Criminal Law Blog

What is Employee Theft and What to Do if Accused of Stealing at Work

Employee theft is when a member of staff steals, uses, or misuses company property without the express permission of their employer. Besides cash, employee theft can cover the stealing or misusing of supplies, products, personal data, or time. Employee theft applies to misuse of time if you are accused of altering timekeeping records to receive pay for hours you did not work.

What Is Employee Theft? Is Employee Theft a Fraud?

Employee theft is a crime where the employee commits an offense by stealing property, money, or resources from their employer. This can involve stealing cash, inventory, supplies, or even time by falsifying work hours or productivity. Misappropriation may include breaches of confidential information or any form of intellectual property. Employee theft is viewed as a serious offense and hence grounds for job termination, criminal charges, and financial losses to the business.

Some forms of employee theft are considered fraud. These include embezzlement, billing payroll and expense schemes, time theft, and supplying proprietary information to competitors.

What is the Punishment for Employee Theft?

If you are convicted of employee theft charges, at a minimum you will be expected to pay back the value of what you were accused of stealing at work. There will also be further penalties depending on the value of the stolen assets.

If the theft is valued at $1000 or less then the crime will usually be classed as petty theft. This is a misdemeanor crime punished with a small fine and jail time of up to a year. Larger sums are classed as grand theft, which is a felony that comes with more prison time and a larger fine. Serious grand theft felonies can result in a sentence of 20 years or more, but this would be very unusual for an employee theft case.

What Does Accused of Stealing Time at Work Mean?

Being accused of stealing time at work means an employer believes you have been paid for hours you didn’t actually work. This could involve clocking in early, leaving late, taking extended breaks, or falsifying work hours. Time theft is considered a serious offense, as it impacts company productivity and finances. If accused of stealing time at work, it’s important to review your time records and understand the company’s policies. In some cases, it may lead to disciplinary action, termination, or legal consequences.

In California, stealing time at work—often referred to as “time theft” ^[1]—can lead to various consequences depending on the severity of the offense and the employer’s policies. Some common punishments include:

• Disciplinary Actions: Verbal or written warnings are common initial steps.
• Termination: Employers may fire the employee for violating company policies.
• Wage Deductions: Employers might adjust or withhold pay for unworked hours.
• Legal Consequences: In severe cases involving fraud, employees could face civil lawsuits or even criminal charges for theft or fraud.

Employees accused of time theft should review their rights under California’s labor laws^[2], as wage deductions and penalties must comply with state regulations.

Consulting with a skilled attorney can help you understand your rights and how to handle the accusation properly.

The Impact of False Accusations in the Workplace

Being falsely accused of stealing at work can create a lot of tension in your workplace. You can face a lot of stress^[3]from the threat of losing your job or your reputation, as well as the possibility of police involvement. Furthermore, your every move will be scrutinized, which is why it is vital to get expert advice from a criminal defense lawyer as soon as you are accused.

How to Respond to False Accusations at Work?

• Firstly, stay calm. Being falsely accused of stealing at work can be very stressful, but any angry or erratic behavior is not going to help your case. Everything you do at work could be brought up later, so try to carry on as normal.
• Secondly, cooperate with the investigation. The investigation will continue whether you are present or not, so it is better to have the chance to give your side of the story.
• At the same time, you should also seek legal advice. This will help you understand your rights during the investigation, what to expect from the process, and how best to defend yourself in your particular situation. Defending against false accusations at work can be a complex process.

A theft crime attorney can help guide you through what to do if accused of stealing at work.

Can I Sue My Employer for False Accusations?

If an employer makes a false accusation of theft, this could damage your reputation, and you can sue them for defamation of character. There are a few basic requirements for defamation of character suit^[4].

• Your employer must have made a false statement about you, and they must have published that statement. In other words, a third party who was not you or your employer must have seen or heard the false statement.
• You must be able to prove your employer made an untrue statement of fact, rather than expressing an opinion, and that they did so knowing their statement was untrue. For example, if an employer said they don’t think you care about your job, they could defend this as a statement of opinion. If they said you are incapable of performing your job, they would need to be able to prove that you are truly unable to do your job, or they have knowingly made a false accusation at work.
• The false accusation of theft your employer made must have caused injury to you, for example, the damage to your reputation made it difficult to get a new job.
• Finally, the statement your employer made must not be privileged. Privileged statements such as trial and deposition testimony are protected from defamation of character suits. In some states, statements made in references between employers are considered protected statements as long as it was not made with malice.

Should You Sue A Company For Defamation of Employment Law?

If the requirements for a defamation suit are all true, you should consider suing for defamation. Doing so will not only help you recover from the financial impact of the accusation but also clear your name of wrongdoing and enable you to move on.

How to Handle False Accusations At Work

If you have been falsely accused of employee theft, stay calm, cooperate, and get expert legal advice to help you defend against false accusations^[5]. False accusations can impact your career for years and clearing your name is important when you have a case for defamation of character.

References

1. Wong, B., JD. (2024, June 15). What is time theft & how can you prevent it? Forbes Advisor. https://www.forbes.com/advisor/business/time-theft/

2. Dir, & California, S. O. (n.d.). New labor laws in California. https://www.dir.ca.gov/dlse/Garment/New-Labor-Laws-in-California.html

3. Coping with stress at work. (2018, October 14). https://www.apa.org. https://www.apa.org/topics/healthy-workplaces/work-stress

4. Goguen, D. (2023, August 7). Starting a defamation of character lawsuit. www.alllaw.com. https://www.alllaw.com/articles/nolo/civil-litigation/starting-defamation-character-lawsuit.html

5. Manshoory, S. (2024, September 21). How to defend yourself against false accusations | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/defending-against-false-accusations/

What is an Assault Weapon and What is the California Assault Weapons Ban?

The term assault weapon was coined to define a class of weapons designed for rapid-fire capabilities and with features enhancing their lethality. Examples are semiautomatic rifles and shotguns that can accept detachable magazines, pistol grips, folding stocks, and flash suppressors.

According to the U.S. Department of Justice^[1], the classification of an assault weapon varies by jurisdiction, meaning that owning or using such weapons may have serious legal implications. The term “assault weapon” often carries emotional weight in discussions surrounding gun control, public safety, and mass shootings.

A Brief History of Assault Weapons Legislation

Legislation concerning assault weapons in the United States of America has dramatically changed over the past two decades. President Bill Clinton enacted the Federal Assault Weapons Ban in 1994 ^[2], outlawing the manufacture and sale of specific semiautomatic rifles and large-capacity ammunition magazines.

This ban was allowed to lapse in 2004, so the same arms began flourishing in the country again. California has been leading the charge in assault weapon regulation, as this state was the very first to enact an assault weapons law in 1989 straight in response to renewed concerns over gun violence and mass shootings.

Early legislation set the precedent for other states by establishing the California precedent of being committed to regulating gun violence through rules ^[3]. It could continue to evolve on assault weapon laws and become a pioneer in firearm regulations. The trend of more frequent mass casualty events has urged the rest of the nation to tighten control over guns, which is a very timely advance on California’s part.

California Law on Assault Weapons

Under California law, an assault weapon is defined by certain models ^[4] as well as general characteristics that distinguish it from other firearms. The California Assault Weapons Control Act classifies firearms into three principal groups ^[5], namely:

• Category One: Specific Models Listed by Name – For Instance, the Familiar-Looking Firearms Like AK-47 and Colt AR-15.
• Category Two: Variants of banned models that have slight differences but still share similar features.
• Category Three: Firearms with military-style features such as detachable magazines, pistol grips, and flash suppressors.

Another way is through California’s restriction on the sale of large-capacity magazines that hold more than ten rounds. This is to limit access to dangerous guns. This legislation is based on public safety because of possible use in a mass shooting or other violent act.

The California Assault Weapons Ban Explained

The California Assault Weapons Ban was enacted in 1989 ^[6]. However, it has been modified several times since its enactment and reduces gun violence by prohibiting access to firearms that are classified as assault weapons. The major provisions include:

• Comprehensive list of prohibited firearm models.
• Prohibition of features that characterize a firearm as an assault weapon.
• Registration of existing assault weapons.

