It is important to hire an experienced Los Angeles violent crime lawyer like Mariya Melkonyan as soon as possible to help you navigate the legal system and defend your rights in court.
Strike Offenses
California’s “Three Strikes” law requires a person convicted of any felony to receive double the sentence after one prior conviction. A strike may include all federal convictions, any conviction from other states, and even some juvenile offenses.
The “Third Strike” or the third offense can send you to prison for 25 years. These are some of the violent crimes that constitute “strikes” under this law:
Robbery is classified under the serious and violent crimes category in California. Robbery is defined under PC 211 as the felonious taking of personal property in possession of another, from their person or immediate presence, against their will, and through means of force and fear. One of the most important first steps to take when charged with a serious crime like robbery is to hire an experienced Los Angeles violent crime lawyer like Mariya Melkonyan as soon as possible.
Force and Fear
The prosecutor must prove the use of force and fear in a robbery case. To use this element in a case, a prosecutor must first prove the defendant intended to take property before using force and fear.
The element of force occurs when the defendant uses physical force or a weapon to take property. Punching someone so you can steal their phone is an example of force.
The element of fear occurs when the defendant makes the victim feel feared or threatened in place of physical force to take property. A criminal handing a threatening note to a bank teller to steal money is an example of this element.
Immediate Presence
The prosecutor must also prove the defendant took the property in the immediate presence of the victim. This means the victim would otherwise have possession and control of the property if not faced with force or fear.
If the property taken was not in the immediate presence of the victim, the prosecutor cannot charge the perpetrator with robbery.
First and Second-Degree Robbery
California separates robbery into two degrees depending on the circumstance of the crime. First-degree robbery occurs when a person is robbed during the following circumstances:
The person is driving or a passenger in a vehicle
While a person is inside an inhabited structure
While a person is using or finished using an ATM
Punishments for first-degree robbery include 3, 6, or 9 years in state prison. Don’t wait, contact Mariya Melkonyan, a top Los Angeles violent crime lawyer the moment you’ve been charged.
Second-Degree Robbery
All other robbery cases that do not meet the criteria for first-degree robbery are charged under second-degree robbery. Second-degree robbery charges are punishable with 2, 3, or 5 years in state prison.
Armed Robbery
Committing robbery with a weapon brings additional charges. Defendants convicted of robbery while armed with a gun face penalties under California’s 10-20-life gun laws. These penalties include:
10 years for using a gun during a robbery
20 years if the firearm is discharged during the robbery
An additional 25 to life sentence for using a firearm during a robbery that resulted in serious injury or death of a victim
Multiple Counts of Robbery
You can be charged with multiple counts of robbery only if more than one act of theft occurs or you commit one act of robbery from multiple victims.
Burglary Cases
Under California law, burglaries fall under the category of serious and violent crimes. You can be charged with burglary if you enter a building, vehicle, cargo container, warehouse, tent, and other structures with an intent to steal or commit another felony.
To be convicted, prosecutors must prove you entered the building with the intention of committing a felony.
Penalties for burglary vary depending on the charges. Charges of first-degree burglary require that the defendant enters a person’s residence to commit a felony. Burglaries that occur in commercial structures are charged as second-degree burglary.
First-degree burglary brings penalties of up to 6 years in state prison and a strike on your record. You will have to serve 85% of your sentence when charged with first-degree burglary regardless of good behavior.
If first-degree burglary is committed while someone is in the home, additional enhancements will apply for a longer prison sentence. Second-degree burglary convictions result in up to 1 year of imprisonment in county jail.
Don’t wait, if you’re charged with a burglary case, contact top Los Angeles violent crime lawyer Mariya Melkonyan. Her team can evaluate your case and prepare a sound defense strategy. (424) 901-3131
Assault and Battery Charges
In California, assault is any unlawful attempt with the ability to commit a violent injury of another person. Assault is sometimes confused with battery, which is a separate crime. Battery is the use of unlawful force or violence on another person.
Assault includes any actions you take leading up to a battery. For example, pointing a gun at someone you’re arguing with to make them feel threatened is an assault.
Battery occurs during unwanted contact. Intentionally shoving, tripping, or punching someone using your body or object are all examples of battery.
An assault can take place on its own, but battery occurs after an assault takes place. The threat and ability to cause bodily harm is assault. Battery is the act of causing harm, and both are considered serious and violent crimes in California.
To be convicted of assault, prosecutors must prove:
You acted willfully and with the knowledge that physical force could be used
You were aware the other party believed you would use force against them
You could use force
Assault and battery carry different penalties. If convicted of assault, you face a fine of up to $1,000, up to 6 months in county jail, or a combination of the two. Battery convictions are steeper, with fines up to $2,000. A battery conviction may also bring up to 6 months in county jail.
Assault With a Deadly Weapon
Needless to say, assault with a deadly weapon is a prime example of serious and violent crimes offense. Using a deadly weapon like a firearm or other instrument during the act of assault brings charges of assault with a deadly weapon. If you’re convicted of assault with a deadly weapon, you face serious penalties, including 2, 3, or 4 years in state prison and fines up to $10,000.
If you commit assault with a semiautomatic firearm, you face up to 9 years in state prison. After conviction, the court will confiscate any weapon you owned that was used in the commission of the crime. Don’t wait or spend time researching options online, immediately contact one of the best – Mariya Melkonyan, a Los Angeles violent crime lawyer. Her team can evaluate your case and prepare a sound defense strategy.
Kidnapping
Kidnapping, by law, is defined as moving someone a significant distance against their will, by force or use of fear, and is classified in the category of serious and violent crimes in California, kidnapping is a punishable felony offense under PC §207(a), with conviction resulting in up to 8 years in state prison.
If your kidnapping crime involves:
A child under 14
A demand for ransom
Causing serious bodily harm or death to the victim
Kidnapping as part of a carjacking
Another violent crime
You can be charged with aggravated kidnapping which is an elevated felony offense, punishable by life in prison. If you’ve been charged with kidnapping, contact Mariya Melkonyan, a top Los Angeles violent crime lawyer. Her team can evaluate your case and prepare a sound defense strategy.
Murder
California defines murder in PC 187 as the unlawful killing of another human being with malice. You can be charged with first or second-degree murder or manslaughter if you’re involved in someone’s death.
First-degree murder includes all premeditated killings and felony murder charges when a death occurs during an armed robbery, rape, or carjacking. Punishments for first-degree murder are 25 years to life in prison.
You may face life in prison with no parole or capital punishment if the killing involved special circumstances like torture, lying in wait, or using destructive devices.
Second-degree murder charges are brought for all other cases of murder without the involvement of premeditation. This charge carries a prison sentence of 15 years to life.
Manslaughter is defined by California PC 192 as a less serious form of homicide. Manslaughter charges are separated into two categories: voluntary and involuntary manslaughter. Voluntary manslaughter includes unplanned, heat-of-the-moment killing with penalties of up to 11 years in prison.
Involuntary manslaughter is charged when there is a conscious disregard for life that results in an unintended death. Punishment for involuntary manslaughter is up to 4 years in prison.
Vehicular manslaughter is the unintentional killing of a person in a vehicle accident. This is a wobbler offense, meaning the prosecutor has the discretion to charge it as a felony or misdemeanor.
The circumstance of the accident and the criminal history of the defendant contributed to the prosecutor’s decision. Under PC 191 felony vehicular manslaughter carries a sentence of 2 to 10 years in prison while misdemeanor charges result in up to one year in jail.
We don’t need to tell you that all forms of murder are considered serious and violent crimes. If you’ve been charged with such crimes, the first thing to do is to hire an experienced attorney to defend you and to not speak with the police without your legal team in the same room.
Attempted Murder
Attempted murder is also a serious offense in California, and is prosecuted as violent under California’s Three-Strikes Law. Attempted crimes are governed by PC 664, which indicates that if the conviction of the crime that you attempted is punishable by time in state prison.
You can serve up to half the available prison sentence for the attempt. For more information on murder and attempted murder charges in California, refer to our homicide page.
Los Angeles Violent Crime Lawyer – Mariya Melkonyan
If you or a loved one is charged with serious and violent crimes, the sooner an experienced attorney can get involved in your case, the better chances you have for the best possible outcome. Contact Mariya Melkonyan, a top Los Angeles violent crime lawyer. Mariya can help you through the process, create a solid defense strategy, and fight for you in court.
Our firm knows how important it is to build a defense strategy as quickly as possible. We want to help you minimize the impact of these charges in your life. Contact us today for a free consultation.
Other Criminal Defense Services from The Law Offices of Mariya Melkonyan
Contact Defense Attorney Mariya Melkonyan. Find Out If Your Case Qualifies For Expungement or Dismissal.
The consequences of a criminal conviction are more serious than most people realize. A misdemeanor or felony conviction can limit your opportunities in life. It is important to know that many crimes can be expunged if you meet certain qualifications of your conviction.
Mariya Melkonyan can talk to you about your options based on the details surrounding your arrest and conviction in a free consultation.
What are Expungements and Dismissals?
California law allows a person to petition the court to clean their criminal record in an expungement. Defendants file an expungement application to withdraw a guilty or no contest plea, enter a plea of not guilty, or have their case dismissed. The application can be made on your own, through an attorney, or your probation officer.
The court will decide to either:
Let the defendant withdraw a guilty or no contest plea and replace it with a plea of not guilty
Set aside the guilty verdict if the defendant is already convicted
In both cases, the accusations against the defendant are dismissed. This releases the defendant and cancels any remaining penalties. Expungements help individuals clear their criminal records.
An expunged conviction isn’t disclosed on an employment application. You are allowed to check “no” if asked about prior convictions and don’t have to disclose it once offered a job. However, you need to disclose an expunged conviction on an application for a position in public office.
An expunged record won’t show up in a background check. Many individuals with convictions are denied loans or credit cards as a result of their criminal background history, but an expungement or dismissal of your case lets you have a fresh start.
Who Can Apply for an Expungement?
Many crimes can be expunged from your criminal records if you meet these criteria under PC 1203.4:
You were convicted of a felony (wobbler) or misdemeanor and were given probation, fined, or went to county jail.
You finished your probation, meaning that you have completed all the court-ordered conditions such as community service and classes.
While on probation, you have not committed any other violations or crimes.
You are not on probation or facing another charge.
