If you’ve been convicted of a violent felony in California and are later found in possession of a firearm, you could face charges under Penal Code 29900 PC. This is one of California’s most serious firearm laws — and it applies specifically to people with violent felony convictions, not just any felony. While PC 29900 isn’t always the main charge in an arrest, it acts as a standalone felony or a sentencing enhancement in gun-related cases involving prior violent felons.

At The Law Offices of Arash Hashemi, we represent clients across Los Angeles County facing complex gun charges, including those involving PC 29900 and PC 29800. If you’ve been accused of violating this law — or fear that your prior record could lead to serious charges — we’re here to help.

What Is Penal Code § 29900 PC – Firearm Possession by Violent Felons?

Under California Penal Code 29900, it is a felony for someone to own, possess, or have custody or control of a firearm if they have previously been convicted of a violent felony. This includes crimes such as murder, attempted murder, robbery, rape, kidnapping, or assault with a deadly weapon.

While Penal Code 29800 makes it illegal for any felon to possess a firearm, Penal Code § 29900 targets individuals with prior violent felony convictions and imposes significantly harsher consequences. These include longer prison sentences, a mandatory minimum jail term, and sentencing enhancements under California’s Three Strikes Law. This distinction makes PC 29900 one of the most aggressively enforced gun possession laws in the state.

To secure a conviction under PC 29900, prosecutors must prove the following:

• You were previously convicted of a qualifying violent felony listed under California law;

• You owned, possessed, or had control over a firearm after that conviction;

• You knew the firearm was present.

Importantly, “possession” doesn’t just mean the gun was in your hand or pocket. It can include constructive possession, such as when a firearm is found in your home, car, or even a storage unit — whether or not the gun technically belonged to you. This is where many cases become complex, and why early legal representation is crucial.

What Crimes Count as Violent Felonies Under PC § 29900?

Not all felony convictions trigger charges under California Penal Code § 29900 PC — only certain serious or violent offenses listed in Penal Code § 29905 qualify. These include:

• Murder or Attempted Murder

• Robbery – Penal Code § 211

• Rape or Sexual Assault – Penal Code §§ 261, 289

• Kidnapping – Penal Code § 207

• Assault with a Deadly Weapon (ADW) – Penal Code § 245(a)

• Mayhem – Penal Code § 203

• Carjacking – Penal Code § 215

These offenses are classified as “violent felonies” under California law. If you have a conviction for any of these crimes and are later found in possession of a firearm, PC 29900 makes it a separate felony — with more severe penalties than standard felon-in-possession laws.

Penalties for Possession of a Firearm by a Violent Felon in California

A violation of California Penal Code § 29900 is a felony, punishable by:

• 3, 5, or 7 years in California state prison

• A strike under California’s Three Strikes Law

• Lifetime loss of gun rights

• Sentence enhancements if the case involves other firearm or gang-related charges

Mandatory Jail Time – Even If Probation Is Granted

Under Penal Code § 29900(c), even if probation is granted, the court must impose a mandatory minimum of six months in county jail.

The only exception is if the court finds that the case is “unusual” and that jail time would not serve the interests of justice. In such cases, the court must explicitly state its reasons on the record.

This provision makes PC 29900 significantly harsher than many other firearm offenses — and underscores the importance of having an experienced criminal defense attorney involved early in the process.

Legal Defenses to Penal Code § 29900 PC Charges in California

If you’ve been charged under Penal Code § 29900 for possessing a firearm after a violent felony conviction, several legal defenses may apply. Here are some of the most common:

You didn’t know the firearm was there
If someone else left the gun in your home, car, or personal space — and you genuinely didn’t know it was there — then you didn’t possess it knowingly. The law requires actual or constructive possession with knowledge, so this can be a strong defense in the right case.

You were trying to get rid of the gun safely
If you only had the firearm briefly and were trying to turn it over to law enforcement, that’s called “momentary possession.” The law recognizes exceptions when someone takes control of a weapon for the purpose of lawful disposal, especially in emergency situations.

You were falsely accused or misidentified
Mistaken identity, false reports, or being in the wrong place at the wrong time can all lead to wrongful arrests. If there’s no solid evidence connecting you to the weapon — like fingerprints, witness testimony, or surveillance — your attorney can push to have the case dismissed.

The Prior Felony Doesn’t Qualify Under PC § 29900
Not every felony conviction leads to prosecution under this law. The statute applies only to certain violent felonies listed under California law. If your prior offense isn’t on that list — or was later reduced, expunged, or reclassified — it may not support this charge, and your attorney can challenge its application.

Talk to a Los Angeles Gun Crime Lawyer

If you’re facing charges under Penal Code 29900 PC, you could be looking at years in prison and a strike on your record. These are not charges to take lightly. The sooner you speak with a skilled Los Angeles criminal defense attorney, the better your chances of building a strong defense.

At The Law Offices of Arash Hashemi, we have over 20 years of experience fighting serious firearm allegations across Los Angeles County. Attorney Arash Hashemi personally handles each case and is committed to protecting your rights, challenging the prosecution’s case, and securing the best possible result.

Schedule your free consultation today. Call our office directly or book online. We serve clients across Los Angeles, including Santa Monica, Beverly Hills, Culver City, and Westwood.

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.

Kidnapping During a Carjacking – California Penal Code 209.5 PC

Kidnapping during a carjacking (209.5 PC) is one of the most aggressively prosecuted offenses under California law. It combines two already serious felonies—carjacking and kidnapping—into a single aggravated charge that can result in life in prison. Under California Penal Code  209.5, this crime applies when someone, during the course of a carjacking, forcibly moves the victim a substantial distance in a way that increases their risk of harm. Even movements that appear brief can qualify if prosecutors believe they exceeded what was necessary to complete the carjacking.

This charge goes far beyond taking a vehicle. If the victim is forced to stay inside the car, driven to another location, or prevented from escaping after the carjacking begins, prosecutors may file under PC 209.5. What separates this offense from standard carjacking is the additional danger to the victim—especially if they are isolated, threatened for longer periods, or held against their will. These cases are treated as violent felonies and are automatically considered “strike” offenses under California’s Three Strikes Law.

For anyone accused of kidnapping during a carjacking in Los Angeles, the consequences are life-altering. As a Los Angeles criminal defense attorney with over two decades of felony trial experience, Arash Hashemi knows how prosecutors build these cases—and how to challenge them. Whether you’re facing exaggerated charges, mistaken identity, or a misinterpretation of what occurred, our firm is ready to intervene quickly and strategically to protect your rights and fight for the most favorable outcome.

How Penal Code 209.5 PC Defines Kidnapping During a Carjacking

California Law defines kidnapping during the commission of a carjacking as follows:

“Any person who, during the commission of a carjacking and in order to facilitate the carjacking, abducts and moves the victim a substantial distance beyond what is merely incidental to the carjacking, and the movement increases the risk of harm to the victim, is guilty of aggravated kidnapping.”

To break this down:

• The movement of the victim must be more than what’s necessary to complete the carjacking (e.g., forcing them to move over in the seat isn’t enough on its own).

• The movement must create additional danger—such as moving the victim to a second location, holding them hostage, or exposing them to further threats or violence.

• The victim’s movement must occur without consent and must involve force or fear.

This offense builds on California’s general kidnapping statute (PC 207) and the carjacking statute (PC 215), but adds a layer of severity when both crimes happen together in a way that heightens the risk to the victim.

Elements the Prosecution Must Prove Under Penal Code 209.5 PC

To convict someone of kidnapping during a carjacking under 209.5 PC, the prosecution must prove all of the following elements beyond a reasonable doubt (as outlined in California’s CALCRIM 1204 jury instructions):

1. A carjacking occurred – The defendant took a vehicle that was in the possession of another person, against that person’s will, by means of force or fear, with the intent to permanently or temporarily deprive them of the vehicle.

2. The defendant detained or moved the victim – During the course of the carjacking, the defendant forcibly moved the victim or made them stay with the vehicle.

3. The movement was substantial – The victim was moved a distance that was more than trivial or incidental to the carjacking itself.

4. The movement increased the risk of harm – The way in which the victim was moved exposed them to greater danger than they would have faced from the carjacking alone (e.g., being taken to a second location, isolated from help, or held for longer periods).

5. The victim did not consent – The victim did not voluntarily agree to be moved or to remain with the carjacker.

Each of these factors must be present to secure a conviction. If the movement was minimal or served no purpose other than completing the carjacking, or if there was no increased danger to the victim, the charge may not hold under PC § 209.5 and could be reduced.

Penalties for Kidnapping During a Carjacking – Penal Code 209.5 PC

Primary Penalty

• Life in state prison with the possibility of parole

Unlike basic carjacking or standard kidnapping, a conviction under PC  209.5 results in a mandatory life sentence, though the court may allow for parole eligibility depending on the facts and the defendant’s criminal history.

Strike Offense

• Violent felony under California’s Three Strikes Law

Because this crime is considered a “strike,” a conviction can significantly increase penalties for future felony offenses. If the defendant has prior strike convictions, they may face a doubled sentence or life without parole under the third strike provision.

Additional Sentencing Enhancements

The court may impose additional time if certain aggravating factors are present:

• Use of a firearm (PC 12022.53):

  • 10 years for use

  • 20 years for firing

  • 25 years to life if someone is seriously injured or killed

• Great bodily injury to the victim (PC 12022.7):

  • An additional consecutive prison term of 3 to 6 years

• Gang enhancement (PC 186.22):

  • Additional time if the offense was committed for the benefit of a criminal street gang

Parole Eligibility

In most cases, the defendant must serve at least 85% of the sentence before becoming eligible for parole consideration. This is due to the crime’s classification as a violent felony.

Fighting Kidnapping During a Carjacking Charges in California

The Movement Was Minimal or Incidental

To elevate a carjacking to kidnapping, the alleged movement must be more than what’s needed to commit the theft. If the person was only asked to slide over, exit the car, or stay momentarily inside, that alone may not justify a kidnapping charge.

No Added Danger to the Victim

Even if movement occurred, the law requires that it exposed the victim to greater risk—such as isolation, harm, or extended control. If the person was not put in additional danger beyond the carjacking itself, this charge may not be legally justified.

The Victim Gave Consent

There are cases where the person remained in the vehicle voluntarily or agreed to a short drive—without threats, force, or fear. If consent was freely given and not coerced, the charge may not hold up in court.

Mistaken Identity

Many of these arrests are based on high-stress eyewitness accounts, which are prone to error. If there’s any indication that law enforcement got the wrong person, we’ll work to expose it—using alibi evidence, surveillance footage, or gaps in the investigation.

No Criminal Intent

In some situations, the person taking the vehicle may not have realized someone else was inside or had no intention of holding them. If the movement was unintentional or corrected quickly, it may not meet the elements of this offense.

Police Misconduct or Rights Violations

Illegal searches, coercive interrogations, and arrests made without probable cause can all be grounds to suppress evidence. If your rights were violated at any point during the investigation or arrest, we will push to have key evidence thrown out and charges reduced or dismissed.

In cases where the evidence is overwhelming, we may also be able to negotiate a resolution that avoids a life sentence—such as a reduction to standard carjacking or a plea that eliminates strike exposure. Every option is explored to protect your future.

Arrested for a Gun Charge in California? Here’s How You May Be Able to Get It Dismissed

If you’ve recently been arrested for a gun charge in California, the consequences you’re facing are serious — even if you weren’t doing anything violent. California’s firearm laws are some of the strictest in the country, and even a first offense can mean jail time, probation, fines, or a permanent criminal record. But the good news is that not every gun arrest ends in a conviction. In fact, many of these cases can be dismissed or significantly reduced — if you act quickly and have the right legal defense in place.

At The Law Offices of Arash Hashemi, we’ve spent over two decades helping clients across Los Angeles fight back against gun charges — whether for illegal possession, carrying a concealed firearm, or being accused of owning a gun as a prohibited person. We understand how police and prosecutors build these cases, and more importantly, how to dismantle them.

In many situations, the key to getting a gun charge dismissed comes down to the way the evidence was collected. If law enforcement violated your constitutional rights — for example, by stopping or searching you without probable cause or a warrant — we can file a motion to suppress the firearm evidence. If that motion is granted, the gun can’t be used against you in court, and the prosecutor often has no choice but to drop the case.

Another path to dismissal involves proving that you didn’t actually possess or control the firearm. This is especially common in situations where a gun is found in a shared vehicle, a friend’s backpack, or somewhere else not clearly under your control. Prosecutors must prove beyond a reasonable doubt that you knew the gun was there and had the ability to control it — and if they can’t, the case may fall apart.

Sometimes, the arrest itself is flawed from the beginning. We’ve handled cases where clients were arrested for being a “prohibited person” — only to find out they were misclassified. In other cases, the firearm didn’t meet the legal definition of a gun under California law — such as when it was inoperable, antique, or legally owned but transported incorrectly. These details matter, and they can be the difference between a conviction and a dismissal.

Even if full dismissal isn’t possible, there are still ways to avoid jail time or a criminal record. If you’re eligible, we may be able to negotiate a reduction to a misdemeanor, secure probation instead of custody, or pursue pretrial diversion. These options depend on your record, the facts of the case, and how early you get a defense lawyer involved.

When you hire our firm, we take over immediately. We review the police reports, bodycam footage, search and arrest records, and every piece of evidence the prosecution has. If there’s a legal weakness, we’ll find it — and use it to pressure the DA to dismiss or reduce the charges. And if your rights were violated, we’ll hold law enforcement accountable in court.

Gun charges don’t go away on their own — and the longer you wait to get legal help, the more leverage prosecutors gain over your case. That’s why it’s critical to get ahead of it now, before you end up with a conviction that could affect your job, your record, your immigration status, or your future ability to legally own a firearm.

If you’ve been arrested for a firearm offense in Los Angeles — whether it’s carrying a concealed weapon, being accused as a felon in possession, or possession of an unregistered firearm — call our office today. Attorney Arash Hashemi will personally sit down with you, explain your rights, and lay out a plan to fight the charges head-on. You do not have to go through this alone. And you don’t have to accept a conviction.

We are located at Westside Towers in Los Angeles and proudly serve clients throughout the greater Los Angeles area — including Santa Monica, Beverly Hills, Culver City, Westwood, Marina del Rey, and surrounding neighborhoods.

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’s Freeze and Seize Law – Penal Code 186.11 PC

California’s “Freeze and Seize” law, outlined in Penal Code 186.11, allows prosecutors to freeze a defendant’s assets before trial in major white collar crime cases. The law applies when someone is charged with multiple felony offenses involving fraud or embezzlement and the total alleged loss exceeds $100,000.

In other words, if you are charged and later convicted of two or more related felonies involving significant financial loss, the law imposes an automatic sentencing enhancement. This means additional prison time and the government’s authority to seize your assets to pay court fines and restitution to victims.

Courts can issue restraining orders early in the case—before any conviction—to prevent assets from being hidden, transferred, or depleted. Prosecutors often use these freeze orders in high-dollar fraud investigations to preserve funds for eventual recovery.

Who Does California’s Freeze and Seize Law Apply To?

Penal Code 186.11 PC provides a sentencing enhancement and asset preservation mechanism in cases involving large-scale financial fraud or embezzlement. To trigger this law, a person must:

• Be convicted of two or more related felony offenses in a single case;

• The offenses must involve fraud or embezzlement as a material element; and

• The conduct must result in a financial loss of more than $100,000.

The statute refers to these cases as involving a “pattern of related felony conduct,” meaning the crimes share a common purpose, method, or victim, or are otherwise connected by specific facts. These cases are not isolated acts but part of a broader fraudulent scheme.

Additional Sentencing Enhancements Under PC 186.11

• For losses exceeding $500,000: An additional 2, 3, or 5 years in state prison.

• For losses between $100,000 and $500,000: Additional prison time may apply under Penal Code 12022.6, which provides enhancements for high-value economic crimes.

This enhancement is in addition to the punishment for the underlying offenses and may only be imposed once per criminal proceeding.

Asset Freezes and Pretrial Restraining Orders

Under Penal Code 186.11, prosecutors may seek court orders to freeze a defendant’s assets before trial when the charges involve fraud or embezzlement with alleged losses exceeding $100,000. These pretrial restraining orders are designed to preserve property for the payment of restitution and fines if a conviction occurs.

The court may freeze or place restrictions on the following types of property:

• Real estate holdings

• Bank accounts and financial assets

• Investment portfolios

• Vehicles and other titled assets

• Business equipment or ownership interests

• Property transferred to third parties (unless transferred in a bona fide sale)

Importantly, these restraining orders may be issued based solely on probable cause and do not require a conviction. The prosecuting agency may request additional measures, such as the appointment of a court-approved receiver to manage the assets or operate a business to prevent asset dissipation during the proceedings.

How California Freeze and Seize Orders Are Filed and Enforced

To initiate a Freeze and Seize action, the prosecution must file a formal petition with the criminal division of the superior court. This petition outlines the felony charges, the alleged financial loss, and identifies the specific assets the state seeks to restrain before trial.

The process generally follows these steps:

• Filing of Petition: The prosecuting agency submits a petition requesting protective orders over specific assets.

• Notice to Interested Parties: Individuals or entities with a potential legal interest in the affected property must be notified, either by personal service or registered mail.

• Pretrial Hearing: A court hearing may be held to determine whether the restraining order or asset freeze should remain in effect pending the outcome of the case.

• Evidentiary Standard: The court may rely on sworn declarations, hearsay, or other evidence to assess the risk that assets may be hidden, transferred, or dissipated.

• Lis Pendens Filing: To preserve real property, a lis pendens may be recorded with the county recorder, placing a legal hold on real estate transactions.

• Bank Disclosures: Financial institutions may be compelled to disclose account numbers, balances, and transaction history to identify assets linked to the defendant.

This process can begin shortly after charges are filed—well before any conviction—and is focused on ensuring that restitution and fines can be recovered if the case results in a guilty verdict.

What Happens to Frozen Assets After a White Collar Conviction?

If the defendant is convicted of two or more related felonies involving fraud or embezzlement, and the court has issued a pretrial freeze order under Penal Code 186.11, the court may proceed to enforce the seizure of assets to satisfy financial penalties and restitution.

Upon conviction, the court may:

• Order Liquidation of Property: Assets that were frozen pretrial may be sold or liquidated to cover fines and restitution.

• Appoint a Receiver: A court-appointed receiver may be tasked with managing and distributing the seized assets.

• Impose Restitution as a Condition of Probation: The court may require restitution payments to victims as a formal condition of probation. In some cases, probation can be extended up to 10 years to ensure full payment.

The funds recovered through liquidation are distributed in a specific order of priority:

1. Payment of Receiver’s Fees and Administrative Costs

2. Satisfaction of Valid Liens or Secured Interests

3. Restitution to Victims of the Fraud or Embezzlement

4. Payment of Court-Imposed Fines

5. Remaining Funds to the Restitution Fund or Insurance Fund (as applicable)

If the total value of assets is not enough to satisfy all obligations, the court must equitably distribute the remaining proceeds—but by law, no less than 70% must be allocated to victim restitution.

How to Challenge a Freeze and Seize Order in California

Yes. California law allows defendants or third parties with a legal interest in frozen assets to challenge a freeze order. These proceedings serve as an important safeguard against overreach and ensure that property is not unjustly restrained.

A defendant or interested party may:

• File a Verified Claim of Interest: Anyone asserting a legal right to the frozen property can file a verified claim with the court explaining the nature and amount of their interest.

• Request a Hearing: Upon filing a claim, the court must hold a hearing—typically within 10 days—to determine whether the freeze should remain in effect or be modified.

• Seek Release of Funds: The court may release a portion of the frozen assets to cover the defendant’s reasonable legal fees or necessary living expenses.

When reviewing challenges, the court considers several factors, including:

• Whether there is a risk that the assets will be dissipated or hidden.

• Whether maintaining the freeze is necessary to preserve restitution or fine payments.

• Whether releasing funds is appropriate in the interest of justice, particularly to ensure access to legal representation and basic living needs.

Charged with Fraud or Embezzlement in California? Speak with a Los Angeles Criminal Defense Attorney Today

If you’re facing fraud, embezzlement, or other white collar crime charges in California involving alleged losses over $100,000, the consequences can extend far beyond prison time. Under Penal Code 186.11, prosecutors may freeze your assets before trial, seize your property after conviction, and pursue extended prison terms and steep financial penalties.

Attorney Hashemi is a Los Angeles criminal defense attorney with over 20 years of experience defending clients in high-stakes financial crime cases—including those involving asset freezes and restitution demands. He understands how prosecutors use California’s Freeze and Seize Law and knows how to fight back: whether by challenging restraining orders, negotiating charge reductions, or protecting your right to legal funds and due process.

If you’ve been charged in Los Angeles or are under investigation in connection with a financial crime, don’t wait for your assets to be frozen or forfeited. Get legal advice now.

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.

Facing a Juvenile Gun Charge in California? Here’s What Happens When a Minor Is Caught with a Firearm

If you’re trying to understand what happens if a minor is caught with a gun in California, you’re not alone—and you’re right to be concerned. These situations are serious, and without immediate legal guidance, the consequences can impact your child’s future for years to come.

Under Penal Code 29610, California law strictly prohibits anyone under 18 from possessing handguns, semi-automatic centerfire rifles, and, as of 2023, virtually any type of firearm. Even for a first offense, prosecutors in Los Angeles often move quickly—and aggressively—against minors accused of unlawful possession.

But being charged doesn’t mean your child is out of options. With the right legal strategy, it’s often possible to reduce the charge, resolve the case through diversion, or avoid a conviction altogether.

A Los Angeles criminal defense attorney experienced in juvenile gun cases can make all the difference. From the moment you contact our office, we’ll begin protecting your child’s rights, challenging the evidence, and working toward the best possible outcome.

