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.

What Qualifies as Possession Under Penal Code 29610?

Penal Code 29610 covers both actual and constructive possession of a firearm by a minor in California. This means that a minor may be charged under PC 29610 even if the gun was not physically on their person but was instead located in a backpack, vehicle, bedroom, locker, or any area over which the minor has control. Both loaded and unloaded firearms are included under this law. It is not necessary for the minor to own the weapon or to have used it—mere access or control can be enough for prosecutors to file charges.

Penalties for Minor in Possession of a Firearm in California

Under PC 29610, minor in possession of a firearm in California can be charged as either a felony or misdemeanor, depending on the circumstances.

Misdemeanor Penalties

• 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

• 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.

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.

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.

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

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

Penalties for Conspiracy and Racketeering in California

Conspiracy Penalties – California Penal Code 182

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

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

Racketeering Penalties – California Penal Code 186.2–186.11

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

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

Defenses to Conspiracy and Racketeering Charges in California

Lack of Agreement or Intent (Conspiracy)

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

No Pattern of Criminal Activity (Racketeering)

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

No Involvement in a Criminal Enterprise

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

Withdrawal from the Conspiracy

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

False Accusations or Mistaken Identity

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

Illegally Obtained Evidence

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

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

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

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

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

Schedule a Free Consultation

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

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

California Racketeering Laws

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

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

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

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

What Is Racketeering in California?

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

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

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

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

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

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

California’s Racketeering Law – Penal Code 186.2 Overview

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

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

Under Penal Code 186.2, the prosecutor must show:

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

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

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

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

How Criminal Profiteering Is Proven in California

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

The “Pattern” Requirement

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

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

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

Qualifying Criminal Offenses

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

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

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

Penalties for Racketeering in California

Asset Forfeiture Under California Law

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

This means the state can take:

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

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

Criminal Penalties and Prison Time

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

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

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

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

Possible Legal Defenses to Racketeering Charges in California

No Pattern of Criminal Profiteering

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

Lack of Financial Motive

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

No Connection to a Criminal Enterprise

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

Unlawful Seizure or Asset Forfeiture

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

False Allegations or Overcharging

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

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

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

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

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

Schedule a Free Consultation

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

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

What Is Child Neglect Under Penal Code 270 PC?

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

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

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

Legal Definition of Child Neglect – PC 270

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

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

Key definitions:

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

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

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

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

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

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

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

What Is Considered a “Lawful Excuse”?

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

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

However, the following do not qualify as lawful excuses:

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

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

Penalties for Child Neglect in California – PC 270

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

Misdemeanor Penalties:

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

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

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

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

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

Common Legal Defenses to PC 270 Charges

You Did Not Willfully Fail to Provide Care

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

You Had a Lawful Excuse

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

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

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

You Are Not the Legal Parent

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

Mistake of Fact or False Accusations

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

Religious or Alternative Medical Care

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

You Were Falsely Accused Out of Malice or Retaliation

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

Strategic Defense Planning

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

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

Will Child Protective Services (CPS) Get Involved?

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

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

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

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

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

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

Speak with a Los Angeles Criminal Defense Attorney

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

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

Schedule a Free Consultation

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

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

Firearm Sentencing Enhancements Under California Law

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

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

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

What Is a Sentencing Enhancement?

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

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

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

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

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

Common Firearm Sentencing Enhancements in California

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• Rape

• Spousal rape

• Forcible oral copulation

• Lewd acts on a child

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

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

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

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

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

• Enhancement:

  • Up to 3 years added to the sentence

• Key Points:

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

• Common Scenarios:

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

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

PC 12022.5 – Personal Use of a Firearm During a Felony

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

• Enhancement:

  • 3, 4, or 10 years in state prison

• Key Points:

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

• Example:

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

• Why It’s Powerful:

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

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

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

Enhancement Options:

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

Qualifying Felonies Include:

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

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

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

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

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

PC 12022.55 – Discharging a Firearm from a Motor Vehicle

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

Enhancement:

• 5, 6, or 10 years in state prison

Key Points:

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

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

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

Can You Be Charged with Multiple Firearm Enhancements?

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

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

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

How Firearm Enhancements Affect Sentencing in California

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

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

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

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

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

Penalties for Firearm Sentencing Enhancements in California

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

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

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

• Whether the weapon was simply possessed or actively used

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

• Whether anyone was injured or killed during the crime

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

For example:

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

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

Legal Defenses to Firearm Enhancements

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

Here are some of the most common defense strategies:

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

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

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

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

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

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

Why Firearm Sentencing Enhancements Are So Serious

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

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

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

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

Speak with a Los Angeles Criminal Defense Lawyer Today

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

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

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

Schedule a Free Consultation

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

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

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

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

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

Details of the Shooting

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

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

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

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

Plea Deal and Legal Proceedings

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

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

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

The Target of the Shooting

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

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

Background of Cain Velasquez

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

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

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

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

What Is the Difference Between Corporal Injury and Domestic Violence in California?

