Law Office Of Ann Gottesman

If you are facing DUI charges you need a lawyer that is experienced in this particular area of criminal law because DUI laws have changed drastically over the past couple of years and a lawyer must have specific technical knowledge to property defend a DUI charge.  The criminal court case and the administrative DMV hearing procedure are separate.  (If a DUI arrestee does not request a hearing with the DMV within 10 days of the arrest, he or she will be waiving their right to contest any of the evidence, and the DMV will suspend the driver’s license without a hearing.)

Driving with a blood alcohol content of .08 or higher is illegal under Vehicle Code section 23152(b), but it is also illegal to drive while impaired by alcohol or drugs despite the level of the alcohol or drugs in one’s blood. There is a legal definition of impairment so having alcohol or drugs in one’s blood while driving is not necessarily illegal. 

DUI cases often involve constitutional issues and a variety of possible defenses.  Issues involving rising blood alcohol levels, the unreliability of the breath or blood testing equipment, improper procedures by the officer or blood-draw nurse can sometimes lead to an accused having a strong defense to the DUI charges.  Each case is very fact specific. 

For more information on DUI charges and related DUI topics, see the main tabs for DUI offenses in the DUI Defense section.

Drug crimes are usually divided into cases involving simple possession of a controlled substance and possessing such drugs with intent to sell. The California Health and Safety Code codifies some of the crimes of possession of controlled substances in section 11350.  Possession of drugs or substances such as heroin, cocaine, and LSD are covered under this section.  Currently, changes in the law have resulted in marijuana becoming legal for adults to possess and even sell under certain circumstances. It is now rare to see anyone arrested for marijuana unless it involves an allegation of driving under the influence (DUI), trafficking in large amounts of marijuana, or selling marijuana without the proper permits.  Oftentimes, a person facing drug possession charges will be eligible for diversion and will have the chance to get their case totally dismissed.

Possessing drugs for sale are felonies and carry harsher sentences if convicted.  For example, possessing for sale methamphetamine is criminalized in section HS 11378. Any sales charge is not eligible for diversion.  It is important to note that any kind of drug case can have huge consequences on a person’s immigration status.  The laws are evolving, so it is very important to consult with an experienced attorney if you are facing drug charges.

For more information on Drug Crimes, see the main tabs for drug related offenses in the Criminal Defense section.

The California Penal Code is full of statutes that address different types of theft crimes.  Some are straight misdemeanor crimes such as shoplifting during open business hours when the value of the stolen merchandise is $950 or less. (PC section 459.5, 490.5.)   If the accused entered the store when the business was closed or stole more than $950 the prosecutor could charge a suspect with commercial burglary under PC section 459, which would be a wobbler—the DA or prosecutor has discretion to file misdemeanor or felony charges.  Most felony theft charges have a maximum of 3 years in county jail while misdemeanor theft crimes carry a maximum of between 6 months and one year in county jail.

If an employee steals from his or her employer, that person could be charged with embezzlement under Penal Code section 503 or, if the property value is over $950, grand theft under Penal Code 487, depending upon the facts of the case.  If a defendant has specific criminal convictions on their record, enhancements could be filed.  Petty theft with a prior (PC section 666), a wobbler, can only be filed in a case if the accused suffered a previous theft crime for which he or she served time in custody and the accused suffered a prior conviction for specified sex crimes or a violent or serious felony.  Under PC 666, what would otherwise be a petty theft, could be punished with up to 3 years in custody.

For more information on theft crimes, see the main tabs for theft and fraud related offenses in the Criminal Defense section.

There are many kinds of domestic violence related crimes, but the most common involve charges for violating Penal Code section 273.5 or Penal Code section 243(e)(1).  Penal Code section 273.5 can be filed as a misdemeanor or felony and requires the prosecution prove that the accused assaulted the victim causing a traumatic injury.  At the time of the offense, the accused and victim must have either been in, or formally have been in, a specified relationship with one another. Spouses, ex-spouses, parents of a child in common, cohabitants who are or were dating, and ex-girlfriends or boyfriends qualify. For PC 243(e)(1) charges, these are misdemeanor offenses usually involving no visible injuries.

Sadly, there are many times that police arrest a person for felony domestic violence on the weakest of evidence. In one recent case, police interviewed a couple and learned that the wife pushed her husband, causing a barely visible red mark on the husband’s chest. The husband did not want his wife arrested but police arrested her anyway. Even though such a case would never be filed as a felony, police routinely arrest people on felony charges, causing the accused to pay a large bail. Half of the time, such cases are not even filed by the District Attorney, and if they are filed, they are misdemeanor charges.

Of course, there are serious domestic violence cases involving seriously injured victims. But it is important to realize that not all felony domestic violence arrests will result in the filing of, or the conviction of a felony. 

For more information on Domestic Violence charges and legal defenses, see the main tab for DV related offenses in the Criminal Defense section.

