your record, and your freedom.

How Reckless Driving Charges Work in California

Under Vehicle Code § 23103, reckless driving is defined as operating a vehicle “in willful or wanton disregard for the safety of persons or property.” In plain language, this means the prosecution must show you were driving in a way that was not just careless, but deliberately dangerous — as if you knew your actions could put others at risk and chose to do them anyway.

It’s important to understand that speed alone is not enough to prove reckless driving. While excessive speed can be one factor, prosecutors typically need more evidence of risky behavior, such as:

• Aggressive lane changes or weaving through traffic at high speeds

• Tailgating in a way that forces other drivers to brake suddenly

• Street racing or speed contests on public roads

• Running multiple red lights or stop signs in quick succession

• Driving at high speeds in school zones, near crosswalks, or in heavy pedestrian areas

Because the legal definition is so broad, reckless driving charges are often based heavily on an officer’s opinion rather than objective evidence. That means one driver might get a traffic ticket for the same conduct that leads to a reckless driving arrest for someone else. Without dashcam footage, traffic camera recordings, or reliable witness testimony, the case may rest entirely on a subjective interpretation — which can be challenged in court.

This flexibility in the law is why many drivers are overcharged with reckless driving when their actions were closer to ordinary negligence, such as momentary distraction or misjudging a turn. In these situations, an experienced defense attorney can often negotiate a reduction to a non-criminal infraction or get the case dismissed entirely.

How We Work to Get Reckless Driving Charges Dropped

Early intervention is critical. The sooner we can get involved, the more opportunities we have to negotiate with the prosecutor or present evidence that undermines their case. We’ve successfully challenged reckless driving charges by showing:

• Speeding alone without other dangerous behavior is not enough to prove recklessness

• Dashcam, bodycam, or traffic camera footage contradicts the officer’s account

• Witnesses are unreliable or misinterpreted what they saw

• Weather, road, or traffic conditions played a role and did not create actual danger

• The client’s driving was momentary negligence, not intentional disregard for safety

In many cases, we can push for charges to be reduced to a non-criminal traffic infraction — avoiding a misdemeanor conviction, points on your license, and possible jail time.

If you’ve been cited or arrested for reckless driving, waiting until your first court date is a mistake. By then, the case may already be filed, making dismissal harder to achieve. We contact the prosecutor before charges are finalized, present mitigating evidence, and argue for a “DA reject” or reduction.

With over 20 years of criminal defense experience, Attorney Arash Hashemi knows how Los Angeles prosecutors handle reckless driving cases — and how to dismantle them. We move fast to protect your driving privileges, your record, and your future.

If you’ve been charged with reckless driving in Los Angeles County, don’t take it lightly. A conviction can mean up to 90 days in jail, $1,000 in fines, and two points on your driving record — plus higher insurance rates for years. Call us today for a free, confidential consultation and start building your defense now.

The Law Offices of Arash Hashemi
11845 W Olympic Blvd #520
Los Angeles, CA 90064
📍 Get Directions

📞 Phone: (310) 448-1529
📧 Email: Contact@hashemilaw.com
🌐 Schedule a Free Consultation

🕒 Office Hours: Monday–Friday, 8:30 AM – 5:00 PM
Evening & weekend appointments available by request.

Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.

A North Hollywood woman at the center of a high-profile federal drug investigation has agreed to plead guilty to multiple felony charges tied to the ketamine overdose death of actor Matthew Perry. The woman, identified as Jasveen Sangha, 42, and also known by the alias “Ketamine Queen,” has been in federal custody since August 2024. According to a plea agreement filed by the U.S. Attorney’s Office for the Central District of California, Sangha has admitted to maintaining a drug-involved premises and distributing ketamine—one of the counts specifically resulting in death or serious bodily injury.

The case stems from an October 2023 incident in which Sangha, working with Erik Fleming of Hawthorne, sold 51 vials of ketamine intended for Perry. The drugs were delivered through Perry’s live-in assistant, Kenneth Iwamasa, who injected the actor multiple times in the days leading up to his death. On the night of October 28, 2023, Perry was injected with at least three doses of ketamine supplied by Sangha, which directly caused his fatal overdose, as stated in court documents.

The investigation revealed that Sangha used encrypted messaging app Signal to communicate with Fleming after news of Perry’s death broke. She reportedly advised him to delete all of their message history and altered her app settings to automatically erase conversations. These efforts to conceal communications were captured and presented as part of the case.

In addition to the charges related to Perry, Sangha also admitted to distributing ketamine in 2019 that resulted in the overdose death of another individual, Cody McLaury. Furthermore, a federal search of her North Hollywood residence in March 2023 uncovered a significant stash of narcotics, including 1.7 kilograms of pressed methamphetamine pills, 79 vials of liquid ketamine, ecstasy, counterfeit Xanax, cocaine, and various drug trafficking tools such as packaging materials, surveillance devices, and a money counter.

Upon entering her plea, Sangha will face a maximum of 20 years in federal prison for operating a drug-involved premises, up to 10 years for each count of drug distribution, and up to 15 years for the count involving death or serious injury. Her formal sentencing hearing is expected in the coming months.

This case also includes multiple co-defendants. Erik Fleming pleaded guilty in August 2024 to conspiracy and distribution resulting in death and faces up to 25 years in prison. Kenneth Iwamasa pleaded guilty to conspiracy to distribute ketamine causing death and faces up to 15 years. Mark Chavez, a San Diego physician, and Salvador Plasencia, also known as “Dr. P,” both pleaded guilty to ketamine distribution-related charges and await sentencing.

The investigation is being led by the DEA, LAPD, and U.S. Postal Inspection Service. Prosecutors from the DOJ’s Terrorism and Export Crimes and Major Frauds Sections are handling the case.

Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.

California enforces strict laws to keep weapons off school property. Under Penal Code 626.10 PC, it is a crime to bring or possess certain dangerous weapons on the grounds of any public or private K–12 school — and, in some cases, on college or university campuses.

A conviction can mean jail or prison time, steep fines, a permanent criminal record, and long-term consequences for your education, career, and future opportunities. For non-citizens, it may also trigger severe immigration penalties, including deportation. In Los Angeles County, prosecutors treat these cases with zero tolerance, and even a first-time offense can result in serious, life-changing punishment.

If you or your child is facing a weapons-on-school-grounds charge, do not wait to get legal help. The Law Offices of Arash Hashemi has over 20 years of experience defending clients in complex criminal cases across Los Angeles County. Contact our Los Angeles criminal defense attorney today for a free, confidential consultation and start protecting your rights immediately.

Understanding California’s School Weapons Ban

The statute covers a wide range of prohibited weapons on school grounds, including:

• Dirks, daggers, and ice picks

• Knives with blades over 2½ inches (including folding knives with locking mechanisms)

• Switchblades and razors with unguarded blades

• Stun guns or tasers

• BB guns or pellet guns (any device that fires a metallic projectile using air, gas, or spring)

• Brass knuckles and other dangerous striking weapons

This law applies broadly to students, parents, visitors, and even contractors on campus. There are limited exceptions for law enforcement and certain individuals with written permission from school officials, but in most cases, possession alone is enough for prosecutors to file charges.

Examples of Weapons-on-School-Grounds Charges

• Student with an oversized pocketknife – A high school student unknowingly carries a folding knife with a blade exceeding 2½ inches in their backpack.

• Parent with a stun gun at a school event – A parent attends a school play and forgets a stun gun is still in their purse from the night before.

• BB gun used as a stage prop – A college theater student brings a BB gun for a performance without obtaining written permission from school officials.

How the Prosecution Builds a Weapons-on-Campus Case

To secure a conviction, prosecutors must generally prove:

• You knowingly had or brought a prohibited weapon

• You were on school property or another location covered by the law

• No legal exception applied (such as being a peace officer on duty or having written permission from school officials)

One key point: prosecutors don’t have to show you planned to use the weapon. In most cases, simple possession is enough to meet the legal standard — which is why these cases can be filed even when no threat or violence occurred

Penalties for Weapons on School Grounds in California

California law treats bringing weapons onto school property with the utmost seriousness. Depending on the facts of the case and your prior record, the offense can be filed as either a misdemeanor or a felony — what’s known as a “wobbler” offense.

Misdemeanor Penalties

• County Jail: Up to 1 year

• Fines: Up to $1,000

• Misdemeanor Probation: Often with conditions such as community service, counseling, or stay-away orders from schools

Felony Penalties

• State Prison: Up to 3 years

• Fines: Up to $10,000

• Felony Probation: With stricter terms and longer supervision periods

• Loss of Firearm Rights: A felony conviction can permanently prohibit you from owning or possessing guns in California

Additional Consequences Beyond Court Sentencing

• Mandatory Counseling or Intervention Programs

• School Expulsion and denial of readmission

• Loss of Scholarships or Financial Aid for students

• Immigration Consequences — including deportation or inadmissibility for non-citizens

What Defenses Can Be Used Against a Weapons-on-School-Grounds Charge?

Being arrested under California’s school weapons law does not automatically mean you will be convicted. A skilled Los Angeles criminal defense attorney can challenge the case using one or more of these strategies:

• The item was not legally a prohibited weapon – If the knife blade was within the legal limit, the object was not designed to be a weapon, or it didn’t meet the statute’s definition, the prosecution’s case may fail.

• You had no knowledge of the weapon – For example, if a prohibited item was left in a borrowed backpack, gym bag, or vehicle without your awareness.

