Criminal Law Blog

Immigration Consequences of a Domestic Violence Conviction in California

The immigration consequences of a domestic violence conviction in California can include deportation, denial of a green card, and a bar to U.S. citizenship, even when the case is a misdemeanor. Whether you can be deported for domestic violence depends on the exact code section, the sentence, and what the court record says. Federal immigration law treats some California offenses very differently from others, so the plea you accept may matter as much as the penalty itself.

Being charged with domestic violence is stressful on its own, and it is normal to worry about what it means for your status and your family. The sections below break down the domestic violence immigration consequences of common California charges, how a 2026 federal appeals court decision affects Penal Code 273.5, and what options may exist before and after a plea. If your case is in a local court, a Los Angeles domestic violence attorney can explain how it is likely to move through the system. 

Can You Be Deported for Domestic Violence in California?

In many cases, yes. Under the Immigration and Nationality Act (INA), a noncitizen who has been admitted to the United States can be placed in removal proceedings for certain domestic-violence-related convictions and court findings listed in INA § 237(a)(2)(E). This applies to green card holders and visa holders, and a misdemeanor with no jail time can be enough.

Not every charge California calls “domestic violence” counts under federal law, though. Immigration authorities look at the elements of the specific statute, not the label on the case. That is why two people arrested for similar incidents can face very different immigration outcomes.

Two points often surprise people:

• A plea counts. For immigration purposes, a guilty or no contest plea followed by probation is generally treated as a conviction, even if no jail time is imposed.
• An arrest is not a conviction, but it is not invisible. Fingerprints taken at booking go into federal databases, and immigration applications ask about past arrests.

The Four Domestic Violence Grounds Under Federal Immigration Law

INA § 237(a)(2)(E), codified at 8 U.S.C. § 1227(a)(2)(E), lists four ways a domestic-violence-related case can make an admitted noncitizen deportable:

1. Crime of domestic violence. A “crime of violence,” as defined in 18 U.S.C. § 16, committed against a current or former spouse, a co-parent, a cohabitant, or another person protected by state domestic violence law.
2. Crime of stalking. In Matter of Sanchez-Lopez (2018), the Board of Immigration Appeals held that California stalking under Penal Code 646.9 does not fit this ground, but the Ninth Circuit treats it as a crime involving moral turpitude, so the risk remains.
3. Crime of child abuse, child neglect, or child abandonment. This can include offenses such as child endangerment or willful harm to a child.
4. Violation of a protection order. A civil or criminal court finding that a person violated the part of a protective order meant to prevent violence, threats, or repeated harassment.

The fourth ground is easy to overlook. It does not require a conviction for violence, and even a technical violation of a stay-away term may qualify. Following every term of a criminal protective order or restraining order is important for this reason; our Restraining Order Defense page explains how these orders work.

Other Ways a Domestic Violence Conviction Can Affect Immigration Status

Beyond the four grounds above, the immigration consequences of a domestic violence conviction can also come from two broader categories of federal law, crimes involving moral turpitude and aggravated felonies, which can apply even when a conviction doesn’t count as a “crime of domestic violence.

Crimes Involving Moral Turpitude

A crime involving moral turpitude (CIMT) is conduct that immigration law treats as inherently base or depraved. Under INA § 237(a)(2)(A), one CIMT committed within five years of admission can make a person deportable if the offense carries a possible sentence of one year or more. Two CIMTs that do not arise from a single scheme can make a person deportable at any time.

CIMTs also create inadmissibility, which can block a green card application or cause problems when a permanent resident returns from a trip abroad. A narrow “petty offense” exception may apply to a single CIMT with a maximum possible sentence of one year and an actual sentence of six months or less. Since 2015, Penal Code 18.5 has capped California misdemeanors at 364 days, which can help with some sentence-based rules.

Aggravated Felonies

Under 8 U.S.C. § 1101(a)(43)(F), a crime of violence with a sentence of one year or more is an “aggravated felony,” even if the sentence is suspended and even if state law calls the offense a misdemeanor. An aggravated felony generally carries the most serious consequences: it can block most forms of relief from removal and permanently bar naturalization.

How Common California Domestic Violence Charges Are Treated

The table below summarizes how federal immigration law has generally treated common California charges. Outcomes can change with the wording of the plea, the sentence, and new court decisions.

What a 2026 Ninth Circuit Ruling Means for PC 273.5

For more than a decade, federal courts treated Penal Code 273.5 as a deportable crime of domestic violence. That changed on July 28, 2026, when the Ninth Circuit decided United States v. Lopez (No. 24-3268). The court held that a 273.5 conviction is not categorically a “crime of violence,” because the statute requires only intent to commit the act, not intent or knowledge that force is directed at another person.

A crime of domestic violence must first be a crime of violence. Because the Ninth Circuit covers California, immigration practitioners read Lopez to mean that a 273.5 conviction may no longer trigger the crime of domestic violence ground or the aggravated felony ground. This is a major shift in PC 273.5 immigration consequences. Several cautions apply:

• The case arose in federal sentencing, and further review by the full court or the Supreme Court remains possible. Its final status should be confirmed before anyone relies on it.
• A 273.5 conviction may still be treated as a crime involving moral turpitude.
• A protective order violation in the same case can still trigger deportability on its own.
• The ruling does not change state penalties. Under Penal Code 273.5, the offense is a wobbler (it can be charged as a misdemeanor or a felony), with up to four years in state prison on a felony conviction.

If you have an older 273.5 conviction or a past removal order, an immigration attorney can review whether Lopez affects your situation. Filing deadlines for reopening immigration cases can be short.

How a Conviction Affects Green Card Holders, Visa Holders, and Undocumented Immigrants

Your immigration status shapes which rules apply after a domestic violence conviction, so the risks for a green card holder can look very different from those facing a visa holder or an undocumented immigrant. The same conviction might lead to removal proceedings for one person, a denied visa renewal or green card application for another, and lost eligibility for relief from deportation for a third.

Lawful Permanent Residents

A green card holder with a deportable conviction can be placed in removal proceedings before an immigration judge. Travel abroad can also be risky, because a CIMT can make a returning resident inadmissible. When applying for naturalization, applicants must show good moral character, and the application asks about every arrest, so a domestic violence and green card question often comes up at the citizenship stage.

Visa Holders and Green Card Applicants

A conviction may make a person inadmissible, which can affect visa renewals and adjustment of status. Even where no specific ground applies, immigration officers often have discretion to deny a benefit.

Undocumented Immigrants

A conviction under one of the domestic violence grounds can make a person ineligible for cancellation of removal for non-permanent residents, even if they were never lawfully admitted. The California Values Act (SB 54, 2017) limits how local police and jails cooperate with immigration enforcement, but it does not keep fingerprint records from federal agencies.

Protecting Your Immigration Status Before You Accept a Plea

The best time to address domestic violence deportation risk in California is before a plea is entered. In Padilla v. Kentucky (2010), the U.S. Supreme Court held that defense attorneys must advise noncitizen clients about the deportation risks of a plea. California went further in 2015: Penal Code 1016.3 requires defense counsel to give accurate, affirmative immigration advice, and requires prosecutors to consider avoiding immigration consequences during plea negotiations.

Depending on the facts, a defense attorney may be able to:

• Challenge the evidence, the circumstances of the arrest, or how statements were obtained.
• Negotiate a plea agreement to an offense with different elements, such as Penal Code 243(e)(1) in place of 273.5, where the facts support it.
• Keep the record of conviction free of unnecessary details, such as the relationship of the parties or a child’s age.
• Seek a sentence of 364 days or less on each count to avoid the aggravated felony threshold
• Look closely at diversion: California’s general misdemeanor diversion excludes key domestic violence offenses, including Penal Code 273.5, 243(e), and 646.9. Programs that require a guilty or no contest plea first can still count as a conviction for immigration purposes.

Because the immigration consequences of a domestic violence conviction turn on federal law, a criminal defense attorney can work alongside an immigration attorney so the plea is reviewed from both angles. This is true whether your case is at the Clara Shortridge Foltz Criminal Justice Center downtown or at another Los Angeles County Superior Court courthouse.

After sentencing, following every probation term matters as well. A probation violation can lead to a new sentence, and a violation of a protective order can create a separate immigration problem.

Options After a Domestic Violence Conviction

A conviction does not always mean your options are gone, and recent changes in the law may open doors that were closed before. Depending on the case, the following paths may be available, but because immigration authorities treat each remedy differently, it helps to have both a criminal defense attorney and an immigration attorney review your record.

Expungement Under Penal Code 1203.4

A dismissal under Penal Code 1203.4 can help with jobs and licensing, but it generally does not remove a conviction for immigration purposes. Learn more about expungement in California.

Motion to Vacate Under Penal Code 1473.7

Since 2017, a person who is no longer in custody may ask the court to vacate a conviction if an error damages their ability to understand the immigration consequences of the plea. Immigration authorities generally recognize a vacatur based on legal error (Matter of Pickering, 2003).

Other Post-Conviction Options

• Motion under Penal Code 1016.5. If the judge did not give the required immigration advice before the plea, the conviction may be challenged.
• Review after Lopez. People with past 273.5 convictions may want an immigration attorney to assess whether the 2026 ruling changes their case.

Note that a sentence reduced only to avoid immigration consequences may not be recognized by immigration authorities (Matter of Thomas and Thompson, 2019). Changes based on a legal defect in the original case are treated differently.

Frequently Asked Questions

Is Domestic Battery Under PC 243(e)(1) a Deportable Offense?

Generally, no. Because the statute can be violated by an offensive touching without injury, federal courts and the Board of Immigration Appeals have held it is not categorically a crime of violence or a crime involving moral turpitude. Domestic battery immigration consequences can still arise from a protective order violation in the same case, and the conviction can weigh against you in discretionary decisions such as naturalization, so the full record matters.

Can a Misdemeanor Domestic Violence Conviction Affect My Green Card?

Yes. A misdemeanor can make a permanent resident deportable if it fits one of the domestic violence grounds or another category, such as a crime involving moral turpitude. The misdemeanor label alone does not decide the immigration outcome.