What You Need to Know About Juvenile Gun Possession in California

When a minor is caught with a firearm—whether during a traffic stop, at school, or in connection with another incident—law enforcement treats it as a serious offense. Even for first-time offenders, these cases are rarely dismissed outright. In most situations, the case will be referred to juvenile delinquency court. However, if the firearm was loaded, used in a crime, or linked to gang activity, the prosecution may push to have the minor tried as an adult.

A conviction—or even just an admission of guilt—can lead to major consequences, including:

• Formal or informal probation

• Time in a juvenile detention facility

• Long-term bans on firearm ownership

• Immigration consequences (for non-citizens)

• Barriers to education, jobs, and professional licenses

Juvenile gun possession is also a “wobbler” offense under California law—meaning it can be charged as either a misdemeanor or a felony depending on the circumstances. Knowing what happens if a minor is caught with a gun in California can help parents act quickly and make informed decisions before the case escalates.

Legal Process After a Minor Is Caught with a Gun in Los Angeles

For families asking what happens if a minor is caught with a gun, it’s important to understand how the juvenile justice system processes these charges.

1. Referral to Juvenile Probation or Intake

After the arrest, the case is referred to juvenile probation for an initial review. If the offense is minor and the child has no prior record, probation may recommend a pre-filing diversion program. This can allow the case to be resolved without formal charges, provided certain conditions are met.

2. Filing of a Petition in Juvenile Court

If diversion isn’t offered, the District Attorney may file a petition in juvenile court. This is the juvenile equivalent of a criminal charge. The case will proceed before a judge (there are no juries in juvenile court), and the court will determine whether the charge is sustained.

3. Detention Hearing (If the Minor Is Held in Custody)

If the child is taken to juvenile hall, a detention hearing must occur within 72 hours. The judge will decide whether the minor can be released to a parent or guardian, or whether continued detention is necessary. Factors considered include the seriousness of the charge, prior history, and community safety.

4. Adjudication and Negotiation

At this stage, your defense attorney can negotiate for a dismissal, reduced charge, or diversion program. If the case proceeds to adjudication (trial), the attorney can challenge the prosecution’s evidence, raise legal defenses (such as lack of possession or illegal search), and advocate for an outcome that avoids a lasting record.

How Our Firm Helps Minors and Families Facing Gun Charges

Early Intervention with Prosecutors and Juvenile Probation

We engage with the District Attorney’s office and juvenile probation officers as early as possible—often before charges are formally filed. By presenting mitigating factors, background information, and character evidence early, we can advocate for informal supervision or pre-filing diversion programs that resolve the case without court.

Fighting for Diversion or Informal Supervision

When your child is eligible, we push for diversion or informal probation. These alternatives keep the case out of court or resolve it without a sustained petition, allowing your child to avoid a criminal record altogether. We help gather the documentation and background needed to qualify and argue persuasively for this outcome.

Challenging Illegal Searches and Rights Violations

Many firearm possession cases hinge on how the weapon was discovered. If law enforcement conducted an unlawful search—such as searching a backpack without cause or coercing a confession—we file suppression motions to have that evidence excluded. Without key evidence, the case may be dismissed or drastically reduced.

Negotiating Charge Reductions and Favorable Resolutions

When dismissal isn’t possible, we work to reduce the charge from a felony to a misdemeanor, or from a sustained petition to informal supervision. We negotiate directly with prosecutors to minimize the penalties and long-term impact on your child’s education, immigration status, or future job prospects.

Keeping the Case in Juvenile Court

In serious cases, the state may try to move the case to adult court, where penalties are harsher and a criminal record is permanent. We fight to keep the case in juvenile jurisdiction—where the focus remains on rehabilitation rather than punishment—by presenting legal arguments and supporting evidence to the judge.

Guiding Families Through the Entire Process

We explain every stage of the case—from detention hearings to adjudication—so you’re never in the dark. Your family will have direct access to an experienced defense attorney who answers your questions, prepares your child for court, and stands with you at every appearance.

What to Do Right Now If Your Child Was Caught with a Gun

If your child has been detained, questioned, or arrested for possessing a firearm, it’s essential to act immediately. What you do—or don’t do—in the first 24 to 48 hours can significantly impact the direction of the case.

Here’s what to do now:

• Do not allow your child to speak to police, school officials, or probation officers without legal counsel. Even well-meaning answers can be misunderstood or used against them. Politely decline any questioning until your attorney is present.

• Secure any documents that may help the defense. This includes hunting licenses, safety course registration, written parental permission, or anything showing lawful or supervised firearm use.

• Contact our firm immediately. Early intervention allows our attorney to engage with juvenile authorities before charges are formally filed—opening the door to diversion or dismissal before the case escalates.

The earlier we’re involved, the more control we have over how the case unfolds. Don’t wait for a court date or formal filing—your child’s future deserves proactive, experienced legal protection from the start.

Arrested for Gun Possession as a Minor in Los Angeles? Get Legal Help Today

A gun charge doesn’t have to derail your child’s future—but waiting to act can make the situation worse. Juvenile firearm possession is prosecuted aggressively in Los Angeles, and prosecutors rarely go easy, even for first-time offenders. Whether your child was caught with a handgun, rifle, or any other firearm, early legal representation is critical to protecting their future.

Attorney Hashemi brings over 20 years of experience to juvenile defense cases involving weapons. We move quickly to evaluate how the firearm was found, determine whether your child qualifies for diversion, and challenge any constitutional violations that may affect the outcome of the case. Our goal is simple: to resolve the matter without a conviction, a permanent record, or long-term consequences.

Parents often contact us asking what happens if a minor is caught with a gun in California—and the truth is, the outcome often depends on how quickly you act. Let us help you take control of the situation now—not after charges are filed or mistakes are made.

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.

Facing a Felony DUI in California? Here’s What You Need to Know About Reducing the Charges

Being charged with a felony DUI in California can feel overwhelming, especially if you’re worried about prison time, a permanent criminal record, or how it could affect your job and your future. But in many cases, a felony DUI can be reduced to a misdemeanor — if you have the right legal strategy and an experienced defense attorney on your side.

At The Law Offices of Arash Hashemi, we’ve spent more than 20 years defending clients in Los Angeles who are facing serious DUI and felony charges. We understand the high stakes involved in DUI cases and know how to evaluate whether a reduction under California Penal Code 17(b) may be possible in your situation.

If you’ve been arrested or are under investigation for a felony DUI, don’t wait to protect your future. We offer a free consultation to review your case, explain your legal options, and take immediate steps toward reducing the charges. Call (310) 448-1529 now to speak directly with an experienced Los Angeles DUI lawyer.

What Is a Felony DUI in California?

Not all DUI charges are felonies in California. In fact, most DUIs are misdemeanors — unless certain aggravating factors are present. A DUI becomes a felony when:

• It’s your fourth DUI offense within 10 years

• The DUI caused injury or death to another person

• You have a prior felony DUI conviction

• You’re already on probation for a felony DUI or a related offense

Under California Vehicle Code 23153, a DUI that results in injury to another person can lead to serious felony charges, even for first-time offenders. These cases often involve enhancements that can increase prison time and make it harder to qualify for sentence reductions.

If you’ve been charged with felony DUI, understanding the nature of the charge is the first step in building your defense — and potentially getting the charge reduced to a misdemeanor.

Can a Felony DUI Be Reduced to a Misdemeanor?

Yes, in many cases a felony DUI can be reduced to a misdemeanor — especially if the charge is classified as a “wobbler.” A wobbler is a crime that can be prosecuted either as a felony or a misdemeanor, depending on the facts of the case and the defendant’s background.

In California, this reduction is typically sought through a legal motion under Penal Code 17(b). The court has discretion to reduce a felony to a misdemeanor after a preliminary hearing, after probation, or as part of a negotiated plea deal.

To qualify for reduction, your attorney must show the court that:

• The offense is legally eligible for reduction

• You do not pose a continued threat to public safety

• You’ve complied with court orders or probation terms (if applicable)

• A reduction serves the interests of justice

Not all felony DUI charges are eligible for reclassification, and timing is critical. Early involvement by an experienced DUI lawyer can shape how your case is filed — and whether it’s treated as a felony at all.

Why Lowering a DUI Charge Can Change Your Future

Securing a misdemeanor resolution instead of a felony conviction isn’t just about avoiding prison — it can significantly impact your long-term opportunities and quality of life. A felony conviction can follow you for the rest of your life, making it harder to find work, secure housing, or hold onto professional licenses. A misdemeanor, while still serious, carries far fewer long-term consequences.

Here’s what this kind of outcome can mean for you:

• Avoiding Prison Time: Felony DUI convictions can lead to years in state prison. A misdemeanor typically results in county jail time or probation instead.

• Keeping a Felony Off Your Record: Reducing the charge can prevent you from carrying a felony status that appears on background checks for employment, housing, and more.

• Preserving Civil Rights: Felonies in California can result in the loss of gun ownership rights and other civil liberties. A misdemeanor conviction generally does not.

• Improving Eligibility for Expungement: Misdemeanor convictions are more likely to be expunged, giving you the opportunity to clear your record in the future.

In short, avoiding a felony conviction gives you not only legal relief but a second chance to move forward without the weight of a lifelong record.

How the Felony DUI Reduction Process Works

If you’re hoping to get a felony DUI reduced to a misdemeanor, you need to understand that it’s not something the court offers automatically. It has to be requested — and it has to be earned.

In California, most felony DUI reductions happen under Penal Code 17(b). That’s the law that allows a judge to reclassify certain felonies — called “wobblers” — as misdemeanors. But before a judge will even consider this, your attorney must file the right motion, at the right time, and present a convincing argument backed by evidence.

Depending on the facts of your case, the motion to reduce can be filed:

• At sentencing, as part of a plea deal

• After probation has been completed

• Or even later, if your record and conduct support a second look

But this process isn’t guaranteed. The prosecution may fight the reduction. The judge may be skeptical. And if you didn’t have strong representation early on, you may have missed opportunities to preserve your eligibility altogether.

That’s why having an experienced Los Angeles DUI lawyer involved from the beginning can make all the difference. At The Law Offices of Arash Hashemi, we know how to position your case for the best possible outcome — whether that means negotiating a plea, building a strong 17(b) motion, or challenging the original felony filing altogether.

Who Qualifies for a Felony DUI Reduction?

Not everyone facing a felony DUI in California will qualify for a reduction — but many people do, especially if it’s their first felony offense or the circumstances weren’t especially severe. The truth is, the court looks at more than just the charge itself. They want to know who you are, how you’ve responded to the situation, and whether a reduced conviction still serves the interests of justice.

Here are some of the key factors judges consider:

• Your criminal history. If you have no prior felonies or haven’t been in trouble for a long time, that weighs in your favor. On the other hand, multiple prior convictions — especially for DUI or violence — can work against you.

• Your behavior since the arrest. Did you comply with the court’s orders? Complete probation without violations? Enroll in treatment or DUI classes? These are all signs of rehabilitation that can help make your case.

• The facts of the DUI. Not all felony DUIs are the same. If your case didn’t involve serious injuries, reckless driving, or extremely high blood alcohol levels, it may be more appropriate for a misdemeanor charge.

Judges also consider whether you’re employed, support a family, or are otherwise active in your community. These personal details matter — but only if they’re presented effectively. That’s where your attorney comes in.

At our firm, we don’t just file paperwork. We build a persuasive argument backed by evidence, letters of support, and a clear picture of who you are — not just what you were charged with.

Why Early Legal Representation Matters

By the time a case reaches sentencing, many of the most important decisions have already been made. Whether your DUI is charged as a felony or misdemeanor often comes down to what happens early — sometimes within days of your arrest.

Prosecutors have wide discretion in how they file DUI cases. If there’s room for interpretation — for example, if the injuries involved were minor or there’s a lack of prior convictions — a skilled defense attorney can step in and negotiate for misdemeanor charges before the case is even formally filed.

Once a felony is filed, the stakes go up. You may still have options, but you’ll have to fight harder to reverse the trajectory. That’s why contacting a DUI lawyer right away isn’t just helpful — it can be the difference between walking away with a misdemeanor or carrying a felony record for life.

How Our Los Angeles DUI Lawyer Can Help Reduce Your Felony DUI

Whether you’re hoping to lower the charge, avoid jail time, or keep a felony off your record, we know what it takes to build an effective strategy tailored to your case.

We take a hands-on, proactive approach from day one. Our team will:

• Evaluate whether your DUI is eligible for a misdemeanor resolution under Penal Code § 17(b)

• Negotiate with the prosecution before formal charges are filed

• Challenge the initial felony filing through early legal intervention

• File and argue a strong motion for reclassification in court

• Present a full picture of your character and circumstances to support leniency

• Help you prepare for future expungement or record-clearing options

We don’t take a one-size-fits-all approach. Every case we handle is personal — because the outcome affects your career, your family, and your life. If you’ve been charged with felony DUI, you don’t have to face it alone. The earlier we get involved, the more options we have to fight for a better outcome — and keep a felony off your record.

Facing a Felony DUI in Los Angeles? Talk to a DUI Defense Attorney Today

If you’ve been arrested or charged with a felony DUI in Los Angeles, time is not on your side. The earlier you involve a skilled attorney, the more control you have over the outcome — including the opportunity to reduce the charge and avoid the lasting impact of a felony conviction.

Attorney Hashemi brings over 20 years of experience defending DUI and felony cases across Los Angeles. He knows how prosecutors build their cases — and more importantly, how to challenge them.

Your future deserves a strong defense. Call our office today for a free consultation and take the first step toward protecting your rights, your record, and your freedom.

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.

Charged with a Felony Gun Crime in Los Angeles? Here’s How We Can Help You Fight Back

If you’ve been arrested for a felony gun charge in Los Angeles, you’re likely feeling overwhelmed — and for good reason. A felony firearms case can carry serious consequences: state prison time, a permanent ban on owning weapons, a felony record, and in many cases, immigration or professional licensing fallout. But being charged doesn’t mean you’ll be convicted. In fact, many gun cases can be reduced, dismissed, or resolved in a way that protects your record and future — if you act quickly and get the right defense.

At The Law Offices of Arash Hashemi, we’ve spent more than two decades defending clients across Los Angeles County against serious firearm charges. Whether the charge involves an illegal weapon, prior felony status, or allegations of carrying a loaded firearm in public, we know how to challenge the state’s case — and how to help you beat it.

Under California law, felony gun charges can stem from several different situations. Maybe you were found with a firearm in your vehicle. Maybe you have a prior conviction that makes it illegal for you to own one. Or maybe you were stopped, searched, and the gun was found — but the stop wasn’t legal to begin with. Every detail matters.

The first thing we examine is how the firearm was discovered. If police conducted an illegal search — no warrant, no probable cause, or improper traffic stop — we can file a motion to suppress the evidence. If granted, the gun gets thrown out of the case. And without the weapon, the prosecution often has no choice but to dismiss or drastically reduce the charges.

Next, we look at possession and knowledge. In many cases, the gun wasn’t found on you — it was in a car, under a seat, or inside a shared home. That doesn’t automatically mean it was yours. The law requires proof that you knew the gun was there and had control over it. If the DA can’t prove that, there may not be a case at all.

Then there’s the issue of your status as a “prohibited person.” California law prohibits firearm possession by individuals with prior felony convictions, certain domestic violence cases, or active restraining orders. But mistakes happen. We’ve had cases where a client’s prior felony had been reduced to a misdemeanor, or where outdated records showed a ban that no longer applied. If you were wrongly classified, we can challenge the charge at its core.

And finally, we look at whether the gun actually qualifies as an illegal weapon under the law. California has very specific definitions for assault weapons, ghost guns, and firearms with modified features. If the prosecution can’t prove the gun fits that definition — or if it’s a non-operable antique or replica — the case can fall apart.

Even in situations where the firearm was clearly yours and no search issues exist, you still have options. Many felony gun charges are “wobblers,” meaning they can be filed as either a felony or misdemeanor. In some cases, we can negotiate a felony reduction, avoid jail, and keep the offense off your record. For first-time offenders, pretrial diversion or alternative sentencing may be possible.

We also fight hard to protect your immigration status, employment, and future firearm rights. A felony conviction can cause lasting damage far beyond the courtroom — so we build every defense with your long-term interests in mind.

Our approach is aggressive, personal, and tailored to your case. Attorney Arash Hashemi starts by reviewing every detail of the arrest — the stop, the search, the evidence. We speak directly with the prosecutor to identify weaknesses in the case and push for reduction or dismissal. And if it comes to trial, we’re prepared to challenge the charges in court.

Contact our office today to schedule your free consultation. We are located at Westside Towers in Los Angeles and proudly serve clients throughout the greater Los Angeles area — including Santa Monica, Beverly Hills, Culver City, Westwood, Marina del Rey, and surrounding neighborhoods.

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.

If you’ve recently been arrested for drug trafficking in California, the stakes are high — but your case may not be hopeless. A conviction for trafficking can lead to years in prison, thousands in fines, immigration consequences, and a permanent felony on your record. But being charged is not the same as being convicted. With the right legal strategy, it may be possible to get your drug trafficking charge dismissed, reduced, or resolved in a way that protects your freedom and future.

At The Law Offices of Arash Hashemi, we’ve been defending clients in Los Angeles facing serious drug charges for over 20 years. We understand how prosecutors build these cases — and more importantly, how to break them down. Whether you were accused of transporting drugs, caught during an undercover operation, or charged after a traffic stop, the reality is that many drug trafficking cases are built on assumptions, circumstantial evidence, and aggressive police tactics.

In California, drug trafficking charges are often filed under Health & Safety Code §11352 or §11379. You don’t have to be caught in the middle of a deal — just having a large quantity of a controlled substance, plus things like cash, baggies, scales, or multiple phones, can be enough for prosecutors to assume you intended to sell. But assumptions aren’t facts. And if the evidence was illegally obtained or misinterpreted, your entire case may be vulnerable to challenge.

One of the first things we look at in every trafficking case is how the drugs were found. Knowing how to beat a drug trafficking charge often starts with challenging how the evidence was collected. Were your Fourth Amendment rights violated? Did officers search your car, home, or person without a warrant or probable cause? If so, our criminal defense attorney may be able to suppress the evidence entirely — which can result in the case being dismissed.

In other cases, the issue is whether the drugs even belonged to you. Were you riding in someone else’s car? Was the property shared? Did someone else place the drugs near you or in your luggage? If prosecutors can’t prove you had knowledge and control, they don’t have a case for trafficking.

Even if the drugs were yours, it doesn’t automatically mean you intended to sell. We often push back against overcharging, especially when there’s no strong proof of distribution — no controlled buys, no text messages, no cash transactions. Just possession alone may qualify you for a much less serious charge, or even for a diversion program if you’re eligible.

And in federal cases — which often come with mandatory minimums — we take an aggressive, early approach to avoid indictments or negotiate favorable resolutions. Federal drug laws are harsh, but mistakes in investigation, lack of conspiracy evidence, or errors in the quantity calculation can open the door to real defense opportunities.

Our job isn’t just to know the law — it’s to use it strategically to protect your rights. When you hire our firm, Attorney Arash Hashemi personally reviews every detail of your case. We look at how the stop happened, what the officers did, what evidence the prosecution has (and what they don’t), and how to challenge the narrative. That might mean filing a motion to suppress, negotiating for reduced charges, or preparing for trial to get the best possible result.

We know how frightening these charges are — especially if you’re facing jail time, immigration issues, or a damaged future. We’ve helped hundreds of people walk away from drug charges with reduced penalties, clean records, or no conviction at all.

If you or someone you care about is facing a drug trafficking charge in Los Angeles, don’t wait to seek legal help. The sooner our drug crime lawyer gets involved, the more options we have to protect your rights and build a strong defense from day one.

Contact The Law Offices of Arash Hashemi today to schedule your free consultation. Our office is located at Westside Towers in Los Angeles, and we proudly represent clients throughout the greater Los Angeles area — including Santa Monica, Beverly Hills, Culver City, Westwood, Marina del Rey, and nearby communities.

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.

What Is the Difference Between Robbery and Extortion Under California Law?

Criminal activities like robbery and extortion are two of the most commonly prosecuted theft-related offenses in California—and while they can sometimes overlap in a single case, they are legally distinct crimes with very different elements.

At their core, both involve unlawfully obtaining money, property, or something of value. But robbery involves immediate force or fear during a direct encounter, such as a mugging or holdup. Extortion, by contrast, is carried out through threats or coercion—often without physical confrontation, and sometimes without even being face-to-face with the victim.

These differences are more than technicalities. Robbery is considered a violent felony and qualifies as a strike offense under California’s Three Strikes Law, carrying significant sentencing enhancements. Extortion, while it may not involve physical violence, is still a serious felony and can result in years of prison time—especially if threats are made against public officials or tied to organized activity.

Understanding the legal definitions and distinctions between these two crimes is crucial—especially for anyone under investigation, arrested, or facing charges in connection with either.

Legal Definition of Robbery Under California Law

Under California Penal Code 211, robbery is defined as the taking of personal property from another person’s immediate possession, against their will, and accomplished by means of force or fear. The property must be taken with the intent to permanently deprive the owner of it.

Legal Elements of Robbery:

To secure a robbery conviction, prosecutors must prove:

1. The defendant took property that was not their own;

2. The property was in the immediate presence of the victim;

3. The property was taken against the victim’s will;

4. Force or fear was used to accomplish the taking;

5. The defendant intended to permanently deprive the victim of the property.

Robbery is always charged as a felony in California. The penalties vary depending on the circumstances:

• First-degree robbery (e.g., robbery of an inhabited dwelling, driver of a vehicle, or ATM user):
  Punishable by 3, 4, or 6 years in state prison.

• Second-degree robbery (all other forms):
  Punishable by 2, 3, or 5 years in prison.

Robbery is also a strike offense under California’s Three Strikes Law, which can significantly increase sentencing for repeat offenders. Enhancements may apply if a weapon was used or if the crime involved multiple victims.