• You were not actually on school property – The law applies only to specific locations legally defined as “school grounds.” If you were elsewhere, the statute may not apply.

• A legal exception applied – Peace officers on duty, authorized security personnel, or individuals with written permission from the school may be exempt.

• The search or seizure was unlawful – If police violated your constitutional rights when finding the alleged weapon, the court may exclude that evidence, weakening or destroying the prosecution’s case.

Related California Offenses

[PC 626.9 – Gun-Free School Zone Act]
Makes it a crime to possess a firearm within 1,000 feet of a public or private school, with limited exceptions for law enforcement or those with proper permits.

[PC 21310 – Carrying a Concealed Dirk or Dagger]
Prohibits carrying a concealed dirk or dagger on your person, even if you do not intend to use it.

[PC 21510 – Possession of a Switchblade]
Bans the possession of a switchblade knife with a blade two inches or longer in any public place or vehicle.

[PC 417 – Brandishing a Weapon]
Criminalizes drawing, exhibiting, or using a firearm or deadly weapon in a rude, angry, or threatening manner in the presence of another person.

Speak With a Los Angeles School‑Weapons Defense Attorney Today

Attorney Arash Hashemi has over 20 years of experience defending students, parents, and visitors in weapons-on-school-grounds cases in Los Angeles County. We understand how these cases are charged, the school and immigration consequences that can follow, and how to attack the evidence (search issues, item classification, location, and knowledge). Our team moves fast to seek pre‑filing intervention (DA reject), negotiate reductions to non-weapons offenses, pursue diversion where available, and protect education, employment, and licensing interests.

If you or your child was accused of bringing or possessing a prohibited item on campus, don’t speak to school officials or police without counsel. Contact us for a free, confidential consultation with a Los Angeles criminal defense attorney who knows how to protect your record and your future.

The Law Offices of Arash Hashemi
11845 W Olympic Blvd #520
Los Angeles, CA 90064
📍 Get Directions

📞 Phone: (310) 448-1529
📧 Email: Contact@hashemilaw.com
🌐 Schedule a Free Consultation

🕒 Office Hours: Monday–Friday, 8:30 AM – 5:00 PM
Evening & weekend appointments available by request.

Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.

California Penal Code 466 PC makes it a crime to possess certain tools with the intent to commit burglary, theft, or another unlawful entry. These tools can include common items such as screwdrivers, crowbars, pliers, or even keys that have been altered—meaning you can face charges even if no break‑in ever occurred.

This law exists to stop crimes before they happen by targeting individuals suspected of preparing to commit a burglary. While the offense is classified as a misdemeanor, it carries serious consequences, including possible jail time, fines, and a permanent criminal record that can affect employment, licensing, and immigration status.

If you or someone you care about has been accused of possessing burglary tools, early legal representation can be critical to protecting your future. Contact The Law Offices of Arash Hashemi today to speak with an experienced Los Angeles criminal defense attorney and learn how we can fight the charges against you.

What Is Possession of Burglary Tools in California?

Under California Penal Code 466 PC, it’s illegal to possess certain tools with the intent to use them for burglary, theft, or any other unlawful entry into a building, vehicle, safe, or other secured space.

The law applies whether the tool is specifically made for breaking in or is a common household item adapted for that purpose.

Examples of burglary tools under PC 466 include:

• Picklocks and lock-picking devices

• Crowbars and pry tools

• Screwdrivers, pliers, and similar hand tools

• Altered or “bumped” keys

• Slim jims or other devices for opening locked car doors

• Any other tool or instrument capable of breaking into property

Key Point: Simply owning or carrying one of these tools isn’t automatically illegal. Prosecutors must also prove you intended to use it for burglary or theft.

How Prosecutors Prove a PC 466 Violation

To convict someone of possession of burglary tools, prosecutors must prove each element of the offense beyond a reasonable doubt. If even one element is missing, the charge cannot stand.

The prosecution must show that:

1. You possessed a burglary tool – This can be a tool specifically designed for unlawful entry (like a lock pick) or an ordinary item adapted for breaking in (such as a screwdriver or crowbar).

2. The tool was capable of being used to commit burglary or theft – The law applies to tools that can be used to break locks, pry open doors or windows, or otherwise gain unauthorized access to property.

3. You intended to use the tool for burglary or theft – Prosecutors must prove criminal intent. This means they must show you planned to use the tool to unlawfully enter a building, vehicle, or secure container and commit a crime inside.

Importantly, mere possession is not a crime. Carrying a screwdriver in your toolbox or work bag is perfectly legal. The state must present additional evidence — such as statements you made, the circumstances of your arrest, or related conduct — to prove you had an unlawful purpose for possessing the tool.

What Are the Penalties for Possessing Burglary Tools?

In Los Angeles County, PC 466 is charged as a misdemeanor, but judges and prosecutors often treat it seriously, especially if it’s tied to other theft or burglary charges.

Criminal Penalties

• County Jail: Up to 6 months

• Fines: Up to $1,000

• Probation: Summary probation with strict conditions, such as staying away from certain areas, obeying all laws, and agreeing to searches

While probation is common for first-time offenders, repeat offenses or aggravating circumstances can result in maximum jail time.

Collateral Consequences

• Employment: Many employers view theft or burglary-related convictions as a serious trust violation

• Immigration: For non-citizens, PC 466 can be considered a crime involving moral turpitude, potentially leading to deportation or denial of re-entry

• Licensing: Professional licenses in fields like real estate, contracting, or security may be denied, suspended, or revoked

Repeat Offenses & Aggravating Factors

While PC 466 remains a misdemeanor, a history of theft-related charges can result in harsher probation terms or maximum jail sentences.

Related California Offenses

• [PC 459 – Burglary]
  Involves entering a building, room, or vehicle with the intent to commit theft or any felony. If burglary tools are found, prosecutors often allege they were intended for the burglary itself.

• [PC 602 – Trespassing]
  Charged when a person unlawfully enters or remains on another’s property. Often paired with PC 466 when someone is found in a restricted area with burglary tools.

• [PC 594 – Vandalism]
  Applies if property is damaged, defaced, or destroyed — for example, breaking a lock or prying open a door with burglary tools.

• [PC 484 / PC 488 – Petty Theft & PC 487 – Grand Theft]
  Theft charges may be added if prosecutors believe the tools were intended to steal property. Petty theft applies to items valued at $950 or less; grand theft applies to higher amounts.

Legal Defenses to PC 466 Charges

Fighting a charge for possession of burglary tools under Penal Code 466 often comes down to proving what you intended to do with the alleged tools. The prosecution must show not just possession, but also that you meant to commit burglary or theft. Depending on the facts, our Los Angeles criminal defense attorney may use one or more of the following strategies:

• Lack of Intent to Commit Burglary
  Simply having a tool that could be used for burglary is not enough. If there is no proof you intended to use it to commit a crime — for example, you were carrying it for work or another lawful purpose — you cannot be convicted under PC 466.

• Lawful Possession of the Tool
  Many tools listed under PC 466, such as screwdrivers, hammers, or pliers, are legal to own and carry for legitimate uses. If you had the tool for home repairs, employment, or another lawful reason, this can be a strong defense.

• Unlawful Search and Seizure
  If law enforcement discovered the alleged burglary tools during an illegal stop, search, or arrest, we can move to suppress the evidence under the Fourth Amendment. Without the tools as evidence, the prosecution’s case may fall apart.

• Mistaken Identity
  In some cases, police mistakenly identify the wrong person as possessing the tools, especially in group situations or where the tools were found in a shared space.

• Insufficient Evidence
  Prosecutors must prove each element beyond a reasonable doubt. If their case relies on speculation or weak circumstantial evidence, we can challenge the credibility of witnesses, the chain of custody for the tools, or the alleged connection to a burglary plan.

Arrested for Possession of Burglary Tools? Contact Us Today

If you are facing charges for possession of burglary tools under Penal Code 466, the sooner you have experienced legal representation, the better your chances of protecting your rights and future. With over 20 years of criminal defense experience, The Law Offices of Arash Hashemi provides proactive defense strategies — including pre‑filing intervention — to help prevent charges from being filed or to fight for a dismissal or reduction.

Our firm represents clients throughout Los Angeles County, including Santa Monica, Westwood, Culver City, and Beverly Hills. Contact our office today to speak directly with Attorney Arash Hashemi about your case in a free, confidential consultation.

Being arrested for administering drugs to commit a felony under California Penal Code 222 is a serious matter. In Los Angeles County, prosecutors treat these cases aggressively because they involve allegations of using a substance to impair someone in order to carry out another crime. PC 222 applies whether the substance is illegal, a prescription medication, or alcohol — what matters is the alleged intent to commit a felony after giving it to someone without their consent.

A conviction can mean a felony record, years in state prison, and severe personal and professional consequences. These cases are often filed alongside other major charges, such as sexual assault, robbery, or kidnapping, which can increase penalties significantly. Early legal representation is critical to protecting your rights and building a strong defense.

What Does California Penal Code § 222 PC Mean?

Under California Penal Code 222 PC, it is a felony to give, administer, or cause another person to consume any drug, intoxicant, or controlled substance without their knowledge or consent, if you do so with the intent to commit a felony.

