Criminal Defense

Arson (Penal Codes 451 And 452)
Orange County Arson Defense Attorney

There are different ways one can be found guilty of Arson. First, it must be proven that you set fire to or burned, or caused to be burned, or even aided the burning of any structure, forest, land or property. Read More

 

Assault (Penal Code 240)
Assault Charges in Orange County

To be charged with the offense of Assault, making physical contact with another person is not a requirement. If you put another person in reasonable fear of bodily injury, you can be charged with Assault. Read More

 

Assault Law Enforcement/Emergency Personnel
(Penal Code Section 241(C)

Assault on a peace officer is placing another person who is in engaged in the performance of his or her duties, in reasonable fear of bodily injury, and you had reason to believe or should have known they were persons engaged in the performance of their duties.  Read More

Assault With A Deadly Weapon (Penal Code 245(A)(1))
Orange County Assault With A Deadly Weapon

To be charged with the offense of Assault, making physical contact with another person is not a requirement. If you put another person in reasonable fear of bodily injury, you can be charged with Assault. Read More

 

Auto Theft

Taking or driving someone else’s vehicle, without their consent, with the intent to deprive the owner of the vehicle for any period of time. Several factors such as the type of vehicle that was taken and any similar previous convictions will determine the seriousness of the punishment. Read More

Bad Checks/Insufficient Funds
(Penal Code Section 476a)

Writing or issuing a check while knowing your account does not have sufficient funds to cover the amount of the check and intending to commit fraud can be charged as a misdemeanor or a felony depending on the amount of the check. Read More

Battery (Penal Code Section 242-243)

A Battery is any willful and unlawful use of force or violence upon another person. The slightest touching of another person without their consent can constitute a battery. Depending on certain factors such as the level of injury sustained by the victim, battery can be charged as a misdemeanor or a felony. Read More

Battery On Law Enforcement/Emergency Personnel (Penal Code Section 243 (B))

Battery on a peace officer is the use of force or violence upon a person who is in engaged in the performance of his or her duties, and you had reason to believe or should have known they were persons engaged in the performance of their duties. Read More

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Burglary (Penal Code Section 459-460(A)/(B))

Burglary is the entering of any dwelling, structure, room or locked vehicle with the intent to commit grand or petty theft or any felony. Burglary is considered a “strike” offense, therefore you should hire an experienced attorney to represent you if you are charged with burglary. Read More

Carrying A Concealed Firearm
(Penal Code Section 25400)

You are in violation of Penal Code 25400 Carrying a Concealed Firearm by doing any of the following act: 1) if you carry a firearm concealed within any vehicle under your control or direction; 2) carrying the firearm concealed upon your person; or 3) causing the firearm to be carried concealed within any vehicle in which you are an occupant. Read More

 

Carrying A Loaded Firearm
(Penal Code Section 25850)

Under Penal Code Section 25850, a person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on their person or in a vehicle while in any public place. You may have certain legal defenses in your case that can help you. Read More

Certificate Of Rehabilitation

Following a criminal conviction, once you meet the time eligibility requirements, you can apply for a Certificate of Rehabilitation (Penal Code Sections 4852.01 et seq.). If granted, this means that a court has found that you have been rehabilitated. Once a Certificate of Rehabilitation is granted it becomes an automatic Governor’s Pardon Application. Read More

Conspiracy (Penal Code Section 182)

Penal Code Section 182 makes it illegal for two or more people to conspire to:

  1. commit any crime, to maliciously or falsely indict another person for any crime,
  2. get another person to be arrested or charged for any crime, to falsely maintain or move and suit, proceeding or action,
  3. defraud and cheat any person of property by criminal means, Read More

Criminal Threats
(Penal Code Section 422)

Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person and that person is then placed in a state of reasonably sustained fear of their safety or the safety of their immediate family, has committed the crime of criminal threats. The threat however must be specific and unequivocal, and communicated either verbally, in writing or by means of an electronic communication device. Read More

Disorderly Conduct

Under Penal Code Section 647, any person can be charged with Disorderly Conduct if they engage in the following behaviors:

  • Soliciting someone to engage or engaging in lewd acts
  • Soliciting or engaging in Prostitution
  • Soliciting for money, begging or panhandling, Read More

Disturbing The Peace (Penal Code 415)

Any person can be found guilty of Penal Code 415, Disturbing the Peace for doing any of the following.