In California, fraudulent use of credit cards or identity theft is prosecuted quite strongly. Depending upon the amount of loss in credit card or check fraud, the charges could be filed as a misdemeanor or felony theft charge. Using another’s credit card without their permission is oftentimes charged as grand theft if the amount is over $950, or petty theft if the monetary loss is $950 or less.

When filed as a felony, most fraud crimes carry up to 3 years in jail but if the amount of loss is high, then the prosecution can allege enhancements that can add additional years to the potential sentence.  For misdemeanor fraud and theft crimes the maximum sentence is between 6 months and one year in jail.  Prop 47, which was passed by the Legislature a few years ago, has converted many theft offenses that were once possible felonies down to straight misdemeanors. 

For more information on fraud and theft crimes, see the main tabs for theft related offenses in the Criminal Defense section.

Although we often hear the phrase “assault and battery” together, they are actually different crimes with different elements.  Under Penal Code section 240, often referred to as “simple assault”, the prosecutor must prove that the accused attempted to injure another person and had the ability to do so, but the victim does not need to have been injured or even touched. For example, throwing a bottle but missing the person, or trying to punch but missing the victim would both qualify as an assault. It is a misdemeanor and carries a maximum of 6 months in county jail and a $1000 fine.

A battery under Penal Code section 242 involves the use of force or fear against a victim but the act must result in some form of physical contact. The physical contact can be quite small—even spitting on a person or committed an unwanted touching can qualify as a battery.  A misdemeanor battery conviction can result in a maximum of 6 months in jail.

For more information on Assault and Battery crimes, see the main tabs for assault and battery related offenses in the Criminal Defense section.

In Los Angeles county and its cities, police are routinely assigned to task forces which set up sting operations in which undercover officers pretend to be either “Johns” (customers looking to pay for sex), or sex workers (people looking to provide sexual services for compensation).  In the City of Pasadena and surrounding Los Angeles County areas, many people are arrested and cited each year for solicitation for prostitution, prostitution, and pimping and pandering.  (See Penal Code sections 647(b), 266h and 266i.)

For a typical violation of solicitation for prostitution (which can be charged against the “John” or the prostitute), the penalty on a first offense is a misdemeanor with maximum sentence of 6 months in the county jail and a $1000 fine.  Such convictions are priorable, which means a second offense or multiple offender can receive increased punishments with longer custody time. 

To learn more about these types of Sex Crimes, please see the main tab for prostitution and solicitation located in the Criminal Defense section.

Hit and run incidents occur often in California, especially in the city where traffic is busy. Vehicle Code section 20001 and 20002 make it a crime to leave the scene of the accident where property damage or injury occurred without providing your identification and other information to the other party. Hit and run statutes apply to both the party that caused the accident as well as to the party who was not responsible for causing the accident but was merely involved in the accident.

Vehicle Code section 20001 addresses hit and run crimes involving injury to a person and can be filed as a felony, whereas VC section 20001 addresses cases involving only property damage. 

For more information about hit and run cases, including information on what a prosecutor must prove in order for an accused to be convicted of this crime, see the main tab for Hit and Run under “Driving Offenses” in the Criminal Defense Section.

Criminal charges involving the use, possession or manufacturing of firearms are pursued quite vigorously in California.  Crimes involving a firearm can come in a variety of fact patterns.  If a crime is committed with a deadly weapon that is a firearm, an accused will face charges of assault with a deadly weapon which can be charged as a felony. Enhancements such as one for great bodily injury can be filed in conjunction with the ADW charge.  In cases where possessing the firearm is illegal, such as carrying a loaded firearm in public, in violation of VC section 25850(c)(7), the prosecutor must prove that the accused knew the gun or firearm was present, the gun was loaded, and the gun was present in a public place (which can include the defendant’s vehicle).  These elements must be proven beyond a reasonable doubt.  If a search of the accused’s person or his property was done in violation of the 4th Amendment then a defense attorney can file a suppression motion requesting the evidence be suppressed. If granted, the case would likely be dismissed since there would be insufficient evidence for the prosecution to proceed with the case.

For more information about firearm cases, see the main tab for Firearm Offense within the Criminal Defense Section.

If you are facing a second DUI where the arrest is within 10 years of a prior DUI arrest that resulted in a conviction for driving under the influence, or an alcohol related reckless driving, the prosecution will allege a prior DUI in the complaint. A 2X DUI is charged as a misdemeanor unless the accused has a prior felony DUI or injuries were suffered during the incident.  A second time DUI carries a potential sentence, if convicted, of a minimum of 96 hours in county jail to a maximum of one year. The Court and DMV also will require an 18-month DUI class (SB38) and you will be required to install an ignition interlock device (a breath machine) in your vehicle in order to legally drive. If you win your DMV hearing and don’t get convicted of the charge in court, then you will not be facing these penalties. There are a lot of complexities and subtleties in DUI defense law, so it is important to hire an experienced and knowledgeable DUI lawyer to represent you in criminal court as well as at the DMV hearing. 

For more information about Second DUI (2X DUI) Charges, see the tab for “Second Time DUI” within the main DUI Defense Section.