Will an Expungement Fix the Immigration Problem?

Usually not. Immigration authorities generally still treat an expunged conviction as a conviction. A motion to vacate under Penal Code 1473.7, based on a legal defect in the plea, is often the more relevant option.

Can I Become a U.S. Citizen With a Domestic Violence Conviction?

It may be possible, depending on the offense, the sentence, and when it happened. USCIS reviews good moral character during the required residence period, and a deportable conviction can lead to removal proceedings instead. An immigration attorney should review your record before you apply.

Conclusion

The immigration consequences of a domestic violence conviction depend on the specific charge, the sentence, and the exact plea, and the law around Penal Code 273.5 changed in 2026. For noncitizens, these details can matter as much as the criminal penalties.

If you are facing domestic violence charges in Los Angeles County, speaking with a criminal defense attorney may help you understand your options before you enter a plea. Manshoory Law Group practices criminal defense exclusively, offers free consultations, and is available 24/7. Spanish-speaking staff are available if you would like to discuss your case in Spanish.

This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your situation, speak with a qualified criminal defense attorney.

How to Get a Restricted License After a DUI in California

Most first offenders in California can get back on the road after a DUI, and one of the two restricted license options carries no waiting period at all. For anyone who depends on a car to get to work, take care of family, or manage daily responsibilities, that is welcome news, because a suspension does not have to mean months without driving.

The catch is that the two options work very differently, the paperwork has to be completed in a specific order, and a single missing document sends you home from the DMV empty-handed. One path gives you broad driving freedom but requires an ignition interlock device. The other avoids the device but comes with a waiting period and strict limits on where you can go. Choosing the wrong one, or showing up unprepared, can cost you weeks.

Here is what you actually need, how to apply, how long the restriction lasts, and how to choose between the two paths.

Can You Drive After a DUI in California?

Not immediately, but usually soon. A DUI arrest can trigger two separate suspensions. The DMV’s administrative suspension begins about 30 days after arrest unless you request a hearing within 10 days of the arrest date. A second, court-ordered suspension follows if you are convicted. A restricted license lets you drive under defined conditions while whichever of those suspensions is active runs its course.

The 10-day hearing request is the first fork in the road. If you win the hearing, the administrative suspension never takes effect, and you may not need a restricted license at all unless you are later convicted. Understanding your realistic chances of winning a DMV hearing shapes everything that follows, because a restricted license is what you need when the suspension cannot be avoided.

Your Two Restricted License Options: IID vs. Work-Only

Most eligible first offenders can choose between two restricted licenses, and the right one depends on whether you need to drive right away and how far beyond work and DUI school your driving needs to go.

The two options are built around different trade-offs. One gives you broad freedom to drive but requires an ignition interlock device in your car, along with the installation and monthly fees that come with it. The other skips the device entirely, but you have to go without driving for a period first and then accept tight limits on where you can go once the license is issued. Neither is better in every case. The right choice depends on your schedule, your family obligations, your budget, and how much disruption you can absorb in the weeks after your suspension begins.

It also helps to know that this choice is not always yours to make. Your eligibility for each path depends on the facts of your case, including whether alcohol or drugs were involved, whether anyone was injured, and whether you have prior DUIs on your record. For a typical first-time, alcohol-related offense with no injuries, both options are usually on the table. Here is how each one works in practice.

IID Restricted License: Drive Anywhere, No Waiting Period

With an ignition interlock device installed in your vehicle, an eligible first offender can apply for a restricted license without serving any period of hard suspension first. That means no month of finding rides or relying on family. Once the device is installed and your paperwork is in order, you can apply and get back on the road.

The device is a small breath-testing unit wired into your ignition by a state-certified installer. It requires a breath sample before the engine starts and at random intervals while driving, so no one else can start the car for you. Every result, including failed or missed tests, is recorded, and you will need to bring the vehicle in for regular calibration appointments.

The restriction is on the vehicle, not the destination. You can drive anywhere, at any time, for any purpose, as long as the car you are driving has the device. That includes commuting, school runs, medical appointments, personal errands, weekend trips, and emergencies. The trade-off is that you cannot drive a friend’s car, a rental, or a work vehicle unless it also has a certified device installed.

Work and DUI School Restricted License: No Device, 30-Day Wait

The alternative requires no interlock device but comes with two limits. First, you must serve a period of hard suspension before you become eligible, typically 30 days for a first offense, during which you cannot drive for any reason. That means arranging rides, using public transit, or relying on family and coworkers for the entire month.

Second, once issued, the license permits only three kinds of trips: to and from work, driving required by your job during working hours, and to and from your DUI program. The route should be reasonably direct, and an officer who stops you can ask where you are going and why.

Nothing else is allowed: not the grocery store, not a child’s school, not a doctor’s office. Even a quick stop on the way home from work falls outside the restriction. The upside is that you avoid the cost and inconvenience of an interlock device, and you can drive any vehicle, as long as every trip fits within those three categories.

Which Option Should You Choose?

The decision usually comes down to three questions. Do you need to drive in the next 30 days? Do you need to drive anywhere other than work and DUI school? And can you absorb the cost of the device?

The interlock path costs more up front. Installation plus monthly leasing and calibration fees commonly add up to several hundred dollars or more over the restriction term, and the device logs every test. Drivers with lower incomes may qualify for reduced device fees, which providers in California are required to offer. In return, the interlock restores something close to normal driving immediately. 

The work-only path is cheaper and device-free, but it demands a month without driving, followed by months of trips you have to be able to justify to any officer who stops you. For most people whose jobs, families, or commutes are not perfectly simple, the interlock option is the practical choice. For someone with a short, predictable commute and another driver in the household, the work-only option can make sense.

Drug-only DUI cases are handled differently. Because the interlock device detects alcohol but not drugs, drivers convicted of a drug-only DUI generally cannot use the interlock path, which usually leaves the work-only license as the available option.

What You Need to Qualify for a Restricted License

Regardless of which path you take, the DMV requires the same core items:

• Age and license status. You must be 21 or older and must have held a valid California license at the time of arrest.
• Enrollment in a licensed DUI program. For most first offenses, this is the three-month course. A first offender with a BAC of 0.20% or higher is typically required to complete a nine-month program, and courts may order the longer program in other cases. The program files proof of enrollment directly with the DMV.
• An SR 22 certificate. Your insurer files this with the DMV to confirm you carry the required liability coverage. Not every carrier issues SR 22 filings, and premiums rise substantially.
• Proof of interlock installation, if you are taking that path, from a certified installer.
• No other active suspensions or revocations on your record.

Certain circumstances disqualify you or change the terms. A chemical test refusal generally blocks a restricted license during the refusal suspension. Drivers under 21 fall under California’s zero-tolerance rules, which carry a one-year suspension and much narrower restricted license options. Injury cases and repeat offenses carry longer waits and mandatory device terms, covered below.

How to Apply for a Restricted License: Step by Step

The application runs through the DMV, not the court, and the sequence matters.

1. Enroll in a DUI program and confirm the provider has sent your proof of enrollment to the DMV.
2. Obtain an SR 22 from your insurer and confirm it has been filed. Filing is done by the carrier, not by you.
3. Install the interlock device, if applicable, and get the installer’s verification form.
4. Serve the waiting period if you are taking the work-only path.
5. Apply in person at a DMV field office (appointment recommended) with ID, your DL 920 interlock form if applicable, and the fees: $125 during the administrative suspension, or $55 plus a $15 restriction fee after a conviction.

Fee amounts, form numbers, and program lengths change periodically, so check the California DMV’s website or call ahead to confirm the current requirements before your visit. Bringing everything on the first trip matters, because the office will not process an incomplete application.

How Long the Restriction Lasts (First, Second, and Third Offense)

Both the waiting period and the restriction term scale with your record. The following reflects typical alcohol related, non injury cases:

• First offense, no injury. On the DMV administrative suspension, you can get an interlock restricted license immediately, or serve a 30-day hard suspension and then drive on a work-and-DUI-school restriction. After a court conviction, you choose between a six-month interlock restriction with full driving privileges and a one-year restricted license limited to work and your DUI program.
• First offense with injury. An interlock device is mandatory, and the work-only option is not available.
• Second offense within 10 years. An interlock device is mandatory for one year. Installing it lets you get a restricted license without first waiting out the suspension, and the work-only option is generally not available.
• Third offense within 10 years. An interlock device is mandatory for two years, and the work-only option is not available.
• Drug-only DUI. A first offense does not qualify for the interlock path. Repeat offenders convicted of a drug-only DUI must generally serve 12 months of hard suspension before they can apply for an interlock restricted license.

Because these terms are set by statute and adjusted by legislation, confirm the current figures for your situation with the DMV or your attorney.

Rules for Driving on a Restricted License

The restriction is enforced strictly, and many people who lose theirs do so through carelessness rather than intent.

On an interlock restriction, you may only drive vehicles equipped with a device. That excludes a friend’s car, a rental, and an unequipped work vehicle. The device also records every failed, missed, or skipped test and reports them to the DMV, and everyday items like mouthwash or a pastry made with alcohol can register. Knowing how many interlock violations you can accumulate before the restriction is revoked matters from the day the device goes in.

On a work-only restriction, carry proof of employment and program enrollment in the car, because an officer who stops you will ask why you are on the road. A trip outside the permitted categories is a violation even if it was on the way home from work.

On either path, letting your SR 22 lapse or dropping out of your DUI program triggers automatic notification to the DMV and restarts the full suspension. Driving on a suspended license in California is a separate misdemeanor with its own fines and mandatory jail time, and it seriously complicates any pending case.

Frequently Asked Questions About DUI Restricted Licenses

Can you get a restricted license if you refuse the chemical test?

Generally no. Refusing the chemical test after a lawful arrest triggers a separate one-year suspension that does not allow a restricted license during its term. This is one of the practical reasons a refusal case carries consequences well beyond the added penalties, since the driver has no path back onto the road while that suspension runs.

Can you get a restricted license after a second DUI?