  • Unlawfully fighting, or challenging another person to fight, in a public place,
  • Maliciously or willfully disturbing another person by loud and unreasonable noise
  • Using offensive words in a public place, which are likely to provoke an immediate violent reaction. Read More

 

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Driving On A Suspended License
(Vehicle Code Section 14601)

If you drive a vehicle when you have knowledge that your driver’s license has been suspended or revoked then you can be found guilty of Vehicle Code Section 14601. There are various reasons one’s license has been suspended or revoked, which include (but are not limited to): Read More

Driving Under The Influence / Drunk Driving / DUI
(Vehicle Code Sections 23152, 23153)

One can be charged with Driving under the influence (DUI) if they have a blood alcohol concentration of .08 or more, or if their ability to drive has been effected due to the consumption of any amount of alcohol or drugs. Read More

 

Driving Under The Influence- Under 21
(Vehicle Codes 23136, 23140)

California has a “zero tolerance” rule for drivers under the age of 21. This means that if you are under the age of 21 and you have a blood alcohol level of 0.01% or more you can be charged with a DUI under Vehicle Code 23136. Although this offense is not charged as a misdemeanor, the penalty for this offense is the suspension of your driver’s license for one year by the Department of Motor Vehicles. Read More

Drunk In Public/Public Intoxication
(Penal Code Section 647(F))

This is a crime that is very commonly charged under Penal Code Section 647(f). One can be charged with this crime if while in a public place, they are found to be under the influence of intoxicating liquor, any drugs or controlled substance and are in a condition that he or she is unable to exercise care for their own safety or the safety of others, Read More

Embezzlement
(Penal Code Section 503)

Penal Code Section 503 defines Embezzlement as the fraudulent appropriation of money or property for personal use and/or gain by a person who was entrusted with the care of that money or property. Most commonly, embezzlement is committed by an employee against an employer. Embezzlement is different from other theft in that an embezzler legally possesses or is authorized to access the money or property. Read More

Expungement
(Penal Code 1203.3/1203.4/17b)

If you have a conviction on your record for a crime in which you did not serve time in state prison, you can do something about it so it does not prevent you from moving on with your life, obtaining certain jobs, and getting approved on lease application, among other things. Read More

 

Extortion
(Penal Code Section 518)

Penal Code Section 518, defines extortion as obtaining property from another, with his or her consent, or an official act is obtained from a public officer, which is induced by a wrongful use of force or fear, or under color of official right. Fear that constitutes extortion, may be induced by threats: Read More

Forgery/Possession Of Fake Driver’s License
(Penal Code Sections 470a And 470b)

Penal Code Section 470(a) states that every person who alters, falsifies, forges, duplicates or in any manner reproduces or counterfeits any driver’s license or identification card issued by a governmental agency with the intent that such driver’s license or identification card Read More

Gang
(Penal Code Section 186.22)

Penal Code Section 186.22, makes it illegal to join and act in concert with crime gangs. Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists Read More

Grand Theft
(Penal Code Section 487)

Theft of any one item or multiple items that exceed $950 in value, can result in a charge of Grand Theft. This can apply to money, labor, real property or personal property. Grand Theft is a very serious crime which if convicted, carries punishment of serving time in state prison. Read More

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Hit And Run
(Vehicle Code Section 20002-20003)