What Convictions Can’t Be Erased from Your Record?
Certain crimes cannot be expunged, meaning that even when you complete your parole or probation conditions, the charges and conviction will remain in your record. Under California law, your conviction cannot be expunged if you served time in state prison or were convicted in a federal court.
California does not allow expungements for crimes such as:
Sexual crimes against minors such as sodomy with a minor under the age of 18 and lewd or lascivious acts with a child under the age of 14
Unlawful sexual relations with minors under the age of 18 if the adult is over the age of 18 as defined by the statutory rape law
Violations of Vehicle Code 42001, including municipal ordinance infractions and pedestrian offenses.
How Long Does the Process Take?
Expunging your record is complex. If you file the wrong information or make errors, the application will be denied. An experienced criminal defense attorney can help you complete the appropriate forms for your case and represent you in court to improve your chances of expungement.
The expungement forms you need depend on your case. For example, under California PC 1203.4, an individual charged with a misdemeanor can file to dismiss only if they’ve completed probation. Otherwise, you’ll first have to file to terminate your probation.
Felonies must be reduced to misdemeanors by the court before they are eligible for expungement—the defendant files to reduce their charges to a misdemeanor under California PC 17b. Once the charge is reduced, the defendant then files for expungement.
After completed paperwork is filed with the court, there will be an expungement hearing. Your defense attorney and the prosecutor will be present, and the judge will determine your case. If your petition for expungement is denied, you are allowed to refile. If the petition is granted, your criminal record can be sealed and is no longer visible to the public.
Motions for Dismissal
You can clear your criminal record by filing a Factual Innocence Motion. This procedure lets you petition the court to destroy or seal your criminal record if you’ve been falsely accused.
This motion only applies to individuals who meet these qualifications:
You were arrested but never charged for the crime
Any charges against you were eventually dismissed
You were found not guilty after you went to trial
If you meet these qualifications and the judge grants your motion, your criminal record will be sealed and destroyed.
Motion of Withdrawal of Plea
You may be able to reverse your guilty plea through the Motion of Withdrawal. In California, defendants are allowed to file this motion any time before they’re sentenced. This motion may also be filed within 6 months of the verdict.
A withdrawal of plea can be filed by the defendant if:
Their attorney didn’t advise them of their constitutional rights
They didn’t have a lawyer representing them
Their lawyer failed to provide adequate service
They didn’t realize the impact of the guilty plea on their immigration status
They didn’t realize they’d be responsible for fines and other penalties
A plea bargain with the prosecution was violated
Meet with a California Expungement Attorney
A criminal record follows you for the rest of your life and can prevent you from finding employment, qualifying for a mortgage, and obtaining state professional licenses in California. A criminal record also affects your personal reputation.
Instead of letting mistakes harm your prospects, consider contacting a criminal defense attorney to advise you of your rights. The team at the Melkonyan Firm will work hard to help you clean up your criminal record and apply for expungement or dismissals where possible. Contact us today for a free evaluation of your case.
Felony Case Defense Attorney Los Angeles
Charged With A Felony Case? Speak With The Law Offices Of Mariya Melkonyan Today!
You face serious consequences if charged with a felony crime in California. A felony conviction is punishable with jail time, including a life sentence with or without the possibility of parole. In California, you could also face the death penalty if charged with a felony crime.
Hiring the right California felony case defense attorney for your case is critical because of the serious and complex nature of felony crimes. Your future is at stake with the outcome of your case. Mariya Melkonyan understands the felony legal process, and her previous experience as a Deputy District Attorney gives her the knowledge and skills to take on your case. She will work with you to gather evidence and fight for your best outcome.
Felony Case Defense Basics
In California law, a felony is any crime where you can be sentenced to imprisonment for more than one year; it is a more serious crime and carries harsher penalties than misdemeanors. In misdemeanor cases, defendants can only be jailed for up to 1 year.
Under California Penal Code 17, a felony is punishable by death in the most serious cases. Felony convictions also carry fines of up to $10,000. If you’re convicted of a felony, you may face years of jail time, fines, or a combination of the two. Don’t wait, contact Mariya Melkonyan a top felony case defense attorney in Los Angeles.
There are two main types of felony charges in California. You may be charged with a straight felony, or the prosecutor may decide to bring felony charges in a wobbler case.
Straight Felonies
A straight felony is a crime that can only be charged and sentenced as a felony. The crime can never be charged as a misdemeanor or have charges reduced to a misdemeanor offense. In California, most serious crimes are straight felony crimes. Common straight felonies in California include:
If charged with a felony, you will face years in jail and fines up to $10,000. These felony crimes count as a strike in California’s Three Strikes Law. You may also face felony probation. Contact Mariya Melkonyan and let her build a solid felony case defense for you.
Wobbler Felonies
In California, some crimes, called Wobblers, can be charged as a misdemeanor or a felony. Whether you’ll be charged with a misdemeanor or a felony is up to the prosecutor’s discretion.
The prosecutor bases their decision on the circumstances and facts of the case and mitigating factors like a defendant’s criminal history.
Most common California Wobbler felonies include:
Vehicular manslaughter
Second Degree Burglary
Assault with a Deadly Weapon
Domestic Violence
Forgery
Vandalism
Sexual Battery
Burglary
Grand Theft
Carrying a loaded firearm in public
If the prosecutor decides to charge you with a misdemeanor, you can face up to 1 year in county jail. If charged with a felony, you will face up to 3 years in jail.
Felony Case Sentences
Felonies carry low, middle, and high prison sentences. Some California state criminal statutes set specific terms for sentencing. For example, the felony charge of first-degree burglary is punishable by the low term of 2 years, the middle term of 4 years, or the high term of 6 years in a state jail.
If there are no sentencing guidelines in the felony criminal statute, a judge will sentence you to a jail term of 16 months, 2 years, or 3 years in county jail. In general, felony offenders in California are sentenced to the middle term. High terms are only handed down when aggravating factors like weapons used in the crime or if the crime is extremely violent.
Felony Case Probation and Parole
Judges in California have the option of converting part or all of a felony conviction into a felony or formal probation. Formal probation lets offenders serve out their sentences with the supervision of a probation office instead of in jail. Offenders will have to check in with their probation officer and follow other conditions like drug testing or counseling. If the offender violates probation, they will be sent to jail.
Recently, Governor Newsom signed AB 1950, a law changing the terms of probation in California. Since January 2021, all felony convictions limit probation to 2 years.
If you’ve been convicted of a felony in California, you may be eligible for parole. Parole laws only apply when you’re sentenced to state prison and have completed your sentence or been granted early release.
Most Common Felonies in California
Statewide, violent crimes make up 37% and the biggest share of felony arrests. California’s most common violent crime arrests are assaults at 75%, followed by robbery at 14%. Other violent crimes such as kidnapping, rape, and homicide account for 3% or less of felony arrests in California.
Property crimes like theft, burglary, and vehicle theft account for 19% of all felony arrests in the state. The remainder of felony arrests is for drug charges and warrants.
Consequences of a Felony Case Conviction
A felony case conviction not only affects your jail time but your quality of life, including your employment and civil rights.
Lack of Employment Opportunities
Applicants in California must disclose certain convictions, including felonies. Those who do not comply may not be hired or may be fired by the employer later on. An employer has every right to decline your application based on a prior conviction, but if they do so, this may violate Title VII of the Civil Rights Act of 1964 as they could base their rejection on stereotyped thinking and on race and/or gender.
A felony conviction can be a barrier to getting a professional license, but only if it is tied to your job responsibilities. A nurse or a real estate agent could have their licenses revoked if they had prior felonies. A criminal conviction on the federal level can lead to losing a license, such as one for customs brokers or an export permit.
Loss of Civil Rights From a Felony Case Conviction
In California, unless the judge has placed you under probation with an order that your term of imprisonment is one year or less in county jail, then you will lose your eligibility to vote if you have a felony conviction or are on parole. You cannot vote if you are still serving your sentence at the time of an election because of California’s Realignment law.
Travel Restrictions
The majority of criminal sentences are supervised at all times, requiring the parolee to obtain permission from their officer before traveling over 50 miles from their home. They must also get a travel pass from their parole officer if they plan to travel outside their county of residence for more than two days.
If you have been convicted of a felony drug charge, not only can it prohibit you from getting your passport, but previously issued passports may also be canceled. Many countries, including Canada and Australia, restrict those with a criminal history from entering without the proper documentation.
Why You Need a Felony Case Defense Attorney
If you have been charged with a felony case in California, it is important to understand how the law works and what rights you are entitled to. The penalties and consequences can be severe, and a skilled lawyer can help you through the legal process.
Access to Legal Guidance
When dealing with a felony case, it is important to work with an experienced felony criminal defense attorney who understands the nuances of local laws. They can answer questions about the legal process, from the charges filed to how to dress and present yourself in court.
Many lawyers understand that going through the legal process can be stressful and complex for people facing charges on a felony case. Choosing to work with Mariya Melkonyan will give you peace of mind, knowing that a seasoned legal professional is handling your case. Searching for a top federal criminal lawyer near me on Google; simply call our office and schedule a free consultation.
Create Legal Defense Strategies For a Felony Case
An experienced felony case defense attorney can help build a solid defense for your case while keeping your best interests in mind at all times. Depending on the charges and the details of your case, they can negotiate with the prosecution on your behalf for less time served in jail if you plead guilty or craft a defense to support a not-guilty plea.
Gather Evidence on Your Behalf
They can gather the evidence and witness statements needed to provide testimony for your case. Witnesses may feel uncomfortable talking with a felony case defense lawyer at first, but a compassionate criminal defense attorney can put them at ease and ask insightful questions that get the necessary information for your felony case.
Reach Out to Our Felony Case Defense Lawyers
If you face charges on a felony case, then you must speak with an attorney as soon as possible. The Melkonyan Firm offers a free consultation to help people make informed decisions about their legal options and what they can expect from the California criminal justice system when it comes to felony case convictions. Contact our law firm today for a free consultation.
Other Criminal Defense Services from The Law Offices of Mariya Melkonyan
Our Criminal Defense Attorneys Can Help Keep Your Child From Being Tried As An Adult.
If you’ve been arrested as an adult, you know how scary it can be. For children, it can be an even worse experience. They may not understand what they did wrong or what will happen to them. In California, children under the age of 18 are prosecuted in a separate justice system.
