Criminal Law Is Our Specialty
The Law Office of Robert F. Landheer defends all types of criminal law cases, including felonies and misdemeanors. Felonies are serious charges and can carry a "strike" penalty. However, even a misdemeanor conviction can result in significant punishments.
A felony is more serious than a misdemeanor and is punishable by 16 months, 2 years, or 3 years in prison, unless another penalty applies. For a violent felony, California applies the "three strikes" law.
Misdemeanors are offenses that are punishable by no more than 6 months in jail and/or a fine of over $1,000. Usually misdemeanors may be expunged from your record if you successfully complete probation or have finished your sentence and have not committed any new crimes.
Types of Criminal Law Cases
Robert F. Landheer is a certified criminal law specialist. While our office can handle any criminal charges, below are types of cases we handle frequently:
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.
Mental illness is a condition that affects a person's thinking, feeling, or mood. Such conditions may affect a person's ability to function each day and to relate to others. One in five adults experiences a mental health condition each year. If you or someone you know needs help now, call the National Suicide Prevention Lifeline at 1 (800) 273-8255 or call 9-1-1.
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.
Assault involves the threat of force and the immediate ability to carry out that threat. Clenched fists, verbal threats or brandishing a weapon all constitute assault. Battery requires touching the victim, but it does not require an injury to the victim. The touch could be from your hands or from an object in your control.
Due to the enactment of California's 1996 Street Terrorism Act, California now has some of the most punitive penalties in the country for gang related offenses. Gang enhancements provide longer sentences for crimes committed by active gang members. Gang injunctions are a very broad restraining order that bans persons from specific activities, clothing, and locations.
Violent crime is usually associated with physical harm. But emotional harm can be considered violent as well. Violent crimes are generally misdemeanors unless they are committed against a peace officer or there is some enhancement. However, even misdemeanor violent crimes can carry serious consequences such as a gun ban or license suspension.
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.
An expungement is when the Court sets aside your conviction or withdraws your plea of guilty or no contest and dismisses the charges against you. An expungement allows you to state that you have never been convicted of a crime for most job applications. You must disclose expunged convictions on applications for law enforcement or when running for public office. Further, expungement does not remove a criminal conviction for immigration purposes.
Although property crimes charges do not have the same stigma as violent crimes against persons, they can still be life-chaning. Depending on the circumstances, property crimes can be charged as a "strike" felony. In addition, the judge can order that you pay restitution for damaged or stolen property, even if the property was insured.