Carjacking

California Penal Code § 215 (a). "Carjacking" is the felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence, or from the person or immediate presence of a passenger of the motor vehicle, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear.


This felony is not the same crime known as grand theft auto. Carjacking requires that the defendant take the vehicle with force or fear in the immediate presence of the owner or passenger. Therefore, if you have been charged with this crime and you believe that force or fear was not used, the prosecution may be unable to convict you. There are also many defenses available to a defendant charged with carjacking. A person may be wrongly accused of carjacking when there was an agreement for the defendant to borrow the car. A victim may also misidentify the defendant.

Petty Theft

California Penal Code § 488. Theft in other cases is petty theft. Shoplifting is a petty theft crime because a majority of the items stolen from a convenience store are valued under $950. Petty theft is the sister crime of grand theft and falls under the umbrella of “theft crimes.”

The crime may be a misdemeanor but that does not mean there are no consequences. A misdemeanor is on your record permanently and could affect future employment. It also carries a possible six month jail sentence, and three year probation period.

There is even the possibility that you pay a $1,000 fine. Attempting to steal a video game could cost you more than losing out on some quality gaming. It is always important to be represented by an attorney. Our office is aggressive in criminal defense and would explore all possible defenses, including the possibility that the defendant inadvertently held onto the merchandise as he or she exited the store.

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.