Legal Definition of Extortion Under California Law

Extortion is governed by California Penal Code 518, which defines it as the unlawful use of force, fear, or threats to compel another person to give up property, money, or to compel a public official to act (or refrain from acting) in an official capacity. Unlike robbery, extortion doesn’t always require immediate confrontation or physical presence—what matters is the use of coercion to obtain consent.

Legal Elements of Extortion:

To prove extortion, prosecutors must establish:

1. The defendant threatened to unlawfully injure the victim or their property, accuse them of a crime, or expose a secret;

2. The threat was intended to compel the victim to give something of value or perform an act;

3. The victim consented to the defendant’s demand due to the threat;

4. As a result, the victim complied with the demand.

The threat may be verbal, written, or implied through conduct. Even if the defendant never actually intended to carry out the threat, the crime of extortion is complete once the victim complies due to fear.

Common Forms of Extortion:

• Blackmail: Threatening to expose embarrassing or damaging information unless money is paid.

• Extortion of a Public Official: Coercing a public servant to take or refrain from taking official action.

• Cyber Extortion: Using email or online platforms to threaten the release of private data unless paid.

Penalties for Extortion in California:

Extortion is charged as a felony, and the consequences include:

• 2, 3, or 4 years in state prison;

• Fines of up to $10,000;

• Potential sentencing enhancements for aggravated circumstances (e.g., gang involvement or use of weapons).

Attempted extortion—where the demand is made but not fulfilled—can also lead to felony charges under Penal Code 524, carrying up to one year in jail or 16 months, 2, or 3 years in prison.

Key Legal Differences Between Robbery and Extortion

Robbery and extortion are both felony theft crimes under California law, but the way each crime is committed—and how the law treats them—differs substantially. These differences impact not only how prosecutors file charges, but also how courts evaluate guilt, sentencing, and defenses.

Here’s a breakdown of the core legal distinctions:

The primary difference lies in how the property is obtained. Robbery depends on the use of immediate force or fear during a face-to-face confrontation, often with physical violence. Extortion, by contrast, uses threats or coercion to compel someone to give up property—often at a later time or through non-physical means. Both are serious felonies in California, but they carry different legal implications and defenses.

Real-World Scenarios: How Robbery and Extortion Differ in Practice

Scenario 1: A Crime That Involves Both Robbery and Extortion
Jason confronts a local store owner, threatens him with a knife, and demands cash on the spot—classic robbery. But before leaving, Jason warns the owner that unless he receives a weekly payment, he’ll return and harm the owner’s family. That second threat? Extortion. This scenario involves both crimes: the immediate use of force (robbery) and a future threat designed to gain ongoing payments (extortion). Prosecutors could charge Jason with both offenses because they occurred at different points in time and involve separate legal elements.

Scenario 2: Extortion Without Violence
Maria discovers that a coworker has been engaging in fraudulent billing at their company. She threatens to report him to HR and law enforcement unless he gives her $10,000 to “stay quiet.” There’s no weapon, no physical confrontation, and the threat is entirely verbal and conditional—but it’s still extortion under California law. Maria is using fear of exposure (a reputational and legal consequence) to obtain money she’s not entitled to.

Scenario 3: A Straightforward Robbery
During a late-night walk, Alan is approached by someone who says, “Give me your wallet or I’ll break your jaw.” Alan hands it over without resistance. The entire interaction lasts 30 seconds. No weapon is shown, but the threat of immediate physical violence is enough to qualify as robbery under Penal Code 211. The key here is that there was no consent and the fear was direct and immediate.

Common Misconceptions About Robbery and Extortion

• “If the victim gave up the money, it wasn’t robbery.”
  False. In robbery, the victim may hand over money or property due to fear, but the law considers this lack of true consent. Even passive compliance during a threatening encounter can still qualify as robbery under California law.

• “Extortion always involves blackmail.”
  Not always. While blackmail is a common form of extortion, the offense covers a broader range of threats—including threats to harm, accuse someone of a crime, or expose damaging information—used to obtain money, property, or services.

• “There has to be a weapon involved in robbery.”
  Incorrect. While weapons often increase the severity of a robbery charge (turning it into armed robbery), a weapon is not required. The use of force or fear alone—such as grabbing someone or threatening bodily harm—is sufficient.

• “Extortion is a less serious offense.”
  Not necessarily. Though robbery typically carries harsher sentences due to the use of immediate force, extortion charges can also result in felony convictions, prison time, and strike enhancements if aggravating factors are present.

• “You can’t be charged with extortion if the threat wasn’t carried out.”
  Wrong. The crime of extortion is complete the moment the threat is made and a wrongful demand is issued, regardless of whether the person follows through or actually receives the property.

Charged with Robbery or Extortion in Los Angeles? Speak with a Criminal Defense Attorney Today

If you’ve been arrested for robbery, extortion, or a related felony in Los Angeles, the stakes are high—and the legal differences between these charges can have a major impact on your case. Both offenses carry serious consequences, including prison time, strike enhancements, and long-term damage to your record. But just because you’re charged doesn’t mean you’re convicted.

At The Law Offices of Arash Hashemi, we’ve spent over 20 years defending clients accused of violent and white collar crimes across Los Angeles County. Attorney Hashemi understands how prosecutors charge and classify these offenses—and how to challenge weak evidence, unlawful police conduct, or overcharging that doesn’t match the facts.

Whether you’re facing allegations of armed robbery, attempted extortion, or accusations based on a misunderstanding or coercion, our firm will act quickly to protect your rights and 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 Criminal Defense Firm Protecting Professionals Accused of White Collar Crimes

If you’ve been accused of a white collar crime in California, it’s easy to feel like the deck is stacked against you. These are not minor offenses — they’re serious felony charges that can cost you your career, destroy your reputation, and result in years behind bars. Whether you’re being investigated by your employer, the government, or federal agencies, what you do next matters. And the truth is, the earlier you act, the better your chance of avoiding prosecution or minimizing the damage.

At The Law Offices of Arash Hashemi, we’ve been handling white collar criminal defense in Los Angeles County for over two decades. Whether you’re facing charges for embezzlement, wire fraud, forgery, tax evasion, or any other financial crime, we know how to fight back — and how to protect everything you’ve worked for.

What makes white collar cases especially challenging is the way they’re investigated. These cases are rarely based on a single moment or piece of evidence. They involve months (or years) of financial records, emails, transaction histories, interviews, and surveillance. Prosecutors often build their cases quietly, and by the time charges are filed, they believe they have everything they need to convict you. That’s why early legal intervention is key. If you’ve been contacted by investigators, subpoenaed, or simply believe you’re under scrutiny — do not wait. Speaking with a white collar criminal attorney now could prevent criminal charges later.

The foundation of any effective white collar criminal defense strategy is simple: break down the government’s assumptions. Most of these charges require proof of criminal intent — that you knowingly and willfully set out to defraud or steal for personal gain. But prosecutors often overreach. We’ve seen cases where bad accounting, honest mistakes, or poor communication were misinterpreted as criminal conduct. Our job is to challenge the prosecution’s evidence, question their narrative, and dismantle their theory — one element at a time.

We also focus on how the evidence was obtained. Many white collar investigations involve invasive searches, overbroad subpoenas, or aggressive use of confidential witnesses. If your rights were violated during the investigation — for example, through an illegal search or improper interrogation — we move to suppress that evidence and weaken the government’s case from the start. Our firm works with experienced financial experts, forensic accountants, and investigators to expose flaws in the prosecution’s timeline, calculations, or assumptions.

In some cases, the best outcome comes before charges are ever filed. We act early — contacting the District Attorney or U.S. Attorney, providing context or explanation, and in some cases negotiating a civil resolution or restitution agreement. For first-time offenders and non-violent white collar allegations, it may be possible to avoid criminal court altogether through diversion programs or creative settlements. And even when formal charges are filed, our goal is always the same: protect your reputation, avoid jail, and keep your record clean.

We understand that people facing white collar criminal charges often feel isolated and overwhelmed. You may be unsure who to trust, what to say, or how bad things really are. That’s where we come in. When you contact our office, Attorney Arash Hashemi will personally review your situation, explain the risks and options, and immediately begin crafting a strategy designed for your protection. We don’t wait for court dates. We act now — demanding discovery, challenging allegations, and preparing your defense before the prosecution gains ground.

As a Los Angeles white collar crime lawyer with over 20 years of courtroom experience, Attorney Hashemi knows what it takes to protect clients accused of high-stakes financial crimes. Whether you’re facing charges in state court or in the U.S. District Court for the Central District of California, we know how to navigate the system, negotiate when appropriate, and go to trial when necessary.

Our white collar criminal defense firm has helped clients:

• Avoid arrest entirely through pre-charge intervention

• Get felony charges reduced to misdemeanors

• Win case dismissals based on lack of evidence or unlawful search

• Avoid jail time through diversion or probation

• Protect their professional licenses and careers from lasting damage

If you’re searching for real answers — and real legal protection — now is the time to act. We represent clients throughout Los Angeles, including Santa Monica, Westwood, Beverly Hills, and Culver City. Whether you’ve already been arrested or are under investigation, we’re ready to step in and fight for you. At The Law Offices of Arash Hashemi, we are committed to securing the best possible results in every case we take. Contact our office today  or schedule your free consultation online to get started. The sooner we get involved, the more options we have 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.

Being charged with criminal conspiracy in California can feel like a legal trap. You might not have committed the actual crime — but if the state believes you “agreed” to it, you’re now facing felony charges, years in prison, and a serious criminal record. Many people are blindsided when they’re arrested or questioned about a conspiracy case, especially if their alleged role was minor, indirect, or based entirely on someone else’s word.

But here’s what you need to know: a conspiracy charge is often easier to file than it is to prove. Prosecutors need to show more than just association or bad timing — they need evidence that you knowingly agreed to commit a crime with at least one other person, and that someone took a concrete step toward making that crime happen.

At The Law Offices of Arash Hashemi, we’ve been defending clients against serious felony charges in Los Angeles for over 20 years — including conspiracy cases that involved drug offenses, theft rings, fraud, and even alleged violent plots. Whether you’re under investigation, already arrested, or named in a warrant, we can help you fight back and protect your future.

In California, conspiracy is charged under Penal Code § 182, which makes it a separate crime to plan a criminal act with others — even if the crime itself never happens. In fact, you can be charged with conspiracy without ever touching a weapon, stealing anything, or personally committing the underlying offense.

So how do you fight back?

First, we look at intent and agreement. Prosecutors have to prove that you knowingly agreed to commit a crime — not just that you were present, aware, or friends with someone who did. If you were at the wrong place at the wrong time, or if someone else falsely implicated you to protect themselves, we challenge those assumptions head-on.

Next, we scrutinize the “overt act” requirement. For a conspiracy conviction, someone — not necessarily you — must have taken a clear step to further the crime. That can be as simple as buying tools, making a phone call, or scouting a location. But vague or speculative acts aren’t enough. If the prosecution can’t connect a real action to a real plan, the case starts to fall apart.

We also look for entrapment or coercion, especially in cases involving undercover officers or confidential informants. If law enforcement pushed you into saying or doing something you wouldn’t have done otherwise, or used deceptive tactics to create the crime, we can raise that as a legal defense.

In some cases, conspiracy charges are built entirely on text messages, group chats, or recorded calls. We examine the context, timing, and language — and if needed, bring in experts to show that what’s being interpreted as a “criminal plan” was vague, sarcastic, taken out of context, or not enough to support a felony conspiracy case.

And just as important — we fight the underlying charge. Because if the “target crime” isn’t provable (like drug sales, theft, or assault), the conspiracy charge may not hold up either.

The penalties for conspiracy vary depending on the underlying offense. If you’re accused of conspiring to commit a felony — like robbery, fraud, or drug trafficking — you can face the same punishment as if you’d committed the crime itself. That can mean multiple years in prison, strike enhancements under California’s Three Strikes Law, immigration consequences, and more. But even in serious cases, we’ve helped clients:

• Get charges reduced to misdemeanors

• Qualify for probation or diversion

• Win full dismissals based on lack of evidence

Our job is to push back on the assumptions. Just because someone said your name, or your number showed up in a group text, doesn’t mean the state can prove you intended to commit a crime. Prosecutors often overreach in conspiracy cases — and we hold them accountable.

When you contact our office, we’ll sit down with you — confidentially — and review everything the prosecution has (or doesn’t have). We’ll explain the charges, your rights, and every available defense strategy. If law enforcement wants to talk to you, we step in immediately. If you’ve already been charged, we file aggressive motions to suppress weak evidence, exclude unreliable witnesses, and attack the foundation of the case.

And through every step of the process — from arraignment to possible dismissal — Attorney Arash Hashemi fights to keep you out of jail, protect your record, and restore your peace of mind.

Contact our office today to schedule your free consultation. We are located at Westside Towers in Los Angeles and proudly serve clients throughout the greater Los Angeles area — including Santa Monica, Beverly Hills, Culver City, Westwood, Marina del Rey, and surrounding neighborhoods.

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.

If you’ve been arrested for DUI in California, you’re probably feeling a mix of fear, confusion, and frustration. You’re not alone. DUI arrests happen every day — but that doesn’t mean every case is open and shut. Whether this is your first offense or you’ve been through the system before, you have options. And with the right legal strategy, it may be possible to beat the charge, avoid jail time, and protect your record.

At The Law Offices of Arash Hashemi, we’ve been defending DUI cases in Los Angeles County for over 20 years. Our experienced DUI Lawyer know how local prosecutors handle these cases — and how to challenge their evidence at every level.

A DUI charge under California Vehicle Code § 23152 can lead to serious consequences: fines, license suspension, DUI school, probation, and even jail. But not every arrest leads to a conviction. The burden is on the state to prove that you were driving under the influence — and that the evidence was lawfully obtained and reliable. That’s where we step in.

The first step in beating a DUI in California is identifying the weaknesses in the case against you. We start by asking: Did the officer have a legal reason to stop you? Were your rights violated during the arrest? Was the field sobriety test administered properly? Are the blood or breath test results accurate — and admissible?

Police officers often rely on subjective observations: “bloodshot eyes,” “slurred speech,” or “smell of alcohol.” These are open to interpretation and often contradicted by other facts. Field sobriety tests are flawed — even sober people fail them. And breathalyzer machines? They’re known to produce false positives due to everything from improper calibration to residual mouth alcohol.

Blood tests aren’t foolproof either. Chain of custody issues, lab errors, or delayed testing can create reasonable doubt. In many DUI cases, we file motions to suppress the evidence — and when those motions are granted, the prosecution’s entire case can fall apart.

Even if your blood alcohol content (BAC) was above the legal limit, that doesn’t automatically mean you’ll be convicted. We’ve had DUI charges reduced or dismissed by challenging the timing of the test, medical conditions, alcohol absorption rates, and flawed police procedures.

And if your case can’t be dismissed entirely, we negotiate to get you the most favorable outcome: a reduced charge, no jail, and the minimum penalties possible. For many first-time offenders, we pursue diversion or alternative sentencing — like community service, alcohol education, or probation — that avoids a criminal conviction and protects your future.

Our goal is to protect your license, your record, and your freedom. That includes representing you at both the criminal court and DMV hearing. Most people don’t realize that after a DUI arrest, you only have 10 days to request a DMV hearing or your license will be automatically suspended. We handle that process for you — and fight to keep you on the road.

When you hire our firm, Attorney Arash Hashemi personally reviews your case, walks you through your options, and begins building a strategic defense based on the specific facts of your arrest. We don’t use cookie-cutter strategies — every DUI case is different, and we treat it that way.

Being arrested for DUI doesn’t mean you’re guilty. It means the state has accused you — and it’s our job to fight back. We challenge the stop, the tests, the arrest, and the assumptions. And we do it with the skill and urgency that comes from two decades of experience defending clients in Los Angeles courts.

Contact our office today to schedule your free, confidential consultation. We are located at Westside Towers in Los Angeles and proudly serve clients throughout the greater Los Angeles area — including Santa Monica, Beverly Hills, Culver City, Westwood, Marina del Rey, and surrounding neighborhoods.

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.

Charged with a Misdemeanor Drug Offense in Los Angeles? Here’s How to Beat It

If you’ve recently been arrested for a misdemeanor drug charge in California, there’s no need to panic — but there is a need to act fast. A charge like this may feel overwhelming, especially if it’s your first encounter with the criminal justice system. You might be wondering what your options are, how serious the penalties could be, and — most importantly — whether it’s possible to avoid a conviction altogether.

The good news? In many cases, it is possible to beat a misdemeanor drug charge — or at the very least, reduce the impact it has on your life. But it takes more than hoping things will work out. It takes a smart, strategic legal defense — and that starts with hiring the right attorney.

At The Law Offices of Arash Hashemi, we’ve spent more than 20 years helping people charged with drug offenses in Los Angeles County get their charges reduced, dismissed, or resolved in a way that avoids jail and keeps their records clean. Whether you were arrested for simple possession, caught with paraphernalia, or accused of having a controlled substance without a prescription, the reality is this: not every drug charge leads to a conviction — and not every case is as strong as prosecutors claim.

A misdemeanor drug charge in California can carry up to a year in jail, fines, probation, and a permanent criminal record. But for many people, especially first-time offenders, the law offers opportunities to avoid jail, avoid a conviction, and move forward without lasting damage. The key is knowing how to take advantage of those opportunities — and fighting hard when the facts of your case support it.

Some drug charges can be dismissed outright if the evidence was obtained illegally — for example, during an unlawful traffic stop or search. If your rights were violated by law enforcement, your attorney can file a motion to suppress the evidence, which may result in the entire case being thrown out. In other situations, the issue might be whether the drugs even belonged to you. If the police found something in a shared car or apartment, or if someone else placed drugs near you, the prosecutor has the burden of proving that you knew about the drugs and had control over them — and that’s not always easy to do.

Even in cases where the evidence is solid, there are alternatives to conviction. California courts offer diversion programs for many misdemeanor drug offenses. These programs allow eligible defendants to complete counseling or education instead of going to jail — and once the program is successfully completed, the charge is dismissed. It’s as if the arrest never happened. No conviction. No record. No jail.

Our Los Angeles criminal attorney understands that what you’re facing isn’t just a legal issue — it’s a personal crisis. A drug charge, even a misdemeanor, can threaten your job, your reputation, your immigration status, and your peace of mind. That’s why we treat every case with urgency, discretion, and the full weight of our legal experience.

When you contact our office, Attorney Arash Hashemi will personally sit down with you to review what happened. We’ll talk about the facts, the arrest, the charges, and any prior history that may affect your case. We’ll then lay out your best legal options, explain how the court process works, and start building a strategy designed to protect you from the worst-case scenario.

Sometimes, we’re able to resolve cases without the client ever stepping into a courtroom. Other times, we go to battle in court to challenge the evidence and push for dismissal. Either way, you’ll know we’re fighting for your best possible outcome — whether that’s a reduction, a diversion, or a full dismissal of the charges.

If you or someone you care about is facing a misdemeanor drug charge in Los Angeles, don’t wait until your court date to get help. The sooner we start working on your defense, the better your chances of avoiding jail, protecting your record, and getting on with your life.

Contact our office today to schedule your free consultation with our experienced drug crime attorney. We are located at Westside Towers in Los Angeles and proudly serve clients throughout the greater Los Angeles area — including Santa Monica, Beverly Hills, Culver City, Westwood, Marina del Rey, and surrounding neighborhoods.

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.

How to Settle a White Collar Crime Case Before Trial in California

If you’re being investigated or have already been charged with a white collar crime in California, you may be asking one critical question: Can I avoid going to trial?

In many cases, the answer is yes.

White collar offenses like fraud, embezzlement, identity theft, or bribery don’t always end up in front of a jury. In fact, a significant number of these cases are resolved quietly through early legal negotiation — long before the courtroom becomes a factor. With the right legal strategy, it may be possible to protect your record, your license, and your professional reputation without ever stepping inside a courtroom.

At The Law Offices of Arash Hashemi, we’ve helped professionals, executives, and business owners throughout Los Angeles settle white collar cases before trial — often through pre-filing intervention, restitution agreements, or favorable plea deals.

If you’ve been accused of a white collar offense and want to avoid a public courtroom battle, we offer a free consultation to review your case, explain your options, and help you take control of the outcome. Call (310) 448-1529 to speak directly with our office today.

Why Most Professionals Charged with White Collar Crimes Want to Avoid Trial

For many people accused of white collar crimes, the courtroom is the last place they want to end up. Trials are more than just legally risky — they’re public, time-consuming, and deeply disruptive to your personal and professional life.

If you’re a doctor, executive, entrepreneur, or licensed professional, even the accusation of fraud or embezzlement can jeopardize everything you’ve built — your reputation, your career, your financial future, and in some cases, your freedom.

Avoiding trial isn’t about avoiding accountability — it’s about minimizing damage, protecting your name, and resolving the matter as quietly and efficiently as possible.

You may be able to settle your case before it ever reaches court if:

• You’re a first-time offender with no criminal record

• The prosecution’s case is weak, circumstantial, or incomplete

• Restitution is possible and you’re willing to make things right

• You have an experienced defense attorney negotiating on your behalf

We focus on getting ahead of the charges — not reacting to them after it’s too late. If trial isn’t in your best interest, we’ll fight for a resolution that protects your future.

Pre-Filing Intervention: Stopping Charges Before They’re Filed

If you’ve been contacted by law enforcement, received a subpoena, or learned you’re under investigation — but haven’t been charged — this may be the most important window of opportunity in your case.

At this stage, your defense attorney may be able to intervene directly with state or federal prosecutors to resolve the matter before it escalates. In many white collar cases, early legal action can prevent charges from ever being filed.

Our firm has successfully stepped in during the investigation phase to:

• Present mitigating or exculpatory evidence

• Clarify misunderstandings or financial discrepancies

• Negotiate reduced charges or alternative outcomes

• Propose restitution or corrective action as a resolution

This strategy can be especially effective when:

• The situation stems from a business dispute, not intentional fraud

• You were unknowingly involved in someone else’s scheme

• There’s a legitimate explanation for the conduct in question

• You’re willing to cooperate or make financial restitution

If your matter is still being reviewed by the District Attorney, U.S. Attorney’s Office, or another agency, do not wait. Pre-filing intervention may be your best chance to resolve the issue quietly — without arrest, public record, or a damaging courtroom process.

