Should I Take a Plea Deal or Go to Trial in California?

If you’re facing criminal charges in Los Angeles, one of the first big questions you’ll likely hear is: “Are you going to take a deal or go to trial?” That decision can feel overwhelming — especially if this is your first time in the system and you have no idea what to expect.

At The Law Offices of Arash Hashemi, we help people make that decision every day. With over 20 years of experience handling cases in LA County courts, we know how prosecutors operate, what judges will or won’t accept, and how to negotiate outcomes that protect your freedom and your future.

Not every case should go to trial — but not every plea deal is worth taking, either. We take the time to review the facts, evaluate the risks, and help you make the right move based on your situation — not pressure or fear.

What Is a Plea Deal in a Criminal Case?

A plea deal (or plea bargain) is an agreement where you plead guilty or no contest — usually in exchange for something that benefits you: a reduced charge, a lighter sentence, or the dismissal of other charges.

Most criminal cases in California — even serious felonies — are resolved this way, not through a jury trial. But that doesn’t mean a deal is always the right choice.

Depending on your charges, criminal history, and the strength of the evidence, the DA may offer:

• A reduction from a felony to a misdemeanor

• No jail time in exchange for probation, classes, or restitution

• A dismissal of other charges in exchange for a plea to one count

These offers usually come after your arraignment and before trial — but in some cases, we can push for early resolutions before the case builds momentum.

When you work with our firm, Attorney Hashemi personally evaluates the offer and walks you through the pros and cons. Sometimes we advise clients to accept a deal and move on with their life. Other times, we fight the case all the way.

What Are the Pros and Cons of Taking a Plea Deal?

If the prosecution offers a plea deal, you’re being asked to trade something now (a guilty or no-contest plea) for something later (avoiding the risks of trial). That can be a smart move — or it can be a trap, depending on the deal and the facts of your case.

Here’s how we break it down with our clients:

Potential Benefits of a Plea Deal:

• You avoid the risk of trial. If there’s a chance you could be convicted and face harsher penalties, a deal can give you more control over the outcome.

• It might keep you out of jail. Many plea deals involve probation, classes, or restitution instead of time behind bars.

• You could get a reduced charge. For example, a felony might be dropped to a misdemeanor, or a misdemeanor to an infraction.

• It ends the case faster. Trials can drag on for months. A plea brings closure quickly and lets you move forward.

Potential Downsides of a Plea Deal:

• You have to plead guilty (or no contest). That means giving up your right to fight the charges in court.

• It creates a criminal record. Even if there’s no jail time, the conviction can follow you — on background checks, professional licenses, and more.

• You may lose appeal rights. In most cases, once you take a deal, you waive your right to challenge it later.

• It can affect immigration or licensing. Non-citizens may face deportation, and licensed professionals (like nurses or contractors) may face disciplinary action.

This is why we don’t just look at “the deal” — we look at the whole picture: your goals, your risks, your future. Attorney Hashemi will walk you through every consequence and make sure the decision is yours — fully informed and based on what’s best for you.

What Happens If I Go to Trial?

Choosing to take your case to trial is a major decision — and it comes with both opportunity and risk.

At trial, you keep every constitutional protection you’re entitled to. You are presumed innocent. The prosecution must prove every element of the crime beyond a reasonable doubt. You don’t have to testify. And if the jury doesn’t believe the evidence, you walk out completely cleared.

For some clients, trial is the right call — especially when the evidence is weak, there’s a credible defense, or the offer on the table just isn’t worth it.

But here’s what else you should consider:

• If you lose at trial, the judge can impose a harsher sentence than what was offered in the plea deal. That’s the risk you take.

• Trials are public. The case may draw more attention or impact your reputation.

• It’s a longer process — trials in Los Angeles can take months to prepare, and days (or weeks) to complete, depending on the case.

What Does a Trial Actually Look Like?

If you’ve never been through one, here’s a basic overview of the criminal trial process in California:

1. Jury selection – Both sides help select 12 jurors (plus alternates) to hear your case.

2. Opening statements – The prosecutor and your defense attorney lay out what they expect the evidence to show.

3. Witness testimony and cross-examination – Each side presents evidence and questions witnesses. This is where the case is truly won or lost.

4. Closing arguments – Final chance for each side to speak directly to the jury.

5. Jury deliberation and verdict – The jury must agree unanimously to convict or acquit.

6. Sentencing (if convicted) – If the jury finds you guilty, the judge decides the sentence later — sometimes the same day, sometimes weeks later.

Not every case should go to trial. But when we believe it’s in your best interest — or when the deal simply isn’t good enough — we don’t hesitate to fight. Attorney Hashemi has over two decades of trial experience and will walk into court with a clear, aggressive strategy focused on protecting your future.

How Do I Know Which Option Is Best for Me?

Deciding whether to accept a plea deal or go to trial isn’t something you should do based on pressure or fear — it should be based on the facts of your case, the risks involved, and what matters most to you.

When you work with our firm, one of the most important things we do is help you make that call with your eyes wide open.

Attorney Hashemi evaluates every plea offer through the lens of experience, strategy, and what’s actually at stake for you — not what’s convenient for the system.

Factors We Consider:

• How strong is the evidence against you?
  Are there surveillance videos, witnesses, or confessions? Or is the case based on shaky statements or weak circumstantial facts?

• Can key evidence be challenged or suppressed?
  If the police violated your rights — during a stop, search, or arrest — we may be able to keep certain evidence out, changing the entire playing field.

• Are the witnesses credible?
  Inconsistencies, bias, or credibility issues can raise serious doubt at trial.

• What are the risks if we lose at trial?
  We weigh what sentence the judge could impose versus what the DA is offering. Sometimes, the trial risk is worth it. Sometimes, it’s not.

• Do you qualify for diversion or alternatives?
  If you’re eligible for a program that keeps your record clean, that might change everything — especially for first-time offenders.

• Who’s handling the case?
  Judges and prosecutors aren’t all the same. We know how certain players operate in different LA courtrooms — and we use that to your advantage.

No Two Cases Are the Same

Even if your charges sound like someone else’s, the right path forward is personal. We don’t push clients toward trial to “make a point,” and we don’t rush them into plea deals just to close cases. We sit down, break it all down, and help you make a smart, informed decision based on your life — not anyone else’s.

Should I Take a Plea Deal If I’m Innocent?

It’s one of the hardest questions a person can face:
“If I didn’t do it… should I still take the deal?”

In a perfect world, every innocent person would have their day in court — and walk free. But in the real world, the criminal justice system is far from perfect. Trials are unpredictable. Prosecutors don’t always play fair. And even innocent people can be convicted if the odds are stacked against them.

Why Some Innocent People Take Plea Deals

For many, the risk of going to trial — and possibly being found guilty — is just too high. This is especially true when the stakes involve:

• A felony record

• Mandatory prison time

• Strike offenses under California’s Three Strikes Law

• Immigration consequences like deportation or denial of citizenship

In some cases, prosecutors offer a reduced charge, no jail time, or even a diversion program — but only if you plead guilty. It’s not fair, but it’s common.

This Is a Strategic Decision — Not a Moral Failure

Choosing a plea deal doesn’t mean you’re admitting you did something wrong. It means you’re choosing the outcome with the lowest risk based on the facts, the law, and the reality of the courtroom.

At our firm we don’t pressure clients to plead guilty — and we don’t encourage unnecessary trials. We explain your options, the risks, and what the prosecution has (and doesn’t have), so you can make the call with confidence.

If you’re innocent, we’ll fight for that truth. But if the evidence is shaky, the risk is high, and a plea deal offers a safer path forward, we’ll make sure you understand exactly what you’re trading — and why.

Sometimes fighting is the right move. Sometimes protecting your future means making a hard choice. We’ll help you figure out which is which.

Talk to a Los Angeles Criminal Defense Attorney Before You Decide

If you’re facing criminal charges in Los Angeles, deciding whether to take a plea deal or go to trial isn’t something you should do alone — or under pressure. The outcome could affect your freedom, your record, and your future for years to come.

At The Law Offices of Arash Hashemi, we’ve spent over 20 years guiding clients through this exact decision. Attorney Hashemi knows how prosecutors think, how local judges sentence, and when it’s smarter to fight — or negotiate. When you meet with us, our criminal defense attorney will sit down with you personally, review your charges, analyze the strengths and weaknesses of the case, and walk you through every option — clearly and without pressure.

Before you make any decisions, make sure you have real answers and experienced legal guidance on your side. Contact our office today to schedule your free, confidential consultation and take the first step toward protecting your future.

Schedule a Free Consultation

📞 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.

Los Angeles Shoplifting Laws and Penalties – What You Need to Know

If you were recently caught shoplifting in Los Angeles — or if your child, spouse, or loved one was cited or arrested — you’re not alone. Shoplifting is one of the most commonly charged theft-related crimes in California, and many first-time offenders don’t realize how serious the consequences can be.

Whether you were detained by store security, received a citation with a court date, or are getting letters from the store’s lawyers, it’s normal to feel overwhelmed and unsure of what happens next. A shoplifting charge might seem minor, but it can carry real consequences — including jail time, fines, and a permanent mark on your criminal record.

This guide explains how shoplifting is defined under California law, what to expect after an arrest, and how a Los Angeles criminal defense attorney can help you avoid the most serious penalties.

What Is Considered Shoplifting Under California Law?

Under California Penal Code 459.5 PC, shoplifting is defined as entering a commercial business during regular hours with the intent to steal merchandise valued at $950 or less.

Key things to understand:

• Shoplifting is typically charged as a misdemeanor, even if no items were successfully taken.

• Intent is enough — you don’t have to walk out of the store with merchandise to be charged.

• You can still be arrested or cited even if you were stopped inside the store or had not yet concealed anything.

• A conviction can lead to jail time, probation, and a criminal record that shows up on background checks.

While Penal Code 459.5 was designed to reduce penalties for low-level theft, prosecutors in Los Angeles still take these cases seriously — especially if there’s prior history or the store pushes for charges.

If you’ve been accused of shoplifting, the next steps are critical. Let’s break down what typically happens after you’re detained or cited.

What Happens After You’re Caught Shoplifting?

If you were just stopped by store security for shoplifting, you’re likely confused, anxious, and unsure of what to expect next. This is one of the most common moments people start searching online — usually late at night after being cited and released — trying to figure out what’s going to happen.

Here’s what typically happens after a shoplifting incident in Los Angeles:

• You’re detained by store loss prevention. Most large retail stores have trained security or “loss prevention officers” who will stop you if they suspect theft. They’ll bring you to a back room, ask for your ID, and may ask you to sign documents or admit guilt. You are not legally required to sign anything or answer questions — especially without an attorney present.

• A report is written. Loss prevention staff will document what happened, take photos of the items, and sometimes video footage. This report is often passed to police or prosecutors — even if the store doesn’t pursue charges themselves.

• Law enforcement may be called. LAPD or local police may respond. Depending on the situation and your criminal history, you may be:

  • Cited and released at the scene

  • Taken to a police station and booked, then released with a future court date

• You’ll likely receive a court date. Even if you’re cited and released (no handcuffs or jail), you’ll still be ordered to appear in criminal court, usually at the Clara Shortridge Foltz courthouse in Downtown LA or a local branch court.

• You may receive a civil demand letter. Some stores will send a separate letter (or hire a law firm) demanding a civil penalty of up to $500 — even if no charges have been filed. This is separate from the criminal case and is often confusing to people.

• The District Attorney can still file charges. Many people believe that if the store “doesn’t press charges,” the case goes away — but that’s not true. The DA can and often does file charges even if the store doesn’t follow up. Their decision is based on the report and evidence — not the store’s preference.

If this is your first time facing any kind of criminal charge, this process can feel overwhelming — but there are often ways to resolve the case without jail or a conviction. In the next section, we’ll break down what penalties you might be facing, and how they can vary based on your situation.

What Are the Penalties for Shoplifting in California?

Shoplifting in California is usually charged as a misdemeanor under Penal Code 459.5, but the penalties can still be serious — especially if this isn’t your first offense or if you have certain priors on your record.

Misdemeanor Shoplifting Penalties (PC 459.5)

If it’s a first-time offense and the value of the merchandise was $950 or less, you’ll most likely be charged with a misdemeanor. Penalties may include:

• Up to 6 months in county jail

• A fine of up to $1,000

• A criminal record that shows up on background checks

• Informal (summary) probation for up to 3 years

• Civil penalties — stores can still send a demand letter asking for up to $500 in restitution

Even if you didn’t leave the store with the item, you can still be charged — intent to steal is enough to trigger a misdemeanor charge.

Felony Shoplifting – When Does It Apply?

Most shoplifting cases are misdemeanors, but under California law, you can be charged with felony shoplifting if you have certain serious prior convictions, including:

• A prior sex offense requiring sex offender registration (PC 290)

• A prior serious or violent felony (such as robbery, residential burglary, murder, or assault with a deadly weapon)

In these cases, prosecutors have the discretion to file felony charges under PC 459.5, and penalties increase significantly:

• Up to 3 years in county jail

• Higher fines

• Felony probation, which comes with stricter terms and longer consequences

Are There Alternatives to Jail?

Yes. Depending on the facts of your case, your record, and how early you hire a defense attorney, many shoplifting charges can be resolved without jail or a conviction. For example:

• Diversion programs may be available (including judicial diversion under PC 1001.95)

• Charges may be reduced to an infraction or dismissed after completion of conditions

• Community service, classes, or restitution might be negotiated in place of prosecution

Your attorney’s goal is to avoid jail, keep this off your permanent record, and get you back to your life without long-term consequences. In the next section, we’ll explain why having a lawyer — even for a first-time offense — can make a major difference.

Do I Need a Lawyer for a First-Time Shoplifting Charge?

Yes — even for a first-time shoplifting charge, having a lawyer can make a significant difference.

Many people assume that because it’s their first offense, the court will “go easy” on them. But shoplifting is a criminal offense, and even a misdemeanor conviction can create long-term consequences that affect your job, your immigration status, or your ability to obtain professional licenses.

A criminal record for theft can raise red flags in future background checks — even years down the line.

Here’s how our criminal defense lawyer can help right away:

• Appear in court on your behalf – In many misdemeanor shoplifting cases, your attorney can appear for you, so you don’t have to miss work or face the stress of going to court alone.

• Negotiate for dismissal or diversion – Los Angeles courts often offer pretrial diversion programs for first-time theft offenses. An experienced attorney can present your case in the best light and push for a resolution that avoids a conviction.

• Protect your record – Even if the evidence seems strong, a lawyer may be able to reduce the charge to an infraction, negotiate a deferred entry of judgment, or work toward eventual expungement.

• Challenge weak or mistaken accusations – Not every shoplifting arrest is clear-cut. If it was a misunderstanding, a false accusation, or a moment of confusion, a skilled attorney can raise those issues with the prosecution or in court.

If this is your first time being charged with a crime, you don’t want a permanent record over a single mistake. A lawyer’s early involvement can be the key to keeping your record clean and your future intact.

Can Shoplifting Charges Be Dismissed?

Yes — many shoplifting charges can be dismissed, especially if it’s your first offense and the case is handled quickly and strategically.

In Los Angeles and throughout California, courts offer diversion programs for certain non-violent offenses, including shoplifting. These programs are designed to give people a second chance without saddling them with a permanent criminal record.

Common ways shoplifting charges can be resolved:

• Diversion under Penal Code 1001.1 or 1001.95 – If eligible, you may be able to complete a short program (such as theft awareness classes or community service) in exchange for having the case dismissed.

• Reduction to an infraction – In some cases, your attorney can negotiate the charge down to a non-criminal infraction — similar to a traffic ticket — with no lasting record.

• Deferred entry of judgment (DEJ) – You may be allowed to plead guilty but have the case dismissed later if you stay out of trouble and meet certain conditions.

• Post-dismissal relief – Even if a charge isn’t dropped right away, your attorney can later help seal or expunge the case so it doesn’t appear on background checks.

These outcomes aren’t automatic — they depend on the facts of the case, your prior record, and how early you get a defense lawyer involved. Prosecutors have limited time to make charging decisions, and the sooner your attorney starts negotiating, the more likely it is that you can avoid a conviction altogether.

Caught Shoplifting in Los Angeles? Talk to a Criminal Defense Attorney Today

If you or someone you care about has been caught or arrested for shoplifting in Los Angeles, the most important thing you can do is act quickly. The earlier you involve a defense attorney, the more options you may have — including keeping this off your record entirely.

Attorney Hashemi has over 20 years of experience defending shoplifting and theft-related cases throughout Los Angeles County. We understand how prosecutors charge these cases and how to push for the best possible outcome.

Schedule a Free Consultation

📞 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.

Penal Code 4573 PC – Bringing Drugs Into a Jail or Prison in California

Bringing drugs into a California jail or prison is a felony offense under Penal Code § 4573 PC. It doesn’t matter whether the drugs are for personal use, intended for someone else, or even successfully delivered — the act of knowingly bringing controlled substances into a correctional facility is enough to be charged.

Prosecutors take this charge seriously because of the security risks drugs pose inside custodial settings. Even a small amount can lead to heightened violence, trafficking, or overdoses among inmates. Whether the substance is methamphetamine, heroin, fentanyl, or even prescription pills, the law applies the same.

If you’ve been arrested or charged under PC 4573, you could be facing prison time, a felony record, and enhanced penalties based on the type and quantity of drugs involved. But a skilled defense attorney can challenge the evidence, the circumstances of the search, and your intent — and in many cases, secure reduced penalties or dismissal.

What Does Penal Code 4573 PC Prohibit?

Under Penal Code 4573, it is illegal to knowingly bring or attempt to bring any controlled substance into:

• A jail or prison,

• A county detention center,

• A juvenile facility,

• Or any other state or local custodial facility.

This includes substances such as:

• Heroin

• Methamphetamine

• Cocaine

• Fentanyl

• Xanax, Oxycodone, or other prescription meds (without a valid prescription)

Even if the drugs are never delivered, and even if the person was searched before successfully entering, the attempt alone is enough to result in criminal charges.

What Must the Prosecution Prove?

1. You knowingly brought or attempted to bring drugs into a custodial facility;

2. You were aware the substance was a controlled drug;

3. You intended to bring the drug into the facility (actual entry isn’t required — attempting to do so is enough).

If law enforcement found the drugs during a search at a jail entry point or during visitation, the prosecutor will likely argue that the attempt had already begun. But the defense may challenge how the search was conducted or whether you knew the substance was illegal.

Penalties for Bringing Drugs Into Jail or Prison

Bringing or attempting to bring drugs into a correctional facility is a felony in California.

If convicted, you may face:

• 2, 3, or 4 years in California state prison

• Formal felony probation (in limited cases)

• A permanent felony record

• Potential sentence enhancements based on drug quantity or prior offenses

Keep in mind that this charge is separate from any drug possession or trafficking charge — which means you could be facing multiple felonies from a single arrest.

Defenses to Penal Code 4573 Charges

You Didn’t Know You Had Drugs

If someone else placed the drugs in your bag or clothing without your knowledge, the prosecution must still prove intent. Lack of knowledge is a strong defense, especially in situations involving shared vehicles, borrowed property, or set-ups.

You Had a Valid Prescription

If you were carrying a prescription drug for a valid medical purpose (e.g. Xanax or Adderall), and the label matches your identity, that may be a legal defense — though entering with the drug may still violate jail policies.

Illegal Search and Seizure

If jail staff or law enforcement conducted an unconstitutional search — without probable cause, consent, or proper procedures — we may be able to file a motion to suppress the evidence. If successful, the charges may be dismissed entirely.

No Intent to Bring the Drugs In

Intent is key. If you were unaware that entering the facility was against the rules, or never intended to bring drugs inside (for example, forgetting they were in your pocket), we may be able to argue against the charge.

Related Offenses

• HS 11350(a) – Possession of a Controlled Substance

• HS 11352 – Transportation or Sale of Controlled Substances

• PC 4573.5 – Bringing Alcohol or Non-Narcotic Drugs into Jail

• PC 4573.6 – Possession of Drugs in Jail

• PC 182 – Criminal Conspiracy (if part of a smuggling plan)

Speak With a Los Angeles Criminal Attorney Today

If you’ve been accused of violating Penal Code 4573 by bringing drugs into jail or prison, don’t wait to speak with a lawyer. These are serious felony charges that can have lifelong consequences, including prison time, loss of professional licenses, and immigration effects.

At The Law Offices of Arash Hashemi, we’ve defended clients against tough drug and felony charges in Los Angeles County for over 20 years. We understand how these cases are prosecuted, what defenses are available, and how to push back early to protect your rights and freedom.

We’ll thoroughly review the evidence, challenge any unlawful search or false accusation, and work to get your charges reduced or dismissed wherever possible.

Schedule a Free Consultation

📞 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.

HS 11363 – California Law on Cultivating Peyote

Most people are familiar with California’s relaxed laws on marijuana—but not everyone realizes that cultivating other plant-based substances, like peyote, is still a crime. Under California Health & Safety Code 11363 HS, it’s illegal to grow, harvest, or prepare peyote, even for personal or spiritual use, unless you’re specifically authorized by law.

Peyote is a hallucinogenic cactus known for its psychoactive compound, mescaline. It’s been used for centuries in religious ceremonies, particularly by Native American groups. Despite its cultural significance, California treats peyote as a Schedule I controlled substance, placing it in the same legal category as heroin, LSD, and MDMA.

If you’ve been charged with cultivating peyote, it’s important to understand how the law applies—and what legal options you may have. Speaking with a Los Angeles drug crime lawyer early in the process can make a big difference in the outcome of your case.

What Is Peyote and Why Is It Regulated in California?

Peyote is a small, spineless cactus native to parts of Mexico and the southwestern United States. Its active chemical, mescaline, causes hallucinations, altered perception, and other psychedelic effects. Because of its potency, it’s considered a powerful mind-altering substance.

Although peyote has a long history of use in Native American spiritual practices, its legal status remains highly restricted. Both California and federal law classify mescaline—and by extension, peyote—as a Schedule I drug, meaning it has:

• A high potential for abuse

• No currently accepted medical use in treatment

• A lack of accepted safety under medical supervision

Unlike marijuana, peyote has not been decriminalized in California. That means it’s still a criminal offense to:

• Plant or grow peyote

• Harvest or process peyote

• Possess peyote for recreational or non-authorized use

There are limited religious exemptions at the federal level, but these do not automatically apply under California state law. Most individuals are not protected by those exceptions and can be prosecuted under § 11363 HS for cultivation.

What Does California Health & Safety Code § 11363 HS Prohibit?

California law is very specific about what actions are considered illegal when it comes to peyote. Under HS 11363, it’s unlawful to plant, grow, harvest, dry, or process peyote unless you’re legally permitted to do so—something that applies to very few people.

This means a person can face charges even without selling or using the peyote. Simply tending to the plant—watering it, keeping it alive, or preparing it for consumption—is enough for law enforcement to bring a charge under this statute.

Here’s what the law prohibits:

• Planting peyote, either indoors or outdoors

• Cultivating peyote (maintaining, watering, or tending to it)

• Harvesting the plant or its parts

• Drying or processing peyote in any form

California law does not require intent to sell in order to file charges under this section. Simply having the plant and actively maintaining or preparing it may be enough to support a criminal case.

Although some religious groups—particularly members of the Native American Church—may have protections under federal law, those exceptions are narrow and generally do not apply automatically under California state law.

Statutory Language – HS 11363:
“Every person who plants, cultivates, harvests, dries, or processes any plant of the genus Lophophora, also known as peyote, or any part thereof shall be punished by imprisonment in the county jail for a period of not more than one year or the state prison.”

Penalties for Violating HS 11363 – Cultivating Peyote in California

A charge under HS 11363 is classified as a misdemeanor, but the legal and personal consequences should not be underestimated. A conviction can lead to:

• Up to 12 months in county jail

• Fines reaching $1,000

• Informal (summary) probation

• A misdemeanor drug conviction on your criminal record

In some cases, especially for first-time offenders, courts may consider alternative sentencing such as a diversion program, drug education classes, or community service. However, these options aren’t guaranteed and often depend on criminal history, the circumstances of the arrest, and whether other drug-related charges are involved.

If peyote cultivation is linked to activities like distribution, trafficking, or drug manufacturing, the situation can escalate quickly and may lead to felony charges under different laws.

Are There Any Legal Exceptions?

Yes—but they are extremely limited, and most people are not covered.

Under federal law, members of the Native American Church may be allowed to use peyote in religious ceremonies, as part of a narrow exemption tied to the American Indian Religious Freedom Act. However, that exemption:

• Does not automatically apply under California law

• Does not give general permission to cultivate or grow peyote

• Typically requires proof of membership in a federally recognized tribe and use within a recognized religious context

Outside of this narrow religious exception, there are no legal grounds for growing peyote in California. You cannot legally cultivate it for personal use, curiosity, research, or spiritual exploration unless you are specifically authorized under the law. Anyone found growing or preparing peyote outside of those strict parameters may be prosecuted.

What If You Were Growing Peyote for Personal Use or Curiosity?

It’s common for people to assume that growing a single peyote cactus—especially for personal, spiritual, or medicinal reasons—is harmless. But under HS 11363, even small-scale cultivation can result in criminal charges.

You don’t need to be caught using or distributing peyote. Prosecutors only need to prove:

• You knowingly cultivated or processed the plant

• You understood it was peyote, a controlled substance

In these situations, your intent matters, and it can influence how the case is handled. Defenses may focus on:

• Not knowing the plant was peyote

• Believing it was legal (especially in light of relaxed marijuana laws)

• No intention to distribute or use

• Peyote being discovered during an unlawful search

While this isn’t a felony, it’s still a drug offense with lasting consequences. These cases are often more defensible than people realize, especially when handled early and strategically.

How Is Cultivating Peyote Different from Marijuana Laws in California?

It’s a common mistake to assume that peyote is treated like marijuana in California—but the laws are very different.

Thanks to Proposition 64, adults 21 and over in California can legally:

• Possess up to 28.5 grams of cannabis

• Grow up to six marijuana plants for personal use

• Use marijuana recreationally on private property

But those rules do not apply to peyote.

Key Differences:

• Marijuana is regulated and taxed by the state; peyote is completely prohibited unless you’re covered by a narrow religious exemption.

• Cannabis has been legalized for both medical and recreational use; peyote remains a Schedule I controlled substance under both state and federal law.

• Growing marijuana for personal use is legal under certain guidelines; growing peyote, for any reason, is a misdemeanor criminal offense under HS 11363.

So even though both are naturally occurring plants, the legal treatment is completely different—and misunderstanding that can lead to serious legal trouble.

Can You Fight a § 11363 HS Charge?

Yes—and in many cases, the charges under HS 11363 can be reduced or dismissed entirely with the right defense strategy.

Like any drug case, the outcome depends on how the evidence was gathered, what your intent was, and whether your constitutional rights were respected during the investigation. Defenses that may apply include:

Common legal defenses include:

• Lack of knowledge
  You didn’t know the plant was peyote or didn’t realize it was illegal to grow.

• Unlawful search or seizure
  If police found the plant during an illegal search—without a warrant or valid consent—the evidence may be thrown out.

• Religious freedom (limited use)
  If you’re a member of a federally recognized Native American tribe and the peyote was part of a legitimate religious ceremony, your attorney may explore a defense under federal protections. (Note: this is rare and applies only in narrow circumstances.)

• Diversion eligibility
  In non-violent drug cases, you may qualify for a diversion program, which can result in dismissal of the charge after completing certain conditions, such as drug education or community service.

Even though this is a misdemeanor offense, it still carries real consequences—including jail time, fines, and a permanent record. A skilled defense lawyer can often negotiate a better outcome or fight the charges altogether.

Arrested for Cultivating Peyote in Los Angeles? Speak with a Los Angeles Drug Crime Lawyer Today

While cultivating peyote may seem minor compared to other drug offenses, a conviction under Health & Safety Code 11363 can still result in jail time, fines, and a permanent criminal record. These cases often arise from misunderstandings, lack of awareness, or targeted searches—and they deserve a strong legal response.

Attorney Hashemi has over 20 years of experience defending individuals facing a wide range of drug-related charges throughout Los Angeles. He understands how California’s drug laws work—including less commonly charged offenses like peyote cultivation—and knows how to challenge the prosecution’s case using smart, strategic defense tactics.

If you’ve been arrested, cited, or are under investigation for growing peyote, it’s important to act quickly. Early legal representation can make the difference between a conviction and a clean record.

Schedule a Free Consultation

📞 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 Gun Transport Laws: How to Legally Carry a Pistol in Your Vehicle

Knowing how to legally carry a pistol in your car in California is essential to avoid criminal charges. The state enforces strict rules for firearm transport, and even minor mistakes—like storing your pistol in the glovebox—can lead to misdemeanor or felony charges.

Whether you’re a first-time gun owner, recently purchased a firearm for protection, or have been cited or arrested during a traffic stop, it’s critical to understand how California law regulates pistols in vehicles. These laws are enforced strictly—especially in Los Angeles and Southern California—and even registered gun owners can be prosecuted if a weapon is transported improperly.

This guide breaks down how to carry a handgun legally in your car under California law, how common mistakes lead to arrests, and what to do if you’ve already been charged.

Can You Keep a Gun in Your Car in California?

Yes—but only under very strict conditions. California law allows you to transport a handgun in your vehicle if it’s unloaded and locked in a secure container that’s not the glovebox or center console.

Here’s what you need to know right away:

• California is not a “gun-friendly” state when it comes to firearm transport laws. There’s little room for error.

• Even lawful gun owners can be charged with a crime if the weapon is loaded, improperly stored, or not registered.

• Having a gun in your vehicle without following the rules can result in Penal Code 25400 charges (carrying a concealed firearm), or PC 25850 (carrying a loaded firearm in public).

If the firearm is found during a traffic stop, search, or vehicle impound, you may be arrested on the spot—even if you thought you were following the law.

How to Legally Carry a Pistol in Your Car: California Requirements

If you do not have a valid California concealed carry permit (CCW), there are very strict rules you must follow when transporting a pistol in your vehicle.

• The firearm must be completely unloaded

• It must be stored in a locked container

• That container cannot be the glovebox or center console

• The gun must not be readily accessible to you or your passengers while driving

Failure to follow any of these rules can result in a misdemeanor or felony charge under California Penal Code 25400 or  25850, especially if the firearm is found loaded or easily accessible.

What Counts as a “Locked Container”?

The law defines a “locked container” as a fully enclosed container that is secured by a key, combination lock, or other locking device. It does not include glove compartments or center consoles, even if they can be locked.