Recent updates have made laws relating to the modification that may make previously legal firearms become definition assault firearms tighter. Research works reveal that although the California law has not eradicated gun violence, it may have played a role in having fewer incidences of mass shootings than other states without similar laws. For example, research proves that states with stringent gun-control measures often have fewer cases of catastrophic events.

In addition to this, California’s system has been criticized through several judicial means, making it a topic of controversy regarding whether it is effective and constitutional. The policy still faces criticism through the crime rate analyses by various researchers and policymakers.

Assault Weapon Ban: Compliance and Legal Challenges

California Assault Weapons Ban mandates that the owners of rifles who possess California-assigned assault weapons register those weapons with the California Department of Justice during the prescribed times. Failure to comply with this procedure gives rise to punitive actions, which may extend to firearm confiscation.

Legal hurdles over the ban have been high and relentless. Through various court decisions, the constitutionality of California’s bans has been established, yet numerous federal judges, based on their reading of the Second Amendment, have arrived at a verdict that these bans are unconstitutional. A recent landmark ruling by the Ninth Circuit Court of Appeals ^[7] reinstated California’s assault weapons ban and underlined the importance of such a ban for ensuring public safety.

One of the basic tensions that appears in current court battles is between gun rights enthusiasts and stricter gun control advocates. While courts continue to appraise the constitutionality of such laws, future decisions would heavily weigh on the regulation of firearms by states in America. Most importantly, the assault weapons ban cases pending before the Supreme Court are especially significant because they may set precedents affecting not only California but the general policies regarding regulation by the rest of the country as well.

The California Assault Weapons Ban is, on its own, one of the most important pieces in the overall strategy of California dealing with gun violence and escalating public safety. Its existence is a testament to the decision to regulate firearms perceived as particularly dangerous, and hence, it continues to receive constant legal scrutiny. Those people in need of guidance on compliance with this legislation or, on the other hand, those who face legal challenges on assault weapons are advised to consult the services of competent defense attorneys practicing firearm law.

Individuals seeking legal advice or guidance regarding compliance with the California Assault Weapons Ban or other related matters may wish to consult experienced attorneys who are knowledgeable regarding the federal and state laws dealing with firearms in California. Our attorneys at Manshoory Law can shed light on this area of law and provide the defense you need for your case.

Resources:

1. 1. Koper, C. S., Woods, D. J., & Roth, J. A. (2004). An Updated Assessment of the Federal Assault Weapons Ban: Impacts on Gun Markets and Gun Violence, 1994-2003. Report for the National Institute of Justice, United States Department of Justice. NCJ 204431. https://www.ojp.gov/pdffiles1/nij/grants/204431.pdf.
   2. Keneally, M. (2019, September 13). Understanding the 1994 assault weapons ban and why it ended. ABC News. https://abcnews.go.com/US/understanding-1994-assault-weapons-ban-ended/story?id=65546858
   3. Manshoory, S. (2021, May 28). Why are California Gun Laws So Strict. Manshoory Law Group, APC. https://manshoorylaw.com/blog/how-strict-are-california-gun-laws-compared-to-the-rest-of-the-nation/
   4. Assault weapon characteristics. (2024, July 22). State of California – Department of Justice – Office of the Attorney General. https://oag.ca.gov/firearms/regs/genchar2
   5. Assault Weapons Laws (California and federal law). (2022, September 21). State of California – Department of Justice – Office of the Attorney General. https://oag.ca.gov/ogvp/fed-assault-weapons-ban
   6. California Department of Justice. (2001). Assault Weapons Identification Guide: As Listed or Described in Penal Code Sections 12276, 12276.1, and 12276.5 (3rd ed.). Office of the Attorney General. Retrieved from https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/aws-guide.pdf.
   7. 9th Circuit reinstates California ban on guns in public places. (n.d.). California Courts Newsroom. https://newsroom.courts.ca.gov/news/9th-circuit-reinstates-california-ban-guns-public-places

What are False Accusations? Can You Go to Jail for False Accusations?

False accusations can have devastating consequences, both for the accused and the accuser. Innocent people can find themselves facing criminal charges, a tarnished reputation, and even time behind bars, all based on a false claim. On the other hand, those who deliberately make false accusations may face severe penalties, including criminal charges and civil lawsuits.

But can you go to jail for false accusations? In this article, we’ll explore what constitutes a false accusation, why individuals are sometimes wrongfully accused, and the legal consequences of making false allegations.

What is a False Accusation and Why People Get Falsely Accused?

False allegations are claims of wrongdoing that are factually unsupported or untrue. These are also known as false reports or false claims.

Before we discuss the penalty for making false accusations, it is essential to look at why people are falsely accused, as only some of these come with a criminal charge. Below are a few reasons why people are sometimes wrongly accused:

• Misrecollection – Where an accuser incorrectly recalls the details of a crime
• Mistaken identity – Where an accuser mistakenly identifies the incorrect person as having committed a crime.
• Misleading forensic evidence – Where experts exaggerate statistical claims, for instance, DNA or hair analysis or forensic evidence ^[1] is tampered with, compromised, or misread.
• Malicious false accusations – Where an accuser intentionally provides police officers with an incorrect statement about an individual committing an offense
• Official misconduct – When law enforcement officials or prosecutors commit an act of misconduct or abuse of power when charging an individual for a crime or by asking leading questions that coerce a detainee into having false recollections of an event.

Giving a False Report to a Police Officer

A person can be charged with a crime for intentionally giving the police false information ^[2] in connection with a traffic stop while the officer is performing his/her duties. Possible violations include any of the following:

• providing a false answer
• presenting false insurance documents
• offering a false vehicle registration
• or giving the officer a borrowed or fake driver’s license

A conviction for giving false information would be a misdemeanor with up to six months in jail, a $1,000 fine, or both. However, if the false information was offered in an effort to evade arrest, additional felony charges could be possible ^[3] .

What to Do If You Are Falsely Accused of a Crime?

If you are falsely accused of a crime, you will most likely have criminal charges brought against you. In this case, there are several things to do and ways to handle the situation:

• Realize the severity of the situation – Gain an understanding of the severity of the allegations and take the charges seriously.
• Hire an experienced criminal defense attorney – Do not attempt to remedy the situation alone. Instead, remain silent and hire the best criminal defense attorney ^[4] to guide you through the process, give you legal advice, and protect your rights.
• Conduct a pre-file investigation – Before charges are filed, your attorney will gather evidence favorable to the accused and investigate the allegations further. Doing this is an effective strategy to convince the District Attorney (DA) to drop any charges should the investigation bring to light the charges brought are false.
• Undermine the accuser’s credibility – By impeaching an accuser, your criminal defense attorney will ask the witness questions that undermine their reputation for truthfulness, casting doubt about whether what they claim they witnessed is, in fact, true.
• File a civil suit or malicious prosecution claim – Here, the falsely accused brings a civil lawsuit against the individual who wrongfully accused them and seeks compensation for damages.
• Private Polygraph – Taking a private polygraph to prove your innocence is another way to boost your defense and sway prosecutors into dropping the charges and prevent you from getting a criminal record.

What Are the Penalties for Making False Accusations?

So, what is the punishment for a false accusation, and is making false accusations a crime? Yes. In California, making false accusations is a crime and can lead to serious legal consequences. Under Penal Code Section 148.5^[5] , it is a misdemeanor to falsely report a crime to law enforcement.

And if you’re wondering whether you can go to jail for making false accusations, the answer is yes. If convicted, penalties for false accusations could result in fines of up to $1,000, up to six months in county jail, or both.

Additionally, individuals may face civil lawsuits for defamation or malicious prosecution if the false accusations harm another person’s reputation or lead to wrongful legal actions.

Can You Press Charges Against Someone for Making False Accusations?

Can false accusations get you arrested? Yes. Further, you can press charges against an individual who wrongfully accused you^[6] by bringing a civil lawsuit against them. However, you must show that the defendant filed a frivolous claim against you, that they caused damages due to their false claim, and that they filed their lawsuit for another purpose, like harassment.

Hire a Criminal Defense Lawyer in California to Defend Yourself Against False Accusations

Because you can go to jail for false accusations and just as easily have false allegations filed against you, having a criminal defense attorney is one of the main defenses against false accusations^[7] . Contact us at Manshoory Law if you have questions about false reports or find yourself being wrongfully accused – we are here to help.

