Burglary

California Penal Code § 459. Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel…with intent to commit grand or petit larceny or any felony is guilty of burglary…

This crime, typically referred to as a “breaking and entering,” could lead to a six year sentence, in the event of a conviction. Burglary comes with harsh penalties but it does not mean that the prosecution does not have to prove their case beyond a reasonable doubt.

The prosecution will have to prove every single element of the offense for there to be a conviction. The most litigated element is typically the intent to commit a felony therein. For example, a defendant would not be guilty of burglary if he entered a building for the purposes of committing petty theft. Petty theft is a misdemeanor, not a felony.

We can aggressively defend you against this criminal charge. Because burglary can be charged as either a felony or misdemeanor, depending on the circumstances of your case, it is important to seek representation immediately.

Cocaine, Meth, and Other Drugs

California Health and Safety Code § 11350 (a). Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b) or (c), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.

These crimes are similar to marijuana crimes. Please see the section on “Marijuana laws.”

Even with states like Colorado and Washington taking a liberal view on marijuana and recreational drugs, Federal law still prohibits the use, possession, transportation, and sale of marijuana and “hard” drugs. California has also been aggressive in prosecuting individuals under drug statutes that related to cocaine, meth, and other synthetic drugs.

Drugs can destroy lives and it can hurt families. Besides being a health issue, it is also a legal issue. Without adequate and aggressive representation by an attorney, a defendant could face legal consequences that could have been avoided. Do not face a drug charge without a lawyer who understands the law and procedure regarding your arrest and rights.

Marijuana Charges

Marijuana, or cannabis, is a legitimate drug that has proven medical benefits. It has assisted patients with chronic pain and has helped patients eat when they do not have the appetite to do so. Despite these benefits, it has been a punchline for comedians and a dividing topic among political officials.

California law regarding marijuana can be severe. The law prohibits a wide variety of behavior, including possession of even small amounts of the substance. To make matters worse, “the war on drugs” encourages police and law enforcement to engage in unconstitutional behavior. Drug enforcement agents have, in the past, entrapped defendants, performed unlawful searches, and exaggerated police reports.

The prisons in California are over-capacity. Prisoners face crowded conditions, which may be unconstitutional by itself. Defendants detained on drug crimes need to have adequate representation to ensure that their rights are preserved.

Marijuana Possession

California Health and Safety Code § 11357 (a). Except as authorized by law, every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a period of not more than one year or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment, or shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.

Marijuana Sale

California Health and Safety Code § 11357.5 (a). Every person who sells, dispenses, distributes, furnishes, administers, or gives, or offers to sell, dispense, distribute, furnish, administer, or give, or possesses for sale any synthetic cannabinoid compound, or any synthetic cannabinoid derivative, to any person, is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

Marijuana Cultivation

California Health and Safety Code § 11358. Every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof, except as otherwise provided by law, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.

Marijuana Transportation

California Health and Safety Code § 11360 (a). Except as otherwise provided by this section or as authorized by law, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any marijuana shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of two, three or four years.

Marijuana Paraphernalia

California Health and Safety Code § 11364 (a). It is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking (1) a controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, specified in subdivision (b) or (c) of Section 11055, or specified in paragraph (2) of subdivision (d) of Section 11055, or (2) a controlled substance which is a narcotic drug classified in Schedule III, IV, or V.

Criminal Appeals

Have you or a loved one already been convicted of a crime? We can still help!

We have experience in all aspects of post-conviction criminal law including Expungements, Certificates of Rehabilitation, Habeas Corpus Petitions, Parole Hearings, and Prisoner's Rights defense.

Filing a Petition for a Writ of Habeas Corpus

The California Constitution gives citizens the right to file a petition for a writ of habeas corpus in extraordinary and unusual circumstances. The habeas petition allows a detainee to challenge his or her confinement. The most common ways to effectively challenge your conviction is through new evidence.

Appealing a Felony or Misdemeanor

When a person is convicted, it does not necessarily mean the case ends there. If the defendant feels as if there has been a legal error, the defendant may file an appeal. An appeal is a challenge of the record and it is limited in scope.

California Board of Parole Hearing (Lifers Hearing)

An inmate serving a life sentence, or “lifer,” in California may have an opportunity to be released on parole. Before the inmate is released, however, he or she must first appear before the Parole Board at a hearing. Attorney Chris Blaylock has helped prepare inmates for parole and has been three for three (3/3) on getting a parole date.

Expungement in California

A person who has committed a felony or misdemeanor in the past may have the possibility of removing from his or her record. In California, this process is called an expungement. While it does not completely eliminate your criminal record, it does give you certain protections against discrimination on the basis of the conviction.

Certification of Rehabilitation

Like an expungement, a California Certificate of Rehabilitation is a way to put a person’s conviction behind them. Although it will not erase a person’s conviction, it will be a declaration from California that the person is a law abiding citizen. It is difficult to pursue this without an attorney.

Prisoner’s Rights

An inmate has certain constitutional rights like all other citizens who live in a civilized society. This means that there must be some standard of decency at the prison where the inmates are detained. Criminal defense lawyer Attorney Chris Blaylock believes that inmates should be treated with dignity.