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

Understanding Corporal Injury vs. Battery Charges

Corporal Injury to a Spouse (Penal Code 273.5 PC)

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

Key Elements

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

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

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

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

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

Key Elements

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

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

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

Key Differences Between Corporal Injury and Domestic Battery

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

Penalties for Each Offense

Corporal Injury to a Spouse (PC 273.5) Penalties

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

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

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

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

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

Defenses to Corporal Injury and Domestic Battery Charges

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

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

Contact a Los Angeles Criminal Defense Attorney for Domestic Violence Charges

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

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

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

Schedule a Free Consultation

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

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

Los Angeles is a bike-friendly city, with dedicated lanes and thousands of residents choosing bicycles for daily transportation. But many people still wonder: can you get a DUI on a bike in California? Unfortunately, the answer is yes. Under California Vehicle Code § 21200.5 VC, it is illegal to ride a bicycle while under the influence of alcohol or drugs. In other words, riding drunk on a bike is treated as a misdemeanor offense — often referred to as a “bicycle DUI” or “cycling under the influence.”

While the penalties are lighter than a motor vehicle DUI, a conviction can still lead to fines of up to $250, a criminal record, and even jail time in some cases. For those under 21 or already on DUI probation, the consequences can be even more severe, including possible license suspension. If you have been arrested for a bicycle DUI in Los Angeles, it’s critical to take the charge seriously. An experienced Los Angeles DUI lawyer can review your case, challenge the evidence, and fight to reduce or dismiss the charges so you can protect your record and future.

VC 21200.5 – Cycling Under the Influence in California

Under California Vehicle Code 21200.5 VC, it is illegal to operate a bicycle on a public road, bike path, or highway while under the influence of alcohol or drugs. This offense is often referred to as “cycling under the influence” or a bicycle DUI.

While California law treats bicycles like motor vehicles in many respects, a DUI on a bicycle carries different penalties than a traditional DUI under VC 23152:

• Lower penalties – A bicycle DUI conviction carries a maximum fine of $250, significantly less than a car DUI.

• No driver’s license suspension – Unlike motor vehicle DUIs, a bicycle DUI does not automatically trigger a DMV suspension (unless you are under 21 or already on DUI probation).

• No set BAC limit – A car DUI has a legal blood alcohol concentration (BAC) limit of 0.08%. For bicycles, there is no fixed BAC threshold. Instead, an officer determines impairment based on your behavior and physical signs, such as balance, speech, or coordination.

Even though penalties are lighter, a conviction for riding a bicycle under the influence is still a misdemeanor and can appear on your criminal record.

Bicycle DUI Penalties in California (VC 21200.5)

A bicycle DUI under VC 21200.5 is a misdemeanor offense in California. While the consequences are less severe than a car-related DUI, the penalties can still impact your record and future. If convicted, you may face:

• A fine of up to $250

• Up to 90 days in county jail (rare for first-time offenders)

• A misdemeanor conviction on your criminal record

In some cases, the court may also order alcohol education classes or community service instead of jail time.

Even though the financial and custodial penalties for a DUI on a bicycle are lighter than those for a motor vehicle DUI, having a criminal record for cycling under the influence can still cause problems in employment, licensing, and future legal matters.

Can You Ride a Bike Drunk in California?

Many people assume that biking home after drinking is a safe and legal alternative to driving a car. Unfortunately, this is a misconception. Under California Vehicle Code 21200.5, it is illegal to ride a bicycle while under the influence of alcohol or drugs.

This means you can be arrested and charged with a “bicycle DUI” (sometimes called cycling under the influence). The penalties may be lighter than a standard DUI — usually a fine of up to $250 and a misdemeanor on your record — but the conviction can still create long-term consequences.

In addition, if your behavior is dangerous or disorderly, police may also cite you for public intoxication (Penal Code § 647(f)) while riding a bike. This can lead to additional penalties beyond the bicycle DUI charge.

The bottom line: riding a bike drunk in California is not a legal loophole. It can still result in criminal charges, fines, and a permanent record.

Can a Bicycle DUI Affect Your Driver’s License in California?

In most cases, a conviction for bicycle DUI under VC 21200.5 does not trigger an automatic driver’s license suspension like a standard motor vehicle DUI. However, there are important exceptions:

• Under 21 years old – If you are under 21, the court may impose a one-year driver’s license suspension as part of your sentence.

• Already on DUI probation – If you are serving probation for a prior DUI involving a motor vehicle, a new bicycle DUI can lead to additional DMV penalties, including license revocation or extended probation terms.

While a bicycle DUI may not affect your license in most cases, it can still leave you with a misdemeanor criminal record, fines, and other legal consequences that show up on background checks.

Defenses Against a Bicycle DUI Charge

Several defenses may be available if you are charged with a bicycle DUI under VC 21200.5. One of the most common is to challenge the allegation of intoxication. Since many bicycle DUI arrests do not involve a breathalyzer or blood test, prosecutors often rely only on the officer’s observations. If those observations were inaccurate, exaggerated, or contradicted by other evidence, the charge may not hold.

Another potential defense involves questioning the legality of the stop itself. If the police lacked reasonable suspicion to stop you while riding, any evidence they gathered — including claims of impairment — could be excluded from the case. Without this evidence, the prosecution may have difficulty proving guilt.

A defendant might also argue that they were not on a public roadway, bike path, or highway at the time of the incident. VC 21200.5 applies only to public areas, so riding under the influence on private property does not fall under the statute.

Finally, the prosecution must prove actual impairment, not just that alcohol was consumed. Unlike a motor vehicle DUI, there is no set blood alcohol concentration (BAC) threshold for bicycles. If the evidence fails to show that your ability to safely operate the bicycle was impaired, the case may be dismissed.

Frequently Asked Questions About Bicycle DUIs

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

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

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

Can you refuse a breathalyzer for a bicycle DUI?

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