Hit and Run is when an individual is involved in an accident or collision, whether minor or serious, and that individual leaves the scene of the accident without exchanging information with the victim or the police. People generally associate hit and run with incidents such as when a person is involved in an accident Read More

Lewd Conduct In A Public Place
(Penal Code Section 647(A)

An individual can be charged with Lewd Conduct in a Public Place under Penal Code Section 647(a) if in a public place or place viewable by the public, they touch their genitals, buttocks or female breasts, or those of another person, for the purpose of sexual gratification or to annoy or offend someone else, or solicit someone else to do the same. Read More

Orange County School Expulsion Hearings

If a child is being faced with expulsion from their school, it can be a very stressful, scary and emotional time for the child and also the child’s parents. Being expelled from school can have long lasting effects on the child as it can harm their confidence and motivation to pursue further education, can also harm their chances of getting accepted into certain colleges and universities. Read More

Petty Theft
(Penal Code Sections 484-488)

Under Penal Code Section 484, the stealing of property valued at $950 or less is considered petty theft and will be charged as a misdemeanor, unless the person charged has a previous conviction for petty theft which will result in the new case to be filed as a felony. Read More

Possession For Sale Of A Controlled Substance
(Health And Safety Code Sections 11351 And 11378)

You can be charged with Health and Safety Code Section 11351 if you purchase or possess certain types of controlled substances or drugs with the intent to sell those substances or drugs. It must be proven that (1) you purchased or possessed the controlled substance or drug, (2) you knew you purchased or possessed such controlled substances Read More

Possession Of A Controlled Substance
(Health And Safety Code Sections 11350 And 11377)

You can be charged with Possession of a Controlled Substance under Health and Safety Code Section 11350 if you possess certain types of controlled substances or drugs. It must be proven that (1) you possessed the controlled substance or drug, in that you exercised control over the drug, (2) you knew of the controlled substance Read More

Possession Of Burglary Tools (Penal Code 466)

Penal Code 466 prohibits possessing burglary tools when you do so with criminal intent. “Burglary tools” are tools used to commit a burglary such as: a screwdriver, picklock, crow bar, keybit, vise grip, pliers, slim jim, lock pick gun and any other tool or instrument that you might use to break or enter into a car, building or other space in an unlawful manner. Read More

Possession Of Drug Paraphernalia (Health And Safety Code Section 11364)

California Health and Safety Code Section 11364, makes it illegal to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance. The prosecutor in your case must prove that (1) you had control of the drug paraphernalia, Read More

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Receiving Stolen Property
(Penal Code Section 496 (A))

Understanding the crime of Receiving Stolen Property under Penal Code Section 496(a) is relatively simple. If you purchase, receive, conceal or withhold from the actual owner, any property that you know has been stolen, then you can be found guilty of this crime. Read More

Reckless Driving (Vehicle Code 23103)

Under Vehicle Code Section 23103 a person who drives a vehicle upon a highway or in an off-street parking facility in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. If convicted, you may face imprisonment for no less than five days but no more than ninety days, or have to pay a fine of at least $145 but no more than $1000. Read More

Residential Burglary (Penal Code Section 460)

Residential Burglary is commonly referred to as First Degree Burglary and is a felony. You commit residential burglary if you enter the home or inhabited dwelling of another person with the intent to steal or commit a felony. An inhabited dwelling refers to where one would sleep or live, such as an attached garage to a house, a balcony Read More

Resisting Arrest/Obstruction Of Justice(Penal Code Section 148 (A))

Any person who willfully resists, delays or obstructs any public officer, peace officer, or an emergency medical technician, from performing or attempting to perform any of their duties, can be found guilty of Resisting Arrest or Obstruction of Justice under Penal Code Section 148. Read More

Restraining Orders

A restraining order can be sought against persons who harass, hurt, or abuse you. There are different types of restraining orders such as a Temporary Restraining Order (TRO) or an Emergency Protective Order, Domestic Violence Protective Order, Criminal Restraining Order, Civil Harassment Restraining Order, Elder and Dependant Restraining Order, and Workplace Violence Restraining Order. Read More

