Ordinarily, the punishment for a felony is 16 months, 2 years, or 3 years in prison.
However, certain felonies have a greater prison sentence.
For example, a felony domestic violence charge under Penal Code Section 273.5 carries a sentence of 2, 3, or 4 years.
The punishment for a misdemeanor is no more than 6 months in jail and/or a fine of over $1,000.
Typically, misdemeanors can be expunged after successfully complete of probation or one year after time served.
Criminal Law Focus Areas
The Law Office of Robert F. Landheer can defend against any criminal charges. However, we most frequently handle the following types of cases:
A conviction for driving under the influence can result in your driver's license being suspended or revoked. A DUI conviction also includes fines, Zona Seca classes, and increased insurance costs. You may have to appear in court, spend time in jail, and pay attorney fees.
Domestic violence is abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together). It is also when the abused person and the abusive person are closely related by blood or by marriage.
Like most other states, California has established strict criminal laws designed to punish alleged drug offenders with imprisonment. Recently, California has shifted away from punishing drug offenders and toward rehabilitation. As a result, many jurisdictions now have drug diversion programs that allow offenders to avoid a conviction.
Under California law, it is illegal to resist, delay, or obstruct a peace officer while the officer is lawfully performing his or her duties. Merely recording or photographing an officer is not considered resisting arrest. Attempting to take or taking an officer's firearm is considered resisting arrest and is a felony punishable by imprisonment.
Battery is the harmful or offensive touching of anothe person. However, the touch does not require an injury to the victim. The touch could be from your hands or from an object in your control.
Sex crimes include rape, unlawful intercourse with a minor, prostitution, indecent exposure, and sexual assault. Although these crimes may be charged as misdemeanors, they often carry the penalty of sex offender registration. Consensual sex is a defense to some, but not all sex crimes.
Prostitution is illegal in California and is a misdemeanor under Penal Code Section 647(b). This includes "soliciting" (asking) another person to have sex for money. If two people agree to have sex for money, both can be charged with soliciting prostitution.
Taking another person's property without permission and intending to keep the property is a theft. Theft is divided into two degrees, the first of which is termed grand theft; the second, petty theft. Theft is a crime of moral turpitude that can affect your ability to obtain citizenship and certain jobs.