Can You Avoid Conviction Through Diversion or Deferred Prosecution?

For many first-time white collar defendants, there may be a path forward that doesn’t involve jail or a public trial. California — and in some cases, the federal system — offers alternatives to traditional prosecution that can keep your record clean if handled correctly.

Pretrial Diversion (PC 1001.95 or PC 1000)

If your case qualifies, you may be eligible to complete a set of court-approved conditions — such as financial counseling, restitution, or community service — in exchange for having the case dismissed. When successfully completed, no conviction appears on your record.

Deferred Prosecution Agreements (DPAs)

In federal cases, your attorney may be able to negotiate a Deferred Prosecution Agreement — an arrangement where the government agrees to postpone prosecution as long as you meet certain terms. This could include repayment, cooperation, or participation in compliance programs. If all terms are met, the case may be closed without a conviction.

These options are most often available to:

• First-time offenders

• Individuals not accused of violent or organized criminal conduct

• Those willing to repay losses or comply with program terms

• Clients represented by a lawyer who understands how to negotiate alternatives early

If you’re facing charges for fraud, embezzlement, or another financial crime, ask your attorney whether diversion or deferred prosecution is on the table. It could be the key to protecting your future, career, and reputation — without ever going to trial.

Settling Your White Collar Case Through a Strategic Plea Deal

Even if formal charges have already been filed, going to trial is not your only option. In many white collar cases, your attorney can still negotiate a resolution that avoids jail, reduces the charges, or protects your career from long-term damage.

With the right strategy, a plea agreement can result in:

• A reduction from a felony to a misdemeanor

• Avoiding jail through probation, electronic monitoring, or home detention

• Dismissal of certain charges to limit your exposure and record

• Protection of professional licenses and credentials

• Immigration-conscious outcomes for non-citizens

This approach is especially effective in cases involving:

• Fraud or forgery

• Embezzlement or employee theft

• Misuse of government funds or benefits

• Bribery, kickbacks, or unethical financial conduct

We don’t settle just to close a case — we negotiate from a position of strength. That means investigating weaknesses in the prosecution’s evidence, identifying legal defenses, and showing prosecutors why a more favorable outcome is in everyone’s best interest.

If you’re already charged and worried about the consequences of a conviction, a well-crafted plea deal may be the most practical and discreet way to move forward.

Facing Federal Charges? Early Action Can Make the Difference

Federal white collar investigations are serious — and often begin long before you realize you’re a target. You might receive a target letter, a grand jury subpoena, or even a surprise visit from federal agents. These early steps often signal that prosecutors are building a case — and you need experienced legal counsel immediately.

Federal charges are typically handled by powerful agencies like the FBI, IRS, SEC, or Department of Justice, and the penalties can include lengthy prison sentences, massive fines, and permanent damage to your reputation.

Attorney Hashemi represents professionals and business owners in complex federal cases, including:

• Wire fraud and mail fraud

• PPP loan fraud and SBA loan misuse

• Medicare, Medicaid, or insurance billing fraud

• Insider trading and securities fraud

• Tax fraud and evasion

• Bribery, corruption, and public integrity offenses

Federal prosecutors may be open to early resolution — but only if your attorney gets involved before formal charges are filed. In many cases, we can enter pre-indictment negotiations to:

• Avoid criminal charges entirely

• Negotiate a non-prosecution or deferred prosecution agreement

• Secure a civil or financial settlement in lieu of a criminal trial

If you’ve received a subpoena, target letter, or believe you’re under federal investigation, don’t wait. The earlier we act, the more options you may have to quietly resolve the matter and protect what you’ve built.

Should You Settle or Go to Trial?

Not every white collar case is meant to be settled — and not every client is best served by a quiet resolution.

If the allegations against you are exaggerated, the prosecution’s evidence is weak, or your rights were violated during the investigation, fighting the charges may be the most effective path forward. But the key is knowing when — and how — to push back.

Our firm approaches every case with trial-level preparation from day one. This allows us to negotiate from a position of strength — because prosecutors know we’re ready to go the distance if needed. Whether your case is headed toward resolution or trial, our goal is the same: protect your reputation, your freedom, and your future.

We fight aggressively to:

• Challenge the government’s evidence

• Suppress unlawfully obtained materials

• Expose investigative errors or overreach

• Present a clear, compelling defense narrative

If you’re unsure whether to settle or stand your ground, our office can review your case and help you make an informed decision — based on facts, strategy, and your long-term goals.

Under Investigation or Facing Charges? Speak with a Los Angeles White Collar Crime Attorney Today

If you’re being investigated for a white collar offense — or have already been charged — what you do next can shape the entire outcome of your case. Whether you’re aiming to settle quietly or need to prepare for a courtroom fight, early legal intervention can make all the difference.

Attorney Hashemi brings over 20 years of experience defending clients in high-stakes financial crime cases throughout Los Angeles. He will sit down with you, analyze your situation, and discuss a strategy tailored to your goals — whether that’s avoiding charges, negotiating a resolution, or taking your case to trial.

Let us help you protect your future, your career, and your reputation — starting today.

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.

Constructive possession happens when someone is charged with having control over illegal drugs, even if they were not physically holding them. Prosecutors in California — and especially in Los Angeles County — often rely on this legal theory to file drug possession charges when drugs are found in homes, vehicles, or other shared spaces.

In these cases, the prosecution does not need to prove that you had drugs in your pocket or on your person. Instead, they only need to show that you knew the drugs were present and had the ability or intent to control them. This is known as constructive possession of drugs, and it plays a major role in many drug crime prosecutions across California.

Facing constructive possession drugs charges is serious. A conviction can lead to jail time, probation, immigration consequences, professional license suspension, and a permanent criminal record.

At The Law Offices of Arash Hashemi, our experienced Los Angeles drug crime lawyer understands how prosecutors build constructive possession cases — and more importantly, how to fight them. If you are under investigation or already charged with drug possession in Los Angeles, it’s critical to understand how this legal concept works and what defenses may be available.

What Is Constructive Possession of Drugs in California?

In California drug crime cases, constructive possession refers to a situation where you are accused of having control over illegal substances, even if you did not physically possess them at the time of your arrest. Prosecutors only need to prove that you knew the drugs were present and had the ability or intent to exercise control over them.

What does constructive possession mean under California law? It means prosecutors can charge you even if the drugs were not on your person, as long as they can show you had access to or control over them.

California law divides possession into two main categories:

• Actual Possession — You physically have the drugs on your body or in something you are carrying, such as your pocket, backpack, or jacket.

• Constructive Possession — You do not have the drugs physically on you, but you have access to them or the right to control them. For example, drugs found in your car, your bedroom, or a personal locker can form the basis for a constructive possession of drugs charge.

Key point:
You don’t have to be holding or directly touching the drugs to be charged with possession. Prosecutors must only show that you knew about the drugs and had the ability to control their location or movement.

How Prosecutors Prove Constructive Possession of Drugs

Prosecutors typically rely on circumstantial evidence to build a constructive possession case. This can include:

• Drugs found in your bedroom, personal safe, or car

• Drugs found with your personal items (wallet, ID, phone)

• Fingerprints or DNA on drug packaging

• Statements you made admitting knowledge of the drugs

• Witness testimony linking you to the drugs

Important:
Simply being near drugs — like riding in a car where drugs are found — is not enough by itself to prove constructive possession.
The prosecution must prove you knew about the drugs and had control over them.

Can You Be Charged for Drugs Without Possession in California?

Yes — this is exactly what happens in constructive possession drugs cases. Even if the drugs are not physically on you, prosecutors can charge you if they believe you had knowledge of the drugs and the ability to control them. This is why constructive possession is often charged in cases where drugs are found in shared spaces, vehicles, or residences.

Examples of Constructive Possession of Drugs

Example 1:
Police find drugs hidden inside your car’s center console. Even if you weren’t holding the drugs, if the car is registered to you and you’re the driver, you could be charged with constructive possession.

Example 2:
During a probation search, officers find drugs inside your closet at your home. If they can link the closet to you personally, you may face constructive possession of drugs charges.

Example 3:
You’re visiting a friend’s apartment where drugs are present. If the drugs are hidden in a common area and there’s no evidence connecting you to them, constructive possession would be much harder for the prosecution to prove.

Penalties for Constructive Possession of Drugs in California

The consequences of a drug possession conviction in California depend on several factors — including the type and quantity of drugs involved, your criminal history, and whether there is evidence of intent to sell. Even for a first offense, penalties can be severe and carry lasting effects.

Here’s how the law typically breaks it down:

Simple Possession for Personal Use
(Health and Safety Code § 11350 or § 11377)

• Applies to drugs like methamphetamine, cocaine, heroin, and certain prescription medications without a valid prescription.

• Penalty: Usually charged as a misdemeanor, punishable by up to 1 year in county jail, probation, and/or mandatory drug counseling.

Possession with Intent to Sell
(Health and Safety Code § 11351 or § 11378)

• Charged when there is evidence suggesting distribution or sales (e.g., large quantities, packaging materials, cash).

• Penalty: Felony offense punishable by 16 months, 2 years, or 3 years in county jail or state prison, depending on the circumstances.

Diversion Programs (Alternative Sentencing Options)

• First-time, non-violent offenders may qualify for pretrial diversion programs under Penal Code § 1000 or Proposition 36.

• Successful completion of a program can lead to dismissal of the charges, avoiding a criminal conviction.

How Do You Beat a Constructive Possession of Drugs Charge?

There are several effective legal defenses to fight constructive possession of drugs charges in California. The best defense will depend on the facts of the case — including where the drugs were found, who had access to the area, and whether law enforcement followed proper procedures. An experienced drug crime lawyer will carefully analyze the evidence and aggressively challenge any weaknesses in the prosecution’s case.

Lack of Knowledge: No Awareness of the Drugs

One of the most common defenses is arguing that the accused had no knowledge the drugs were present. If the prosecution cannot prove beyond a reasonable doubt that the defendant was aware of the controlled substances, the charge of constructive possession cannot stand.

No Control or Access to the Drugs

A strong defense may also show that the defendant did not have the ability to control or access the drugs. If the substances were found in a location that the defendant could not enter — such as a locked room or someone else’s private belongings — this undermines the claim of constructive possession.

Shared Access Creates Reasonable Doubt

In situations where multiple people had access to the area where the drugs were found — such as a shared apartment, vehicle, or common space — it becomes more difficult for prosecutors to prove that any one person exercised control over the drugs. Demonstrating shared access can introduce reasonable doubt and weaken the state’s case.

Illegal Search and Seizure Violations

If police conducted an illegal search — without a valid warrant, without probable cause, or in violation of Fourth Amendment protections — any evidence found may be inadmissible in court. If the drugs were obtained through an unlawful search or seizure, the entire case could be dismissed.

Third-Party Ownership of the Drugs

Another potential defense involves showing that the drugs belonged to someone else. If credible evidence suggests that another person had ownership or control of the substances, this can seriously undermine the allegation of constructive possession.

Attorney Arash Hashemi carefully examines every detail of the case — from the legality of the search to whether prosecutors can actually connect you to the drugs — and aggressively challenges any weak, circumstantial, or speculative evidence. Every potential defense is explored to maximize your chances of achieving the best possible outcome.

Arrested for Constructive Possession of Drugs in Los Angeles? Speak With a Drug Crime Lawyer Today

If you are facing drug possession charges — especially allegations based on constructive possession — it’s critical to act quickly. A conviction can severely impact your freedom, your future opportunities, and your personal and professional reputation.

At The Law Offices of Arash Hashemi, our Los Angeles drug crime lawyer brings over 20 years of experience defending clients against drug-related charges throughout Los Angeles County. When you contact our office, Attorney Hashemi will personally meet with you, carefully review the facts of your case, and build a defense strategy focused on protecting your rights, your record, and 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.

Can You Be Charged with Drug Conspiracy Without Selling Drugs?

Yes — in California, you can be charged with drug conspiracy even if you never sold, touched, or personally handled any drugs.

Under both California Penal Code 182 and federal law (21 U.S.C. § 846), conspiracy charges focus on agreement and intent — not on whether the drug crime was actually completed. To prove conspiracy, prosecutors must show two things:

• You knowingly agreed with at least one other person to commit a drug-related offense; and

• At least one person involved took a step (an overt act) toward carrying out that agreement.

You do not need to physically possess drugs, exchange money, or be present when a sale happens. Even minimal or indirect involvement — like allowing your property to be used or helping plan logistics — can lead to conspiracy charges.

This means you can be prosecuted for drug conspiracy based purely on your alleged participation — even if you never personally bought, sold, transported, or possessed any drugs.

How Can You Be Charged Without Selling Drugs?

In drug conspiracy cases, you do not need to physically handle drugs, exchange money, or complete a sale to face serious charges. Under California and federal law, prosecutors can charge you based on any action that supports or furthers a drug-related agreement.

Common examples include:

• Providing resources — Renting a vehicle, apartment, or storage space used for drug activities

• Delivering non-drug items — Transporting packaging supplies, cash, or equipment tied to drug distribution

• Making introductions — Connecting buyers and sellers, even without handling drugs yourself

• Communicating logistics — Discussing drug deals, routes, or methods, even if the deal never happens

• Allowing property use — Letting others store drugs in your car, home, or business

Important:
Mere association — like being friends with someone involved in drugs — is not enough for a conviction.
However, prosecutors often try to stretch circumstantial evidence to suggest involvement, making early legal defense critical.

What Must Prosecutors Prove in a Drug Conspiracy Case?

To convict someone of drug conspiracy in California, prosecutors must establish three key elements beyond a reasonable doubt:

• Agreement:
  You intentionally agreed with at least one other person to commit a drug-related offense (such as selling, transporting, or manufacturing controlled substances).

• Knowledge and Intent:
  You knew about the unlawful plan and willingly intended to join or support it.

• Overt Act:
  At least one participant (not necessarily you) took a clear and deliberate step to further the conspiracy. Examples of an overt act include purchasing packaging materials, scouting a delivery route, or arranging transportation — even if no drugs were moved yet.

Simply being present during discussions, or knowing that illegal activity was occurring, is not enough to convict you.
The law requires proof of active participation or support in furthering the criminal plan.

Common Scenarios Where People Are Charged Without Selling Drugs

• Roommates or Housemates:
  Allowing someone to store drugs in a shared apartment, even without direct involvement, can lead to conspiracy charges if prosecutors believe you knew or should have known.

• Drivers:
  Giving someone a ride — without realizing drugs were hidden in the vehicle — may still result in charges if there is evidence suggesting you were aware of the illegal activity.

• Employees or Couriers:
  Delivering packages or materials later found to contain controlled substances can trigger conspiracy allegations, particularly if the prosecution claims you ignored obvious signs.

• Family Members or Friends:
  Accepting money, gifts, or favors connected to drug sales — even without full knowledge of the source — may be used as evidence that you supported or benefited from the operation.

Prosecutors often argue that defendants “should have known” about drug activity based on circumstances, behavior, or relationships — even when direct proof of involvement is limited.

Penalties for Drug Conspiracy Charges

California State Charges (Penal Code § 182)

• Conspiracy to Commit a Misdemeanor:
  Punishable by misdemeanor penalties, typically up to 1 year in county jail.

• Conspiracy to Commit a Felony (e.g., drug sales, trafficking):
  Punished the same as the underlying felony drug offense, which can include:

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

  • Fines and restitution

  • Probation with strict conditions

  • Mandatory drug counseling or treatment programs

Federal Charges (21 U.S.C. § 846)

Federal drug conspiracy charges are much harsher and often involve:

• Mandatory minimum prison sentences (no probation)

• Sentences ranging from 5 years to life in federal prison, depending on:

  • The type and quantity of drugs involved

  • Any prior felony drug convictions

  • Sentencing enhancements (such as weapons or minors involved)

Federal sentencing guidelines leave little room for leniency once minimums apply.

Additional Consequences of a Drug Conspiracy Conviction

Beyond jail or prison time, a conspiracy conviction can also lead to:

• Asset forfeiture (government seizure of vehicles, cash, real estate, or bank accounts)

• Immigration consequences (including deportation or inadmissibility for non-citizens)

• Loss of professional licenses (such as nursing, legal, or contractor licenses)

• Major barriers to employment, education, and housing opportunities

How to Defend Against Drug Conspiracy Charges

Lack of Knowledge
You did not know about the existence of the drug operation or the plan to commit a drug-related crime. Without proof of your knowledge, prosecutors cannot establish conspiracy.

No Agreement
You did not agree to participate in any illegal activity. Simply being present or loosely associated with individuals involved in drug activity is not enough to prove an agreement.

Mere Presence
Being near people committing crimes does not make you part of the conspiracy. The prosecution must show active participation or support — not just proximity or association.

No Overt Act
In California state cases, prosecutors must prove that someone involved took a concrete step toward completing the drug crime. If no overt act occurred after the alleged agreement, the conspiracy charge may fail.

Illegal Search, Wiretap, or Arrest
If law enforcement violated your Fourth Amendment rights — such as conducting an unlawful search, illegal surveillance, or warrantless arrest — the resulting evidence can be suppressed, which may lead to dismissal of the charges.

Third-Party Conduct
In some cases, actions taken by others — without your knowledge or approval — may be wrongly attributed to you. Demonstrating that someone else was responsible can seriously weaken the conspiracy case against you.

Attorney Hashemi carefully examines the entire record — including surveillance methods, witness credibility, and any evidence tying you to the alleged conspiracy — and aggressively challenges every weak, speculative, or circumstantial argument made by prosecutors. Every available defense is explored to maximize your chances of the best possible outcome.

Accused of Drug Conspiracy in Los Angeles? Talk to a Criminal Defense Attorney Today

If you are facing drug conspiracy charges — even if you never personally sold or handled drugs — it’s critical to act quickly. A conviction can carry devastating consequences, including long prison sentences, immigration issues, and a permanent criminal record.

At The Law Offices of Arash Hashemi, our Los Angeles criminal defense attorney brings over 20 years of experience defending clients against serious state and federal conspiracy charges. When you contact our office, Attorney Hashemi will personally review your situation, carefully analyze the prosecution’s case, and craft a defense strategy focused on protecting your rights, freedom, and future.

Don’t leave your future to chance. Early action by a skilled attorney can make all the difference in the outcome of your case.

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.

Charged with Felony Evading? Here’s How to Fight Back in Los Angeles

If you were arrested for felony evading in California, you’re likely overwhelmed, anxious, and wondering if you’re going to jail. A felony evading conviction under Vehicle Code 2800.2 VC — often called felony reckless evading — can result in severe penalties — is not just a serious charge, it’s one that could carry state prison time, a strike on your record, and long-term consequences for your career, license, and reputation. But getting arrested is not the same as getting convicted — and with the right legal defense, it may be possible to beat the charge or get it significantly reduced.

At The Law Offices of Arash Hashemi, we’ve been defending clients against felony driving offenses in Los Angeles for over 20 years. We understand how law enforcement documents these cases, where prosecutors often overreach, and what it takes to fight back — both in and out of court.

What Is Felony Reckless Evading in California?

Under California Vehicle Code 2800.2 VC, felony evading charges occur when a driver allegedly flees from a police officer in a vehicle with reckless disregard for safety. That means the prosecution has to prove more than just fleeing — they must show your driving posed a danger to others. Common examples include high speeds, running red lights, swerving through traffic, or ignoring stop signs. But if your driving wasn’t reckless, it may not rise to the level of a felony — and we can often argue for a reduction to a misdemeanor under VC 2800.1 or even seek dismissal altogether.

One of the first things we evaluate is whether the officer was in a clearly marked vehicle, with active lights and sirens. If the police car was unmarked, or the lights and sirens weren’t activated properly, we can argue that you didn’t realize you were being pursued — which can eliminate a key element of the charge.

We also examine the circumstances of the alleged felony evading or reckless evading pursuit. Were you in an unfamiliar area? Was it dark or unsafe to stop immediately? Were you trying to get to a safe location before pulling over? If there’s reasonable doubt about your intent to evade, the felony charge may not apply — and we can use that to push for dismissal or a plea to a lesser offense.

In some cases, our clients were dealing with medical emergencies, panic attacks, or psychological conditions that made them react in fear rather than malice. These situations require careful explanation to the court — and we’ve had success getting charges reduced when we present the full context behind the driving behavior.

Another powerful defense tool is challenging the police report and dashcam or bodycam footage. We look closely at whether the officer’s version of events holds up. Did they exaggerate the danger? Did they follow correct procedures during the stop? Did they violate your constitutional rights when arresting you or searching your vehicle? If so, we can file motions to suppress key evidence — and that can weaken or destroy the DA’s case.

Even if the prosecution has strong facts, that doesn’t mean a felony evading conviction is inevitable. There are proven strategies to beat a felony evading charge in California, depending on the facts of your case. In many cases — especially for first-time offenders with no injuries or prior strikes — we’ve negotiated outcomes that keep clients out of prison, off probation, and free from felony records. These include:

• Reductions to reckless driving or failure to yield

• Diversion programs (if eligible)

• Misdemeanor pleas with no jail time

• Dismissal through suppression motions or plea negotiations

Every felony evading case is different — and what works in one case might not work in another. That’s why we take the time to fully review the facts, footage, police conduct, and legal issues in your case. Then we tailor your defense strategy based on what gives you the best chance of walking away without a felony on your record.

When you hire our firm, Attorney Arash Hashemi will work directly with you to explain the charges, lay out your options, and immediately start building your defense. We don’t wait for court to fight for you — we contact the DA early, push for evidence, and look for every opportunity to get ahead of the case.

If you’ve been charged with felony evading in Los Angeles, don’t wait for your arraignment to start protecting yourself. The longer you wait, the more time the state has to build a case against you.