Acceptable locked containers include:

• A hard-sided gun case with a latch or lock

• A lockbox with a mechanical or digital lock

• The trunk of your car, if it’s not accessible from the interior (such as in a sedan)

If you’re driving a hatchback, SUV, or truck without a separate trunk, you should use a lockable case that’s secured and stored in the far rear of the vehicle.

Important: Simply placing a pistol under your seat or in a backpack is not legal transport under California law—even if the gun is unloaded and registered.

What About Ammunition?

Another mistake people make when learning how to legally carry a pistol in your car in California is storing loaded magazines near the firearm.

Here’s what you need to know:

• Ammunition should be stored separately from the firearm.
  Ideally, keep it in a separate locked container or at least away from the locked container holding the pistol. While the law doesn’t specifically require it to be locked, separating it adds legal protection and reduces the risk of a “loaded firearm” allegation.

• Do not store loaded magazines or speed loaders in the same case as the gun.
  Even if the firearm itself isn’t loaded, some law enforcement officers — and even some courts — may interpret a gun stored next to a loaded magazine as a violation, especially under Penal Code 25850 (carrying a loaded firearm in a vehicle).

• Never transport a loaded firearm unless you have a valid California CCW.
  A concealed carry permit (CCW) is the only legal exception that allows you to keep a loaded and accessible pistol in your vehicle. Without one, even an honest mistake can lead to criminal charges.

What If You Have a Concealed Carry Permit (CCW)?

If you have a valid California-issued concealed carry permit (CCW), the rules for transporting a pistol in your vehicle are different — but not unlimited.

Here’s how it works:

• You may legally carry a loaded, concealed firearm in your vehicle — but only if your CCW is current, valid, and issued by a sheriff or police chief in California.

• Your permit must be valid in the county where you’re carrying.
  Most CCW permits are issued by local jurisdictions (usually your county sheriff), and they may not be valid across all counties. For example, a CCW issued in Kern County might not be honored in Los Angeles County.

• You must still follow all permit conditions.
  Even with a CCW, there are places where carrying is restricted or outright prohibited:

  • School zones (without written permission)

  • Federal buildings

  • Government offices and courthouses

  • Airports and secured areas

• Out-of-state CCW permits are not recognized in California.
  This is one of the most common mistakes travelers make. Even if you have a valid CCW from another state (including neighboring states like Arizona or Nevada), California law does not honor it. Carrying a loaded or concealed firearm in your vehicle under an out-of-state permit can still result in criminal charges under Penal Code 25400.

Having a California CCW does give you more flexibility, but it does not exempt you from the state’s strict firearm transport and possession laws. If you’ve been cited or arrested despite having a permit, it’s important to speak with a qualified Los Angeles gun crimes lawyer to review the specifics of your case.

Does It Matter If the Gun Is Registered?

Many California gun owners assume that if their firearm is properly registered, they can carry it in their vehicle without issue. Unfortunately, that’s not how it works.

Here’s what you need to know:

• Registration does not equal permission to carry.
  Even if the pistol is registered to you, it must still be transported in full compliance with California’s gun transport laws — unloaded, locked in a secure container, and not readily accessible from inside the vehicle (unless you have a valid California CCW).

• Registration protects you from illegal possession charges — but not illegal transport.
  Owning an unregistered handgun can lead to separate criminal charges, especially under Penal Code 25850(carrying a loaded firearm in public) or Penal Code 25400 (carrying a concealed weapon without a permit). But even if the gun is lawfully registered, you can still be arrested for transporting it incorrectly.

• Unregistered firearms raise additional legal risks.
  Guns that are inherited, gifted, or purchased out of state may not be automatically registered in California. If law enforcement can’t verify registration through the California DOJ’s Automated Firearms System (AFS), you could face questions about how you acquired the gun — or worse, felony weapons charges.

If you’ve been charged with unlawful possession or transport of a firearm — even one you believed was registered — it’s important to contact a criminal defense attorney right away. These are technical, paperwork-driven cases, but they carry real criminal consequences.

Can You Transport a Gun in Someone Else’s Vehicle?

Yes, you can legally transport a handgun in someone else’s car — but all of California’s firearm transport laws still apply, regardless of who owns the vehicle.

Here’s what to keep in mind:

• The pistol must be unloaded and stored in a locked container.
  Just like in your own vehicle, the firearm must be transported unloaded, in a locked container (not the glovebox or center console), and out of reach. If you skip any of these steps, both you and the driver may be at risk of arrest.

• The driver can be held responsible — even if it’s not their gun.
  Law enforcement may charge the driver with a weapons offense if a gun is discovered in the vehicle and is not properly stored. In some cases, both the driver and passenger may be questioned or cited, especially if the firearm is easily accessible.

• Passengers aren’t immune from charges.
  If you’re carrying a firearm, and it’s not stored correctly, you could be charged under Penal Code 25400, which prohibits carrying a concealed firearm in a vehicle. This is true even if the car belongs to someone else.

• Loaded or “readily accessible” guns trigger more serious charges.
  If you’re pulled over and law enforcement finds a loaded pistol in the glovebox, under a seat, or anywhere that’s within reach, you may face misdemeanor or felony charges — especially if you don’t have a valid California CCW.

Bottom line: Just because the vehicle isn’t yours doesn’t mean you’re protected. If you’re transporting a firearm, you’re responsible for following the law — no matter who’s driving.

Common Mistakes That Lead to Gun Charges in California

Even responsible gun owners can find themselves facing serious charges for unknowingly violating California’s strict firearm transport laws. These are some of the most common mistakes that lead to arrests, vehicle searches, and weapons charges:

• Keeping a loaded gun in the glovebox or center console
  Many drivers assume this is safe and legal—but in California, it’s not. Even if the gun is registered to you, storing it in an unsecured or easily accessible area can result in PC 25400 charges for carrying a concealed firearm in a vehicle.

• Leaving a firearm under the seat or in a backpack
  A pistol stashed under a seat or in a bag may still be considered “concealed” and “accessible,” especially if it’s not in a locked container. This can result in misdemeanor or felony charges, depending on your criminal history.

• Forgetting to unload the firearm before transport
  A loaded gun in a vehicle—whether in the trunk or a case—can trigger PC 25850, which criminalizes carrying a loaded firearm in public or in a car without proper authorization. Even a loaded magazine inside the same case may be enough to violate the law.

• Relying on an out-of-state concealed carry permit (CCW)
  California does not recognize CCW permits issued by other states. If you’re visiting from out of state or recently moved here, carrying under your home-state license can still get you arrested.

• Driving with a firearm after a felony or domestic violence conviction
  Individuals with certain prior convictions are prohibited from owning or possessing firearms altogether. If you’re caught transporting a gun under these circumstances—even legally stored—you may face felony charges under Penal Code 29800 or 29900.

Cited or Arrested for a Firearm in Your Vehicle? Talk to a Los Angeles Defense Attorney

A firearm charge in your car—even if it was a misunderstanding—can lead to serious legal trouble in Los Angeles. Improper storage, a loaded gun, or carrying without a valid CCW may result in misdemeanor or felony charges under California law.

At The Law Offices of Arash Hashemi, we’ve been defending gun-related cases in Los Angeles for over 20 years. We understand how these charges are prosecuted—and how to push back against unlawful stops, weak evidence, or overcharging.

Contact us today for a free consultation. Attorney Hashemi will personally review your case, explain your legal options, and help you build a defense to protect your rights and your record.

Schedule a Free Consultation

📞 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.

EDD Fraud in California – Charges, Penalties & Defense Strategies

Unemployment insurance fraud—commonly referred to as EDD fraud—can lead to serious criminal charges in California. Whether you’re accused of falsifying information, collecting benefits you weren’t entitled to, or using someone else’s identity to apply, prosecutors treat these cases aggressively—especially in the wake of widespread COVID-era fraud.

EDD fraud cases often start with a letter from the California Employment Development Department, an audit, or a visit from a state investigator. In more serious cases, people are arrested or served with federal indictments, particularly when large sums of money are involved or there’s evidence of organized fraud.

If you’ve been contacted by investigators, received a court summons, or are already facing charges, it’s critical to understand what’s at stake—and what legal options you have. Jail time, restitution, and a felony record are all possible outcomes, but not every case leads to a conviction. With the help of an experienced Los Angeles criminal defense attorney, it may be possible to challenge the allegations, negotiate reduced charges, or avoid prosecution altogether

What Is EDD Fraud?

EDD fraud is the act of obtaining—or attempting to obtain—unemployment benefits by using false, incomplete, or misleading information. The California Employment Development Department (EDD) oversees the distribution of unemployment insurance (UI), pandemic unemployment assistance (PUA), disability insurance (DI), and other benefits. Fraud charges can arise if the agency believes someone intentionally provided false information to qualify for or increase those benefits.

Common Examples of EDD Fraud Include:

• Using someone else’s Social Security number or identity to apply for benefits

• Filing for unemployment while still working or receiving income “under the table”

• Submitting inflated income amounts or fake 1099 forms

• Collecting benefits from multiple states

• Failing to report a return to work or change in employment status

• Receiving payments for weeks in which no work search was conducted (as required)

During the COVID-19 pandemic, California saw an unprecedented surge in unemployment claims—along with a sharp increase in fraud. Billions of dollars in benefits were improperly distributed, triggering investigations by the California EDD, the California Department of Justice, the U.S. Department of Labor, and federal prosecutors.

Today, both state and federal authorities are continuing to investigate and prosecute these cases. Even individuals who were not part of large fraud rings—but simply made mistakes, misreported information, or misunderstood eligibility rules—have found themselves facing felony charges.

What Charges Can You Face for EDD Fraud?

EDD fraud isn’t a single charge—it’s a category of conduct that can trigger a range of criminal charges under both California and federal law. The exact charges you face will depend on the facts of your case, including:

• How much money was allegedly fraudulently obtained

• Whether false documents or identities were used

• If there was any coordination with others

• Whether the conduct crossed state lines or involved federal agencies

In California, prosecutors typically file charges under one or more of the following laws:

California State Charges for EDD Fraud

• Penal Code 550 – Insurance Fraud / Fraudulent Claims
  This statute makes it a crime to knowingly present false or misleading information in support of an insurance or benefit claim, including unemployment insurance.
  ▸ Penalties: Up to 5 years in state prison and fines up to $50,000 (or double the amount of fraud).

• Unemployment Insurance Code 2101
  This is a California-specific law that targets false statements, misrepresentations, or concealment of facts in connection with EDD benefits.
  ▸ Penalties: Up to 6 months in jail (misdemeanor) or 3 years in prison (felony), plus repayment and fines.

• Penal Code 484 / 487 – Theft and Grand Theft
  Charges may be filed if the fraud involved more than $950 in benefits, elevating the case to grand theft.
  ▸ Penalties: Up to 3 years in county jail for felony grand theft, and potential restitution.

• Penal Code 530.5 – Identity Theft
  Using another person’s name, Social Security number, or employment records to file for benefits can result in identity theft charges—regardless of whether the person actually received the money.
  ▸ Penalties: Up to 3 years in jail or prison, plus additional charges if financial harm was done.

Federal Charges for EDD Fraud

EDD fraud is often investigated by federal agencies like the FBI, U.S. Department of Labor, and the U.S. Attorney’s Office—especially when large sums, interstate activity, or pandemic-related funds are involved. Common federal charges include:

• 18 U.S. Code 1343 – Wire Fraud
  This is one of the most frequently used statutes in federal fraud cases. It applies when someone uses electronic communication (internet, email, bank transfers) to carry out a scheme to defraud.
  ▸ Penalties: Up to 20 years in federal prison, plus steep fines and restitution.

• 18 U.S. Code 1028A – Aggravated Identity Theft
  Filing fraudulent claims using another person’s identity—especially across state or federal systems—can trigger this charge.
  ▸ Penalties: Mandatory 2-year federal prison term, consecutive to other sentences.

• 18 U.S. Code 371 – Conspiracy to Commit Offense or Defraud the U.S.
  If two or more people worked together to submit fraudulent claims, even if they didn’t all receive money, federal prosecutors may charge conspiracy.
  ▸ Penalties: Up to 5 years in prison and significant fines.

State vs. Federal EDD Fraud Charges in Los Angeles

Many EDD fraud cases in Southern California are prosecuted by the Los Angeles County District Attorney, especially when they involve under $50,000, no complex identity theft, and are limited to California. However, cases with:

• Multiple defendants

• Large fraud rings

• Pandemic-era federal relief funds (PUA)

• Wire transfers or fraud across state lines

…are often picked up by federal authorities and charged in U.S. District Court. Federal charges carry significantly higher penalties and fewer diversion opportunities, which makes early legal intervention critical.

Will I Go to Jail for EDD Fraud?

If you’ve been accused of EDD fraud in California, you may be wondering if jail time is likely. The short answer is: yes, jail or prison is a real possibility—especially if the case involves a large dollar amount, identity theft, or federal charges.

That said, not every case results in incarceration. The outcome will depend on several factors, including the amount of money involved, whether this is your first offense, whether the fraud was intentional or a misunderstanding, and whether your case is being prosecuted at the state or federal level.

Here’s how the penalties break down:

Misdemeanor EDD Fraud (Typically Under $950)

If the fraud involves a smaller amount or the prosecutor agrees to file the case as a misdemeanor, potential penalties include:

• Up to 6 months or 1 year in county jail

• Fines up to $1,000

• Summary (informal) probation

• Restitution to the EDD for any overpaid benefits

In some cases, especially for first-time offenders, your attorney may be able to negotiate diversion, reduction to an infraction, or even a civil settlement to avoid criminal penalties.

Felony EDD Fraud (Over $950 or Involving Identity Theft)

If the amount exceeds $950, or if there’s evidence of identity theft or forgery, the case may be charged as a felony under Penal Code § 550, UI Code § 2101, or Penal Code § 530.5. Courts take these cases seriously—particularly when multiple claims were submitted, or false documents (like fake 1099s or identities) were used. Felony penalties include:

• 16 months, 2 years, or 3 years in county jail (under realignment)

• Fines of $10,000 or more, depending on the amount taken

• Formal probation with strict compliance conditions

• Restitution to the government (often tens of thousands of dollars)

• Loss of immigration status, work licenses, or public benefits

Federal EDD Fraud Charges

If your case is charged federally—which is common when the alleged fraud exceeds $100,000, spans multiple states, or involves federal COVID-related programs—you may face substantially harsher penalties:

• Up to 20 years in federal prison for wire fraud (18 USC § 1343)

• Mandatory 2-year minimum sentences for aggravated identity theft (18 USC § 1028A), served in addition to any sentence for the underlying offense

• Seizure of bank accounts, vehicles, or property used or purchased with alleged fraud proceeds

• Federal probation, which can include electronic monitoring, work restrictions, and more

• Significant impact on immigration, security clearances, or professional licensing

Even if you haven’t been formally charged yet, speaking to a defense lawyer early can sometimes lead to pre-filing negotiations, reduced charges, or even avoidance of criminal prosecution altogether.

What Are the Consequences Besides Jail?

Even if you avoid jail time, a conviction for EDD fraud in California can follow you for years. Many people facing these charges are first-time offenders—often professionals, students, or self-employed individuals who didn’t realize their actions could lead to criminal prosecution. But once charged, the impact can be far more than just legal penalties.

Here are some of the most common collateral consequences:

Restitution to the Government

If convicted, you’ll almost always be ordered to repay the full amount of unemployment benefits the state believes you received unlawfully. Restitution orders can range from a few thousand dollars to $50,000 or more, depending on how much was claimed and over how long a period.

Restitution is required even if you serve jail time, and unpaid balances can result in:

• Wage garnishment

• Liens on bank accounts or property

• Long-term financial monitoring

• Civil collection lawsuits by the state or federal government

Loss of Professional or Occupational Licenses

A fraud conviction—especially one involving public funds—can jeopardize state-issued professional licenses. This includes:

• Nurses, doctors, EMTs

• Teachers and school employees

• Real estate agents and brokers

• Contractors

• CPAs, attorneys, and other licensed professionals

Even an arrest, without a conviction, can trigger an investigation by a licensing board. If convicted, you may face suspension, revocation, or denial of license renewal.

Immigration Consequences

Fraud is considered a crime of moral turpitude under federal immigration law. If you are not a U.S. citizen, a conviction—especially for a felony—can result in:

• Deportation

• Inadmissibility (bar to reentry if you leave the country)

• Denial of green card, citizenship, or visa extensions

These consequences apply even if you’ve lived in the U.S. for years, have no other criminal record, or have family here.

Damage to Employment and Background Checks

A criminal record—especially one involving fraud—can make it harder to find or keep a job. Employers who run background checks may view a fraud conviction as a red flag, even if no jail time was served.

This can impact:

• Government jobs

• Jobs involving money, data, or clients

• Careers requiring background checks or security clearance

• Corporate roles or client-facing positions

A Felony Record That Follows You

Many EDD fraud cases are filed as felonies, especially when identity theft or large dollar amounts are involved. A felony conviction in California can carry long-term consequences, including:

• Loss of firearm rights

• Barriers to housing or public benefits

• Ineligibility for federal student aid

• Stigma in your personal and professional relationships

That’s why it’s essential to take these charges seriously—even if it feels like “just paperwork” or a mistake you didn’t mean to make.

How Are EDD Fraud Cases Investigated?

Many people are caught off guard when they’re contacted about EDD fraud. You might assume it’s just a clerical issue—but in reality, these investigations often begin weeks or months before you’re ever notified.

Here are some of the most common ways EDD fraud cases are flagged:

• EDD audits – The agency routinely cross-checks benefit claims with employer wage reports. If you were receiving benefits while reporting income elsewhere, it can trigger a review.

• Employer or coworker tips – A past or current employer may report suspected fraud, especially if they learn someone collected benefits while working.

• Identity theft alerts – Some cases begin when an individual reports that someone else used their name or SSN to claim unemployment benefits.

• Suspicious 1099 forms – Claims submitted using false income amounts or fake employer data can raise red flags—especially when multiple applications list the same employer.

• Unusual digital patterns – The EDD tracks logins, IP addresses, and claim histories. Repeated claims from the same computer or phone can be flagged for fraud.

• Federal and state data sharing – California works closely with agencies like the IRS, FBI, U.S. Postal Service, and Department of Labor. Many cases involve joint investigations, especially for pandemic-era claims.

Once a case is flagged, investigators may quietly gather bank records, employment info, or surveillance data—long before contacting the person under suspicion.

How Can a Criminal Defense Attorney Help with EDD Fraud Charges?

If you’ve been contacted by the EDD, received a letter from the District Attorney, or are already facing fraud charges, it’s critical that you do not speak to investigators before consulting with a lawyer. Even casual conversations or attempts to “explain” can end up being used as evidence against you.

Here’s how our firm helps protect clients from the start:

• Intervening early with investigators – In some cases, we can stop charges from being filed at all by clarifying the facts before the case moves forward.

• Challenging intent – EDD fraud charges require proof that the defendant acted knowingly and with intent to defraud. We push back hard when the evidence doesn’t meet that standard.

• Negotiating restitution or civil resolution – In situations where funds were overpaid, we may be able to resolve the case through repayment rather than criminal prosecution.

• Reducing or reclassifying charges – Our attorney works to get felonies reduced to misdemeanors—or seeks non-criminal outcomes like diversion when possible.

• Protecting professional and immigration consequences – Fraud convictions carry lasting damage. We tailor your defense with an eye toward preserving your record, your job, and your future.

 Accused of EDD Fraud in Los Angeles? Speak with a Criminal Defense Attorney

Facing allegations of unemployment insurance fraud can feel overwhelming—especially when investigators are asking questions, or formal charges have already been filed. Whether your case involves a small overpayment or is part of a larger federal investigation, having the right defense strategy in place from the beginning can make all the difference.

At The Law Offices of Arash Hashemi, we understand what’s at stake. Attorney Hashemi has spent over 20 years representing clients in Los Angeles County facing fraud, identity theft, and white collar criminal charges. Our approach is strategic, proactive, and focused on protecting your record, freedom, and future.

If you’ve received a letter, audit notice, or been contacted by EDD investigators:

• We’ll sit down with you and carefully review your situation

• We’ll explain what the state or federal government needs to prove

• We’ll walk you through your legal options and possible outcomes

• And we’ll build a defense aimed at resolving the case as favorably as possible—whether through dismissal, reduction, or alternative sentencing

Don’t wait until you’re in court to take action. The sooner you speak with a knowledgeable defense attorney, the more control you’ll have over the process.
Contact our office today for a free, confidential consultation and take the first step toward protecting your future.

Schedule a Free Consultation

📞 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.

What You Need to Know About California Hazing Laws (Penal Code 245.6)

Hazing is commonly associated with initiation rituals in college fraternities, sororities, athletic teams, and student-run organizations. But in California, when those rituals endanger someone’s health or safety, they may cross the line into criminal conduct. What might be seen as tradition or team bonding can quickly escalate into a serious legal issue.

Under California Penal Code 245.6, hazing is defined as any initiation or pre-initiation activity that is likely to cause serious bodily injury to a student. The law applies to officially recognized and unrecognized student organizations alike, and it does not require the act to occur during a school-sanctioned event. Hazing that causes injury or death may be prosecuted as a misdemeanor or felony, depending on the circumstances, and can result in both criminal penalties and civil liability.

When Does Hazing Become a Crime in California?

Under California law, hazing becomes a criminal offense when an initiation or pre-initiation activity connected to a student organization is likely to cause serious bodily injury to a participant. While not all hazing is illegal—some pranks or minor acts may be merely disciplinary issues—any conduct that risks physical or mental harm can result in criminal prosecution.

What Legally Counts as Hazing?

According to Penal Code 245.6, hazing is defined as:

• An act that occurs as part of an initiation or pre-initiation into a student or school-affiliated group;

• The act is likely to cause serious bodily injury to a current or prospective member; and

• The act is not part of a school-sponsored or officially sanctioned event.

Importantly, the victim’s consent does not provide a legal defense. Even if someone agrees to participate in a hazing activity, anyone involved in organizing or carrying it out can still face criminal charges under California’s hazing law.

Examples of Hazing That Could Lead to Criminal Charges

Hazing is not limited to one type of behavior—it can involve a wide range of physical, emotional, or psychological harm. Under California law, any act that endangers a student’s well-being during an initiation process could lead to misdemeanor or felony prosecution.

Common examples of criminal hazing include:

• Physical abuse – such as beatings, paddling, branding, or forced physical exertion intended to cause pain or injury.

• Forced consumption – requiring someone to ingest alcohol, drugs, or excessive amounts of food or liquid.

• Sleep deprivation or exposure to harsh elements – forcing a person to stay awake for extended periods or remain outside in unsafe weather conditions.

• Psychological torment – including verbal degradation, public humiliation, isolation, or intimidation tactics.

• Dangerous or reckless tasks – like making someone swim in unsafe waters, carry heavy loads for long distances, or participate in high-risk stunts or dares.

Even if these acts are framed as “tradition” or part of team bonding, they can quickly cross the line into criminal hazing—especially if someone is injured or coerced through fear or peer pressure.

Who Can Be Charged With Hazing in California?

Under Penal Code 245.6, hazing laws apply broadly to anyone involved in organizing or participating in initiation-related activities—particularly when those acts result in injury or create a substantial risk of harm.

Individuals and organizations that may face charges include:

• Members of fraternities and sororities

• Collegiate or high school athletic team members

• Social clubs or student-run organizations

• Honor societies and academic groups

• Military cadet programs

• Leaders or participants in officially recognized school-affiliated groups

Importantly, the law does not limit prosecution to school-sponsored organizations. Even informal or off-campus groups—such as unaffiliated clubs, social circles, or “underground” pledging activities—can fall under this statute if their hazing behavior results in injury or places someone in serious danger.

Additionally, multiple people can be charged in connection with a single incident. Anyone who plans, promotes, encourages, or participates in a criminal hazing act can potentially be held legally responsible—even if they didn’t directly carry out the harm.

Penalties for Hazing in California: Jail Time, Fines & Felony Charges

Misdemeanor Hazing Charges

If the hazing incident did not result in serious bodily injury, the offense is typically charged as a misdemeanor. Potential penalties include:

• Up to one year in county jail

• Fines up to $5,000

• Court-ordered community service

• Summary (informal) probation

Felony Hazing Charges

If the hazing results in serious bodily injury or death, it can be prosecuted as a felony, carrying much steeper consequences:

• 16 months, two years, or three years in California state prison

• Fines up to $10,000

• Formal probation

• A permanent felony record

Criminal and Civil Consequences of Hazing in California

Criminal Penalties

As detailed above, hazing that results in serious bodily injury or death can be charged as a felony under Penal Code 245.6, while less severe cases may be charged as misdemeanors. Convictions can result in jail or prison time, fines, probation, and a permanent record.

Civil Liability

Even without a criminal conviction, individuals involved in hazing may face civil lawsuits from victims or their families. These lawsuits seek monetary damages for:

• Medical expenses

• Pain and suffering

• Emotional distress

• Lost income or future earnings

• Wrongful death (in fatal cases)

Civil cases require a lower burden of proof than criminal trials, meaning a defendant may still be held liable even if acquitted in court.

Who Can Be Sued?

Parties who may be held civilly liable include:

• Individuals who organized or participated in the hazing

• Student leaders who encouraged or failed to prevent it

• Fraternities, sororities, or other school-affiliated organizations

• In some cases, educational institutions themselves

Note: While schools can be named in civil lawsuits, public institutions may have immunity or limited liability, depending on the facts of the case and applicable government tort laws.

How to Fight Hazing Charges in California

One possible defense involves lack of intent to cause harm. California law requires that the conduct be likely to result in serious bodily injury. If the activity was not inherently dangerous, or if the accused had no reason to believe it could cause harm, this may negate criminal liability.

False accusations or mistaken identity can also form the basis of a defense. Hazing allegations sometimes arise from misunderstandings within student organizations, disciplinary disputes, or personal conflicts. A defense attorney may question the credibility of witness statements, especially when the alleged conduct occurred in group settings or without clear documentation.

Another common defense centers on whether the incident resulted in physical or mental harm. Penal Code 245.6 specifically targets acts that cause or are likely to cause serious injury. If the event was limited to minor embarrassment or discomfort, and no real risk to safety was present, the prosecution may not meet the threshold for conviction.

Additionally, merely being present during a hazing event is not enough for criminal liability. A person who did not organize, encourage, or actively participate in the conduct may not be guilty under the statute.

Lastly, if the evidence supporting the charge is weak or inconsistent—such as vague witness accounts or lack of medical records—this may support a motion to reduce or dismiss the charges.

California Hazing Law FAQs – What You Need to Know

Can I Be Arrested If the Victim Consented?

Yes. Under Penal Code 245.6, consent is not a legal defense to hazing. Even if a student willingly participated, the law prohibits any initiation act that is likely to cause serious bodily injury.

What If I Was Only a Bystander?

Simply being present at a hazing event is not enough to be charged with a crime. However, active participation, encouragement, or failure to intervene in some cases may expose individuals to liability, especially under school policies.

Can a School Be Held Responsible?

Schools may face civil liability if hazing occurs during a school-sanctioned event or if there was negligence in supervision. Criminal charges, however, are typically directed at individual participants, not institutions.

What Is the Statute of Limitations for Hazing in California?

For misdemeanor hazing, prosecutors generally have one year from the date of the offense to file charges. For felony hazing involving serious injury or death, the statute of limitations is typically three years, though it may vary based on the circumstances.

Can a Student Be Disciplined Without Criminal Charges?

Yes. Schools and universities often impose disciplinary action—such as suspension, expulsion, or revocation of scholarships—regardless of whether criminal charges are filed. These actions are handled under the institution’s code of conduct.

Facing Hazing Charges in California? Speak with a Los Angeles Criminal Defense Attorney Today

If you or your child has been accused of hazing in connection with a school, fraternity, or athletic program, the consequences can be serious. A conviction could mean jail time, steep fines, a permanent criminal record, or even expulsion from school.

Attorney Hashemi has over 20 years of experience defending clients in complex criminal cases throughout Los Angeles. He understands how prosecutors build hazing cases—and how to challenge weak evidence, overblown accusations, and unfair disciplinary actions.

Don’t face these charges alone. We’ll help you understand your rights, evaluate your options, and fight for the best possible outcome.

Schedule a Free Consultation

📞 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.

Understanding Why Most California DUI Arrests Include Two Charges

If you were recently arrested for DUI in California, you may have noticed that your paperwork includes two separate charges—even though there was only one arrest. This is completely normal and happens in the majority of DUI cases. Specifically, most DUI arrests involve charges under Vehicle Code 23152(a) and Vehicle Code 23152(b). These two sections address different legal theories: one focuses on whether you were impaired, and the other on whether your blood alcohol content (BAC) was 0.08% or higher.

So why does the state file both charges for the same incident?

In this guide, we’ll break down:

• What each DUI charge means

• The key differences between them

• Why prosecutors file both

• How this impacts your defense and potential penalties

If you’re facing DUI charges in Los Angeles, speaking with an experienced Los Angeles DUI attorney early in your case can make a big difference in the outcome.

What Is Vehicle Code 23152(a) DUI in California?

California Vehicle Code 23152(a) makes it a crime to drive “under the influence” of alcohol or drugs — even if your blood alcohol concentration (BAC) is below 0.08% or if no BAC test was taken at all.

This is often referred to as an impairment-based DUI. Prosecutors must prove that alcohol or drugs impaired your ability to drive like a cautious, sober person. This is typically based on the officer’s observations, such as:

• How you were driving
• Your behavior and appearance
• Field sobriety test results
• Slurred speech, red eyes, or unsteady movement

VC 23152(a) is commonly used when:

• You refused chemical testing
• Your BAC came back below 0.08%
• You are suspected of driving under the influence of drugs or a combination of substances

Can I Be Charged With DUI Without a BAC Test?

Yes. In California, you can still be charged with DUI even if you refused a breath or blood test—or if no chemical test was administered.

This is exactly what Vehicle Code 23152(a) covers. It makes it illegal to drive under the influence of alcohol or drugs, regardless of your blood alcohol concentration (BAC). If the arresting officer believes your mental or physical abilities were impaired to the extent that you couldn’t operate a vehicle safely, you can be prosecuted under 23152(a) without any BAC results.

Situations where this might happen:

• You refused to take a breath or blood test.

• The testing equipment was unavailable or malfunctioned.

• You were suspected of being under the influence of drugs or prescription medications, which aren’t reflected in a standard breathalyzer test.

