Criminal & DUI Defense attorney in Riverside, Orange County, Los Angeles, CA - Charles Kenyon
Assault or Terrorist Threats (most commonly Penal Code 240, 245 or 422)
Assault and Assault with a Deadly Weapon charges can arise anytime a confrontation turn physical or violent, even if nobody was ever hit or injured. In California, Assault and/or Battery charges can range from a misdemeanor to a felony strike offense and carry a prison sentence of up to 4 years. (PC 245) Additionally, use of a weapon, great bodily injury, or other special allegations can add additional penalties and prison time ranging from 1-10 additional years depending on the severity. As a strike offense, it can also result in Three Strikes Prosecution carrying a Life Sentence.
Terrorist Threats can be filed when someone communicates a threat to someone else. It can be prosecuted as a misdemeanor or felony, and carries up to 3 years in state prison. (PC 422) Enhancements such as use of a weapon can apply adding additional time. As a felony it is a strike offense so it can also result in Three Strikes Prosecution carrying a Life Sentence.
Theft or Burglary (most commonly Penal Code 487, 459, 496, or 666)
Grand Theft and Petty Theft with a Prior require the prosecutor to prove the accused had the intent to steal. In order for it to qualify as a felony, the stolen item must have a value over $950 or that the accused has a prior theft conviction. There are several intricate details and ways theft charges can be alleged, but each requires special proof. Embezzlement, Larceny by Trick, Receiving Stolen Property, and Fraud are all varieties of theft, each with its own elements. Theft or Grand Theft can be a felony or misdemeanor and carries up to 3 years imprisonment with increases in punishment for high value items or for special property.
Burglary is the illegal entry of a building with intent to steal or commit a felony inside (PC 459) Like theft charges it can range from a misdemeanor or felony. Residential burglary is the most serious crime carrying a 6 year maximum and is a strike under California law.
Receiving Stolen Property is the illegal possession of property without the owners permission. The prosecution must prove the accused knew or should have known the personal property was stolen. It is a wobbler offense and carries a maximum of 3 years when charged as a felony.