Yes, but with a longer wait and a mandatory interlock device. Second offenders typically serve roughly 90 days of hard suspension before applying and must keep the device for about a year. The work-only option is generally not available on a second offense.

Can commercial drivers get a restricted license?

A restricted license does not restore commercial driving privileges. If you hold a commercial license, a DUI conviction affects that privilege separately, and drivers arrested while operating a commercial vehicle face further restrictions. Anyone whose income depends on a CDL needs to address this before entering a plea.

Do you need a restricted license after a wet reckless?

Sometimes. A wet reckless conviction carries no court-ordered suspension, but the DMV administrative suspension is separate. If you lost or did not request the DMV hearing, that suspension still applies and a restricted license may be needed, though the term is typically shorter than after a DUI conviction.

How long do you have to keep SR-22 insurance?

Typically three years from the start of the suspension. A lapse at any point in that period triggers automatic notice to the DMV and a new suspension, so the policy has to be maintained continuously rather than filed once.

How do you get your full license back?

Full reinstatement requires completing your DUI program, maintaining SR 22 coverage, finishing any interlock term, clearing every outstanding suspension, and paying the reinstatement fee. The DMV issues the reinstatement once each requirement is documented.

Facing a License Suspension After a DUI? Talk to a Defense Attorney

The best restricted license is the one you never need, and that depends on the 10-day DMV hearing request and on what charge you are ultimately convicted of. A reduction to a lesser offense changes the length and type of restriction you face, which is why the criminal case and the license consequences have to be handled together rather than separately.

If you are facing a DUI and a license suspension in Southern California, contact Manshoory Law Group for a free case analysis at (877) 977-7750. Available 24/7.

Felony Charges in Riverside County: Penalties and What to Expect

A felony charge changes the stakes of a criminal case. The potential sentence is longer, the consequences last well beyond it, and the legal steps are more demanding than in a misdemeanor case. In Riverside County, the size of the county and the volume of cases add practical complications on top of the legal ones.

Here is what makes an offense a felony, what a conviction can cost, and the points in a felony case where the outcome can still change.

What Actually Separates a Felony From a Misdemeanor

The line is drawn by the punishment the law allows. In California, a felony is an offense punishable by state prison or, in certain cases, by a felony term served in county jail under Penal Code 1170(h). A misdemeanor is punishable by up to 364 days in county jail. Infractions, which carry only fines, fall below both.

That sounds clear, but many offenses do not sit neatly on one side. Wobblers can be charged as either a felony or a misdemeanor, and the prosecutor makes the first decision. Grand theft, assault with a deadly weapon, domestic violence resulting in injury, criminal threats, and many weapons offenses all fall into this group, depending on the facts. The charging choice rests on the seriousness of the conduct, your record, and the strength of the evidence.

The label matters for everything that follows. A felony conviction affects the right to own firearms, eligibility for many jobs and licenses, and the right to vote while serving a state prison sentence. It can also carry serious immigration consequences, which depend on federal law rather than the state label alone. Even when no prison term is imposed, the felony label remains on your record unless it is later reduced.

The Charges Riverside County Prosecutes Most Aggressively

Certain categories receive close attention from prosecutors anywhere, and the same is true in Riverside County. Violent offenses, including robbery, serious assaults, and domestic violence with injury, are charged with a strong emphasis on protecting victims. Offenses involving firearms, gang allegations, and repeat conduct are treated more seriously still.

Drug cases involving sales, transportation, or large quantities are routinely charged as felonies, as are residential burglaries and theft cases that involve large losses or organized activity. Under Proposition 36, passed in 2024, repeat theft and certain repeat drug offenses can now be charged as felonies as well. DUI cases become felonies when someone is injured or when there are three or more prior DUI convictions within 10 years, which is how a routine DUI case can become a much more serious matter.

Property crimes, fraud, and white-collar allegations can also lead to felony counts, particularly when the amounts are significant. The point is not that these cases always end in conviction. It is that the filing decision often starts higher, which leaves room for the defense to negotiate the charges down.

What a Felony Conviction Actually Costs You

The headline penalty is the sentence, but the lasting costs are often just as important.

State Prison Under Realignment

Since the 2011 realignment under AB 109 , many non-serious, non-violent, and non-sex felonies that do not require sex offender registration are served in county jail instead of state prison. This option is generally unavailable to anyone with a prior serious or violent felony conviction. Those sentences can still be long, and they may include a period of mandatory supervision afterward. More serious offenses, including violent and serious felonies, still lead to state prison.

Whether time is served in jail or prison, the practical effect is separation from work, family, and community, and the length depends on the charge, your record, and any added allegations.

Sentencing Enhancements That Add Years

Enhancements are allegations that extend a sentence beyond the base term. Using a firearm, causing great bodily injury, committing a crime for a gang, or having certain prior convictions can all add time. They are often the main source of pressure in negotiations, and they are also a point of attack, since each one must be proven separately beyond a reasonable doubt. and may be challenged on the facts or the law.

How a Strike Changes Every Future Case

Certain serious and violent felonies count as strikes under California’s Three Strikes law. A prior strike doubles the sentence on a later felony, and a new serious or violent felony after two strikes can lead to a term of 25 years to life. Courts have some discretion to dismiss a prior strike in the interest of justice, which is addressed through a Romero motion. Knowing whether a charge counts as a strike is one of the first questions to ask, because the answer changes the strategy for this case and every later one.

The Preliminary Hearing: Where Many Felonies Are Won

In a felony case, a preliminary hearing is where a judge decides whether the prosecution has enough evidence to proceed to trial. Under Penal Code 859b, the hearing generally takes place within ten court days of arraignment or plea unless time is waived, which many defendants do to allow more preparation.

The standard is low (probable cause), but the hearing is valuable. Witnesses who take the stand testify under oath, and the defense can cross-examine them, test their memory and their consistency, and learn what the prosecution’s case actually looks like. Under Penal Code 872(b), however, a qualified officer can testify to what witnesses told them, so the alleged victim does not always appear. A witness who cannot hold up under questioning, or evidence that proves less than charged, can lead to reduced counts or dismissal.

Even when the case is held to answer, the hearing helps. It creates a record of testimony that can be used later, it can support a motion to dismiss under Penal Code 995, and it gives the defense a clearer picture for negotiation.  For that reason, waiving it should be a deliberate decision, not a default.

Getting a Felony Reduced Under Penal Code 17(b)

For wobblers, one of the most powerful tools is a reduction to a misdemeanor. Penal Code 17(b) allows a court to treat a wobbler as a misdemeanor at several points, including at the preliminary hearing, at sentencing, or after successful probation.

Judges look at the nature of the offense, your history, your behavior while the case is pending, and the effect of a felony on your life. Evidence of steady work, counseling, restitution, and community ties makes a difference. A reduction does not erase the conviction, but it removes the felony label and the consequences attached to it, which is often the most valuable result available.

Timing is important. The best moment to seek a reduction depends on the case, and a request made at the wrong stage can be harder to win. In particular, once a court imposes a state prison or county jail felony sentence, a later reduction is generally no longer available. That is significant because the consequences of misdemeanor and felony convictions are very different, and they can follow you for years. 

Why Riverside County Outcomes Differ From Los Angeles County

California law is the same everywhere, but results are not. Each district attorney’s office sets its own charging policies, and each courthouse has its own calendar practices and its own judges. A deal that is routine in Los Angeles may be unavailable in Riverside County, and the reverse can be true as well.

The county’s size also matters. Riverside County covers a large area with multiple courthouses, so travel, scheduling, and assignment can affect your case. Heavy caseloads can also influence how quickly cases move and how much time attorneys and judges can spend on each one.

For that reason, advice based on how a friend’s case went in another county can be misleading. Manshoory Law Group’s Riverside criminal defense team works within the county’s courts, which gives them a practical sense of what the office will agree to and what it will resist.

Frequently Asked Questions

Will a first felony result in prison time?

Not necessarily. Many first-time felony cases end in probation, county jail, or a reduction to a misdemeanor, depending on the charge, the facts, and the defendant’s background. Violent or serious felonies carry a greater risk of prison, so the specific offense matters most.

Can a wobbler be reduced before sentencing?

Yes. A wobbler can be reduced to a misdemeanor at the preliminary hearing or through negotiation with the prosecutor before sentencing. A court can also consider a reduction at sentencing or later, once probation has been completed.

Which Riverside County courthouse hears my case?

It depends on where the offense occurred and how the court has assigned the matter. Your charging document or notice lists the courthouse and department, and the court’s website can confirm it. Do not assume the nearest courthouse is the correct one.

Facing Felony Charges in Riverside County? Talk to a Defense Attorney

A felony case is shaped by early decisions about hearings, motions, and negotiation. Acting before key deadlines pass usually leaves more options open than waiting.

If you have been arrested or charged in Riverside County, contact Manshoory Law Group for a free case analysis at (877) 977-7750. Available 24/7.

Criminal Charges in Inglewood: Understanding the Local Court Process

Court is unfamiliar to most people, and an unfamiliar process is where avoidable mistakes happen. Missed dates, misunderstood hearings, and assumptions about what a judge will do cause as much trouble in some cases as the charge itself. If your case is in Inglewood, knowing how the local system works takes away much of that risk.

The focus here is practical: where your case is heard, what each hearing is for, how negotiations tend to unfold, and the rules that catch people off guard.

What Makes the Inglewood Courthouse Different

Inglewood has its own Los Angeles Superior Court location, the Inglewood Courthouse at One Regent Street, and it generally handles cases from Inglewood, Hawthorne, Lennox, El Segundo, and nearby unincorporated areas. That sounds simple, but court assignments in Los Angeles County change over time as calendars are consolidated, and a citation does not always point to the courthouse people expect.

The practical rule is to rely on the paperwork. Your citation, notice to appear, or complaint lists the court, the department, and the time. Confirm it through the Los Angeles Superior Court website if anything looks unclear. Going to the wrong building can have the same result as not showing up.

Local culture matters as well. Each courthouse has its own pace, its own judges, and its own habits about how calendars are called. A busy morning calendar may have dozens of cases, which means you can wait for hours and may be seen only briefly. Arriving early, checking in with the bailiff or courtroom staff, and knowing your department number can spare you stress and keep you from missing your call.