References

What Is Corporal Injury? Everything You Need To Know

Imagine you are at home enjoying a quiet evening with your partner. Suddenly, an argument erupts. You fall over in a fight, and in the course of the exchange, your partner deliberately shoves you. The shock of the impact leaves you with an ache of pain in your arm, a bruised hip, and a sense of being physically and emotionally violated.

This scenario, of a current or former intimate partner’s intentionally causing physical injury, whether temporary or lasting, falls under California Penal Code 273.5. This code recognizes the gravity of domestic violence and is designed to safeguard people from such destructive conduct. Beyond being a mere physical injury, it represents a violation that carries the possibility of legal ramifications.

Understanding the complex legal terminology concerning physical harm can be akin to maneuvering through an intricate maze of laws. This all-inclusive handbook strives to clarify the concept, examine the legal structure of California Penal Code Section 273.5, and provide vital insights, particularly in situations where one may be confronted with such allegations.

What is Corporal Injury? Legal Definition

It can be confusing to understand what is corporal injury. From a legal standpoint, however, it encompasses any physical damage caused to another individual through the application of force. Consider lacerations, broken bones, strained ligaments, and internal trauma – essentially, any bodily harm caused by illicit force.

Nonetheless, it is crucial to distinguish corporal injury from its adjacent legal concepts:

• Assault refers^[1] to the emphasis on the potential for causing harm, rather than solely on the actual act. For instance, if an individual raises a threatening fist, it is deemed assault, even if no physical contact is made, including assault with a deadly weapon.
• Battery refers to the illicit physical contact with another individual, regardless of its minimal nature. This encompasses actions such as pushing, striking, or even disturbingly touching someone’s hair without their consent.

The main differentiation lies in the amalgamation of illegal force and subsequent physical damage. The act of forcefully pushing someone^[2], causing them to fall and scrape their knee, would be classified as a corporal injury, whereas a push that merely disrupts their balance would not meet the criteria.

Legal Framework Surrounding Corporal Injury in California

In regards to corporal injury, California employs a well-balanced strategy, especially in cases involving domestic battery. PC 273.5^[3] specifically targets this matter, introducing an additional dimension to the legal structure.

• Categorization: In contrast to certain jurisdictions, California organizes corporal injury by considering the level of harm and the surrounding conditions. A minor bruise devoid of any long-term consequences could be classified as a misdemeanor, whereas a fractured bone or internal injury may elevate it to a felony.
• Burden of Proof: The requirement for the prosecution to establish is not that the victim experienced apprehension of force, but rather to show that force was indeed employed and resulted in physical injury. Consequently, this transfers the responsibility of proving innocence, underscoring the importance of comprehending one’s legal entitlements and plausible defense tactics.

Consequences and Legal Penalties for Corporal Injury to Spouse

Corporal injury to a spouse, which means inflicting physical harm upon a spouse or intimate partner, results in substantial legal and personal repercussions.

• Legal ramifications: The possible outcomes of corporal injury to a spouse have significant scope, especially if the physical injury resulted in a traumatic condition. Monetary fines can span from several hundred to several thousand dollars, accompanied by varying prison terms that range from months to years, contingent on the gravity of the situation. Additional legal consequences may include probation, a protective order for domestic violence offenses, and mandatory counseling, further compounding the repercussions.
• Long-Term Consequences: The repercussions extend beyond just legal ramifications in a domestic violence case^[4]. Having a criminal history or prior convictions can have enduring implications, impacting prospects for future employment^[5], choices in housing, and even custody battles concerning children. The emotional distress and societal disapproval of such charges may persist long after the legal process ends.

Defending Against Corporal Injury Charges – PC 273.5

If you are confronted with allegations under PC 273.5, it is important to understand that there are various defense options available to you. Presented below are a few potential tactics that can be considered:

• Self-defense: In matters of self-defense^[6], employing force to protect oneself or others can potentially serve as a legitimate defense. Nevertheless, the responsibility rests upon you to substantiate that it was a justifiable reaction to the imminent danger.
• Unintentional incident: Establishing the absence of intent through reliable evidence is essential in determining the integrity of the injury. It’s important to note that the lack of intention does not automatically absolve one from responsibility for causing harm.
• Insufficient evidence: When the prosecution’s case lacks substantial proof, whether in the form of physical force evidence or witness statements, it can undermine their argument. Seeking guidance from legal counsel can assist in uncovering inconsistencies and constructing a robust defense grounded in factual substantiation.
• Witness testimonies: Collecting witness testimonies can be of immense value, as they have the potential to validate your account of the events and provide insights into the context surrounding the incident.

Nevertheless, it is imperative to obtain legal advice from a reputable Los Angeles Criminal Defense Attorney. These professionals possess the necessary knowledge, tools, and practical understanding to maneuver the complexities of legal regulations, gather evidence, construct a robust defense plan, and advocate for your interests proficiently in the courtroom.

To Conclude: Seeking assistance and acquiring information

Having a grasp of what is corporal injury provides you with information, however, it is important to note that this manual cannot serve as a substitute for individualized legal counsel. Each case has its own distinct characteristics, and seeking guidance from a qualified lawyer is crucial in order to receive customized advice and ensure effective legal advocacy.

If you or an acquaintance are confronted with accusations, including false accusations pertaining to physical harm, feel free to contact us to promptly seek assistance from a legal professional.

References

1. Manshoory, S. (2023, September 20). What is the difference between assault & aggravated assault | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/what-is-the-difference-between-a-simple-assault-and-an-aggravated-assault-in-california/
2. 1610. Assault — 18 U.S.C. 351(e). (2020, January 17). https://www.justice.gov/archives/jm/criminal-resource-manual-1610-assault-18-usc-351e
3. Law section. (n.d.). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=273.5
4. Manshoory, S. (2023, September 20). What are the Consequences of Domestic Violence? | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/the-unintended-consequences-of-domestic-violence-laws/
5. Manshoory, S. (2023, September 20). Can you lose your job after domestic Violence charge | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/you-could-lose-your-job-after-a-california-domestic-violence-charge/
6. Manshoory, S. (2023, September 20). CA Self-Defense Laws | Legal Definition of Self-Defense | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/california-self-defense-law-legal-definition/

Robbery Vs Theft: What is the Difference?

Although the terms robbery and theft are interchangeable in common language, they are two different types of criminal activities in law. Both of these acts involve taking someone else’s property without their consent. The difference in this case is that one consists of using force or threat and having a victim present during the crime being committed.

These are important distinctions to make for professionals in the legal field and the public simply because these crimes will be handled differently when it comes time to report, prosecute, and punish them.

In this blog, we will explain the elements of robbery vs theft, explain their legal consequences, and define the difference between burglar and robber.

Theft Defined

Theft, in law, is a general term covering a variety of specific types of stealing including the crimes of larceny^[1], robbery, and burglary.

In legal terms, theft is when someone takes something that doesn’t belong to them without the owner’s permission and with the intention of keeping it permanently. 

The thief doesn’t have to want to keep the stolen property for themselves; intending to sell, destroy, or abandon it where it won’t be found is enough.

For instance, when a car is stolen, it’s often sold or dismantled for parts. Sometimes, the intention to temporarily deprive the owner of the property is also enough, like when a car is stolen for a joyride and then abandoned where the owner can find it.

Key Elements of Theft:

As per Section 1 of the Theft Act 1968, the legal definition of theft is^[2] – a person commits theft if he intentionally/ dishonestly appropriates property that belongs to another person. This definition can consist of the following types of theft:

• Dishonesty: The essential requirement for theft is that the person must have acted dishonestly. This implies that they must have been aware that taking the property was wrong and that they did it to keep it for themselves. 

Additionally, the property must have been taken without the owner’s consent. In other words, if the owner gave permission for the property to be taken, it cannot be considered theft.

• Taking: The next requirement is that the individual must have taken possession of the property. This contains physical taking as well as situations where the person has control over the property, such as in cases involving fraud or deception.
• Property: The property that is taken must belong to another person. This can involve any type of property whether it is commercial or residential including money, goods, and even pets. 
• Intent To Permanently Deprive The Owner Of It: The mental state of the person committing the theft is important. They must intend to keep the property for themselves or prevent the rightful owner from getting it back. This is what sets theft apart from borrowing or accidentally taking something.