Contact our office today or schedule your free consultation online. Located in West Los Angeles, we proudly serve clients throughout the greater Los Angeles area — including Santa Monica, Beverly Hills, Culver City, Westwood, Marina del Rey, and surrounding neighborhoods.

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.

Self-Defense in California Murder Cases: What You Need to Know

Being accused of murder is one of the most serious legal challenges a person can face — and for some, the incident may have been an act of protection, not aggression. In California, the law does allow self-defense as a legal justification for homicide, but invoking it successfully requires more than just stating you were afraid.

To qualify as lawful self-defense, your actions must meet specific legal criteria: there must have been an imminent threat, a reasonable fear of harm, and a proportional response. Proving these elements in a courtroom demands careful strategy, supporting evidence, and a deep understanding of how prosecutors challenge such claims.

If you’ve been accused of murder and believe you acted in self-defense, we offer a free consultation to discuss your situation, assess the legal options, and begin building a defense focused on protecting your freedom. Call (310) 448-1529 to speak directly with our office today.

What Counts as Self-Defense in a California Murder Case?

In California, self-defense can be a legal justification for the use of deadly force — even in cases involving a homicide. When successfully proven, it can result in a full acquittal of murder charges.

Under California Penal Code §§ 198–199, a person is legally justified in using deadly force if:

• They reasonably believed that they or someone else was in imminent danger of being killed, seriously injured, or raped;

• They reasonably believed that deadly force was necessary to stop that danger; and

• They used no more force than was necessary under the circumstances.

This is known under California law as justifiable homicide. When these legal elements are met, the killing is not considered murder — and the accused may be found not guilty.

Example: If someone breaks into your home at night and charges at you with a knife, and you respond by using a firearm to stop the threat, the court may consider that self-defense — depending on the specific facts and whether the threat was immediate and real.

Because these cases are heavily fact-dependent, your ability to prove self-defense can come down to how the evidence is presented, how your version of events is supported, and how well your defense attorney frames your actions within the legal standard.

When Self-Defense May Not Apply in a California Murder Case

While California law allows for self-defense in homicide cases, it’s not an automatic shield against prosecution. The court will carefully examine the facts to determine whether your actions truly qualify as legally justified.

There are several scenarios where a self-defense claim may be rejected:

• You initiated the confrontation or provoked the altercation without clearly withdrawing from the threat.

• The threat was not immediate or serious enough to justify the use of deadly force.

• You used more force than necessary under the circumstances — such as continuing to act after the threat had ended.

• The evidence conflicts with your account, such as when the alleged attacker was unarmed, retreating, or shot in the back.

Prosecutors often scrutinize these details to argue against self-defense. This is why it’s critical to have an experienced criminal defense attorney in Los Angeles who can challenge the state’s assumptions and present your version of events in a compelling, legally grounded way.

What Is “Imperfect” Self-Defense in a Murder Case?

California law also recognizes a concept known as imperfect self-defense — a legal theory that can reduce a murder charge to voluntary manslaughter in certain situations.

This defense applies when:

• You genuinely believed that using deadly force was necessary to prevent serious harm or death,

• But that belief was not objectively reasonable under the circumstances.

In these cases, you may still face criminal penalties, but the court acknowledges that your actions, while legally flawed, were not driven by malice or premeditation. As a result, a murder charge may be reduced to voluntary manslaughter, which carries significantly less severe penalties than a murder conviction.

If you acted out of fear — but misjudged the threat — this may be the most strategic legal path forward. A skilled defense attorney can help present this argument effectively, supported by the facts and context of your case.

What Must Be Proven to Claim Self-Defense in a Murder Case?

Successfully claiming self-defense in a California murder case requires more than stating you felt threatened. The law demands clear, credible evidence that your actions met strict legal standards. To support a self-defense argument, your criminal defense attorney must demonstrate:

• Imminent Threat – That you were facing an immediate danger of being killed or seriously harmed.

• Proportional Force – That you used only as much force as reasonably necessary to stop the threat.

• Reasonable Belief – That another reasonable person in the same situation would have perceived the threat and reacted similarly.

A general sense of fear or discomfort isn’t enough. The court will closely examine the circumstances, your actions, and the credibility of your fear. Your attorney’s ability to frame these facts persuasively can determine whether the jury sees your response as justified—or criminal.

Evidence That Can Strengthen a Self-Defense Claim

To build a strong self-defense case in a murder trial, your attorney must back your account with solid, persuasive evidence. The goal is to show the court that your actions were necessary, reasonable, and legally justified based on the situation you were facing.

Types of evidence that may support your defense include:

• Eyewitness Testimony – From anyone who saw the events unfold or can speak to your behavior or the threat posed by the other person.

• Surveillance or Phone Video – Footage that captures the incident or moments leading up to it.

• 911 Recordings – Calls placed during or immediately after the event can reflect the urgency and perceived danger.

• Expert Analysis – Forensic or crime scene experts may help reconstruct what happened and whether your actions align with a reasonable self-defense response.

• Prior Threats or Abuse – If the deceased had a history of threatening or violent behavior, this can support your claim of fear and necessity.

• Visible Injuries – Physical harm you suffered during the incident may help show that you were under real threat when you acted.

Your credibility can be just as important as the facts. Judges and juries look closely at whether your story is consistent, supported by evidence, and presented honestly. The more compelling and documented your account, the stronger your defense will be.

What If You Haven’t Been Arrested Yet?

If you were involved in a fatal incident and believe you acted in self-defense — but haven’t yet been arrested — this is a critical moment. You may still have time to influence the course of the investigation before formal charges are filed.

In many cases, law enforcement gathers evidence and presents the case to the District Attorney before deciding whether to pursue criminal charges. During this period, a skilled criminal defense attorney can intervene on your behalf by:

• Presenting exculpatory or mitigating evidence

• Correcting false assumptions or incomplete police reports

• Demonstrating that your actions were lawful self-defense

• Opening a line of communication with prosecutors to avoid charges altogether

At The Law Offices of Arash Hashemi, we’ve successfully represented clients during this early phase—often helping them avoid arrest entirely or having the case rejected before it reaches court. The earlier you act, the more control you have over how your case is handled.

How Our Firm Builds Self-Defense Cases That Stand Up in Court

We do more than just review the facts — we build a proactive, strategic defense backed by credible evidence and expert insight. From working with forensic specialists to reconstruct the scene, to identifying key witnesses and challenging the prosecution’s narrative, we focus on uncovering the truth and telling your side of the story. Every step is designed to cast doubt on the State’s case — and protect your future.

Accused of Murder But Acted in Self-Defense? Talk to a Los Angeles Criminal Defense Attorney Today

If you or a loved one is facing a murder charge in Los Angeles but acted in self-defense, early legal action is critical. These cases are complex, and the sooner you get a defense attorney involved, the better your chances of avoiding harsh penalties — or even formal charges altogether.

At The Law Offices of Arash Hashemi, we bring over 20 years of experience handling high-stakes violent crime cases across Los Angeles County. Attorney Hashemi knows how to present a strong self-defense claim, challenge weak prosecution theories, and push for the most favorable outcome possible — whether that’s a dismissal, reduced charges, or an acquittal at 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.

Facing a Bank Fraud Charge in Los Angeles? Here’s What You Need to Know About Settling Before Trial

If you’ve been accused of bank fraud in California—whether under state law or in a federal investigation—one of the most urgent questions on your mind may be: Can this case be settled before trial?

The answer is yes, many bank fraud cases are resolved long before a courtroom is involved. In fact, early negotiation is often the most strategic and discreet way to protect your future, especially if you’re a professional or business owner with a reputation to uphold.

At The Law Offices of Arash Hashemi, we’ve helped clients across Los Angeles quietly and successfully resolve serious white collar charges, including bank fraud, wire fraud, embezzlement, and forgery. With over 20 years of experience, we understand how prosecutors build these cases—and how to intervene before they get that far.

What Is Bank Fraud in California?

Bank fraud generally refers to any scheme or act designed to illegally obtain money, assets, or property from a financial institution. These cases are often charged under California Penal Code 470 (forgery), 487 (grand theft), or in more serious cases, federal statutes like 18 U.S. Code 1344.

Some examples include:

• Falsifying loan or mortgage applications

• Forging checks or bank statements

• Using someone else’s identity or account to withdraw funds

• Creating or depositing fraudulent checks

• Laundering money through financial institutions

While these cases sound technical, they’re extremely serious. Federal bank fraud charges can carry up to 30 years in prison and fines of $1 million or more, depending on the circumstances.

Can Bank Fraud Charges Be Settled Before Trial?

Yes—and in many cases, they should be. Prosecutors often pursue restitution, cooperation, and negotiated agreements in white collar matters rather than lengthy trials, especially when:

• The defendant is a first-time offender

• The amount of money involved is not unusually large

• You have the ability to repay or resolve the financial harm

• The conduct was non-violent and there was no organized criminal intent

Settling the case early may involve one or more of the following strategies.

Pre-Filing Intervention (Before Charges Are Filed)

If you are being investigated—but have not yet been formally charged—this is your best window of opportunity. A defense attorney can approach the investigating agency or prosecutor’s office to:

• Present mitigating evidence

• Negotiate reduced or alternative charges

• Offer restitution or financial resolution

• Highlight a lack of intent to defraud

This can prevent the case from ever reaching court—or reduce the severity of the charges that are ultimately filed.

Plea Bargains & Deferred Prosecution

If charges have already been filed, your attorney may be able to negotiate a plea deal that avoids jail time, reduces the offense to a misdemeanor, or even qualifies you for diversion or probation.

Some resolutions may include:

• Reduced charges (e.g., from a felony to a misdemeanor)

• Deferred sentencing agreements (charges dismissed after compliance)

• Restitution in lieu of incarceration

• No-admission civil settlements in parallel with criminal negotiations

In rare cases, your defense attorney may even be able to resolve a federal bank fraud case through a non-prosecution agreement if you cooperate and no formal charges are filed.

What If You’re Innocent or Wrongfully Accused?

Not every case should be settled. If you did not commit fraud, or if the prosecution’s evidence is weak, your attorney may recommend preparing for trial while continuing to negotiate in the background.

This can include defenses such as:

• Lack of fraudulent intent (you believed the information provided was accurate)

• Mistaken identity (your name or credentials were used without your knowledge)

• Procedural violations (unlawful search or seizure, improper investigation)

• Entrapment or overreach by law enforcement or bank investigators

What Makes Federal Bank Fraud Cases Different?

If your case is being investigated or charged by the FBI, Secret Service, or U.S. Attorney’s Office, the stakes are even higher. Federal prosecutors are aggressive—and they often begin their investigations long before you even know you’re a target.

If you’ve received a target letter, been interviewed by agents, or had documents subpoenaed by a grand jury, do not wait. You may still have time to resolve the case before indictment, but time is not on your side.

Early Legal Representation Can Change the Outcome

Bank fraud cases are fact-intensive, paper-heavy, and often involve months of investigation before formal charges are ever filed. But that also means your attorney has time to act. If you get legal representation early, you may be able to:

• Avoid formal charges entirely

• Negotiate a civil or financial resolution

• Keep the case out of public record

• Minimize or eliminate jail time

• Protect your professional license or reputation

Under Investigation or Charged with Bank Fraud in Los Angeles? Explore Your Options Before Trial

If you’re facing accusations of bank fraud — whether under California law or in a federal investigation — early legal action is critical. Many of these cases can be resolved discreetly through pre-charge negotiations, civil settlements, or favorable plea agreements that avoid jail time and public exposure.

At The Law Offices of Arash Hashemi, we represent professionals, business owners, and individuals in complex white collar cases across Los Angeles. With over 20 years of experience, Attorney Hashemi understands how to navigate financial crime allegations with discretion and strategy. Whether you’re under investigation or already charged, our goal is to protect your future, your freedom, and your reputation.

The sooner you act, the more control you have. Reach out now to discuss your options with a Los Angeles criminal defense attorney experienced in settling bank fraud cases before 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.

Caught with a Weapon at a California Airport?

If you’ve been arrested or cited for bringing a weapon into a sterile area of a California airport, you’re likely facing serious legal consequences — even if it was unintentional. Under Penal Code 171.5 PC, it’s a crime to knowingly possess certain weapons beyond TSA screening checkpoints. This applies to not only firearms, but also items like stun guns, knives, tear gas, and even imitation weapons.

Airports are high-security zones, and California law takes these offenses seriously. A conviction could lead to jail time, fines, and lasting damage to your record — especially if federal authorities get involved. But not every case is clear-cut, and many arrests result from misunderstandings, forgotten items, or unlawful searches.

At The Law Offices of Arash Hashemi, we’ve helped clients across Los Angeles fight airport-related charges for over 20 years. Below, we explain the law, penalties, and defense strategies you should know if you’re facing charges for bringing a weapon to an airport.

Overview of Possession of a Weapon at the Airport Law

Penal Code 171.5 PC makes it illegal to bring or carry specific weapons into the sterile area of an airport — the part of the airport you enter after passing through TSA security. This law is meant to protect public safety and ensure that dangerous items don’t make it onto planes or near passengers.

Unlike general firearms laws, PC 171.5 applies even to people who otherwise legally possess a weapon. If that weapon is brought into a restricted airport zone, the law presumes a higher level of risk, and penalties apply — regardless of intent to use the weapon.

Key features of this law:

• It’s a misdemeanor offense under state law.

• It can lead to additional charges under federal law or related California statutes.

• It applies to functional and imitation weapons alike.

• Prosecution must prove the possession was knowing and willful.

What Does California Penal Code 171.5 PC Prohibit?

Penal Code 171.5 specifically prohibits any person from knowingly possessing a weapon within the sterile area of a California airport or a passenger vessel terminal. The law defines “sterile area” as the zone beyond security screening where access is restricted — generally, once you’ve passed through TSA checkpoints.

This statute covers a broad list of weapons and weapon components, including:

• Firearms (loaded or unloaded)

• Firearm parts (e.g., frame, barrel, magazine)

• Knives with blades longer than 4 inches

• Box cutters or razor blades

• Tear gas canisters

• Stun guns or Tasers

• Grenades or explosive devices

• Imitation weapons, including realistic-looking replicas

• Ammunition of any kind

The law applies regardless of whether the item was intended to be used. Even accidental possession — like a forgotten firearm in your carry-on — can result in arrest and criminal charges if prosecutors can prove you knowingly brought the item into a secure area.

Exceptions

• Peace officers or law enforcement acting in the scope of duty

• Individuals authorized to carry firearms in the course of employment (such as federal air marshals)

• Properly checked weapons in luggage (not carried into the sterile area)

However, these exceptions are narrow, and courts generally take a strict approach when it comes to airport security violations.

Penalties for Violating Penal Code 171.5 PC

Misdemeanor Penalties

• Up to 6 months in county jail

• A fine of up to $1,000

• Summary (informal) probation

• A permanent criminal record

In many first-offense cases, the court may impose probation instead of jail time. However, courts treat violations that occur at airports with increased seriousness due to heightened security concerns.

Potential Enhancements and Related Charges

• Carrying a concealed firearm (Penal Code 25400)

• Carrying a loaded firearm in public (Penal Code  25850)

• Felon in possession of a firearm (Penal Code  29800)

If aggravating factors exist—such as prior convictions, possession of a loaded firearm, or being a prohibited person—the case may be prosecuted more aggressively or even elevated to felony-level offenses under related statutes.

Common Defenses for Possession of a Weapon at the Airport

Lack of Knowledge

One of the key elements of Penal Code 171.5 is that the defendant must have “knowingly” possessed the weapon. If the defendant was unaware that the item was in their bag or did not know the object qualified as a prohibited weapon, the knowledge element may not be met. This defense is especially relevant in cases where a weapon was unintentionally brought through security.

Unlawful Search or Seizure

If the weapon was discovered during an unlawful search, such as a search conducted without probable cause or outside the boundaries of TSA authority, the defense may file a motion to suppress the evidence under California Penal Code § 1538.5. If the court finds the search unconstitutional, the evidence may be excluded, which could result in a dismissal of charges.

No Weapon as Defined by Law

Not all objects qualify as weapons under the meaning of PC 171.5. If the item found does not meet the statutory definition of a “weapon” or “weapon component,” the charge may not be sustainable. The defense may argue that the object was not capable of being used as a weapon or was not legally prohibited.

Possession by Another Individual

In cases involving shared luggage or carry-on items, the defense may argue that the weapon belonged to someone else and that the defendant did not have actual or constructive possession of it. Proving lack of control or ownership over the item may result in a not guilty finding.

Duress or Necessity

Though rare, in some circumstances a defense may be available if the individual possessed the weapon due to coercion, threat, or necessity. This requires showing that the defendant reasonably believed they were in immediate danger and had no legal alternative.

Charged with Possessing a Weapon at a California Airport? Speak with a Los Angeles Criminal Defense Attorney

If you’ve been arrested or charged under Penal Code 171.5 for bringing a weapon into a sterile area of an airport, you are facing a serious misdemeanor offense with the potential for jail time, fines, and a permanent criminal record. These charges can also trigger additional firearm-related offenses or even federal prosecution, depending on the facts of the case.

Attorney Hashemi is a Los Angeles criminal defense attorney with over 20 years of experience handling high-stakes cases, including weapons violations, firearm offenses, and airport security-related arrests. He understands how these cases are investigated and prosecuted in Los Angeles County—and how to fight for the best possible outcome.

Whether you were unaware of the item in your possession, the search was unlawful, or you’re facing a misunderstanding, we’re ready to review your case and protect your rights from day one.

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.

When Can a Minor Legally Possess a Firearm in California?

There are exceptions—but they are narrow and strictly regulated. While 29610 PC generally prohibits all minors (under 18) from possessing firearms, certain exceptions exist for lawful, supervised activities. These exceptions are laid out in related firearm statutes, including Penal Code 29615 and California Welfare & Institutions Code 17700.

A minor may lawfully possess a firearm only if:

• They have express permission from a parent or legal guardian, and

• They are actively engaged in a lawful, adult-supervised activity, such as:

  • Hunting, with a valid license and supervision (per California Fish & Game Code)

  • Target shooting at an established, regulated firing range

  • Firearms safety training or certified instructional courses

  • Competitive shooting sports or marksmanship practice

Even when these conditions are met, the minor must only handle the firearm during the course of the activity, and under direct adult supervision. The firearm must also be lawfully owned by an authorized adult—not unlawfully acquired or unregistered.

Important:

Possession for self-defense, transportation, or simply having access to a parent’s firearm without active supervision does not qualify as a lawful exception under PC 29610.

Minors found in possession outside of these narrow exceptions may face serious charges, regardless of intent or circumstance.

Penalties for Minor in Possession of a Firearm – PC 29610

A violation of  29610 PC is classified as a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony, depending on factors such as the minor’s criminal history, the circumstances of possession, and whether the firearm was used in connection with any other criminal conduct.

Misdemeanor Penalties

If prosecuted as a misdemeanor, potential consequences include:

• Up to 1 year in county jail

• Fines: Up to $1,000

• Informal (summary) probation

• 10-year firearm ban under California law (for adults once they turn 18)

Felony Penalties

If filed as a felony, sentencing may include:

• 16 months, 2 years, or 3 years in state prison (or juvenile commitment)

• Formal probation

• Lifetime ban on owning or possessing firearms (if tried as an adult)

• Possible transfer to adult court depending on the minor’s age, prior offenses, and case severity

Juvenile cases are typically handled in juvenile delinquency court, where outcomes can include probation, community service, mandatory firearm safety education, or placement in a juvenile facility. However, serious or repeat offenses—especially those involving loaded firearms or gang-related circumstances—may result in the minor being charged as an adult

Long-Term Consequences of a Juvenile Gun Possession Conviction

In addition to criminal penalties, minors convicted under 29610 PC may face:

• Long-term firearm prohibition into adulthood

• Barriers to college admissions and ineligibility for financial aid

• Immigration consequences for non-citizens

• Difficulties obtaining jobs, internships, or professional licenses in fields requiring background checks

Minors with any kind of criminal record—including gun charges—may face barriers that follow them into adulthood. A strong defense early in the process is essential.

How We Defend Minors Accused of Illegal Firearm Possession

Lawful Activity Exception
If the minor possessed the firearm during a lawful and supervised activity—such as hunting with a valid license, target shooting at an approved range, or attending a certified training course—an exception may apply under California law.

No Actual or Constructive Possession
To convict under 29610 PC, the prosecution must prove that the minor knowingly possessed the firearm, either physically or constructively (i.e., had control over it). Mere proximity to a firearm is not enough.

Illegal Search or Seizure
If the firearm was discovered through an unlawful search—for example, without a warrant, probable cause, or proper consent—your attorney may be able to file a motion to suppress the evidence under the Fourth Amendment.

Firearm Not Legally Defined
The prosecution must prove the item meets the legal definition of a firearm under Penal Code 16520. In some cases, the object may be inoperable, a replica, or not legally classified as a firearm.

Necessity or Duress
In rare cases, a minor may have taken possession of a firearm briefly to prevent greater harm (e.g., removing a weapon from a dangerous situation) or under coercion. These circumstances may support a necessity or duress defense.

Insufficient Evidence
If the prosecution cannot establish all required elements beyond a reasonable doubt—including knowledge, possession, and that the object was a firearm—the case may not hold in court.

Negotiated Resolution
Even in cases with strong evidence, your attorney may be able to negotiate a reduction to a lesser offense, diversion, or juvenile alternatives that avoid jail time and preserve your child’s future.

If Your Child Was Arrested for Firearm Possession, Take Action Immediately

An arrest for minor in possession of a firearm is not something to take lightly—especially in Los Angeles, where prosecutors often pursue these cases aggressively, even for first-time offenders. The sooner you involve legal counsel, the better your chances of protecting your child from jail time, a criminal record, or long-term firearm restrictions.

Here’s what to do right now:

• Contact our office immediately to schedule a consultation before your child speaks with law enforcement or probation.