Inglewood’s courthouse sees everything from traffic infractions to serious felonies, so what feels like an enormous event to you may be one of many on a given morning. That should not make the case feel less important, but it explains why hearings are often short.

Reading Your Court Calendar Like an Insider

Court dates come with labels that sound similar but mean very different things. Understanding them is the difference between feeling lost and feeling prepared.

What Each Type of Hearing Is Actually For

The arraignment is the first formal step. The judge informs you of the charges, confirms your rights, and takes your plea. In felony cases, a preliminary hearing usually follows, where a judge decides whether there is enough evidence for the case to move toward trial. A pretrial or readiness conference is where the attorneys report on progress, discuss offers, and decide whether to set a trial. A motion hearing is where a judge rules on legal requests, such as excluding evidence. A trial setting conference is where the trial date is set, and a sentencing hearing follows a plea or verdict. In many misdemeanor cases, though, the sentence is imposed the same day as the plea.

Many of these are brief, and some may be continued to a later date for reasons unrelated to you, such as scheduling or incomplete evidence. A continuance does not mean something went wrong. The overall picture of how the stages of a criminal case connect helps put each date in context.

What Happens If You Misunderstand One

Misreading a hearing is costly. Assuming a date was optional, going to the wrong department, or arriving late can lead to a bench warrant. A bench warrant means you can be arrested at any time, including during a routine traffic stop, and it often leads to a bail amount you would not otherwise face.

Failing to appear after being released can also create a separate criminal charge under Penal Code 1320, which makes it an offense to willfully miss a court date while released from custody. If a date has slipped by, the sooner an attorney is involved, the easier a warrant is to resolve. Recalling a warrant usually requires a prompt court appearance, often arranged through counsel.

How Plea Negotiations Actually Unfold in Inglewood

Most cases are resolved through discussions between the defense and the prosecutor, and these talks follow a rhythm. Felony cases filed in Inglewood are prosecuted by the Los Angeles County District Attorney’s Office, which has an area office inside the courthouse.

Early on, the prosecutor often makes an opening offer based on the police report alone. It tends to reflect the charge as written and leaves little room. That offer is a starting point, not a final position, and accepting it before reviewing the evidence is one of the more common mistakes.

As the defense obtains discovery, raises problems with the evidence, and provides mitigating information, the discussion shifts. Documentation of employment, treatment, family responsibilities, and restitution payments carries real weight. Offers often improve at the readiness stage, when both sides know the strengths and weaknesses of the case and a trial date is close.

A judge may also play a role. In some settings, the court gives an indicated sentence, signaling what it would likely impose if you plead guilty or no contest, which helps you compare the offer against the risks of going forward. You are never required to accept an offer or an indicated sentence, and you can still choose to go to trial.

Details matter in the final agreement. A plea should state the exact charge, the sentence, the probation terms, and any consequences for immigration or licensing. Reviewing the common conditions of probation before agreeing helps you avoid terms you cannot realistically meet.

Rules That Trip Up Defendants Who Don’t Know Them

A few procedural traps catch people who are otherwise doing everything right:

• Release conditions. If you were released, you may have conditions such as staying away from a person, avoiding alcohol, or surrendering weapons. Violating them can lead the court to revoke release and weaken your negotiating position, regardless of the underlying charge.
• Contact with witnesses. Talking to an alleged victim or witness, even to apologize, can be treated as an attempt to influence them. Leave any contact to your attorney, and follow any protective order exactly.
• Waiving time. Defendants have the rights to a speedy trial, and attorneys often waive some of those time limits to allow more preparation. That is a legitimate strategy, but it should be a decision you understand rather than a surprise.
• Social media. Posts and messages are routinely collected as evidence. Do not delete anything, since that can be treated as destroying evidence, and avoid posting or messaging about your case.
• New arrests. A second arrest while the first case is pending can undo an otherwise favorable negotiation and make bail much harder.

What Changed Since the Stadium District Brought More Cases Here

Inglewood now hosts SoFi Stadium, Intuit Dome, and the Kia Forum, along with a major entertainment district and events that draw crowds from across the region. On event nights, traffic, alcohol, and large gatherings can lead to more DUI stops, disorderly conduct arrests, and disputes in parking areas and nearby streets.

That shift affects people who do not live in the city. Visitors from other parts of Southern California, or from out of state, may find themselves with a case in a courthouse they have never seen, on a date far from home. In many misdemeanor cases, an attorney can appear on your behalf at routine hearings, so repeated trips are often avoidable.

It also means evidence can look different. Stadium areas are covered by cameras, security staff, and extra patrols, so video of what happened is often available. The question is usually what that footage shows and whether it matches the officer’s account, which makes early preservation important before recordings are overwritten.

Frequently Asked Questions

Do I have to appear at every hearing?

Not always. In many misdemeanor cases, your attorney can appear for you at routine hearings under Penal Code 977. Domestic violence cases are an exception, since you generally must appear in person at the arraignment, the plea, and sentencing. Felony cases require your presence at more stages, including the arraignment, the preliminary hearing, and sentencing. Always confirm with counsel and the court notice before skipping a date.

Can my case be transferred to a different courthouse?

Sometimes. Cases can be reassigned when calendars are consolidated, when related cases are joined, or when a court finds that another location is the proper venue. A transfer is not something you should assume. Until the court says otherwise, appear where your paperwork directs.

What happens if I can’t afford private counsel?

If you cannot afford a lawyer, the court can appoint a public defender, and that right applies to any charge that could result in jail. Public defenders handle large caseloads, so it is worth asking early about timing and how to reach your attorney. You can also consult a private attorney about payment options before deciding.

Facing Charges in Inglewood? Contact a Defense Attorney

A court process is far less intimidating when you understand it. Knowing what each date means, what to do before it, and what to avoid in between keeps you from creating problems the original charge never had.

If you have been charged or cited in Inglewood, contact Manshoory Law Group for a free case analysis at (877) 977-7750. Available 24/7.

Arrested in Culver City? Common Charges and Your Options

After an arrest in Culver City, most people want two answers: what exactly am I facing, and what can be done about it? Neither answer is as obvious as it seems. The offense written on the arrest report is often different from the one a prosecutor files, and the options available depend on facts that vary a great deal from person to person.

What follows covers the charges that come up most in Culver City, the four realistic paths a case can take, and why two people with the same charge can get very different advice.

What You Were Actually Arrested For vs. What You’re Charged With

An arrest is the officer’s decision. A charge is the prosecutor’s. The two can differ substantially, and the gap matters more than most people realize.

Officers arrest on probable cause, which is a lower standard than the proof needed to convict. They may list several possible offenses on the report so the prosecutor has options. When the file reaches the prosecutor, each potential count is reviewed against the evidence. Some are dropped because they cannot be proven, some are reduced because the facts support a lesser offense, and occasionally new ones are added.

That is why the booking sheet should not be treated as the final word. Someone arrested for a felony may be charged with a misdemeanor, and the reverse can happen too. Until the formal complaint is filed, the exact charge is uncertain, and that window is when information from the defense can make a difference.

Culver City’s Most Common Charges, and What Drives Them

Retail Theft Near the Studios and Shopping Centers

Shoplifting and petty theft account for a steady share of arrests around retail corridors, including Westfield Culver City and the shops of Downtown Culver City near the studio lots. Under Penal Code 459.5, shoplifting is generally a misdemeanor when the value is $950 or less. However, since Proposition 36 took effect in late 2024, a theft with two or more prior theft convictions can be charged as a felony regardless of value, and the value of separate thefts can be combined to cross the $950 line. Whether there was an intent to resell can also move a case toward a more serious theft offense, such as organized retail theft. Security video usually exists, so the question is often not whether something happened but what it shows about intent.

DUI Along the 405 and 10 Corridors

Two major freeways and busy surface streets produce DUI stops at all hours, especially late at night and on weekends. A DUI creates two proceedings at once: the criminal case and a separate DMV process with a short deadline to request a hearing. Because the license clock starts running long before the criminal case moves forward, it pays to learn how DUI defense works as early as possible. 

Domestic Violence Calls

Calls to homes and apartments often end in arrests when officers find probable cause, even when the people involved give conflicting accounts. These cases can move quickly and often come with criminal protective orders that restrict contact and can require the accused to move out of a shared home. Many people assume the alleged victim can drop the charges, but in California that decision belongs to the prosecutor, and a case can go forward even if the alleged victim no longer wants it to. The way a case is handled depends heavily on evidence beyond the initial statements, such as photos, 911 recordings, and witness accounts, and these details often shape the options for fighting a domestic violence charge.

Drug Possession

Possession cases usually begin with a traffic stop, a search, or a contact in a public place. Most simple possession matters are misdemeanors, and some are eligible for treatment-based alternatives. Because they often turn on how the drugs were found, the legality of the stop or search is frequently the key question. Penalties for drug possession in California also depend on the type of substance, the amount, and the circumstances of the arrest. 

Four Paths Forward, and Who Qualifies for Each

Fighting the Case Outright

When the evidence is weak, the stop was unlawful, or a witness’s account does not hold up, the strongest option can be to contest the charge through motions or trial. This path requires a real defense, not just disagreement, and it carries the risk that a conviction at trial may bring a harsher result than a negotiated deal. It is most realistic when there is a specific, provable problem with the prosecution’s case.

Pretrial Diversion

Diversion lets eligible defendants complete conditions such as classes, treatment, community service, or restitution, after which the charge is dismissed. California allows judges to grant this relief in many misdemeanor cases under Penal Code 1001.95, though certain offenses are excluded, including domestic violence, stalking, and offenses that require sex offender registration. DUI cases are also generally ineligible. Separate diversion programs exist for drug possession and for defendants with qualifying mental health conditions, and the mental health program can apply to some felonies. Someone with a clean record and a minor first offense is typically the strongest candidate, though a prior record does not automatically rule diversion out.