The statute states:

“Every person who, with intent thereby to enable or assist himself or herself or any other person to commit a felony, administers to or causes to be taken by another any chloroform, ether, laudanum, or any controlled substance, intoxicating liquor, or anesthetic, or any combination thereof, is guilty of a felony.”

In simple terms, PC 222 criminalizes using drugs, alcohol, or other intoxicants to impair someone in order to make it easier to commit another serious crime. It is not necessary for the planned felony to actually occur — prosecutors only need to prove that the substance was given and that the intent to commit a felony existed at the time.

What Must Be Proven for a PC 222 Conviction?

To convict someone of administering drugs to commit a felony, the prosecution must prove each of the following elements beyond a reasonable doubt:

1. Administration of a substance
The accused must have given, administered, or caused another person to consume a drug, intoxicant, or controlled substance. This can include illegal drugs, prescription medications, alcohol, or any other intoxicating agent.

2. Lack of consent
The other person must not have known about or agreed to take the substance. Any use of deception, concealment, or trickery in delivering the drug can meet this requirement.

3. Felony intent
The prosecution must show that the accused acted with the intent to commit a felony after administering the substance. Importantly, the intended felony does not have to be completed — prosecutors only need to prove that the intent existed at the time.

Because intent is rarely proven with direct evidence, prosecutors often rely on circumstantial proof such as text messages, witness statements, surveillance video, or prior alleged behavior. An experienced defense attorney can often challenge these assumptions, expose alternative explanations, and undermine the credibility of the prosecution’s narrative.

If even one of these elements cannot be proven, a PC 222 conviction cannot legally stand.

Real-World Examples of PC 222 Cases

• Slipping a sedative into someone’s drink to commit theft – placing a drug in a person’s beverage to make them unconscious so valuables can be stolen.

• Giving someone an illegal drug without their knowledge to commit a sexual assault – administering a controlled substance to impair judgment and resistance.

• Drugging a victim to facilitate a kidnapping – using a chemical substance to make it easier to transport or confine a person against their will.

What Are the Penalties for Administering Drugs to Commit a Felony?

This offense is classified as a felony in California, and a conviction can lead to years in state prison along with life-changing collateral consequences.

Criminal penalties can include:

• 2, 4, or 5 years in state prison

• Felony probation in limited cases, usually with strict conditions

• Substantial fines determined by the court

Collateral consequences can include:

• A permanent felony record visible on background checks

• Loss or suspension of professional licenses

• Immigration consequences for non-citizens, including deportation or inadmissibility

• Damage to personal and professional reputation

If the intended felony is classified as a violent crime — such as sexual assault or kidnapping — sentencing enhancements can apply, potentially increasing prison time significantly.

Common Related Charges

• [PC 245 – Assault with a Deadly Weapon]
  Prohibits assaulting another person with a firearm, knife, or any object capable of causing great bodily injury.

• [PC 261 – Rape]
  Involves engaging in non-consensual sexual intercourse with another person, often alleged in cases where drugs were used to impair the victim.

• [PC 207 – Kidnapping]
  Makes it a felony to move another person a substantial distance without their consent by force or fear.

• [HS 11350 – Possession of Controlled Substances]
  Criminalizes the unlawful possession of certain illegal drugs without a valid prescription.

How Can You Defend Against a PC 222 Charge in California?

In Los Angeles County, being accused of administering drugs to commit a felony does not automatically mean a conviction is inevitable. An experienced criminal defense attorney can examine the evidence, challenge the prosecution’s case, and present defenses such as:

• No intent to commit a felony – The prosecution must prove you acted with the specific intent to commit a felony after administering the substance. If that intent is missing, the charge cannot stand.

• Consent was given – If the alleged victim knowingly and voluntarily consumed the substance, it undermines the element of lack of consent.

• Substance was not an intoxicant or controlled drug – The law applies only to certain substances; if the substance doesn’t qualify under California law, PC 222 does not apply.

• False accusation or mistaken identity – Allegations may be fabricated or based on misidentification, especially in cases with limited witnesses or unreliable statements.

• Unlawful search or seizure – If police obtained evidence in violation of your constitutional rights, that evidence may be excluded, which can weaken or even collapse the prosecution’s case.

Speak With a Los Angeles Criminal Defense Attorney

Attorney Arash Hashemi has over 20 years of experience defending clients against serious felony allegations in Los Angeles County, including cases involving accusations of administering drugs to commit a felony. He knows how law enforcement investigates these cases, the tactics prosecutors use in court, and the strategies that can be most effective in dismantling weak or exaggerated claims.

At The Law Offices of Arash Hashemi, we dig deep into every detail — from the initial police report to lab results and witness statements — looking for inconsistencies, constitutional violations, and other flaws in the prosecution’s case. Our goal is to protect your rights, preserve your freedom, and achieve the best possible resolution, whether that’s getting charges dismissed, reduced, or avoiding prison altogether.

A conviction for administering drugs to commit a felony can result in years in state prison, crushing fines, and a permanent criminal record. The sooner you have an experienced Los Angeles criminal defense attorney on your side, the better your chances of protecting your future. Call us today for a free, confidential consultation and start building your defense now.

The Law Offices of Arash Hashemi
11845 W Olympic Blvd #520
Los Angeles, CA 90064
📍 Get Directions

📞 Phone: (310) 448-1529
📧 Email: Contact@hashemilaw.com
🌐 Schedule a Free Consultation

🕒 Office Hours: Monday–Friday, 8:30 AM – 5:00 PM
Evening & weekend appointments available by request.

Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.

California Penal Code  21510  makes it a misdemeanor to carry, possess in a public place, sell, or give away a switchblade knife with a blade two inches or longer. This law is far stricter than many people realize — there is no “open carry” exception, and it applies whether the knife is hidden in your pocket, kept in your car, or even carried in a bag. Intent to use the knife as a weapon is not required; simply having it in your possession in a public setting can lead to an arrest.

A “switchblade” is defined in Penal Code 17235 PC as any knife resembling a pocketknife that can open automatically by pressing a button or device on the handle, applying pressure, flicking the wrist, using gravity, or through any other mechanical means. This includes common designs like spring-blade knives, gravity knives, and “butterfly” (balisong) knives. Folding knives or tools that require thumb pressure and have a resistance mechanism typically do not meet the legal definition.

Violations of PC 21510 are aggressively prosecuted in Los Angeles County. While the charge is a misdemeanor, a conviction can still result in jail time, fines, and a permanent criminal record — consequences that can follow you for years. If you’re facing accusations of possession of a switchblade, speak immediately with a Los Angeles criminal defense attorney to protect your rights and start building a strong defense.

Definition of a Switchblade Under California Law

The legal definition of a “switchblade knife” is found in Penal Code § 17235 PC:

A switchblade is any knife resembling a pocketknife that has a blade two inches or more in length, which can be released automatically by:

• Pressing a button or other device in the handle,

• Applying pressure on the handle,

• A flip of the wrist,

• The force of gravity,

• Or by any other mechanical means.

This definition includes spring-blade knives, gravity knives, “butterfly” (balisong) knives, and other similar devices. Notably, a regular folding knife or utility knife is not a switchblade, as long as it requires thumb pressure and has a mechanism that resists opening or biases the blade back toward a closed position.

What Does Penal Code 21510 PC Prohibit?

California law strictly prohibits certain actions with a switchblade having a blade two inches or longer:

• Possessing the knife in the driver’s or passenger’s area of any motor vehicle in a public place.

• Carrying the knife upon your person (such as in your pocket or bag).

• Selling, offering for sale, lending, transferring, or giving the knife to another person.

There is no “open carry” exception for switchblades. It does not matter if the blade is exposed or concealed—any possession in a public place is illegal. You do not have to intend to use the knife as a weapon. Merely possessing it is enough for a conviction.

Examples of Switchblade Violations

• A person buys a spring-assisted knife with a 2.5-inch blade that opens with a push button. They leave it in the glove compartment of their car, which they park on the street. This is a violation of PC 21510(a).

• Someone carries a “butterfly knife” with a blade just over two inches long in their backpack while walking in a public park. They could be charged under PC 21510(b).

• An individual sells a gravity knife at a local swap meet. They can be prosecuted under PC 21510(c).

What the Prosecutor Must Prove

To secure a conviction for possession of a switchblade, the prosecution must prove each of the following elements beyond a reasonable doubt:

• Possession, carrying, sale, or transfer – You had the switchblade on your person, in your control, or transferred it to someone else.

• Blade length – The knife’s blade measured two inches or longer.

• Knowledge – You knew you possessed the knife and were aware of its characteristics that make it a switchblade under California law.

• Location or circumstance – The possession occurred in a public place, in a motor vehicle, or involved giving or selling it to another person.

Importantly, prosecutors do not need to prove you intended to use the switchblade as a weapon. Merely knowing that you possessed it is enough for a conviction.

Penalties for Possession of a Switchblade

Under California Penal Code 21510, possession of a prohibited switchblade is charged as a misdemeanor offense— it is not a felony or wobbler.

Potential penalties include:

• Up to 6 months in county jail

• A fine of up to $1,000

• Summary (informal) probation

• Forfeiture of the switchblade

In most cases, judges grant probation instead of jail time, especially for first-time offenders. However, aggravating factors — such as prior criminal history, intent to use the knife as a weapon, gang association, or resisting arrest — can increase the likelihood of serving time in county jail.

Collateral Consequences

• Immigration consequences: Some weapons offenses may result in deportation or inadmissibility for non-citizens.