The juvenile court system in California offers minors more lenient punishments than time in prison. This is why it’s critical to hire an experienced juvenile crimes defense attorney.
Minors charged with juvenile crimes need an experienced attorney to help protect their rights. The team at the Melkonyan Firm will fight to keep your case in juvenile court. We will argue against the detainment of your child and work hard to find treatment and rehabilitation options instead of jail time. Call the Melkonyan Firm today to learn how we can help your family.
Overview of Juvenile Crimes in CA
Minors who are charged with juvenile crimes and misdemeanors in California are tried in Juvenile Delinquency Court. The juvenile court system is separate from the California criminal court system. It’s a civil court system, and its role is to adjudicate cases.
The probation department or the district attorney’s office files a petition in California juvenile court, and a judge hears the case. While there are defense attorneys and prosecutors present, there is no jury. A judge will not find the minor defendant “guilty” or “not guilty.” Instead, if the judge believes the minor is guilty beyond a reasonable doubt, the judge “sustains the petition” and the result is an “adjudication.”
Under California’s Welfare and Institutions Code 602 WIC, minors between the ages of 12 to 17 charged with a juvenile crime are tried through this system. Occasionally the court sees a case with a defendant under the age of 12 if they’ve been charged with a serious crime like murder or crimes involving a gun.
Parents have a right to see a copy of their child’s petition so they can understand the charges. After receiving the petition, you will get a notice informing you of the first court hearing, called the detention hearing.
The detention hearing is where the judge determines if your child is allowed to return home before the next hearing or has to be detained in custody. You may also have a transfer hearing to determine whether your child should be tried as an adult. This only occurs in cases where the minor is 14 years or older at the time of the crime and is decided by the judge. If the judge believes your child is unfit for juvenile court, they will be transferred to an adult court.
The jurisdiction hearing for juvenile crimes cases is where the judge hears the evidence and decides if your child committed the crime. Your lawyer helps your child prepare for this hearing and will be in court to present their defense.
If the judge believes your child is guilty of the crime, they “sustain the petition” and hand out any punishment in a disposition hearing. This hearing may be held directly after the jurisdiction hearing or at a later date. Any victims of the crime are allowed to attend and give statements during the disposition hearing.
As punishment, the judge at the disposition hearing will hand out one of the following decisions:
Your child will not be detained. They stay at home and have up to 6 months of probation supervision
Placement of your child into formal supervision with a probation officer
Probation is issued, and your child is moved, either to a family member’s home, into the foster care system, or another institution
Your child may be sent to a specialized probation camp
Your child may be detained through the Division of Juvenile Justice
The judge may order parents or guardians to attend parenting training counseling
Finally, there are review hearings to evaluate how the child is progressing in their placement or treatment. Parents are required to attend all hearings.
If it’s determined that your child did not commit the crime because there is insufficient evidence, they can be released and will be allowed to return home.
601 and 602 Petitions For Juvenile Crimes
The District Attorney files a petition to move the case into a court hearing when a youth is charged with a crime. A petition lists the juvenile and their parents or guardians’ contact information as well as the charges against the juvenile. There are two types of petitions:
Petition 601
The probation court can file this petition when a child runs away from home, commits truancy, or violates their curfew. If the judge finds the petition true, the child becomes a “status offender” and becomes a ward of the court.
Petition 602
The District Attorney’s office files this petition if a child committed a crime as though they were an adult at 18 years old or older and has committed a felony such as a car theft or a misdemeanor-like assault. If the judge finds the petition true, the child becomes a ward of the court as a “delinquent.” Section 602 of the California Welfare and Institutions Code grants the juvenile court authority to hear these matters.
The juvenile court will attempt to resolve the case unless the juvenile has been charged with a felony that requires the case to be transferred to adult court. In these juvenile procedures, a judge will determine whether the juvenile committed the offense and impose sentences.
When a Juvenile Can Be Tried as an Adult in California
A transfer hearing may be held for juveniles aged 16 or 17 accused of a violation under Section 707(b). This type of proceeding will determine whether the juvenile should move on to the adult court after considering the following factors:
Level of criminal sophistication
Background of juvenile delinquency
Whether the juvenile can attend rehabilitation
Successful rehabilitations in the past
The seriousness of the offense and its circumstances
Additional factors including the juvenile’s involvement in the crime and their mental and emotional state
Juveniles may be tried in adult court for some of the following serious and violent crimes listed in Section 707(b):
Robbery
Arson
Murder
Attempted murder
Carjacking
Kidnapping for ransom
Assault by any force that causes bodily injury
Firearm discharge into an occupied or inhabited building
What are the Penalties for Juvenile Crimes in California?
Juvenile crimes may not seem as serious as adult crimes, but the punishments can be severe. Juveniles can suffer penalties such as:
Court supervision
Probation
Detainment in a correctional facility or youth camp
Penalties for Juvenile Crimes In California
If a juvenile is convicted under any crime listed in Section 707 (b), their case goes forward as though they were an adult. The most serious sentence a juvenile may face is being committed to the California Youth Authority (CYA), a California Department of Corrections Facility, until age 25. Transferring to an adult facility occurs when there is more time to serve after the age of 25.
Charged With Juvenile Crimes? Call For a Free Case Evaluation
If your child has been arrested, you may feel overwhelmed, unsure of what to do next, and fearful of the consequences your child may face if convicted. The Law Offices of Mariya Melkonyan will help you understand your child’s legal rights and the potential penalties for their actions.
We can develop strategic legal defenses for your child’s case to help keep your child at home. We will argue against the detainment of your child in favor of treatment or rehabilitation options at all costs. Contact our law firm for a free consultation to help you protect your child’s rights.
Federal Crimes Legal Defense
Contact Former Deputy District Attorney, Mariya Melkonyan For A Free Consultation Today!
The prosecution of federal fraud charges could result in harsh punishments, including fines and imprisonment, depending on the severity of the charges. Federal prosecutors take fraud seriously, which means if you are accused of a federal fraud charge, you need to speak with an experienced California attorney immediately.
You need an attorney with experience in criminal defense who can help you understand your legal rights and defend you against these charges. Our founding attorney, Mariya Melkonyan, can work on your behalf to ensure all defenses are explored thoroughly to achieve the best outcome for your case.
Prosecution For a Federal Crimes Cases
Federal crimes are offenses that violate U.S. federal laws. These crimes are prosecuted by United States government agencies like the Federal Bureau of Investigation (FBI).
The case will move through the federal court system instead of through state court. If charged with a federal crime, you will face a federal judge and be prosecuted by a U.S. Attorney. If convicted, you will be under the authority of the Federal Bureau of Prisons and serve any sentence in a federal facility.
Sentencing for Federal Fraud Crimes
If you’re convicted of federal crimes, you’ll face tough penalties. Common federal fraud crimes have harsh sentences of up to 30 years in prison, and you may face fines of up to $1,000,000 for each fraud charge.
Common federal fraud charges are:
Bank Fraud
Wire Fraud
False Statements to Financial Institutions
Conspiracy to Commit Fraud
Wire fraud, bank fraud, and making false statements each come with up to 30 years and $1,000,000 in fines per offense. If you’re charged with more than one count, you’ll face additional jail time and fines.
If you are convicted of conspiracy charges, you’re sentenced as if you committed the crime. For example, you will be sentenced using the bank fraud guidelines if you’re found guilty of conspiracy to commit bank fraud. You don’t have to commit the crime of bank fraud to be convicted of conspiracy.
Paycheck Protection Program and Small Business Administration Loan Fraud
Federal loan fraud cases are a perfect example of federal crimes. Fraud occurs when a person makes false statements to obtain a loan through a federal agency or any other federally insured financial institution.
False statements include:
Falsifying payroll documentation
Creating fake tax documents
Using stolen identities to apply
Falsely claiming to be the business owner
Paycheck Protection Program (PPP)
The PPP was established during the COVID-19 crisis to help businesses meet payroll demands and protect their employees. Government-backed loans were issued through SBA-approved lenders to small businesses.
Small Business Association Loans
The Small Business Administration (SBA) provides loans and other services to small businesses throughout the United States. Usually, the SBA does not lend money directly; they work with local banks and institutions to make it easier for lenders to access loans.
During times of crisis, the SBA provides direct funding through loans and grants to small businesses. The SBA investigates fraud through their Office of the Inspector General.
Fraudulently obtaining federal loans from the Small Business Administration or through the Paycheck Protection Program is considered a federal crime. You may be charged with a combination of federal crimes, including bank fraud, wire fraud, making false statements to financial institutions, or conspiracy to commit fraud.
If you’re convicted of a federal loan fraud charge, you will face time in federal prison and be forced to pay steep fines. You can be imprisoned for up to 30 years and face fines up to $1,000,000 or a combination of the two for such federal crimes cases.
Healthcare Fraud
You could be charged with criminal health care fraud under the U.S. Code 1347 if you knowingly and deliberately carry out, or try to carry out, a scheme to defraud any healthcare program, including Medicare and Medicaid. Falsifying bills to submit to Medicare and overbilling a patient for healthcare services are all considered healthcare fraud.
Other healthcare fraud offenses that can be brought forward against you can include:
Anti-Kickback Statute
It is illegal for the defendant to purposefully give or receive anything of value for a referral from Medicare or Medicaid.
False Claims Act
The defendant intentionally and willfully took steps to get paid for false or fraudulent claims. The government can also file a civil lawsuit and permit private citizens or whistleblowers to sue on the government’s behalf.
Stark Law – Physician Self-Referral Law
Self-referral offenses require proof that the defendant referred to themselves and an entity they have a financial relationship with and filed it through the latter’s services resulting from said referral. The financial relationship covers direct or indirect ownership of investments and immediate family financial involvement. Even unintentional violations might result in severe civil fines for a medical practitioner.
ATM Fraud
Penalties for ATM Fraud can vary based on whether you are charged at the state or federal level and the specific crimes you are charged with. You may be charged with:
Larceny
The crime of larceny is usually treated as a state offense. According to California’s PC 502.6, people who use a scanning device to access a payment card may face county jail time of up to one year and/or a fine of $1,000.