In these cases, the prosecution relies heavily on:

• Driving behavior (weaving, speeding, running red lights)

• Field sobriety tests (FSTs)

• Officer observations (odor of alcohol, slurred speech, bloodshot eyes)

Even without a BAC reading, a DUI conviction is still possible if the evidence shows you were impaired while driving.

What Is VC 23152(b)? – DUI Based on a BAC of 0.08% or Higher

VC 23152(b) focuses strictly on your blood alcohol content. It makes it illegal to operate a vehicle with a BAC of 0.08% or more, regardless of whether you showed signs of impairment.

This is known as a “per se” DUI — meaning that if your BAC is at or above the legal limit, the law presumes you were too impaired to drive safely. Prosecutors do not need to prove erratic driving or other signs of impairment — the chemical test result alone is enough.

Evidence typically includes:

• Breathalyzer results
• Blood test analysis
• Toxicology reports

This charge is straightforward for prosecutors when chemical tests are performed and show a BAC over 0.08%.

Key Differences Between VC § 23152(a) and VC § 23152(b)

Why Am I Charged With Both VC 23152(a) and 23152(b) DUIs?

It’s very common for California prosecutors to file both Vehicle Code 23152(a) and 23152(b) after a single DUI arrest. While it may feel like you’re being accused of two separate crimes, you’re not—both charges are two different legal theories for the same incident.

Here’s why both appear:

• VC 23152(a) focuses on impairment — it applies when your driving appears unsafe or you’re suspected of being under the influence of drugs or alcohol, even without a BAC result.

• VC 23152(b) focuses strictly on your BAC being 0.08% or higher, regardless of whether you seemed impaired.

Prosecutors file both to cover all legal angles. If one charge is weakened by lack of evidence—such as a flawed test or a contested traffic stop—the other might still hold up in court.

This approach gives the district attorney added leverage during plea negotiations and helps them secure a conviction even if one part of the case doesn’t stand up to scrutiny.

Bottom line: You’re facing one DUI offense, just charged under two legal theories to increase the prosecution’s chances.

Why the Law Allows Dual Charges – Penal Code § 954

Under California Penal Code 954, prosecutors are allowed to file multiple charges based on the same act, as long as each charge represents a different legal theory.

In simple terms:
If one set of facts fits more than one legal definition, the prosecution can charge both.

In DUI cases:

• VC 23152(a) alleges you were too impaired to drive safely.

• VC 23152(b) alleges your BAC was 0.08% or higher, regardless of driving behavior.

Although both charges stem from a single incident, they are legally distinct, and Penal Code § 954 permits them to appear together in the same complaint.

The statute states:

“An accusatory pleading may charge two or more different offenses connected together in their commission…”

That’s why you’ll often see both 23152(a) and 23152(b) listed after a DUI arrest—even if it was just one stop, one test, and one incident.

Can You Be Convicted of Both 23152(a) and 23152(b)?

Yes—but you won’t be punished twice.

California law prohibits double punishment for the same act. While you can technically be convicted of both VC 23152(a) and 23152(b), the court will only sentence you for one of the charges.

Here’s how it typically works:

• Both charges may appear on your court record and plea paperwork.

• At sentencing, the judge will impose only one punishment.

• One conviction may be dismissed at sentencing to avoid double penalties under California law.

In many cases, your DUI defense attorney may negotiate with the prosecution to drop one charge in exchange for a plea to the other—especially if there are legal issues with the evidence (such as chemical test reliability or officer conduct).

Penalties for a First-Time DUI Under VC 23152(a) or (b)

A first-time DUI under either Vehicle Code § 23152(a) or § 23152(b) is typically charged as a misdemeanor. However, the consequences can still be serious and long-lasting.

Standard penalties for a first-time DUI may include:

• Up to 6 months in county jail

• $390 to $1,000 in base fines (plus penalty assessments totaling $1,500 to $2,500+)

• 3 to 9 months of mandatory DUI education (DUI school)

• Driver’s license suspension for up to 10 months

• 3 to 5 years of informal probation

• Ignition Interlock Device (IID) installation in certain counties

Aggravating factors can lead to enhanced penalties, including longer license suspension, increased jail time, or stricter probation terms. These include:

• Prior DUI convictions

• A BAC of 0.15% or higher

• Refusal to submit to chemical testing

• DUI involving a traffic collision, injuries, or child passengers

Important: The DMV can suspend your driver’s license independently of the court process. To challenge this, you must request a DMV hearing within 10 days of your arrest.

Why You Need a DUI Defense Attorney If You’re Facing Charges for Impairment and High BAC

Being charged with both driving under the influence and driving with a blood alcohol concentration (BAC) of 0.08% or higher can be overwhelming—especially for someone facing their first DUI arrest. But a charge is not the same as a conviction, and the right legal strategy can make a significant difference.

An experienced Los Angeles DUI defense attorney can:

• Challenge the legality of the stop or whether police had probable cause to pull you over

• Dispute field sobriety test results or officer observations that are subjective or poorly documented

• Review chemical testing procedures to identify errors in how your breath or blood test was administered

• Negotiate for reduced charges or alternative sentencing options like probation or DUI classes

• Represent you at your DMV hearing to fight for your driver’s license and driving privileges

In many cases, Attorney Hashemi can uncover flaws in the prosecution’s case—such as unreliable evidence or improper police procedures—and may be able to get one or both charges reduced or dismissed entirely.

Speak with a Los Angeles DUI Attorney Today

If you’ve been arrested for DUI and are facing charges in Los Angeles, don’t wait to get legal help. Early intervention by a skilled attorney can protect your license, reduce your risk of jail time, and give you the best chance at a favorable outcome.

Attorney Hashemi has over 20 years of experience handling DUI cases throughout Los Angeles County. Our firm understands the strategies that work—whether you’re dealing with a case involving alleged impairment, a high BAC, or both.

Your consultation is free, confidential, and designed to give you clarity on what to expect next.

Schedule a Free Consultation

📞 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 Extortion Laws – Penal Code 518 PC

Facing extortion charges in California is a serious legal matter. Under Penal Code 518 PC, extortion—often referred to as blackmail—occurs when someone uses threats, intimidation, or coercion to obtain money, property, or to compel another person (including a public official) to act against their will.

Under extortion laws in California, physical violence is not required. Simply threatening to reveal a secret, accuse someone of a crime, or cause emotional or financial harm can lead to felony extortion charges—even if the threat was never carried out.

Because extortion is considered a crime involving moral turpitude, a conviction can carry severe penalties: up to four years in prison, substantial fines, immigration consequences, and long-term damage to your personal life and career. If you’ve been accused of extortion or attempted extortion, it is critical to speak with a Los Angeles criminal defense attorney as early as possible to protect your rights.

What Is Extortion Under California Law?

Under California Penal Code  518, extortion is defined as the act of using threats, force, or intimidation to unlawfully obtain something of value from another person. This includes money, property, services, or even compelling a public official to act against their lawful duty.

Unlike robbery—which involves taking something by force—extortion relies on coercion. The victim technically gives “consent,” but only under pressure, fear, or threat.

Key Elements of Extortion:

To prove extortion under Penal Code 518, prosecutors must show:

• The defendant used a threat, force, or illegal fear;
• That threat was used to obtain property, money, or influence over someone’s actions (such as forcing a public official to approve a permit or contract);
• The victim consented under duress to give up the item or perform the act.

Extortion vs. Blackmail

While the term “blackmail” is often used informally, California law classifies blackmail as a form of extortion. However, extortion covers a much broader range of threats—not just those involving secrets. For example, threatening to:

• Harm someone or their family;
• Accuse someone of a crime;
• Reveal private, shameful, or embarrassing information;
• Damage a person’s reputation or property;

…all qualify as forms of criminal extortion.

Forms of Threats That Count as Extortion – Penal Code § 519 PC

Under Penal Code 519, California law outlines four specific types of threats that qualify as extortion. These threats don’t need to involve physical force to be considered criminal—the intent to use fear or leverage to gain money, property, or influence an action is enough.

Threat to Cause Unlawful Injury

This includes threats to physically harm the victim, damage their property, or harm someone close to them.

Example: “Pay me $1,000 or I’ll break your windows” is extortion—even if no damage actually occurs.

Threat to Accuse the Victim or Their Family of a Crime

Threatening to report someone (truthfully or falsely) for a crime unless they comply with a demand constitutes extortion.

Example: “Give me your phone or I’ll tell the police you’re dealing drugs” is extortion under PC 519.

Threat to Expose a Secret or Disgraceful Information

This is often referred to as blackmail. It applies even if the secret is true, as long as it’s used to pressure someone into giving up money, property, or performing an act.

Example: “Unless you pay me, I’ll release private photos of you online.”

Threat to Reveal Immigration Status or Similar Personal Info

Using someone’s immigration status or personal situation as leverage—either against them or a loved one—can result in extortion charges.

Example: “Pay me under the table or I’ll report your cousin to immigration.”

Each of these threats can support a felony charge—even if the victim willingly gave up the money or agreed to the demand.

Examples of Extortion Under California Law

Extortion doesn’t just happen in movies or organized crime cases. In California, it shows up in many everyday and high-profile scenarios, including:

• Threatening to leak intimate photos unless the victim pays or stays silent
• Demanding money from a business in exchange for not reporting code violations
• Telling a coworker to pay up or face being falsely accused of workplace harassment
• Forcing a public official to approve a permit or contract under threat of exposure

These examples highlight how extortion can occur in personal, professional, or political contexts. The law focuses on the threat and the intent to gain, not just the result.

Attempted Extortion Is Also a Crime

Even if the extortion attempt fails—or the victim refuses to comply—the act of making the threat itself can still lead to criminal charges. Attempted extortion is prosecuted under the same statute and carries serious penalties, including jail time and heavy fines.

How Extortion Differs from Robbery or Blackmail

Extortion is often confused with robbery and blackmail—but under California law, these are distinct offenses with important legal differences.

Here’s how extortion compares:

In short:

• Robbery = Taking property by force or fear, without consent.
• Extortion = Using threats to get coerced consent.
• Blackmail = A subset of extortion focused on threats to expose secrets.

Penalties for Extortion and Attempted Extortion

Felony Extortion

• Two, three, or four years in state prison
• A fine of up to $10,000
• Formal probation in some cases
• A permanent felony record
• Restitution to the alleged victim

Attempted Extortion

Attempted extortion—making a threat to obtain something of value, even if unsuccessful—is still a criminal offense under California law. It may be charged as either a misdemeanor or a felony, with penalties that include:

• Up to one year in county jail (misdemeanor)
• 16 months, two years, or three years in state prison (felony)
• Fines up to $10,000

Additional Consequences

• Immigration consequences, including possible deportation for non-citizens
• Loss or suspension of professional licenses
• Civil lawsuits filed by the alleged victim
• Damage to employment prospects, housing, and personal reputation

Legal Defenses to Extortion Charges in California

No Criminal Intent to Commit Extortion

Extortion requires that the defendant acted with the intent to obtain property, money, or a compelled act through the use of a threat. If you made a statement without intending it as a threat—or were misunderstood—then the required element of criminal intent may be missing. For example, making a demand in a heated conversation without the intention to follow through may not qualify as extortion.

False Allegations or Mistaken Identity

In emotionally charged disputes—especially involving money, family matters, or business—people sometimes make false claims of extortion. Other times, the police may arrest the wrong person based on limited or incorrect information. If there is no credible evidence that you made the alleged threat, your defense attorney can expose inconsistencies and attack the reliability of the accusation.

Consent Was Not Coerced by Threat

The prosecution must prove that the victim’s consent to hand over money or perform an act was obtained because of the defendant’s threat. If the victim acted voluntarily or for unrelated reasons—such as to resolve a separate dispute or under mutual agreement—then the charge may not hold. Simply demanding repayment of a debt or requesting action without a threat of harm is not extortion.

No Threat as Defined by Law

California law requires a specific kind of threat—such as a threat to cause injury, reveal a secret, accuse someone of a crime, or expose information that would cause disgrace. If your words or actions do not meet the legal definition of a threat under PC 519, your attorney can argue that the alleged conduct was not criminal.

Entrapment or Unlawful Police Conduct

If law enforcement encouraged you to make a threat or improperly induced you into making a statement, the case may be a result of entrapment. Similarly, if your statements were obtained through coercion, threats, or illegal surveillance, your defense attorney may be able to file a motion to suppress the evidence—potentially leading to a dismissal.

How a Los Angeles Criminal Defense Attorney Can Help

Extortion charges are aggressively prosecuted in California—and they often involve complex legal questions about intent, consent, and communication. Even a misunderstanding or false accusation can lead to felony charges with life-altering consequences.

Working with an experienced Los Angeles criminal defense attorney from the beginning can make a critical difference. We will:

• Investigate the allegations thoroughly to uncover weaknesses in the prosecution’s case
• Challenge the key element of coercion or unlawful threats
• Seek to reduce charges to attempted extortion or a misdemeanor, when appropriate
• Protect your rights in related proceedings—such as civil asset forfeiture or restraining orders
• Prepare a strong, fact-based defense to present in court if necessary

Every extortion case is fact-specific. Our goal is to resolve yours quickly and favorably—whether that means fighting for a dismissal, negotiating reduced charges, or avoiding jail time altogether.

Speak with a Los Angeles Criminal Defense Attorney Today

If you’ve been accused of extortion or attempted extortion under Penal Code 518, the time to act is now. These cases can escalate quickly and carry serious criminal, financial, and reputational consequences.

Attorney Hashemi has over 20 years of experience defending clients against serious felony charges in Los Angeles County. He will personally review your case, explain your legal options, and fight to protect your future.

Schedule a Free Consultation

📞 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.

Conspiracy vs. Racketeering (RICO) in California: What’s the Difference?

Criminal conspiracy and racketeering (RICO) are two serious offenses under California law, and while they’re often charged together, they are not the same. Both involve coordinated criminal conduct, but the legal definitions, elements, and penalties differ significantly.

Conspiracy typically refers to an agreement between two or more people to commit a crime, even if the crime itself was never completed. Racketeering, on the other hand, involves participation in an ongoing criminal enterprise—often tied to repeated acts of fraud, violence, or corruption—intended for financial gain.

California prosecutors use both conspiracy (Penal Code § 182) and racketeering (Penal Code § 186) statutes to target organized criminal activity. These charges can result in lengthy prison sentences, asset forfeiture, and other severe consequences—even if no underlying crime was successfully carried out.

Understanding the difference between these two charges is critical if you or someone you know is under investigation. Early legal intervention by an experienced Los Angeles criminal defense attorney can make all the difference.

What Is Criminal Conspiracy in California? – Penal Code § 182 PC

Under California Penal Code 182, criminal conspiracy occurs when two or more people agree to commit a crime—and at least one of them takes a step toward carrying it out. The crime doesn’t have to be completed; just the agreement and an “overt act” in furtherance of the plan is enough to support a charge.

For example, if two individuals agree to commit burglary and one of them buys tools to break in, both can be charged with conspiracy—even if the burglary never happens.

Elements the Prosecutor Must Prove

To convict someone of conspiracy in California, the prosecution must prove:

• An agreement between two or more people to commit a crime;
• Intent by each party to follow through with the crime; and
• An overt act in furtherance of the agreement (even a small step, like purchasing supplies or scouting a location).

Conspiracy charges can apply to almost any underlying offense—from fraud and drug crimes to violent acts—and are often used to tie multiple defendants together in complex investigations.

What Is Racketeering in California? – California’s State RICO Law

Racketeering is defined under California’s Control of Profits of Organized Crime Act, which includes Penal Code §§ 186–186.8. It targets individuals and organizations that profit from ongoing criminal activity, particularly when that activity is part of a coordinated enterprise.

While conspiracy focuses on the agreement to commit a crime, racketeering requires a pattern of criminal actscommitted for financial gain and often includes conspiracy as part of the offense.

California’s racketeering laws are similar in function to the federal RICO Act (Racketeer Influenced and Corrupt Organizations Act). Both allow prosecutors to charge individuals involved in criminal enterprises, seize their assets, and impose lengthy prison sentences.

Key Features of Racketeering in California:

• A person must commit at least two or more felony acts (called “predicate offenses”) within a 10-year span.
• These acts must be connected to a criminal enterprise or organization.
• The conduct must be committed for financial benefit (e.g., extortion, drug trafficking, fraud, etc.).

Some common offenses linked to California racketeering charges include:

• Drug trafficking and manufacturing
• Fraud and embezzlement
• Human trafficking
• Money laundering
• Extortion or bribery
• Murder, kidnapping, or robbery
• Witness intimidation

A conviction under Penal Code 186 can result in state prison, asset forfeiture, and serious financial penalties, even if the defendant didn’t directly carry out every act themselves.

Key Differences Between Conspiracy and Racketeering

While conspiracy and racketeering charges are often filed together, they involve very different legal theories and levels of criminal conduct. Below is a breakdown of how these two offenses differ in structure, scope, penalties, and prosecution.

Structure: Agreement vs. Pattern of Crime

• Conspiracy is based on an agreement between two or more people to commit a specific crime. The crime doesn’t have to be completed — the agreement and an overt act in furtherance of it are enough to trigger charges.
• Racketeering, on the other hand, involves a pattern of criminal activity carried out for financial gain, often as part of a criminal enterprise or organization. A single agreement is not required; what matters is repeated unlawful conduct.

Scope: Single Crime vs. Multiple Acts

• A conspiracy charge generally relates to one planned crime — such as robbery, fraud, or drug distribution.
• Racketeering charges cover a series of crimes committed over time as part of a broader operation. The government must show at least two or more qualifying acts within a 10-year span.

Charges and Complexity

• Conspiracy cases are usually more straightforward, focusing on intent and communication between co-conspirators.
• Racketeering prosecutions are far more complex. They often involve multiple defendants, long-term investigations, and charges under California’s Control of Profits of Organized Crime Act or the federal RICO Act.

Federal vs. State Use

• Conspiracy charges are commonly filed at both the state and federal levels and may stand alone or support larger indictments.
• Racketeering charges are often associated with federal RICO prosecutions, but California also has a strong state-level racketeering law under Penal Code 186–186.8.

Penalties and Enhancements

• A conspiracy conviction typically carries penalties based on the severity of the planned crime — from probation to years in prison.
• A racketeering conviction can lead to long-term imprisonment, major fines, and asset forfeiture, including the seizure of money, property, and business interests connected to the criminal activity. These charges often come with sentence enhancements tied to violence, weapons, or white collar offenses.

Penalties for Conspiracy and Racketeering in California

Conspiracy Penalties – California Penal Code 182

• If the planned crime is a felony, conspiracy is generally punished as if the felony had actually been committed.
• If the intended crime is a misdemeanor, conspiracy may be punished by up to 1 year in county jail and a fine up to $10,000.
• For certain conspiracies (e.g., conspiracy to commit murder or kidnapping), sentencing can include life in prisonor enhanced penalties tied to gang or firearm allegations.

Importantly, a person can be convicted of conspiracy even if the crime was never completed, so long as there was an agreement and an overt act in furtherance of the plan.

Racketeering Penalties – California Penal Code 186.2–186.11

• Felony penalties: Racketeering is always charged as a felony in California.
• Prison sentence: Convictions may result in 2, 3, or 5 years in state prison, depending on the underlying crimes and enhancements.
• Fines: Up to $250,000 or double the amount of the criminal proceeds.
• Asset forfeiture: The government can seize bank accounts, real estate, vehicles, or any property connected to the alleged criminal activity—even before a conviction.
• Sentence enhancements: If tied to aggravated white collar crimes or violent felonies, racketeering convictions can include additional years in prison under PC 186.11.

A racketeering conviction can also carry immigration consequences, affect professional licensing, and result in restitution orders to compensate victims of financial harm.

Defenses to Conspiracy and Racketeering Charges in California

Lack of Agreement or Intent (Conspiracy)

To convict someone of conspiracy, the prosecution must prove that two or more people agreed to commit a crime and took some step toward completing it. If there was no actual agreement—or you didn’t intend to participate—you cannot be found guilty of conspiracy.

No Pattern of Criminal Activity (Racketeering)

California’s racketeering laws require a clear pattern of criminal profiteering. If the alleged acts were isolated, unrelated, or committed over a long period of time without connection, they may not meet the threshold for racketeering.

No Involvement in a Criminal Enterprise

Racketeering charges often depend on proving that the defendant acted on behalf of, or for the benefit of, a criminal enterprise. If you acted independently or for personal reasons unrelated to an organization, this element may not be satisfied.

Withdrawal from the Conspiracy

In conspiracy cases, it’s a valid defense to show that you withdrew from the agreement before any criminal act was committed. This requires evidence that you made a clear effort to abandon the plan and communicated that withdrawal to the co-conspirators.

False Accusations or Mistaken Identity

In large-scale investigations involving multiple people, law enforcement sometimes relies on faulty information or unreliable witnesses. If you’re being accused based on guilt by association or misidentification, your attorney can challenge the credibility of the evidence.

Illegally Obtained Evidence

If the prosecution’s case is built on evidence obtained through unlawful searches, wiretaps, or surveillance—without a valid warrant or probable cause—your attorney can file a motion to suppress. If granted, key evidence may be excluded, potentially leading to a dismissal.

Facing Conspiracy or Racketeering Charges? Speak with a Los Angeles Criminal Defense Attorney Today

If you’ve been charged with conspiracy, racketeering, or both, the stakes are incredibly high. These are complex felony cases often linked to serious underlying offenses—ranging from fraud to violent crime—and they can carry long prison terms, financial penalties, and asset forfeiture.

Attorney Hashemi has over 20 years of experience defending clients in complex state and federal criminal cases throughout Los Angeles. He understands how conspiracy and racketeering charges are built—and how to challenge them through detailed legal strategy, investigation, and negotiation.

If you’re under investigation or already facing charges, early legal intervention is critical. Our criminal defense attorney will evaluate your case, explain your rights, and help you move forward with a strong defense.

Schedule a Free Consultation

📞 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 Racketeering Laws

In California, racketeering refers to a pattern of organized criminal activity carried out to benefit a criminal enterprise—typically for financial gain. These cases often involve multiple illegal acts, such as drug trafficking, extortion, embezzlement, human trafficking, money laundering, or even violent crimes like murder. The goal of racketeering laws is to dismantle criminal organizations by targeting not only the individuals involved, but the financial infrastructure that supports them.

At the federal level, prosecutors use the RICO Act (Racketeer Influenced and Corrupt Organizations Act) to charge those involved in organized crime. California has its own version—known as the California Control of Profits of Organized Crime Act, encoded in Penal Code §§ 186–186.8. This state law gives prosecutors broad authority to pursue cases against individuals or groups involved in repeated criminal acts tied to an enterprise.

To convict someone of racketeering in California, the prosecution must prove a pattern of criminal profiteering activity—meaning at least two qualifying felony offenses committed with a shared motive, method, or goal. These crimes must not be isolated incidents, but rather part of an ongoing criminal scheme.

Because racketeering charges often include asset forfeiture, financial penalties, and long prison sentences, it’s critical to consult with a skilled Los Angeles criminal defense attorney as soon as possible if you’re under investigation or facing formal charges.

What Is Racketeering in California?

Racketeering refers to engaging in a pattern of criminal activity for the benefit of an organization, enterprise, or group—typically to generate unlawful financial gain. These crimes are not isolated incidents but are connected by a shared structure, objective, or method. In California, this type of conduct is also referred to as criminal profiteering.

Racketeering can involve a wide variety of criminal acts committed as part of an organized operation. Some of the most common offenses tied to racketeering include:

• Drug manufacturing and distribution
• Money laundering
• Extortion or bribery
• Fraud schemes (real estate, insurance, welfare, etc.)
• Human trafficking
• Prostitution rings
• Loan sharking
• Embezzlement
• Organized retail theft
• Witness intimidation
• Gang-related violence
• Murder and kidnapping

These crimes are often carried out in furtherance of a criminal enterprise—whether a street gang, fraud ring, cartel, or other coordinated group. What ties these offenses together is that they’re part of a larger operation designed to profit from illegal conduct.

California prosecutors use Penal Code 186.2 to target these patterns of behavior, while Penal Code 186.3 enables the government to seize assets believed to be connected to the criminal activity, even before a conviction.

Because the law allows multiple underlying felonies to be grouped into a single racketeering case, charges under California’s racketeering laws can quickly become complex, aggressive, and high stakes.

California’s Racketeering Law – Penal Code 186.2 Overview

California’s racketeering laws are found under the California Control of Profits of Organized Crime Act, beginning with Penal Code 186.2. This statute defines criminal profiteering activity as a pattern of certain felony offenses committed for financial gain as part of a criminal enterprise.

What makes PC 186.2 particularly powerful is that it doesn’t require a specific organization like the federal RICO Act does. Instead, California law focuses on patterns of criminal conduct tied together by motive (financial gain), method, or connection to a larger scheme.

Under Penal Code 186.2, the prosecutor must show:

• That the defendant committed or attempted to commit at least two qualifying felony offenses
• That these offenses were connected and not isolated acts
• And that the activity was done for financial gain or advantage

The statute also includes a long list of felonies that can trigger a racketeering case, such as drug trafficking, fraud, extortion, bribery, and violent crimes like murder or arson.

Additionally, Penal Code 186.3 allows the government to seize property—such as bank accounts, cars, cash, and even real estate—if it believes those assets are tied to criminal profiteering activity. This can happen before a person is convicted.

Together, these laws give California prosecutors wide authority to bring sweeping criminal charges, often accompanied by aggressive asset forfeiture actions.

How Criminal Profiteering Is Proven in California

To secure a racketeering conviction under California law, the prosecution must prove that the defendant engaged in a pattern of criminal profiteering activity. This pattern is a key element that separates isolated offenses from organized criminal behavior.

The “Pattern” Requirement

A pattern exists when there are at least two or more qualifying felony acts that:

• Were committed within 10 years of each other (not including time in custody), and
• Share a common purpose, method, or connection to a criminal enterprise, and
• Were committed for financial gain or advantage.

These crimes do not need to be identical but must be linked in a way that shows they were not random or isolated. For example, a real estate fraud scheme that involves bribery, money laundering, and witness intimidation could all be prosecuted under PC 186 as part of a single racketeering case.

Qualifying Criminal Offenses

California Penal Code 186.2 lists over 30 felony offenses that can be used to establish a criminal profiteering pattern. Common examples include:

• Drug trafficking and manufacturing
• Grand theft, embezzlement, or identity theft
• Bribery or extortion
• Insurance or real estate fraud
• Kidnapping, robbery, or murder
• Money laundering (PC 186.10)
• Human trafficking
• Arson
• Witness intimidation or obstruction of justice

The prosecution often uses these charges together with  criminal profiteering  to create a broader narrative of organized crime—making it easier to justify severe penalties like asset forfeiture and extended prison terms

Penalties for Racketeering in California

Asset Forfeiture Under California Law

One of the most powerful tools prosecutors have in these cases is the ability to seize property under Penal Code 186.3. If the government can prove that your money, real estate, vehicles, or business assets were acquired through criminal profiteering—or were exchanged for proceeds of unlawful activity—those assets may be subject to forfeiture.

This means the state can take:

• Bank accounts and cash
• Homes, vehicles, and real property
• Businesses and equipment
• Any item acquired directly or indirectly through criminal activity

Even if you are not convicted of the underlying offense, the government may still pursue a civil forfeiture case, which has a lower burden of proof.

Criminal Penalties and Prison Time

In addition to financial consequences, a person convicted of racketeering may also face:

• Felony charges tied to each qualifying offense
• Multiple years in state prison — often based on the most serious underlying crimes
• Substantial fines
• Restitution to victims, if financial loss can be proven
• Probation or parole conditions upon release

The specific sentence will depend on the nature and number of the underlying crimes. For instance, racketeering linked to violent acts or major fraud schemes will result in far harsher consequences than those involving non-violent financial offenses.

California law treats organized criminal activity as a threat to public safety and economic stability. That’s why even first-time offenders can face steep penalties when prosecutors allege a pattern of criminal profiteering.

Possible Legal Defenses to Racketeering Charges in California

No Pattern of Criminal Profiteering

To convict someone of racketeering, the prosecution must prove that you committed two or more qualifying felonies that were part of a coordinated criminal enterprise. If your alleged offenses were isolated, unrelated incidents, or occurred too far apart in time, your attorney may argue there was no “pattern” of criminal profiteering, as required under Penal Code 186.2.

Lack of Financial Motive

California’s racketeering laws specifically target crimes committed for financial gain. If there’s no clear link between the alleged conduct and a profit motive, the prosecution may not meet the legal definition of criminal profiteering. This defense can be especially powerful when the underlying charges involve violence or threats not connected to economic benefit.

No Connection to a Criminal Enterprise

Prosecutors often try to tie individuals to broader criminal networks, but that link must be proven. If you were not part of an organized group or didn’t act in coordination with others, your attorney may challenge the state’s claim that your actions furthered a criminal enterprise or organization.

Unlawful Seizure or Asset Forfeiture

In many racketeering cases, law enforcement seizes property before a conviction has occurred. If the government cannot clearly connect your assets to the alleged crimes—or if your constitutional rights were violated in the process—your attorney can file motions to suppress evidence or challenge the legitimacy of the forfeiture.

False Allegations or Overcharging

Because racketeering charges often involve multi-agency investigations and complex fact patterns, mistakes happen. People can be wrongly accused or overcharged based on association alone. Your lawyer may be able to uncover flawed evidence, unreliable witnesses, or lack of direct involvement in the criminal conduct.

Charged with Racketeering in California? Speak with a Criminal Defense Attorney Now

If you’re facing racketeering charges under California’s organized crime laws, the consequences can be severe—asset forfeiture, long prison terms, and a lifetime impact on your reputation and financial future. Prosecutors build these cases to be sweeping and aggressive, often relying on broad allegations and circumstantial links to criminal enterprises.

With over 20 years of experience, Attorney Hashemi has defended clients across Los Angeles County facing high-stakes felony charges and criminal allegations. As an experienced Los Angeles criminal defense attorney, he understands how to challenge the prosecution’s narrative and protect your rights at every stage of the case.

At The Law Offices of Arash Hashemi, we’ll review the facts, explain your legal options, and fight for the best possible outcome—whether that means dismissal, reduced charges, or avoiding asset forfeiture entirely. Contact our office today for a free confidential consultation.

Schedule a Free Consultation

📞 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.

What Is Child Neglect Under Penal Code 270 PC?

In California, it is a crime for a parent or legal guardian to willfully fail to provide a child with basic necessities—such as food, clothing, shelter, or medical care—without a lawful excuse. This offense is defined under California Penal Code 270, and it can apply to biological, adoptive, and in some cases, presumed parents.