• Impact on professional licenses: Certain convictions may affect your eligibility for occupational licenses in California.

• Permanent criminal record: This can affect job prospects, housing, and more.

Defenses to Penal Code 21510 PC Charges

A skilled Los Angeles criminal defense attorney can raise several defenses to fight switchblade charges, including:

• The knife is not a switchblade: Many folding knives, utility knives, and other tools do not meet the legal definition. If your knife required resistance to open (such as a thumb stud), it is likely not a switchblade under California law.

• Lack of knowledge: If you did not know you were carrying a switchblade (for example, it was left in a borrowed bag or jacket), you may have a defense.

• Unlawful search and seizure: If law enforcement found the knife during an illegal search, any evidence may be suppressed, leading to dismissal of charges.

• Momentary or innocent possession: You only possessed the knife temporarily to dispose of it safely, or for a lawful purpose.

• The knife was not in a public place: PC 21510 does not apply to private possession in some cases.

Related Offenses

• PC 21310 – Carrying a Concealed Dirk or Dagger

• PC 16590 – Possession of Prohibited Weapons

• PC 417 – Brandishing a Weapon

• PC 171b – Weapons in Public Buildings

• PC 626.10 – Weapons on School Grounds

Federal Switchblade Laws

Federal law also regulates switchblade possession and transportation. For example, 15 U.S.C. § 1242 prohibits bringing a switchblade into interstate commerce or onto federal property, with penalties of up to five years in federal prison and a $2,000 fine.

Expungement of a Switchblade Conviction

A misdemeanor conviction for PC 21510 can often be expunged (cleared) under Penal Code 1203.4, as long as you successfully complete probation or your jail sentence. Expungement can improve your job and housing prospects but does not restore firearm rights or erase immigration consequences.

Frequently Asked Questions

Is it ever legal to own a switchblade in California?
Switchblades with blades under two inches are not restricted by Penal Code 21510 PC. However, larger switchblades may not be carried, possessed in public, or sold.

Can I have a switchblade in my home?
Generally, PC 21510 focuses on possession in public places, vehicles, or transferring the knife. Private home possession may not violate this section, but other local or federal laws may apply.

Does the law apply to antique or collectible knives?
There is no exemption for antique, collectible, or heirloom switchblades if they meet the statutory definition and are possessed in public or sold.

Contact a Los Angeles Criminal Defense Attorney for Help With a Switchblade Charge

If you’ve been accused of violating Penal Code 21510 PC, the stakes are high — even a misdemeanor conviction can affect your freedom, record, and future. With over 20 years of experience defending weapons cases in Los Angeles County, Attorney Arash Hashemi, will evaluate your case, challenge the prosecution’s evidence, and fight for the best possible outcome. Contact our office today to schedule a free, confidential consultation.

📍 Main Office
11845 W Olympic Blvd #520
Los Angeles, CA 90064
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Office Hours: Monday – Friday, 8:30 AM to 5:00 PM
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Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.

Under California Vehicle Code 10851(a) VC, it is a criminal offense to take or drive someone else’s vehicle without their consent — even if you don’t intend to steal it permanently. This charge is commonly known as “joyriding”, and it applies whether the vehicle was taken for a quick ride around the block or driven across state lines.

While it may sound like a minor offense, joyriding under 10851(a) VC can be prosecuted as either a misdemeanor or felony, depending on the circumstances — including your criminal history and how the vehicle was taken.

If you or someone you care about is facing accusations of unlawful taking or driving of a vehicle in Los Angeles or surrounding areas, it’s critical to speak with a Los Angeles criminal defense attorney who understands how to challenge the prosecution’s case and protect your record.

What the Prosecutor Must Prove Under § 10851(a) VC

To convict someone of violating Vehicle Code 10851(a), the prosecution must prove each of the following elements beyond a reasonable doubt:

1. The defendant took or drove a vehicle;

2. Without the consent of the vehicle’s owner;

3. When the defendant took or drove the vehicle, they intended to deprive the owner of possession or ownership of the vehicle — either temporarily or permanently.

Unlike grand theft auto under Penal Code § 487(d)(1), 10851(a) VC does not require intent to steal the vehicle permanently. That means you can still be charged for taking the vehicle for a short time — even just to “borrow” or use it — without the owner’s permission.

Example: If someone takes their neighbor’s car without asking, drives it to the store, and then brings it back — they could still face criminal charges under 10851(a) VC, even if they returned the vehicle.

Also important: the prosecution doesn’t need to show that the defendant physically stole the car. Merely driving a vehicle that was unlawfully taken — even if you didn’t take it yourself — can also lead to a 10851(a) charge.

Penalties for Violating California Vehicle Code § 10851(a) VC

Unlawful taking or driving of a vehicle is considered a wobbler offense, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances of the case and the defendant’s prior criminal record.

If charged as a misdemeanor, a conviction can result in up to one year in county jail, a fine of up to $5,000, or both.

If charged as a felony, a conviction carries a sentence of 16 months, 2 years, or 3 years in county jail under California’s realignment laws, and a fine of up to $10,000.

Enhanced penalties apply when certain aggravating factors are present. If the vehicle was an emergency vehicle or specially equipped for use by a disabled person, the offense is automatically a felony punishable by two, three, or four years in state prison.

A prior felony conviction for auto theft or a related offense can also increase the penalty to two, three, or four years, even if the current case might otherwise have qualified for lower sentencing.

How Long Can You Be Charged With Joyriding in California?

In California, the statute of limitations for unlawful taking or driving of a vehicle depends on how the offense is charged. If prosecuted as a misdemeanor, the state typically has one year from the date of the incident to file charges. If it’s charged as a felony, prosecutors generally have three years to bring the case.

This means even if the alleged incident happened months ago, you could still face prosecution — especially if new evidence surfaces or your name comes up in another investigation. If you think you might be under investigation or have questions about timing, it’s important to speak with a defense attorney as soon as possible.

Related Offenses

Grand theft auto – PC 487(d)(1): Stealing a vehicle.

Auto burglary – PC 459: Entering a locked vehicle with the intent to commit grand larceny, petty larceny, or any felony offense.

Defenses to California Vehicle Code § 10851(a) VC Charges

Several legal defenses may apply depending on the specific facts of your case. A skilled Los Angeles criminal defense attorney can evaluate the evidence and determine the most effective strategy. Common defenses include:

Claim of right: If you honestly believed you had a legal right to the vehicle — such as thinking it was yours or that you were authorized to use it — this may defeat the intent element of the charge.

Consent from the owner: If the vehicle’s owner gave you permission to use the vehicle, even informally, this can be a strong defense. However, prior consent does not automatically apply to every situation, and the prosecution may argue that consent was revoked.

Lack of intent to deprive: The law requires proof that you intended to deprive the owner of the vehicle, even temporarily. If you were unaware the use was unauthorized, or there was a misunderstanding, this may negate the required intent.

Duress or necessity: If you were forced to take or drive the vehicle due to a threat or emergency situation, the defense of duress or necessity may apply.

Can a Minor Be Charged With Joyriding in California?

Yes. Unlawful taking or driving of a vehicle is one of the more common charges filed against juveniles in California. Even if the act seemed impulsive or non-malicious, minors can still face serious legal consequences — including juvenile detention, probation, or court-ordered programs.

In many cases, these charges arise from peer pressure, misunderstandings, or a first-time mistake. However, prosecutors can be aggressive — especially if the vehicle was damaged or taken for an extended period. If your child has been arrested or is being investigated for joyriding, speak with a defense attorney familiar with juvenile court proceduresright away to protect their future.

Charged with Unlawful Vehicle Use? Get Help from a Los Angeles Criminal Lawyer

Following an arrest for unlawful taking or driving of a vehicle — commonly known as “joyriding” — early legal intervention can make a significant difference. In many cases, our firm can step in before charges are even filed, working directly with prosecutors to negotiate reduced charges or, when supported by the facts, prevent the case from being filed altogether.

If you or someone you care about has been arrested or charged with unlawful taking or driving of a vehicle, it’s important to speak with a qualified attorney as soon as possible. Attorney Arash Hashemi is a Los Angeles criminal defense attorney with over 20 years of experience representing clients in vehicle-related cases across Southern California. He knows how to challenge weak evidence, navigate local court systems, and fight for the best possible outcome — whether through negotiation or trial.

To learn more about your rights, defenses, and legal options, contact our office for a free, confidential consultation today.

The Law Offices of Arash Hashemi

11845 W Olympic Blvd #520
Los Angeles, CA 90064
Get Directions

📞 Phone: (310) 448-1529
📧 Email: Contact@hashemilaw.com
🌐 Schedule a Free Consultation

Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.

If you live in California and are facing a misdemeanor charge—or already have a misdemeanor on your record—you may be wondering if that affects your right to own, possess, or purchase a firearm. This is a common and important question, especially for those who are law-abiding citizens, parents, or individuals who need firearms for work or personal safety.

Unfortunately, California has some of the strictest gun laws in the country, and certain misdemeanor convictions can absolutely result in a loss of your gun rights—sometimes for 10 years, and in other cases, for life.

Below, we explain which misdemeanors in California trigger a firearms ban, how long these bans last, and what steps you can take if your rights are affected

Quick Summary

• Some misdemeanors in California result in a 10-year firearms prohibition, while a few carry a lifetime ban.

• Federal law can also impose a lifetime ban, even for certain California misdemeanors.