If you use the information from the credit/debit card from an ATM skimmer, you may face prosecution under a slew of California credit card and debit card fraud crimes, including publishing credit card information and fraudulent use of a credit card.
Identity Theft
The act of using illegally obtained identifying papers or information is a crime under 18 U.S. Code Section 1028. If you’ve been a victim of identity theft, report it immediately and learn how to protect your information.
Wire Fraud
It is illegal to carry out any scheme of fraud or deception that involves the use of wire, radio, or television transmissions, according to 18 U.S. Code Section 1343.
Bank Fraud
A plan or deception intended to gain money from a financial institution is punishable under U.S. Code 1344. Bank fraud also falls under the federal crimes category.
Tax Fraud/Evasion
A person or business that intentionally provides false information on their tax return to lower the amount of taxes they owe is committing tax fraud. This includes:
Not reporting all income
Using a false social security number
Deducting personal expenses as business expenses
Claiming other false deductions
Tax evasion and avoiding payment are other forms of tax fraud; which are all federal crimes. Falsifying or leaving out information in your taxes is illegal and also falls under the category of federal crimes. If you commit this crime the IRS helps federal prosecutors bring charges and you’ll face penalties under 26 U.S. Code § 7201 of up to $500,000 and up to 5 years in federal prison.
Money Laundering
To be charged with money laundering under 18 U.S.C. § 1956(a)(1), you must be aware that you are conducting or attempting to conduct a transaction in which the involved property results from illegal activity. The defendant must have acted with one of four specific intents:
Intent to carry on unlawful activity
Intent to engage in tax fraud or evasion
Awareness that transaction was intended to conceal the source of unlawful proceeds
Designing a transaction with the intent to avoid financial reporting required by Federal or State law
Money laundering prosecuted as a misdemeanor can result in court fines and up to 1 year in county jail. When prosecuted as a felony, you could face up to 3 years in state prison and a maximum fine of $250,000 or double the amount of money laundered, whichever is higher.
SEC Violations
The U.S. Securities and Exchange Commission primarily enforces laws surrounding stock market manipulation. The SEC has the power to charge individuals with violating federal securities laws, however, these investigations are civil, not criminal. Penalties can include monetary fines, repayment of illegally obtained funds, and restrictions on an individual’s ability to work within the securities industry.
Work with an Expert Criminal Defense Attorney
Federal crimes charges can have a devastating impact on your professional reputation and personal life. At The Law Offices Of Mariya Melkonyan, we understand the nature of these cases, which require experience and skill to build a strong defense strategy on your behalf.
Work With Top State Fraud Defense Firm – The Law Offices of Mariya Melkonyan!
White-collar crimes are typically investigated by multiple federal agencies, including the FBI, SEC, and IRS.
These cases usually involve extensive evidence collection with federal and state agencies combing through many years’ worth of financial statements, phone records, and other banking documents. These agencies use various tactics to gather the information needed to incriminate the target of the investigation.
The Law Offices of Mariya Melkonyan provide legal services for anyone in need of experienced white collar crime attorney services. Call for a free case review today: 424-901-3131.
Insurance Fraud
Insurance fraud is when you change your insurance policy information to get unjustified benefits, as described in California Insurance Code Section 1871. The California PC 550(a)(1) makes it illegal to file false claims to an insurance company knowingly, whereas the California PC 550(b)(1) forbids making any lies or misrepresentations in your claims.
There are various types of insurance fraud that are punishable under several California laws.
Automobile Insurance Fraud
You are violating California motor vehicle insurance fraud laws if you inflate your claim costs or stage an accident in an attempt to receive more money from an auto insurance company.
Several laws govern California automobile insurance fraud crimes under California’s PC Sections 548–551. This includes purposely causing an accident or loss to receive compensation and filing multiple claims on one incident. You are also committing fraud when knowingly providing false information to secure payment from your auto insurance company.
Unemployment Insurance Fraud
Unemployment fraud is not allowed under the Unemployment Insurance Code 2101 and PC Section 550. This crime occurs when someone takes advantage of unemployment benefits, such as working while receiving them or collecting other types of compensation without reporting it.
Workers’ Compensation Fraud
Workers’ compensation covers an employee’s expenses if they suffer a workplace injury or illness. It’s considered a state crime under California Insurance Code 1871.4 to make false statements to receive workers’ compensation benefits or to aid someone else in receiving these benefits when they are ineligible.
Identity Theft
Identity theft is defined by PC 530.5 as the fraudulent acquisition of another person’s personal identifying information for your own use. This crime violates not only the fraud code but also identity theft and forgery codes.
False Impersonation
Falsely impersonating someone in a private or personal capacity and making the other person liable for crimes or money is illegal under PC 529. This can include signing a document in their name or receiving benefits using that person’s identity.
Possessing a Fraudulent Public Seal, Forging, and Counterfeiting
Forging, counterfeiting, or possessing a fraudulent public seal is unlawful under PC 472. Forging a public seal of a police department or any other form of government organization is also prohibited.
Medical Fraud Crimes (Penal Code 550 PC)
It’s a crime when physicians, medical staff, or patients intentionally submit false claims to insurance companies or government agencies. This happens when doctors or medical staff bill companies or agencies for unnecessary services. It also occurs when they upcode claims, charging for more expensive procedures or procedures the patient did not receive.
Patients can also commit medical fraud by submitting fraudulent insurance claims. This includes submitting multiple claims for the same treatment and making false statements in a medical insurance claim.
Health insurance fraud may be charged as a felony or a misdemeanor in California based on the amount of fraud that’s occurred. A felony conviction will put a defendant in prison for 2, 3, or 5 years and a fine of $50,000 or double the amount of the fraud. You will be fined whichever amount is higher.
If the claim involved in the fraud is valued at $950 or less, the defendant faces more lenient charges. In this scenario, the defendant faces up to six months in county jail and a fine of up to $1,000. More information about California medical fraud crimes and associated penal codes.
Bank Fraud Crimes (Penal Code 476 PC)
Bank fraud occurs when a person uses illegal means or false representation to receive money or assets from a bank or financial institution. Under California law, bank fraud also refers to the attempt to obtain or divert money from a bank’s depositors by impersonating a bank or financial institution.
Bank Impersonation
Charges of bank impersonation occur if you pretend to be a financial institution by setting up a company or website to persuade others into depositing funds. Convictions of bank impersonation may include fines and up to 1 year in county jail.
Forgery and Counterfeiting
California law makes it a crime to falsify a signature or alter certain documents. This includes signing someone else’s name on a document, altering or falsifying records such as a last will and testament, and creating counterfeit documents like money orders, checks, or bonds. Forgery is punishable with up to 1 year in county jail. Counterfeiting convictions lead to sentences of 2, 3, or 4 years of imprisonment.
Check Fraud
Check fraud is a type of forgery. Under California PC 476, it’s illegal to possess, make, use of, or pass a fraudulent or altered check. Attempting to pass or use a fraudulent check is also a crime. Check fraud is a wobbler offense meaning the prosecutor decides whether to charge you with a misdemeanor or a felony offense.
Due to a new sentencing guideline in California, the current punishment for felony check fraud is 16 months, 2, or 3 years in county jail. A misdemeanor check fraud conviction imprisons defendants for up to 1 year in county jail.
Loan Fraud
A person who takes out a loan or mortgage under false pretenses will be charged with loan fraud in California. This includes using fake documents, forging information, misrepresenting assets, or using a false identity.
Under California PC 532, defendants convicted of misdemeanor mortgage or loan fraud face up to 1 year in county jail. Felony sentences are steeper; you could face a fine of up to $10,000 and/or 16 months, 2 years, or 3 years in state prison.
Bank fraud cases that are more complex or involve a large number of victims will receive harsher penalties. The severity of the penalty also depends on the monetary value you obtained. You’ll face harsher penalties if your victims are from a protected class like the elderly or disabled communities.
Money Laundering Fraud Crimes
Money laundering refers to disguising income from an illegal source as being made legitimately. An example of this practice is making money from drug trafficking that you funnel through a business front to avoid attracting attention from the bank or government. If you have been charged with money laundering, contact The Law Offices of Mariya Melkonyan, federal white collar criminal defense firm.
Money laundering in California is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony. Under PC Section 186.10, you may receive up to 1 year in county jail and court fines if you’re charged with a misdemeanor. If you’re charged with a felony, money laundering in California can result in up to 4 years in county jail and a maximum fine of $250,000 or double the amount of money laundered (whatever is higher).
Tax Evasion
It is illegal to intentionally pay less in taxes than what you owe. In California, this is called tax evasion, and it occurs when you under-report your income, lie on your tax return, or don’t file a tax return. This applies to misrepresentation of all income, purchases, and winnings from the lottery or gambling. California’s Revenue and Tax Code Sections 19705 and 19706 prohibit the misrepresentation and fraudulent information on personal and corporate tax returns.
Penalties for tax evasion in California include up to 1 year in a county jail or state prison and fines of up to $50,000. California may require that you pay back taxes and place a lien on your property until you make payment. If you do not pay the back taxes you owe, the state can eventually seize your property.
Contact a California Fraud Crimes Defense Attorney
There are severe penalties for committing state fraud in California. The amount of money involved in the fraudulent crime leads to harsher prison sentences and tens of thousands of dollars in fines. If you’ve been charged with fraud, you need an experienced lawyer in your corner. The Law Offices of Mariya Melkonyan will review your case and put together a strong legal defense to achieve the best possible outcome.
For more information about Los Angeles fraud crimes defense, schedule a free one-on-one consultation with Mariya Melkonyan at The Law Offices of Mariya Melkonyan. Our offices are located at 450 North Brand Blvd. Suite 600 Glendale, CA 91203. If you or a loved one are charged with any type of state or federal fraud crime, don’t hesitate to call Mariya directly as well at (424) 901-3131.
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Contact Former Deputy District Attorney, Mariya Melkonyan For A Free Consultation Today!
If you are charged with homicide in Los Angeles or nearing counties, you may face severe legal consequences. Once you are charged, you can expect the prosecution to investigate every aspect of the case, including searching your property, interviewing your friends and family, and digging through your employment records and internet searches. This may all occur while you are being held in custody and subject to police interrogation.
With the right homicide legal defense team, you can give yourself the best chance of having your charges reduced or dismissed, or at least lessen your final sentence.