Negotiating a Reduction

Where fighting the case is risky and diversion is unavailable, a reduction can still change a great deal. A felony may be resolved as a misdemeanor, or a charge may be replaced with a less serious one that carries fewer lasting effects. Prosecutors are most open to this when there are evidentiary weaknesses, mitigating facts, or steps already taken by the defendant.

Minimizing the Sentence

If a conviction is unavoidable, the goal shifts to limiting what follows. That can mean probation instead of jail, shorter jail terms, work or community service alternatives, or conditions that fit your job and family. A well-prepared sentencing presentation, with documents on employment, treatment, and personal circumstances, can move the outcome meaningfully.

Why the Same Charge Can Lead to Different Advice for Different People

It is common for two people to face the same offense and be told to take different routes. That is not an inconsistency. It reflects real differences that matter.

A first offense with no history can often qualify for diversion, while a repeat offender may not. A person on probation or parole risks a violation on top of the new charge. A noncitizen may need to avoid a plea that creates removal risk, even if it seems lenient. A professional with a license may prioritize avoiding any conviction over reaching a quick deal.

The strength of the evidence also differs. A clean stop with clear video is a different case from a questionable search with a hesitant witness, even if the code section is identical. Local factors play a part as well. Manshoory Law Group’s Culver City defense attorneys deal regularly with the agencies and prosecutors involved, which helps in judging which options are realistic for a particular charge and which are not.

For that reason, advice that sounds right for a friend or a neighbor may be wrong for you. The details decide.

Frequently Asked Questions

Can a first arrest be resolved without a conviction?

Often, yes. Dismissal, diversion, and negotiated outcomes can all avoid a conviction, depending on the charge and the evidence. First offenses for nonviolent conduct generally have the broadest set of options, though no outcome can be promised in advance.

What disqualifies someone from diversion?

Eligibility turns on the offense and your history. Certain violent offenses, domestic violence, and some sex offenses are generally excluded, and many DUI cases do not qualify. A current probation or parole status, or a pending case of a certain type, can also make you ineligible. An attorney can check the specific rules for your charge.

Will this show up on a background check right away?

It can. Arrests and open cases may appear in some searches soon after they are reported, while convictions are more consistently visible. How long it lasts and what employers can consider depend on the type of check and the outcome. Some records can later be sealed, and some convictions can be dismissed through expungement.

Explore Your Options With a Culver City Defense Attorney

The options in a criminal case narrow with time. Evidence disappears, deadlines pass, and early opportunities with the prosecutor fade. Understanding your choices early keeps more of them available.

If you have been arrested or cited in Culver City, contact Manshoory Law Group for a free case analysis at (877) 977-7750. Available 24/7.

Criminal Charges in Beverly Hills: What You Need to Know Before Court

For many people in Beverly Hills, the worry that comes with a criminal charge is not only the sentence the court might impose. It is also who will find out about the case, what it could do to a career or professional reputation that took years to build, and whether one mistake will follow them for years to come. Those concerns are entirely reasonable, and rather than being set aside, they should shape the way a case is handled from the very first day.

What follows covers what to do before your first court appearance, when some of the most important decisions in a case are made: what to read closely in your paperwork, what information stays public and what does not, which decisions need to come first, and which long-term consequences can matter far more than the fine itself.

Read Your Charging Document Before You Do Anything Else

Your citation or complaint is the most important piece of paper you have, and many people skim it. It lists the specific offenses you are accused of, the code sections, the date and location, and whether each count is a misdemeanor or a felony. It also names the court and the date you must appear.

Check each item carefully. Charges are sometimes more serious than the arrest suggested, and a single incident can be split into several counts. Some counts carry enhancements, which are additional allegations that increase the possible penalty. If the document lists an offense you did not expect, that is worth raising with an attorney right away.

Look at the dates, too. An appearance date on a citation is a legal obligation. Missing it can lead to a bench warrant, a new charge, and a far weaker position than you started with. If the paperwork is unclear, the Los Angeles Superior Court website can confirm where and when you are expected. It is recommended to check it right away rather than assuming.

Finally, note the agency and any report or booking number. Beverly Hills has its own police department, and knowing which agency made the arrest tells your attorney where to request the report, body camera footage, and any recorded statements. Keep a copy of everything you were handed, along with the names of the officers, so nothing has to be reconstructed later from memory.

The Privacy Problem: What’s Public and What Isn’t

Court Records and Media Attention

Criminal court cases are generally public. Filings, hearing dates, and outcomes can be viewed through the court, and an arrest can appear in news coverage or on online databases, particularly when the person is well known or the incident drew attention. Some details are restricted, such as certain victim information and sealed materials, but the existence of the case itself usually is not.

That does not mean you have no control. How quickly a case is resolved, how it is described, and whether it ends in dismissal rather than conviction all affect what a future employer or reporter finds.

How Cases Get Resolved Quietly

Most cases do not require a public trial. Early negotiation, reduced charges, and completion of court-approved programs can bring a case to an end with limited exposure. In some cases, early contact with the prosecutor can even prevent charges from being filed. For eligible defendants, completing one of the available rehabilitation and diversion programs can result in a dismissal after the requirements are met, which keeps a conviction off the record and treats the arrest as if it never occurred.

Quiet does not mean secret, and no attorney can promise that a case will go unnoticed. What a good defense can do is reduce the odds of a public trial and aim for an outcome that does the least lasting damage.

Decisions to Make Before Your First Appearance

Retained Counsel or a Public Defender

A public defender is available if you cannot afford a lawyer, and many are skilled and experienced. The trade-off is time, since public defenders carry large caseloads. A private attorney can usually devote more attention to early investigation, contact with the prosecutor before charges are filed, and more time to pursue outcomes tailored to a career or license.

The better choice depends on the stakes. If a conviction would threaten your livelihood or your status, it is worth considering how much individual attention the case needs.

Whether You Need to Appear in Person

For many misdemeanors, your attorney can appear for you, which spares you time away from work and the risk of being seen at the courthouse. That option is not available in every case. Misdemeanor domestic violence charges, for example, require you to attend the arraignment and sentencing, and in DUI cases the court can order you to be present. Felonies generally require your presence at important hearings. The court’s order controls, so confirm with counsel before assuming you can stay away.

What a Beverly Hills Conviction Threatens That a Fine Doesn’t

Professional Licenses

Doctors, nurses, attorneys, real estate agents, contractors, and many others hold licenses that can be disciplined after a conviction. California law allows licensing boards to act when a conviction is substantially related to the duties of the profession, as set out in Business and Professions Code section 490. Some boards also require you to report an arrest or charge, so check your profession’s rules early.

Employment and Immigration Status

Background checks can surface convictions, and a pending case can come up as well. California law generally prevents employers from asking about arrests that did not lead to a conviction, and most employers cannot ask about conviction history until after a conditional job offer.Certain jobs, especially those involving finances, children, or security clearances, are closed to people with particular convictions.

For non-citizens, the stakes can be higher still. A plea that looks minor can be treated as a deportable or inadmissible offense under immigration law. Anyone who is not a U.S. citizen should get advice from an immigration attorney before any plea is entered.

The Preparation Mistake Most Defendants Make

The most common error is treating the first appearance as the start of the case. By then, much of the decisive work has either been done or missed. Evidence has been collected, statements have been made, and the prosecutor has formed an impression from the police report alone.

Defendants who prepare early do things differently. They write down their own account while memory is fresh, gather documents and messages, identify witnesses, and avoid discussing the case with anyone other than their attorney. They also take steps that improve their position, such as enrolling in counseling or completing a class, before being asked.

Waiting to see what the prosecutor does is a quiet form of giving up leverage. A prosecutor reading a file with context, documentation, and evidence of responsibility often reaches a different decision than one reading only the arrest report. Manshoory Law Group’s Beverly Hills defense attorneys focus on that early stage because it tends to determine how much room remains later.

Frequently Asked Questions

Is my arrest a matter of public record?

Yes. Basic booking information and court filings are typically accessible, though what appears online varies by source. An arrest is not a conviction, and certain records can later be sealed or updated depending on how the case ends.

Can my attorney appear in court without me?

In most misdemeanor cases, yes. California law allows a defendant to appear through counsel, subject to the court’s discretion and to certain hearings that require personal attendance. In felony cases, you should plan to attend key proceedings.

Should I respond if the other party contacts me?

No. If the case involves an alleged victim, a former partner, or a witness, contact can be treated as pressure or intimidation and may violate a protective order. Let your attorney handle all communication, and keep any messages you receive instead of replying. If an order is requested alongside the criminal case, skilled restraining order defense can protect your interests in both proceedings.

Prepare for Court With a Beverly Hills Defense Attorney

The strongest outcomes usually come from preparation that starts before the first hearing: reading the charges, protecting your record, and deciding who will speak for you.

If you have been charged or cited in Beverly Hills, contact Manshoory Law Group for a free case analysis at (877) 977-7750. Available 24/7.

Facing Criminal Charges in Burbank? How the Process Works From Arrest to Resolution

A criminal case in Burbank does not unfold evenly. Some stretches move fast and carry enormous consequences, such as the first hours after an arrest. Others feel like nothing is happening, even though some of the most important work is being done. Knowing which parts matter most helps you spend your attention where it counts.

What follows covers the process in the order it happens, but focuses on the moments that actually change outcomes and the five ways a case can end.

The Moment That Matters Most: Your Release Decision

The first major decision in many cases is whether you go home. If you were arrested and booked, release can happen through posting bail, being released on your own recognizance, or being cited out with a promise to appear. Each route carries different obligations, and how you are released can shape the rest of your case.

Staying in custody is not just uncomfortable. It can cost you a job, disrupt childcare, and put pressure on you to accept a quick plea just to leave. Defendants who are out of custody have more time, more resources, and more freedom to prepare. That is why a good defense attorney treats release as the first priority.

Bail amounts in Los Angeles County are not set in stone, and many lower-level offenses no longer require bail before arraignment. Judges consider the seriousness of the offense, your ties to the community, your record, your ability to pay, and the likelihood that you will return to court. When the amount is unrealistic for your situation, you may have options for reducing a Los Angeles bail amount through a motion that presents your circumstances to the court.