• Do not allow your child to make any statements without legal representation present.

• Preserve any documentation that could help your case, such as hunting licenses, safety course registration, or written parental consent for supervised firearm use.

At The Law Offices of Arash Hashemi, we move quickly to assess the case, push for pre-filing diversion when appropriate, and position your family for the best possible outcome. Early intervention can often mean the difference between a dismissed case and a permanent record.

Arrested for Minor in Possession of a Firearm in Los Angeles? Our Defense Attorney Can Help

If your child has been arrested for possessing a firearm in violation of California law, this isn’t just a juvenile mistake—it’s a charge that can carry serious legal and personal consequences. Even a first-time offense can lead to jail time, a probation period, and long-term firearm restrictions. Worse, it can jeopardize school opportunities, professional licensing, and immigration status down the line.

 We don’t treat these as routine cases. Attorney Hashemi has over two decades of experience handling high-stakes gun and juvenile defense matters across Los Angeles County. We immediately begin by reviewing the facts, securing records, identifying illegal searches, and pushing back against enhancements or felony-level exposure. When appropriate, we fight for dismissal, pre-filing diversion, or negotiated outcomes that keep your child’s record clean.

From the first call, you’ll speak directly with an attorney—not a case manager or junior staffer. We’ll walk you through the defense strategy, explain your rights, and move quickly to protect your child’s future before things escalate further.

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.

Difference Between a Ghost Gun and an Unregistered Firearm in California

California has some of the strictest gun laws in the country, especially when it comes to unserialized firearms and weapons not legally documented with the state. Two terms often confused by the public—and sometimes even law enforcement—are “ghost gun” and “unregistered firearm.” While these phrases are sometimes used interchangeably, they have important legal distinctions under California law.

Here’s a breakdown of what each term means, how California treats them differently, and why understanding the difference could be critical if you’re facing a firearm-related charge.

What Qualifies as a Ghost Gun Under California Law?

A ghost gun is a firearm that is homemade or assembled from a kit, and does not have a serial number issued by a licensed manufacturer. These guns are often made using 80% lower receivers or 3D-printed components, which are not initially classified as firearms under federal law—making them easy to purchase without background checks.

In California, however, ghost guns are specifically regulated under state law:

• As of July 1, 2018, anyone who makes or assembles a firearm must apply for a unique serial number from the California Department of Justice (DOJ) and engrave it onto the weapon.

• As of July 1, 2022, all “precursor parts” (unfinished frames or receivers) are also regulated, requiring background checks and serialization when sold.

• Selling, transferring, or even possessing a ghost gun without a valid serial number is a crime under Penal Code §§ 29180–29184, and may also violate Penal Code § 16590 (prohibited weapons) or Penal Code § 30600 (assault weapon statutes), depending on the firearm’s configuration.

Ghost guns are often untraceable, which is why they’re treated as a public safety risk. Possessing or manufacturing one without proper compliance can lead to felony charges, even for first-time offenders.

What Is an Unregistered Firearm in California?

An unregistered firearm, on the other hand, refers to a gun that should have been registered with the California DOJ but was not. This applies mainly to handguns, as:

• All handgun transfers in California must go through a licensed dealer (via DROS process), which automatically registers the firearm to the purchaser.

• Long guns (rifles and shotguns) purchased before January 1, 2014 did not require registration, but now do if transferred or newly purchased.

Common situations that result in someone having an “unregistered firearm” include:

• A handgun legally purchased out of state and brought into California without notifying the DOJ within 60 days(Penal Code § 27560)

• A gun inherited or gifted without a licensed transfer

• Failure to register a self-built handgun (overlaps with ghost gun rules)

Unregistered firearms are typically not illegal to possess outright, unless required to be registered due to how or when they were acquired. But possessing an unregistered firearm in combination with another offense (e.g., carrying it concealed, or being prohibited from owning guns) can result in misdemeanor or felony charges.

Key Differences Between Ghost Guns and Unregistered Firearms

Can You Be Charged for Either in California?

Yes. California prosecutors routinely file charges for both ghost guns and unregistered firearms—especially in cases involving:

• Domestic violence restraining orders

• Probation or parole searches

• Traffic stops where a firearm is found

• Anonymous tips or social media surveillance

• Weapons discovered during unrelated investigations

Penal Code violations that may apply include:

• PC 29800 – Felon in possession of a firearm

• PC 25850 – Carrying a loaded firearm in public

• PC 25400 – Carrying a concealed firearm

• PC 29180 – Failure to serialize a self-manufactured firearm

• PC 27560 – Importing a firearm into California without registration

Frequently Asked Questions About Ghost Guns and Unregistered Firearms

Q: What happens if you get caught with a ghost gun in California?
A: If you’re caught with a ghost gun that doesn’t have a DOJ-issued serial number, you could face misdemeanor or felony charges. Penalties may include jail time, fines, and a permanent ban on firearm ownership. Ghost guns are considered untraceable and are illegal in California unless properly registered and serialized.

Q: Is it illegal to have an unregistered firearm in California?
A: It depends. Some firearms—such as handguns acquired through legal means—must be registered. If you fail to register a firearm that is required to be documented, you could face criminal charges, especially if it’s discovered during an arrest, traffic stop, or domestic dispute.

Q: Are ghost guns unregistered?
A: Yes. By definition, a ghost gun is unregistered and lacks a serial number unless the owner complies with California’s self-serialization laws. However, not all unregistered firearms are ghost guns.

Q: What does it mean to have an unregistered firearm?
A: In California, this usually means the gun was never entered into the DOJ’s system, either due to an improper transfer, importation from another state, or private sale. Unregistered firearms can be legal or illegal depending on how and when they were acquired.

Cited or Arrested for a Ghost Gun or Unregistered Firearm? Talk to a Los Angeles Criminal Defense Attorney

Being charged with possessing a ghost gun or an unregistered firearm is a serious offense in California. Even if you didn’t know the weapon needed a serial number or registration, prosecutors may still pursue felony charges—and the consequences can include jail time, fines, and a permanent loss of firearm rights.

At The Law Offices of Arash Hashemi, we’ve been defending clients against complex firearm charges in Los Angeles for over 20 years. We know how these cases are prosecuted, and we know how to challenge illegal searches, mistaken possession claims, and vague or outdated restrictions.

Contact us today for a free consultation. Attorney Hashemi will personally review your case, explain your legal options, and help you build a strong 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.

Is Meth Possession a Felony in California? Here’s What You Need to Know

Getting arrested for meth possession in California is a serious situation — and the penalties you face depend heavily on the amount involved and the specific charges filed against you. California, especially Los Angeles County, aggressively prosecutes methamphetamine offenses. Even a relatively small quantity can trigger severe consequences if prosecutors believe you intended to sell, distribute, or manufacture the drug.

While simple possession for personal use is often charged as a misdemeanor under California law, meth cases are treated more harshly than many other drug offenses. Methamphetamine is classified as a Schedule II controlled substance — meaning it is considered highly addictive and dangerous. As a result, law enforcement and prosecutors frequently push for felony charges, particularly when there is evidence like multiple baggies, cash, scales, or communications suggesting drug sales.

At The Law Offices of Arash Hashemi, we provide strategic, experienced defense for individuals facing meth-related charges throughout Los Angeles. Attorney Hashemi offers a free consultation to review your situation, explain your legal options, and help you take immediate steps toward protecting your rights.

📞 Call (310) 448-1529 today to speak directly with a Los Angeles drug crime lawyer.

Is Meth Possession a Felony in California?

Not always.

Under California law, simple possession of methamphetamine (meaning for personal use) is usually charged as a misdemeanor under Health and Safety Code 11377(a) — especially after Proposition 47 passed in 2014. Prop 47 downgraded many low-level drug possession offenses to misdemeanors.

However, meth possession becomes a felony if:

• You have a serious or violent prior felony conviction (such as for murder, rape, sex crimes, certain gun crimes)

• You are a registered sex offender under Penal Code 290

• The amount of meth is large enough to imply possession for sale

• You were caught selling, transporting, or manufacturing methamphetamine

In short: Possessing meth for your own use is usually a misdemeanor — but selling, transporting, or having too much can quickly lead to felony charges.

How Much Meth Will Get You Charged With a Felony?

There is no set weight (like grams or ounces) that automatically triggers a felony meth charge for possession alone. Instead, prosecutors and police look at several factors to decide if they will charge you with possession for sale under Health and Safety Code 11378, including:

• The total quantity of meth found

• Whether the meth was packaged into multiple baggies

• The presence of scales, large amounts of cash, pay/owe sheets, or other “sales tools”

• Text messages or other evidence showing intent to sell

• Statements you made to police about selling

Example:
If you’re caught with just a few grams of meth, you’ll likely be charged with misdemeanor possession.
If you’re caught with multiple baggies, a scale, and $2,000 cash, even if it’s only 10–20 grams, prosecutors may charge you with felony possession for sale.

▶ Important: You can be charged with a felony for methamphetamine possession even if the total weight is not very high — intent to sell is the key.

Felony Charges for Selling, Transporting, or Manufacturing Meth

Other felony meth charges include:

• Health & Safety Code 11379 – Selling or transporting meth

• Health & Safety Code 11379.6 – Manufacturing meth (e.g., operating a meth lab)

These charges are always felonies, regardless of the amount involved. They carry significantly harsher penalties, including long prison sentences and major fines.

Penalties for Felony Meth Charges in California

The penalties for felony methamphetamine charges can vary based on the charge and your criminal record, but generally include:

• Possession for Sale (HS 11378): 16 months, 2 years, or 3 years in county jail

• Selling/Transporting Meth (HS 11379): 2, 3, or 4 years in prison

• Manufacturing Meth (HS 11379.6): 3, 5, or 7 years in prison

• Fines up to $10,000

• Mandatory drug counseling or treatment programs in some cases

• Felony probation or formal probation with strict conditions

• Immigration consequences (deportation risk for non-citizens)

Additionally, a felony meth conviction can lead to:

• Permanent criminal record

• Loss of gun rights

• Difficulty finding employment or housing

• Loss of professional licenses

Can Felony Meth Charges Be Reduced or Dismissed?

Yes — depending on the circumstances, a skilled criminal defense attorney may be able to:

• Challenge the legality of the search or arrest (illegal search = evidence may be thrown out)

• Negotiate a reduction from a felony to a misdemeanor (known as a “wobbler” reduction)

• Secure drug diversion or alternative sentencing (PC 1000 programs, Proposition 36, or Penal Code 1170.9 for veterans)

• Fight the charges at trial if the evidence is weak or improperly obtained

Attorney Hashemi aggressively analyzes every meth case for weaknesses — from probable cause issues to lab errors — and works to get charges reduced, dismissed, or kept off your record whenever possible.

Arrested for Meth Possession or Sales in Los Angeles? Speak with a Criminal Defense Attorney Today

If you’re facing charges for meth possession, possession for sale, or any drug-related offense in Los Angeles, early action can make all the difference. A felony conviction can have a lasting impact on your future — but with the right legal strategy, it’s possible to fight back and protect your freedom.

At The Law Offices of Arash Hashemi, we take a hands-on approach to every case. When you contact our office, Attorney Hashemi will personally sit down with you, carefully review the details of your arrest, and develop a tailored defense strategy based on the facts. Whether that means challenging an illegal search, negotiating for reduced charges, or preparing for trial, we are ready to act quickly and aggressively on your behalf.

Don’t wait until charges are finalized or court dates are set.
Get ahead of the process — and start defending your future today.

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

In California, Penal Code 4573.5 PC makes it a felony to bring alcohol or non-narcotic drugs (including unauthorized prescription medications) into a jail or prison. This offense is separate from Penal Code 4573, which focuses on controlled substances like heroin or methamphetamine. Even if the substance is not considered a “hard drug,” bringing it into a detention facility without authorization is treated as a serious crime.

If you are arrested for violating PC 4573.5, you can face up to three years in custody, even if the alcohol or medication was intended for personal use—or even if it never made it inside the facility. Prosecutors and judges in California treat jail-related offenses harshly because they pose safety and security risks for correctional staff and inmates.

If you’ve been accused of bringing alcohol or unauthorized medication into a jail or prison, it’s essential to speak with a Los Angeles criminal defense attorney right away. These charges can be challenged, negotiated down, or—in some cases—dismissed entirely.

What Is Prohibited Under Penal Code 4573.5?

Under PC 4573.5, it is a felony to knowingly bring, send, or possess alcohol, narcotic paraphernalia, or non-controlled drugs inside the following facilities:

• County jails

• State prisons

• Juvenile detention centers

• Any other penal institution

Unlike PC 4573, this statute is focused on substances that are not classified as controlled narcotics—such as alcohol, marijuana (in certain cases), or prescription medications like Xanax or Adderall if you don’t have valid authorization.

Even if the item is not illegal to possess outside of jail (like a prescription pill or bottle of liquor), it becomes illegal once you attempt to bring it into a correctional facility without permission.

Examples of Items Covered by PC 4573.5

• Bringing a bottle of vodka during a jail visit

• Attempting to mail over-the-counter sleeping pills to an inmate

• Smuggling prescription medication in your clothing during visitation

• Possessing marijuana in a county jail (even if legal under Prop 64)

Penalties for Violating Penal Code 4573.5

Violating this law is a felony under California law. The penalties may include:

• 16 months, 2 years, or 3 years in county jail (under California’s realignment system)

• Up to $10,000 in fines

• Felony probation in some cases

• A permanent felony conviction on your criminal record

In addition to these penalties, a conviction may impact immigration status, future employment, and eligibility for professional licenses.

Common Defenses to PC 4573.5 Charges

Lack of Knowledge

If you didn’t know the substance was in your possession or weren’t aware that it was prohibited in the facility, this may be a valid defense.

Lawful Prescription

If the substance in question was lawfully prescribed to you and you had documentation, your attorney can argue that you were not acting unlawfully.

Unlawful Search

If the evidence was discovered during an illegal search—such as one without probable cause or a warrant—it may be possible to suppress the evidence entirely.

No Intent to Enter

You can’t be convicted under PC 4573.5 unless the prosecution can prove that you intended to bring the substance into the facility. If you were stopped outside the jail, this can be a critical issue.

Related Charges

• PC 4573 – Bringing controlled substances into a jail or prison

• PC 4573.6 – Possession of drugs in a jail facility

• PC 4570 – Unauthorized communication with a prisoner

• HS 11350 – Possession of a controlled substance

• HS 11377 – Possession of methamphetamine or other restricted drugs

Speak With a Los Angeles Criminal Attorney About Jail-Related Drug Charges

If you’re facing charges under Penal Code 4573.5, it’s not just a minor mistake—it’s a felony offense that could result in jail time and a criminal record. Whether the substance was alcohol, pills, or another non-controlled item, the consequences are serious.

Attorney Hashemi has spent over 20 years defending clients charged with drug and jail-related offenses in Los Angeles County. We’ll examine whether the prosecution can prove intent, challenge how the evidence was obtained, and fight to get your charges reduced—or dismissed completely.

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 Attempted Murder in California? | Fight Charges with a Criminal Defense Lawyer

Attempted murder is one of the most serious criminal charges you can face in California—and the penalties can be nearly as severe as if the killing had occurred. Even if no one was physically injured, a prosecutor can still file attempted murder charges if they believe you took a “direct step” toward killing another person with the intent to do so.

If you’ve been arrested or are under investigation for attempted murder in Los Angeles, the situation is extremely urgent. Prosecutors waste no time building their case—and the sooner you speak with a Los Angeles criminal attorney, the better your chances are of protecting your future.

Let’s break down how California defines attempted murder, what the prosecution must prove, and what defense strategies may apply to your case.

How Does California Define Attempted Murder?

Under California Penal Code 664/187(a), attempted murder occurs when someone:

• Intends to kill another person, and

• Takes a direct step toward committing that killing—but does not succeed in causing death.

This means that even if no one dies—and even if no one is physically harmed—you can still face attempted murder charges if the prosecution believes you had a clear intent to kill and made an actual move toward carrying it out.

What Counts as a “Direct Step”?

A “direct step” means more than just making a plan or having violent thoughts. It’s any action that shows the accused was putting the plan into motion. Some common examples include:

• Pointing and firing a gun at someone (even if you miss)

• Stabbing someone who survives the attack

• Trying to run someone over with a car

• Hiring a hitman or attempting to poison someone

It’s important to understand that intent is critical. If prosecutors can’t prove that your goal was to kill—not just scare, injure, or threaten—you may have a strong legal defense.

Penalties for Attempted Murder in California

Attempted murder is always a felony in California, but sentencing depends on whether it’s charged as first-degree or second-degree:

First-Degree Attempted Murder:

• Requires premeditation and deliberate intent to kill

• Carries a sentence of life in prison with the possibility of parole

Second-Degree Attempted Murder:

• Involves intent to kill but without planning or premeditation

• Carries 5, 7, or 9 years in state prison

Sentence Enhancements:
If the alleged victim was a police officer, firefighter, or other protected public official, the sentence may include life in prison without parole eligibility for 15 years. Additionally, the use of a firearm or causing great bodily injury can add 10 to 25 years or more to your sentence.

How Does Attempted Murder Differ From Aggravated Assault?

It’s easy to confuse attempted murder with serious assault charges, like assault with a deadly weapon or battery causing serious injury. The key distinction is intent.

• Attempted murder requires the specific intent to kill

• Assault requires the intent to cause bodily injury, but not necessarily death

This difference matters. Your Los Angeles criminal attorney may be able to argue that while a crime may have occurred, the intent was not to kill—potentially reducing the charge or getting it dismissed altogether.

Defenses to Attempted Murder Charges in California

You Did Not Intend to Kill

The prosecution must prove you intended to take someone’s life—not just scare or harm them. If you acted out of fear or in a heated moment without forming intent, the charge may not stick.

Self-Defense or Defense of Others

If you were trying to protect yourself or another person from imminent harm, and your actions were reasonable under the circumstances, you may have a valid self-defense claim.

No Direct Step Was Taken

A heated argument or threatening words are not enough for attempted murder. If you never made a concrete move toward killing the other person, the charges could be reduced or dropped.

Mistaken Identity or False Accusation

In some cases, especially involving eyewitnesses or chaotic scenes, the wrong person is arrested. A skilled defense attorney will investigate all evidence and challenge the accuracy of the prosecution’s case.

What to Do If You’re Facing Attempted Murder Charges

If you’ve been arrested or believe you’re under investigation for attempted murder, do not speak to police or investigators without a lawyer present. These cases move fast—and anything you say can be used against you in court.

Contact a Los Angeles criminal attorney immediately to protect your rights, assess the evidence, and begin building your defense.

Speak With a Los Angeles Criminal Attorney Today

Attempted murder charges are among the most life-altering criminal accusations a person can face in California. A conviction can mean life in prison—even if no one was killed. If you’re being investigated or charged, now is the time to act.

At The Law Offices of Arash Hashemi, we’ve been defending clients across Los Angeles for over 20 years. Attorney Hashemi understands how prosecutors approach violent crime cases, and we know what it takes to fight back—whether through negotiation, suppression of evidence, or going to 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.

Worried About a Criminal Charge? Here’s How to Get Charges Dropped Before Court Date in California

If you’ve just been arrested or received a notice to appear in court, your first thought might be: can this be stopped before it goes any further? The answer is yes — in many cases, it’s possible to get charges dropped before your first court appearance, but it requires immediate action, a strong legal strategy, and the right representation.

At The Law Offices of Arash Hashemi, we’ve helped clients across Los Angeles County get charges dismissed early — sometimes before charges are even formally filed. Whether you’re facing a misdemeanor, felony, or simply under investigation, our goal is always the same: prevent a criminal case from taking hold and protect your future before you’re dragged into the system.

Understanding how to get charges dropped before court date starts with understanding how the charging process works. After an arrest, the case is passed to the District Attorney’s Office for review. If the evidence is weak, contradictory, or legally flawed, the DA may decide not to file the case at all. But prosecutors don’t always see the full picture — unless someone puts it in front of them.

That’s where early legal defense makes a real difference. When you hire our firm early, we immediately contact the prosecutor’s office before your arraignment and begin building a case for dismissal. This might include surveillance footage, witness statements, proof of alibi, or evidence that contradicts what police reported.

We’ve had success getting charges dropped by showing the DA:

• There was no probable cause for arrest

• Witnesses were unreliable or recanted

• The accused acted in self-defense

• Key evidence was obtained illegally

• The client has no criminal history and the situation was a misunderstanding

In some cases, we may also negotiate a “DA reject,” where the prosecutor declines to file the charges at all — keeping your record clean before you ever step foot in court. If you’re researching how to get charges dropped before court date, this is one of the best-case scenarios, and it’s only possible if you take action quickly.

Many people make the mistake of waiting until the arraignment to get help — but by then, charges may already be filed and the case may be harder to unwind. That’s why it’s critical to involve a skilled Los Angeles criminal defense attorney as early as possible.

With over 20 years of experience, Attorney Arash Hashemi knows how local prosecutors think, what evidence they need to file a case, and how to intervene before things escalate. We don’t wait for court — we push to end the case before it starts.

If you’re searching for how to get charges dropped before court date, you’re likely stressed, scared, and trying to protect your record, your job, or your family. We understand what’s at stake, and we treat every case with the urgency and attention it deserves.

Don’t wait until it’s too late. If charges are filed, your options narrow — and your public record changes. If you’re serious about protecting your future, learning how to get charges dropped before court date is only the first step. Taking action is the next.

Our office is located at Westside Towers in Los Angeles, and we proudly represent clients throughout the greater Los Angeles area — including Santa Monica, Beverly Hills, Culver City, Westwood, Marina del Rey, and nearby communities.

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 Constructive Possession of a Firearm in California

The Second Amendment grants individuals the right to bear arms in the United States. However, under both federal and California law, that right is not absolute. People with felony convictions, certain misdemeanor convictions, or active restraining orders are legally prohibited from owning, possessing, or controlling firearms.