Mariya Melkoyan is an experienced homicide legal defense attorney in Los Angeles with over ten years of experience as a Deputy District Attorney. She has a deep understanding of how homicides are prosecuted and can anticipate how best to defend you during proceedings for your criminal case.
Types of Homicide Charges
Homicide refers to the action of the killing of another person, lawfully or unlawfully. In California, several different homicide charges can be brought against you, depending on the circumstances of the case.
These charges include first-degree murder, second-degree murder, capital murder, voluntary manslaughter, involuntary manslaughter, and vehicular manslaughter. Murder is defined by Penal Code 187 PC as “the unlawful killing of a human being or fetus with malice aforethought.”
First-Degree Murder
First-degree murder refers to the premeditated, deliberate, and willful killing of another person. A basic example of first-degree murder is a man fired from work, goes out and buys a gun, then shoots and kills his boss.
In California, first-degree murder can also include situations where the person who commits the murder wears an explosive device, uses poison or a weapon of mass destruction, or uses armor-piercing ammunition in the killing. Additionally, first-degree murder charges can be applied if the victim was tortured before the murder or if the victim was killed under the “felony murder rule,” meaning they were killed while the defendant was committing a non-homicide-related felony.
First-degree murder carries the possibility of 25 years to life in the state prison. In the case of a murder resulting from a hate crime, this includes life without parole.
Second-Degree Murder
Second-degree murder refers to killing another person willfully without premeditation. This means the murder was not planned ahead of time, but it was still based on willful action. An example of this type of murder is if you get into a fight while intoxicated and knock the other person to the ground, causing them to hit their head and die due to the impact. Another example would be shooting a gun into a crowd and killing someone in a spur-of-the-moment decision.
The “felony murder rule” also applies to second-degree murder. To be charged with second-degree murder, the victim must have died during the commission of a felony that is inherently dangerous, meaning that a reasonable person would expect serious injury or death to result from the felony. Second-degree murder charges also result from murders that don’t meet the criteria of first-degree but are still willful homicides.
Second-degree murder carries a possible sentence of 15 years to life, with modifications arising based on your criminal record, whether or not a firearm was involved, or if someone in law enforcement was killed. These are serious charges and having a rock-solid homicide legal defense team on your side is key.
Capital Murder
Capital murder charges are reserved for a murder committed with special circumstances. Capital murder carries the possibility of the death penalty and life without parole, making it one of the most severe charges. There are about 20 “special circumstances” which allow the prosecution to charge you with capital murder, including:
Murder of a public servant (judge, prosecutor, police officer, etc.)
Murder of a witness to prevent them from testifying
Murder committed in a hate crime
Murdering committed for financial gain
Murder committed using poison
Murdering in a particularly heinous, cruel, or depraved manner
A capital murder example is a woman who kills her husband by poisoning him so that she can get his life insurance money or a man who kills the prosecuting attorney in his criminal case.
Attempted Murder
Under California penal code 664, if the crime attempted is punishable by time in state prison or county jail, then the individual can receive one-half of the imprisonment term applicable for a conviction of that crime. If the attempted crime is punishable by life in prison, the individual may receive five, seven, or nine years in state prison for the attempt.
However, if the attempted murder is willful, premeditated, and/or deliberate, it is punishable by life in prison with a possibility of parole. Contact our homicide legal defense team if you’ve been charged with attempted murder, and have a solid criminal defense team working on your side.
Voluntary Manslaughter
Manslaughter (PC 192) is a less serious form of homicide compared to murder. Voluntary manslaughter refers to a situation where deliberate and willful actions kill a victim, but the act is not premeditated. This is typically called a crime of passion because it often occurs in situations where a defendant emotionally loses control in the moment but did not plan to kill anyone.
A typical example of voluntary manslaughter is a man who finds his wife in bed with another person, grabs a gun, and shoots them. Another example of voluntary manslaughter might be someone who shoots another person in a fit of road rage.
Voluntary manslaughter carries a possible sentence of three, six, or eleven years in state prison. Having an experienced homicide legal defense team on your side is extremely vital.
Involuntary Manslaughter
Involuntary manslaughter refers to killing another person without intention or malice but still with a conscious disregard for life. In California, this can occur if you perform a non-felony unlawful act or if a defendant is performing a legal action that has a high chance of causing bodily injury or death and acts without caution.
An example of involuntary manslaughter is a teenager who takes out their parent’s gun to show their friends, and the gun goes off, killing one of the other teenagers present. Another example might be a daycare owner who lawfully runs a daycare but fails to appropriately secure their pool in the backyard, which results in the drowning of a child under their care. In these cases, there is no intention of harm, but disregard and lack of caution caused the death of another.
Involuntary manslaughter carries a sentence of between two and four years in state prison. Don’t take a chance with an inexperienced defense team, contact our homicide legal defense attorneys today for your free consultation.
Vehicular Manslaughter
Vehicular manslaughter is a type of homicide that can be charged as a felony or misdemeanor depending on the circumstances. To be charged with vehicular manslaughter, a defendant must be in the act of driving and commit an unlawful (non-felony) maneuver, a lawful act that puts the passengers at risk for death, or knowingly cause an accident for monetary gain.
The most common example of vehicular manslaughter occurs when a defendant kills someone while operating a vehicle under the influence of alcohol or drugs but can also refer to instances such as killing a pedestrian due to distracted driving or speeding.
Vehicular manslaughter carries a maximum of ten years in prison as a felony or a maximum of one year as a misdemeanor. The Law Offices of Mariya Melkonyan are a group of experienced homicide legal defense attorneys who are ready to fight for your rights.
Homicide Legal Defense Help
If you are charged with any type of homicide case, your best chance at mitigating your sentence is by seeking legal counsel from an experienced criminal defense attorney. Contact our homicide legal defense team as soon as possible.
Mariya Melkonyan knows her way around the criminal courtroom and has experience representing clients in all types of homicide cases. She uses her 13 years as a Deputy District Attorney to anticipate the prosecution’s case against you and put up an aggressive defense on your behalf.
Ms. Melkonyan understands the emotional pressure and stress that comes with being charged with homicide and offers compassionate, fair representation so you can navigate the legal process with dignity, knowing that your basic rights as a citizen are protected.
Protect Your Rights. Contact Mariya Melkonyan
To better your chances of mitigating your sentence during a homicide investigation and legal process, work with experienced criminal defense attorney Mariya Melkonyan.
Contact Mariya at (424) 901-3131 or use our online contact form to request a free consultation. She can review your case and advise you on the best legal course of action going forward.
Domestic Violence Defense Attorney
Speak With Mariya Melkonyan and Her Team Of Domestic Violence Defense Attorneys Today!
The Law Offices of Mariya Melkonyan provide legal services for California domestic violence cases. Call or schedule a free consultation.
Choosing the right California criminal defense lawyer to represent you in court is crucial to the outcome of your case. Mariya Melkonyan understands the emotional and legal consequences of domestic violence cases from her previous experience as a Deputy District Attorney. She can build your case by gathering evidence and guiding you through the legal process.
If you have been charged with domestic violence in California, the consequences could be serious. A domestic violence conviction could result in jail time and other severe penalties such as losing custody of your child and paying fines.
California Domestic Violence Laws
California law defines domestic violence as abuse committed against a current or former intimate partner and cohabitant. Child abuse is another form of crime that can arise from Domestic Violence. California has a set of domestic violence laws that define domestic violence and the consequential punishments for those who commit these acts. Some common domestic violence offenses include:
Corporal Injury on a spouse or cohabitant
Domestic Battery
Child Abuse
These California laws also give special protections to victims of domestic violence such as spouses and ex-spouses, significant others and ex-significant others, children, and family members.
If you have been accused of a domestic violence offense under one of these laws, you need to speak with an experienced domestic violence lawyer who can help you understand your rights.
Corporal Injury on a Spouse of Cohabitant (PC 273.5)
According to Penal Code Section 273.5, it’s illegal to inflict corporal injury that results in a traumatic condition. A traumatic condition includes any minor to serious wound or bodily injury caused by physical force.
In California, it’s against the law to willfully injure any current or former spouse, cohabitant, or the parent of your child. If convicted, the defendant may face two to four years in state prison, up to one year in county jail, or fines up to $6,000.
If convicted a second time within 7 years of the first offense, defendants face an additional 2, 4, or 5 years in state jail, up to 1 year in county jail, and fines of up to $10,000.
Domestic Battery (PC 243(E)(1))
California Penal Code Section 243(e)(1) states that battery is similar to the crime of corporal injury with one distinct difference. Domestic battery does not require the defendant to inflict visible injuries.
You will be charged with battery if you inflict any force or violence against current or former spouses, cohabitants, fiance, the parent of a defendant’s child, or a relationship partner.
Battery is punishable by a fine of up to $2,000 and up to 1 year in a county jail or a combination of the two. The defendant will face probation of no less than one year and must complete a batterer’s treatment program or another court-designated counseling program.
Child Abuse (PC 273d)
According to California Penal Code Section 273d, parents in California are allowed to discipline their children. It’s legal to spank your child and use reasonable discipline that doesn’t cause injury to your child.
Willfully harming children is a felony crime in California. Child abuse includes injuring a child, using inhuman corporal punishment, and any injury resulting in a traumatic condition.
If convicted, defendants face severe punishment of 2, 4, or 6 years of imprisonment. They may face up to 1 year in county jail or fines up to $6,000 for this crime. Defendants may be punished with a combination of jail time and fines.
Domestic Violence Punishment and Sentencing
Domestic battery under PC 243(e)(1) is a misdemeanor crime. The type of punishment you face depends on the severity of the crime.
Domestic battery is punishable by up to 1 year in jail, a fine of up to $2,000, or a combination of the two.
If the defendant is granted probation, they must participate in a batterer’s treatment program for a minimum of 1 year. They must complete the program as a condition of their probation. If no program is available, they must complete another court-designated counseling program.
When Domestic Violence is a Felony
If you’re charged for inflicting corporal injury on a spouse or cohabitant under California Penal Code 273.5, the “wobbler offense,” you may be charged with a misdemeanor or a felony. The charge depends upon the prosecutor’s discretion and the circumstance of your case. If charged and convicted of a felony, you’ll face 2, 3, or 4 years in state prison and fines not exceeding $6,000. Your sentence may be increased if you caused great bodily harm or used a weapon to inflict the injury.