• Violations of these prohibitions are prosecuted aggressively and can lead to felony charges and prison time.

• It is possible in some cases to restore your gun rights, but the process can be complex.

California’s Gun Laws: The Basics

Under California Penal Code Section 29800 and Penal Code Section 29805, certain convictions—misdemeanors and felonies—result in the loss of gun rights. Anyone convicted of a felony in California loses the right to own or possess firearms for life. However, people are often surprised to learn that dozens of misdemeanor offenses also trigger a loss of gun rights.

The two most common types of gun prohibitions for misdemeanors are:

1. Ten-Year Ban (California Law)

2. Lifetime Ban (Federal Law, some California offenses)

Let’s break down how this works and which offenses are involved.

Misdemeanors That Prohibit Gun Ownership for 10 Years

California Penal Code Section 29805 lists over 40 misdemeanor convictions that result in a 10-year firearms prohibition. During this time, you cannot purchase, own, possess, or have access to a gun or ammunition. If you do, you risk being charged with a felony under Penal Code 29800.

Some of the most common misdemeanors that trigger a 10-year gun ban include:

Domestic Violence Offenses

• Battery on a Spouse, Cohabitant, or Dating Partner (PC 243(e)(1))

• Corporal Injury To Spouse (PC 273.5)

Violent or Assaultive Offenses

• Assault (PC 240)

• Assault with a Deadly Weapon (PC 245) – if charged as a misdemeanor

• Battery (PC 242)

• Assault with a Stun Gun or Taser (PC 244.5)

• Assault with Caustic Chemicals (PC 244)

Weapons Offenses

• Brandishing a Weapon (PC 417)

• Negligent Discharge of a Firearm (PC 246.3)

• Drawing or Exhibiting a Firearm in a Threatening Manner (PC 417(a)(2))

• Possession of a Deadly Weapon with Intent to Assault (PC 17500)

• Unauthorized Possession of Tear Gas (PC 22810(g)(1))

Threats and Stalking

• Criminal Threats (PC 422)

• Stalking (PC 646.9)

Sex Offenses

• Sexual Battery (PC 243.4)

Child and Elder Abuse

• Child Abuse or Endangerment (PC 273a)

• Elder or Dependent Adult Abuse (PC 368)

Other Specified Offenses

• Shooting at an Inhabited Dwelling (PC 246)

• Discharging a Firearm in a Grossly Negligent Manner (PC 246.3)

• Animal Cruelty (PC 597)

• Harassing or Threatening a Witness (PC 136.1)

Note: This is not an exhaustive list. The actual statute (PC 29805) contains many more offenses. Always check with a criminal defense attorney to see if a particular conviction is on the list.

Lifetime Ban for Certain Misdemeanors (Federal Law/Lautenberg Amendment)

Some misdemeanor convictions result in a lifetime firearms ban under federal law, even if California law imposes only a 10-year ban. The most important example of this is misdemeanor domestic violence under federal law.

The Lautenberg Amendment (18 U.S.C. § 922(g)(9))

Under the Lautenberg Amendment, anyone convicted of a “misdemeanor crime of domestic violence” is prohibited from possessing firearms for life—regardless of whether the conviction occurred in California or another state. This federal ban applies not only to spouses and cohabitants, but also to dating partners, ex-partners, and sometimes even roommates or family members.

If you’re facing a domestic violence-related misdemeanor, it’s critical to consult with a knowledgeable attorney who can help you understand the full legal consequences and advise you on your options.

Examples of qualifying offenses:

• Domestic battery (PC 243(e)(1))

• Corporal injury on spouse or cohabitant (PC 273.5)

• Certain child abuse or endangerment convictions (PC 273a)

• Other misdemeanors involving the use or attempted use of force against a domestic partner or family member

Why Does This Matter?

• You could be legal under California law after 10 years, but still banned for life under federal law.

• If you possess a gun after a qualifying misdemeanor, you risk federal felony prosecution and prison time.

• If you are unsure, consult an attorney before attempting to purchase or possess a firearm after any domestic violence misdemeanor conviction.

Typical Situations That Can Lead to a Firearm Ban

Example 1: Road Rage Incident
Maria is convicted of misdemeanor brandishing a weapon (Penal Code 417) after an argument with another driver escalates and she flashes a pocketknife out her car window. Because brandishing is a misdemeanor involving the use of a weapon, Maria faces a 10-year ban on gun ownership under California law—even though she has no prior record and the incident didn’t result in physical harm.

Example 2: Disturbing the Peace at Home
James and his longtime roommate get into a heated argument that turns physical. James is arrested and later convicted of misdemeanor disturbing the peace (Penal Code 415) with a finding of domestic violence. Due to the domestic relationship, James becomes subject to the federal Lautenberg Amendment, which imposes a lifetime firearms ban—regardless of the relatively minor nature of the underlying charge.

Example 3: School Grounds Incident
A teacher, Mr. Patel, is convicted of misdemeanor possession of a firearm on school grounds (Penal Code 626.9). This conviction results in an automatic 10-year prohibition on owning or possessing firearms in California. Even though the offense was non-violent and no students were threatened, Mr. Patel’s gun rights are affected for a full decade.

What Happens If You Violate the Gun Ban?

Violating a firearm prohibition—whether under California or federal law—is a serious criminal offense with severe consequences. If you are found to own, possess, purchase, or even attempt to acquire a firearm while under a gun ban, you could face:

• Felony charges under Penal Code 29800 PC (commonly known as “felon or prohibited person in possession of a firearm”)

• Up to three years in California state prison

• Federal felony charges, which often carry even longer prison sentences and mandatory minimums

• Permanent loss of your right to own or possess firearms

Prosecutors and law enforcement aggressively pursue these cases, even if the violation was unintentional or the result of a misunderstanding. A single mistake—such as having a firearm in your home or car—can lead to arrest, prosecution, jail time, and further erosion of your rights.

If you are under a gun ban, it is critical to take the restriction seriously and speak with a criminal defense attorney if you have any questions about your rights or obligations.

How to Restore Gun Rights After a Misdemeanor Conviction

If you’ve lost your firearm rights due to a misdemeanor conviction in California, you may have options to seek restoration—but the process can be complicated, and success is not guaranteed. Here’s what you need to know:

Expungement (Penal Code 1203.4)
Getting your misdemeanor expunged (dismissed from your criminal record) can be a valuable step for employment or licensing purposes. However, it does not automatically restore your right to possess firearms if your conviction is one of those listed in Penal Code 29805. The gun ban will still apply even if your record is expunged.

Reduction to a Lesser Offense
Sometimes, it’s possible to negotiate a reduction of your misdemeanor to a non-prohibiting offense, either at the time of plea bargaining or after conviction through post-conviction relief. If successful, this could restore your gun rights, but not all cases are eligible. It’s crucial to work with an experienced criminal defense attorney who understands how these laws work.

Certificate of Rehabilitation & Governor’s Pardon
In some situations, especially for more serious misdemeanors, your only path to restoring firearm rights may be to seek a Governor’s Pardon. This is a complex process that involves a waiting period, detailed paperwork, and a thorough review by the Board of Parole Hearings. Even then, approval is rare and not guaranteed. A Certificate of Rehabilitation can be a step in the process, but does not itself restore gun rights—it simply makes you eligible to apply for a pardon.

Federal Firearm Prohibitions
If you are subject to a federal lifetime ban (such as for a misdemeanor domestic violence conviction under the Lautenberg Amendment, federal law currently offers almost no pathway to relief. Even a California pardon may not be recognized federally, so it is especially important to consult a knowledgeable defense attorney if you’re affected by a federal prohibition.

Frequently Asked Questions (FAQ)

1. What if my misdemeanor conviction happened a long time ago—am I still banned from having a gun?
The length of your firearms ban depends on the specific offense. Most misdemeanors listed in Penal Code 29805 result in a 10-year ban from the date of conviction (not arrest). However, federal bans for domestic violence misdemeanors are for life. If you’re unsure when your ban expires, consult an attorney before attempting to purchase or possess a firearm.

2. Does the gun ban apply to ammunition or gun parts?
Yes. If you are prohibited from owning or possessing firearms, you are also barred from having ammunition, magazines, and sometimes even certain gun parts under California law. Possession of any of these items while under a firearms ban can lead to additional criminal charges.

3. Will expungement (record clearance) restore my gun rights?
No. An expungement under PC 1203.4 can help with jobs, licensing, and housing, but it does not lift a firearms ban for convictions listed in PC 29805 or for federal prohibitions. Gun rights restoration requires other legal remedies and, in some cases, may not be possible.

4. Can I get in trouble if I have a gun in my home but it belongs to someone else?
Yes. “Constructive possession” means you can be charged if you have access to a firearm in your home, car, or place of business—even if you do not own it or did not purchase it yourself. If you live with someone who legally owns guns, it’s important to take extra precautions to avoid being in “possession” under the law.

Talk to a Los Angeles Criminal Defense Attorney Today

Losing your right to own or possess firearms because of a misdemeanor conviction in California is more common—and more serious—than many people realize. Even a single non-violent or seemingly minor offense can lead to years or even a lifetime ban on your Second Amendment rights, with consequences that reach into every part of your life.

If you have been charged with, or convicted of, a misdemeanor and are concerned about your firearm rights, don’t wait to get answers. Attorney Arash Hashemi is a Los Angeles criminal defense attorney with over 20 years of experience helping clients understand their rights, pursue relief, and fight for the best possible outcome in even the toughest cases.