Define Robbery

Robbery, a crime that has its roots in common law^[3] , is the act of unlawfully taking someone else’s property through violent force or the threat of force, to permanently deprive them of it. 

This involves the use of force or the threat of force, it is considered more serious than other theft crimes, like larceny, for example, which do not involve force.

Well, the main difference between robbery vs. theft is the use of force or intimidation in the act of taking property directly from someone.

The elements of the crime of robbery generally include:

• taking someone else’s property from their person or in their presence
• using violent force or the threat of force
• and having the intention of permanently depriving them of their property

Legal Consequences: Theft vs Robbery

Penalties for Theft

The legal consequences for a person convicted of theft differ based on the jurisdiction and the details of the crime, especially the value of the stolen property.

Theft is usually classified into different levels depending on the value of the property taken, with penalties ranging from small fines to significant prison sentences.

Legal Consequences And Impact On The Severity Of The Penalties:

• Petty Theft: This usually involves property valued below a certain threshold (e.g., $1000 in California). It is often classified as a misdemeanor, punishable by fines, community service, or imprisonment for up to one year.
• Grand Theft: Involves property exceeding a specified value (e.g., more than $950 in California) and can be charged as either a misdemeanor or a felony.

Felony grand theft can result in significant prison time, often ranging from 16 months to three years or more, depending on the state and the specifics of the case.

• Federal Theft Law: According to 18 U.S. Code § 641^[4] , a federal law that prohibits the theft, embezzlement, or unlawful conversion of U.S. government property. It also criminalizes receiving, concealing, or retaining such property with the knowledge that it was stolen.

Penalties vary based on the property’s value: If it exceeds $1,000, the offender can face up to ten years in prison, while theft of lesser value can result in up to one year in prison. The law is designed to protect government property from unauthorized use or theft.

Aggravating and Mitigating Factors:

• Aggravating Factors: Factors that can increase the severity of the penalty include the use of force, theft involving vulnerable victims (e.g., the elderly), prior criminal history, or theft of essential items (e.g., a vehicle or medical supplies).
• Mitigating Factors: These can include the absence of a prior criminal record^[5] , the return of stolen property, or cooperation with law enforcement. Mitigating factors may lead to reduced charges or lighter sentencing.

Penalties for Robbery

Robbery is a harsh crime that entails employing force, intimating, or threatening the victim into giving up his property. Unlike theft, which may occur without the victim’s immediate presence, robbery directly endangers the victim, making it a more severe offense in the eyes of the law.

California Penal Code Section 211^[6]: Defines robbery as the taking of personal property from another person through force or fear, classifying it as a violent crime^[7] The statute underscores the seriousness of robbery due to the threat or use of force.

Federal Law: 18 U.S.C. § 1951 (Hobbs Act)^[8] – The Hobbs Act, is a federal law that prohibits robbery or extortion of any substance whatsoever in interstate commerce (with somewhat challenging ways for Congress to prove those cases). This statute covers a robbery that carries with it up to 20 years in federal prison (with extra penalties if there are firearms).

California Penal Code Section 213: This law defines the penalties for robbery in California. According to this law:

• First-Degree Robbery: In California, first-degree robbery can occur in specific situations, such as when the victim is a driver or passenger in a vehicle, when the crime takes place in an inhabited dwelling (like a house or apartment), or when the victim has just used an ATM. The penalty for first-degree robbery can include imprisonment in a California state prison for three, six, or nine years.

• Second-Degree Robbery: Any robbery that does not meet the criteria for first-degree robbery is considered second-degree robbery. The penalty for second-degree robbery includes imprisonment in state prison for two, three, or five years.

Watch the Video to learn how to fight back against robbery charges:

What Are the Key Differences Between Theft and Robbery?

Robbery and theft differ in several respects, but the main difference that makes robbery the more serious offense is the potential for physical harm to a victim.

Person vs. property offense: Theft is a crime against property, while robbery is a crime against a person, making robbery more serious.

Theft involves taking or attempting to take money or property without using violence. On the other hand, robbery involves using force or the threat of force.

Victim presence: This is the main difference between robbery and theft. Robbery, unlike theft, entails taking property directly from or in the presence of a person, which places the victim in the path of direct harm.

Penalties: The penalties for theft and robbery reflect the potential for physical harm and violence to a victim. Robberies generally start as felonies, and a defendant convicted of robbery will likely face prison time. On the other hand, thefts can result in misdemeanor penalties. Even for felony theft, a person may potentially receive felony probation^[9] and spend little time behind bars.

Theft vs Robbery: How do they Differ from Burglary?

While theft and robbery both involve unlawfully taking someone’s personal property, burglary is a different type^[10] of crime altogether. The main distinction lies in how these crimes are committed.

Theft is the act of taking property with the intent to commit to permanently deprive the owner, without any direct interaction with the victim. 

Robbery, however, involves force or the threat of force against the victim during the crime, making it more severe.

On the other hand, burglary involves unlawfully entering a building or structure with the intent to commit theft or another felony inside. Unlike robbery, burglary doesn’t require the presence of a victim, nor does it involve the use of force against a person. The key factor is the unlawful entry, coupled with the intention to commit a crime once inside.

All in all, theft and robbery focus on taking property, and burglary is centered around illegal entry into a space with criminal intent, regardless of whether the intended crime is actually carried out.

Knowing the distinctions between robbery and theft is crucial for legal professionals and the general public alike. While both crimes involve unlawfully taking someone’s property, robbery is considered more severe due to the use of force and direct threat to victims. 

This difference is reflected in the criminal charges and potential sentences for each offense. By recognizing these differences, we can better understand the legal system’s approach to property crimes and the varying degrees of severity of criminal acts.

If you or someone you know is facing charges related to theft, robbery, or burglary, it’s important to seek legal assistance. Contact us today for expert advice and representation to ensure your rights are protected.

References

1. Manshoory, S. (2023, September 19). Larceny vs Theft: What’s the Difference? | Manshoory Law Group. Manshoory Law Group, APC. https://manshoorylaw.com/blog/larceny-vs-theft/
2. Bernard, T. J. (1998, July 20). Theft | Definition, Penalties & Types. Encyclopedia Britannica. https://www.britannica.com/topic/theft
3. common law. (n.d.). LII / Legal Information Institute. https://www.law.cornell.edu/wex/common_law
4. 1643. Definition — property protected by 18 U.S.C. 641. (2020, January 17). https://www.justice.gov/archives/jm/criminal-resource-manual-1643-definition-property-protected-18-usc-64
5. Manshoory, S. (2017, February 13). How do my prior convictions affect my current case? | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/the-impact-of-past-convictions-on-current-prosecutions/
6. Codes display text. (n.d.). https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml
7. Manshoory, S. (2023, September 20). What would be considered a violent crime in California? | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/violent-crimes-in-california/
8. 9-131.000 – The Hobbs Act – 18 U.S.C. § 1951. (2023, December 15). https://www.justice.gov/jm/jm-9-131000-hobbs-act-18-usc-1951
9. Parker, D. (2023, November 14). Felony probation in California: How does felony probation work ? Manshoory Law Group, APC. https://manshoorylaw.com/blog/felony-probation/
10. Parker, D. (2024, August 13). Second degree burglary: The difference between first and second degree burglary in California | Manshoory Law Group, APC. Manshoory Law Group, APC. https://manshoorylaw.com/blog/second-degree-burglary/

Second Degree Burglary: The Difference Between First and Second Degree Burglary in California

Burglary remains one of the most frequently prosecuted crimes in California, with significant implications for those accused. In 2022 alone, San Diego, a city in California, reported ^[1] over 7,300 burglary offenses, highlighting the urgency of understanding the legal distinctions between first and second degree burglary. In 2022, 60% of burglaries were categorized as forced entry, while 36% were classified as non-forced entry, and 4% were labeled as attempted or unsuccessful burglaries. Notably, over the past five years, the percentage of forced entry burglaries has consistently increased, rising from 41% in 2018 to 60% in 2022.

First-degree burglary, often involving residential properties, carries harsher penalties due to the heightened risk to personal safety. In contrast, second-degree burglary typically pertains to commercial establishments and is classified as a “wobbler,” allowing for a range of charges from misdemeanors to felonies^[2].