You can also face felony child abuse charges under California Penal Code 273d. If convicted, you’ll face a punishment of 2, 4, or 6 years in state jail, fines up to $6,000, or a combination of the two.
Additional Punishment for Domestic Violence Convictions
You face additional penalties if you’ve been previously convicted of a domestic violence offense. Jail sentences increase to 2, 4, 0r 5 years, and you may also be fined up to $10,000 if convicted of a previous offense in the last 7 years.
After serving your punishment, you’ll also be placed on probation. Conditions of your probation may include making payments up to $5,000 to battered women’s shelters and reimbursement of your victim’s medical and court expenses.
Depending on the circumstances of your case, you may lose custody of your child. The court has the power to remove children from your custody and impose supervised visitations. If convicted of a domestic violence charge, you also lose the right to possess or use a firearm for 10 years.
Understanding the Domestic Violence Legal Process in California
A domestic violence legal case can occur when the alleged victim calls the police and accuses the other person of domestic violence. The police will gather witness testimonies and a statement from the alleged victim and put them together in a report sent to the district attorney. The district attorney reviews the report to determine whether to file charges by reviewing all the facts in the case to see if there is sufficient evidence to convict you of domestic violence.
The prosecution has to prove the following elements beyond a reasonable doubt to convict you:
You intentionally harmed and unlawfully injured the alleged victim.
The alleged victim was related to you, such as a current spouse or ex-spouse, current or ex-significant other, your child or a child under your care, or someone with whom you were previously or are currently engaged to marry.
You inflicted a traumatic injury on the victim.
You committed the act causing injury, not in self-defense.
When you work with a criminal defense lawyer, they walk you through the legal process, assist in preparing necessary documents, and provide guidance on how to proceed with your case. They may help you in the following ways:
They can develop legal defense strategies that the alleged injury was accidental or the alleged victim made a false accusation against you.
In some cases, they may pursue a plea bargain to lessen the charges to help you avoid the negative repercussions of a domestic violence conviction.
They can ask you to go through a pre-trial diversion program such as a batterers’ program depending on the specific charges, your residential location, and any criminal history. Upon completion, your charges will be dismissed.
Contact The Law Offices of Mariya Melkonyan for a Free Consultation
The sooner a qualified attorney can get involved in your case, the better chances you have at a favorable outcome. The Melkonyan Firm is here to help minimize the impact these charges will have on your life. We know how important it is to take immediate action after an arrest so that we can begin building a legal defense strategy for your case. Contact us today for a free consultation.
Call The Law Offices of Mariya Melkonyan for a free consultation about your potential defenses.
( 424) 901-3131
“Remember, do not make a statement to the police until you contact your lawyer. Do not talk to your spouse or anyone else regarding the allegations as anything you say can be used against you.”
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Los Angeles White Collar Crime Attorney – Mariya Melkonyan
Contact Former Deputy District Attorney, Mariya Melkonyan For A Free Case Review.
Cases involving white collar crime are oftentimes complex and involve dynamic investigations and extensive evidence compilation. From financial documents and phone records to computer data and the testimony of close friends or business colleagues, no part of your life is left unturned with this intensive legal process.
A skilled Los Angeles white collar crime attorney will aggressively advocate to protect your personal interests, uphold your rights, and work with the court to reduce your sentence. Speak with Mariya Melkonyan about your case, today.
This comprehensive guide explores many facets of the white collar crimes legal process and examines the ways a seasoned white collar crimes defense attorney can work with you to reduce your charges.
What Is Considered White Collar Crime?
The term “white collar crime” was first coined in 1939 to describe a wide range of fraudulent criminal activities. The term typically refers to nonviolent offenses associated with “white collar” professions, like accountants or business consultants. White-collar crime usually involves fraudulent activities aimed at hiding monetary gains or losses and other financial indiscretions.
White-collar crimes are typically investigated by multiple federal agencies, including the FBI, SEC, and IRS.
These cases usually involve extensive evidence collection with federal and state agencies combing through many years’ worth of financial statements, phone records, and other banking documents.
These agencies use various tactics to gather the information needed to incriminate the target of the investigation.
The Law Offices of Mariya Melkonyan provide legal services for anyone in need of experienced white collar crime attorney services. Call for a free case review today: 424-901-3131
Informants, like trusted business colleagues, or friends, may be used to get close to the targeted individual. Other times, the target may be questioned directly as part of an undefined investigation and be fully unaware that they, themselves, are the alleged suspect in question.
What Is Not Considered White Collar Crime?
Street crimes and white collar crimes are broad terms used to define two very different types of criminal activity. Street crime is a term that refers to criminal offenses that take place in public spaces. Street crimes often involve violent acts while white-collar crimes are typically non-violent in nature.
What Is One Difference Between Street Crime And White Collar Crime?
Robbing someone’s purse while they walk along a public street would be an example of street crime while a large-scale operation focused on defrauding investors would fall under the realm of white-collar criminal activity.
Street Crime V. White Collar Crime
Violence is the main difference that distinguishes a street crime from a white-collar crime. Examples of street crime include pickpocketing, assault, petty theft, vandalism, and selling or using illicit drugs. Many people mistakenly believe that white-collar crimes have lower sentences and penalties than street crimes because they are not violent in nature.
The truth, however, is that white collar criminal sentences can be just as life-shattering as street crime convictions. Contact one of the best white collar crime attorney firms in Los Angeles, The Law Offices of Mariya Melkonyan to build your defense strategy.
What Are Examples of White Collar Crimes?
Unlike street crimes, white-collar crimes do not usually involve violent acts. Instead, white-collar crimes are typically complex in nature and involve acts of fraud that are rooted in financial misconduct. Hiring an experienced Los Angeles white-collar crime attorney like Mariya Melkonyan can make a huge difference in the outcome of a case. Here are a few white-collar crime examples:
Bank Fraud– this multifaceted legal issue involves stealing funds from a bank or attempting to defraud a financial institution of money. Title 18 of the U.S. Code defines bank fraud as instances when people “knowingly execute, or attempt to execute, a scheme or artifice to defraud a financial institution; or obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises”.
Embezzlement– this term encompasses a wide range of theft and larceny. Anyone with access to company property or money who uses these assets for personal gain would be considered an embezzler. Stealing money from a cash register and the wide-scale transfer of millions of company dollars are each considered acts of embezzlement.
Credit Card Fraud– this type of fraud refers to criminal acts committed using any type of payment card, including but not limited to debit and credit cards. Any unauthorized use of credit cards or unlawfully obtaining someone’s credit card information to establish a line of credit are both considered acts of credit card fraud.
Accounting Fraud Charges– this term refers to the intentional manipulation of financial statements to hide profits or losses. These business scandals involve the purposeful manipulation of financial statements to hide misdeeds. Forging revenue growth without corresponding cash flow or unparalleled success during difficult financial markets will typically indicate signs of accounting fraud. This type of fraud is punishable at both the state and federal level.
Any illegal alteration made to a company’s financial documents with the purpose of manipulating the company’s health, such as inflating revenue, failing to record assets, or reporting liabilities would be examples of accounting fraud.
Former American stockbroker, Bernie Madoff, orchestrated the largest accounting fraud scheme in history. Using a complex Ponzi Scheme, Madoff defrauded investors out of over $64.8 billion. A Ponzi scheme refers to an investment scam that promises investors extremely high returns, but the initial investors are paid returns funded by new investors.
Once the scammer is unable to secure new investors to pay their existing ones, the scheme implodes, leaving the scheme’s victims with devastating financial losses.
Medicare Fraud– this term refers to acts which strive to illegitimately collect money from the Medicare program. Common examples of Medicare fraud include billing for services that were not provided, charging for unnecessary services, changing the documented dates of services, or paying kickbacks to providers for patient referrals.
The False Claims Act is a federal law that imposes steep legal penalties against people or companies who knowingly defraud governmental programs. Under this Act, a convicted person could face up to five years in prison and criminal fines as high as $250,000.
Money Laundering– this process involves taking money obtained from illegal sources, like drug trafficking or embezzlement, and falsely legitimizing the source of this cash flow. This act is essential for sustaining criminals with large amounts of money who take these large financial sums and funnel them through different accounts to create the appearance of a legitimate business.
Wire Fraud– this type of fraud involves the use of telecommunications or the internet. These federal crimes involve electronically transmitting something associated with fraudulent activity. If these transmissions cross state lines, federal jurisdiction is claimed. Under federal law, wire fraud is a Class C felony, which is punishable by up to 20 years in prison, three years of supervised release, and $250,000 in fines. Phone calls, faxes, emails, and social media messages can all be used to facilitate acts of wire fraud.
Mail Fraud– when a person uses physical mail with the intent to defraud others, it is a federal offense. Acts of mail fraud are punishable by law with up to 20 years maximum prison sentence. However, if the acts of fraud occur during a presidentially declared disaster or emergency, the maximum prison sentence increases to 30 years and the guilty party may have to pay a fine up to $1,000,000.
Kickbacks– undisclosed payments made by a third party to a company’s employees in exchange for preferential treatment is a form of bribery known as kickbacks.
Computer Hacking/ Internet Crimes– computer hacking is a form of cybercrime that involves the identification and exploitation of weaknesses in computer systems or networks for personal gain. Computer hackers usually carry out these activities to steal corporate data, violate privacy rights, or unlawfully access and transfer funds from bank accounts.
Bribery– the act of offering, giving, receiving, or soliciting items of value to influence the actions of a public or legal official. In cases of bribery, the prosecution is tasked with proving the intent to influence another individual’s legal duties.
Punishment For White Collar Crime
Not all white collar crimes are prosecuted at the federal level. In fact, many of these investigations and cases are handled by state prosecutors. White collar crimes are incredibly nuanced.
These cases often require state agencies to have extensive resources if they wish to bring these cases to trial. However, not all state agencies can afford the financial undertaking of prosecuting complex white-collar crime.
Cases involving substantial monetary losses will often involve federal investigation and prosecution if federal law has been violated. Many white-collar crimes can be tried at either the state or federal level. Cases involving bank fraud, federal income tax fraud, or bribery of federal officials, however, are traditionally prosecuted in federal court.