Release often comes with conditions, such as staying away from an alleged victim, surrendering firearms, or checking in regularly. Violating them can send you back into custody and damage the credibility of your defense, so read them closely.

What Happens Before You Ever Set Foot in Court

Even after release, a large share of the case occurs out of public view. The police report goes to a prosecutor, who reviews it and decides whether to file criminal charges in Burbank. Misdemeanors are handled by the Burbank City Attorney’s Office, while felonies go to the Los Angeles County District Attorney. That review can take days or weeks, and the charging decision it produces sets the limits for everything that follows.

This is the quiet period that many people waste. An attorney can use it to gather material the report does not contain: receipts, text messages, surveillance video from nearby businesses, and the names of witnesses who saw something different. In some cases, an attorney can also present this material to the prosecutor before charges are filed. Evidence is also perishable. Footage gets overwritten, memories fade, and phone data disappears, so early collection can make a difference.

Your first court date is the arraignment, which is usually listed on your citation or release paperwork. The arraignment itself is brief. The judge reads the charges, confirms your rights, and takes your plea, and most defendants plead not guilty so that nothing is decided before the evidence is examined. In many misdemeanor cases, your attorney can appear for you.

The Turning Point: What Discovery Reveals About Your Case

After the arraignment, the prosecution is required to share its evidence with the defense. This exchange is called discovery, and it is often the first time the defense sees the full file.

What arrives can change everything. Body camera footage may contradict the report. A witness statement may differ from what the officer wrote. Lab results may be incomplete, or a stop that looked routine may turn out to lack a legal basis. Seeing the discovery process in criminal cases laid out helps explain why reviewing this material carefully matters so much to the strategy that follows.

Discovery also tells you what the prosecution does not have. Missing evidence, a witness who has stopped cooperating, or a gap in the timeline can shift negotiations in your favor. Before discovery, much of the strategy is guesswork. After it, you are working from the actual case.

Five Ways a Burbank Case Can End

Dismissal

Diversion

Eligible defendants complete a program of classes, treatment, community service, or restitution, and the charge is dismissed afterward. It is most common for first-time, nonviolent offenses, though some programs, such as mental health diversion, can apply to more serious cases, and it can keep a conviction off the record entirely.

Negotiated Plea

Trial Verdict

Reduced Charge

A felony becomes a misdemeanor, or a misdemeanor becomes an infraction, usually through negotiation. Certain offenses called “wobblers” can also be reduced from a felony to a misdemeanor by court order, sometimes even after sentencing. Even without a dismissal, a reduction can change how a case affects your job, your record, and your future.

What Decides Which of Those Five You Get

The strength of the evidence comes first. A case with solid video and a credible witness points toward a plea, while a case with gaps points toward dismissal or a better offer. Your record is next: a clean history opens the door to diversion and reductions, while prior convictions narrow the options.

The seriousness of the alleged harm matters as well. Cases with injuries or large losses attract firmer positions from prosecutors. Finally, local practice plays a role. Manshoory Law Group’s Burbank criminal defense attorneys handle cases in front of the same courts and prosecutors regularly, so they know which offers tend to be available and which are unrealistic.

Your own priorities count too. Some people care most about avoiding any jail time, others about protecting a professional license, and others about clearing their name at trial. A strategy that fits your goals is better than one chosen by default.

Frequently Asked Questions

How long until my case is actually resolved?

It varies with the charge and how contested it is. A simple misdemeanor can wrap up in a matter of weeks, while a contested case or a felony often takes many months. Motions, evidence testing, and court calendars all affect the pace, so a timeline is best treated as a range.

Can I get a resolution sealed later?

Often, yes. If your case ended in a dismissal, an acquittal, or completed diversion, you may be able to have the arrest record sealed. If you were convicted, a person who completes probation may be able to ask the court to set aside the conviction under Penal Code 1203.4, which updates the record to show a dismissal. This is not the same as erasing it, and some background checks may still show it, while some licensing applications require you to disclose it. Eligibility depends on the offense and how probation was completed.

What separates a dismissal from an acquittal?

An acquittal is a verdict of not guilty after trial, and it bars the prosecution from trying you again for the same offense. A dismissal ends the case without a verdict, and depending on how it is entered, the charge may sometimes be refiled. The distinction between a dismissal without prejudice and a final result matters when deciding what to do next.

Facing Charges in Burbank? Get a Free Case Analysis

Most of what shapes a criminal case happens in the first days and weeks, from the release decision to what the evidence shows. Starting early keeps more of your options open.

If you have been arrested or cited in Burbank, contact Manshoory Law Group for a free case analysis at (877) 977-7750. Available 24/7.

Criminal Charges in Pasadena: How Cases Are Defended in Local Court

Most people who face criminal charges in Pasadena assume the case will be decided by what happened that night. In practice, it is decided by what the prosecution can prove, and that is a different question. A charge is an accusation, and the evidence behind it is often thinner, older, or less reliable than the filing suggests.

This guide looks at how defense actually works in a Pasadena criminal case: what the evidence consists of, which motions can change the outcome, and how to tell when negotiation or trial is the right path.

The Evidence a Pasadena Case Actually Rests On

Strip away the charging document and nearly every case reduces to a few categories of proof. Knowing which ones carry your case tells you where it is strong and where it is vulnerable.

Witness statements come first. These come from the complaining witness, bystanders, and anyone who called 911. Statements made in the heat of the moment are often incomplete, inconsistent, or colored by emotion, and they tend to change as the case moves along. A witness who cannot be located, or who no longer wants to cooperate, can weaken a case considerably.

Physical and digital evidence is next: video from businesses and doorbell cameras, body-worn camera footage, text messages, photographs, lab results, and receipts. Pasadena’s busy commercial corridors and residential streets produce a lot of video, and the question is usually whether it shows what the report says it shows.

Then there are statements by the defendant. Anything said to officers can be used, and a recorded or summarized statement is often the most damaging item in a file. Last is the officer’s own account, including how the encounter began. How a stop or contact started matters because everything gathered afterward can depend on it.

A careful defense reads all of this against the police report to find gaps, contradictions, and anything the report left out.

Three Motions That Change the Outcome Before Trial

Suppressing an Unlawful Stop or Search

If officers stopped you without reasonable suspicion that a crime was occurring, searched you, your car, or your home without a warrant or a valid legal exception, or arrested you without probable cause, the evidence they found as a result may be excluded from the case entirely. A motion under Penal Code 1538.5 asks the court to suppress that evidence, meaning the prosecution would not be allowed to use it to prove the charges against you.

The result of this kind of motion can be decisive for the entire case. In many drug, weapons, and DUI cases, nearly all of the key evidence came from a single stop or search, so the legality of that one encounter can determine whether the prosecution has a case at all. If the judge finds the contact unlawful and suppresses what was found, the prosecution may have little or nothing left to work with, and the charges may be reduced to something far less serious or dismissed altogether.

Forcing Disclosure of Favorable Evidence

Prosecutors must turn over evidence that helps the defense, including material that undermines a witness or suggests innocence. When they fail to do so, the consequences can reach the entire case, from delays and excluded evidence to dismissal in serious cases. The rules on a Brady violation explain what has to be disclosed and what a court can do when it is withheld.

In practice, these motions often start with a simple request that the prosecution confirm what it has. Gaps in the file, such as missing video, unrecorded interviews, or absent lab data, become the basis for a stronger demand.

Pitchess Motions and Officer Credibility

When a case depends heavily on one officer’s account, that officer’s history can matter. A Pitchess motion asks the court to review confidential personnel records for complaints of dishonesty, fabricated reports, or excessive force. The procedure is set out in Evidence Code sections 1043 to 1047, and the judge reviews the records privately before deciding what, if anything, the defense may see. When disclosure is ordered, it usually covers the names and contact information of people who made similar complaints, and complaints more than five years old are generally excluded.

These motions are not fishing expeditions. They require a specific factual basis tied to the case, such as a claim that the report misstates what happened, though courts treat this as a relatively low threshold. Some records are no longer fully confidential: since SB 1421 and SB 16, sustained findings of dishonesty and certain uses of force can be requested as public records. When granted, a Pitchess motion can provide material to challenge the officer’s credibility at trial or during negotiation.

What Prosecutors Weigh When Deciding to Negotiate

Most cases end in a negotiated resolution, and prosecutors are not moved by sympathy alone. They respond to risk. If a motion could exclude key evidence, if a witness is shaky, or if the video does not match the report, the case becomes harder to win, and a reduced offer starts to look sensible.

Beyond the evidence, prosecutors consider your record, the seriousness of any injury or loss, and whether a victim has a view about restitution or resolution. They also look at what you have already done. Counseling, treatment, restitution paid ahead of time, and stable employment give them reasons to support a lighter result.

Local familiarity matters here too. Manshoory Law Group’s Pasadena defense lawyers deal with the same courthouse and prosecutors regularly, which helps in judging what an office will accept for a particular offense and what it will refuse.

Offers also come with a timeline. Early in a case, prosecutors have more flexibility, while later offers can narrow as a trial date nears. Evaluating an offer therefore means weighing the strength of your defense against the limits of the offer, not simply deciding whether it sounds acceptable.

Diversion and Alternatives Pasadena Courts Actually Grant

Some cases do not need a conviction at all. Diversion programs let eligible defendants complete requirements such as classes, treatment, community service, or restitution in exchange for a dismissal. California has expanded these options in recent years, and the details of the new diversion programs in California show how many people now qualify who would not have in the past.

Eligibility depends on the charge, your history, and the court’s discretion. Offenses involving serious violence are generally excluded, and some categories, such as most DUI cases, are not eligible for diversion. For other first-time defendants, these programs can be the strongest path to protecting a record.

Other alternatives exist even when diversion does not apply. A court can agree to informal probation instead of jail in a misdemeanor case, reduce certain felonies, known as wobblers, to misdemeanors under Penal Code 17(b), or allow a plea to a lesser offense with fewer long-term consequences. The right combination depends on what matters most to you, whether that is your job, your license, your immigration status, or your record.