The Law Offices of Arash Hashemi represents clients across Los Angeles County in all types of criminal matters, including cases involving firearm restrictions. If you have concerns about your gun rights after a misdemeanor charge or conviction, early legal guidance can make a significant difference. Contact us today to discuss your situation and learn how we can help protect your rights and your future.

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Los Angeles, CA 90064
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Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.

3July 22, 2025 – Los Angeles, CA

A San Clemente man has been charged with 74 felony counts following an incident in which a vehicle struck dozens of people outside a nightclub in East Hollywood. According to the Los Angeles County District Attorney’s Office, Fernando Ramirez (age 29) faces 37 counts of attempted murder (Penal Code §§ 664/187) and 37 counts of assault with a deadly weapon (Penal Code § 245(a)(1)), as well as enhancements for inflicting great bodily injury on eight victims (Penal Code § 12022.7).

Incident Details

The charges arise from an event that occurred at approximately 2:00 a.m. on July 19, 2025, near the Vermont Hollywood nightclub on the 1000 block of North Vermont Avenue. Prosecutors allege that Ramirez was removed from the venue, then returned a short time later and drove his vehicle onto the sidewalk where a crowd was gathered. According to the Los Angeles Police Department, the vehicle struck 37 individuals, resulting in injuries ranging from minor abrasions to broken bones and more serious trauma.

Witnesses report that some victims were trapped beneath the vehicle before bystanders intervened. After the incident, Ramirez was reportedly pulled from the vehicle and detained until police arrived. During the altercation, a bystander shot Ramirez once in the lower back. He was later transported for medical treatment and remains in custody.

Legal Proceedings

Ramirez was formally charged on July 22, 2025. The complaint also alleges that Ramirez was out on bail for a pending domestic violence case in Orange County at the time of the incident, which may result in additional sentencing enhancements under Penal Code § 12022.1.

If convicted on all counts, Ramirez faces multiple potential sentences of life in California state prison.

He is scheduled for arraignment at the Clara Shortridge Foltz Criminal Justice Center. The case is being prosecuted by the Major Crimes Division of the Los Angeles County District Attorney’s Office and was investigated by the LAPD Rampart Division.

Additional Investigation

Authorities are seeking the public’s assistance in identifying a man who shot Ramirez after the vehicle came to a stop. The shooter, who fled the scene, is described as a Hispanic male wearing a blue Dodgers jacket and a light blue jersey with the number “5.”

Thirty-seven people were injured in the incident. The injured include patrons and street vendors who were outside the nightclub at the time. Some victims have been released from the hospital; others remain under medical care. Families of those injured, including local vendors, are seeking support for medical expenses.

Defendant’s Background

According to public statements by the District Attorney’s Office and media reports, Ramirez has a history of violent offenses, including a pending domestic violence case and prior convictions for battery and related charges in Orange County. At the time of the East Hollywood incident, Ramirez was reportedly out on bail for the pending matter.

As with all criminal cases, the charges filed against Fernando Ramirez are allegations. The defendant is presumed innocent unless and until proven guilty in a court of law.

What Qualifies as Great Bodily Injury Under PC 12022.7?

Under California Penal Code 12022.7(f), great bodily injury (GBI) means a significant or substantial physical injury—something more serious than minor cuts, scrapes, or discomfort. Whether an injury qualifies as GBI is not automatically decided by the type of injury alone; it’s typically left to a judge or jury to decide based on the specific facts of the case.

Importantly, GBI doesn’t have to be permanent or life-threatening. What matters is that the injury caused serious physical harm beyond what’s considered minor or moderate.

Physical Injuries That May Qualify as GBI Under California Law

• Broken bones or fractures

• Concussions, especially with loss of consciousness

• Gunshot wounds

• Second- or third-degree burns

• Deep cuts or lacerations that require stitches

• Permanent scarring or disfigurement

• Paralysis or loss of bodily function

• Traumatic brain injuries

• Dog bites resulting in significant tissue damage

• Severe swelling, bruising, or internal injuries

Each case is different, and prosecutors often try to stretch the definition of GBI to increase sentencing exposure. That’s why it’s critical to work with a Los Angeles criminal defense attorney who can challenge whether the injury truly meets the legal threshold.

When Does PC 12022.7 Apply in a Criminal Case?

A sentencing enhancement for great bodily injury (GBI) can be added when someone is convicted of a felony or attempted felony and personally causes serious physical harm to another person—not an accomplice. This enhancement increases the potential prison time and can turn an otherwise low-level felony into a much more serious case.

Common Felony Charges That May Trigger a GBI Enhancement

• Assault with a deadly weapon (Penal Code 245)

•  Corporal Injury To Spouse (Penal Code 273.5)

• Robbery (Penal Code 211)

• DUI causing injury (Vehicle Code 23153)

• Attempted murder (Penal Code §§ 664/187)

When Does a Great Bodily Injury Enhancement Not Apply?

• Misdemeanor charges

• Minor or moderate injuries

• Injuries caused by someone other than the defendant

• Injuries that occurred before or after the felony act

• Charges like murder or manslaughter (where serious harm is already assumed)

• Certain arson offenses (PC 451 or 452)

• Felony hit-and-run (Vehicle Code § 20001)

PC 12022.7 Sentencing Enhancements & Penalties

When the prosecution proves that a defendant personally caused great bodily injury during the commission of a felony, the court can impose additional prison time on top of the base sentence. These extra years are served consecutively—meaning they’re added after the main sentence, not served at the same time.

The length of the sentence enhancement depends on the facts of the case, including the nature of the injury and the victim’s age:

• 3 extra years for most felonies where GBI is proven

• 5 extra years if the injury caused paralysis or a coma due to brain trauma

• 5 extra years if the victim was 70 years old or older

• 4, 5, or 6 extra years if the victim was a child under the age of five

• 3, 4, or 5 extra years when the GBI occurred in the context of domestic violence

In addition to the extended sentence, a GBI enhancement usually qualifies as a “strike” under California’s Three Strikes Law. That means future felony convictions—regardless of type—could lead to doubled sentences or even life in prison.

Drug manufacturing charges in California are prosecuted aggressively and can carry life-changing consequences. Under California Health & Safety Code § 11379.6, even possessing chemical components or basic lab equipment may be enough to trigger felony charges. If you’re under investigation or have already been arrested, it’s critical that you speak with a Los Angeles drug crime lawyer before talking to law enforcement. You may have legal defenses available that could result in reduced charges—or even a full dismissal.

What Is Drug Manufacturing Under California Law?

Under California Health and Safety Code § 11379.6, drug manufacturing involves the illegal creation, preparation, compounding, or processing of controlled substances. You don’t need to be running a full-scale lab—just being involved in the production or chemical processing of illegal drugs, even at home, can trigger a felony charge.

Common substances tied to manufacturing charges include:

• Methamphetamine

• Cocaine or crack

• Heroin

• LSD or other hallucinogens

• Synthetic opioids

• Concentrated cannabis (in certain contexts)

Even the possession of precursor chemicals or drug lab equipment may be used to build a case against you.

Counterfeit Substances and Federal Charges

In line with federal law under 21 U.S. Code § 841, California prosecutors may also pursue charges involving counterfeit controlled substances. These are substances intentionally misrepresented—such as packaging or labeling that falsely implies they were produced by a licensed manufacturer or pharmaceutical company. Even if the chemical makeup doesn’t match the intended drug, creating or distributing counterfeit substances can result in felony charges. These cases are prosecuted with equal seriousness, as they can mislead consumers and contribute to dangerous drug circulation.

What the Prosecutor Must Prove

To secure a conviction under 11379.6 HS, the prosecution must prove, beyond a reasonable doubt, that:

• The defendant knowingly and intentionally engaged in the manufacturing process, which includes producing, compounding, converting, or preparing a controlled substance.

• The defendant was aware, or reasonably should have been aware, that the substance involved was classified as a controlled substance under California law.

Importantly, the prosecution does not need to show that the manufacturing process was completed or that a usable product was produced. Courts have found that a substantial step toward the creation of an illegal drug, combined with the intent to manufacture, is sufficient to support a conviction under this statute.

Examples of Drug Manufacturing Charges

Example 1: You rent a storage unit where police discover large amounts of pseudoephedrine, glassware, and heat sources commonly used in meth production. Surveillance footage shows you entering the unit with lab supplies. Even without finished drugs, prosecutors may charge you under 11379.6 HS.

Example 2: You’re found with a small amount of marijuana, a pipe, and a lighter in your home. There’s no lab setup, no chemicals, and no indication of manufacturing. In this case, you’re more likely facing a simple possession charge, not manufacturing.

Related Offenses

• Drug possession under HSC § 11350, if the substance is found in your control.

• Possession for sale or distribution under HSC § 11351 or § 11352, based on intent to distribute.

• Maintaining a drug house under HSC § 11366, if your property is used for illicit drug activity.

• Possession of drug paraphernalia under HSC § 11364.

• Possessing drug manufacturing materials, such as chemicals or equipment used to make methamphetamine or PCP.

• Possession for sale of a controlled substance, charged when drugs are held with intent to sell.

• Sale or transportation of a controlled substance, involving distribution or furnishing of drugs.

• Operating a drug house, maintaining a location where drug use or sales occur.