Different federal and state-level punishments exist for the various types of white-collar crimes. According to the Federal Bureau of Investigation, white-collar crime costs the United States upwards of $300 billion each year. White collar criminal indictments usually involve individuals, but the government reserves the right to sanction corporations for these unlawful activities too.
Examples of white-collar crime punishments include:
Fines: courts will rarely impose the maximum fine on someone convicted of white-collar crime. A white collar crimes defense attorney can advocate for your financial interests and encourage the court to issue a lower fine for your conviction.
Restitution: the court may order the defendant to pay a sum of money to compensate the victim for monetary costs and losses associated with the committed crime. The amount of this penalty is based on the sum of the victim’s losses. Restitution penalties are mandatory for many white-collar crimes.
Forfeiture: this penalty is intended to prohibit a defendant from indulging in self-enriching activities with the financial gains from their fraudulent behavior. Any assets used to commit or obtained from the white-collar crime are often involved in court-ordered forfeiture.
Home Detention: Instead of being incarcerated in jail or prison, white-collar criminal convictions may allow home detention to be used as part of the defendant’s sentence. Also known as house arrest, this option may be used while a defendant awaits trial or in lieu of serving jail or prison time.
Federal sentencing guidelines suggest harsher sentences if at least one victim has suffered substantial financial harm. There are many variables involved in white collar crime cases, so it is important to have a skilled and aggressive white collar defense attorney by your side to facilitate a lessened sentence.
Oftentimes, these criminal sanctions can be lessened if the defendant takes responsibility for the committed crimes and cooperates with the authorities’ investigation. It is imperative that you have knowledgeable legal counsel by your side to ensure your interests are protected and your rights are upheld during this process.
California White Collar Crime Law
On a state level, California Penal Code Section 186.11 grants aggravated white-collar crime sentencing options to judges. Under the law, judges may add an additional two to five years to your prison sentence if two scenarios apply to your case:
You are facing serious criminal charges, such as fraud, bribery, or embezzlement
AND
You have two prior white collar crime convictions that involve embezzlement or fraud.
Furthermore, your sentence may be determined by the amount of money an alleged victim lost. If the alleged victim lost more than $100,000 as a result of the white-collar crime, the sentencing enhancement will be served in addition to the convicted defendant’s initial sentence. These sentencing terms will be served consecutively.
Your Defense Makes All The Difference
In the state of California, white-collar crimes can include either misdemeanor or felony charges. These criminal cases often involve exhaustive investigations performed by state and/or federal agencies. If convicted, penalties may range from fines and house confinement to extensive prison sentences and hefty restitution or forfeiture costs.
An experienced white collar crime attorney, like Mariya Melkonyan can help create a defense strategy for your case and prevent steep financial penalties and other losses to damage to your professional reputation. No part of your life is unaffected if you are convicted of a white-collar crime.
White-collar criminal charges can be the result of unintentional oversights or blatant disregard for the law. Regardless of the circumstances of your unique case, you deserve a dedicated and tenacious white-collar crime defense attorney from Melkonyan Law.
Mariya Melkonyan is a Los Angeles top white collar crime attorney with 13 years of experience. Confidently build a solid defense for your case, contact her office today. Though white-collar crime charges may seem daunting, there is every reason to fight for the best possible outcome.
Other Criminal Defense Services from The Law Offices of Mariya Melkonyan
A DUI for drunk driving and driving under the influence of drugs are serious criminal charges that can have lasting effects on your life. It is possible to overcome this charge and your life back on track, but it takes an experienced defense attorney who knows how to handle these types of cases. If you need a California DUI lawyer, contact Melkonyan Firm today for a free consultation.
Overview of the DUI Defense Process In Los Angeles
If you are arrested in Los Angeles, California for DUI, you face a long legal process with many steps and various potential penalties. The Law Offices of Mariya Melkonyan have experienced attorneys based out of Los Angeles who have extensive experience on how to defend those charged with DUI offenses. Mariya Melkonyan is a graduate of USC and has spent over 13 years as deputy district attorney. She brings years of experience in the effective examination of experts of different fields, forensic pathologists, and other resources to fight for you as your DUI defense attorney.
License Suspension
Your license can be suspended for four months if you are over the age of 21, took a blood or breath test that showed 0.8% BAC (blood-alcohol content) or more, and this is your first DUI arrest. The officer confiscates your license and gives you an Order of Suspension and Temporary License at the time of your arrest. More and more cases by law enforcement and prosecutors are arresting and charging drivers with DUI under the California Vehicle Code Section 23152(f) VC.
Not only is it illegal to drive while under the influence of alcohol and other illegal drugs, but it is also illegal to drive while under the influence of even legally prescribed medications that can cause impairment.
A DUI charge can also mean a disciplinary action for most professionals who are doctors, lawyers, nurses, teachers and a like. Having the best possible DUI defense team working with the person charged right from the beginning is going to make a huge difference in the outcome of the case.
DMV Hearing
You may request a hearing with the DMV within ten days of your suspension or revocation of your driver’s license. Those who are convicted can lose their license for up to one year on a first time offense.
DUI Defense Criminal Proceedings
In an arraignment, you may plead guilty or not guilty to the charges. If your attorney and the prosecutor’s office reach a plea agreement, there will be no trial. If there is a trial, a jury will decide the verdict.
DUI Conviction and Penalties
The penalties of a DUI defense case vary depending on how you are charged, your BAC, and whether there was an accident or injuries to others involved in the accident.
California’s DUI Defense Laws
California addresses DUI under specific DUI laws addressing alcohol and drugs:
California Vehicle Code § 23152(a)
If you are pulled over while driving under the influence of drugs and alcohol (DUI), then a law enforcement officer can arrest and charge you with a DUI. This code specifically says it is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. One of the most important steps you can take at this stage is hire an experienced DUI defense attorney like Mariya Melkonyan to defend you.
California Vehicle Code § 23152(b)
Based on grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath, it is illegal to drive with a BAC level of 0.08%. You can be convicted if you had 0.08% of alcohol in your blood and if you were tested within three hours after driving.
California Vehicle Code § 23152(f)
It’s illegal to drive when you’re under the influence of a substance, and you neglect your duty as a driver, such as causing injuries to others.
What to Expect if You’re Arrested
Once you’re arrested for DUI in California, the legal process starts. Many drivers don’t know what they’ll face when charged which makes having an experienced DUI defense attorney so critical. Here’s what happens at each step of the proceedings.
During The DUI Arrest Process
Most offenders are arrested at the scene of a car accident or when the police pull them over. You’ll go to a police station for booking and may spend the night in jail. If you’ve been involved in a serious accident and have injuries, you can also be arrested while in the hospital.
Before your arrest, the police administer a breathalyzer or blood test. Once arrested, the police take your license, and you’re given a temporary license on a pink slip for identification. The temporary license expires in 30 days, and you’re not allowed to drive during this time unless granted an exemption from the DMV.
Hire an DUI Defense Attorney
You’re not required to hire an attorney by law. Depending on your income, you may be appointed a public defender for free, but public defenders have many clients and do not specialize in DUI cases. You may have a better outcome if you decide to hire a defense lawyer specializing in DUI defense cases. Your lawyer will have more time to investigate your case and has experience negotiating under these circumstances.
License Suspension and DMV Hearing
To avoid a suspension of your license, you must request a DMV hearing within ten days of your arrest. During the hearing, the DMV officer will ask you the following questions:
Was it reasonable for the officer to believe you were under the influence while driving?
Were you lawfully arrested?
Was your BAC level at 0.08% or higher at the time of your arrest?
These questions aren’t always easy to answer. You may not know what your BAC level was at your arrest, or you might be waiting for the results of bloodwork at the time of your hearing.
A public defender will not represent you at this hearing, but you can hire a private and experienced DUI defense attorney represent you at the hearing. Your lawyer can help you get test results and other key evidence before your hearing.
Arraignment in Court
The arraignment is the first court meeting with the judge, the prosecution, and your lawyer. Both the prosecution and your lawyer will present their cases. At the arraignment, the judge will remind you of your rights and inform you of your charges. They will then allow you to enter a plea: guilty or not guilty.
Pre-trial Phase
During the pre-trial phase or discovery phase, the prosecution and your lawyer exchange details about the case. Under California’s penal laws, both sides must share information such as real evidence and witness testimonies.
Both parties can ask the judge to cancel or dismiss their case and prohibit evidence from being used. They can also discuss possible ways of settling without going to trial.
DUI Defense Trial Phase
If your case doesn’t settle out of court, then it may go to trial. A typical California jury trial comprises the following steps: choosing jurors, opening statements by each attorney, presenting evidence, and closing arguments from both sides.
The jury will deliberate about their decision together before reaching a verdict that can be followed with sentencing if necessary.
Penalties for California DUI
California regulates driving under the influence by penalizing those caught driving with 0.08% or higher blood alcohol content. A DUI comes with different penalties depending on whether you have had any prior DUI convictions and if anyone has been injured because of your actions. An ignition interlock device (IID) may be required for drivers under certain penalties.
1st Offense Misdemeanor DUI
A 1st offense misdemeanor DUI in California includes up to six months in county jail and $390-$1,000 in fines. Your driver’s license is suspended for four to ten months, and you have to attend a court-approved drug or alcohol education program for three to nine months.
The judge may require the defendant to install an IID for six months to continue driving without restrictions.
2nd Offense Misdemeanor DUI
A second offense misdemeanor DUI carries a sentence of 96 hours to one year in county prison and fines ranging from $390-$1,000. You can drive instead with an IID for one year, or your driver’s license will be suspended for two years. You must also attend a court-approved drug or alcohol education program for 18 or 30 months.
3rd Offense Misdemeanor DUI
In a 3rd DUI offense, you will face one year in county jail and be required to pay $390-$1,000. Your driver’s license may be suspended for up to three years, or you must install an IID on top of 30 months of a drug or alcohol education program.
4th Offense DUI
In a 4th DUI offense, the penalties are severe. You will be tried as a felon with possible criminal penalties resulting in 16 months or longer in state prison. Fines accompanying a 4th offense DUI can range from $390-$1000 or significantly higher depending on the “penalty assessments” the court determines the defendant should pay. You may also be required to attend DUI classes for 30 months.
Driver’s license penalties for a 4th DUI offense include having your license revoked for 4 years and retaining status as a Habitual Traffic Offender for 3 years.