Neglect charges are taken seriously by law enforcement, prosecutors, and child welfare agencies—especially when a child’s health, safety, or well-being is believed to be in jeopardy. A conviction can result in jail time, substantial fines, and in certain cases, a felony criminal record. It may also trigger a child dependency investigation or lead to loss of custody.

If you or a loved one has been accused of child neglect in Los Angeles, it is critical to speak with an experienced Los Angeles criminal defense attorney as early as possible. A skilled attorney can help protect your rights, fight back against false allegations, and work to keep your family intact.

Legal Definition of Child Neglect – PC 270

To convict someone of child neglect under Penal Code 270, the prosecution must prove the following elements beyond a reasonable doubt:

1. The defendant is the parent (or legal guardian) of a minor child;
2. The parent willfully failed to provide a necessary form of care (such as food, shelter, or medical attention); and
3. There was no lawful excuse for failing to do so.

Key definitions:

• A minor is anyone under the age of 18.
• In some cases, the law also applies to unborn children, particularly if the defendant resides with the pregnant parent.
• A “necessity” includes basic needs essential to a child’s well-being, such as clothing, food, housing, appropriate medical treatment, or recognized religious remedial care.

Who Qualifies as a “Parent” Under Penal Code 270?

Under California law, “parent” is defined broadly and may include:

• Biological or adoptive parents
• Foster parents
• Any person who holds themselves out as a parent
• A spouse living with a pregnant partner, even if not biologically related to the child

Even if a parent has never had custody or contact with the child, they may still be liable if:

• They are legally recognized as a parent, and
• Their parental rights have not been terminated by court order

The law does not require shared custody or an active parenting role to establish legal responsibility under PC 270.

What Is Considered a “Lawful Excuse”?

Not all failures to support a child are criminal. A parent may have a lawful excuse if the failure to provide was outside of their control, such as:

• Unemployment or insufficient income, despite making reasonable efforts to find work
• Illness, disability, or medical incapacity preventing employment
• Lack of property, income, or financial assets to meet the child’s needs

However, the following do not qualify as lawful excuses:

• Choosing not to work or rejecting job opportunities
• Spending income on non-essential or luxury items
• Intentionally avoiding child support or attempting to hide assets

The court will consider all circumstances — including income, benefits, and available resources — when determining whether a parent had the ability to provide.

Penalties for Child Neglect in California – PC 270

Violating Penal Code 270 can result in either a misdemeanor or a felony, depending on the circumstances of the case — especially if the court has previously made a legal determination of parentage.

Misdemeanor Penalties:

• Up to 1 year in county jail
• A fine of up to $2,000
• A permanent criminal record
• Potential CPS investigation or removal of the child from the home
• Impacts on family court or custody proceedings

Felony Penalties (when a court has declared legal parentage):

• Up to 1 year in county jail, or
• 16 months, 2 years, or 3 years in state prison
• Fines up to $2,000
• Possible loss of firearm rights
• Ineligibility for certain professional licenses or public benefits

Even a misdemeanor conviction can carry long-lasting consequences — including issues with immigration status, employment background checks, or access to housing. And in cases where the neglect is alleged alongside other charges (like endangerment or abuse), prosecutors may seek harsher penalties or combine charges.

Because PC 270 can be charged either as a misdemeanor or a felony (“wobbler”), an experienced criminal defense attorney can often negotiate for a reduction to an infraction or dismissal — especially where the neglect was unintentional or linked to financial hardship.

Common Legal Defenses to PC 270 Charges

You Did Not Willfully Fail to Provide Care

Penal Code 270 requires that the failure to provide for a child be willful. If you lost your job, suffered from a medical emergency, or otherwise lacked the ability to provide basic needs through no fault of your own, your conduct may not meet the legal definition of neglect. Evidence of good-faith efforts to find work or apply for public assistance can support this defense.

You Had a Lawful Excuse

The law recognizes that parents may face circumstances outside their control. A lawful excuse may include:

• Inability to find employment despite reasonable efforts
• Physical or mental health issues preventing income generation
• No access to property, savings, or outside support

California courts will consider whether the inability to provide was genuine and unavoidable, rather than due to financial irresponsibility or neglect.

You Are Not the Legal Parent

To be convicted under PC 270, you must be legally recognized as the child’s parent. If there is no legal determination of paternity, or if the court has previously terminated your parental rights, you cannot be held criminally liable for failing to provide care. This defense is particularly relevant in disputed paternity or adoption cases.

Mistake of Fact or False Accusations

Child neglect charges often arise from mandatory reporters — such as teachers, doctors, or social workers — who are legally required to report suspected abuse or neglect. However, these reports may be based on incomplete information or assumptions. In some cases, allegations may even be false, driven by custody disputes, neighbor complaints, or personal conflict. Your attorney can investigate the credibility of the source and present evidence to refute the claim.

Religious or Alternative Medical Care

California law allows parents to provide “remedial care” in lieu of traditional medical treatment, so long as it aligns with the practices of a recognized religious denomination and the child is not critically ill or at risk of death. If your child received alternative or faith-based care within these limits, the court may find that you satisfied your legal obligations.

You Were Falsely Accused Out of Malice or Retaliation

In family law disputes, especially during divorce or custody proceedings, it’s not uncommon for one parent to falsely accuse the other of neglect in order to gain leverage. Your attorney can uncover inconsistencies, highlight ulterior motives, and challenge the accuser’s credibility.

Strategic Defense Planning

Every child neglect case is fact-specific. A skilled defense attorney will:

• Review the child’s medical, school, and welfare records
• Investigate the reporting party and their motives
• Gather evidence of attempts to provide care (e.g., job applications, doctor visits)
• Work with expert witnesses when appropriate

Will Child Protective Services (CPS) Get Involved?

Yes. If a child neglect report is made, Child Protective Services (CPS) may begin an investigation and assess the child’s safety in the home. If the agency finds evidence of neglect, they may:

• Offer voluntary family services
• Open a child dependency case
• Temporarily remove the child
• Seek termination of parental rights in severe cases

CPS involvement can lead to family court proceedings, loss of custody, or supervised visitation — even if the criminal charges are reduced or dismissed.

Steps to Take If You’re Charged with Child Neglect in California

If you’re under investigation or facing charges for child neglect under PC 270, take the following steps immediately:

1. Do Not Speak to Police Without an Attorney – Anything you say can be used against you.
2. Consult with a Criminal Defense Lawyer – An experienced attorney can evaluate the case and advise on next steps.
3. Gather Supporting Evidence – Documentation of employment, financial hardship, medical records, or caregiving efforts can help.
4. Prepare for Both Criminal and CPS Proceedings – These are often handled separately and require coordinated defense strategies.

Speak with a Los Angeles Criminal Defense Attorney

Child neglect accusations can have lifelong consequences — including jail time, loss of custody, and a permanent criminal record. Whether you are accused after a divorce dispute, custody case, or false report, the right legal representation is critical.

At The Law Offices of Arash Hashemi, we understand how California’s child neglect laws are enforced and prosecuted. With over 20 years of experience in Los Angeles County, we are ready to fight for your rights, your freedom, and your family.

Schedule a Free Consultation

📞 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.

Firearm Sentencing Enhancements Under California Law

In California, crimes involving the use or possession of a firearm often carry additional penalties beyond the punishment for the underlying offense. These are known as sentencing enhancements, and they can significantly increase the amount of time someone spends behind bars — sometimes adding 10 years, 20 years, or even life depending on the circumstances.

Prosecutors frequently stack multiple enhancements in the same case, especially when a gun is allegedly used during the commission of a felony such as robbery, assault, or a sex offense. These enhancements often apply in cases involving other weapons charges like carrying a concealed firearm or unlawful possession. This aggressive approach makes it crucial for defendants and their families to understand how these enhancements work and what defense strategies are available.

If you’re facing criminal charges involving a firearm, it’s essential to speak with an experienced Los Angeles criminal defense attorney as early as possible. The right legal guidance can help reduce exposure to these enhancements — or get them dismissed altogether.

What Is a Sentencing Enhancement?

A sentencing enhancement is not a separate criminal charge. Instead, it’s an additional punishment added on top of the sentence for an underlying felony — based on specific aggravating factors, such as the use of a firearm, causing great bodily injury, or targeting a vulnerable victim.

In firearm-related cases, California Penal Code sections like PC 12022, 12022.5, and 12022.53 outline the most commonly used enhancements. These laws increase the severity of a sentence depending on factors like:

• Whether a firearm was present,
• Whether it was discharged, and
• Whether someone was injured or killed.

To apply an enhancement, the prosecution must prove it beyond a reasonable doubt, either during trial or in a separate sentencing phase. Even if the base felony carries a moderate penalty, an enhancement can transform a state prison term of a few years into a decades-long sentence.

Because these enhancements are complex — and often misunderstood — they should always be reviewed with a qualified criminal defense attorney before any plea is accepted.

Common Firearm Sentencing Enhancements in California

Below are the most commonly used firearm-related sentencing enhancements in California criminal cases. Each one is governed by a specific section of the Penal Code and can significantly increase prison time if proven.

PC 12022 – Armed with a Firearm During the Commission of a Felony

Penal Code 12022(a) applies when a defendant was armed with a firearm while committing, or attempting to commit, a felony — even if the gun was never used or displayed.

• Enhancement: 1 additional year in state prison
• Key Detail: The firearm doesn’t have to be fired or even brandished — simply having it readily available during the offense qualifies.
• Common Cases: Drug trafficking, burglary, robbery, and possession of a firearm during the commission of a felony.
• Important Note: The enhancement is added to the sentence for the underlying felony and can be imposed even if the defendant had no intent to use the weapon.

PC 12022.1 – Committing a Felony While Out on Bail or O.R. Release

Although not firearm-specific, Penal Code 12022.1 is frequently filed in gun-related cases when a defendant is arrested for a new felony while out on bail or released on their own recognizance (O.R.) for a previous one.

• Enhancement: 2 years of consecutive prison time
• Key Requirement: The defendant must be convicted of both the original and new felony offenses
• Why It Matters: This enhancement can apply on top of other firearm enhancements, making it particularly dangerous for repeat offenders
• Common Scenario: Someone facing gun charges gets out on bail, then is caught with another weapon or involved in another felony while awaiting trial

PC 12022.2 – Possession of Armor-Piercing Ammunition or a Loaded Firearm During a Felony

Penal Code 12022.2 imposes additional prison time if a defendant either:

• Wears a body vest during a violent felony, or
• Carries ammunition designed to penetrate metal or armor, such as Teflon-coated or military-grade rounds

This enhancement is typically reserved for situations where public or officer safety is at serious risk.

• Enhancement: 3, 4, or 10 years in prison
• Common Charges: Armed robbery, home invasion, gang-related felonies, or firearm possession cases involving high-powered or prohibited ammunition.
• Why Prosecutors File It: The law sees this as an escalation — bringing military-style equipment into a criminal act increases both the threat and the sentencing exposure.
• Important Note: Prosecutors don’t have to prove the ammo was actually fired—mere possession during the felony is enough.

PC 12022.3 – Use or Possession of a Firearm During the Commission of Certain Sex Offenses

Penal Code 12022.3 enhances prison time if a defendant uses or possesses a firearm during the commission of certain sex crimes, including:

• Rape

• Spousal rape

• Forcible oral copulation

• Lewd acts on a child

• Enhancement: 3, 4, or 10 years depending on whether the firearm was merely present, displayed, or actually used

• Why It’s Severe: This enhancement targets crimes already considered violent and traumatic. When a firearm is involved, the state treats the case as especially egregious.

• Real-World Example: A person accused of sexual assault who was found to have a loaded gun in their possession — even if never used — may face this enhancement.

PC 12022.4 – Furnishing a Firearm to Aid in the Commission of a Felony

Penal Code 12022.4 applies when someone provides, furnishes, or attempts to furnish a firearm to another person for use during the commission of a felony.

• Enhancement:

  • Up to 3 years added to the sentence

• Key Points:

  • The person furnishing the firearm does not need to be the one who committed the felony.
  • The law targets individuals who help facilitate crimes by supplying weapons, even if they are not present during the offense.

• Common Scenarios:

  • A friend or associate gives a gun to someone before a robbery, burglary, or assault.
  • A person leaves a loaded firearm accessible for someone known to be planning a felony.

• Why It’s Charged: Prosecutors use this to hold weapon suppliers accountable for enabling violent crimes, even if they didn’t physically participate.

PC 12022.5 – Personal Use of a Firearm During a Felony

Penal Code 12022.5 adds time when a defendant personally uses a firearm during the commission of a felony. This includes pointing, brandishing, or firing a weapon—even if no injury occurred.

• Enhancement:

  • 3, 4, or 10 years in state prison

• Key Points:

  • Applies to a wide range of felonies: assault with a firearm, assault with a deadly weapon (PC 245), robbery, carjacking, kidnapping, and more
  • “Use” of a firearm does not require discharge—displaying the weapon in a threatening way is enough.

• Example:

  • During a home invasion, the defendant holds a victim at gunpoint but never fires. PC 12022.5 would still apply.

• Why It’s Powerful:

  • This is one of the most commonly charged enhancements in violent felony cases. It significantly raises sentencing exposure and often leads to harsher plea deal negotiations.

PC 12022.53 – Use of a Firearm During a Serious Felony (“10-20-Life Law”)

Penal Code 12022.53 is one of the harshest firearm enhancements in California. Known as the “10-20-Life” law, it applies when someone personally uses a gun during the commission of certain serious or violent felonies.

Enhancement Options:

• 10 years – for using a firearm
• 20 years – for firing the firearm
• 25 years to life – if someone is seriously injured or killed

Qualifying Felonies Include:

• Murder or attempted murder
• Robbery
• Kidnapping
• Carjacking
• Rape
• Certain gang crimes or sex offenses

Enhancements under PC 12022.53 must run consecutively to the base sentence. They only apply when the defendant personally used the firearm.

Judges generally have limited discretion to dismiss enhancements under this section. However, recent reforms like Senate Bill 620 now allow judges to strike the enhancement in the interest of justice in certain cases.

Example:
A defendant fires a gun during a robbery — even if no one is hit — they could still face the 20-year enhancement, in addition to the sentence for the robbery itself.

Why It’s Significant:
PC 12022.53 often results in decades of extra prison time, and prosecutors pursue it aggressively — especially in gang-related or violent cases.

PC 12022.55 – Discharging a Firearm from a Motor Vehicle

Penal Code 12022.55 adds a sentencing enhancement for intentionally firing a gun from a vehicle during the commission of a felony — with the intent to cause great bodily injury or death.

Enhancement:

• 5, 6, or 10 years in state prison

Key Points:

• Applies to drive-by shootings or similar acts involving vehicles used to commit or escape from a felony.
• The felony must be separate from the shooting (e.g., gang-related assault, attempted murder, or witness intimidation).

Example:
A person shoots from a moving car at a rival gang member while fleeing the scene of another felony — PC 12022.55 may be applied in addition to other charges.

Why It’s Used:
This enhancement is often charged in gang-related prosecutions and high-risk public shootings. It reflects the added danger of firearm use in moving vehicles, especially in densely populated areas like Los Angeles.

Can You Be Charged with Multiple Firearm Enhancements?

In many firearm-related felony cases, prosecutors will charge multiple enhancements under different sections of the Penal Code. For example, a single incident involving a firearm might trigger charges under Penal Code 12022.5 (personal use of a firearm) and Penal Code 12022.53 (use of a firearm during a serious felony).

However, California law limits how many enhancements can actually be imposed at sentencing. Under Penal Code 12022.53(f), when multiple firearm enhancements apply, the court typically imposes only the longest applicable term. This means that although a defendant may be charged with several firearm enhancements, they will generally not serve additional time for each one.

That said, prosecutors often file multiple enhancements to gain leverage in plea negotiations. By stacking charges, they can pressure defendants into accepting plea deals to avoid the risk of maximum sentencing. For this reason, it’s important to work with a defense attorney who understands how to challenge enhancements early and negotiate strategically.

How Firearm Enhancements Affect Sentencing in California

Firearm enhancements can significantly increase the time a defendant faces beyond the base sentence for the underlying felony. These enhancements often require the court to impose consecutive sentences, which means the enhancement time is added to the sentence for the primary offense rather than served at the same time.

For example, a defendant convicted of robbery (which carries a 2 to 5-year sentence) and a firearm enhancement under Penal Code 12022.53(b) (which adds 10 years for using a gun) could face up to 15 years in state prison, depending on the circumstances.

Judges generally do not have discretion to strike or reduce many firearm enhancements unless a specific statute permits it, such as with recent reforms allowing judicial discretion under SB 620 for 12022.5 and 12022.53 enhancements.

Firearm enhancements also reduce a defendant’s ability to receive credits toward early release, especially for serious felonies or violent crimes. This can result in longer time actually served.

Because these enhancements often trigger mandatory minimums, limit probation eligibility, and complicate plea negotiations, understanding how they impact sentencing is essential. A skilled criminal defense attorney can analyze the prosecution’s charging strategy, push for dismissal of enhancements where appropriate, and negotiate plea agreements that avoid or minimize additional prison time.

Penalties for Firearm Sentencing Enhancements in California

Firearm enhancements can add significant time to a felony sentence in California. These penalties are not served concurrently with the sentence for the underlying offense—instead, they are stacked consecutively, meaning additional years on top of any prison or jail term already imposed.

The length of the enhancement depends on several key factors, including:

• The type of firearm or ammunition involved
  (e.g., standard handgun vs. assault weapon vs. armor-piercing rounds)

• Whether the weapon was simply possessed or actively used

• The nature of the underlying felony offense
  (e.g., robbery, sexual assault, attempted murder)

• Whether anyone was injured or killed during the crime

• Your criminal history, including prior violent or firearm-related convictions

For example:

• A one-year enhancement may apply if you were simply armed during a drug felony (PC 12022).
• A 10- or 20-year enhancement may apply if you used or discharged a gun during a robbery (PC 12022.53).
• Life in prison may be on the table if the gun caused great bodily injury or death.

Prosecutors often charge multiple enhancements in a single case to increase sentencing exposure and negotiation leverage. That’s why it’s critical to work with a defense attorney who understands how to challenge improper enhancements—or negotiate to have them reduced or dismissed.

Legal Defenses to Firearm Enhancements

Facing firearm sentencing enhancements can dramatically increase your exposure to prison time. However, there are several legal defenses that a skilled criminal defense attorney can use to challenge these enhancements and reduce or eliminate additional penalties.

Here are some of the most common defense strategies:

No Personal Use or Possession of a Firearm
Many enhancements—such as Penal Code 12022.5 or 12022.53—require the prosecution to prove that you personally used or were armed with a firearm. If the weapon belonged to someone else, or if you did not have control over it during the crime, the enhancement may not apply. Even non-use offenses like carrying a loaded firearm can trigger firearm enhancements if tied to a felony.

The Object Was Not Legally a Firearm
California law defines a firearm as a device designed to expel a projectile through force (such as a bullet). If the item in question was inoperable, a replica, or otherwise not legally classified as a firearm, your attorney may be able to challenge the enhancement.

The Enhancement Was Improperly Charged
Sometimes enhancements are filed under the wrong Penal Code section or added without the required supporting facts. An attorney can review the charges and file motions to strike enhancements that do not legally apply to your case.

Illegal Search or Seizure
If the firearm was discovered during an unconstitutional search or unlawful traffic stop, your attorney can file a motion to suppress that evidence. If the firearm is excluded from evidence, the enhancement may be dropped entirely.

The Underlying Felony Was Dismissed or Not Proven
Because enhancements must be attached to an underlying felony, if that felony is dismissed, reduced, or you’re acquitted at trial, the related firearm enhancement cannot stand on its own.

Self-Defense or Legal Justification
In some cases, if you used a firearm in lawful self-defense or defense of another, the underlying felony may not apply—or the enhancement could be challenged as unjustified or disproportionate.

Why Firearm Sentencing Enhancements Are So Serious

Even if a firearm enhancement only adds a few years to a sentence, the long-term consequences can be far greater. These enhancements are treated differently than standard charges — and prosecutors often use them to push for harsher outcomes.

Here’s why these allegations should never be taken lightly:

• Mandatory time: Many enhancements require judges to impose time consecutively — with limited room for leniency or alternatives.
• No early release: Some firearm enhancements reduce or eliminate opportunities for parole or sentencing credits.
• Strike offenses: If the enhancement involves serious bodily injury or certain types of felonies, it may count as a “strike” under California’s Three Strikes Law.
• Plea complications: Firearm enhancements give prosecutors more leverage in plea negotiations — often forcing harsher terms.
• Label of a violent offender: Even in non-violent underlying felonies, a firearm enhancement can result in a violent felony classification.

If you’re charged with a crime involving a firearm, the enhancement may carry more weight than the actual felony. That’s why it’s essential to speak with a criminal defense attorney as early as possible.

Speak with a Los Angeles Criminal Defense Lawyer Today

Firearm sentencing enhancements can add years—or even decades—to a prison sentence. These enhancements are aggressively prosecuted and often mandatory, even if the underlying felony was non-violent. If you’re facing any enhancement under Penal Code 12022 or a related statute, early legal intervention is critical.

At The Law Offices of Arash Hashemi, we bring over 20 years of experience fighting serious felony charges and enhancements in Los Angeles. Our legal team understands how prosecutors build these cases—and how to challenge enhancements that are unsupported, misapplied, or unconstitutional.

Attorney Hashemi will personally review the facts, explain your options, and fight for the best possible outcome—whether that means a negotiated reduction or dismissal of the enhancement, or preparing a strong defense for trial.

Schedule a Free Consultation

📞 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.

Former UFC Champion Cain Velasquez Gets 5 Years for 2022 California Shooting

Former UFC heavyweight champion Cain Velasquez has been sentenced to five years in prisonfollowing a high-profile shooting incident in 2022 that left one man wounded and sparked national debate about vigilantism and justice.

The incident, which occurred on February 28, 2022, involved an 11-mile high-speed pursuit through multiple cities in Santa Clara County. Velasquez, 42, reportedly opened fire from his vehicle at another car carrying Harry Goularte—the man accused of molesting Velasquez’s then-4-year-old son. Goularte’s stepfather, Paul Bender, was struck during the incident and sustained non-life-threatening injuries.

Details of the Shooting

According to investigators, Velasquez began chasing a pickup truck carrying Goularte, Bender, and Goularte’s motherafter learning that Goularte had been released from jail just two days after his arrest on suspicion of child molestation. Goularte had been accused of abusing Velasquez’s son at a daycare facility operated by his mother in San Martin.

The chase spanned across Morgan Hill, San Martin, and San Jose, reaching speeds that endangered other drivers, pedestrians, and even children near a local charter school. During the pursuit, Velasquez fired multiple rounds from a .40-caliber handgun, striking Bender in the arm and torso. He also rammed the victims’ vehicle during the chase.

Authorities later located Velasquez and arrested him without incident in San Jose. He was initially booked on 10 felony charges, including:

• Attempted murder
• Assault with a firearm
• Shooting at an occupied motor vehicle
• Discharging a firearm from a vehicle
• Carrying a loaded firearm with intent to commit a felony

Plea Deal and Legal Proceedings

In August 2023, Velasquez entered a no contest plea to felony attempted murder, assault, and multiple weapons charges. As part of the plea agreement, prosecutors dropped the premeditated attempted murder charge, which would have carried a potential life sentence.

Velasquez had previously spent more than 250 days in jail and nearly two years on house arrest with GPS monitoring. During this time, he also received outpatient treatment for suspected CTE (chronic traumatic encephalopathy), a brain condition linked to repeated head trauma—common among combat sports athletes.

Santa Clara County prosecutors emphasized the danger posed by Velasquez’s actions, noting that bullets were fired near a school as students were leaving for the day. According to investigators, phone searches recovered from Velasquez’s device included phrases like “sexual assault case where victims’ family retaliates.”

The Target of the Shooting

Harry Goularte, now 46, is still awaiting trial on a felony charge of lewd acts with a minor. He has pleaded not guiltyand is currently out of custody on supervised release with GPS monitoring, despite objections from the district attorney’s office. Goularte’s trial is set to begin on June 2, 2025.

Velasquez’s attorneys argued that he had acted out of extreme emotional distress after learning that Goularte had allegedly molested his child “hundreds of times.” The defense also cited Velasquez’s clean criminal record, status as a decorated athlete, and history of community involvement.

Background of Cain Velasquez

Velasquez is a former two-time UFC heavyweight champion, winning titles in 2010 and 2012. He retired from mixed martial arts in 2019 and briefly signed with WWE, where he performed until being released in 2020.

He has long been regarded as a respected figure in the combat sports world and had no prior criminal history before the 2022 shooting. Following his arrest, numerous figures from the MMA community—including UFC leadership—publicly supported Velasquez and submitted letters to the court on his behalf.

On March 24, 2025, a Santa Clara County judge sentenced Velasquez to five years in state prison, with 1,283 days of credit for time already served in jail and on house arrest.

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.

What Is the Difference Between Corporal Injury to a Spouse and Domestic Battery in California?

When comparing corporal injury vs. battery under California law, it’s crucial to understand how each charge is defined, what evidence is required, and what penalties may follow. Many accusations arise from highly emotional or complex personal situations, often leading to serious criminal charges. If you’re facing these accusations, consulting with an experienced Los Angeles domestic violence attorney can help you understand your options and build a strong defense. By gaining a clear understanding of what these charges entail, individuals can make informed decisions and work toward the best possible resolution.

Understanding Corporal Injury vs. Battery Charges

Corporal Injury to a Spouse (Penal Code 273.5 PC)

Corporal injury to a spouse is a felony offense in California that occurs when someone willfully inflicts a physical injuryon an intimate partner, resulting in a traumatic condition.

Key Elements

To be convicted under PC 273.5, the prosecution must prove:

1. The defendant willfully inflicted force on an intimate partner.
2. The force resulted in a traumatic condition (e.g., bruises, broken bones, or internal injuries).
3. The victim was an intimate partner, such as a spouse, cohabitant, dating partner, or co-parent.

A “traumatic condition” is any visible or internal injury caused by physical force, even if minor.

Domestic Battery (Penal Code 243(e)(1) PC)

Domestic battery is a misdemeanor offense that involves the unlawful and willful use of force or violence against an intimate partner.

Key Elements

To be convicted under PC 243(e)(1), the prosecution must prove:

1. The defendant willfully touched the victim in a harmful or offensive manner.
2. The victim was an intimate partner (same categories as under PC 273.5).
3. There is no requirement of visible injury.

This means that any unwanted physical contact (such as slapping, pushing, or grabbing) can qualify as domestic battery, even if no injury results.

Key Differences Between Corporal Injury and Domestic Battery

1. Injury Requirement
   • Corporal Injury (PC 273.5): Requires a traumatic condition (visible or internal injury).
   • Domestic Battery (PC 243(e)(1)): No injury is required; any unwanted physical contact suffices.
2. Charge Severity
   • Corporal Injury (PC 273.5): Can be charged as a felony or misdemeanor (wobbler offense).
   • Domestic Battery (PC 243(e)(1)): Always charged as a misdemeanor.
3. Potential Penalties
   • Corporal Injury (PC 273.5): Up to 4 years in state prison if charged as a felony.
   • Domestic Battery (PC 243(e)(1)): Maximum of 1 year in county jail.
4. Long-Term Consequences
   • Corporal Injury: Felony conviction can impact gun rights, immigration status, and employment.
   • Domestic Battery: Still serious but carries less severe long-term repercussions compared to a felony conviction.

Penalties for Each Offense

Corporal Injury to a Spouse (PC 273.5) Penalties

Since this is a wobbler offense, it can be charged as either a felony or a misdemeanor, depending on the severity of the injury and the defendant’s criminal history.

• Misdemeanor: Up to 1 year in county jail and/or a fine of up to $6,000.
• Felony: 2, 3, or 4 years in state prison and a fine of up to $6,000.
• If the defendant has a prior domestic violence conviction, penalties increase significantly, with potential imprisonment of 5 years.
• Additional consequences include a criminal protective order, mandatory domestic violence classes, and possible immigration consequences for non-citizens.

Domestic Battery (PC 243(e)(1)) Penalties

Since this is a misdemeanor only, the penalties are generally less severe:

• Up to 1 year in county jail.
• A fine of up to $2,000.
• Probation and mandatory domestic violence counseling.
• A criminal protective order prohibiting contact with the victim.
• Potential immigration consequences for non-citizens.

Defenses to Corporal Injury and Domestic Battery Charges

If you are charged with either offense, a Los Angeles criminal defense attorney can develop a strong legal defense. Common defenses include:

1. False Accusations – A partner may falsely accuse someone out of anger, jealousy, or a custody dispute.
2. Self-Defense – If the defendant acted in self-defense or defense of others, they might not be guilty.
3. Lack of Intent – If the contact was accidental and not willful, the charge may not stand.
4. No Traumatic Condition (for PC 273.5 cases) – If the alleged injury does not qualify as a traumatic condition, the charge could be reduced.
5. Insufficient Evidence – The prosecution must prove the case beyond a reasonable doubt, and weak or inconsistent evidence can lead to dismissal.

Contact a Los Angeles Criminal Defense Attorney for Domestic Violence Charges

Facing corporal injury or domestic battery charges under Penal Code 273.5 or 243(e)(1) can lead to severe consequences, including jail time, fines, and a lasting criminal record.

At The Law Offices of Arash Hashemi, our experienced Los Angeles criminal defense attorney has over 20 years of experience successfully defending clients against domestic violence charges. Attorney Hashemi understands how to:

• Examine the evidence for inconsistencies and weaknesses
• Challenge false allegations or exaggerated claims
• Present compelling defenses, including self-defense or lack of intent
• Negotiate with prosecutors to reduce or dismiss charges
• Advocate aggressively in court to protect your rights

Schedule a Free Consultation

📞 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 Bicycle DUI Laws: Can You Be Arrested for Riding Drunk?

Los Angeles is a bike-friendly city, with dedicated bike lanes and an increasing number of people choosing bicycles for transportation. Some believe that if they have been drinking, riding a bike instead of driving is a safer and legal alternative to avoid a DUI. Others assume that police officers won’t stop bicyclists for suspected intoxication the way they do with cars.

However, this is a dangerous misconception.

Under California Vehicle Code (VC) 21200.5, it is illegal to ride a bicycle while under the influence of alcohol or drugs. While the penalties for a bicycle DUI are not as severe as those for a motor vehicle DUI, a conviction can still result in fines, a misdemeanor charge, and potential jail time. Additionally, a bicycle DUI could appear on your criminal record, potentially affecting future background checks and legal matters.