What Are the Penalties for Drug Manufacturing Under California Health & Safety Code 11379.6?

• 3, 5, or 7 years in state prison

• Fines up to $50,000

• Formal probation (in limited cases)

Sentence Enhancements Apply If:

• A child under 16 was present in the drug lab: +2 years

• Lab was near a home, school, or inhabited building: +3 years

• Large quantities (e.g., more than 3 gallons of liquid meth): +5 years

• Prior felony drug convictions: additional time added

• Death or serious injury occurred: major enhancement

Federal law under 21 U.S. Code § 841 may also apply in large-scale or interstate drug cases, carrying 5 years to life in federal prison depending on quantity and prior convictions.

Defenses to Drug Manufacturing Charges

A person accused of manufacturing drugs in California may raise several defenses depending on the facts of the case. One of the most common is a lack of intent. The defendant might argue that they lacked the required mental state to sustain a manufacturing charge—specifically, that they did not know they were helping create an illegal substance. However, California courts often treat “willful blindness” as equivalent to actual knowledge. If a person deliberately avoids confirming their role in drug production, the court may still infer guilty intent.

Defendants may also challenge the legality of law enforcement actions. If police conducted a search without a warrant or probable cause, evidence such as chemicals, lab equipment, or narcotics could be excluded under the Fourth Amendment. Similarly, any incriminating statements obtained without proper Miranda warnings may be suppressed.

Another defense arises from the lawful use of chemical substances. Many precursor materials and common lab tools have legitimate uses—such as in agriculture, science education, or essential oil production. If prosecutors rely solely on the presence of these items, your criminal defense attorney can argue that there was no intent to manufacture drugs and no illegal activity occurred.

Legal Use of Precursors: A Defense Strategy

Many chemical substances associated with drug manufacturing also have legitimate commercial or household uses. For instance, ethanol may be used in essential oil production, and iodine or pseudoephedrine might be lawfully possessed for agricultural or medical reasons. When charges are based primarily on the presence of these items, the defense may argue that they were used for innocent or lawful purposes unrelated to drug production. Showing a legitimate, non-criminal use for the substances or tools can significantly weaken the prosecution’s case—especially if no final product or active manufacturing was found.

Charged with Drug Manufacturing in Los Angeles? We Can Help.

At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients against serious drug offenses across Los Angeles County. As an experienced Los Angeles drug crime lawyer, Attorney Arash Hashemi personally handles every case, crafting strategic and aggressive defenses tailored to your unique circumstances.

Drug manufacturing cases often involve complex chemical evidence, lab testing, and procedural issues. We know how to challenge illegal searches, unreliable lab results, and flawed investigative practices. If you’ve been charged under California’s drug manufacturing laws, our team will assess your case, protect your rights, and fight for the best possible outcome—whether that means reduced charges, alternative sentencing, or full dismissal.

Schedule Your Consultation Today

📞 Phone: (310) 448-1529
📅 Schedule Your Free 15-Minute Consultation: Conveniently book online through our secure system.
📧 Email: Contact@hashemilaw.com
🏢 Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
⏰ Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling, including weekend appointments.

Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.

In California, it’s not just felony convictions that can take away your right to own a firearm. Under Penal Code 29805, a misdemeanor conviction for certain offenses can result in a 10-year firearm ban—a surprise for many individuals who assumed their rights were safe.

This provision of California law plays a major role in the state’s efforts to regulate who can legally possess a gun. If you’re facing charges or have already been convicted of a listed misdemeanor, it’s crucial to understand what PC 29805 means, who it affects, and what legal steps you can take to avoid or recover from its penalties.

What Is California Penal Code 29805?

California Penal Code 29805 prohibits individuals from owning, possessing, purchasing, or receiving a firearm for 10 years if they are convicted of certain specified misdemeanors. The law is part of California’s broader firearm regulations and is designed to keep guns out of the hands of individuals the state considers potentially dangerous—even if they haven’t committed a felony.

The key element of PC 29805 is that it doesn’t apply to all misdemeanors—only to those specifically listed in the statute. These offenses generally involve violence, threats, weapons, or domestic abuse, but also include other crimesthat reflect poor judgment or potential danger to others.

Which Misdemeanors Trigger California’s 10-Year Firearm Ban?

• Battery (PC § 242)

• Assault (PC § 240)

• Criminal threats (PC § 422)

• Domestic battery (PC § 243(e)(1))

• Brandishing a firearm (PC § 417)

• Intimidating a witness (PC § 136.1)

• Stalking (PC § 646.9)

• Sexual battery (PC § 243.4)

• Violating a restraining order (PC § 273.6)

• Assault with a stun gun or taser (PC § 244.5)

• Assault on a peace officer (PC § 241(c))

• Negligent discharge of a firearm (PC § 246.3)

How Is the 10-Year Ban Enforced?

Once a qualifying conviction is entered, it is reported to the California Department of Justice (DOJ) and flagged in state and federal databases, including the National Instant Criminal Background Check System (NICS).

This means:

• You cannot purchase or transfer a firearm in California during the ban

• If you already own firearms, you may be required to relinquish or transfer them

• Violating the ban (by possessing or attempting to buy a gun) is a felony under PC § 29805 and PC § 29815

The DOJ and local law enforcement are authorized to confiscate firearms from individuals found to be in unlawful possession after a qualifying conviction.

Does Federal Law Apply Too?

Yes. In some cases, federal law overlaps with or expands on PC 29805. Most notably, misdemeanor domestic violence convictions may result in a lifetime ban under the Lautenberg Amendment to the Federal Gun Control Act.

So even after your 10-year ban expires under California law, federal law may still prohibit you from owning a gun—especially if your conviction involved a spouse, partner, or family member.

Is There Any Way to Restore Gun Rights Sooner?

Potentially, yes. But it depends heavily on the nature of your conviction and whether you’re eligible for post-conviction relief. Here are some common avenues:

• Expungement (PC § 1203.4): While expunging your record may help with employment and housing, it does not automatically restore firearm rights under PC 29805.

• Reduction to an Infraction (PC § 17(b)): If the offense was a “wobbler” (a crime that can be charged as either a misdemeanor or felony), you may petition the court to reduce it to an infraction—which may not carry a firearm ban.

• Certificate of Rehabilitation or Governor’s Pardon: These are more difficult to obtain but may be options in certain cases, particularly after the 10-year period has expired.

• Legal challenges: In rare instances, a conviction can be vacated due to a procedural error or ineffective assistance of counsel, which could also lift the firearm restriction.

Who Does PC 29805 Affect the Most?

• First-time offenders who accept plea deals to avoid jail

• Veterans or law enforcement applicants who risk losing career opportunities

• Legal firearm owners unaware that their rights are being restricted

• Individuals involved in domestic disputes that escalate into criminal charges

Why Legal Representation Matters

It’s not uncommon for misdemeanor defendants to plead guilty quickly to “just get it over with”—especially when offered a deal that avoids jail. But without understanding the collateral consequences, that plea could cost you your gun rights for a decade.

A skilled defense attorney can work to:

• Negotiate non-disqualifying charges

• Advocate for diversion or counseling programs

• Push for a dismissal, acquittal, or infraction reduction

• Fight to preserve your record and constitutional rights

It’s not just about avoiding jail—it’s about protecting your future.

Talk to a Los Angeles Gun Rights Lawyer About Penal Code 29805

A conviction that falls under Penal Code 29805 might seem like a misdemeanor on paper—but it carries serious consequences that last a full decade. If you’re charged with or recently convicted of one of the listed offenses, your ability to legally own or purchase a firearm in California will be taken away for the next ten years.

These consequences can affect your personal safety, your profession, and even your future rights under federal law. But there are legal options available—and the sooner you take action, the better your chances of protecting those rights.

At The Law Offices of Arash Hashemi, we’ve spent more than 20 years defending clients in Los Angeles who are facing the long-term effects of misdemeanor charges. Attorney Arash Hashemi personally reviews each case and works to find the most effective path forward—whether it’s fighting the charge, pursuing expungement, or restoring your firearm rights.

Contact our office today to schedule a free case evaluation. We represent clients throughout Los Angeles, including Hollywood, Downtown LA, Santa Monica, Beverly Hills, and Culver City. Don’t wait until your rights are permanently limited—get the legal help you need now.

Schedule Your Consultation Today

📞 Phone: (310) 448-1529
📅 Schedule Your Free 15-Minute Consultation: Conveniently book online through our secure system.
📧 Email: Contact@hashemilaw.com
🏢 Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
⏰ Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling, including weekend appointments.

Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.

California treats crimes involving firearms with extreme seriousness, and that includes not just illegal possession or use—but also tampering with a firearm’s identifying marks. Under Penal Code 23900 PC, it’s a felony to alter, remove, obliterate, or destroy a firearm’s serial number or any other identifying information.

Whether you’re a gun owner, collector, or simply someone who has come into possession of a firearm, understanding PC 23900 is crucial. The consequences of a conviction include years in state prison, heavy fines, and a permanent felony record.

What Does Penal Code § 23900 Prohibit?

“Change, alter, remove, or obliterate the name of the maker, model, manufacturer’s number, or other mark of identification on any firearm.”

This statute doesn’t just apply to removing a gun’s serial number. It also includes:

• Filing down or scratching off model numbers

• Replacing firearm parts to conceal origin

• Painting over identifying engravings

• Manufacturing or assembling firearms with no identifying marks (such as ghost guns)

Even attempting to alter these marks—with tools or instructions—can result in charges under this statute.