When a Case Is Genuinely Worth Taking to Trial

Trial is the exception, but in the right case it is the correct decision. It makes sense when the evidence is weak or contested, when the prosecution’s offer is barely better than the likely sentence after a conviction at trial, or when you simply did not do what you are accused of.

Cases that rest on one witness whose account does not hold together, on video that contradicts the report, or on an identification made under poor conditions can all be reasonable trial candidates. So can cases where a conviction would trigger consequences, such as immigration problems or loss of a professional license, that no plea offer avoids.

The risks are real. A conviction at trial can bring a harsher sentence than a negotiated plea, and a defendant should know that before choosing. Understanding what to expect at your trial helps in making that decision based on full information rather than fear.

Frequently Asked Questions

How often do Pasadena cases actually reach trial?

Rarely. The vast majority of criminal cases end through dismissal, diversion, or a negotiated plea well before a jury is selected. Trial remains a real option, and the possibility of one is part of what gives a defense leverage in negotiation.

Can a case be dismissed before arraignment?

Yes, in a sense. A case that ends before arraignment is usually never filed, which is technically a rejection. A prosecutor can decline to file charges, or an attorney’s early contact can lead to a case being rejected or reduced before the first hearing. Once charges are filed, dismissal usually requires a successful motion, a failure of proof, completion of diversion, or a court order in the interest of justice.

What is a 995 motion and when does it apply?

It is a motion under Penal Code 995 asking a judge to dismiss a felony charge after a preliminary hearing or grand jury indictment because the evidence presented did not legally justify holding you to answer. It applies to felony cases and is filed after that stage, not before.

Charged in Pasadena? Talk to a Local Defense Attorney

How a case is defended in the first weeks often decides the range of outcomes later. Evidence disappears, deadlines pass, and offers narrow as the case ages. The earlier the evidence is reviewed, the more options you tend to have.

If you have been charged or cited in Pasadena, contact Manshoory Law Group for a free case analysis at (877) 977-7750. Available 24/7.

Arrested in Glendale? A Local Guide to the Criminal Process

If you were arrested in Glendale, the weeks that follow can feel like a process that is happening to you. Paperwork arrives, a court date appears, and nobody explains who is actually deciding what. The criminal process is easier to handle once you see that a handful of people make the decisions that matter, and that each one works from a different set of information.

What follows explains who those people are, why the same arrest can end in very different ways, and where a defendant still has real influence. 

Three People Who Control What Happens to Your Case

Glendale arrests are usually made by the Glendale Police Department, a separate city agency that operates independently from both the Los Angeles Police Department and the Los Angeles County Sheriff’s Department, which means the officers involved, the reports they write, and the procedures they follow all come from Glendale’s own force rather than from the larger county or city agencies.

The officer’s report is the foundation of the entire case. It records what the officer saw, what witnesses said, what you said, and why the arrest was made. Prosecutors rarely have independent knowledge of the incident, so they rely on this document almost completely.

That makes the wording important. A report can leave out context, repeat a witness account without checking it, or describe a stop in a way that skips over a legal problem. That is why challenging a police report is often one of the first things a defense attorney considers, since errors caught early can change how the whole case is viewed. 

The Prosecutor: The Filing Decision That Sets Your Case’s Direction

After an arrest, the officer’s report is sent to a prosecutor, who reviews it along with any other evidence gathered and decides whether to file charges at all, which specific charges to file, and whether the case should proceed as a misdemeanor or a felony. That choice affects everything from potential penalties to how long the case will take. The prosecutor can also decline to file charges entirely, or send the case back to police with a request for more investigation before making a final decision, which is why a case that seems quiet in the weeks after an arrest may still be under active review.

This is the most underestimated moment in the entire criminal process, because many people assume the arrest itself decides their fate, when in reality the filing decision often sets the direction for everything that follows. Officers can recommend charges in their reports, but they do not have the authority to decide them, and the prosecutor is free to file different charges, lesser charges, or none at all. A prosecutor who sees a thin case, an unreliable or hesitant witness, or a mitigating background such as a clean record or steady employment may choose to file something lighter than what the officer recommended, and in some cases may decide not to file anything at all.

The Judge: What Actually Gets Decided in Court

Judges handle the rulings that structure a case: release conditions, whether evidence can be used, and whether a plea deal is approved. They do not investigate or choose the charges. Instead, they rule on the evidence and arguments that the prosecution and defense bring before them.

At the arraignment, the judge informs you of the charges and takes your plea. Most people plead not guilty at this point, which is routine and simply keeps every option open while evidence is reviewed. Having a lawyer who regularly handles criminal defense cases in Glendale helps, since familiarity with the local court and its routines makes this stage far less stressful.

Why the Same Arrest Can Lead to Very Different Outcomes

Two people can be arrested for the same offense in the same neighborhood on the same night and walk away with completely different results. The difference rarely comes down to guilt or innocence alone.

Prior record is one factor. A first offense is treated very differently from a case that follows an earlier conviction or an open probation. The strength of the evidence matters too. Clear video, a cooperative witness, and a lawful stop make a case solid, while a hesitant witness or a questionable search makes the same charge hard to prove.

Circumstances count as well. Whether anyone was hurt, whether there was property damage, and how you behaved when police arrived all affect how a prosecutor reads the file. Employment, family responsibilities, and steps already taken, such as counseling or restitution, give the prosecutor reasons to consider a lighter result.

Finally, the quality of the early defense work plays a part. Individuals who bring documentation and context before charges are filed often get a different offer than individuals who wait and react to whatever is filed.

Where the Power to Change Your Case Actually Lies

The first is the pre-filing stage, when an attorney can speak with the prosecutor and provide information the report left out. The second is discovery, the formal exchange of evidence. Under California Penal Code 1054.1, the prosecution must give the defense certain materials, including statements and reports. That exchange is why reviewing body camera footage, dispatch records, and witness statements often reveals problems that were invisible at the time of arrest.

The third is motion practice. A motion to suppress asks the judge to exclude evidence gathered through an unlawful stop or search, and when the evidence is central, a successful motion can end the case. Even when a motion is not granted, the possibility of one shapes how a prosecutor values the case during negotiations.

What Glendale Prosecutors Look for Before Offering a Deal

Prosecutors want to know whether they can prove the case. If the evidence has weaknesses, they are often open to reducing the charge, because a reliable conviction on a lesser offense is better than a risky trial on a greater one. They also look at risk: whether the defendant is likely to reoffend and whether anyone was harmed.

Positive steps carry weight. Completing a class, paying restitution, enrolling in treatment, or documenting steady work can all move an offer, particularly for first-time defendants. Some cases qualify for diversion, and starting a program early can strengthen your position. For many misdemeanors, a judge can grant diversion even if the prosecutor objects.

Before accepting any offer, it is worth understanding what you are agreeing to. The choice between no contest and guilty pleas can look like a technicality, yet it can matter for civil lawsuits that follow the criminal case.

How Long Any of This Actually Takes

The timeline depends heavily on the charge. A straightforward misdemeanor can resolve in a few weeks if the facts are not disputed and an agreement is reached. A contested misdemeanor, with motions and a possible trial date, often takes several months.

Felonies move more slowly. After arraignment, the case typically proceeds to a preliminary hearing, where a judge decides whether there is enough evidence to continue. Felony cases often take six months to a year, and sometimes longer, especially when there are serious motions or multiple defendants. Many defendants also waive their speedy trial deadlines to give their attorney time to prepare, which extends the timeline further. The answer to how long it takes to get to court after being charged varies for exactly these reasons, so any estimate should be treated as a range. 

Delays are not always bad. Time allows records to be gathered, evidence to be examined, and a defendant to complete steps that improve the position. What matters is that the time is used, not simply waited out.

Frequently Asked Questions

Can I talk my way out of a charge at the scene?

Almost never. Explaining yourself to the arresting officer rarely changes the decision to arrest, and the statements you make can become part of the evidence. If you are driving, you must show your license, and you should never give a false name. Beyond that, you can politely decline to answer questions and ask to speak with an attorney.

Does the officer decide if I’m charged?

No. The officer arrests and writes the report, and the prosecutor decides whether to file charges and which ones. That is why the arrest is not the end of the story, and why the period before filing can be valuable.

What if the DA never files anything?

It happens, but don’t assume it. The Los Angeles County District Attorney’s Office, which handles Glendale cases, generally has one year to file most misdemeanors and three years for most felonies, longer for serious offenses. A quiet case may simply be awaiting review, so have an attorney check its status rather than hoping it disappears.

Arrested in Glendale? Speak With a Defense Attorney

The decisions that shape a case begin immediately: how you respond to police, what evidence is preserved, and who speaks to the prosecutor first. Waiting to see what happens usually means giving up the period when you have the most influence.

If you have been arrested in Glendale, contact Manshoory Law Group for a free case analysis at (877) 977-7750. Available 24/7.

What’s the Difference Between 1st, 2nd, and 3rd-Degree Murder?

California recognizes only two degrees of murder: first degree and second degree. There is no third-degree murder in California, even though the term comes up often in news coverage and TV dramas. Third-degree murder exists in only three states: Florida, Pennsylvania, and Minnesota.

This guide explains how California defines each degree of murder, the penalties under the California Penal Code, how killings that fall short of murder are charged as manslaughter, and how prosecutors build these cases from arrest to verdict. If you or a family member is already facing charges, our murder defense attorneys can review your case.

How California Defines Murder

Under Penal Code 187, murder is the unlawful killing of a human being, or a fetus, with malice aforethought. Malice aforethought is the element that separates murder from manslaughter and from legally justified killings, such as those made in self-defense.

Penal Code 188 recognizes two kinds of malice:

• Express malice: the person intended to kill.
• Implied malice: the person deliberately did something dangerous to human life, knew it was dangerous, and acted with conscious disregard for life.

Malice does not require hatred, ill will, or planning. Planning is what raises a murder to first degree. For a broader look at how these terms fit together, see our guide to murder vs. homicide vs. manslaughter.

First-Degree Murder in California

Penal Code 189 makes a murder first degree in three main ways.