If you have been arrested for a bicycle DUI in Los Angeles, it’s crucial to understand your rights and the legal defenses available. An experienced DUI attorney can review your case, challenge the evidence, and fight to minimize the consequences you face.

Understanding California’s Bicycle DUI Laws (VC 21200.5)

California law treats bicycles similarly to motor vehicles in many respects. Under VC 21200.5, it is unlawful for a person to ride a bicycle on a public road, bike path, or highway while under the influence of alcohol or drugs.

However, there are key differences between a bicycle DUI (VC 21200.5) and a regular DUI (VC 23152):

• Lower penalties – A bicycle DUI does not carry the same harsh penalties as a DUI in a motor vehicle.
• No driver’s license suspension – Unlike a regular DUI, a bicycle DUI conviction does not result in automatic license suspension.
• No standard BAC limit – While motor vehicle DUI laws set a legal blood alcohol concentration (BAC) limit of 0.08%, there is no specific BAC threshold for a bicycle DUI. Instead, an officer must determine whether you are impaired based on observations.

How Is a Bicycle DUI Different from a Car DUI?

While both offenses involve operating a mode of transportation while intoxicated, there are important differences:

Penalties for a Bicycle DUI in California

A bicycle DUI is a misdemeanor in California, but the penalties are less severe than a regular DUI. If convicted, you could face:

• A fine of up to $250
• Up to 90 days in county jail (although jail time is uncommon for first-time offenders)
• A misdemeanor conviction on your record

In some cases, a judge may require alcohol education classes or community service instead of jail time.

Can a Bicycle DUI Affect Your Driver’s License?

A bicycle DUI conviction does not automatically result in a driver’s license suspension, unlike a motor vehicle DUI. However, there are exceptions:

• If you are under 21, the court may impose a one-year driver’s license suspension as part of your sentencing.
• If you are on DUI probation for a prior motor vehicle DUI, a bicycle DUI arrest could lead to a DMV-imposed license revocation or other penalties.

While a bicycle DUI may not directly impact your driving privileges in most cases, it can still result in a criminal record and other legal consequences.

Defenses Against a Bicycle DUI Charge

• Lack of Intoxication – If there is no breathalyzer or blood test, the prosecution may rely only on an officer’s observations, which can be challenged.
• Improper Police Stop – If the officer lacked reasonable suspicion to stop you, the case could be dismissed.
• Not on a Public Roadway – VC 21200.5 applies to public roads and paths. If you were riding on private property, the law may not apply.
• No Proof of Impairment – Unlike a motor vehicle DUI, there is no specific BAC threshold for a bicycle DUI, making it harder for the prosecution to prove impairment.

Do You Need a Lawyer for a Bicycle DUI?

Although a bicycle DUI carries lighter penalties than a motor vehicle DUI, it is still a misdemeanor offense that can appear on your criminal record and affect future background checks. A DUI attorney can review the evidence and police report for any errors, such as inaccurate officer observations or improper testing procedures. They can also challenge the legality of the stop, especially if law enforcement lacked reasonable suspicion to detain you. In some cases, a lawyer may be able to negotiate for a reduced charge or even a dismissal to minimize the impact on your record. If your case goes to court, an experienced defense attorney can advise you on the best legal strategy and represent you during proceedings.

Frequently Asked Questions About Bicycle DUIs

Can you get a DUI for riding an electric bike (e-bike) in California?

Yes, you can. Under California Vehicle Code (VC) 21200.5, standard bicycles are subject to bicycle DUI laws. However, electric bikes (e-bikes) may fall under VC 23152, the DUI law for motor vehicles, depending on their classification:

• Class 1 & 2 e-bikes (pedal-assist up to 20 mph, throttle-driven up to 20 mph) are generally treated like regular bicycles.
• Class 3 e-bikes (pedal-assist up to 28 mph) and faster or modified e-bikes may be considered motorized vehicles, meaning standard DUI laws (VC 23152) could apply.

Can you refuse a breathalyzer for a bicycle DUI?

Yes, you can refuse, but it may still lead to an arrest. California’s implied consent law (VC 23612) applies only to motor vehicle drivers, not bicyclists. However, if an officer believes you are intoxicated while riding a bicycle, they can still arrest you based on observed impairment (e.g., slurred speech, unsteady balance). You may be asked to take a voluntary breath or blood test, but there is no legal penalty for refusing.

At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients against DUI charges. Attorney Hashemi knows how to identify weak evidence, challenge unlawful stops, and expose flaws in the prosecution’s case. Every DUI charge is unique, and a strong defense can make the difference between a conviction and a favorable outcome. Whether you were subjected to improper police procedures or there is insufficient proof of intoxication, we will fight to protect your rights.

Depending on the circumstances of your case, we may be able to negotiate a reduction in charges, seek a dismissal, or take your case to court to pursue the best possible result. The sooner you take action, the more options you may have for a strong defense.

Schedule a Free Consultation

📞 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.

Netflix Fraud Case: Hollywood Director Carl Erik Rinsch Indicted for Misusing $55M in Production Funds

LOS ANGELES, CA – March 18, 2025

Carl Erik Rinsch, a Hollywood writer-director best known for the film 47 Ronin, has been indicted on federal charges for allegedly defrauding Netflix out of $11 million. Prosecutors claim Rinsch misused the funds meant for a sci-fi series, White Horse, on cryptocurrency investments and extravagant personal purchases, including luxury cars, furniture, and high-end fashion.

Federal Charges and Allegations

The indictment, unsealed in New York, accuses Rinsch, 47, of wire fraud and money laundering in connection with a broader misuse of approximately $55 million in Netflix production funding. According to federal prosecutors, Netflix originally paid Rinsch $44 million to develop White Horse but later provided an additional $11 million after he requested more funds to complete the project.

Instead of using the money for production, prosecutors allege Rinsch transferred the funds into a personal brokerage account, making risky stock and cryptocurrency investments. When his investments initially turned profitable, Rinsch allegedly funneled the earnings into his personal bank account rather than Netflix or the production team.

Rinsch’s Alleged Misuse of Funds: Cryptocurrency, Luxury Cars, and Lawsuits

Federal prosecutors say that instead of completing White Horse, Rinsch redirected millions of dollars into speculative investments and lavish purchases. Initially, he transferred the additional $11 million to his brokerage account, where he lost nearly half within two months on failed stock and crypto trades.

Rather than returning the funds or resuming production, Rinsch allegedly used his profits for personal gain and legal disputes. Reports indicate that he spent $1 million suing Netflix for additional funds, despite already mismanaging the project’s budget.

Lavish Spending Spree: Inside Rinsch’s Alleged Fraudulent Purchases

Prosecutors claim Rinsch spent approximately $10 million on luxury items and personal expenses, including:

• $1.8 million to pay off personal credit card debt
• $1 million in legal fees to sue Netflix
• $3.7 million on furniture and antiques
• $2.4 million on five Rolls-Royces and a Ferrari
• $652,000 on designer clothing, watches, and accessories

Arrest and Court Appearance

On March 18, 2025, federal agents arrested Rinsch in West Hollywood, California. He was brought before a federal magistrate in Los Angeles, where he appeared in jeans and a turtleneck sweater, shackled at the wrists and ankles.

During the hearing, Rinsch acknowledged the charges but stated he had not read the indictment “cover to cover.” His attorney, Annie Carney, did not comment outside the courtroom but told the judge, “The allegations in this case are purely financial.”

The judge granted Rinsch’s release on a $100,000 bond under the condition that he appear for future court proceedings in New York, where the case was filed.

What Happens Next?

Rinsch faces serious federal charges that could result in decades of imprisonment if convicted. The case underscores growing scrutiny over financial fraud in Hollywood, particularly involving streaming services and production deals.

Federal prosecutors have stated that more details about the White Horse deal, Rinsch’s financial transactions, and his legal battle with Netflix will emerge as the case progresses.

Rinsch’s next court date in New York has not yet been set.

The information provided in this article is for informational purposes only and does not constitute legal advice. All defendants are presumed innocent until proven guilty in a court of law.

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.

Los Angeles Gang Leader and Music Executive Eugene Henley Faces RICO Charges

LOS ANGELES, CA – Federal prosecutors have charged Eugene “Big U” Henley, a longtime figure in Los Angeles gang culture and the entertainment industry, with racketeering and multiple violent crimes. Henley, 58, is accused of leading a criminal enterprise that engaged in murder, extortion, human trafficking, fraud, and illegal gambling.

The indictment, unsealed on March 19, 2025, charges Henley under the Racketeer Influenced and Corrupt Organizations (RICO) Act. Two of his alleged associates, Sylvester Robinson, 59 (aka “Vey”), and Mark Martin, 50 (aka “Bear Claw”), were arrested and face similar charges. Henley, however, remains a fugitive.

RICO Indictment: How Eugene ‘Big U’ Henley’s Alleged Criminal Empire Fell

Prosecutors allege that Henley operated a “mafia-like” criminal organization known as the “Big U Enterprise,” using his long-standing ties to the Rollin’ 60s Neighborhood Crips to control criminal activities across Los Angeles.

Key Allegations:

• Murder: Henley is accused of kidnapping and killing aspiring rapper Rayshawn Williams in January 2021 in Las Vegas, Nevada. Authorities allege that after Williams recorded a diss song about Henley, he was lured to a recording session, abducted, and fatally shot in the desert.
• Extortion: Prosecutors claim that celebrities, athletes, and business owners were forced to “check in” with Henley when entering Los Angeles and pay him for “protection.” NBA players and recording artists were among the alleged victims.
• Fraud: Henley allegedly embezzled funds from his nonprofit organization, Developing Options, which claimed to provide community outreach and gang prevention services. Instead, authorities say the organization was used as a front to launder money.
• COVID-19 Relief Fraud: The indictment states that Henley fraudulently applied for pandemic relief loans by inflating financial records of his company, Uneek Music, which actually operated at a loss.
• Human Trafficking & Robbery: The criminal enterprise is accused of trafficking and exploiting sex workers, as well as orchestrating armed robberies, including a 2021 marijuana dispensary heist in Los Angeles.

Las Vegas Murder: Allegations That Henley Killed a Rapper Over a Diss Track

One of the most serious allegations in the case is the 2021 murder of 21-year-old rapper Rayshawn Williams. According to investigators:

• Williams was signed to Henley’s record label, Uneek Music.
• In January 2021, Uneek Music paid for Williams to travel from Los Angeles to Las Vegas to record music.
• Instead of recording as planned, Williams recorded a diss track about Henley.
• Feeling disrespected, Henley and Robinson drove to Las Vegas to confront him.
• On January 24, 2021, Henley allegedly forced Williams into a vehicle, drove him to the desert, shot him in the face, and left his body in a ditch near Interstate 15.
• After the murder, Henley allegedly erased security footage at the recording studio and warned witnesses to remain silent.

Williams’ body was found on January 25, 2021, with multiple gunshot wounds. Authorities later linked Henley’s phone records and DNA evidence to the crime scene.

Mass Arrests & FBI Manhunt: The Nationwide Crackdown on Henley’s Network

The FBI’s Los Angeles Metropolitan Task Force on Violent Gangs worked with multiple agencies, including the IRS and LAPD, to build the case.

• March 18-19, 2025: 10 members and associates of the Rollin’ 60s were arrested in a multi-agency raid.
• 4 additional suspects were already in custody from previous arrests.
• 5 suspects remain at large, including Henley.

Authorities describe Henley as a fugitive and have launched a manhunt to locate him.

What’s at Stake? Potential Life Sentences for Henley and His Associates

• Eugene Henley: If convicted, Henley faces life in federal prison.
• Sylvester Robinson & Mark Martin: Both men face up to 20 years in prison if convicted on RICO charges.

From Music Mogul to Fugitive: How the Industry Reacted to Henley’s Indictment

Henley, known as a former gang leader turned music executive and community activist, has been a prominent figure in Los Angeles for decades. He has worked with major hip-hop artists and was featured in “Hip Hop Uncovered,” a documentary about street culture’s influence on rap music.

However, prosecutors allege that Henley used his reputation to conceal violent crimes, intimidate witnesses, and defraud businesses and donors. Federal officials say that despite presenting himself as an advocate for at-risk youth, Henley continued to engage in serious criminal activities behind the scenes.

FBI Search Continues: Where Is Eugene ‘Big U’ Henley Now?

• Henley remains a wanted fugitive. Federal authorities urge anyone with information on his whereabouts to contact the FBI.
• Robinson and Martin are scheduled to appear in U.S. District Court in Los Angeles.
• Prosecutors are expected to seek the maximum penalties under federal RICO statutes.

All defendants are presumed innocent until proven guilty in a court of law. Criminal complaints and indictments contain allegations that must be proven beyond a reasonable doubt.

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 632 PC – Eavesdropping

Under Penal Code 632, it is illegal to intentionally record or eavesdrop on a confidential communication without the consent of all parties involved. This law is part of California’s strict two-party consent rule, which means that both individuals in a private conversation must agree to being recorded.

What Qualifies as Eavesdropping?

A person may be charged under PC 632 if they:

• Use an electronic device (such as a phone, microphone, or hidden recorder) to secretly record a conversation.
• Listen in on a private conversation without permission, even if they are not part of it.
• Record a conversation where at least one person had a reasonable expectation of privacy.

Examples of Eavesdropping

• Secretly recording a business meeting without informing all participants.
• Using a phone recording app to capture a private conversation.
• Placing a hidden microphone in someone’s office or home.
• Listening in on a private phone call without permission.

Note: The law applies to both in-person and electronic communications, including phone calls, video chats, and other digital conversations.

How Prosecutors Prove an Eavesdropping Charge

To convict someone of eavesdropping under PC 632, the prosecution must prove:

1. The defendant intentionally recorded, listened to, or intercepted a confidential conversation.
2. The conversation was confidential, meaning at least one person had a reasonable expectation of privacy.
3. The defendant did not have consent from all parties involved in the conversation.

Key Evidence Prosecutors May Use:

• The recording itself (if recovered by law enforcement).
• Witness testimony from individuals who were recorded without consent.
• Phone or electronic records showing unauthorized recordings.

Is Eavesdropping a Felony or Misdemeanor in California?

Eavesdropping is a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony, depending on the case details.

Factors That Affect the Severity of Charges:

• Whether the defendant has prior convictions for eavesdropping or similar crimes.
• Who was recorded (e.g., government officials, law enforcement, or business executives).
• If the recording was used for financial gain, blackmail, or extortion.

Legal Penalties for Violating Penal Code 632 PC

• Criminal fines: Up to $10,000 for felony convictions.
• Jail or prison time: Up to 3 years in a state prison.
• Civil lawsuits: Victims of unlawful recordings can sue for monetary damages.
• Professional consequences: Those in law, finance, or government positions may lose professional licenses.

Are There Any Legal Exceptions to Eavesdropping Laws?

Certain situations are not considered illegal eavesdropping under California law:

✅ Consent from all parties – If all participants agree to the recording, it is not a crime.
✅ Public conversations – If a conversation occurs in a public setting where there is no expectation of privacy, recording may be legal.
✅ Law enforcement exceptions – Police officers conducting authorized wiretaps or surveillance with a warrant are exempt.
✅ Employer monitoring – Businesses may legally monitor employee communications if employees are aware.

Related Offenses to Penal Code 632 PC

Several other California laws deal with invasion of privacy and electronic surveillance:

• California Penal Code 631 PC – Wiretapping
• California Penal Code 637 PC – Intercepting Cell Phone Communications
• California Penal Code 647(j) PC – Invasion of Privacy

Defenses to Eavesdropping Charges

An experienced criminal defense attorney may be able to challenge the prosecution’s case by questioning whether the conversation was truly confidential. If the conversation took place in a public setting or where others could overhear, there may not have been a reasonable expectation of privacy, which is required for a conviction. Additionally, if all parties involved gave consent to the recording, either explicitly or implicitly, the charges may not hold.

Other defenses may focus on the intent behind the recording. If the recording was made accidentally or without any intent to eavesdrop, this could undermine the prosecution’s case. In some instances, the accused may have been under the mistaken belief that recording was legally permitted, especially in situations where law enforcement or business policies regarding monitoring communications were unclear.

There may also be constitutional challenges, particularly if law enforcement obtained evidence through an unlawful search and seizure. If the recording was acquired without a proper warrant or through other violations of privacy rights, the defense may argue that the evidence should be excluded, weakening the case against the defendant.

Contact a Los Angeles Criminal Defense Attorney for Eavesdropping Charges

A conviction under California Penal Code 632 PC for eavesdropping or unlawfully recording a conversation can lead to criminal penalties, fines, and even jail time. Violations of California’s two-party consent law can result in serious legal consequences, including felony charges in certain cases.

At The Law Offices of Arash Hashemi, our Los Angeles criminal defense attorney has successfully defended clients against eavesdropping and wiretapping charges. With over 20 years of experience, Attorney Hashemi understands how to challenge weak evidence, expose illegal police surveillance, and fight for case dismissals or reduced charges.

If you are facing eavesdropping charges, our firm will:

• Examine the evidence and identify legal weaknesses
• Challenge the prosecution’s interpretation of consent laws
• Negotiate with prosecutors for reduced charges or case dismissal
• Build a strong defense strategy to protect your rights

Schedule a Free Consultation

📞 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 Penal Code 653.23 PC – Supervising or Aiding Prostitution

How California Law Defines Supervising or Assisting Prostitution

Under Penal Code 653.23 PC, it is a crime to knowingly supervise, direct, or assist another person in engaging in prostitution. This law is designed to target individuals who facilitate or benefit from prostitution without necessarily engaging in it themselves.

Common activities that could lead to a charge include:

• Acting as a lookout for a person engaged in prostitution
• Collecting or managing prostitution earnings
• Transporting individuals to engage in prostitution
• Repeatedly approaching and speaking to individuals involved in prostitution

Unlike pimping (PC 266h) or pandering (PC 266i), this law does not require proof of financial gain but rather focuses on aiding or supervising prostitution-related activities.

How Prosecutors Prove Supervising or Aiding Prostitution Charges

To secure a conviction under Penal Code 653.23, the prosecution must prove the following elements:

1. The defendant knowingly assisted, supervised, or directed another person engaged in prostitution.
2. The defendant’s actions were intentional and contributed to the prostitution activity.
3. The defendant had repeated interactions with individuals engaged in or seeking prostitution services.

Evidence used in these cases often includes:

• Surveillance footage or undercover operations
• Witness statements
• Phone records or financial transactions
• Prior arrests or suspected involvement in prostitution-related activities

Penalties for Violating Penal Code 653.23

A violation of PC 653.23 is a misdemeanor offense in California. Possible penalties include:

• Jail Time: Up to six months in county jail
• Fines: Up to $1,000
• Probation: Informal probation with possible mandatory counseling or community service
• Criminal Record: A conviction may appear on background checks, impacting employment and immigration status

If additional crimes such as human trafficking (PC 236.1) or pimping (PC 266h) are involved, the defendant could face felony charges with much harsher penalties.

Related Offenses to Supervising or Aiding Prostitution

Several California laws are related to PC 653.23 and may be charged alongside or instead of it:

• California Penal Code 647(b) – Prostitution & solicitation
• California Penal Code 266h – Pimping
• California Penal Code 266i – Pandering
• California Penal Code 236.1 – Human trafficking

Is Supervising or Aiding Prostitution a Felony or Misdemeanor in California?

Violating Penal Code 653.23 is typically charged as a misdemeanor. However, in certain cases, prosecutors may attempt to elevate charges based on additional offenses:

If the case involves coercion, force, or minors, charges can be severely enhanced, leading to felony convictions with significant prison time.

Legal Defenses Against PC 653.23 Charges

Lack of Knowledge

If the defendant was unaware that the person was engaged in prostitution, they cannot be convicted under this statute.

No Active Participation

Simply being present in an area associated with prostitution or knowing someone involved does not automatically mean someone is guilty of aiding or supervising prostitution.

False Accusations

Prostitution-related charges are often based on misinterpretations or misleading evidence. Defendants may be wrongfully accused due to mistaken identity or false statements from law enforcement or informants.

Entrapment

If law enforcement coerced or pressured the defendant into committing an act they would not have otherwise engaged in, it may constitute entrapment, which is a valid legal defense.

Contact a Los Angeles Criminal Defense Attorney for PC 653.23 Charges

At The Law Offices of Arash Hashemi, we have successfully defended clients against prostitution-related offenses in Los Angeles and throughout California. Attorney Hashemi has over 20 years of experience handling complex criminal cases and knows how to challenge weak evidence, expose law enforcement errors, and negotiate with prosecutors to seek charge reductions or case dismissals.

If you are facing charges under Penal Code 653.23, Attorney Hashemi will:

• Analyze the prosecution’s evidence for inconsistencies and legal weaknesses.
• Challenge police tactics, including entrapment and unlawful arrests.
• Negotiate with prosecutors to minimize or dismiss the charges.
• Develop a strong legal defense to protect your rights and future.

Schedule a Free Consultation

📞 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.

Penal Code 641.3 PC – Commercial Bribery – California Law

In California, commercial bribery is a felony or misdemeanor offense that can cost you your career, reputation, and freedom. Prosecutors aggressively pursue bribery cases, even if no financial harm occurs. If you’re under investigation or have been charged under Penal Code 641.3 PC, you need to act fast to protect your future.

Under California Penal Code 641.3 PC, an employee commits commercial bribery when they accept money, gifts, or anything of value in exchange for using their position to benefit the bribe giver—without their employer’s consent. Even if no financial harm occurs, prosecutors can still charge commercial bribery as a misdemeanor or felony, depending on the bribe amount. If you are facing commercial bribery charges in Los Angeles, you need an experienced Los Angeles criminal defense attorney to protect your rights and build a strong defense.

What Is Commercial Bribery Under California Law?

Under Penal Code 641.3, commercial bribery occurs when:

• An employee or agent accepts, solicits, or agrees to accept money or something of value.
• The transaction occurs without the employer’s knowledge or consent.
• The bribe is given in exchange for influencing business decisions to benefit the bribe giver.

Both the bribe giver and the employee accepting the bribe can be charged, even if no money actually changes hands.

Key Legal Points from Penal Code 641.3:

• The bribe can be money, gifts, services, or any item of value.
• The employee must use their position to benefit the bribe giver.
• The employer must be unaware of the transaction.
• Both the employee and the bribe giver can be charged.
• If the bribe is $250 or less, the law does not apply.

Examples of Commercial Bribery

• A purchasing manager accepts cash from a vendor in exchange for awarding them a contract.
• A sales executive takes an expensive gift from a client in return for insider pricing.
• A nightclub promoter pays a hotel concierge under the table to direct customers to their venue.

The key factor is that the employer was unaware and did not authorize the transaction

Who Can Be Charged with Commercial Bribery?

Both the employee accepting the bribe and the person offering the bribe can face charges. The law applies to:

✔ Employees who accept or solicit bribes to provide unfair business advantages.
✔ Vendors, contractors, or clients who offer money or gifts to secure business deals.
✔ Executives or managers involved in secret kickback arrangements.

Example: If a purchasing manager at a Los Angeles construction company accepts $5,000 in cash from a vendor in exchange for awarding them a contract, both the manager and the vendor could be prosecuted for commercial bribery under PC 641.3.

Penalties for Violating PC 641.3 – Misdemeanor vs. Felony

The severity of a commercial bribery charge depends on the value of the bribe:

• Bribe of $1,000 or less → Misdemeanor

  • Up to 1 year in county jail
  • A fine of up to $1,000
  • Probation and possible restitution

• Bribe over $1,000 → Felony

  • 16 months, 2 years, or 3 years in state prison
  • A fine of up to $10,000
  • Permanent felony record and employment consequences
  • Potential loss of professional licenses and employment opportunities

Elements the Prosecution Must Prove

To convict someone of commercial bribery, the prosecution must establish the following beyond a reasonable doubt:

1. The defendant was employed by or acting as an agent for a business.
2. The defendant accepted, solicited, or agreed to accept a bribe.
3. The bribe was intended to improperly influence their employer’s business decisions.
4. The transaction occurred without the employer’s knowledge or approval.
5. The value of the bribe determines whether the charge is a misdemeanor or felony.

Notably, the prosecution does not need to prove that the bribe actually influenced a business decision—just that there was an agreement or intent to do so.

Common Defenses Against Commercial Bribery Charges

• Lack of Intent – If there was no agreement or intent to engage in bribery, the charge may not hold.
• No Employer Relationship – If the accused was not an employee or agent, PC 641.3 may not apply.
• Employer’s Consent – If the employer approved or was aware of the transaction, it may not qualify as bribery.
• Entrapment – If law enforcement pressured or coerced the defendant into accepting a bribe, it could be a valid defense.
• Insufficient Evidence – If the prosecution lacks concrete proof of a bribery agreement, the case could be dismissed.

Can Employers Be Liable for Bribery in California?

Yes, employers can face legal consequences if they:

• Encourage or ignore bribery practices in their company.
• Fail to report known bribery incidents.
• Engage in bribery schemes themselves.

How to Expunge a Commercial Bribery Conviction in California

If you have a conviction for Penal Code 641.3, you may be eligible for an expungement under California Penal Code 1203.4. Expungement can:

✅ Remove the conviction from most background checks.
✅ Allow you to legally state you have not been convicted in most job applications.
✅ Help restore your reputation and career opportunities.

To qualify, you must:

• Complete your sentence, including probation.
• Not have any new criminal charges pending.
• File a petition with the court and attend a hearing if required.

A Los Angeles criminal defense attorney can handle the expungement process and increase your chances of approval.

Contact a Los Angeles Criminal Defense Attorney

If you are facing commercial bribery charges under Penal Code 641.3, you need an experienced defense lawyer on your side. A conviction can mean jail time, heavy fines, and a permanent criminal record—but just because you’ve been accused doesn’t mean you’re guilty.

At The Law Offices of Arash Hashemi, Attorney Hashemi understands the complexities of white-collar crime cases and know how to build a strong defense against bribery allegations. Our Los Angeles criminal defense attorney can:

✔ Examine the prosecution’s evidence for weaknesses – If the case against you lacks solid proof or was built on illegal investigative tactics, we will challenge it.
✔ Negotiate for reduced charges or a dismissal – In many cases, we can get charges reduced to lesser offenses or even dismissed entirely.
✔ Argue for alternative sentencing to keep you out of jail – If a conviction is unavoidable, we fight for probation, fines, or diversion programs instead of incarceration.
✔ Protect your rights and reputation throughout the case – A bribery charge can destroy your career, business relationships, and personal life—we work aggressively to safeguard your future.

Schedule a Free Consultation

📞 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.

Siblings Arrested for Murder of Cerritos Businessman at Park

CERRITOS, CA – Two suspects have been arrested in connection with the fatal shooting of 66-year-old businessman Cuauhtémoc Garcia, who was gunned down in broad daylight while on his daily walk at Don Knabe Community Regional Park.

Arrests Made Following Police Pursuit

Authorities have identified the suspects as John Chong Uk Moon, 54, and Cindy Kim, 58, who are siblings. Investigators with the Los Angeles County Sheriff’s Department (LASD) allege that Garcia was targeted in the attack, though a clear motive has yet to be determined.

The arrests came after law enforcement received a tip identifying the pair from surveillance images that were released following the February 25 shooting. Detectives linked the suspects to a silver Toyota Prius and issued an alert to local law enforcement agencies. On March 11, Fullerton police located the vehicle, leading to a high-speed pursuit that ended in a crash in Anaheim. Both Moon and Kim were taken into custody at the scene.

The case is now being presented to the Los Angeles County District Attorney’s Office, where prosecutors will determine the formal charges against the suspects.

The Fatal Shooting at Don Knabe Park

The deadly incident occurred around 12:30 p.m. on February 25, 2025, at Coyote Creek Riverbed, near Carmenita Road in Cerritos.

Garcia, a well-known businessman, father of two, and husband of nearly three decades, was taking his routine walk along the bike path when he was approached by two individuals. Witnesses reported hearing multiple gunshots moments later. Authorities quickly ruled out robbery as a motive, stating that Garcia appeared to have been deliberately targeted.

Ongoing Investigation & Legal Proceedings

Investigators continue to work on uncovering the circumstances that led to Garcia’s killing. As of now, no connection between the suspects and the victim has been publicly disclosed.

Moon and Kim remain in police custody, awaiting their first court appearance, where they are expected to be formally charged. If convicted, they could face severe penalties, including life in prison.

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 236 PC – False Imprisonment

What is False Imprisonment Under California Penal Code 236 PC?

False imprisonment is a criminal offense in California that occurs when a person intentionally restrains, detains, or confines another individual against their will without legal authority. Under California Penal Code 236 PC, this act is considered a violation of the victim’s personal liberty and can be prosecuted as either a misdemeanor or a felony, depending on the circumstances.

A conviction may result in jail time, fines, probation, and a permanent criminal record, which can have long-term consequences. If you are facing charges under this statute, consulting with a Los Angeles criminal defense attorney is essential to protecting your rights and building a strong defense.

How is False Imprisonment Different from Kidnapping?

False imprisonment and kidnapping (Penal Code 207 PC) are separate offenses under California law. While both involve restricting a person’s freedom, there are key differences:

When Can You Be Charged With False Imprisonment in California?

To be convicted of false imprisonment under Penal Code 236 PC, the prosecution must prove the following elements:

✔ Intentional Restraint – The defendant knowingly restrained, detained, or confined the victim.
✔ Lack of Consent – The victim did not agree to be restrained.
✔ Unlawful Action – The act was done without legal justification (e.g., it was not a lawful arrest).

False imprisonment does not require physical force. It can be committed through:

• Threats or intimidation
• Deception or fraud
• Blocking exits or preventing movement

A person can face felony charges if the act involved violence, menace, fraud, or deceit.

Penalties for Violating California Penal Code 236 PC

Misdemeanor False Imprisonment

A misdemeanor charge applies when false imprisonment occurs without violence or threats.

• Up to 1 year in county jail
• A fine of up to $1,000
• Misdemeanor probation

Felony False Imprisonment

A felony charge applies when false imprisonment involves force, violence, menace, fraud, or deceit.

• 16 months, 2 years, or 3 years in state prison
• A fine of up to $10,000
• Felony probation
• Potential “Three Strikes” law implications if related to a violent crime

A felony conviction can lead to long-term consequences, including difficulty finding employment, loss of professional licenses, and loss of firearm rights.