Why Does This Law Exist?

The identification marks on firearms, especially serial numbers, are crucial for:

• Tracing weapons used in crimes

• Registering ownership legally in California

• Tracking sales and transfers of firearms

• Complying with both state and federal firearm regulations

Law enforcement depends on these markings to solve crimes and prosecute illegal gun use. As such, tampering with firearm IDs is seen as an effort to hide criminal activity—even if you had no intent to commit a violent offense.

Penalties for Violating Penal Code § 23900

• 16 months, 2 years, or 3 years in California state prison

• A maximum fine of $3,000

• Formal felony probation in some cases

• Permanent loss of firearm rights

• A felony strike on your criminal record (in certain cases, depending on circumstances)

And these are just the criminal penalties. A conviction could also impact your:

• Employment prospects

• Immigration status

• Eligibility for professional licenses

• Parental rights in custody disputes

If you’re already a convicted felon, this charge could be used to enhance a sentence or even trigger Three Strikes penalties, making it essential to defend aggressively.

What If I Didn’t Know the Serial Number Was Removed?

Intent is an important part of PC 23900 prosecutions. The law specifically targets people who knowingly alter or remove identification marks.

So, if you’re accused of possessing a firearm with obliterated markings, but you had no knowledge of the alteration—or were not the one who modified the weapon—you may have a valid defense.

That said, prosecutors may try to argue that possession alone implies knowledge, especially if the weapon was in your home, vehicle, or clothing. This is where the experience of a defense attorney becomes critical.

Common Legal Defenses Against PC 23900 Charges

• Lack of knowledge: You didn’t know the firearm was altered.

• No intent to commit a crime: You did not remove or obscure the markings yourself.

• False accusations: Someone else may have tampered with the gun.

• Illegal search or seizure: If the firearm was discovered during an unconstitutional search, the evidence may be inadmissible.

• Lawful possession of a damaged or antique firearm: Some vintage or damaged weapons may have missing markings unintentionally—not through criminal conduct.

Each case is different, and the right strategy depends on the specific facts, including where the gun was found, your criminal history, and the evidence against you.

How Does This Law Relate to Ghost Guns and Homemade Firearms?

The rise of ghost guns—firearms assembled from parts without serial numbers—has increased enforcement of laws like PC 23900. California now requires that all self-made or privately assembled firearms be:

• Properly registered

• Assigned a DOJ-issued serial number

• Marked in accordance with California and federal law

Failure to comply with these regulations can not only result in PC 23900 charges, but also additional charges related to unlawful manufacturing or possession under PC 29180 and PC 30600.

Is Altering a Toy Gun Illegal Too?

PC 23900 also applies to imitation firearms, such as BB guns or airsoft guns, when used to commit or simulate a crime. If someone tries to make a toy gun look more like a real firearm for illegal purposes, that can lead to criminal charges—although often under related statutes rather than PC 23900 itself.

Still, the seriousness with which California treats any manipulation of firearm appearance or identity should not be underestimated.

Federal Consequences for Serial Number Tampering

In addition to state charges, altering a firearm’s serial number is a federal crime under 18 U.S.C. § 922(k). A federal conviction can result in:

• Up to 5 years in federal prison

• Federal felony record

• Additional restrictions on firearm possession and civil rights

This is particularly important if the weapon crossed state lines, was used in a federal crime, or was sold through interstate commerce. Prosecutors may decide to pursue charges at the federal level in serious cases.

Talk to a Los Angeles Criminal Defense Attorney

A charge under Penal Code 23900 is not something to take lightly. Tampering with or possessing a firearm that has had its serial number altered can result in felony charges, state prison time, and long-term consequences that affect your civil rights and future opportunities.

At The Law Offices of Arash Hashemi, we’ve helped clients throughout Los Angeles County fight complex gun charges for over 20 years. Attorney Arash Hashemi personally handles every case, bringing the legal knowledge and courtroom skill needed to protect your future.

Contact our office today to schedule a free case evaluation. We proudly serve clients throughout Downtown Los Angeles, Hollywood, Santa Monica, Westwood, and the greater West LA area.

Schedule Your Consultation Today

📞 Phone: (310) 448-1529
📅 Schedule Your Free 15-Minute Consultation: Conveniently book online through our secure system.
📧 Email: Contact@hashemilaw.com
🏢 Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
⏰ Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling, including weekend appointments.

Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.

California has some of the strictest gun laws in the country—and they’re getting tighter every year. While most people assume that only felony convictions affect your right to own a firearm, the truth is more surprising. In fact, certain misdemeanor convictions in California can trigger a firearm ban lasting 10 years—or even for life.

If you’re a Los Angeles resident or simply a gun owner concerned about your rights, knowing which misdemeanor offenses can cost you your Second Amendment rights is not just smart—it’s essential.

At The Law Offices of Arash Hashemi, we regularly represent individuals facing criminal charges with far-reaching consequences. Let’s break down what these laws mean in 2025 and how you can protect your future if you’re charged with a qualifying misdemeanor.

Misdemeanors That Trigger a 10-Year Firearm Ban in California

Under California Penal Code § 29805, over 40 specific misdemeanors will ban you from possessing or purchasing a firearm for 10 years. Here are some of the most common ones we see clients get surprised by:

• Assault or battery (including simple battery under PC § 242)

• Criminal threats (PC § 422)

• Domestic battery (PC § 243(e)(1))

• Stalking (PC § 646.9)

• Brandishing a weapon (PC § 417)

• Intimidating a witness (PC § 136.1)

• Negligent discharge of a firearm (PC § 246.3)

• Sexual battery (PC § 243.4)

• Violating a protective order (PC § 273.6)

Federal Law: Lifetime Firearm Bans for Domestic Violence Misdemeanors

Things get even more serious under federal law. The Lautenberg Amendment to the Gun Control Act imposes a lifetime firearm ban on anyone convicted of a misdemeanor crime of domestic violence.

Even if your case is prosecuted in a California court, federal law overrides state law when it comes to gun ownership rights. That means:

• If you’re convicted of any misdemeanor involving domestic violence—even one without physical injury—you can never legally own or possess a firearm again in the U.S.

What counts as a domestic violence misdemeanor under federal law?

• Battery on a spouse, partner, or parent

• Threats of force or violence

• Violations of restraining orders that involve a threat or physical contact

And no, expunging your record doesn’t automatically restore your gun rights under federal law. Many people find this out the hard way when trying to buy a firearm and getting flagged during a background check.

Ghost Gun Laws and Expanded Definitions (2025 Update)

As of 2025, California continues to aggressively enforce restrictions on “ghost guns”—privately made firearms without serial numbers. Even non-violent misdemeanors involving ghost gun possession or illegal manufacturing may be charged in ways that impact your future gun rights.

For example, being convicted of possessing a ghost gun without proper registration could not only bring serious fines and jail time but also open the door to firearm prohibitions depending on how prosecutors frame the case.

And if you’re already under a 10-year ban, getting caught with a firearm is a felony—regardless of whether the gun was ever fired.

Firearm Prohibitions While on Probation

This is a subtle but critical point: Even if your misdemeanor isn’t on the 10-year ban list, judges often impose probation conditions that include temporary firearm bans. These aren’t always clearly explained in court, but violating them can land you in serious trouble.

So if you’re currently on probation—even for a nonviolent misdemeanor like vandalism or trespassing—don’t assume you can keep your gun legally. Always check your court documents and consult with your attorney.

What If I’m a Lawful Gun Owner Already?

That’s where it gets extra frustrating. Many defendants are law-abiding gun owners who end up caught in the criminal system due to a single mistake, an emotional argument, or a misunderstanding.

Once convicted of a qualifying misdemeanor, you’ll be required to relinquish any firearms you currently own, either by:

• Selling them to a licensed firearms dealer

• Transferring them to law enforcement

• Giving them to someone legally permitted to own guns (with court approval)

Failing to comply could lead to new criminal charges, which may result in additional jail time and fines.

How Can a Criminal Defense Lawyer Help?

Your defense doesn’t end at avoiding jail. A skilled attorney will also fight to protect your long-term rights, including your right to bear arms. That’s why you need someone who:

• Knows how to negotiate reduced charges

• Can advocate for diversion programs

• Fights to avoid gun-restricting plea deals

• Understands the intersection of state and federal firearm laws

Talk to a Los Angeles Criminal Defense Lawyer About Firearm Rights After a Misdemeanor

If you’ve been arrested or charged with a misdemeanor offense that could impact your right to own or possess a firearm, you can’t afford to wait. Many people don’t realize that even a seemingly minor conviction can trigger a 10-year or lifetime ban on firearm ownership under California and federal law.

At The Law Offices of Arash Hashemi, we understand how much your Second Amendment rights matter—and we fight to protect them. With over 20 years of experience defending clients throughout Los Angeles County, Attorney Arash Hashemi personally handles every case with the precision and dedication it deserves.

Whether you’re facing charges in Santa Monica, Beverly Hills, Culver City, or Westwood, we’re here to help you understand your rights, challenge the charges, and work toward a result that protects your future—and your freedom.

Schedule Your Consultation Today

📞 Phone: (310) 448-1529
📅 Schedule Your Free 15-Minute Consultation: Conveniently book online through our secure system.
📧 Email: Contact@hashemilaw.com
🏢 Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
⏰ Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling, including weekend appointments.