1. A willful, deliberate, and premeditated killing. The person intended to kill and weighed that decision before acting. Premeditation does not require a long period of time. A cold, calculated decision can be made quickly, while a rash, impulsive act is not premeditated no matter how long it took.

2. A killing by a listed method. A murder is automatically first degree if it was committed by:

• a destructive device or explosive
• a weapon of mass destruction
• ammunition designed mainly to penetrate metal or armor
• poison
• lying in wait
• torture
• intentionally shooting from a motor vehicle at a person outside it, with intent to kill

3. Felony murder. A killing during certain felonies, or attempts at them, is first-degree murder. The listed felonies include arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, torture, and several sex offenses.

Since 2019, Senate Bill 1437 has limited who can be convicted of felony murder. A participant who did not personally kill can be convicted only if they:

• intended to kill and helped the actual killer, or
• were a major participant in the felony and acted with reckless indifference to human life, or
• took part in a felony where the victim was a peace officer on duty, and they knew or reasonably should have known it.

Our article on rethinking California’s felony murder rule covers the background to this reform.

First-Degree Murder Penalties

The standard sentence for first-degree murder is 25 years to life in state prison under Penal Code 190. The person must serve at least 25 years before becoming eligible for parole, and release is never guaranteed.

The sentence becomes life without the possibility of parole (LWOP) or death if prosecutors prove a “special circumstance” under Penal Code 190.2. Common special circumstances include:

• murder for financial gain
• multiple murders, or a prior murder conviction
• killing a peace officer, firefighter, judge, prosecutor, juror, or witness in specified situations
• murder by lying in wait or involving torture
• murder during a listed felony, such as robbery, kidnapping, rape, carjacking, or burglary
• an intentional killing by an active gang member to further the gang’s activities

Sentence enhancements can add more time. Personally firing a gun and causing death adds 25 years to life under Penal Code 12022.53(d). A prior serious or violent felony can double the base term under the Three Strikes law. Defendants who were under 18 at the time of the crime cannot be sentenced to death.

Does California Still Have the Death Penalty?

Yes, on paper. Death is still a legal sentence, and prosecutors can still seek it. However, Governor Newsom’s March 2019 executive order placed a moratorium on executions, and California has not executed anyone since 2006. At least 25 people have received death sentences since the moratorium took effect (CalMatters).

As of October 2026, about 560 people remain on death row. Newsom is reportedly considering commuting all of those sentences before he leaves office in January 2027, though his office says no decision has been made. For more background, read our guide to the death penalty in California.

Second-Degree Murder in California

Any murder that does not qualify as first degree is second-degree murder. In practice, that usually means one of two things: an intentional killing without premeditation, or a killing with implied malice.

Examples of conduct that can lead to a second-degree murder charge:

• A sudden argument escalates and one person intentionally kills the other, without planning but also without enough provocation to reduce the charge to manslaughter.
• Someone fires a gun into an occupied home or a crowd, knowing the danger, and a person dies.
• A driver with a prior DUI conviction, who was formally warned that drunk driving can kill, drives impaired and causes a fatal crash. This is known as a “Watson murder” (see our page on DUI causing death).
• A person delivers a severe beating, aware it could be fatal, and the victim dies.

Older articles sometimes describe “second-degree felony murder.” That theory no longer applies in California. Since SB 1437, malice cannot be imputed to someone based only on their participation in a crime, so prosecutors must prove express or implied malice to get a second-degree murder conviction.

Second-Degree Murder Penalties

The standard sentence for second-degree murder is 15 years to life in state prison under Penal Code 190. Certain facts increase it:

The same firearm enhancement that applies to first-degree murder can add 25 years to life, which is why a second-degree murder with a gun often results in 40 years to life.

Because these are life terms, release depends on a parole board finding the person suitable. Murder also has no statute of limitations in California under Penal Code 799, so charges can be filed decades later.

Is There Third-Degree Murder in California?

No. California law has only first- and second-degree murder. “Capital murder” is not a separate degree either; it is first-degree murder with a special circumstance that makes the defendant eligible for death or life without parole.

Third-degree murder exists in only three states, and each defines it differently:

In California, conduct that would be third-degree murder in those states is usually charged as second-degree murder based on implied malice, or as manslaughter, depending on the facts.

Murder vs. Manslaughter in California

Manslaughter is an unlawful killing without malice, defined in Penal Code 192. It is the lowest level of criminal homicide in California and carries far shorter, fixed prison terms than murder.

Juries in murder trials are often instructed on manslaughter as a lesser offense. That means a well-built defense can turn a murder charge into a manslaughter conviction, or an acquittal.

How Murder Cases Are Prosecuted in California

Murder cases follow the same basic stages of a criminal case as other felonies, with higher stakes at every step.

1. Investigation and arrest. Homicide detectives collect physical evidence, DNA, phone and video records, and witness statements. Anything a suspect says can be used later, which is why it matters to know your rights during an interrogation.
2. Charging. The district attorney files a felony complaint. Murder is usually charged under Penal Code 187, and the jury decides the degree at trial. The DA also decides whether to allege special circumstances or sentence enhancements, and whether to seek the death penalty.
3. Arraignment and bail. The defendant enters a plea. Bail in murder cases is often set very high or denied, and capital cases are not bailable when the evidence of guilt is strong.
4. Preliminary hearing. A judge decides whether there is enough evidence to hold the defendant for trial. If the evidence is weak, the defense can file a 995 motion to dismiss.
5. Discovery and pretrial motions. Both sides exchange evidence through discovery. Prosecutors must disclose evidence favorable to the defense, and failing to do so is a Brady violation.
6. Trial. A jury of 12 must agree unanimously that guilt was proven beyond a reasonable doubt. Under CALCRIM 521, if jurors have a reasonable doubt about whether a murder was first or second degree, they must find it second degree.
7. Penalty phase (capital cases only). If a special circumstance is found in a death penalty case, the same jury hears more evidence and decides between death and life without parole.
8. Sentencing and appeal. After sentencing, the defense can appeal the conviction.

How Prosecutors Prove Premeditation

Prosecutors rarely have direct proof of what someone was thinking. Instead, they build a case from circumstantial evidence in three main categories:

• Planning: buying a weapon, scouting a location, or luring the victim
• Motive: a prior relationship, debt, or conflict that explains why the person would want the victim dead
• Manner of killing: a method so specific or deliberate that it suggests a preconceived plan

The defense often challenges these facts to reduce first degree to second degree, or murder to manslaughter. Common defenses include self-defense, mistaken identity, lack of intent, heat of passion, and in rare cases not guilty by reason of insanity.

Juvenile Cases

Under Proposition 57, prosecutors cannot file charges against a minor directly in adult court. A juvenile court judge must hold a hearing and decide whether to transfer the case.

Resentencing Under SB 1437 and Penal Code 1172.6

People convicted of murder under old felony-murder rules may be able to get their conviction vacated or their sentence reduced. When SB 1437 took effect on January 1, 2019, it created a petition process now found in Penal Code 1172.6 (originally numbered 1170.95).

A petition may succeed if the person was convicted under the felony-murder rule or the “natural and probable consequences” doctrine and could not be convicted of murder under the law as it stands today. A later law, SB 775, extended this relief to certain attempted murder and manslaughter convictions.

If the petition shows a valid claim, the court holds a hearing where the prosecution must prove beyond a reasonable doubt that the person is guilty under current law. If prosecutors cannot meet that burden, the murder conviction is vacated and the person is resentenced on the remaining charges.

These petitions are technical and depend on the trial record, so it is worth having an experienced attorney review the case before filing.

California Homicide Charges Compared (Plus Third-Degree Murder in Other States)

Frequently Asked Questions

Does California have third-degree murder?

No. California only has first-degree and second-degree murder. Third-degree murder exists only in Florida, Pennsylvania, and Minnesota, and many people hear the term in news coverage from those states, which is why it is a common misconception. In California, similar conduct is usually charged as second-degree murder or manslaughter, depending on whether the prosecution can prove malice.

What is the minimum sentence for first-degree murder in California?

The standard sentence is 25 years to life, meaning at least 25 years in prison before parole eligibility. Parole is never guaranteed, since the parole board decides whether a person is suitable for release. Enhancements, such as personally firing a gun, can add more years to the minimum. If a special circumstance is proven, the only possible sentences are life without parole or death.

How much prison time is second-degree murder in California?

The standard sentence is 15 years to life. It can rise to 20 or 25 years to life, or life without parole, depending on the facts, such as a shooting from a vehicle or a peace officer victim. Gun enhancements can add another 25 years to life, so a second-degree murder involving a firearm often results in 40 years to life. As with first-degree murder, release after the minimum term depends on the parole board.

What is the difference between murder and manslaughter?

The difference is malice. Murder requires malice, either an intent to kill or a conscious disregard for life. Manslaughter is an unlawful killing without malice, such as a killing in the heat of passion or through criminal negligence, and it carries fixed prison terms instead of life sentences. That is why the same death can lead to very different outcomes depending on the person’s state of mind.

Can a murder charge be reduced to manslaughter?

Yes. It can happen through a plea agreement, or a jury can convict on manslaughter as a lesser offense. This usually depends on evidence of provocation, heat of passion, imperfect self-defense, or a lack of intent to kill. The reduction makes a major difference, since voluntary manslaughter carries a maximum of 11 years instead of a life sentence.

Can you be convicted of murder if you didn’t kill anyone?

Only in limited situations. Since SB 1437, a person who did not kill can be convicted of murder only if they intended to kill and helped the killer, or were a major participant in a dangerous felony and acted with reckless indifference to human life. People convicted under the older, broader rules may be able to petition for resentencing under Penal Code 1172.6.

Facing a Murder Charge in California?

The difference between first-degree murder, second-degree murder, and manslaughter can mean the difference between life in prison and a fixed term with a release date. Those lines are drawn from evidence about intent, planning, and circumstances, which is exactly where a strong defense focuses.

If you or a loved one is under investigation or has been charged, talk to a murder defense lawyer as early as possible. Contact us for a free, confidential consultation.

This article is for general information only and is not legal advice. Laws and their application change, so speak with a licensed California attorney about your specific situation.