Legal Defenses Against False Imprisonment Charges

If you have been accused of false imprisonment, several defense strategies may be used to challenge the charges:

Lack of Intent – The restraint was accidental or misunderstood.
Consent – The alleged victim willingly stayed and was not forced.
Lawful Authority – The act was legally justified, such as a store owner detaining a shoplifter.
False Accusations – The allegations are fabricated or exaggerated.
Self-Defense – The restraint was necessary to protect yourself or others from harm.

Can You Go to Jail for False Imprisonment?

Yes, a conviction for false imprisonment under Penal Code 236 PC can result in jail or prison time, depending on whether the offense is charged as a misdemeanor or felony. If the offense involved domestic violence, child endangerment, or human trafficking, the penalties can be even more severe.

Being accused of false imprisonment can have serious consequences, including jail time, steep fines, and a lasting criminal record. Prosecutors take these cases seriously, and if the charges involve force, threats, or domestic violence, the penalties can be even more severe. A conviction could impact your job, reputation, and personal freedom.

At The Law Offices of Arash Hashemi, we know how to fight back against weak evidence, false accusations, and unlawful arrests. With over 20 years of experience, Attorney Hashemi has helped clients get charges reduced, dismissed, or avoided altogether. The sooner you take action, the better your chances of building a strong defense.

Don’t wait to protect your rights. If our Los Angeles criminal attorney gets involved early, we may be able to negotiate with prosecutors before charges are even filed or work to reduce the penalties you’re facing.

Schedule a Free Consultation

📞 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 Penal Code 21810 PC – Possession of Brass Knuckles

California Penal Code 21810 PC states:
“Anyone who manufactures or causes to be manufactured, imports into the state, keeps for sale or offers for sale, or who gives, lends, or possesses any metal knuckles is punishable by imprisonment in a county jail not exceeding one year.”

This law makes it illegal to own, sell, or distribute brass knuckles in any form, including those made of metal, plastic, resin, or composite materials. Unlike some weapons that may be carried legally with a permit, brass knuckles are entirely banned in California due to their classification as dangerous weapons.

Many people unknowingly violate Penal Code 21810 by purchasing brass knuckles online, inheriting them, or carrying them for self-defense. However, California does not allow exceptions for personal protection, meaning even possession without intent to use can lead to criminal charges. Depending on the circumstances, a violation of this law can be prosecuted as either a misdemeanor or a felony, carrying potential jail time and significant penalties.

A violation of this law can be charged as either a misdemeanor or a felony, depending on the specifics of the case. Below, we break down the legal definitions, penalties, and possible defenses for possession of brass knuckles in California.

What is Possession of Brass Knuckles Under California Penal Code 21810 PC?

Simply having brass knuckles in your possession is against the law in California under Penal Code 21810 PC, making it illegal to:

• Manufacture, import, sell, or give away brass knuckles
• Possess brass knuckles in any form, including metal, plastic, or composite materials
• Carry brass knuckles in public or private spaces, including vehicles and homes

Unlike other weapons, brass knuckles are completely prohibited in California, meaning even simple possession is illegal, regardless of whether the item was used, brandished, or intended for self-defense.

Many people unknowingly violate this law by purchasing brass knuckles in another state or ordering them online, only to realize later that possession is a crime in California. If law enforcement finds brass knuckles in your possession, you could face arrest and criminal charges for possession of brass knuckles.

Are Brass Knuckles Illegal in California?

Yes, brass knuckles are illegal in California and are classified as prohibited weapons under state law. Unlike some weapons that may be carried legally with a permit, brass knuckles are banned entirely, regardless of their intended use. This restriction applies to all types, including those made from:

• Metal
• Plastic
• Resin or other composite materials

Even decorative or novelty versions fall under this ban. Simply owning, selling, or carrying brass knuckles—whether for self-defense or collection—can lead to criminal charges, regardless of intent.

When Can You Be Charged With Possession of Brass Knuckles?

To convict someone under Penal Code 21810 PC, prosecutors must prove the following elements:

1. The defendant possessed brass knuckles – This can mean carrying them on your person, keeping them in a car, or storing them in a home or business.
2. The item met the legal definition of brass knuckles – The prosecution must prove the object was designed to fit over the knuckles and enhance striking power.
3. The defendant knowingly possessed the brass knuckles – If the person was unaware they had brass knuckles in their possession, this could be a valid defense.

Common Situations Leading to Charges:

• Carrying brass knuckles for self-defense
• Transporting brass knuckles across state lines
• Purchasing brass knuckles online and receiving them in California
• Possessing brass knuckles as a novelty or collector’s item

Because intent to use is not required, simply having brass knuckles in your possession can result in criminal charges.

Penalties for Possessing Brass Knuckles in California

A conviction for possessing brass knuckles can lead to serious legal consequences, ranging from misdemeanor penalties to felony charges, depending on the specifics of the case. The prosecution will consider factors such as prior criminal history, whether other illegal weapons were involved, and if the brass knuckles were used in connection with another crime.

Misdemeanor Penalties

If charged as a misdemeanor, a conviction may result in:

• Up to one year in county jail
• A fine of up to $1,000
• Misdemeanor probation

Felony Penalties

In cases where aggravating factors are present, such as prior felony convictions, possession of multiple illegal weapons, or involvement in another crime, prosecutors may pursue felony charges under Penal Code 21810. A felony conviction can lead to:

• 16 months, two years, or three years in state prison
• A fine of up to $10,000
• Formal probation, depending on the circumstances of the case

Additional Consequences

• A permanent criminal record
• Difficulty obtaining employment or housing
• Loss of firearm rights in California

Are There Any Exceptions to California’s Brass Knuckles Laws?

California law strictly prohibits the personal possession of brass knuckles, but there are a few limited exceptions. Law enforcement officers may legally possess them if required for official duties. In some cases, antique collectors or museums may be allowed to keep brass knuckles for display purposes, provided they have proper authorization. Additionally, if a person temporarily possesses brass knuckles solely to dispose of them and is caught before doing so, a legal defense may be possible. However, even in these situations, failing to comply with the law’s requirements can still lead to criminal charges.

Brass Knuckles & Self-Defense: What You Need to Know

Many people assume brass knuckles are a legal self-defense weapon, but this is not true in California. Using brass knuckles in a self-defense situation can lead to:

• Criminal charges for possession and use
• Additional assault or battery charges
• Severe legal consequences, including felony charges

Legal Alternatives for Self-Defense in California:

• Pepper spray – Legal for adults when used in self-defense
• Personal alarms – A loud deterrent for attackers
• Stun guns – Allowed with restrictions in California

If you are looking for legal self-defense options, brass knuckles are not permitted under state law.

Legal Defenses Against Brass Knuckles Possession Charges

• Lack of Knowledge – If you were unaware that the item was in your possession, you may not be guilty under the law.
• The Item Was Not Brass Knuckles – Some objects resemble brass knuckles but do not meet the legal definition.
• Illegal Search & Seizure – If law enforcement violated your Fourth Amendment rights when discovering the brass knuckles, the evidence may be inadmissible.
• No Possession – If the brass knuckles were found in a shared space, such as a home or vehicle, the prosecution must prove you had control over the item.

Charged With Possession of Brass Knuckles? Contact a Los Angeles Criminal Defense Attorney

If you have been accused of possessing brass knuckles in Los Angeles, acting quickly can make all the difference in your case. Law enforcement and prosecutors take weapon possession charges seriously, often pushing for the harshest penalties available. However, many of these cases involve misunderstandings, unlawful searches, or lack of intent, which can be strong grounds for dismissal or reduction of charges.

At The Law Offices of Arash Hashemi, we know that early intervention is key. If our firm is retained before formal charges are filed, Attorney Hashemi may be able to negotiate with law enforcement and prosecutors to prevent your case from moving forward—a result known as a DA reject (declining to prosecute). If charges have already been filed, we will work aggressively to challenge the evidence, negotiate reduced penalties, or pursue a complete dismissal. Contact our Los Angeles criminal defense attorney today for a free consultation and let us start building your defense.

Schedule a Free Consultation

📞 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.

Can You Face Assault Charges Without Physical Contact?

Yes, you can be charged with assault in California even if you never physically touched anyone. Under California Penal Code 240, assault is defined as an unlawful attempt, coupled with the present ability, to commit a violent injury on another person. The law does not require actual physical contact—only that someone attempted to use force or violence against another person and had the ability to carry it out.

This is where many people misunderstand how assault charges work. Unlike battery (Penal Code 242), which involves actual physical contact, assault is based on intent and actions rather than the outcome. If prosecutors can prove that you attempted to use force, even if you didn’t succeed, you could still face criminal charges.

How Can Someone Be Charged Without Making Physical Contact?

Because California law focuses on the attempt to use force, there are many scenarios where a person could be charged with assault without ever touching the alleged victim. Some common examples include:

• Swinging a fist at someone but missing – Even if the punch never connects, if there was an attempt to strike someone and the physical ability to do so, this could qualify as assault.
• Throwing an object at someone – If you throw a rock, bottle, or any object in a way that could harm another person, you could be charged with assault, even if it doesn’t hit them.
• Raising a fist or making a sudden aggressive movement – If a person makes a threatening gesture, such as pulling their arm back as if to punch someone, and it appears they intend to follow through, this may be considered assault if they had the ability to actually strike.
• Threatening someone while holding a weapon – If someone points a knife, gun, or other weapon at another person in a threatening way, even without using it, this could be charged as assault.

What Does “Present Ability” Mean in an Assault Case?

One key element of assault under Penal Code 240 is the requirement that the accused had the “present ability” to carry out the attempted violence. This means that simply making a verbal threat is not enough to be charged with assault unless the person also took some action that suggested they could immediately follow through.

For example, if someone angrily tells another person, “I’m going to punch you,” but does not move toward them or raise a fist, that would not be considered assault. However, if that same person clenches their fist, pulls their arm back, and moves aggressively toward the other person, prosecutors could argue that they had both the intent and present ability to cause harm—leading to an assault charge.

Misdemeanor vs. Felony Assault Charges

The severity of an assault charge depends on the circumstances of the case, whether a weapon was involved, and the identity of the alleged victim. In California, assault can be charged as either a misdemeanor or a felony, depending on the details:

• Simple Assault (PC 240) – Misdemeanor charge, punishable by up to six months in county jail and a $1,000 fine.
• Assault with a Deadly Weapon (PC 245(a)(1)) – A more serious charge that can be either a misdemeanor or a felony, depending on the weapon used and the extent of the threat. A felony conviction can lead to up to four years in prison.
• Assault on a Public Official (PC 217.1) – Assault against a judge, police officer, firefighter, or other protected official can result in harsher penalties.

How an Attorney Can Fight an Assault Charge

Since assault charges do not require physical contact, they are often based on subjective claims and interpretations of events. This means that false accusations, misunderstandings, or exaggerations can lead to criminal charges that may not be justified. A strong legal defense can challenge the prosecution’s claims and potentially lead to charges being reduced or dismissed.

Common defenses against assault charges include:

• No Attempt to Use Force – The accused never actually made a threatening movement or action that could be interpreted as an attempt to harm.
• Lack of Present Ability – If the accused was too far away or physically unable to carry out the alleged assault, they cannot be convicted under Penal Code 240.
• Self-Defense – If the accused’s actions were in response to an immediate threat to their safety, self-defense may justify their behavior.
• False Accusations or Misinterpretation – Sometimes, people exaggerate situations or falsely accuse someone out of anger or revenge.

Speak with a Los Angeles Criminal Defense Attorney About Your Assault Case

Facing an assault charge—even if no physical contact occurred—can result in serious legal consequences, including jail time, fines, and a permanent criminal record that can impact your job, housing, and future opportunities. Assault charges in California are often based on subjective claims, and a strong legal defense can make all the difference in your case.

With over 20 years of experience, Attorney Hashemi has successfully defended clients facing assault charges in Los Angeles. Whether you are dealing with false accusations, a misunderstanding, or acted in self-defense, our firm will fight to protect your rights, challenge the prosecution’s case, and pursue the best possible outcome. Contact us today for a free consultation to discuss your defense options.

Schedule a Free Consultation

📞 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.

Investigation into Alleged Payroll Fraud at CSULB

LONG BEACH, CA – Two employees of California State University, Long Beach (CSULB) have been charged with grand theft and conspiracy after allegedly stealing $36,560 from the university’s Athletics Department through fraudulent payroll submissions.

Oscar Perez Almanza, 39, and Hender Noe Maxwell, 38,, are accused of submitting false timesheets between January and December 2022, certifying hundreds of hours of work that were never performed. Prosecutors allege that Almanza, who worked as a field supervisor, knowingly approved the fraudulent timesheets submitted by Maxwell, a former grounds worker. Once Maxwell received the payments, he allegedly split the stolen money with Almanza.

Both men were formally charged with one felony count of conspiracy to commit grand theft and one felony count of grand theft under California Penal Code 182(a)(1) and Penal Code 487(a) (Case No. 25CJCF01062). The charges include allegations that the offenses involved planning, sophistication, and professionalism and caused significant financial damage to the university.

Details of the Case

The investigation, led by the California State University Long Beach Police Department, uncovered the scheme after discrepancies were found in payroll records. Prosecutors say that even after Maxwell left his position at CSULB, he continued to submit timesheets for work he never performed. Almanza, still employed as a supervisor, allegedly approved the fraudulent records despite knowing Maxwell was no longer working for the department.

District Attorney Nathan J. Hochman condemned the alleged theft, emphasizing the impact of financial misconduct in public institutions.

“I am appalled at the brazen acts of criminality allegedly committed by employees of California State University, Long Beach, an institution that depends on public funding and public trust,” Hochman said. “Stealing from California’s venerated public university system steals from taxpayers and the thousands of students who rely on the university for affordable tuition and educational and career opportunities.”

Legal Proceedings and Potential Sentences

Both defendants pleaded not guilty at their March 3, 2025 arraignment. The court released them on their own recognizance, with the condition that they relinquish their passports while awaiting trial. They are scheduled to return to court on April 14, 2025, at the Central Arraignment Courthouse, Dept. 83, for preliminary hearing setting.

If convicted on all charges, Almanza and Maxwell each face up to three years in county jail. In addition to criminal penalties, they could be ordered to pay restitution to CSULB for the stolen funds.

CSULB has not released an official statement regarding the charges but is expected to review its financial oversight policies following the incident.

The charges filed in this case are allegations. The defendants are presumed innocent unless and until proven guilty in a court of law.

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.

How Much Cocaine Can You Possess Before It Becomes a Felony in California?

In California, possessing a small amount of cocaine for personal use is generally charged as a misdemeanor under Health and Safety Code 11350(a). However, the amount of cocaine, the circumstances of the arrest, and a person’s criminal history can all affect whether the charge remains a misdemeanor or escalates to a felony.

When Is Cocaine Possession Charged as a Misdemeanor in California?

Under Proposition 47, passed in 2014, simple possession of cocaine for personal use is charged as a misdemeanor in most cases. This applies if:

• The amount of cocaine is for personal use (typically less than a gram or two)
• The defendant does not have a serious prior conviction, such as certain violent felonies or sex offenses

A misdemeanor possession conviction carries penalties of:

• Up to one year in county jail
• Fines up to $1,000
• Probation, drug treatment, or diversion programs (in some cases, charges can be dismissed upon successful completion)

When Can Cocaine Possession Be a Felony?

• The defendant has certain prior serious convictions, including murder, rape, or violent felonies under California’s Three Strikes Law
• The amount of cocaine is large enough to suggest intent to sell rather than personal use
• The defendant was caught in a restricted area, such as near a school or playground

A felony possession charge can lead to:

• Up to three years in county jail
• Higher fines
• Mandatory drug treatment programs

Possession for Sale vs. Simple Possession

If police believe that the amount of cocaine in possession is too large for personal use or that there is evidence of drug dealing—such as packaging materials, scales, large amounts of cash, or communications suggesting sales—the charge could be elevated to possession for sale under Health and Safety Code 11351.

Possession for sale is always a felony and carries:

• Two to four years in county jail
• Fines up to $20,000
• No eligibility for drug diversion programs

Can You Avoid Jail for a Cocaine Possession Misdemeanor?

Yes, it is possible to avoid jail for a misdemeanor cocaine possession charge, especially for first-time offenders. California offers drug diversion programs, such as Penal Code 1000 pretrial diversion and Proposition 36, which focus on rehabilitation rather than punishment. These programs allow eligible individuals to complete drug treatment instead of serving jail time. If the program is successfully completed, the charges can be dismissed, preventing a permanent criminal record. However, eligibility depends on the circumstances of the case, including prior criminal history and whether the offense involved simple possession rather than intent to sell.

What to Do If You’re Charged with Cocaine Possession

If you’ve been arrested for cocaine possession, do not plead guilty without speaking to a criminal defense lawyer. A skilled attorney may be able to:

• Get charges reduced or dismissed
• Argue for drug diversion instead of jail
• Challenge the legality of the search and seizure (if police violated your rights)

Contact a Los Angeles Criminal Defense Attorney for Cocaine Possession Charges

A cocaine possession charge, even as a misdemeanor, can have lasting consequences on your record, employment, and future opportunities. A conviction could result in jail time, fines, and a permanent criminal record that affects housing, professional licenses, and more. However, many first-time offenders may qualify for diversion programs that can lead to case dismissal.

With over 20 years of experience, Attorney Hashemi has successfully defended clients facing drug charges in Los Angeles. Our firm will assess your case, challenge the prosecution’s evidence, and fight for the best possible outcome—whether through dismissal, reduced charges, or alternative sentencing. Contact us today for a free, confidential consultation to discuss your legal options.

Schedule a Free Consultation

📞 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.

Should You Hire a Criminal Lawyer Before Pleading Guilty?

If you’ve been charged with a crime in California and are thinking about pleading guilty, you might wonder whether hiring a criminal defense lawyer is necessary. The short answer is yes—absolutely. Even if you believe you are guilty, pleading guilty without legal representation can have serious and lasting consequences. A skilled criminal defense attorney can protect your rights, negotiate for a better outcome, and ensure you fully understand what pleading guilty means for your future.

The Risks of Pleading Guilty Without a Lawyer

Pleading guilty is not just about admitting fault—it is a legal decision that can carry long-term consequences, including jail time, fines, probation, and a permanent criminal record. Here’s why having a lawyer is critical, even if you plan to plead guilty:

A Criminal Lawyer Can Negotiate a Better Deal

Many criminal cases end in plea bargains, but without an attorney, you have no way of knowing if the deal you’re offered is fair. Without an attorney advocating for you, you could end up serving a harsher sentence than necessary. Prosecutors often push for the harshest penalties—but an experienced lawyer can negotiate for:

• Reduced charges (e.g., pleading guilty to a lesser offense)
• Lighter sentencing (e.g., probation instead of jail)
• Alternative sentencing (e.g., diversion programs that could result in dismissed charges)

You May Have Stronger Legal Defenses Than You Realize

Even if you believe you’re guilty, you may have legal defenses that could get your charges dismissed or reduced. Prosecutors must prove every element of a crime beyond a reasonable doubt, and a defense lawyer can identify weaknesses in the case against you.

For example, your lawyer may find that:

• The police violated your rights (e.g., illegal search, improper arrest, or failure to read Miranda rights)
• The prosecution lacks solid evidence (e.g., unreliable witnesses, missing evidence, or weak forensic proof)
• There are mitigating circumstances that could reduce your charges

Without legal counsel, you may unknowingly plead guilty to a crime that the prosecution couldn’t even prove in court.

You Need to Understand the Consequences of Pleading Guilty

A criminal defense lawyer will ensure that you fully understand the short- and long-term effects of your plea before you make a decision. A guilty plea is not just about serving a sentence—it can impact your life in ways you may not expect, including:

• Criminal Record – A conviction stays on your record, affecting job opportunities, housing, and professional licenses.
• Immigration Consequences – If you are a non-citizen, pleading guilty to certain crimes could lead to deportation or visa denial.
• Loss of Rights – A guilty plea in felony cases can result in loss of gun rights, voting rights, and other legal privileges.

Judges Are More Likely to Accept a Negotiated Plea from an Attorney

In many cases, judges prefer plea deals that have been negotiated by a defense lawyer and the prosecution because they know that both sides have carefully weighed the legal arguments. When a defendant pleads guilty without legal counsel, the judge may ask additional questions to confirm that they truly understand their rights—and may even reject the plea if they believe the defendant is uninformed.

Can a Lawyer Help If I’ve Already Decided to Plead Guilty?

Yes. Even if you’ve already made up your mind, a criminal lawyer can:

• Ensure your plea agreement is fair and negotiate better terms if possible
• Make sure you are not overcharged (many defendants plead guilty to harsher crimes than necessary)
• Advocate for the lightest possible sentence based on your circumstances
• Protect your rights throughout the legal process to prevent unfair treatment

What Happens If You Plead Guilty Without a Lawyer?

If you plead guilty without an attorney, you give up your right to fight the charges and accept whatever punishment the court hands down. You will likely face:

• The maximum penalties the judge decides to impose
• Little to no room for negotiation on sentencing
• A permanent criminal record that cannot be undone

In many cases, defendants who plead guilty too quickly later regret their decision when they realize a lawyer could have reduced their charges or helped them avoid jail time.

Contact a Los Angeles Criminal Defense Lawyer Before Pleading Guilty

Pleading guilty might seem like the easiest way to resolve your case, but it can lead to serious consequences, including jail time, fines, and a permanent criminal record. Even if you believe you are guilty, an experienced Los Angeles criminal defense attorney can review your case, negotiate for a reduced charge, and help you avoid unnecessary penalties.

With over 20 years of experience, Attorney Hashemi has successfully defended clients facing serious criminal charges. He will analyze the prosecution’s case, identify weaknesses, and fight to secure the best possible outcome—whether that means negotiating a lighter sentence, alternative sentencing, or even getting the charges dismissed.

Do not make a decision that could impact your future without legal guidance. Contact our office today to discuss your case and understand your options before pleading guilty.

Schedule a Free Consultation

📞 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.

Many people use the terms assault and battery interchangeably, but under California law, they are two separate crimes with distinct legal definitions. The key difference is that assault is an attempt to use force or violence, while battery involves actual physical contact.

Understanding Assault Under California Law

Assault is covered under California Penal Code 240, which defines it as an unlawful attempt, with the present ability, to commit a violent injury on another person. The most important aspect of an assault charge is that physical contact does not have to occur—only an attempt to use force or violence.

For example, a person can be charged with assault if they:

• Throw a punch at someone but miss
• Swing an object in a threatening manner
• Raise a fist and move aggressively toward someone

As long as the accused intended to use force and had the ability to follow through, they could face an assault charge, even if no harm was actually done.

A simple assault charge is usually a misdemeanor in California, punishable by up to six months in jail and a fine of up to $1,000. However, if the alleged assault involved a deadly weapon or was directed at certain protected individuals (such as police officers, firefighters, or emergency responders), it could lead to more serious felony charges with harsher penalties.

Understanding Battery Under California Law

Battery, on the other hand, is defined under California Penal Code 242 as “any willful and unlawful use of force or violence upon another person.” Unlike assault, which only requires an attempt, battery involves actual physical contact.

The contact does not have to cause injury—any unwanted or offensive touching can be considered battery. This means that even a shove, slap, or throwing an object that makes contact with another person could lead to a battery charge.

Some examples of battery include:

• Punching or hitting someone
• Shoving or pushing someone in an argument
• Spitting on someone (considered offensive touching)
• Throwing an object at someone and making contact

Battery can be charged as either a misdemeanor or a felony, depending on the severity of the act. Simple battery is a misdemeanor, punishable by up to six months in jail and a $2,000 fine. However, if the victim suffers a serious injury, the charge could be elevated to felony battery (Penal Code 243(d)), which carries up to four years in state prison.

When Assault and Battery Are Charged Together

In many cases, a person may be charged with both assault and battery. This happens when someone attempts to use force (assault) and then follows through with physical contact (battery).

For example:

• A person throws a punch at someone’s face (assault). If the punch lands and makes contact, it becomes battery.
• Someone swings a bottle at another person’s head (assault). If the bottle actually hits the person, it is battery.

Since these are separate charges, a person could face penalties for both if convicted.

Legal Defenses to Assault and Battery Charges

• Self-defense or defense of others – If you acted to protect yourself or another person from immediate harm, this could be a legal defense.
• Lack of intent – If the contact was accidental and not intentional, it may not qualify as battery. Similarly, if there was no intent to use force, an assault charge may not hold up.
• False accusations – In some cases, people falsely accuse others of assault or battery out of anger, revenge, or misunderstanding. A strong defense can challenge these claims.
• Lack of present ability (for assault cases) – If the accused did not actually have the ability to carry out the threatened force, an assault charge may not apply.

Contact a Los Angeles Domestic Assault Defense Lawyer

Assault charges in California can carry severe legal and personal consequences, including jail time, fines, and a permanent criminal record. Even a misdemeanor conviction can affect employment opportunities, professional licenses, and future legal rights. A felony assault conviction can lead to years in prison and a strike under California’s Three Strikes Law.

With over 20 years of experience, Attorney Hashemi and our legal team at The Law Offices of Arash Hashemi have successfully defended clients against assault and battery charges. Our criminal defense attorney will analyze the evidence, challenge the prosecution’s case, and fight to get charges reduced or dismissed whenever possible. Contact our firm today for a free, confidential consultation to discuss your legal options and start building your defense.

Schedule a Free Consultation

📞 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.

Understanding Gang Affiliation in California Criminal Cases

In California, gang affiliation plays a significant role in many criminal cases and can lead to enhanced charges and harsher penalties under California Penal Code § 186.22, also known as the Street Terrorism Enforcement and Prevention (STEP) Act. Prosecutors frequently allege gang involvement to portray a defendant as more dangerous, justify increased sentencing, and strengthen their case. However, proving gang affiliation is not as simple as law enforcement claims—it requires meeting specific legal criteria, and these allegations can often be challenged with the right defense strategy.

To establish gang affiliation, prosecutors rely on circumstantial evidence, including tattoos, clothing, social media activity, and alleged participation in gang-related activities. They may also use gang databases, expert testimony, and prior criminal records to build their case. However, many of these methods are flawed, biased, or based on assumptions rather than solid proof. If you are facing gang-related charges, understanding how prosecutors attempt to prove affiliation—and how a skilled criminal defense attorney can challenge these claims—is essential to protecting your rights and securing the best possible outcome.

How Do Prosecutors Prove Gang Affiliation?

Proving Membership or Active Participation

To establish gang affiliation, prosecutors must show that the defendant is an active participant in a criminal street gang—defined as a group of three or more people with a common name, symbol, or sign, whose primary activities involve committing certain crimes. Evidence often used to support this claim includes:

✔ Gang Tattoos, Clothing, or Symbols – Law enforcement may argue that specific tattoos, colors, or hand signs indicate gang membership.
✔ Social Media Activity – Posts, photos, or messages referencing gang membership, rivalries, or criminal activities may be introduced as evidence.
✔ Witness Testimony – Statements from former gang members, confidential informants, or police officers with expertise in gang investigations.

However, mere association with gang members does not prove participation. A strong defense can challenge weak or circumstantial evidence, highlighting lack of direct involvement in gang-related crimes.

Linking the Crime to Gang Activity

Beyond proving membership, prosecutors must also show that the alleged crime was committed for the benefit of, at the direction of, or in association with a gang. This means that the offense was not just an independent act but was:

✔ Carried out to promote or enhance the gang’s reputation.
✔ Ordered by gang leadership or coordinated with other gang members.
✔ Committed in retaliation against a rival gang or to gain status within the gang.

For example, an assault committed against a rival gang member or graffiti marking a gang’s territory could be classified as gang-related crimes, leading to enhanced penalties.

Establishing a Pattern of Criminal Gang Activity

Prosecutors must prove that the gang itself has a history of criminal activity—a “pattern of criminal gang activity”—which requires evidence that the gang has engaged in at least two qualifying crimes within a specific time frame. These crimes may include:

✔ Drug trafficking
✔ Robbery
✔ Assault with a deadly weapon
✔ Murder or attempted murder

To support this claim, prosecutors often reference past convictions of other alleged gang members, even if those individuals are not connected to the defendant’s case. A skilled defense attorney can challenge the validity of this evidence and argue that the prosecution is unfairly applying guilt by association.

What Evidence Do Prosecutors Use to Prove Gang Affiliation?

One of the primary tools used by the prosecution is expert testimony from gang specialists—typically law enforcement officers—who claim to have extensive knowledge of gang culture. These experts analyze the gang’s structure, hierarchy, and activities, often interpreting tattoos, hand signs, or colors as indicators of membership. While their testimony carries weight in court, it is often based on opinion rather than concrete facts, which a skilled defense attorney can dispute.

Social media evidence has become increasingly common in gang-related prosecutions. Posts, photos, and messages from platforms like Facebook, Instagram, or Snapchat that reference gang names, slang, or criminal activity may be used to argue gang affiliation. Prosecutors may claim that a defendant’s online interactions, including tagging locations associated with a gang or appearing in photos with known gang members, prove involvement. However, this evidence can be misleading or taken out of context, as individuals may post or share content without actively participating in a gang’s activities.

Witness statements also play a key role in these cases. Prosecutors often rely on testimony from former gang members, informants, or cooperating witnesses who claim to have firsthand knowledge of the defendant’s involvement. However, these testimonies are often motivated by plea deals, leniency in their own cases, or personal bias, making them unreliable. A strong defense strategy involves cross-examining these witnesses to expose inconsistencies or ulterior motives.

Finally, physical evidence such as graffiti, clothing, weapons, or items found during searches can be presented as proof of gang affiliation. For example, prosecutors may argue that a defendant’s possession of red or blue clothing aligns with known gang colors. However, owning certain colors, symbols, or even being in a high-crime area does not automatically mean someone is an active gang member. A defense attorney can challenge the relevance and admissibility of such evidence, ensuring that the prosecution does not rely on stereotypes or assumptions to strengthen their case.

By carefully analyzing the prosecution’s evidence, a dedicated criminal defense attorney can expose flaws, biases, and exaggerations in their claims, helping to protect the accused from unfair or excessive charges.

How to Challenge Gang Affiliation Allegations

Prosecutors often rely on circumstantial evidence and expert testimony to establish gang affiliation, but these claims can be challenged with the right legal strategy. An experienced criminal defense attorney can dispute gang-related allegations by examining the prosecution’s evidence, exposing weaknesses, and presenting alternative explanations.