Note that regardless of whether it’s your 1st or 4th DUI offense, you can be tried as a felon if you injure someone while driving under the influence. The stakes are very high once soneone is being charged with a felony. Make sure you have a solid DUI defense team working on your case to best protect your rights and get the charges reduced or dropped entirely.
Second Degree “Watson Murder”
Based on the 1981 California Supreme Court case, People v. Watson, a driver with a previous DUI conviction can be charged with second-degree murder if they kill someone in another DUI crash. The driver is charged with second-degree murder under California Penal Code 187 and faces additional DUI charges.
If convicted of second-degree murder, the defendant faces 15 years to life in state prison and a maximum fine of $10,000. Jail time can increase to 25 years to life if the victim is a peace officer. This conviction is a serious felony and counts towards California’s Three Strikes Law which increases punishment for repeat offenders with each strike.
A second strike doubles your sentence and third strike sentences you to a mandatory minimum of 25 years to life in state prison. We cannot stress how important it is to hire the most experienced DUI defense attorney you can to prevent prison time if at all possible.
Additional Probation
A California court can sentence you to probation with the following conditions: You may not drive if you have any detectable alcohol level in your blood, and you must not commit more crimes. You also cannot refuse a blood, breath, and in some cases, a urine test if you are arrested for another DUI.
There could be other aggravating factors that are key in deciding your DUI penalties and probation, such as a refusal to submit to a chemical test, excessive speeding, or if your BAC level is high at 0.15% or over. If you have been charged with DUI in California, you will need a DUI attorney to help you navigate the system and offer you legal guidance.
Getting your License Reinstated
Your license is not automatically reinstated after the suspension ends. You have to go through a reinstatement process, following procedures accurately to get your license back.
Complete All the Penalties and Conditions of Your DUI Convictions
You must serve out your full suspension period. You need to complete an alcohol treatment program and traffic school. You may need to install an ignition interlock device on your car if required by law.
Get Proof You Completed All Court-Ordered Programs
You will receive certificates after completing treatment programs and traffic school. You will need proof from your installer if required to place an ignition device on your car.
Purchase Car Insurance
After your DUI conviction, you’re identified as a high-risk driver. Your car insurance company may charge you more to cover the risk.
California requires high-risk drivers to purchase policies that cover $5,000 of damage to physical items. Your policy also needs $15,000 to cover costs associated with an individual’s injuries or death from an accident. Your plan must include $30,000 to cover the cost of multiple people hurt or killed in a crash.
The DMV requires proof that your insurance company knows you’re a high-risk driver through form SR-22. You must purchase a policy with higher coverage before submitting the form to the DMV. California will suspend your registration if you do not have the appropriate insurance for your car.
If you’re charged with a DUI offense, contact our offices for a free consultation before speaking with law enforcement.
Drugs and DUI Defense
DUI laws apply to more than just alcohol. You can be arrested for driving under the influence of marijuana and other drugs.
The testing process for a drug DUI differs from alcohol. Drivers suspected of drug DUI are given blood or urine tests only. Currently, if you’re found with any amount of drugs in your system, you’ll face DUI charges. In California, you’ll face drug DUI charges for illegal drugs and legal substances like marijuana and prescription medications if they impair your driving.
It is extremely important to have an experienced DUI defense attorney on your side from the very beginning of this process.
Work with an Experienced Defense Lawyer
If you are facing charges for drunk driving in California, a skilled DUI defense attorney can help protect your rights during these proceedings. At The Law Offices Of Mariya Melkonyan, we understand what it takes to put together a solid defense case.
Our team knows how to best defend your interests because we know DUI laws in-depth. Mariya Melkonyan has over 13 years of experience as a Deputy District Attorney and knows how the prosecution builds a case.
Speak directly with Mariya Melkonyan, a top Los Angeles DUI Defense attorney today at (424) 901-3131 for a free case evaluation.
Other Criminal Defense Services from The Law Offices of Mariya Melkonyan
Contact Defense Attorney Mariya Melkonyan. Find Out If Your Case Qualifies For Expungement or Dismissal.
The consequences of a criminal conviction are more serious than most people realize. A misdemeanor or felony conviction can limit your opportunities in life. It is important to know that many crimes can be expunged if you meet certain qualifications of your conviction.
Mariya Melkonyan can talk to you about your options based on the details surrounding your arrest and conviction in a free consultation.
What are Expungements and Dismissals?
California law allows a person to petition the court to clean their criminal record in an expungement. Defendants file an expungement application to withdraw a guilty or no contest plea, enter a plea of not guilty, or have their case dismissed. The application can be made on your own, through an attorney, or your probation officer.
The court will decide to either:
Let the defendant withdraw a guilty or no contest plea and replace it with a plea of not guilty
Set aside the guilty verdict if the defendant is already convicted
In both cases, the accusations against the defendant are dismissed. This releases the defendant and cancels any remaining penalties. Expungements help individuals clear their criminal records.
An expunged conviction isn’t disclosed on an employment application. You are allowed to check “no” if asked about prior convictions and don’t have to disclose it once offered a job. However, you need to disclose an expunged conviction on an application for a position in public office.
An expunged record won’t show up in a background check. Many individuals with convictions are denied loans or credit cards as a result of their criminal background history, but an expungement or dismissal of your case lets you have a fresh start.
Who Can Apply for an Expungement?
Many crimes can be expunged from your criminal records if you meet these criteria under PC 1203.4:
You were convicted of a felony (wobbler) or misdemeanor and were given probation, fined, or went to county jail.
You finished your probation, meaning that you have completed all the court-ordered conditions such as community service and classes.
While on probation, you have not committed any other violations or crimes.
You are not on probation or facing another charge.
What Convictions Can’t Be Erased from Your Record?
Certain crimes cannot be expunged, meaning that even when you complete your parole or probation conditions, the charges and conviction will remain in your record. Under California law, your conviction cannot be expunged if you served time in state prison or were convicted in a federal court.
California does not allow expungements for crimes such as:
Sexual crimes against minors such as sodomy with a minor under the age of 18 and lewd or lascivious acts with a child under the age of 14
Unlawful sexual relations with minors under the age of 18 if the adult is over the age of 18 as defined by the statutory rape law
Violations of Vehicle Code 42001, including municipal ordinance infractions and pedestrian offenses.
How Long Does the Process Take?
Expunging your record is complex. If you file the wrong information or make errors, the application will be denied. An experienced criminal defense attorney can help you complete the appropriate forms for your case and represent you in court to improve your chances of expungement.
The expungement forms you need depend on your case. For example, under California PC 1203.4, an individual charged with a misdemeanor can file to dismiss only if they’ve completed probation. Otherwise, you’ll first have to file to terminate your probation.
Felonies must be reduced to misdemeanors by the court before they are eligible for expungement—the defendant files to reduce their charges to a misdemeanor under California PC 17b. Once the charge is reduced, the defendant then files for expungement.
After completed paperwork is filed with the court, there will be an expungement hearing. Your defense attorney and the prosecutor will be present, and the judge will determine your case. If your petition for expungement is denied, you are allowed to refile. If the petition is granted, your criminal record can be sealed and is no longer visible to the public.
Motions for Dismissal
You can clear your criminal record by filing a Factual Innocence Motion. This procedure lets you petition the court to destroy or seal your criminal record if you’ve been falsely accused.
This motion only applies to individuals who meet these qualifications:
You were arrested but never charged for the crime
Any charges against you were eventually dismissed
You were found not guilty after you went to trial
If you meet these qualifications and the judge grants your motion, your criminal record will be sealed and destroyed.
Motion of Withdrawal of Plea
You may be able to reverse your guilty plea through the Motion of Withdrawal. In California, defendants are allowed to file this motion any time before they’re sentenced. This motion may also be filed within 6 months of the verdict.
A withdrawal of plea can be filed by the defendant if:
Their attorney didn’t advise them of their constitutional rights
They didn’t have a lawyer representing them
Their lawyer failed to provide adequate service
They didn’t realize the impact of the guilty plea on their immigration status
They didn’t realize they’d be responsible for fines and other penalties
A plea bargain with the prosecution was violated
Meet with a California Expungement Attorney
A criminal record follows you for the rest of your life and can prevent you from finding employment, qualifying for a mortgage, and obtaining state professional licenses in California. A criminal record also affects your personal reputation.
Instead of letting mistakes harm your prospects, consider contacting a criminal defense attorney to advise you of your rights. The team at the Melkonyan Firm will work hard to help you clean up your criminal record and apply for expungement or dismissals where possible. Contact us today for a free evaluation of your case.
Frequently Asked Questions
Employers can’t discriminate against you under Labor Code 432.7. They also can’t ask about your expunged case, and if they do, they face fines. However, employers in law enforcement and healthcare can screen applicants. You will also need to disclose your expungement if applying for a position in public office.
Under PC 1203.4, an expungement allows the defendant to withdraw a guilty plea, enter a plea of not guilty, and have the case dismissed. While an expungement allows the court to set the conviction aside, so it’s no longer available to the public, it will remain on your record for sex offender registration or immigration purposes.
Yes, California state licensing authorities will not issue a license to someone before their case is expunged.
An expungement will remove your case from the public record, but it will remain accessible within the judicial system. Your attorney should always try to seal your case in an expungement. Once the case is sealed under PC 851.87, it is only accessible by court order.
Expungement & Dismissal Defense Attorney
Many crimes can be expunged if you meet certain qualifications of your conviction. The Law Offices of Mariya Melkonyan can talk to you about your options based on the details surrounding your arrest and conviction in a free consultation session. If you or a loved one is charged with a crime, speak with our experienced attorneys as soon as possible.
It’s very important to hire an experienced criminal defense attorney to give yourself the best possible fighting chance at freedom. At The Law Offices of Mariya Melkonyan, we always have our client’s best interest at heart. From the moment you contact us for a consultation, we start planning solid defenses for your case. Most clients feel ashamed, frustrated, and angry after being charged with a federal crime, but our legal team is here to reiterate that you, as a citizen, have basic rights, one of which is to hire an attorney.
Before you speak to authorities, remember that you do not have to answer any questions without a lawyer present. Mariya Melkonyan is a former Los Angeles District Attorney who has filed countless dismissal and expungement cases and can apply those same skill sets in your case.
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