This article provides a comprehensive overview of second-degree burglary, its legal implications, and how it differs from first-degree burglary under California Penal Code Section 459.

Overview of Burglary Laws under Penal Code 459 in California

California Penal Code Section 459 ^[3] defines burglary as the act of entering a building, room, or locked vehicle with the intent to commit a felony or theft. This statute establishes the foundational elements of burglary charges in the state, emphasizing the necessity of intent.

The general intent required for a burglary charge means that the individual must have the intention to commit a crime at the time of entry, regardless of whether the crime is ultimately executed.

Burglary is categorized primarily into first and second degrees, with each classification carrying distinct legal definitions and penalties.

What Constitutes First-Degree Burglary?

First-degree burglary is defined as the unlawful entry into a residence with the intent to commit a crime. This type of burglary is often referred to as residential burglary and is considered more serious due to the potential threat to personal safety involved.

First-Degree Burglary: Penalties and Consequences

A conviction for first-degree burglary is classified as a felony in California ^[4]. The penalties for this crime can include:

• Prison Sentence: Two, four, or six years in California state prison.
• Fines: Up to $10,000.
• Probation: Felony probation ^[5]may be available but typically requires the defendant to meet specific criteria.

First-degree burglary also counts as a “strike” under California’s Three Strikes Law ^[6], meaning that subsequent felony convictions could lead to significantly harsher penalties. Including the “person present” allegation for a 1st-degree charge elevates it to a violent strike, resulting in a harsher prison sentence, whereas a regular 1st-degree charge without this allegation is treated as a serious strike, leading to a lighter sentence.

Understanding Second-Degree Burglary

Second-degree burglary, on the other hand, refers to unlawful entry into any structure that is not a residence, such as commercial properties, warehouses, or other non-residential buildings ^[7]. This classification is often referred to as commercial burglary.

2nd Degree Burglary: Penalties and Consequences

Second-degree burglary is classified as a “wobbler,” meaning it can be charged as either a felony or a misdemeanor, depending on the circumstances and the defendant’s criminal history. The potential penalties for a felony 2nd-degree burglary conviction include:

2nd Degree Offense – Felony Charges:

• Prison Sentence: Sixteen months, two years, or three years in county jail.
• Fines: Up to $10,000.

2nd Degree Offense – Misdemeanor Charges:

If charged as a misdemeanor, the penalties may include:

• Jail Time: Up to one year in county jail.
• Fines: Up to $1,000.

The flexibility in charging second-degree burglary allows prosecutors to consider the specifics of the case, including the defendant’s past criminal record ^[8] and the nature of the offense.

Key Differences Between First and Second-Degree Burglary

Understanding the differences between first and second-degree burglary is essential for legal clarity. Below is a comparison of the two:

In California, a “strike” refers to a conviction for a serious or violent felony under the state’s Three Strikes law. The Three Strikes law imposes harsher sentences on repeat offenders who have prior convictions for serious or violent felonies.

Under the Three Strikes law:

• A first-degree burglary conviction always counts as a strike. This means that if someone is convicted of first-degree burglary, it will be counted as a “strike” on their criminal record.
• If someone has a prior conviction for first-degree burglary and they are later convicted of any new felony, they can be sentenced as a “second striker.” This doubles the normal sentence for the new felony.
• If someone has two prior convictions for first-degree burglary or other serious/violent felonies and they are convicted of a new felony, they can be sentenced to 25 years to life in prison as a “third striker.”

In contrast, a second-degree burglary conviction does not count as a strike under the Three Strikes law. This is because second-degree burglary is considered a less serious offense, as it involves entering non-residential structures rather than inhabited dwellings.

So in summary, the “strike” status refers to how a burglary conviction will impact a person’s sentence if they commit future felonies, with first-degree burglary counting as a strike and second-degree burglary not counting. The Three Strikes law aims to impose harsher punishments on repeat offenders who commit serious crimes.

What are Legal Defenses Against Burglary Charges?

In defending against burglary charges, several legal defenses may be employed. Common defenses include:

• Lack of Intent: The prosecution must prove that the defendant intended to commit a crime at the time of entry. If there is reasonable doubt regarding this intent, the charge may be challenged.
• Mistaken Identity: If the defendant can demonstrate that they were not the individual who entered the property, this defense may be effective.
• Consent: If the defendant had permission to enter the property, this could negate the burglary charge.

Legal representation is crucial in burglary cases, as an experienced attorney can help navigate the complexities of the law and develop a strong defense strategy. Reach out for an expert consultation now!

Understanding the distinctions between first and second-degree burglary in California is crucial for anyone facing such charges. With the increasing prevalence of burglary offenses, particularly forced entries, the legal consequences have never been more significant. First-degree burglary, with its severe penalties and strike status, underscores the importance of personal safety, while second-degree burglary, though more flexible in its classification, still carries serious repercussions.

For those accused of burglary, the path forward can be daunting. The difference between a felony and a misdemeanor, or the impact of a strike on your criminal record, can dramatically influence your future. Given the complexities of these laws, securing experienced legal representation is not just advisable—it’s essential. A criminal defense attorney at Manshoory Law can help clarify your legal options, build a strong defense, and guide you toward the best possible outcome. In the face of such serious charges, taking immediate action could make all the difference.

Resources

1. San Diego Association of Governments. (2023, May 3). 43 Years of Crime in the San Diego Region: 1980 Through 2022. SANDAG. https://www.sandag.org/-/media/SANDAG/Documents/PDF/data-and-research/criminal-justice-and-public-safety/criminal-justice-research-clearinghouse/cj-bulletin/cj-bulletin-43-years-of-crime-san-diego-region-2023-05-03.pdf
2. Manshoory, S. (2016, December 19). Misdemeanor, felony and “Wobbler” offenses in CA | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/misdemeanor-felony-and-wobbler-offenses-in-california/
3. California Code, PEN 459. (n.d.). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=459.&lawCode=PEN
4. California Penal Code 17B: How to reduce a felony to a misdemeanor | Manshoory Law. (2024, April 26). Manshoory Law Group, APC. https://manshoorylaw.com/california-penal-code/penal-code-17b/
5. Parker, D. (2023, November 14). Felony probation in California: How does felony probation work ? Manshoory Law Group, APC. https://manshoorylaw.com/blog/felony-probation/
6. Manshoory, S. (2023, November 17). California Three Strikes Law | Understanding CA 3 strike rule. Manshoory Law Group, APC. https://manshoorylaw.com/blog/california-three-strikes-law/
7. RCW 9A.52.030: Burglary in the second degree. (n.d.). https://app.leg.wa.gov/rcw/default.aspx?cite=9A.52.030
8. Los Angeles Criminal Background Check | Criminal Record | Manshoory Law. (2022, January 31). Manshoory Law Group, APC. https://manshoorylaw.com/investigations/criminal-background-check/

Dos and Don’ts: Driving in California with a Foreign License

Driving in California with a foreign license can be both convenient and daunting. Whether you are a tourist, student, or short-term visitor, understanding the state’s driving laws and regulations is essential for a smooth experience on the road. California allows foreign drivers to use their valid international driver’s licenses, but several key points must be kept in mind to remain compliant with state laws.

Before hitting the road, you must familiarize yourself with California’s specific requirements. This includes carrying the correct documentation, understanding traffic rules, and ensuring you have adequate insurance coverage. Failure to adhere to these regulations can lead to legal complications, fines, and potential issues with your home country’s authorities.

This comprehensive guide outlines the dos and don’ts of driving in California with a foreign license. By following these guidelines, you can ensure a safe and lawful driving experience during your stay in the Golden State.

Driving in California with a Foreign License? Understand the Laws

Understanding the regulations surrounding driving in California with a foreign license can save a lot of hassle. California permits foreign drivers to operate vehicles using their valid driver’s license from their home country. However, this is generally allowed for short-term visits only. It’s important to verify the validity period of your foreign driver’s license to avoid any legal complications. Typically, if your stay exceeds six months, you will be required to obtain a California driver’s license.