• Questioning the Validity of Gang Affiliation Evidence

  • Tattoos, clothing, or symbols may reflect cultural identity rather than gang membership.
  • Mere association with known gang members does not prove active participation in gang activities.
  • Prosecutors must demonstrate direct involvement in criminal acts, not just proximity to gang-affiliated individuals.

• Cross-Examining Gang Experts & Challenging Their Testimony

  • Law enforcement gang experts often rely on subjective analysis, which can be challenged in court.
  • Defense attorneys can expose inconsistencies, outdated information, or bias in their conclusions.
  • Expert opinions must be based on verifiable evidence, not assumptions about a defendant’s background.

• Proving There Was No Gang-Related Motive

  • The alleged crime may have been committed for personal reasons unrelated to gang activity.
  • Prosecutors must prove that the offense was committed to benefit or promote a gang.
  • If there is no clear connection between the defendant’s actions and gang-related objectives, the charges may be reduced or dismissed.

• Demonstrating Lack of Active Participation

  • Living in a high-crime neighborhood or associating with gang members does not equate to gang involvement.
  • Evidence such as employment records, school attendance, or community involvement can help disprove allegations of active gang participation.
  • A strong legal defense can highlight the lack of concrete proof connecting the defendant to ongoing gang activities.

Protect Your Future – Contact a Los Angeles Criminal Defense Attorney

A gang-related conviction in California can lead to harsher penalties, extended prison sentences, and life-changing legal consequences. Prosecutors often push for sentencing enhancements under Penal Code 186.22, which can add years to a prison sentence and count as a strike under California’s Three Strikes Law. Fighting these charges requires a strategic and aggressive defense.

At The Law Offices of Arash Hashemi, we know how prosecutors build gang cases and the flaws that often exist in their evidence. Attorney Hashemi has successfully defended clients by challenging unreliable testimony, disputing law enforcement’s assumptions, and proving a lack of gang involvement. Whether through negotiating a reduced charge or fighting for a case dismissal, we work tirelessly to protect our clients’ rights and futures.

If you are facing gang-related charges, early legal intervention is key. Contact our Los Angeles criminal defense attorney today for a free consultation to discuss your defense strategy.

Schedule a Free Consultation

📞 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.

First-Time DUI in California – Plea Bargain Options & How to Reduce Charges

If you have been arrested for a first-time DUI in Los Angeles, you may be concerned about the potential consequences and whether you can avoid a conviction or reduce the penalties. In many cases, prosecutors offer plea bargains to resolve DUI cases without going to trial. However, not all plea deals are fair, and some may still lead to a criminal record, increased insurance rates, or restrictions on your driving privileges.

Understanding how plea negotiations work and what options may be available to you is crucial in minimizing the impact of a DUI charge. A well-negotiated plea bargain can sometimes reduce the charge to a lesser offense, helping you avoid harsh penalties such as jail time, high fines, and a lengthy license suspension.

At The Law Offices of Arash Hashemi, our Los Angeles DUI attorney has over 20 years of experience successfully handling DUI cases. We work diligently to challenge weak evidence, negotiate favorable plea agreements, and explore every legal option to protect our clients’ futures. If you are facing a DUI charge, contact us today for a free consultation to discuss your best defense strategy.

What Is a Plea Bargain in a DUI Case?

A plea bargain is a negotiated agreement between the defense and the prosecution in which the defendant agrees to plead guilty or no contest to a lesser charge in exchange for reduced penalties. This allows the case to be resolved without going to trial, often resulting in a more favorable outcome for the defendant.

How Plea Bargains Work for a First DUI in California

For a first-time DUI in California, a plea deal can sometimes reduce the charge to a lesser offense, which may help you:

• Avoid a DUI conviction on your criminal record.
• Reduce or eliminate jail time.
• Lower fines and court fees.
• Minimize or avoid a driver’s license suspension.

Benefits and Risks of Accepting a DUI Plea Deal

While a plea bargain can be a good option, accepting the wrong deal can have long-term consequences, including higher insurance rates and a criminal record that affects employment opportunities. That’s why it’s essential to have an experienced DUI defense attorney review your case and negotiate the best possible outcome on your behalf.

Common Plea Bargain Options for First-Time DUI Offenders

Wet Reckless (Vehicle Code 23103.5 VC) – A Lesser DUI Charge

A wet reckless is a plea bargain option that allows a defendant to plead guilty to reckless driving involving alcohol instead of a DUI. While this charge still acknowledges alcohol involvement, it carries less severe penalties than a standard DUI conviction. One of the primary benefits of a wet reckless plea is that it does not trigger an automatic license suspension—although the DMV may impose one separately. Additionally, it often results in lower fines, a shorter probation period, and reduced jail time compared to a DUI.

However, accepting a wet reckless plea comes with drawbacks. If you are arrested for another DUI within 10 years, this charge will be treated as a prior DUI, leading to harsher penalties for future offenses. Additionally, a wet reckless conviction may still impact insurance rates and background checks, potentially affecting employment opportunities.

A wet reckless plea can be a strategic option when the prosecution’s case has weaknesses, but they are unwilling to dismiss the charges entirely. An experienced DUI defense attorney can evaluate whether this plea deal is in your best interest and negotiate for the most favorable outcome.

Dry Reckless (Vehicle Code 23103 VC) – No DUI Mentioned

A dry reckless is a non-alcohol-related reckless driving charge that serves as a favorable alternative to a DUI conviction. Unlike a wet reckless, this plea deal does not involve any admission of alcohol use, which can significantly reduce the long-term consequences of a DUI charge. Because it is not classified as an alcohol-related offense, a dry reckless conviction avoids many of the penalties associated with a DUI, such as mandatory DUI school or ignition interlock device (IID) requirements. Additionally, it does not result in an automatic driver’s license suspension—though the DMV may still impose one separately.

A dry reckless plea also carries lower fines, a reduced probation period, and a lesser impact on employment background checks and insurance rates compared to a DUI. However, securing this plea bargain is more difficult, as prosecutors typically only offer it when the evidence against the defendant is weak or if there are legal issues with the arrest. While a dry reckless charge is still a misdemeanor and will appear on a criminal record, it is one of the most favorable plea deals available for DUI cases. Attorney Hashemi can review your case and determine if negotiating for a dry reckless is a viable strategy.

Exhibition of Speed (Vehicle Code 23109(c) VC) – A Traffic Offense Alternative

In some DUI cases, a charge reduction to exhibition of speed under Vehicle Code 23109(c) VC may be negotiated as part of a plea bargain. This offense involves driving at an unsafe speed to impress or show off, but it is not classified as an alcohol-related crime. Because of this, an exhibition of speed plea avoids the harsh penalties associated with a DUI, such as mandatory DUI school, license suspension, and an alcohol-related conviction on your record.

While this type of plea deal is rarely offered, it may be available if your blood alcohol concentration (BAC) was at or near the legal limit (0.08%), or if there were procedural issues with your arrest. Although it remains a misdemeanor offense, an exhibition of speed charge carries lower fines, no mandatory DUI programs, and does not automatically result in a license suspension. This makes it a far more favorable outcome than a DUI conviction.

Because securing an exhibition of speed plea is challenging, it is crucial to have an experienced defense attorney who can identify weaknesses in the prosecution’s case and advocate for the best possible resolution. If you are facing a first-time DUI charge in Los Angeles, Attorney Hashemi can assess whether this reduction is a viable option based on the circumstances of your arrest.

Dismissal or Reduction to an Infraction – When Is It Possible?

In some first-time DUI cases, it may be possible to get the charges dismissed or reduced to a minor traffic infraction. This is the best possible outcome, as it completely avoids the penalties of a DUI conviction, including fines, probation, license suspension, and increased insurance rates. However, prosecutors rarely agree to dismiss a DUI case unless there are significant weaknesses in the evidence.

A dismissal or reduction is more likely if:

• BAC test results were unreliable due to improper calibration, contamination, or errors in administration.
• Your constitutional rights were violated—such as being stopped without probable cause or being subjected to improper police procedures.
• There is no strong evidence of impairment, meaning the prosecution lacks the proof needed to convict you of DUI.

If your DUI case is dismissed, you face no conviction, no penalties, and no impact on your driving record or insurance rates. Even if a full dismissal is not possible, a reduction to an infraction—such as a basic traffic violation—is far preferable to a DUI conviction. Since prosecutors are often reluctant to dismiss or reduce DUI charges, having a skilled attorney who can challenge the prosecution’s evidence and expose weaknesses in their case is essential to securing the best possible outcome.

Should You Accept a Plea Deal for a First DUI?

Deciding whether to accept a plea bargain for a first-time DUI is not always straightforward. While plea deals can help avoid the risks of trial, not all offers from the prosecution are in your best interest. Prosecutors often push for quick resolutions, but accepting a deal too soon—without reviewing all legal options—could lead to unnecessary consequences.

Factors to Consider Before Accepting a Plea Bargain

Before agreeing to any plea bargain, it is important to assess whether the prosecution’s case is weak. If there are flaws in the evidence, such as inaccurate BAC test results, an unlawful traffic stop, or unreliable field sobriety tests, an attorney may be able to fight for a better deal or even a full case dismissal. Additionally, some first-time DUI offenders may qualify for alternative sentencing options, such as diversion programs or reduced penalties, which could help them avoid a conviction altogether.

Can You Get a Better Deal or a Case Dismissal?

Another important factor to consider is the long-term impact of a DUI conviction. Even pleading guilty to a reduced charge can negatively affect your employment, raise your insurance rates, and lead to restrictions on your driver’s license. Attorney Hashemi thoroughly evaluates each case, explores all available defenses, and negotiates aggressively to secure the best possible outcome. If taking the case to trial offers a better chance at success, our firm is fully prepared to fight for you in court.

Contact a Los Angeles DUI Defense Attorney Today

A first-time DUI charge in California can have serious consequences, including fines, probation, license suspension, and potential jail time. Navigating the legal process without experienced representation can put your future at risk. Attorney Hashemi has over 20 years of experience handling DUI cases, negotiating plea bargains, and fighting for the best possible outcome. Whether pursuing a case dismissal, charge reduction, or alternative sentencing, our firm provides strategic and aggressive defense to protect your rights.

At The Law Offices of Arash Hashemi, we take a personalized approach to DUI defense. Our criminal defense attorney carefully examines the details of your case, challenges unreliable evidence or procedural violations, and explores all available legal options. With a strong record of successful plea negotiations and trial defense, we are committed to minimizing the impact of a DUI charge and helping you move forward with confidence.

Schedule a Free DUI Consultation – Get Legal Help Now

📞 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.

Los Angeles Firearm Possession Defense Attorney – Fight Your Gun Charges

A firearm possession charge in Los Angeles is a serious offense that can lead to jail time, hefty fines, and a permanent criminal record—even for first-time offenders. California has some of the strictest gun laws in the country, and prosecutors aggressively pursue these cases, often filing charges under laws such as:

• Carrying a Concealed Firearm Without a Permit (Penal Code 25400 PC) – Making it illegal to carry a concealed firearm on your person or in a vehicle without a valid permit.
• Possession of a Firearm by a Prohibited Person (Penal Code 29800 PC) – Also known as California’s “Felon with a Firearm” law, which prohibits convicted felons and certain misdemeanor offenders from possessing firearms.
• Possession of an Unregistered Firearm (Penal Code 26500 PC) – Criminalizing the possession, sale, or transfer of firearms without proper registration.
• Possession of a Firearm While Committing a Crime (Penal Code 12022 PC) – Adding sentencing enhancements when a gun is involved in another crime, such as assault with a deadly weapon.

However, being charged does not mean you will be convicted. Many gun possession cases can be fought and won, especially if your rights were violated or the prosecution lacks strong evidence. The key to beating a firearm possession charge is having a strategic and aggressive legal defense. At The Law Offices of Arash Hashemi, we have successfully defended clients against firearm possession charges by exposing errors in police procedure, unlawful searches, and weak prosecution cases. Below, we explain the most effective legal strategies for beating a firearm possession charge in California.

Illegal Search and Seizure: Challenging How the Firearm Was Found

One of the most effective ways to get a firearm possession charge dismissed is to challenge how the police found the gun. Under the Fourth Amendment, law enforcement cannot search you, your vehicle, or your home without a valid reason. If officers conducted an illegal search—meaning they did not have a warrant, probable cause, or your consent—then any evidence they found, including the firearm, may be inadmissible in court. Without that evidence, the prosecution’s case could fall apart.

This defense is particularly powerful because many gun possession arrests stem from traffic stops and pat-down searches where officers cut corners or overstep their legal authority. If your attorney can prove that your rights were violated, the judge may suppress the evidence, meaning the firearm cannot be used against you.

For example, let’s say you were pulled over for a minor traffic violation, such as a broken taillight. The officer, without any reasonable suspicion that a crime was occurring, orders you out of the car and searches your vehicle—finding a firearm under the seat. Because there was no legal justification for the search, your attorney can file a motion to suppress the gun as evidence. If the motion is granted, the case may be dismissed entirely.

Challenging unlawful police searches is one of the strongest defenses in firearm possession cases. Our Los Angeles criminal defense attorney will carefully review police reports, body camera footage, and search procedures to identify constitutional violations that could lead to a dismissal of charges.

Lack of Possession: Proving the Firearm Wasn’t Yours

Simply being near a firearm does not automatically mean you were in possession of it. In many cases, prosecutors must prove that you knew the gun was there and had control over it. If they cannot establish this beyond a reasonable doubt, your case could be dismissed.

Possession charges often arise in situations where a firearm is found in a car, home, or shared space, leading to wrongful arrests. For example, if police stop a vehicle with multiple passengers and find a gun under the seat, who actually possessed the firearm becomes a critical question. Just because you were in the car does not mean the gun belonged to you or that you even knew it was there.

A strong legal defense would focus on lack of knowledge and control. Your attorney might argue:

• The firearm belonged to someone else in the car or home.
• There were no fingerprints, DNA, or other evidence linking you to the gun.
• The prosecution cannot prove you were aware of the firearm’s presence.

For instance, imagine you borrow a friend’s car, and during a routine stop, officers find a firearm in the glove compartment. If you had no knowledge that a gun was inside, your attorney can argue that you were not in possession of the firearm, making it difficult for the prosecution to secure a conviction.

This defense is especially effective when multiple people had access to the location where the firearm was found. Without clear proof that the gun was yours, the case against you may be too weak to proceed.

False Accusations or Wrongful Arrest: Exposing Mistakes and Misconduct

Not all firearm possession charges are based on solid evidence—false accusations, mistaken identity, and law enforcement misconduct can all lead to wrongful arrests. If you have been falsely accused or arrested without sufficient evidence, your attorney can challenge the credibility of the prosecution’s case and work toward getting the charges dropped.

False accusations often happen in cases involving disputes between family members, ex-partners, or roommates, where one person may claim you had a gun to hurt your reputation or get you in trouble. In other situations, an actual gun owner may shift the blame onto you to avoid legal consequences themselves.

Mistaken identity is another common issue, especially in police raids, traffic stops, or high-pressure situations where law enforcement assumes the wrong person possessed the firearm. If no fingerprints, DNA, or other direct evidence ties you to the gun, your attorney can argue that the prosecution cannot prove beyond a reasonable doubt that you were the one in possession.

Additionally, cases have arisen where police misconduct plays a role—officers may exaggerate their reports, misrepresent what happened, or even plant evidence in rare but serious instances. A strong defense strategy includes:

• Examining body camera footage and police reports for inconsistencies.
• Looking for witness statements that contradict the arresting officer’s version of events.
• Checking if law enforcement violated department protocols during the arrest.

For example, if someone falsely claims you had a gun in your home, but there’s no firearm registered to you, no forensic evidence linking you to it, and no credible witness testimony, your attorney can argue that the case is based on false accusations with no proof, leading to a possible dismissal.

Legally Owned Firearm: Proving You Were in Compliance with the Law

In some cases, people are arrested for firearm possession even when they were following the law. California has strict gun regulations, and misunderstandings, clerical errors, or law enforcement mistakes can lead to wrongful charges. If you were legally allowed to own the firearm and were in compliance with state laws, your attorney can argue that no crime was committed and work to have the case dismissed.

Many firearm possession charges stem from situations where a person:

• Legally owned the firearm but did not have their registration paperwork available at the time of the arrest.
• Was transporting the firearm properly, but police misinterpreted the law.
• Had a valid concealed carry permit (CCW), but officers failed to verify it before making the arrest.

For example, under California law, transporting a firearm is legal if it is unloaded, locked in a secure container, and stored in the trunk of a vehicle. If you were arrested despite following these regulations, your attorney can present evidence showing you were in compliance with the law. Similarly, if you had a valid CCW permit but police wrongfully arrested you for carrying a concealed firearm, your attorney can challenge the charges based on lawful possession.

Proving that you were legally in possession of the firearm is one of the strongest defenses in a gun case, and with the right legal strategy, it may lead to charges being dropped or dismissed entirely.

Challenge the Prosecution’s Evidence and Witness Credibility

Not every object that looks like a firearm is legally classified as one under California law. If the firearm in question was damaged, missing key components, or otherwise inoperable, your attorney may argue that it does not meet the legal definition of a functional firearm, which could weaken the prosecution’s case.

California law generally defines a firearm as a device designed to be used as a weapon that expels a projectile through the force of an explosion or combustion. However, if the gun:

• Lacked a firing pin or other essential parts that prevented it from firing.
• Was jammed, broken, or rendered permanently inoperable at the time of possession.
• Was a replica, airsoft gun, or BB gun, which do not meet California’s definition of a firearm.

Then it may not qualify as a firearm under state law, and the charges against you could be challenged.

For example, if you were arrested with an old, non-functional firearm that was missing critical components, your attorney could present expert testimony showing that it could not fire and was not a usable weapon. If the prosecution cannot prove that the firearm was operable or met the legal definition, the case may be dismissed.

Negotiating for Reduced Charges or Alternative Sentencing

If beating the firearm possession charge entirely is not possible, an experienced defense attorney may be able to negotiate a plea deal that avoids jail time and minimizes the long-term impact on your record. Prosecutors are sometimes willing to reduce charges or offer alternative sentencing options, especially for first-time offenders or cases where there were no aggravating factors (such as prior convictions or firearm use in a crime).

Depending on the circumstances, your attorney may be able to:

• Reduce a felony firearm charge to a misdemeanor, which significantly lowers the penalties.
• Negotiate probation instead of jail or prison time, allowing you to serve your sentence in the community.
• Qualify you for a diversion program, which can result in the charges being dismissed after completing certain conditions, such as gun safety courses or community service.

For example, if you were charged with felony possession of an unregistered firearm, your attorney might work out a deal where the charge is reduced to a misdemeanor with probation, avoiding jail time altogether. In some cases, after successful completion of probation, you may even be able to petition for an expungement, clearing the charge from your record.

While a plea deal may not always be the first option, it can be a strategic way to avoid the most serious penalties and keep a firearm conviction from permanently affecting your future.

How Our Criminal Defense Attorney Can Fight Firearm Possession Charges

✔ Analyze the details of your case to uncover procedural errors or constitutional violations.
✔ File motions to suppress evidence obtained through illegal searches or unlawful police conduct.
✔ Challenge weak or circumstantial evidence to expose flaws in the prosecution’s case.
✔ Negotiate for reduced charges, case dismissal, or alternative sentencing whenever possible.

Defending Against a Firearm Possession Charge in Los Angeles – Get the Legal Help You Need

A firearm possession charge in Los Angeles carries serious consequences, including jail time, fines, and a permanent criminal record. Prosecutors aggressively pursue gun-related offenses, often seeking the harshest penalties possible. However, being charged does not mean you will be convicted. A strong defense can challenge the legality of the search, the evidence against you, and whether you were actually in possession of the firearm.

At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients against firearm possession charges. Attorney Hashemi thoroughly reviews the details of your case, challenges any unlawful searches or violations of your rights, and fights to get charges reduced or dismissed. Whether through negotiation, pretrial motions, or aggressive trial defense, our Los Angeles criminal defense attorney is committed to securing the best possible outcome for you.

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.

Domestic Violence Criminal Court Process in Los Angeles

Being arrested for domestic violence in Los Angeles can be an overwhelming and confusing experience, especially for first-time offenders unfamiliar with the criminal justice system. The process moves quickly, and many people are unsure of what to expect or how to protect their rights. Law enforcement and prosecutors take domestic violence cases seriously, often moving forward with charges even if the alleged victim does not want to press charges. A domestic violence arrestcan lead to criminal charges, protective orders, and potential jail time, making it critical to understand the court process and your legal options.

At The Law Offices of Arash Hashemi, we have successfully defended clients facing domestic violence allegations by challenging weak evidence, exposing false accusations, and negotiating charge reductions or dismissals. We understand that these cases often arise from misunderstandings, emotional conflicts, or exaggerated claims. Below, we provide a step-by-step breakdown of the domestic violence court process in Los Angeles, so you know what to expect and how our firm can help fight for the best possible outcome

What Happens After a Domestic Violence Arrest in Los Angeles?

Most domestic violence cases begin when police respond to a 911 call. Even if the alleged victim does not want to press charges, California law requires officers to make an arrest if they believe there is probable cause that domestic violence occurred. Law enforcement takes these cases seriously, and in many situations, the decision to move forward with charges is entirely up to the prosecutor, not the alleged victim.

Steps After a Domestic Violence Arrest

• Booking and Processing – After the arrest, you will be taken to a local police station or county jail for fingerprinting, photographs, and processing. If you are held in custody, you will be assigned a booking number and remain in jail until bail is set or you are released.
• Bail Hearing or Release – Depending on the severity of the charge, you may be released on your own recognizance (OR), required to post bail, or held in custody until your arraignment. Some domestic violence charges have preset bail amounts, while others require a hearing before a judge.
• Case Review by Prosecutors – The Los Angeles City Attorney’s Office (for misdemeanors) or the Los Angeles County District Attorney’s Office (for felonies) will review the police report and any available evidence to decide whether to file formal charges. In some cases, the prosecutor may choose to reduce or reject the charges if the evidence is weak or lacks credibility.

If charges are filed, the domestic violence criminal court process officially begins, leading to the arraignment and pretrial hearings. At this stage, it is crucial to have a defense attorney who can challenge the evidence, argue for a dismissal, or negotiate for reduced charges before the case progresses further.

Will My Domestic Violence Case Be a Misdemeanor or Felony?

The severity of a domestic violence charge in Los Angeles depends on several factors, including the extent of the alleged victim’s injuries, whether a weapon was involved, prior criminal history, and the specific circumstances of the incident. Domestic violence offenses are considered “wobbler” crimes in California, meaning they can be charged as either a misdemeanor or a felony at the prosecutor’s discretion.

Misdemeanor Domestic Violence

A misdemeanor charge is typically filed when there are no visible injuries or when the alleged harm is considered minor. The most common misdemeanor charge is:

• Domestic Battery – California Penal Code 243(e)(1): This law applies to cases where there is unlawful force or violence against a spouse, cohabitant, dating partner, or co-parent, but no visible injury is present.

Felony Domestic Violence

A felony charge is more likely if there are visible injuries, bruising, or serious harm to the alleged victim. The most common felony charge is:

• Corporal Injury to a Spouse or Cohabitant – California Penal Code 273.5: This offense involves inflicting a physical injury that results in a traumatic condition, such as bruising, broken bones, or internal injuries.

Since prosecutors have discretion in deciding how to charge a case, a Los Angeles domestic violence defense attorney may be able to negotiate a reduction from a felony to a misdemeanor or work toward a complete dismissal of charges. Early intervention by a skilled attorney can be critical in achieving the best possible outcome.

What Happens at a Domestic Violence Arraignment?

The arraignment is the first court appearance after a domestic violence arrest in Los Angeles. During this hearing, the judge will formally announce the charges, and you will have the opportunity to enter a plea of guilty, not guilty, or no contest. The court may also impose bail conditions and issue a criminal protective order, which could restrict contact with the alleged victim.

Pleading Not Guilty

If you plead not guilty, your case will proceed to pretrial hearings, where your attorney can review the evidence, file motions, and negotiate with the prosecution. If no resolution is reached, the court may set a trial date. Pretrial hearings provide an opportunity to challenge weak evidence, argue for a dismissal, or negotiate a plea deal to a lesser offense.

Pleading Guilty or No Contest

If you choose to plead guilty or no contest, the judge may issue a sentence immediately or schedule a separate sentencing hearing. Sentencing can include jail time, probation, court-ordered counseling, fines, and mandatory domestic violence programs. The severity of the penalty depends on whether the charge is a misdemeanor or felony, any prior criminal history, and other aggravating factors.

Since the arraignment determines the direction of your case, Attorney Arash Hashemi can assess the charges, evaluate the evidence, and develop a strategy to challenge the prosecution’s case. With years of experience handling domestic violence cases, he can work to protect your rights, negotiate for reduced charges, or seek a case dismissal whenever possible.

Will a Protective Order Be Issued Against Me?

In most domestic violence cases, the judge will issue a Criminal Protective Order (CPO) at the arraignment to prevent further contact between the accused and the alleged victim. This order is meant to protect the alleged victim while the case is ongoing, but it can have serious consequences for the defendant.

Types of Restrictions in a Protective Order

A CPO may include:

• No Contact Order – Prohibits all communication with the alleged victim, including in-person contact, phone calls, texts, emails, and social media interactions.
• Stay-Away Order – Requires you to stay a certain distance away from the alleged victim’s home, workplace, or other locations.
• Residence Exclusion Order – Forces you to move out of a shared home, even if your name is on the lease or mortgage.

Modifying a Protective Order

If the alleged victim wants contact or does not feel a strict no-contact order is necessary, Attorney Hashemi can petition the court for a “peaceful contact” order, which allows communication as long as there is no harassment, threats, or violence. Courts may consider modifying the order under certain circumstances, especially if both parties request it.

Penalties for Violating a Protective Order

Violating a protective order is a criminal offense under California Penal Code 273.6 PC and can lead to additional misdemeanor or felony charges, with penalties including jail time, fines, and probation. If you have a protective order issued against you, it is crucial to comply with its terms and seek guidance from an experienced domestic violence attorney to explore legal options for modification or defense.

What Happens at a Pretrial Hearing in a Domestic Violence Case?

If you plead not guilty at your arraignment, your case will move to the pretrial phase, where your attorney will have the opportunity to review and challenge the prosecution’s evidence. This stage is crucial, as many domestic violence cases are resolved before ever reaching trial.

Key Defense Strategies at Pretrial Hearings

During the pretrial phase, your domestic violence attorney can:

• Challenge the evidence – This includes reviewing police reports, 911 call recordings, medical records, and witness statements for inconsistencies or weaknesses.
• File motions to suppress evidence – If any evidence was obtained through illegal searches, coerced statements, or violations of your rights, your attorney can request that it be excluded from the case.
• Negotiate with the prosecution – If the evidence is weak, your attorney may negotiate for a dismissal, charge reduction, or a plea deal with lesser penalties.

Potential Outcomes at a Pretrial Hearing

If the alleged victim refuses to testify, recants their statement, or there is insufficient evidence, the prosecution may be willing to:

• Dismiss the charges entirely due to lack of evidence.
• Offer a plea agreement to a lesser offense, such as disturbing the peace or simple battery, which carries fewer penalties.
• Reduce a felony charge to a misdemeanor, which can lower potential jail time and other long-term consequences.

If no resolution is reached during pretrial hearings, the case will proceed to trial, where the prosecution must prove beyond a reasonable doubt that a crime occurred.

What Happens If My Domestic Violence Case Goes to Trial?

If your domestic violence case goes to trial, the prosecution must prove beyond a reasonable doubt that you committed the alleged offense. Trials can be unpredictable, and both sides will present evidence, witnesses, and legal arguments to support their case. The jury (or judge in a bench trial) will ultimately decide whether you are guilty or not guilty.

Evidence the Prosecution May Use Against You

• The alleged victim’s testimony or previous statements if they refuse to testify.
• 911 call recordings that capture statements made at the time of the incident.
• Medical records, photos of injuries, or police body-cam footage documenting the alleged abuse.

How Your Defense Attorney Can Challenge the Case

• Cross-examining the alleged victim to expose inconsistencies, false accusations, or bias.
• Arguing self-defense, showing that any force used was necessary to protect yourself from harm.
• Challenging the lack of physical evidence, demonstrating that the prosecution’s case is based on weak or circumstantial evidence.

Possible Trial Outcomes

• Not Guilty Verdict – If the jury finds you not guilty, the case is dismissed, and no conviction appears on your record.
• Guilty Verdict – If convicted, the case moves to sentencing, where the judge determines the penalties, which may include jail time, probation, fines, or court-ordered counseling.

What Are the Penalties for Domestic Violence in Los Angeles?

Misdemeanor Penalties – Penal Code 243(e)(1) (Domestic Battery)

• Up to 1 year in county jail
• Fines up to $2,000
• A 52-week batterer’s intervention program (court-mandated counseling)
• Issuance of a restraining order preventing contact with the alleged victim
• Firearm restrictions, prohibiting gun ownership or possession

Felony Penalties – Penal Code 273.5 (Corporal Injury to a Spouse or Cohabitant)

• 2, 3, or 4 years in state prison
• Fines up to $10,000
• Formal probation with mandatory counseling
• A permanent criminal record, which can impact employment and housing opportunities

Long-Term Consequences of a Domestic Violence Conviction

• Employment difficulties, as many employers conduct background checks
• Immigration consequences, including deportation for non-citizens
• Loss of child custody or visitation rights, as courts consider domestic violence in family law cases

Can a Domestic Violence Charge Be Dismissed?

Yes, many domestic violence charges can be dismissed depending on the circumstances of the case. Prosecutors must prove beyond a reasonable doubt that a crime occurred, and if the evidence is weak or unreliable, the case may not hold up in court.

A domestic violence charge may be dismissed if:

• The alleged victim recants their statement – If the victim changes their story or refuses to cooperate, the prosecution may lack the evidence needed to continue the case.
• Insufficient evidence to prove guilt – Without medical reports, physical injuries, credible witness testimony, or supporting evidence, the case may be dismissed for lack of proof.
• Violation of constitutional rights – If the police conducted an unlawful arrest, coerced a statement, or violated search and seizure laws, key evidence may be thrown out, weakening the prosecution’s case.
• Self-defense – If you were protecting yourself from harm, your attorney can argue justifiable self-defense, potentially leading to a case dismissal or charge reduction.

