Criminal Defense Attorneys

Criminal Defense Attorneys

Law Offices of Tony M. Seyfi, A Professional Law Corporation

Violent Crimes, Sex Crimes, Alcohol and Drug Offenses, White Collar and Theft Crimes, Juvenile Matters

California Criminal Law

  1. California Penal Code Section 273.5 (Domestic Violence)
  2. California Penal Code Section 243(e)(1) (domestic battery)
  3. California Penal Code Section 242 (Simple Battery)
  4. California Penal Code Section 148(a) (Resisting Arrest)
  5. California Penal Code Section 148.9 (False Identification)
  6. California Penal Code Section 187 (Murder)
  7. California Penal Code Section 192 (Manslaughter)
  8.  
    California Penal Code Section 273.5 commonly known as domestic violence

    Domestic violence is defined as when your current or former spouse, boyfriend / girlfriend, someone you have a child in common with, someone you live(d) with, or someone you are related to through blood or marriage does one of the following:

    • Causes or attempts to cause you physical injury;

    • Sexually assaults you;

    • Makes you fear that you or another person is in danger of immediate, serious physical injury;

    • Molests, attacks, strikes, batters (uses force), or stalks you;

    • Threatens or harasses you - either in person or through phone calls, emails, etc.;

    • Destroys your personal property; and/or

    • Disturbs your peace.

    For a free consultation, CALL 866-533-3363

    Under PC 273.5, domestic violence could be charged as a misdemeanor or a felony. PC 273.5 provides:

    (a) Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment.

    (b) Holding oneself out to be the husband or wife of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this section.

    (c) As used in this section, "traumatic condition" means a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by a physical force.

    (d) For the purpose of this section, a person shall be considered the father or mother of another person's child if the alleged male parent is presumed the natural father under Sections 7611 and 7612 of the Family Code.

    (e) (1) Any person convicted of violating this section for acts occurring within seven years of a previous conviction under subdivision (a), or subdivision (d) of Section 243, or Section 243.4, 244, 244.5, or 245, shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment in the state prison for two, four, or five years, or by both imprisonment and a fine of up to ten thousand dollars ($10,000).

    (2) Any person convicted of a violation of this section for acts occurring within seven years of a previous conviction under subdivision (e) of Section 243 shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to ten thousand dollars ($10,000), or by both that imprisonment and fine.

    (f) If probation is granted to any person convicted under subdivision (a), the court shall impose probation consistent with the provisions of Section 1203.097.

    (g) If probation is granted, or the execution or imposition of a sentence is suspended, for any defendant convicted under subdivision

    (a) who has been convicted of any prior offense specified in subdivision (e), the court shall impose one of the following conditions of probation:

    (1) If the defendant has suffered one prior conviction within the previous seven years for a violation of any offense specified in subdivision (e), it shall be a condition thereof, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 15 days.

    (2) If the defendant has suffered two or more prior convictions within the previous seven years for a violation of any offense specified in subdivision (e), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 60 days.

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    (3) The court, upon a showing of good cause, may find that the mandatory imprisonment required by this subdivision shall not be imposed and shall state on the record its reasons for finding good cause.

    (h) If probation is granted upon conviction of a violation of subdivision (a), the conditions of probation may include, consistent with the terms of probation imposed pursuant to Section 1203.097, in lieu of a fine, one or both of the following requirements:

    (1) That the defendant make payments to a battered women's shelter, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097.

    (2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant's offense. For any order to pay a fine, make payments to a battered women's shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant's ability to pay. In no event shall any order to make payments to a battered women's shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.

    (i) Upon conviction under subdivision (a), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family. This protective order may be issued by the court whether the defendant is sentenced to state prison, county jail, or if imposition of sentence is suspended and the defendant is placed on probation.


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    California Penal Code Section 243(e)(1) commonly known as domestic battery

    (1)When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant's child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterer's treatment program, as defined in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIII B of the California Constitution.

    (2) Upon conviction of a violation of this subdivision, if probation is granted, the conditions of probation may include, in lieu of a fine, one or both of the following requirements:

    (A) That the defendant make payments to a battered women's shelter, up to a maximum of five thousand dollars ($5,000).

    (B) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant's offense.

    For any order to pay a fine, make payments to a battered women's shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant's ability to pay. In no event shall any order to make payments to a battered women's shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.

    For a free consultation, CALL 866-533-3363

    (3) Upon conviction of a violation of this subdivision, if probation is granted or the execution or imposition of the sentence is suspended and the person has been previously convicted of a violation of this subdivision and sentenced under paragraph (1), the person shall be imprisoned for not less than 48 hours in addition to the conditions in paragraph (1). However, the court, upon a showing of good cause, may elect not to impose the mandatory minimum imprisonment as required by this subdivision and may, under these circumstances, grant probation or order the suspension of the execution or imposition of the sentence.