In addition to your foreign license, always carry your passport. If you plan to stay longer than a year, consider securing a more permanent solution, like an International Driving Permit ^[1]  (IDP). Documentation is crucial, so keep all necessary papers, such as insurance and vehicle registration, handy to present if asked by law enforcement officers.

Preparation is key to a smooth experience while driving as a foreign visitor. Review the requirements and rules before you start driving to avoid penalties and ensure compliance with California’s legal framework.

Dos: Essential Guidelines for Driving in California with a Foreign License

• Do Carry Your Foreign License at All Times

Always keep your original driver’s license with you. This document is proof of your legal right to drive and will be necessary during traffic stops or if you are involved in an accident. Carry it along with other identification forms, such as your passport.

• Do Understand and Abide by California Traffic Laws

Familiarize yourself with California’s traffic laws^[2], including speed limits, traffic signs, and other local regulations. Knowing these laws ensures you drive safely and avoid fines. Resources are available online, or you can visit the DMV website for detailed information.

• Do Get an International Driving Permit (IDP) if Required

Consider obtaining an International Driving Permit (IDP). This permit translates your foreign license into English, making it easier for local authorities to understand. It is especially recommended if your license is not in English or if you plan to stay for an extended period.

• Do Secure Adequate Car Insurance

Insurance is mandatory for all drivers in California. Ensure you have adequate coverage to meet legal requirements. Some insurance companies offer policies tailored to foreign drivers. Having comprehensive insurance protects you in case of accidents and ensures compliance with state laws.

• Do Know What to Do in Case of an Accident

Accidents can be stressful, especially in a foreign country. Know the steps to take: check for injuries, call emergency services if needed, and exchange information with the other driver. It’s crucial to report the incident to the police and your insurance company. Keep a written record of the details and any witness accounts.

Don’ts: Common Mistakes to Avoid

• Don’t Drive Without Understanding Local Road Etiquette

Driving etiquette varies by location. Familiarize yourself with local customs, such as who has the right of way and how to use roundabouts. This knowledge helps prevent misunderstandings and accidents.

• Don’t Overlook Rental Car Agreements

If renting a car, carefully review the rental agreement. Pay attention to the details regarding insurance coverage, mileage limits, and any driving restrictions. Understanding these terms can help avoid unexpected fees or penalties.

• Don’t Ignore Parking and Toll Rules

California has specific parking regulations^[3] and toll requirements. Read parking signs to avoid fines and know how to pay tolls. Some areas have automated toll systems, so it’s wise to understand the payment process before driving.

• Don’t Forget to Carry Additional Identification

Besides your driver’s license, carry extra identification forms, such as a passport. This additional ID may be needed in various situations, such as when checking into hotels or dealing with law enforcement.

• Don’t Underestimate Traffic Conditions

California, especially cities like Los Angeles, is known for heavy traffic. Plan your trips considering peak traffic hours. Use GPS and real-time traffic apps to navigate efficiently and avoid congested routes.

Seeking Assistance: What to Do in Legal Situations

Should you find yourself in a legal predicament while driving in California with a foreign license, there are steps to take to protect your rights. Contacting a legal professional experienced with international drivers is advisable. They can provide guidance and representation if needed.

Understanding your legal responsibilities and rights can help navigate any challenges you might face. Always have key contact numbers, including your country’s consulate and a legal professional, accessible in case of emergencies. Proper legal assistance can make a significant difference in resolving issues swiftly and favorably, especially in case when you are having a DUI accident in California, a Los Angeles DUI attorney can be of great help to your case.

Obtaining legal help ensures you are adequately represented and understand the processes involved in your case. Reach out to a local attorney in California who is experienced with international driving issues to get the best possible advice and support.

Driving in California with a foreign license entails understanding specific rules and obligations to ensure a safe and lawful experience. Make sure to carry your foreign license and additional identification at all times. Comply with California traffic laws, secure necessary insurance, and know what steps to take if you find yourself in a legal situation. Be informed about the requirements for tourists and non-residents to avoid common pitfalls and ensure a smooth driving experience.

Can’t navigate your legal situation alone? Get the expert advice and representation you need. Contact Manshoory Law for a consultation today to ensure your rights are protected while driving in California. Reach out to our experienced team and drive with confidence!

Driving in California with a Foreign License – FAQ

References

Your Guide to the Best Defense Attorneys in California

When facing serious criminal charges, having the best legal representation is critical. In California, the stakes are especially high with its complex and stringent criminal justice system. Choosing the best criminal defense attorney in California can significantly influence the outcome of your case. Whether you are dealing with charges of domestic violence or a different criminal offense, the right attorney will offer both expertise and support.

Several factors play a role in determining who qualifies as the best defense attorney in California. Elements such as experience, client reviews, and professional affiliations are crucial in this regard. It is also essential to recognize attorneys who have been honored by legal institutions and have a track record of favorable case outcomes. These attributes help in discerning which lawyers can effectively handle the intricacies of California law and criminal defense.

Selecting the appropriate attorney goes beyond picking a name from a list. It involves careful evaluation of their qualifications, reputation, and success rates. This guide aims to provide a comprehensive look at some of the top criminal defense attorneys in California and offer practical tips for making an informed choice that aligns with your specific legal needs.

Criteria for Selection of the Best Defense Attorney in California

When facing serious criminal charges, choosing the best criminal defense attorney in California is crucial for securing a favorable outcome. Several criteria ^[1] should be considered to make an informed decision.

The attorney’s years of practice and specific areas of expertise are vital. An attorney with extensive experience in criminal law will have a deep understanding of the legal system and can navigate complex cases effectively. Expertise in specific areas, such as domestic violence or drug offenses ^[2], ensures that the attorney is well-versed in the nuances of these charges and can provide a strong defense.

An attorney’s reputation within the legal community speaks volumes about their abilities and professionalism. Recognition through awards and honors can indicate a high level of respect and trust from peers. Titles such as “Super Lawyer” or recognition by the California Board of Legal Specialization ^[3] are significant indicators of excellence. Additionally, being featured in reputable legal publications adds credibility to an attorney’s standing.

Testimonials from previous clients offer valuable insights into an attorney’s performance and client relations. Positive reviews and successful case outcomes can provide confidence in the attorney’s abilities. Look for detailed reviews that discuss the attorney’s communication, strategy, and the results of the case.

Membership in legal organizations and bar associations ^[4] reflects ongoing commitment to the legal profession and adherence to high standards. Attorneys who are active members of these groups often stay updated on legal developments and network with other professionals, enhancing their practice. Being affiliated with entities like the Los Angeles County Bar Association or specialized criminal defense groups adds layers of credibility.

Considering these criteria helps in identifying the best defense attorney in California, ensuring they have the experience, reputation, client satisfaction, and professional affiliations necessary to defend your interests effectively.

Top Criminal Defense Attorneys in California

Shaheen F. Manshoory

• Background and Education: Shaheen F. Manshoory is a graduate of an accelerated Juris Doctor (J.D.) program called SCALE, offered by the Southwestern School of Law to highly qualified law school candidates
• Notable Cases, Experience, and Successes: He has successfully defended numerous high-profile criminal cases involving individuals and organizations alike.

Neda Manshoory

• Background and Education: Neda Manshoory graduated college from the University of California, Irvine with a dual Bachelor of Arts in Humanities and Religious Studies. Thereafter, she earned her Juris Doctor from Western State College of Law in Orange County. During law school, she served as a Certified Law Clerk for the Los Angeles County District Attorney’s Office where she conducted in excess of ninety preliminary hearings and numerous motions to suppress hearings.
• Notable Cases, Experience, and Successes: Her expertise includes litigating constitutional violation claims of excessive force, denial of medical care, wrongful death, unlawful search and seizures, false arrest, and negligence. As a former Deputy District Attorney in the Los Angeles County District Attorney’s Office, she also has experience prosecuting both misdemeanor and felony cases in various courthouses throughout Los Angeles County.

Travis Sabaitis

• Background and Education: Travis Sabaitis earned his law degree from the Southwestern School of Law and graduated in the top 10 percent of his class.
• Notable Cases, Experience, and Successes: He has a strong record of defending clients in serious criminal matters, including drug offenses. Mr. Sabaitis is one of the first attorneys to get a prior cannabis felony removed from a defendant’s record after the legalization of cannabis in California.