In California, unauthorized possession of a firearm can lead to serious criminal charges — even if the gun wasn’t found on your person at the time of arrest. This is where the legal concept of constructive possession comes into play. Prosecutors can pursue a firearm possession charge if they believe you had the ability and intent to exercise control over a gun, regardless of whether you ever physically touched it.

Facing constructive possession allegations is serious. A conviction can result in prison time, a permanent criminal record, the loss of firearm rights, immigration consequences, and barriers to employment or professional licensing.

Understanding how constructive possession works — and how prosecutors try to build these cases — is crucial if you are under investigation or have already been charged.

What Does Constructive Possession of a Firearm Mean

In California, you can be charged with firearm possession even if the weapon was not physically found on you at the time of your arrest. This is because the law recognizes two types of possession:

• Actual possession — You physically have the firearm on your body, such as holding it in your hand, carrying it in your waistband, jacket, or backpack.

• Constructive possession — You do not physically hold the gun, but you have the ability and the intent to exercise control over it. For example, a gun hidden in your bedroom closet, glove compartment, or locked trunk could lead to a constructive possession charge if prosecutors believe you knew it was there and could access it.

Important:
The prosecution does not have to prove that you were holding or carrying the gun. They only need to show two things:

• You knew the firearm existed, and

• You had the ability to access or control it.

Constructive possession charges are often built on circumstantial evidence — and without a clear explanation, it can be easy for prosecutors to convince a jury that you “possessed” a firearm even when you never touched it. That’s why having an experienced defense attorney is critical in these cases.

How Prosecutors Try to Prove Constructive Possession

In constructive possession cases, prosecutors often use circumstantial evidence — meaning facts and clues that suggest you had control over the firearm. Common examples include:

• The gun was found in your home, bedroom, or personal safe.

• The gun was located in a car registered to you or where you were the only occupant.

• Your fingerprints, DNA, or personal items were found near the gun.

• You made statements acknowledging you knew about the gun.

• The firearm was found with your property (wallet, backpack, etc.).

Important:
Being near a gun is not automatically the same as possessing it. If several people had access to the area where the firearm was found, prosecutors have a harder job proving you personally exercised control over it.

Examples of Constructive Possession in California

• Example 1: You borrow a friend’s car and are pulled over. Police find a gun in the glove compartment. If they can prove you knew the gun was there and had control over it, you could be charged.

• Example 2: A gun is found under your bed during a probation search. Even if you weren’t holding it, the fact it was in your room — and you had ready access to it — can lead to constructive possession charges.

• Example 3: You live with roommates, and police find a firearm in a shared living room closet. Unless they can prove the gun was yours or under your specific control, it’s harder for prosecutors to prove constructive possession.

What Are the Penalties for Firearm Possession in California?

• Unlawful possession of a firearm (Penal Code 29800)
  Felony charge for individuals prohibited from owning guns, such as convicted felons or those convicted of certain misdemeanors.
  Penalty: 16 months, 2 years, or 3 years in state prison.

• Possession of a concealed firearm (Penal Code 25400)
  This offense can be charged as either a misdemeanor or a felony depending on the circumstances.
  Misdemeanor Penalty: Up to 1 year in county jail.
  Felony Penalty: Up to 3 years in state prison.

• Possession of a loaded firearm (Penal Code 25850)
  Carrying a loaded firearm in public without lawful authorization.
  Misdemeanor Penalty: Up to 1 year in county jail.
  Felony Penalty: Up to 3 years in prison.

If you are caught with a firearm while on probation, parole, or subject to a restraining order, the penalties can escalate significantly — often resulting in mandatory prison time and additional charges.

Additional Consequences of a Firearm Conviction

• A lifetime ban on owning or possessing firearms

• Loss of voting rights (for felony convictions)

• Serious obstacles to securing employment or housing

• Potential immigration consequences for non-citizens, including deportation or inadmissibility

• Difficulty obtaining or maintaining professional licenses

How to Defend Against Constructive Possession Charges

• Lack of Knowledge:
  You did not know the firearm was present. Without proof that you knew about the gun, prosecutors cannot establish possession.

• Lack of Control or Access:
  You did not have the ability to exercise control over the firearm — for example, it was locked away or otherwise inaccessible to you.

• Shared Access:
  Other people had equal access to the location where the firearm was found (such as roommates or guests), making it difficult to prove exclusive control.

• Illegal Search and Seizure:
  If law enforcement violated your Fourth Amendment rights during the search (e.g., no valid warrant, exceeding the warrant’s scope, lack of probable cause), evidence of the firearm may be suppressed, leading to dismissal.

• Third-Party Ownership:
  In some cases, the firearm may legally belong to someone else living in the home or using the vehicle. Demonstrating lawful ownership by another party can weaken the government’s case against you.

Our firm meticulously examines how the firearm was discovered, challenges assumptions about control or ownership, and aggressively pushes back against any weak or circumstantial arguments made by prosecutors. We explore every avenue — from unlawful search issues to rightful ownership defenses — to maximize your chances of a favorable outcome.

Arrested for Firearm Possession in Los Angeles? Talk to a Criminal Defense Attorney Today

If you are facing gun possession charges — especially those based on constructive possession allegations — it’s critical to act quickly. A conviction can seriously impact your freedom, your future, and your constitutional rights.

At The Law Offices of Arash Hashemi, our Los Angeles criminal defense attorney brings over 20 years of experience fighting firearm-related charges across Los Angeles County. When you contact our office, Attorney Hashemi will personally meet with you, carefully review your situation, and discuss a legal strategy focused on protecting your rights, your record, and your future.

Don’t leave your future to chance. Early intervention by a skilled attorney can make all the difference.

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 Go to Prison for Wire Fraud in California? What You Need to Know Before It’s Too Late

Wire fraud is one of the most frequently prosecuted white collar crimes in federal court. If you’ve been accused of wire fraud — or even just contacted by a federal agent — you might be wondering: Can I go to prison for this?

The answer is yes. Wire fraud is a felony under federal law, and a conviction can result in serious prison time — even if no money was ever successfully obtained.

At The Law Offices of Arash Hashemi, we represent professionals, business owners, and first-time defendants facing high-stakes federal investigations and criminal charges in Los Angeles. With more than 20 years of experience defending clients in federal court, we know how to fight back against wire fraud allegations — and how to intervene early to avoid the most serious consequences.

What Is Wire Fraud?

Wire fraud is defined under 18 U.S. Code § 1343, and it applies to any scheme intended to defraud someone of money or property using electronic communications. That includes phone calls, emails, text messages, internet platforms, and even wire transfers.

To convict you of wire fraud, federal prosecutors must prove that:

• You intentionally devised or participated in a scheme to defraud;

• You acted with the intent to deceive or cheat someone;

• You used interstate wire communications to further the scheme (email, text, call, etc.);

• It was reasonably foreseeable that your actions would involve wire communications.

Importantly, you don’t have to actually receive money or succeed in the scheme — just the attempt and use of wires is enough to be charged. Although wire fraud is primarily a federal offense, California residents may also face overlapping state fraud charges depending on the conduct.

Is Wire Fraud a Federal or State Crime?

Wire fraud is a federal crime prosecuted under 18 U.S. Code § 1343, which means cases are usually handled by U.S. Attorneys in federal court. However, depending on the facts, you may also face related state charges in California, such as grand theft (Penal Code 487 PC) or forgery (Penal Code 470 PC). These can be filed in addition to or alongside the federal case, especially if the conduct crosses jurisdictions.

Examples of Wire Fraud

• Sending fake invoices or forged wire instructions via email

• Misrepresenting investment opportunities in online communications

• Using fake identities or impersonations in business deals1““““““`

• Filing false claims for unemployment or COVID-19 relief funds (EDD or PPP fraud)

• Phishing scams, Ponzi schemes, or online marketing fraud

• Fraudulent loan applications or mortgage schemes

• Telemarketing scams (common among elder fraud cases)

• Business email compromise (BEC) scams

Because wire fraud is so broad, prosecutors often use it to pursue a wide range of white collar crimes — especially when a specific statute doesn’t cover the conduct directly.

What Are the Penalties for Wire Fraud?

Even a first offense can carry lengthy prison time and steep financial penalties—especially if the alleged fraud involved banks, government benefits, or multiple victims.

Standard Penalties for Federal Wire Fraud

If you are convicted of wire fraud in federal court, you may face:

• Up to 20 years in federal prison

• Fines up to $250,000 for individuals (or $500,000 for organizations)

• Restitution to repay alleged victims for any financial losses

• Supervised release following prison (similar to probation)

You can be sentenced under these guidelines even if no money changed hands—because the crime focuses on the scheme and intent to defraud, not just the outcome.

Enhanced Penalties for Bank-Related or Government Fraud

If the wire fraud involved a financial institution (such as a bank, mortgage lender, or credit union) or a federal benefits program (like PPP loans or EDD unemployment funds), the penalties are significantly more severe:

• Up to 30 years in prison

• Fines up to $1 million

These enhancements are commonly applied in white collar cases tied to COVID-19 relief fraud, tax refund scams, or fraudulent loan applications.

Sentencing Factors That Can Make Things Worse

• The total amount of loss involved in the scheme

• Whether you targeted elderly or vulnerable individuals

• Whether the scheme involved multiple victims

• Use of sophisticated means, fake identities, or foreign accounts

• Any prior criminal history, especially for fraud-related offenses

Wire fraud is also subject to the Federal Sentencing Guidelines, which assign a “score” based on these factors to determine your potential sentence. That’s why early legal strategy matters—it can shape how your case is charged, negotiated, or resolved before sentencing ever occurs.

Can You Avoid Prison for Wire Fraud?

In some cases, yes. Depending on the facts of your case, you may be able to avoid prison through early negotiation, restitution, or cooperation with federal authorities. This is why hiring an experienced federal criminal defense attorney early is so important. Early involvement by your attorney can also influence whether the U.S. Attorney’s Office files charges at all.

Strategies that may help avoid or reduce prison time include:

• Challenging the intent to defraud – Prosecutors must prove you acted knowingly and willfully.

• Demonstrating lack of involvement – You may have been unwittingly caught up in someone else’s scheme.

• Negotiating a favorable plea deal – First-time offenders may be able to avoid incarceration.

• Pre-trial diversion or deferred prosecution – In limited cases, charges may be dismissed after program completion.

• Proving that the evidence was obtained illegally – If your rights were violated, key evidence can be suppressed.

How a White Collar Criminal Attorney Can Help

Wire fraud charges are extremely document-heavy and often involve months or years of investigation. Federal prosecutors don’t bring charges unless they believe they have a strong case. White collar investigations can be stressful, invasive, and deeply damaging to your career or business if not handled correctly. That’s why your defense needs to be even stronger.

Attorney Hashemi has represented clients facing federal charges for more than 20 years, including high-profile wire fraud, PPP loan fraud, EDD fraud, and business-related investigations in Los Angeles. Whether you’re under investigation or already charged, we will:

• Analyze the government’s evidence

• Protect you during interviews or agent contact

• Explore every possible resolution before trial

• Challenge weak or circumstantial evidence

• Help you make informed, strategic decisions from start to finish

Accused of Wire Fraud in California? Talk to a Los Angeles Criminal Attorney Today

If you’re under investigation for wire fraud—or have already been charged—the most important step you can take is contacting a defense attorney as early as possible. These cases are prosecuted aggressively in federal court, and early intervention can make a critical difference in the outcome.

Attorney Hashemi is a Los Angeles criminal attorney with over 20 years of experience representing clients in high-stakes criminal cases, including wire fraud, PPP fraud, and complex white collar investigations. He understands how federal prosecutors build their cases—and how to challenge them at every stage. Protect your freedom, your reputation, and 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.

Vandalizing a Religious Building – California Penal Code 594.3 PC

In California, vandalism is always a serious offense—but when the target is a place of worship, the law imposes even harsher penalties. Under Penal Code 594.3 PC, it is a felony to knowingly vandalize a church, synagogue, mosque, temple, or any other structure used for religious purposes.

These charges are often filed when prosecutors believe the act was not just criminal mischief, but a targeted offense against a protected class or faith-based group. Even if the damage was limited in scope or purely cosmetic, a conviction under this statute can still result in state prison, felony penalties, and long-term consequences.

If you’ve been arrested or accused of vandalizing a religious site in California, it’s critical to speak with a Los Angeles criminal defense attorney immediately—before speaking with police or investigators.

What Counts as Vandalism of a Religious Building in California?

Under Penal Code 594.3, it is a crime to knowingly damage, destroy, or deface any building, property, or structure used for religious worship or gatherings. The law is specifically designed to protect sacred spaces and religious communities from targeted acts of vandalism—regardless of how minor the damage may be.

You may be charged under PC 594.3 if the alleged act involved any of the following:

• Churches, synagogues, mosques, temples, or any building primarily used for religious worship

• Chapels, shrines, or sacred spaces located on private or public land

• Religious items or objects used in worship (e.g., altars, crosses, Torah scrolls, Bibles, icons, or prayer mats)

• Structures connected to religious use, such as fellowship halls, clergy offices, or classrooms

• Outdoor religious features, including statues, memorials, signs, or sculptures maintained by the organization

This law applies even if the structure was unoccupied at the time or the damage caused was superficial or cosmetic. If the vandalism involved fire or explosives, prosecutors may also file arson charges. Malicious arson is charged under Penal Code 451, while reckless burning is charged under Penal Code 452. Both offenses can carry additional prison time and enhancements.

What Must the Prosecutor Prove?

1. You willfully and maliciously committed an act of vandalism (e.g., graffiti, damage, or destruction)

2. The property was used for religious worship or religious activities

3. You knew—or reasonably should have known—that the property was a religious site or was used for religious purposes

If the alleged offense is tied to religious hatred or bias, the prosecution can pursue it as a hate crime—potentially increasing the sentence by one to four additional years in prison.

What Counts as a Religious Building Under Penal Code 594.3?

California law defines a “place of worship” broadly. This includes more than just traditional churches or temples—it can also include:

• Outdoor spaces used for religious ceremonies

• Meeting rooms leased by religious organizations

• Religious schools or nonprofit properties used for worship

The building doesn’t have to be actively hosting a service at the time of the alleged vandalism. If it’s designated or regularly used for religious purposes, it may fall under the protection of PC 594.3.

Penalties Under Penal Code 594.3 PC

If convicted of felony vandalism of religious property under PC 594.3(a), you may face:

• State Prison: 16 months, 2 years, or 3 years

• Fines: Up to $10,000 — or more if the damage exceeds $10,000

• Probation or Supervision: Formal felony probation or parole terms

• Restitution: Court-ordered payment to cover property damage

• Permanent Felony Record: Which may affect employment, licensing, and immigration status

Is Vandalism of a Religious Building Always a Felony?

In most cases, yes—PC 594.3 is designed to punish these acts more severely than ordinary property crimes.

However, there are limited situations where the district attorney may agree to reduce the charge to a misdemeanor, particularly if:

• The defendant is a juvenile or first-time offender

• The damage was minor (under $400)

• There is no evidence of hate crime motivation

• The accused agrees to pay restitution, attend counseling, or complete community service

A skilled criminal defense lawyer may also be able to negotiate pretrial diversion or a plea to a lesser charge under PC 594 instead of 594.3.

How to Fight Charges for Vandalizing a Religious Property

Mistaken Identity

In many cases, police rely on unclear surveillance footage, secondhand reports, or assumptions about who was involved. If no one clearly saw you commit the act—or if there’s a chance someone else was responsible—your attorney can challenge the evidence and raise doubt about your involvement.

No Intent to Cause Damage

To be convicted, prosecutors have to show that you acted willfully and with malicious intent. If the damage was accidental, unintentional, or part of a situation that got out of hand without any deliberate intent to harm religious property, that could make a major difference in your case.

You Didn’t Know the Property Was Religious

Not every building or space has visible religious markings. If you honestly didn’t know the structure was a place of worship or had any religious purpose, your attorney may be able to argue that you shouldn’t be held criminally responsible under this specific law.

Illegally Collected Evidence

If law enforcement searched your phone, home, or vehicle without a proper warrant—or violated your rights during an arrest—your legal team can push to have that evidence thrown out. Without it, the case against you could weaken or fall apart entirely.

Charged with Vandalism of a Religious Building? Speak with a Los Angeles Criminal Attorney Today

Facing charges under Penal Code 594.3 PC is not something you can afford to take lightly. Even first-time offenders risk felony convictions, significant prison time, and long-term consequences for their future.

At The Law Offices of Arash Hashemi, we bring more than 20 years of experience defending clients in serious vandalism, hate crime, and felony property damage cases throughout Los Angeles. Attorney Hashemi knows how to challenge weak evidence, file suppression motions, and push for case dismissals or reductions—especially in cases involving bias allegations or sensitive community institutions.

Whether you’re under investigation or have already been arrested, early legal intervention can make all the difference.

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.

Caught with a Ghost Gun in California? Here’s What You Need to Know

Possessing a ghost gun in California is a serious criminal offense that can result in felony charges, firearm bans, and even prison time. While “ghost guns” and “guns without serial numbers” are often used interchangeably, both refer to privately made, untraceable firearms that do not comply with California’s strict gun laws. These weapons are increasingly targeted by law enforcement and prosecutors across the state—especially in Los Angeles County.

Understanding the law, the potential penalties, and your legal rights is essential if you or someone you know is under investigation for ghost gun possession.

What Is a Ghost Gun in California?

A ghost gun is a firearm that lacks a commercially engraved serial number and is typically assembled from individual parts—often purchased online or manufactured using 3D printing technology. These guns are not sold by licensed dealers and are not registered with the California Department of Justice (DOJ), making them difficult for law enforcement to trace.

Under California law, a ghost gun is usually:

• A firearm without a serial number;

• Privately made or assembled (not manufactured by a licensed dealer);

• Unregistered with the state;

• Often constructed using “80% lower receivers” or unfinished frames.

Ghost guns may function the same as traditional firearms, but their lack of traceability makes them illegal to possess or manufacture unless certain legal requirements are met.

Are Ghost Guns Illegal in California?

Yes. Under California law, most ghost guns are illegal to possess, sell, or manufacture unless they have been properly serialized and registered. Multiple state laws govern how ghost guns are treated, with increasing penalties enacted in recent years to crack down on untraceable firearms.

Key California Ghost Gun Laws:

Penal Code 29180
Anyone who manufactures or assembles a firearm must apply for a unique serial number from the California DOJ. The serial number must then be engraved onto the firearm in accordance with federal standards. Possession of an unserialized firearm is a crime.

Assembly Bill (AB) 879 – Effective July 1, 2022
Requires precursor firearm parts (such as unfinished receivers) to be sold only by licensed vendors and subject to background checks.

Assembly Bill (AB) 1621 – Effective January 1, 2023
Expands restrictions on ghost gun parts and prohibits the possession, purchase, or transfer of unserialized firearms or firearm precursor parts.

These laws apply to all individuals—including private gun builders and hobbyists—regardless of whether the firearm was intended for personal use or resale.

What Is the Penalty for Having a Ghost Gun in California?

Possessing, manufacturing, or selling a ghost gun in California can be charged as a misdemeanor or felony depending on the circumstances. These offenses are often considered “wobblers”—meaning prosecutors have discretion to charge them as either misdemeanors or felonies.

Possession of an Unserialized Firearm – Penal Code 29180

• Misdemeanor: Up to 1 year in county jail and a fine of up to $1,000

• Felony: 16 months, 2 years, or 3 years in state prison

• Possible firearm prohibition under California and federal law

• Potential immigration consequences for non-citizens

If other offenses are involved—such as possession by a prohibited person, possession of a loaded firearm, or firearm trafficking—additional charges and sentencing enhancements may apply.

Common Scenarios That Lead to Ghost Gun Charges

• During a vehicle search where an unserialized firearm is discovered

• Firearm found during execution of a search warrant at home or business

• Weapons possession discovered during another arrest (e.g., drug or gang charges)

• Purchase or assembly of firearm parts traced back to the individual

It’s important to note that even if the firearm was never fired or used in a crime, simply possessing or building a ghost gun without complying with serialization laws can lead to criminal prosecution.

Defenses to Ghost Gun Charges in California

Unlawful Search or Seizure
If law enforcement discovered the firearm through an illegal search—without a warrant or probable cause—your attorney can move to suppress the evidence, which may lead to a dismissal.

Lack of Knowledge
Prosecutors must prove you knowingly possessed or manufactured the ghost gun. If you were unaware of the gun’s condition or didn’t know it lacked a serial number, this may be a viable defense.

Possession by Another Party
In shared homes or vehicles, it may be possible to argue that the firearm belonged to someone else and was not in your control.

Compliance with DOJ Requirements
If the firearm had a serial number applied or was submitted for serialization prior to arrest, it may be possible to show lawful compliance with California’s ghost gun laws.

Mistaken Identity or Fabrication
In some cases, especially involving online orders or kit parts, mistaken identity or false accusations may play a role in ghost gun-related arrests.

What Happens If You Get Caught with a Ghost Gun?

Being caught with a ghost gun in California often leads to swift legal action. Law enforcement takes these cases seriously, particularly in Los Angeles County, where ghost gun enforcement is a top priority.

Typical Law Enforcement Response:

• Immediate seizure of the firearm

• Arrest or citation at the scene

• Referral to the District Attorney’s Office for formal charges

Depending on the circumstances—such as where the gun was found, whether it was loaded, or if other crimes are suspected—officers may conduct further investigation or execute additional search warrants.

Additional Legal Exposure:

Beyond basic possession charges, prosecutors may pursue enhanced or additional charges, including:

• Possession of an illegal firearm

• Possession by a prohibited person

• Firearm trafficking

• Gang or organized crime enhancements

What to Do If You’ve Been Arrested for a Ghost Gun in Los Angeles

If you’ve been arrested or are under investigation for a ghost gun in Los Angeles or elsewhere in California, do not speak to police or investigators without a lawyer present. These cases can move quickly, and early legal intervention is critical to protecting your rights.