    (4) The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence so as to display society's condemnation for these crimes of violence upon victims with whom a close relationship has been formed.


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    California Penal Code Section 242 commonly known as Simple Battery

    Simple Battery under PC 242 is any willful and unlawful use of force or violence upon the person of another. Many individuals who come to our office are not aware that “any touching” of another person against that person’s will could amount to simple battery which is a crime. Simple battery is a misdemeanor, but it could be easily proven if there has been any contact, direct or indirect between the victim and the suspect. It is not uncommon for a suspect to be charged with simple battery for merely pushing his friend, a stranger thinking that he hasn’t really done anything wrong. Your criminal defense attorney could help you dismiss these types of cases with a little creativity and aggressive representation.

    Under PC 243(a), battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.


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    California Penal Code Section 148(a) commonly known as Resisting Arrest

    The common terms used for the violation of PC 148(a) are resisting arrest, obstruction of justice, delaying the performance of a duty by a peace office, resisting lawful arrest by a police officer.

    Under PC 148(a)(1), every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

    (2) Except as provided by subdivision (d) of Section 653t, every person who knowingly and maliciously interrupts, disrupts, impedes, or otherwise interferes with the transmission of a communication over a public safety radio frequency shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.

    This crime is generally charged as a misdemeanor. But if the course of the arrest a suspect resisted a peace officer and also struck or hit the officer in the arm or even caused some injury to the officer, he could be charged with resisting arrest as a misdemeanor and battery on a peace officer as a felony in addition to multiple other charges.

    Your criminal defense attorney could help you drop some of these charges and negotiate a plea whereby you only receive a misdemeanor. Your attorney could then help you expunge your criminal conviction once your probation has ended.

    Under other circumstances, your defense attorney could help dropping the charges all together. Sometimes, with a little skill you could end up getting a slap on the wrist and merely plead to an infraction with a fine payment. This all depends on the circumstances and the attorney’s skills and experience.


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    California Penal Code Section 148.9 commonly knows as False Identification

    Under PC 148.9:

    (a) Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, upon a lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the investigating officer is guilty of a misdemeanor.

    (b) Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any other peace officer defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, upon lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the arresting officer is guilty of a misdemeanor if (1) the false information is given while the peace officer is engaged in the performance of his or her duties as a peace officer and (2) the person providing the false information knows or should have known that the person receiving the information is a peace officer.

    Your criminal defense attorney could help you drop some of the charges associated with presenting a false identification or a false social security card or driver’s license to the officer and negotiate a plea whereby you only receive a misdemeanor or an infraction. Your attorney could then help you expunge your criminal conviction once your probation has ended.

    Under other circumstances, your defense attorney could help with dropping the charges all together. Sometimes, with a little skill you could end up getting a slap on the wrist and merely plead to an infraction with a fine payment. This all depends on the circumstances and the attorney’s skills and experience.


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    For a free consultation, CALL 866-533-3363

     
    California Penal Code Section 187 commonly knows as Murder

    Under PC 187:


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    Here is a list of most common crimes under California Penal Code. Please note that this is not a complete list. Also, many crimes are enumerated under other California Codes. For Example most narcotics or drug crimes are prosecuted udner California Health and Safety Code. Many other crimes are prosecuted based on local ordinances and regulations. California Vehicle Codes are also another common basis for commission of crimes. Drunk Driving and license violations are most common forms of Vehicle Code Violations.

    FOR A FREE CONSULTATION, CALL 866-533-3363

    MOST COMMON CALIFORNIA PENAL CODES

    California Penal Code 148 – Resisting Arrest
    California Penal Code 187 - Murder
    California Penal Code 192 - Manslaughter
    California Penal Code 207 - Kidnapping
    California Penal Code 211 - Robbery
    California Penal Code 215 - Carjacking
    California Penal Code 236 - False imprisonment
    California Penal Code 242 - Battery
    California Penal Code 245 - Assault with a deadly weapon
    California Penal Code 261 - Rape
    California Penal Code 280 - Child abduction
    California Penal Code 285 - Incest
    California Penal Code 288 - Child molestation
    California Penal Code 314 - Indecent exposure
    California Penal Code 415 - Disturbing the peace
    California Penal Code 417 - Brandishing a firearm
    California Penal Code 422 - Criminal threats
    California Penal Code 451 - Arson
    California Penal Code 459 - Burglary
    California Penal Code 470 - Forgery
    California Penal Code 484 – Petty Theft
    California Penal Code 487 - Grand theft
    California Penal Code 496 - Receiving stolen property
    California Penal Code 503 - Embezzlement
    California Penal Code 518 - Extortion
    California Penal Code 528 - False impersonation
    California Penal Code 594 - vandalism
    California Penal Code 597 - Animal cruelty
    California Penal Code 602 - Trespassing
    California Penal Code 664 - Attempt
    California Penal Code 647 - Soliciting Prostitution



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