Melinda Gomez

• Background and Education: Melinda Gomez graduated from the Willamette University College of Law in Salem, Oregon, and teaches others as an adjunct professor.
• Notable Cases, Experience, and Successes: She has helped individuals and their families strategically petition the courts for reduced sentences.

Armina Petrosyan

• Background and Education: Armina Petrosyan graduated from the Southwestern Law School’s prestigious two-year accelerated SCALE program. She also has a degree in English with a minor in philosophy from the University of California, Irvine, graduating on the Dean’s List for academic honors.
• Notable Cases, Experience, and Successes: She earned the highest score in her Defenses in Criminal Law course and gained insight into criminal law while she worked as a law clerk in the Los Angeles County District Attorney’s Office during law school.

Gabriella Castro

• Background and Education: Gabriella Castro graduated with honors from Gonzaga University with dual majors in Political Science and Philosophy and earned her Juris Doctor degree at the Pepperdine University School of Law. She also graduated with an additional certificate in criminal legal practice.
• Notable Cases, Experience, and Successes: She has contributed significantly in post-conviction and misdemeanor units and has experience in civil litigation, and she now focuses on criminal defense.

Christine Martin

• Background and Education: Christine Martin graduated from Whittier Law School, where she received an Admission Merit Scholarship and graduated with honors. During her time in law school, she also held vital positions like Article Editor for the Whittier Law Review, Fellow at the Center for Children and Families Fellowship and Scholarship, and Lead Defense Counsel in Criminal Trial Advocacy.
• Notable Cases, Experience, and Successes: She has experience in Personal Injury, Contract and Transaction Law, Family Law, and Adoption Law, and now focuses on criminal defense. She has successfully defended cases dealing with infractions, misdemeanors, and felonies.

Stephanie Linton

• Background and Education: Stephanie Linton earned her Juris Doctorate from Santa Clara University School of Law, where she graduated on the Dean’s list for academic honors. She received an Emery Law Scholarship and graduated with a certificate in Public Interest and Social Justice, with an emphasis in Criminal Justice.
• Notable Cases, Experience, and Successes: While in law school, Ms. Linton externed for the Northern California Innocence Project, where she assisted in exonerating the wrongfully convicted. She is also a former Public Defender who has over 8 years of criminal defense experience in multiple counties throughout California.

These attorneys represent some of the best criminal defense talents in California, possessing the necessary credentials and case histories to provide top-tier legal representation.

Tips for Choosing the Right Criminal Defense Attorney

Choosing the right criminal defense attorney is vital for achieving the best possible outcome in a legal case. To make an informed decision, start by understanding the specifics of your case and the type of legal representation you require. Different criminal charges necessitate distinct legal strategies, so whether you are facing domestic violence allegations ^[5] or drug-related offenses, knowing the intricacies of your case will help you select a criminal defense attorney in California who specializes in that area.

Thorough research is essential in evaluating an attorney’s background. Consider their education, years of practice, and specific areas of expertise. Look for attorneys who have been recognized as top criminal defense attorneys in California through awards and honors from renowned legal organizations. Membership in these organizations can assure you of the attorney’s ongoing commitment to their profession. Online reviews and testimonials can also provide insights into their reputation and track record. Websites listing the best criminal lawyers in Los Angeles can be a valuable resource in your research.

Meeting potential attorneys for consultations is another crucial step in determining their suitability for your case. Prepare a list of essential questions to ask, such as their experience with cases similar to yours, their approach to defense strategies, and their previous case outcomes. This initial interaction will give you a sense of their communication skills and how comfortable you feel working with them. It is crucial to find a lawyer you can trust and with whom you can openly communicate.

By following this structured approach, you will be better equipped to select a defense attorney who is well-suited to handle your case and provide effective representation.

Conclusion

Selecting the right criminal defense attorney is a critical step in protecting your rights and securing a favorable outcome in your case. The best criminal defense attorney in California will offer not only expert legal representation but also the support and guidance needed during a challenging time.

When choosing an attorney, consider their experience, reputation, client reviews, and professional affiliations. These criteria help in identifying top criminal defense attorneys who are well-equipped to handle the complexities of your case. Each lawyer’s background, education, and notable successes are crucial indicators of their capability to provide strong defense strategies.

Take the time to assess your legal needs, conduct thorough research, and engage in meaningful consultations with potential lawyers. This comprehensive approach ensures that you make an informed decision, ultimately enhancing your chances of a positive case outcome.

For expert legal assistance or advice on any related matters, contact Manshoory Law for professional and reliable support tailored to your specific needs.

DUI vs DWI: What is the Difference

Comprehending the intricate legal terminology associated with driving while intoxicated can be compared to maneuvering through a hazy evening. DUI, DWI – both terminologies convey seriousness, but do they possess identical meanings? Get ready, as we will now elucidate the essential distinctions between DUIs and DWIs.

What is a DWI? Definition and Distinction between DUI and DWI

Let’s start by answering what is a DWI? DWI is an acronym that stands for Driving While Intoxicated. It signifies a condition where your capacity to manage a vehicle is considerably diminished, typically as a result of consuming alcohol ^[1]. The key point to consider is that depending on your place of residence, there may be differences in the usage of DWI vs DUI (Driving Under the Influence), as they may either be used interchangeably or hold separate definitions.

In California ^[2], for instance, the terms DWI and DUI are used interchangeably and refer to the same crime. Whereas in certain states ^[3], DWI serves as the overarching term that includes both alcohol and drug impairment. In such instances, DUI could potentially be considered a lesser offense designated for particular levels of BAC (Blood Alcohol Concentration). However, we will later delve into the topic of BAC levels.

Other Impaired Driving Acronyms According to Different States

Now, let’s delve into additional abbreviations ^[4] circulating within the realm of traffic regulations in various states:

• OWI vs DUI: This distinction varies across different states. OWI (Operating While Intoxicated or Operating Under the Influence) typically operates similarly to DWI, with DUI potentially indicating a lesser degree of impairment.
• OWVI and DUAC: Strap in, as these are less frequent! OWVI (Operating a Vehicle While Intoxicated) and DUAC (Driving Under the Influence of a Controlled Substance) are specialized terms utilized in certain states to further distinguish between impairment caused by alcohol and that caused by drugs.

Feeling perplexed? No need to fret, as it is completely typical! The main point to remember is that all of these terms are used to describe operating a vehicle while under the influence of substances that hinder your capacity to drive safely.

Factors Determining DWI vs DUI

Now, we will delve into the elements that dictate whether an individual is charged with a DWI or a DUI, contingent upon the laws of their respective state.

• Blood Alcohol Concentration (BAC) levels: This aspect is significant. BAC refers, to the proportion of alcohol present in your blood. The majority of states enforce a legal limit on BAC ^[5], usually set at approximately 0.08%. Going beyond this threshold generally results in a classification as a DWI, although certain states may categorize it as a DUI with more severe consequences.

Now, this is where the situation starts to become intriguing. Certain states implement a tiered structure. As an illustration, an individual under 21 ^[6] who has consumed any amount or influence of alcohol could face a DUI charge, regardless of whether their blood alcohol content (BAC) falls below the legal limit set for adults.

Keep in mind: Blood alcohol concentration (BAC) levels are merely a single aspect of the overall picture.

• Substance Impairment: Similar to alcohol, any substance that hampers your ability to operate a vehicle safely can subject you to charges of DWI vs DUI. This encompasses prescription drugs, illicit substances, and even certain non-prescription medications. The crucial factor is impairment – if a substance disrupts your coordination, decision-making skills, or response time, you become susceptible to legal consequences.

The legal differentiation based on the type of substance can also differ. In certain states, the penalties for operating a vehicle under the influence of specific drugs^[7]might be more severe compared to alcohol.

Difference in Legal Consequences: DUI vs DWI

Now, let’s address the less enjoyable aspect: the consequences. Both DWIs and DUIs entail a significant amount of legal difficulties, although the severity may vary.

• Expect substantial financial penalties, the suspension of your driver’s license ^[8], and the potential for incarceration as a result of DWI. The specific repercussions vary depending on factors such as your blood alcohol concentration (BAC), whether it is your initial offense ^[9], and any supplementary elements such as harm to property or injuries caused while operating a vehicle under the influence.
• Consequences for DUI offenses may resemble those for DWI, although certain states might enforce stricter penalties for a DUI in cases where there is a higher BAC level or drug impairment. Sometimes even community service might be included!