Robbery (Penal Code 211)

Robbery under Penal Code Section 211 is the felonious taking of personal property in the possession of another from his person or immediate presence, and against his will, accomplished by means of force or fear. Robbery is a very serious crime and charged as a felony. But there may be defenses available to you depending on the facts of your case that could help you. Read More

Shoplifting (Penal Code Section 459.5)

Penal Code Section 459.5 defines Shoplifting as the entering of a commercial structure during the hours of operation with the intent to commit larceny of objects with a value of $950 or less. Shoplifting is generally charged as a misdemeanor. Sometimes a skilled attorney may be able to work out a deal with the prosecutor so that upon a short probation period your case may get dismissed. Read More

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Statutory Rape/ Unlawful Intercourse With A Minor (Penal Code Section 261.5)

In the state of California it is illegal for a person over the age of 18 to have sexual intercourse with another person who is not their spouse and who is under the age of 18. This is called statutory rape and it is different from the crime of rape in that because of the alleged victim is under the age of 18 they cannot legally consent to the sexual intercourse. Read More

Transportation Of A Controlled Substance (Health And Safety Code Section 11352)

You can be charged with Health and Safety Code Section 11352, Transportation of a Controlled Substance, if you move illegal drugs from one place to another, if you sell or give away drugs (however the intent to sell is not at issue), supply drugs, administer the drugs, or import drugs into the state of California. Read More

Trespass (Penal Code 602)

If you willfully enter someone else’s property, or remain on their property, with the specific intent to interfere with that person’s property rights, you can be charged with Trespass. Trespass can be charged as an infraction, misdemeanor and in some cases as a felony. There may some defenses that can be used in your case that a skilled attorney can use to get your charges reduced or even dismissed. Read More

Vandalism (Penal Code Section 594(A)(1))

Any person who maliciously destroys, damages, or defaces someone else’s property can be charged with vandalism under Penal Code Section 594. Vandalism can be charged as a misdemeanor or a felony depending on the amount of damage caused. Common examples of vandalism are graffiti on walls or keying someone’s vehicle. Read More

Vandalism/ Graffiti Tools (Penal Code 594.2)

Penal Code Section 594.2 makes it a crime to possess certain tools with the intent to commit vandalism or graffiti. Such tools include (but not limited to) masonry or glass drill bits, carbide drill bits, glass cutters, grinding stones, chisels, aerosol paint containers, felt tip markers. Contact Orange County Criminal Defense Attorney Ali Komaili if you have been charged with Vandalism/ Graffiti Tools or any other criminal matter in Orange County. Read More

Vehicular Manslaughter Penal Code 192(C)

Vehicular Manslaughter occurs when a person is involved in an accident while driving a vehicle and as a result of an accident kills another person. Some factors that are considered are whether or not the person was driving in a negligent manner or in a grossly negligent manner. Another factor is whether the driver was under the influence of any drugs or alcohol. Read More

Warrants

A warrant requiring an arrest may be issued for a variety of reasons, such as failure to appear for a court hearing, failing to pay for fines, fees, or tickets, or not completing terms of probation or following court orders. If you have a warrant for your arrest, police officers may try to find you at any known addresses that they have for you. This means they could likely appear at your workplace or any other public place and take you into custody. Read More

Weapon On Campus (Penal Code Section 626.10)

Penal Code Section 626.10 makes it illegal to bring or possess any dirk, dagger, ice pick, knife having a blade longer than 2½ inches, folding knife with blade that locks into place, razor with an unguarded blade, taser, stun gun, anything that expels a metallic projectile such as a BB or pellet by air pressure, CO2 pressure, or spring action; or any spot marker gun, upon the grounds of, or within, any public or private school providing instruction in kindergarten or any grades 1 to 12. Read More