Even if the alleged victim wants to drop the charges, the prosecutor can still move forward with the case. This is why having an experienced domestic violence attorney is crucial to building a strong defense and fighting for a dismissal whenever possible

Contact a Los Angeles Domestic Violence Attorney to Discuss Your Case

The domestic violence criminal court process in Los Angeles can be complex, and navigating it without experienced legal representation puts you at a serious disadvantage. If you have been arrested for domestic violence, it is crucial to consult with a Los Angeles domestic violence attorney as soon as possible to review the details of your case.

With over 20 years of experience, Attorney Hashemi carefully analyzes the evidence, police reports, and witness statements to identify weaknesses in the prosecution’s case. Whether through pretrial negotiations, filing motions to dismiss, or aggressively defending you at trial, he works to secure the best possible outcome. We offer a free consultation to discuss your case, answer your questions, and provide guidance on the best defense strategy. Early intervention is key—contact us today to start building your defense.

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.

Understanding California Search and Seizure Laws

The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures, meaning law enforcement cannot search your home, vehicle, or person without legal justification. However, police often push legal boundaries, and many people unknowingly allow searches without understanding their rights.

If law enforcement violates search and seizure laws, any evidence they obtain could be thrown out in court—which can weaken or even dismiss a criminal case. Understanding when police can legally conduct a search and what to do if your rights are violated is critical to protecting yourself in any criminal investigation.

If you believe you were the victim of an illegal search and seizure in Los Angeles, contact The Law Offices of Arash Hashemi today. With over 20 years of experience, Attorney Hashemi has successfully defended clients by challenging unlawful searches, filing motions to suppress evidence, and fighting for case dismissals.

What Is Search and Seizure in California?

Search and seizure refers to the process by which law enforcement investigates a person, property, or vehicle to gather evidence of a crime. Under both federal and California law, searches must follow strict legal guidelines to protect individuals from government overreach. If police violate these rules, any evidence obtained may be inadmissible in court.

Understanding the Fourth Amendment

The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures. This means law enforcement generally needs a valid search warrant based on probable cause before conducting a search. However, there are exceptions that allow officers to search without a warrant under specific circumstances. California law provides similar protections, ensuring that searches and seizures are conducted lawfully and with just cause.

When Can Police Legally Conduct a Search?

• With a valid search warrant – A judge issues a warrant based on probable cause, specifying the place to be searched and the items to be seized.
• With consent – If a person voluntarily agrees to a search, police do not need a warrant. However, consent must be freely given and not coerced.
• During a lawful arrest – Police may search a person and their immediate surroundings after making an arrest.
• If evidence is in plain view – Officers can seize evidence without a warrant if it is clearly visible and they are lawfully present.
• Under exigent circumstances – If police believe waiting for a warrant would lead to evidence being destroyed or pose a danger to public safety, they may conduct an immediate search.
• With probable cause in a vehicle search – Unlike homes, vehicles have fewer privacy protections. If officers have probable cause to believe a car contains evidence of a crime, they can search it without a warrant.

When Is a Police Search Illegal in California?

A police search is illegal when it violates your Fourth Amendment rights by occurring without a valid warrant, probable cause, or a recognized legal exception. If law enforcement conducts an unlawful search, any evidence obtained may be inadmissible in court, which can significantly weaken the prosecution’s case.

Searches Without a Warrant – What’s Allowed?

While police generally need a warrant to conduct a search, there are limited exceptions where warrantless searches are allowed. If none of these exceptions apply, the search may be illegal:

• Consent searches – If a person voluntarily consents to a search, police do not need a warrant. However, consent must be freely given and not coerced.
• Searches incident to arrest – Police may search a person and their immediate surroundings after making a lawful arrest. However, this does not give them the right to search an entire home or vehicle without additional justification.
• Plain view doctrine – If an officer sees illegal items in plain sight while lawfully present, they can seize them without a warrant.
• Exigent circumstances – If police believe that delaying a search could result in evidence being destroyed or pose a danger, they may conduct an immediate search.
• Probable cause in vehicle searches – Vehicles have fewer privacy protections than homes. If police have probable cause to believe a car contains evidence of a crime, they can search it without a warrant.

If none of these conditions apply and police search your property anyway, the search may be unconstitutional, and any evidence they collect could be challenged in court.

Unlawful Search and Seizure – Common Violations

Police sometimes overstep their authority, leading to illegal searches. Some of the most common violations include:

• Searching without probable cause or a warrant – If no legal justification exists, the search is unconstitutional.
• Coercing consent – If an officer pressures or tricks someone into allowing a search, the consent may be invalid.
• Exceeding the scope of a warrant – A search warrant must specify the location and items to be searched. If officers go beyond these limits, their actions may be illegal.
• Prolonging a traffic stop to conduct a search – Police cannot extend a traffic stop just to look for a reason to search the vehicle.
• Illegal stop-and-frisk searches – Officers must have reasonable suspicion that someone is armed or involved in criminal activity before conducting a pat-down search.

What Are Your Rights During a Police Search?

In most cases, you have the right to refuse a search, and exercising this right cannot be used against you in court. Knowing when and how to assert your rights can prevent law enforcement from conducting an illegal search.

Your Right to Refuse a Search

• You can refuse if police do not have a warrant. Unless an officer has a valid search warrant or an applicable legal exception, you have the right to say no.
• You do not have to consent to a vehicle search during a traffic stop. Police need probable cause to search your car unless you voluntarily agree.
• If police ask for permission to search, you can say no. Simply state, “I do not consent to a search.” If they search anyway, your attorney may be able to challenge the evidence in court.

However, if police have probable cause, a warrant, or are conducting a search incident to arrest, you may not be able to refuse. If you are unsure whether a search is legal, it is best to clearly state your refusal and contact an attorney as soon as possible.

What to Do If Police Conduct an Illegal Search

• Do not resist. Even if the search is illegal, physically resisting could lead to additional charges.
• State your objection. Politely say, “I do not consent to this search.” This helps preserve your legal rights.
• Document everything. Write down details about the officers involved, the location, and what was searched. If possible, record the interaction.
• Contact an attorney. A criminal defense lawyer can determine if your rights were violated and file a motion to suppress illegally obtained evidence.

What Happens If Police Conduct an Illegal Search?

If law enforcement conducts a search that violates your Fourth Amendment rights, any evidence obtained may be considered inadmissible in court. This can significantly weaken the prosecution’s case, and in some situations, lead to the dismissal of charges. A defense attorney can file a motion to challenge the legality of the search and work to have improperly obtained evidence excluded.

Can Evidence Be Suppressed in Court?

When police obtain evidence through an unlawful search, a defense attorney can file a motion to suppress under Penal Code 1538.5. If the court grants this motion, the evidence cannot be used at trial. In cases where the prosecution relies heavily on illegally obtained evidence, suppression can make it difficult or even impossible for them to proceed, potentially leading to a case dismissal.

The Exclusionary Rule and Your Legal Rights

The exclusionary rule is a legal principle that prevents illegally obtained evidence from being used in court. This rule is designed to deter police misconduct and protect constitutional rights. If law enforcement conducts an unlawful search, any evidence they seize—such as drugs, weapons, or incriminating documents—may be excluded under this rule.

Additionally, the fruit of the poisonous tree doctrine extends these protections further. This means that any evidence discovered as a result of the illegal search, even if obtained separately, may also be inadmissible.

Legal Defenses Against Unlawful Search and Seizure

Motion to Suppress Evidence

Under Penal Code 1538.5, a defense attorney can file a motion to suppress evidence that was obtained through an illegal search. If the judge grants this motion, the prosecution cannot use that evidence in court. This is especially important in cases where the prosecution’s argument relies heavily on seized items, such as drugs, weapons, or electronic data.

If critical evidence is thrown out, the prosecution may be forced to reduce or dismiss the charges due to a lack of proof. Filing a motion to suppress is often a key step in fighting criminal charges that stem from an unlawful search.

Proving Lack of Probable Cause or Consent

If police conducted a search without a warrant or a valid legal exception, the defense can argue that there was no probable cause to justify their actions. Without probable cause, any search is unconstitutional, and the evidence may be excluded.

Additionally, if officers claim that the defendant consented to a search, a defense attorney can challenge whether that consent was truly voluntary. If law enforcement coerced, misled, or intimidated someone into allowing a search, the consent may not be legally valid, and the search may be ruled unlawful.

Challenging an illegal search is often one of the most effective ways to fight criminal charges. If law enforcement violated search and seizure laws in your case, a defense attorney can take the necessary legal steps to suppress evidence and protect your rights.

Why Hire a Criminal Defense Attorney for Search and Seizure Cases?

An attorney can review the details of your case, identify any violations of your Fourth Amendment rights, and take legal action to challenge illegally obtained evidence. If law enforcement violated search and seizure laws, a lawyer can file motions to suppress evidence, which may lead to reduced charges or case dismissal.

How a Lawyer Can Get Illegally Obtained Evidence Thrown Out

A defense attorney can file a motion to suppress evidence under Penal Code 1538.5 if law enforcement conducted an illegal search. If the court determines that police lacked probable cause, conducted a warrantless search without a valid exception, or coerced consent, the evidence may be ruled inadmissible in court. This can significantly weaken the prosecution’s case and, in some instances, force them to drop the charges entirely.

Defending Against Charges Based on Unlawful Searches

When criminal charges are based on evidence obtained through an unlawful search, a defense attorney can challenge the legality of the search itself. If police exceeded the scope of a warrant, prolonged a traffic stop without justification, or searched a person’s property without consent or probable cause, the defense can argue that the search was unconstitutional. In many cases, proving a Fourth Amendment violation can result in key evidence being excluded, making it difficult for the prosecution to proceed with the case.

Encino Shooting: Husband Charged with Murder in Wife’s Death

VAN NUYS, CA – A Santa Monica man has been charged with first-degree murder after allegedly shooting and killing his wife, 54-year-old Linda Farzan-Kashani, in front of their teenage son in Encino.

Sean Farzan, 64, faces one count of first-degree murder and one count of felony child abuse under circumstances likely to cause great bodily injury or death (Case No. 25VWCF00183). Prosecutors have emphasized the severity of the case, noting the tragic impact on the victim’s family and the community.

Farzan is currently being held without bail and is scheduled for arraignment on February 20, 2025, at Dept. 100 of the Van Nuys Courthouse.

Details of the Incident

The fatal shooting occurred on February 5, 2025, around 7:25 p.m., outside a home in the 5100 block of Hesperia Avenue near Lindley Avenue and Ventura Boulevard in Encino. Authorities say Farzan and his wife, who were in the process of divorcing, had gone to the residence to visit someone.

While inside their SUV, the couple allegedly got into an argument while their teenage son was in the back seat. Linda stepped out of the vehicle, reportedly trying to de-escalate the situation, but Farzan followed her and opened fire, continuing to shoot until she collapsed.

Farzan then fled the scene on foot but was located two blocks away near Ventura Boulevard and Newcastle Avenue, where Los Angeles police officers took him into custody without incident.

Legal Proceedings and Charges

The case is being prosecuted by the Family Violence Division and was investigated by the Los Angeles Police Department. Given the severity of the crime and its circumstances, prosecutors are expected to seek the maximum penalty under California Penal Code 187(a) (Murder) and California Penal Code 273a(a) (Felony Child Abuse).

Farzan remains in custody and will return to court on February 20, 2025, for his arraignment. If convicted as charged, he faces life in prison without the possibility of parole.

The charges in this case are merely allegations, and the defendant is presumed innocent unless and until proven guilty in a court of law.

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 332 PC: Obtaining Money by Gaming Fraud

Under California Penal Code 332 PC, gaming fraud occurs when someone uses deceit, trickery, or false pretenses to win or obtain money, property, or valuables through games, bets, or wagers. This law applies to casinos, card rooms, private games, and other gambling settings where fraudulent activity can take place. A conviction can carry severe legal consequences, including fines and potential jail time.

If facing a charge under PC 332, it is important to understand both the legal elements of the offense and the possible defenses. Fraud-related charges require proof of intent, and a strong legal defense may focus on challenging the prosecution’s evidence or demonstrating a lack of deceptive intent.

What Is Gaming Fraud Under Penal Code 332 in California?

Gaming fraud, as defined under Penal Code Section 332, involves using deception or trickery to unlawfully obtain money or valuables through gambling, betting, or wagering. Unlike straightforward theft, which involves directly taking property, gaming fraud requires misleading others within the context of a game or bet to achieve financial gain. This offense can occur in various settings, including casinos, card rooms, private games, and online gambling platforms.

Key Elements of Gaming Fraud in California

To convict someone under Penal Code 332, the prosecution must establish:

• Fraudulent intent: The accused knowingly and deliberately deceived others to gain money or valuables.
• Participation in gaming or wagering: The fraudulent conduct took place during a game, bet, or wager.
• Financial loss to the victim: The victim suffered a financial loss due to the deceitful actions.

Examples of Gaming Fraud in California

• Cheating at Games: Using marked cards, loaded dice, or hidden devices to manipulate game outcomes.
• Collusion in Betting: Secretly working with others to fix the results of a poker game or other wagering activity.
• False Pretenses in Gambling: Providing misleading information to convince someone to place a bet or participate in a game.
• Tampering with Gambling Equipment: Using counterfeit chips or altering gaming devices to create unfair advantages.

For instance, if someone uses a hidden device to change the outcome of a slot machine in a casino, this manipulation would qualify as gaming fraud under Penal Code 332. Similarly, colluding with other players in a poker game to cheat others out of their money would also meet the criteria for this offense.

Offenses Related to Gaming Fraud

• Grand Theft (PC 487): If the amount of money or property obtained through fraudulent gaming exceeds $950, prosecutors may charge grand theft, a more serious offense with harsher penalties.
• Petty Theft (PC 488): When the fraudulent winnings amount to $950 or less, the offense may be charged as petty theft, which carries lighter penalties than grand theft.
• Fraud (PC 532): If the deception used in gaming fraud also involves false pretenses outside of a gambling setting—such as convincing someone to invest in a rigged game—charges for general fraud may apply.
• Conspiracy (PC 182): If two or more people work together to rig a game or manipulate betting outcomes, they could face conspiracy charges in addition to gaming fraud.
• Burglary (PC 459): If someone enters a casino, card room, or other establishment intending to commit fraud through gaming, they could be charged with burglary, which does not require forced entry.

Penalties for Violating Penal Code 332 PC

Misdemeanor Charges

If the value involved is $950 or less, the offense is typically charged as a misdemeanor, punishable by:

• Up to 6 months in county jail.
• Fines of up to $1,000.

Felony Charges

If the value exceeds $950, gaming fraud may be charged as a felony, leading to:

• 16 months, 2 years, or 3 years in state prison.
• Fines of up to $10,000.

Additionally, a conviction can result in:

• A permanent criminal record, affecting employment and housing opportunities.
• Mandatory restitution to the victim for their financial losses.

Defenses to Obtaining Money by Fraud Through Gaming

A charge under California Penal Code Section 332 PC for obtaining money by gaming fraud can sometimes be challenged by casting doubt on the intent to defraud. Fraud requires knowingly deceiving someone with the intent to gain money or property unfairly. If there was no intent to mislead or cheat, the elements of the offense may not be met.

Another possible defense involves mistake or misunderstanding. If the accused genuinely believed the game was being played fairly and had no intent to deceive participants, this could challenge the fraud allegation.

Additionally, lack of reliance by the victim could be a defense. If the alleged victim did not actually rely on any misrepresentation when handing over money, or if they were aware of the true nature of the game, then the charge may not hold.

In some cases, insufficient evidence might be a strong defense. Witness accounts can be inconsistent, and proving fraudulent intent beyond a reasonable doubt can be challenging, particularly if there is a lack of concrete evidence showing deception.

Finally, entrapment could be raised if law enforcement induced someone to commit the offense in a situation where they otherwise would not have engaged in fraudulent gaming. If officers pressured or coerced participation in deceptive gambling schemes, the case could be dismissed.

Legal Self-Defense Weapons in California – What’s Allowed?

What Weapons Are Legal for Self-Defense in California?

California law permits individuals to carry and use certain self-defense weapons, but strict regulations determine when and how they can be used. The legality of a self-defense weapon depends on the type of weapon, the circumstances of its use, and the person carrying it. Even non-lethal weapons like pepper spray and stun guns have restrictions, and misuse can result in criminal charges.

Pepper Spray – California Penal Code 22810 PC

Pepper spray is one of the most widely used self-defense tools and is legal under Penal Code 22810 PC, but with specific limitations:

• The container must not exceed 2.5 ounces.
• It can only be used for self-defense purposes.
• Individuals with felony convictions or violent crime records are prohibited from possessing it.
• Using pepper spray against a peace officer is a criminal offense.

Although pepper spray is considered a non-lethal weapon, improper use—such as deploying it in an unprovoked situation—can lead to misdemeanor charges, fines, and up to one year in jail.

Stun Guns & Tasers – California Penal Code 22610 PC

Under Penal Code 22610 PC, stun guns and Tasers are legal for self-defense in California, but they also come with restrictions:

• Individuals convicted of a felony or certain assault crimes cannot possess them.
• They are prohibited in government buildings, schools, and airports.
• They must only be used when facing an immediate threat.

If a stun gun or Taser is carried in a restricted location or used in an unlawful manner, the individual could face criminal charges, fines, or jail time.

Personal Alarms & Non-Lethal Devices

Personal alarms, emergency whistles, and other noise-making devices are completely legal in California and do not require a permit. These devices are highly effective in drawing attention to an emergency and deterring an attacker without physical confrontation. Unlike other self-defense tools, they carry no restrictions on possession or use and can be safely carried anywhere.

Are Firearms Legal for Self-Defense in California?

California law allows individuals to use firearms for self-defense under specific legal conditions, but strict regulations govern when and where they can be carried and used.

Castle Doctrine & Home Defense Laws

California’s Castle Doctrine, outlined in Penal Code 198.5 PC, provides homeowners with the legal right to use deadly force against an intruder inside their home if they reasonably believe the intruder intends to commit a violent felony. Unlike self-defense laws in public settings, homeowners are not required to retreat before using force inside their residence.

However, this protection is not absolute. Homeowners may face criminal charges if they use deadly force against:

• An unarmed individual who does not pose an immediate threat.
• A retreating or fleeing intruder.
• Someone who was lawfully present in the home, such as a guest or co-occupant.

In any self-defense case, law enforcement and prosecutors will examine whether the homeowner’s use of force was reasonable and necessary based on the circumstances. If the use of deadly force is deemed excessive, the individual may be charged with a crime.

Concealed Carry Laws & CCW Permits

Carrying a concealed firearm in public without a permit is illegal under Penal Code 25400 PC and can result in either a misdemeanor or felony charge, depending on the circumstances. The only way to legally carry a concealed firearm in public is to obtain a Concealed Carry Weapon (CCW) permit issued by local law enforcement.

Even with a valid CCW permit, using a firearm in self-defense must comply with California’s strict legal standards for justifiable use of force. To lawfully use a firearm in self-defense:

• The threat must be immediate—a perceived or future threat is not enough.
• The level of force must be proportional—deadly force can only be used to prevent death or great bodily harm.
• The individual must not have provoked the altercation—if the person carrying the firearm initiated the conflict, self-defense may not apply.

Using a firearm unlawfully, even if self-defense is claimed, can lead to serious criminal charges. It is crucial to understand when the law does and does not justify the use of deadly force.

Legal Consequences of Using a Weapon for Self-Defense

Owning a legal self-defense weapon does not automatically protect you from criminal liability if you use it unlawfully. In California, self-defense claims are evaluated based on whether the force used was reasonable and necessary under the circumstances. If the level of force is deemed excessive, you may face serious criminal charges. Even if you genuinely believed you were defending yourself, law enforcement may still arrest and charge you. The burden will be on you and your attorney to prove that your actions were legally justified.

Stand Your Ground vs. Duty to Retreat

Unlike some states, California does not have a formal Stand Your Ground law. However, courts have ruled that individuals do not have a duty to retreat if they are lawfully present when attacked. That said, the use of deadly force must still be justified. Prosecutors may argue that alternative, non-lethal options were available, which could undermine a self-defense claim.

When Self-Defense Becomes Assault or Manslaughter

If you use more force than necessary, even in a self-defense situation, you could face criminal charges, including:

• Assault with a Deadly Weapon (Penal Code 245 PC) – Using a weapon without legal justification can result in up to four years in prison.
• Negligent Discharge of a Firearm (Penal Code 246.3 PC) – Recklessly firing a gun, even without intent to harm, can carry up to three years in prison.
• Manslaughter (Penal Code 192 PC) – If self-defense results in an unlawful killing, penalties can range from three to eleven years in prison.

Frequently Asked Questions About Self-Defense Weapons in California

Can I Carry a Knife for Self-Defense?

Yes, but only specific types of knives are legal for self-defense in California. Folding knives, such as pocket knives and utility knives, are legal as long as the blade is not locked in an open position. However, dirks, daggers, and concealed fixed-blade knives are illegal under Penal Code 21310 PC. Carrying a prohibited knife can result in misdemeanor or felony charges, depending on the circumstances.

Do I Need a Permit for a Taser in California?

No, civilians do not need a permit to own a stun gun or Taser in California. However, Penal Code 22610 PC imposes restrictions. Felons, individuals convicted of assault, minors under 18, and those addicted to narcotics are prohibited from possessing these devices. Additionally, Tasers and stun guns cannot be carried in certain locations, such as government buildings, schools, or airports. Unlawful possession or misuse can result in criminal charges.

Can I Use a Gun to Defend Myself in Public?

Using a firearm for self-defense in public is only legal if the situation meets California’s strict definition of justifiable self-defense. Deadly force is permitted only if there is an immediate and unavoidable threat of death or great bodily harm. If law enforcement determines that non-lethal alternatives were available or that force was excessive, the individual could face serious charges, including assault with a deadly weapon or manslaughter under Penal Code 192 PC. Even if self-defense applies, using a gun in public will likely result in an investigation or arrest.

Charged with a Weapons Offense? Contact a Los Angeles Criminal Defense Attorney Today

If you are facing charges for possessing or using a self-defense weapon in California, you need an experienced criminal defense attorney to protect your rights. Even if you believed you were acting within the law, prosecutors may aggressively pursue charges that carry severe consequences, including jail time, fines, and a permanent criminal record.

At The Law Offices of Attorney Hashemi, we understand California’s complex weapons laws and have successfully defended clients against firearm and self-defense weapon charges. Attorney Hashemi will personally evaluate your case, challenge unlawful searches or arrests, and build a strong legal defense to seek the best possible outcome—whether that means dismissal, reduced charges, or alternative sentencing.

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.

Los Angeles Man Charged with Murder in Fatal Stabbing of UCLA Graduate Amanda Torres

Los Angeles authorities have charged James Joshua Lopez, 24, with murder in connection with the fatal stabbing of Amanda Torres, 28, a recent UCLA graduate and community organizer. The attack occurred in the early morning hours of January 26, 2025, in downtown Los Angeles, following an altercation at a party.

Details of the Incident

The deadly encounter took place at approximately 12:40 a.m. in the 1100 block of South Los Angeles Street. Torres had been attending an after-party when her brother was allegedly attacked by a group of men. In an effort to intervene and protect him, she was fatally stabbed in the neck.

Investigators later determined that Lopez had been removed from the party earlier that night. However, he returned to the area, where he approached a small group outside the venue. Surveillance footage captured Lopez engaging with individuals moments before the stabbing occurred.

Emergency responders arrived to find Torres unconscious and unresponsive. Despite efforts to revive her, she died at the scene from her injuries.

Legal Proceedings and Charges

After an extensive investigation, prosecutors formally charged James Joshua Lopez with one count of murder under California Penal Code 187(a). The charge includes an allegation of personal use of a deadly weapon, specifically a knife, which could lead to an enhanced sentence if he is convicted.

Lopez’s arraignment is scheduled for March 3, 2025, at the Clara Shortridge Foltz Criminal Justice Center in downtown Los Angeles. If found guilty, he faces a potential sentence of 26 years to life in prison.

Background of the Victim and Community Response

Amanda Torres, 28, was a recent UCLA graduate and a dedicated community organizer. She was actively involved in social justice initiatives and was well known in Los Angeles’ electronic dance music scene, where she was affectionately called “Dandy Mandi.”

Her tragic and violent death has led to an outpouring of grief from family, friends, and the wider community. Many have spoken about her compassion, leadership, and dedication to making a difference in Los Angeles.

The 24-year-old suspect remains in custody on $2.02 million bail and is scheduled to appear in court on March 3, 2025.

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.

Misdemeanor vs. Felony Drug Charges in California: How the Law Determines the Difference

California takes drug-related offenses seriously, but not all charges are treated the same. misdemeanor vs. felony drug charges in California depend on several factors, including the type and quantity of the controlled substance, whether there was intent to sell, and the defendant’s criminal history. These classifications significantly impact potential penalties, ranging from fines and probation to lengthy prison sentences.

The difference between a misdemeanor and a felony drug charge depends on:

• The type and quantity of the controlled substance.
• Whether the charge involves simple possession or intent to sell.
• The defendant’s criminal history.
• Whether aggravating factors (such as possession near a school or involving minors) are present.

Understanding how California law classifies drug offenses is crucial if you are facing charges, as the difference between a misdemeanor and a felony can significantly impact your future. If you have been accused of a drug crime, securing experienced legal representation is essential. At The Law Offices of Arash Hashemi, our Los Angeles drug crimes lawyer has over 20 years of experience defending clients against drug-related charges and fighting to protect their rights. Call us today at (310) 448-1529 for a free consultation and take the first step toward building a strong defense.

When Is a Drug Charge a Misdemeanor in California?

Many first-time, non-violent drug offenses are charged as misdemeanors under California law. A misdemeanor drug charge generally carries lighter penalties, such as:

• Up to one year in county jail.
• Fines of up to $1,000.
• Probation or diversion programs instead of jail time.

Common Misdemeanor Drug Charges:

• Simple possession of a controlled substance (Health & Safety Code § 11350 HS)
• Possession of drug paraphernalia (Health & Safety Code § 11364 HS)
• Being under the influence of a controlled substance (Health & Safety Code § 11550 HS)
• Unlawful possession of marijuana in excess of legal limits (Health & Safety Code § 11357 HS)

In many cases, first-time offenders may qualify for drug diversion programs under Proposition 36 or Penal Code 1000, allowing them to avoid jail time by completing court-ordered treatment.

When Is a Drug Charge a Felony in California?

Certain drug offenses are automatically charged as felonies or may be elevated from a misdemeanor depending on the circumstances. Felony drug charges carry severe consequences, including:

• State prison sentences of 16 months to 4 years or more.
• Fines up to $10,000.
• Mandatory drug treatment or rehabilitation programs.
• Permanent criminal record, affecting employment, housing, and immigration status.

Common Felony Drug Charges:

• Possession of a controlled substance for sale (Health & Safety Code § 11351 HS)
• Manufacturing or cultivating drugs (Health & Safety Code § 11379.6 HS)
• Transporting or distributing controlled substances (Health & Safety Code § 11352 HS)
• Possession of drugs with a loaded firearm (Health & Safety Code § 11370.1 HS)

Additionally, prior convictions, drug quantity, and intent to distribute can elevate what would normally be a misdemeanor into a felony charge.

Factors That Determine Whether a Drug Charge Is a Misdemeanor or Felony

Type and Quantity of the Drug

The classification of a drug under California’s controlled substances schedules plays a major role. Smaller amounts of lower-risk substances may result in misdemeanor charges, while large quantities or highly dangerous drugs (such as fentanyl, heroin, or methamphetamine) often lead to felony charges.

Intent to Sell vs. Personal Use

If law enforcement believes you possessed drugs for personal use, the charge is more likely to be a misdemeanor. However, if evidence suggests intent to sell, such as:

• Large quantities of drugs
• Scales, packaging materials, or multiple small baggies
• Large sums of cash
• Frequent communication with buyers (text messages, call logs)

The prosecution may file felony charges under Health & Safety Code § 11351 HS.

Prior Criminal Record

Defendants with a history of drug-related convictions or violent felonies are more likely to face felony charges. Under California’s Three Strikes Law, repeat offenders may receive enhanced sentencing, leading to longer prison terms.

Aggravating Circumstances

Certain factors automatically increase the severity of a drug charge. You may be charged with a felony if you were:

• Caught selling drugs near a school or playground.
• Providing drugs to minors.
• In possession of a firearm at the time of arrest.
• Manufacturing or trafficking controlled substances.

Can a Felony Drug Charge Be Reduced to a Misdemeanor?

Yes, in some cases, felony drug charges can be reduced to misdemeanors. Whether a charge qualifies for reclassification depends on the specific factors that distinguish misdemeanor vs. felony drug charges in California, including the type of substance, the defendant’s criminal history, and eligibility under laws like Proposition 47.

Ways to Reduce a Felony Drug Charge:

• Prop 47 Reduction: Under Proposition 47, certain drug possession felonies can be reclassified as misdemeanors.
• Plea Negotiation: An attorney may negotiate a plea deal to reduce the charge in exchange for probation or drug treatment.
• Expungement & Record Sealing: If you complete probation, you may be able to expunge your record under Penal Code 1203.4.

Defenses Against Drug Charges in California

One of the most common defenses to a drug charge involves an alleged Fourth Amendment violation. This constitutional provision protects individuals from unreasonable searches and seizures by law enforcement. If the police conducted an illegal search without a warrant, probable cause, or consent, the court may suppress the evidence, including any drugs or paraphernalia seized. Without this key evidence, the prosecution may not be able to secure a conviction.

In other cases, a defendant might challenge the knowledge and intent element required for a drug conviction. For example, a possession charge may not hold if the defendant did not know the drugs were present in an area under their control. Similarly, a drug trafficking charge could be challenged if the defendant genuinely believed they were transporting legal prescription medications instead of controlled substances. However, this defense is unlikely to work if the defendant deliberately ignored signs that they were handling illegal drugs.

A defendant may also claim entrapment, arguing that law enforcement pressured or coerced them into committing a crime they would not have otherwise committed. Additionally, if the prosecution’s case relies on lab reports or forensic analysis, a defense attorney may challenge inaccurate test results, mislabeling, or errors in handling drug evidence, which could weaken the case against the defendant.

Contact a Los Angeles Drug Crimes Attorney Today

If you are facing misdemeanor or felony drug charges in California, the penalties can be severe, including jail time, fines, and a permanent criminal record. At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients against drug-related charges and fighting to protect their rights.

Attorney Hashemi will personally review your case, challenge the prosecution’s evidence, and work to reduce or dismiss your charges whenever possible. Whether negotiating a plea deal, seeking alternative sentencing, or aggressively defending you in court, we are committed to achieving the best outcome for your case.

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.