Fuller Law Firm
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Property crimes generally refer to criminal offenses in which an alleged offender steals, destroys, or otherwise violates another party’s property rights. A conviction for a property crime in California can result in serious criminal penalties. While many property crimes may be misdemeanor offenses, several others can result in felony criminal charges. If you are facing property crime charges in California, seek the help of a San Jose, CA property crimes defense attorney.
The most common kinds of property crimes in California usually include:
Burglary — Under California Penal Code § 459, an alleged offender who enters another party’s property with intent to commit grand or petit larceny or any felony commits burglary. First-degree burglary involves burglary of residential structures while second-degree burglary crimes involve other types of structures. Convictions are punishable by up to six years in prison.
The stereotypical image that may come to mind when you hear “domestic violence” is of a man physically attacking a female romantic partner. While this form of domestic violence is fairly common, it is far from the only situation in which domestic battery may be charged. People of any gender may be charged with domestic battery, and the victim need not be a current romantic partner. Regardless of the specific set of circumstances leading up to a domestic battery arrest, the charge remains heavily stigmatized.
The collateral consequences associated with a domestic battery conviction may even be worse than the judicial consequences. You may face struggles similar to those a felon may face in finding a good job, securing educational opportunities, or even finding housing that is acceptable to you. If you have been accused of domestic violence, it is important to take the situation very seriously and find a skilled criminal defense lawyer.
If you are eligible for PC 1000, a pretrial diversion program for those with minor drug charges, it may provide an opportunity for you to keep your criminal record clean. For those who qualify, it may prove invaluable. If you successfully complete this diversion program, your charges will be dismissed. You will not have a conviction. To succeed in this program, you must commit to certain requirements, like seeking substance abuse treatment and staying clean and sober. There are also requirements for entering these programs. They are designed for people who use and possessed drugs and may benefit from treatment, not manufacturers or distributors.
For many eligible individuals, but not all, this will be their first interaction with the criminal justice system. If you believe that you are eligible for this drug diversion program, your attorney will likely advise you to take advantage of it in most situations.
California's temperate weather and rich culture make it a perfect place to explore on bicycle. Unfortunately, motor vehicle accidents involving bicyclists are not uncommon. If you have been injured in a bicycle accident, you may be wondering who is at fault and whether you can recover compensation for your injuries. The answer to these questions depends on the specific facts of your case. In general, California law follows the "fault" system when it comes to car accidents. This means that the person who caused the accident is typically responsible for paying for any damages that result. However, liability for bicycle accidents is rarely straightforward.
A motorist's liability for a car-on-bicycle crash depends on the circumstances of the accident. If the driver was speeding, texting, driving while intoxicated, failed to yield, or was otherwise driving in a negligent manner, and this led to the accident, then the driver may be held liable. The at-fault driver's auto insurance company may be required to pay for the bicyclist's medical bills, property damage, and other damages.
Mental illnesses affect millions of people across the country. Unfortunately, some people with mental illnesses end up facing criminal charges.
In California, mental health assistance and diversion programs that focus on treatment and rehabilitation instead of punishment are available to people with mental health issues. These programs help people get the treatment and mental health care they need.
A pretrial diversion program is an alternative to traditional prosecution and sentencing. In a pretrial diversion program, the defendant agrees to participate in treatment and other services for a set period of time. If the defendant completes the program successfully, the charges against them may be dismissed. The arrest record is eventually sealed and not accessible to the public.
After any serious California car accident, insurance companies have to get involved to determine the extent of the damage and to find out their client’s liability. While this is an important part of the post-accident process, for victims who have been injured in car accidents, dealing with insurance adjusters is just one more headache to handle. Worse, the insurance adjusters representing the party responsible for the accident are not acting for the benefit of the injured party; instead, they are trying to help their company get away with paying the minimum amount possible in a settlement offer. If you have been injured in a San Jose car accident, get help right away from a personal injury attorney who can provide legal advice as you navigate insurance companies, pursue compensation for your injuries, and more.
Many good kids have gotten caught in the vicious cogs of the California juvenile detention system. While the ostensible purpose behind juvenile punishment is to help kids learn a lesson for making poor choices, the outcome is often more criminality and recidivism. Fortunately, there are often options available that do not result in criminal charges. An attorney can help you explore potential juvenile diversion options and work to ensure your child is not formally charged with a crime.
Once a minor has been charged with a crime, several options besides prosecution may be available depending on the type of crime a minor is charged with. These include:
Probation Informal Supervision (POIS) - POIS allows a minor to be informally supervised for six months by the Juvenile Probation Department without formally admitting the charge in court. If the minor completes the requirements of the information POIS, their case is dismissed.
Dog bites are usually traumatic experiences, but for children who have very little life experience, a serious dog bite can cause trauma that lasts a lifetime. Despite this, the vast majority of dog bites are not reported to the authorities, and the victims and their families do not seek compensation. Even when cases are reported, and insurance companies make payouts to the victims of dog bites, unless a personal injury attorney is involved, victims and their families are often not compensated for the full value of their damages. The following three dog breeds are the most likely to bite children and cause severe injury. If your child has been bitten by one of these breeds, or any other type of dog, seek legal representation right away.
American Pit Bull terriers, American Staffordshire terriers, Staffordshire terriers, and mixed breed pit bulls are the breeds that take the number one spot for the most frequent and severe dog bites. While the vast majority of pit bulls are gentle dogs, these dogs were bred to fight and frequently bite children in the head and neck. When they do bite, they tend to latch on and not let go, resulting in severe and disfiguring injuries to the face, neck, and other body parts.
The terms “assault” and “battery” are heard so often together that many people believe they are words describing the same thing. The fact that criminal defendants are often charged with assault and battery at the same time may reinforce this belief. But these two crimes are not the same and it is important to understand the difference between the two if you are facing charges for one or both. This blog provides a basic overview of the two both assault and battery, but an experienced California criminal defense attorney is the best source of answers to your questions.
A person commits battery in California when they intentionally and illegally use force or violence against another person’s body. Examples of battery include, but are not limited to:
Touching someone who blatantly says to stop
In a state with a history of destructive forest fires that threaten both pristine wilderness and urban areas, California takes arson very seriously. But there is a great difference between intentionally setting a building or forest ablaze and having a fire on your property that unexpectedly gets out of control. California’s penal code does distinguish between various levels of arson, and the penalties you face are determined by which specific criminal charges are brought.
Under California law, you are guilty of arson if you willfully and maliciously burn your property, someone else’s property, or help someone to do so, including houses, buildings, cars, land, and other smaller possessions. The two main counts related to arson are reckless burning and malicious arson. Malicious arson is a felony, while reckless burning may be either a felony or a misdemeanor, depending on what was burnt. The difference between malicious arson and reckless burning is intent.
408-234-7563From our office in San Jose, California, we serve clients throughout the Bay Area, including but not limited to Campbell, Los Gatos, Cupertino, Santa Clara, Sunnyvale, Gilroy, Morgan Hill, Los Altos, Palo Alto, Saratoga, Milpitas, Mountain View, Fremont, Stanford, Union City, and Santa Clara County.
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