Individuals who commit DUI vs DWI offenses repeatedly are subjected to even more severe repercussions. Having multiple DUIs or DWIs may result in considerably higher fines, extended periods of license suspension, obligatory installation of ignition interlock devices ^[10] (requiring a breathalyzer test prior to operating the vehicle), and substantial durations of incarceration.

Depending on the state and seriousness of the offense, first-time offenders ^[11] may have the opportunity to explore alternative options. This could involve participation in diversion programs or being placed on probation as a means to avoid incarceration.

Important Reminder: This serves as a general summary. The precise repercussions for DUIs and DWIs differ significantly depending on the state. If you find yourself in a situation where you are dealing with legal charges, it is imperative to seek guidance from a DUI Attorney who can provide detailed explanations of the applicable laws within your particular jurisdiction.

DUI vs DWI and their Impact on Insurance Rates

This is where expenses can escalate further. Being convicted of a DUI vs DWI will undoubtedly cause a significant increase in your car insurance premiums. For what reason? Insurance companies perceive drivers who have been found guilty of DUIs and DWIs as individuals with a higher risk profile, increasing the probability of filing claims in relation to subsequent accidents.

• Elevated Premiums: Anticipate a notable rise in your insurance premiums^[12] , with the possibility of them doubling or even tripling beyond your existing rate. The duration of this increase may extend over several years, contingent upon the state you reside in and the gravity of the offense committed.
• Non-Remewal: In certain circumstances, your insurance provider may opt not to extend the policy for another term. This can present challenges when seeking alternative coverage, potentially resulting in increased costs.
• SR-22 Requirement: In certain states, it may be necessary for you to submit an SR-22 document ^[13] to your insurance provider. This certificate serves as evidence that you possess the required minimum liability coverage for a designated timeframe, typically lasting three years. An SR-22 might result in an extra charge being applied to your insurance plan.

After being convicted of a DUI or DWI, it is essential to explore different options for insurance quotes. Certain insurance providers specialize in offering coverage to individuals with a higher risk profile, and there is a possibility of finding a more reasonably priced premium.

Operating a vehicle while under the influence is a grave violation that can have life-changing ramifications. The specific classification of your charge, whether it be a DWI vs DUI, is determined by the laws of your state. Regardless of the terminology, both offenses carry substantial legal and financial consequences.

The most effective method to prevent these headaches? Make arrangements in advance. If you plan on consuming alcohol or engaging in any activities that may hinder your ability to drive, it is advisable to assign a responsible driver who abstains from such substances or consider utilizing a ride-sharing service. (more…)

What is White-Collar Crime? Definitions, Types, and Impacts

Have you ever heard about a CEO getting arrested for some shady business dealings? Or maybe a story about a data breach that exposed millions of people’s information? These are all examples of what falls under the umbrella of white-collar crime. But what is white collar, and why is it such a big deal?

What is White-Collar Crime: Definition and Origin

First things first, let’s define what is white-collar crime. In essence, this term ^[1] refers to financially motivated, non-violent crimes. Think of it as using your brain and a nice suit to steal instead of a mask and a gun. The actual phrase was formulated in the 1930s by Edwin Sutherland, a sociologist, to describe offenses frequently perpetrated by individuals in esteemed roles, specifically those holding white-collar occupations. That is the origin of the name.

The primary distinction between white-collar crime and other forms of criminal activity lies in the approach employed. While there is an absence of physical violence, there is instead an abundance of deceit and manipulation. These individuals who engage in illicit activities manipulate the trust placed in them, manipulate or circumvent regulations, or directly violate them to gain an unfair advantage. In these cases, when you are wrongfully accused of a white-collar crime, we are here to help. Contact us and find a Los Angeles White-Collar Defense Lawyer for your case.

Types of White-Collar Crimes

Now, let us delve further into the various ways in which these white-collar crimes can unfold and some specific white-collar crime examples:

• Fraud

Fraud involves almost unlimited definitions, and it stands as a significant category. Are you familiar with the concept of “securities fraud”? This occurs ^[2]  when an individual deceives investors in order to gain financial benefits, typically achieved by providing false information about a company’s performance. It is akin to selling someone a pre-owned vehicle and misleading them into believing that it is brand new. Unacceptable behavior indeed.

The term fraud encompasses many concepts. For instance, have you ever heard of a Ponzi scheme? This is where someone promises high returns on investments, but they’re actually just paying out older investors with money from new ones ^[3] . It’s like a financial house of cards, and eventually, it all comes crashing down. Think of a pyramid scheme, but with fancier language, that could also be considered as a fraud scheme.

• Embezzlement

Embezzlement is one of the most important white-collar crimes. It can be defined ^[4] as a criminal act in which an individual misappropriates funds that have been entrusted to them. Visualize a scenario where the office manager gradually depletes the company’s petty cash reserve, making incremental withdrawals with each coffee purchase. Though it may appear insignificant, the cumulative effect is substantial, resulting in a significant breach of trust. Finding the right Los Angeles Embezzlement Lawyer is the best decision anyone could make when facing an accusation of this kind.

• Money Laundering

Money laundering may appear glamorous, but in essence, it pertains to the process of transforming illicit funds into legitimate money ^[5]. Criminals often achieve this by channeling their ill-gotten gains through counterfeit enterprises or intricate financial dealings. Consider it as running your fraudulently obtained funds through a fantastical cleansing apparatus that produces counterfeit currency with an authentic appearance.

• Cybercrime

As technology continues to advance, cybercrime has emerged ^[6] as a prominent figure in the realm of white-collar criminal activities. Engaging in unauthorized access to computer networks, pilfering information, or orchestrating cyber assaults for monetary gain are all instances of this escalating menace.

• Insider Trading

Engaging in insider trading can be quite complex. It entails the utilization of privileged information about a company in order to personally benefit from buying or selling stocks ^[7] . Consider the scenario of taking a glimpse at the answers to an exam prior to the actual test – this concept bears resemblance, albeit with significant financial ramifications. Striking a delicate balance exists between having access to information and employing it unethically.

Impact of White-Collar Offenses

Now, what makes white-collar crime significant is the potential for its devastating impact? White-collar offenses can have far-reaching consequences, leading businesses to face bankruptcy, economies to endure the repercussions of tax evasion and financial gain scams, and individuals to experience the loss of their hard-earned savings. This phenomenon can be likened to a domino effect, wherein a solitary dishonest act has the potential to taint the entire collective.

However, the issue extends beyond mere financial considerations, it may unleash public corruption. White-collar crime erodes trust in institutions, from businesses to governments. When people see those in power getting away with dishonesty, it can make them cynical and less likely to follow the rules themselves. It’s like watching a referee blatantly favor one team in a game – it ruins the whole.

To Recap

In today’s world, understanding the different types white-collar crime examples becomes essential. White-collar crime presents itself as a multifaceted problem that has extensive repercussions. To effectively address this issue, it requires the implementation of a comprehensive strategy from multiple angles. Law enforcement authorities are committed to examining and bringing legal action against these white-collar offenses; however, they also require strong laws with explicit consequences in order to discourage potential wrongdoers.

Regulation also holds significant importance. Strengthening financial supervision and implementing more stringent accounting principles can increase the difficulty for companies to engage in fraudulent activities or manipulate their financial records. Moreover, fostering ethical conduct within businesses and instilling a culture of openness can significantly contribute to thwarting these illicit activities before they occur.

However, it is not solely limited to laws and regulations. Each and every one of us has a part to fulfill. Exhibiting responsible citizenship entails fulfilling tax obligations, conducting financial affairs with integrity, and voicing concerns when witnessing misconduct. Holding those in positions of authority responsible and advocating for ethical conduct establishes a robust benchmark for society as a whole.

Although lacking in physical violence, white-collar crime can cause significant harm. By comprehending its diverse manifestations, the consequences it carries, and the means to counteract it, we can strive for a more equitable and transparent society that benefits all individuals. It is important to bear in mind that even the most intricate plans can disintegrate when confronted with authenticity and responsibility. Let us all remain watchful and contribute to maintaining a fair and equitable environment.

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