Potential outcomes may include:

• Dismissal of charges due to lack of evidence or illegal search

• Reduction from felony to misdemeanor

• Diversion programs for eligible first-time offenders

• Probation in lieu of jail or prison

• Avoidance of a permanent firearm ban

Facing Ghost Gun Charges? Speak with a Los Angeles Criminal Defense Attorney Today

If you’ve been arrested or are under investigation for possessing, manufacturing, or selling a ghost gun, the legal consequences can be severe. California prosecutors are aggressively pursuing these cases, and convictions can result in jail or prison time, firearm bans, asset seizures, and long-term damage to your record.

Attorney Hashemi has over 20 years of experience representing clients in complex firearms and weapons cases throughout Los Angeles. He understands how ghost gun charges are investigated and prosecuted—and how to build strong legal defenses that challenge unlawful searches, flawed evidence, and overreaching charges.

Whether you’re facing a first-time offense or are already being charged, early legal representation can make a critical difference in the outcome of your case. We will evaluate your situation, protect your rights, and fight to minimize the impact on 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.

Understanding PC 240 and PC 242: California Assault and Battery Charges Explained

Being charged with assault or battery in California is serious — and these two offenses are often misunderstood. While many people think of them as the same, assault and battery are legally distinct crimes with different elements and penalties. A single encounter can result in one or both charges, depending on how the event unfolded.

Whether you’re under investigation or already arrested, it’s critical to understand the law, your rights, and what to expect from the criminal justice process. This guide breaks down California assault and battery laws, the key legal distinctions between them, penalties you could face, common defenses, and why hiring an experienced criminal defense lawyer is essential.

What Is Assault Under California Law?

In California, assault is governed by Penal Code 240. It is defined as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” Importantly, assault does not require actual physical contact. It is enough that a person attempts to apply force in a way that could reasonably cause injury.

To secure a conviction for assault, a prosecutor must prove:

• You acted willfully
• You knew your actions would likely result in force being applied to another person
• You had the present ability to apply that force
• You were not acting in self-defense or defense of others

For example, if during an argument you raise your hand and lunge at someone as if to punch them — but don’t make contact — that can still result in an assault charge. The law focuses on the attempt and capacity to cause harm, not the result.

What Constitutes Battery in California?

Battery is addressed in California Penal Code 242. It occurs when there is actual and intentional physical contact with another person in a harmful or offensive manner. Unlike assault, battery requires contact, but that contact does not need to cause pain or injury. The key element is that the touch was unlawful and intended.

To prove battery, the prosecutor must show:

• You willfully touched another person
• The contact was harmful or offensive
• The act was not committed in self-defense or defense of another

This means that even a shove, slap, or grabbing someone’s clothing without consent can be charged as battery. No injury is necessary. For example, throwing water in someone’s face or pushing past someone in anger could qualify as battery under the law.

Assault vs. Battery in California: What’s the Difference?

The core difference lies in contact. Assault is an attempt or threat to use force — a preparatory act that stops short of physical impact. Battery involves actual physical contact.

You can be charged with assault if you try to hit someone and miss. You can be charged with battery if you make even minor physical contact in a way that’s aggressive, unlawful, or offensive. Because these two charges focus on different elements, they are often charged together. For example, if you swing at someone and connect with a punch, the assault occurred with the swing, and the battery occurred with the contact.

This distinction matters for defense strategy, sentencing, and plea negotiations. Understanding what you are charged with — and why — is the first step in protecting your legal rights.

Why Are People Charged with Both Assault and Battery?

It is common for the prosecution to file both charges in a single incident because many confrontations involve both an attempt to cause harm and the actual infliction of harm.

For instance, if someone threatens to hit another person and then follows through, both the threat (assault) and the physical contact (battery) can be separately charged. Prosecutors often charge both to give themselves more leverage in court. This also allows a jury to convict on one offense even if the other cannot be proven beyond a reasonable doubt.

Charging both offenses increases the prosecutor’s options and allows them to seek a harsher penalty if the facts support it. It also complicates the case for the defense, which must be prepared to rebut multiple theories of liability.

Penalties for Assault and Battery in California

Penalties for Simple Assault (Penal Code 240):

• Misdemeanor offense
• Up to 6 months in county jail
• Fines up to $1,000
• Possible probation, community service, and anger management classes

Penalties for Simple Battery (Penal Code 242):

• Misdemeanor offense
• Up to 6 months in county jail
• Fines up to $2,000
• Restraining orders may be issued, and probation is common

Aggravating circumstances can elevate both charges to felonies. For example:

• Battery causing serious bodily injury (Penal Code 243(d)): Up to 4 years in prison
• Assault with a deadly weapon (Penal Code 245(a)(1)): Up to 4 years in prison
• Battery on a peace officer or emergency responder (Penal Code 243(b)): Enhanced penalties, even if no injury occurred

Common Defenses to Assault or Battery Charges

Self-Defense or Defense of Others: If you reasonably believed that you or someone else was in imminent danger and used only the amount of force necessary to protect yourself or them, the law allows that use of force. This is one of the most effective defenses in violent crime cases.

Lack of Intent: Both assault and battery require a willful act. If your actions were accidental, or you lacked the intent to cause harm, you may not be guilty. For example, bumping into someone in a crowded area might be rude, but it is not a crime.

Consent: If the contact occurred during a mutually agreed activity — such as contact sports or a consensual fight — the element of unlawful force may be missing. Consent can be a full or partial defense.

False Accusations: In some cases, alleged victims fabricate or exaggerate claims out of anger, jealousy, or to gain an advantage in another legal matter, such as a custody dispute. Cross-examination and evidence review can expose inconsistencies.

Insufficient Evidence: The prosecution must prove guilt beyond a reasonable doubt. If the case relies on unreliable witnesses, lacks physical evidence, or contradicts video footage, your attorney can challenge the sufficiency of the case and push for dismissal or acquittal.

How a Criminal Defense Lawyer Can Help

Being charged with assault or battery can be overwhelming, especially if it’s your first time facing the criminal justice system. You may be unsure of your rights, how serious the charges are, or what to say to the police. A knowledgeable criminal defense attorney is your first and best line of protection.

An experienced lawyer will:

• Analyze police reports, medical records, and surveillance footage
• Interview witnesses and identify inconsistencies in the prosecution’s case
• File motions to suppress illegally obtained evidence
• Negotiate with the prosecutor to reduce or dismiss charges
• Prepare a strong defense for trial if necessary

What to Do If You’re Accused of Assault or Battery in Los Angeles

If you’re facing charges, the worst thing you can do is wait. Here’s what you should do immediately:

1. Do not speak to police without an attorney present. Even statements that seem harmless can be used against you.
2. Write down everything you remember. Include names, dates, and witnesses. Memory fades quickly — documenting early helps your case.
3. Preserve evidence. Keep any text messages, voicemails, photos, or videos related to the incident.
4. Stay off social media. Anything you post can be used by the prosecution.

Facing Assault or Battery Charges in Los Angeles? Talk to a Criminal Defense Attorney Today

If you’ve been accused of assault or battery in California, your next steps matter. These charges can carry serious consequences — from jail time and fines to a permanent criminal record that affects your future. Whether the incident involved a misunderstanding, a mutual altercation, or false accusations, early legal intervention is key.

Attorney Hashemi is a Los Angeles criminal defense attorney with over 20 years of experience handling violent crime cases across Southern California. He knows how prosecutors build assault and battery cases — and how to dismantle them through pretrial motions, negotiation, or trial defense.

If you want to protect your record and fight back against aggressive prosecution, now is the time to act.

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.

If you’ve been charged with a crime in California, one of the most important — and often most difficult — decisions you’ll face is whether to take a plea deal or go to trial. It’s not just a legal choice. It’s a decision that could impact your freedom, your record, your future, and your peace of mind. And once you make it, there’s rarely a way to undo it.

The truth is: there’s no one-size-fits-all answer. What’s right for one person might be wrong for another. But what’s critical is understanding what’s at stake, what your options really mean, and how the decision should be made — based on the facts of your case, the strength of the evidence, and your personal goals.

At The Law Offices of Arash Hashemi, we’ve been guiding clients through this decision for over 20 years. Whether you’ve been charged with a misdemeanor or a serious felony in Los Angeles, we take the time to explain what the DA is offering, what going to trial would involve, and what gives you the best chance of protecting your future.

A plea deal is a negotiated agreement between you and the prosecutor. In exchange for pleading guilty (or no contest), the prosecution offers a reduction in charges, sentencing leniency, or other concessions. Sometimes it means avoiding jail. Other times, it’s about avoiding a strike, a felony, or immigration consequences.

On the surface, it might seem like the safest route. But not always. Pleading guilty means accepting a conviction — and that can come with long-term consequences you might not fully realize at first: loss of professional licenses, trouble finding a job, travel restrictions, or even deportation for non-citizens.

On the other hand, going to trial means forcing the prosecution to prove every part of their case beyond a reasonable doubt. It puts the burden on them — not you. If the evidence is weak, contradictory, or gathered illegally, trial may be your best shot at a full dismissal or a not guilty verdict.

But trials also carry risks. If you’re convicted after trial, the penalties can be more severe than what the prosecutor originally offered. That’s why it’s critical to have a defense attorney who’s not just experienced in court — but who knows how to assess whether the trial is truly in your best interest.

When we help clients with this decision, we always start with the evidence. We look at:

• How strong is the case against you?

• Were your rights violated during the stop, search, or arrest?

• Are there key witnesses with credibility issues?

• Has the DA overcharged the case or added enhancements?

• Is the plea deal actually better than what a judge might impose after trial?

We also look at your personal goals. Is avoiding jail your top priority? Is it more important to avoid a conviction altogether? Are there immigration or professional consequences to consider? We tailor your strategy to what matters most to you — and we’re honest about the risks, the leverage, and your chances at each step.

One of the biggest mistakes people make is accepting a plea deal just to “get it over with,” without realizing what they’re agreeing to. Don’t do that. At the very least, speak to an experienced criminal defense attorney who can break it down clearly — and explain what the prosecution still has to prove.

Our criminal defense attorney, Arash Hashemi personally handles each case. He’ll sit down with you, go over the discovery, review the plea offer, and explain what a trial would actually look like. Then, together, we decide on the path forward — whether that’s negotiating a better deal or preparing to fight in court.

And remember: just because you’re considering a plea doesn’t mean you have to accept the first offer. We often negotiate for better terms — including reduced charges, no jail time, or alternative sentencing like diversion or probation. In many cases, we can turn a “take it or leave it” deal into something far more favorable.

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 for bring drugs into a correctional facility, you could be facing prison time, a felony record, and enhanced penalties based on the type and quantity of drugs involved. Our experienced criminal 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: What Every Driver Needs to Know

Understanding how to legally carry a gun in your car in California is critical to avoiding criminal charges. California enforces some of the strictest firearm transport laws in the country, and even small mistakes — such as storing a pistol in the glovebox — can result in serious legal consequences.

Whether you are a first-time gun owner, recently purchased a firearm for protection, or have been stopped by law enforcement during a traffic stop, it is important to know how firearm transport laws work in this state. California law applies equally to registered gun owners, and being unaware of the legal requirements is not a defense.

This guide explains how to carry a handgun legally in your car under California law, what qualifies as a concealed carry violation in a vehicle, and the most common firearm transport mistakes that lead to criminal charges. It also addresses key questions such as:
Can I carry a gun in my car in California?
What is considered concealed carry in a vehicle?
Do I need a CCW to carry in my car?

These are all important concerns, and this article provides clear legal answers based on current California law.

What Is Considered Concealed Carry in a Vehicle?

Under California Penal Code § 25400, it is illegal to carry a concealed firearm in a vehicle unless you have a valid California concealed carry weapons (CCW) permit. But what does “concealed” actually mean in the context of a vehicle?

A firearm is considered concealed in a vehicle when it is hidden from plain view and easily accessible to the driver or passengers. This includes:

• A pistol in a glovebox (even if locked)

• A firearm under the seat

• A handgun stored inside a backpack or bag that is within reach

Even if the weapon is unloaded and legally owned, it is still considered a violation of California law if it is stored in this manner without a valid CCW. This is one of the most common reasons lawful gun owners are charged with a crime during routine traffic stops.

To avoid a concealed carry charge in California, you must transport firearms in a way that complies with legal requirements, which are explained in the next section.

How to Legally Carry a Pistol in Your Car in California

If you do not have a valid California concealed carry weapon (CCW) permit, there are strict legal requirements you must follow when transporting a handgun in your vehicle. California firearm transport laws apply whether the gun is registered or not.

To legally carry a pistol in your car, you must meet the following conditions:

• The firearm must be completely unloaded

• It must be stored in a locked container

• The container cannot be the glovebox or center console

• The firearm must not be readily accessible to the driver or passengers

California doesn’t give much room for error. If a firearm is found loaded or not properly secured, you could be arrested for carrying a concealed weapon (§ 25400) or carrying a loaded firearm (§ 25850) — even if it’s registered.

What Counts as a “Locked Container” Under California Law?

California law defines a “locked container” as a fully enclosed container that is secured by a key, combination lock, or other locking device. Glove compartments and center consoles — even if lockable — do not qualify under the law.

Acceptable locked containers include:

• A hard-sided gun case with a built-in locking mechanism

• A lockbox with a digital or mechanical lock

• The trunk of your car, as long as it is not accessible from the passenger compartment

For example:

• In a sedan, the trunk qualifies as a locked container.

• In an SUV or hatchback without a separate trunk, use a locked case and store it in the rear area of the vehicle.

Important: Simply placing a gun under the seat or inside a backpack is not legal under California’s vehicle carry laws — even if the weapon is unloaded and registered. This type of storage is often cited as evidence of concealed carry in violation of Penal Code § 25400.

By using a legally compliant locked container, gun owners reduce their risk of arrest and prosecution during traffic stops or vehicle searches.

What About Ammunition?

A common mistake among California gun owners is misunderstanding how to legally store ammunition when transporting a firearm in a vehicle. While California law does not require ammunition to be locked up in a separate container, how and where it is stored can determine whether you are in violation of the law — especially under Penal Code § 25850, which prohibits carrying a loaded firearm in public or in a vehicle.

Here’s what California law requires — and what you should do to stay compliant:

• Do not store loaded magazines or speed loaders in the same container as the firearm.
  Even if the firearm is technically unloaded, law enforcement may interpret this setup as having a “loaded firearm” within reach.

• Keep ammunition separate from the gun.
  Ideally, store ammunition in a different container and away from the passenger area. This adds a layer of legal protection if you’re ever stopped or searched.

• Never transport a loaded firearm in a vehicle unless you have a valid California concealed carry permit.

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

Having a valid California concealed carry weapon (CCW) permit gives you more flexibility when transporting a handgun in your car — but it does not eliminate all legal risks. Permit holders are still required to follow strict guidelines, and violations can result in criminal charges.

Here’s what the law allows if you have a current, valid California CCW:

• You may legally carry a loaded, concealed handgun in your vehicle.

• Your CCW must be issued by a California law enforcement agency (typically the county sheriff or city police chief).

• The permit must be valid in the county where you are driving.

Keep in mind:

• Out-of-state CCW permits are not recognized in California.
  A valid permit from another state (e.g., Nevada, Arizona, Texas) does not make it legal to carry a loaded or concealed gun in your vehicle in California. You can still be arrested and charged under Penal Code § 25400.

• Permit conditions still apply.
  Even with a valid CCW, there are places where carry is prohibited, including:

  • School zones (unless written permission is granted)

  • Federal buildings

  • Government facilities and courthouses

  • Airports and TSA-screened areas

These rules should be carefully followed, as violating them can result in misdemeanor or felony charges — even if your firearm is otherwise legally carried.

Does It Matter If the Gun Is Registered?

Yes — but registration alone is not enough to make transporting a firearm in your vehicle legal in California.

A common misconception among gun owners is that having a firearm registered to their name gives them the right to carry it in a vehicle. In reality, California law requires much more than registration to avoid criminal charges during transport.

Here’s what you need to know:

• Registration does not authorize concealed or loaded transport.
  Even if the handgun is legally registered to you, it must still be unloaded, secured in a locked container, and not accessible from inside the vehicle, unless you have a valid California CCW permit.

• Illegal transport of a registered firearm is still a criminal offense.
  Violating Penal Code § 25400 (concealed carry without a permit) or Penal Code § 25850 (carrying a loaded firearm) does not depend on whether the weapon is registered — it depends on how the firearm was stored and transported.

• Unregistered firearms carry additional legal risks.
  If a gun is inherited, gifted, or purchased out of state and has not been registered with the California DOJ, law enforcement may question the legality of your possession. In some cases, this can lead to felony charges under Penal Code §§ 29800 or 27545, particularly if you are legally prohibited from possessing firearms.

If you’re cited or arrested for illegal transport, your firearm’s registration status may affect the outcome — but it will not excuse improper storage or carrying in a vehicle.

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

Yes — but California’s firearm transport laws apply no matter who owns the car. Whether you are the driver or a passenger, you are responsible for how a firearm is carried inside a vehicle.

Here are the key rules:

• The firearm must be unloaded and locked in a secure container.
  As with your own vehicle, storing a gun in the glovebox, center console, or under the seat is not allowed — even if the vehicle belongs to someone else.

• Both the driver and passenger may face charges.
  Law enforcement may arrest or cite both parties if a gun is found accessible, loaded, or improperly stored. The driver can be held responsible for the contents of the vehicle, even if the gun is not theirs.

• Passengers are not immune.
  If you’re in possession of a firearm and it’s not transported legally, you may be charged under Penal Code § 25400 for carrying a concealed weapon — regardless of vehicle ownership.

• Loaded or accessible firearms carry greater legal consequences.
  If the gun is within arm’s reach during a traffic stop — such as under the seat or in a backpack — and especially if it’s loaded, the situation may escalate to a felony arrest under California’s firearm statutes.

In short, transporting a firearm legally means complying with all applicable laws — whether you’re driving your own car or riding in someone else’s.

Common Mistakes That Lead to Gun Charges in California

Even responsible gun owners can face criminal charges in California due to unintentional mistakes while transporting firearms in a vehicle. The laws are strict, and enforcement is aggressive — especially in Los Angeles County and other major metro areas.

Here are the most common mistakes that result in criminal charges:

• Storing a gun in the glovebox or center console
  Many people believe these compartments are acceptable storage options. They are not. Under Penal Code § 25400, even an unloaded gun stored in the glovebox may be considered a concealed firearm.

• Leaving a gun under the seat or in a backpack
  Even if the firearm is unloaded, this type of storage may violate California’s concealment laws. Courts and law enforcement often treat any accessible firearm as unlawfully carried if not properly locked and stored.

• Transporting a loaded firearm without a valid CCW
  A loaded gun in a vehicle — whether in a trunk, case, or elsewhere — without a concealed carry permit can result in criminal charges under Penal Code § 25850. Even a magazine inserted into the firearm or nearby may trigger liability.

• Carrying a firearm using an out-of-state concealed carry permit
  California does not recognize concealed carry permits issued by other states. This is one of the most common errors made by travelers or new residents and often leads to arrest.

• Being in possession of a firearm with a prior felony or disqualifying conviction
  Individuals prohibited from firearm possession under Penal Code §§ 29800 or 29900 — due to felony, domestic violence, or certain restraining orders — may face automatic felony charges for having a gun in their vehicle, even if transported legally.

Each of these mistakes can result in serious legal consequences — including jail time, permanent criminal records, and the loss of gun rights.

Frequently Asked Questions (FAQ)

What is considered concealed carry in a vehicle in California?
A firearm is considered “concealed” when it is hidden from plain view and readily accessible inside a vehicle — such as in a glovebox, under a seat, or in a backpack. Without a valid California CCW permit, this is illegal under Penal Code § 25400.

Do I need a CCW to carry a loaded firearm in my car?
Yes. In California, you must have a valid concealed carry permit issued by a local law enforcement agency to legally carry a loaded and accessible firearm in your vehicle. Without it, even a licensed and registered gun can result in criminal charges.

Can I carry a gun in my car if it is unloaded and locked?
Yes. If the firearm is completely unloaded, stored in a locked container (not the glovebox or center console), and not accessible from the passenger area, it is generally legal to transport it under California law — unless other restrictions apply to you personally.

Is it legal to have a loaded magazine in the same case as the gun?
No. While California law doesn’t explicitly prohibit it, carrying a loaded magazine in the same case as the firearm may be interpreted as carrying a loaded weapon — especially under Penal Code § 25850. It’s safest to store magazines separately.

Does California honor concealed carry permits from other states?
No. California does not recognize CCW permits issued by any other state. If you are carrying a firearm under an out-of-state permit, you may be arrested and charged for unlawful concealed carry under California law.

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 the Difference Between VC 23152(a) and VC 23152(b) DUI 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.

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.

What Is Racketeering Conspiracy in California?

Racketeering conspiracy is a serious federal and state offense that involves an agreement between two or more individuals to engage in a pattern of criminal activity as part of an organized criminal enterprise. In California, racketeering conspiracy is often charged under the state’s Control of Profits of Organized Crime Act, similar to the federal RICO laws.

To prove racketeering conspiracy, prosecutors must show:

• There was an agreement to participate in an ongoing criminal enterprise;

• The criminal conduct involved at least two or more related criminal acts (known as “predicate offenses”) within a specific time frame;

• The purpose of the conspiracy was to financially benefit the participants or the enterprise.

Unlike a simple conspiracy, racketeering conspiracy typically requires a pattern of racketeering activity — meaning repeated criminal acts connected to a broader operation, such as drug trafficking, money laundering, fraud, or extortion. Even if an individual did not personally commit the crimes, agreeing to further the enterprise’s illegal goals can lead to serious felony charges.

A conviction for racketeering conspiracy can carry severe penalties, including long prison sentences, large fines, and the forfeiture of property connected to the alleged criminal activity.

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