Criminal Defense in Orange County

Embezzlement

2011-06-07T14:27:00.000-07:00

Embezzlement Defined

Simply stated, embezzlement is employee theft. The complicated definition is that it is the unlawful "conversion" of an employer's property into the employee's property. The key difference between embezzlement and generic theft is that the property taken, or "converted" by the employee was, at one point, lawfully possessed by the employee in connection with his or her employment. In other words, an employee has committed embezzlement when he or she does something with his employer's property (including money) that causes it to become the property of the employee.

The Most Common Forms of Embezzlement

Credit card fraud
Falsifying financial records (such as invoices or account statements) in order to conceal theft of company money.
Stealing small amounts of money or property incrementally over a long period of time.
Theft involving a large amount of money in a single instance.

California Embezzlement Law

Under California law, an employee fraud or embezzlement theft crime can be serious depending upon the value of the property stolen and whether the accused has a criminal record. Embezzlement can be charged as either a felony or misdemeanor.

Important Facts About Embezzlement

Embezzlement charges can be filed for even very small amounts of money or property.
An employer who has accused you of embezzlement can try to withhold your wages until the case is resolved.
In most cases, an audit will be conducted to uncover the facts of the case.

Penalties for Embezzlement

Embezzlement sentencing can be life-changing. The consequences may include jail or prison time, fines, counseling and restitution payments to the victim. The penalties will vary depending on many factors. Examples include:

In most cases, first offenses involving less than $400 are punishable by a small fine, community service, restitution and 3 years of informal probation.
A second offense is a much more serious matter. It can be charged as a felony (also called Petty Theft With a Prior) and is punishable by a year in county jail or even 16 months to 3 years in state prison.
When a person steals goods worth over $400 or money in excess of $400, it is a serious Grand Theft offense and can be charged as either misdemeanor or a felony. With Grand Theft, the possible penalties include at least 16 months in state prison, probation or parole, restitution, court-ordered counseling and fines. All of this is also affected by any prior criminal history.

An embezzlement charge can also carry consequences regardless of the guilt or innocence of the defendant because accusations are embarrassing and can carry a lasting social stigma that may limit future employment opportunities.

Defenses to Embezzlement

If you are charged with an embezzlement theft or fraud crime, you must speak to an experienced California criminal defense lawyer immediately so that he can properly evaluate your case. A skilled Orange County criminal defense attorney will discuss your rights and possible defenses.

You Need a Skilled Orange County Criminal Defense Lawyer

It is very important to retain an attorney with experience in embezzlement cases in order to get an ideal result. There is no doubt that an attorney who is not as familiar with California embezzlement law may miss an important opportunity for dropped or reduced charges, or even acquittal. In some cases an attorney can negotiate restitution (with or without a payment schedule) with the victim prior to formal criminal charges being filed.

If you have been accused of embezzlement, contact experienced Orange County criminal defense attorney Jerry Nicholson today for a FREE CONSULTATION to discuss your next steps.

DUI/DWI - Driving Under the Influence/ Driving While Intoxicated

2011-06-01T15:03:00.000-07:00

What you must know if you or someone you know has been charged with driving under the influence:

Many people charged with DUI or DWI in California have a very difficult time dealing with the criminal aspects of the charge, this is usually because it is the first crime with which they have ever been charged. A DUI Arrest can result in serious civil and criminal consequences including heavy fines and penalties, loss of the driving privilege, and even jail time.

Given that so much is at stake in a DUI case, it is very important to hire an experienced Orange County criminal defense attorney who has handled many DUI cases in California in general and in Orange County in particular. This is because every county treats prosecutions for DUI differently. An experienced attorney can guide you though the legal maze that is the California criminal justice system and the Department of Motor Vehicles (DMV).

Veteran criminal defense attorney Jerry Nicholson has represented hundreds of individuals in Orange County, Los Angeles, Ventura, Riverside, San Bernardino, and throughout the state of California who have been charged with driving under the influence of alcohol or drugs. He will work aggressively to protect your rights in court. Jerry also provides representation before the California DMV to help you obtain a provisional driver's license while you await trial. Sometimes it is possible to have a DUI charge reduced to a lesser offense that will allow you to preserve you California driving privilege. Jerry Nicholson will gladly explain all of your options to you in a free consultation.

There are TWO CASES for every DUI Arrest

There are essentially two different cases that are brought against you when you are arrested for DUI. First, there is the DMV case. This is where your driver's license may be taken away from you. Second, there is the criminal case. This can result in jail time, fines, compulsory alcohol education classes, community service, vehicle impound, the installation of a ignition interlock device in your vehicle, or a combination of these things, depending on your particular facts and circumstances.

The California DMV Hearing:

If you have been arrested for DUI (or suspicion of DUI), you must request a DMV hearing within 10 (ten) days of the arrest. If you do not do so, your license will be suspended automatically or will be revoked 30 days after your arrest.

The DMV proceeding is very different from the criminal courtroom proceeding. The DMV hearing is informal and is run by a Driver Safety Office (DSO) Hearing Officer. This person is an employee of the DMV (this hearing is not run by a judge). The standard of proof in DMV hearings is known as a "preponderance of the evidence" this is a much lower threshold than the "beyond a reasonable doubt" standard applied in criminal trials.

DMV hearings can be very technical, and the chances of a person winning without expert legal help is very unlikely. Unfortunately, the DMV does not care about your personal life, and it makes no difference to them if you need to drive to work or school (or even if driving is your job). The DMV will even sometimes discourage individuals from requesting a hearing, telling them that they cannot win. The documentation that is given to a person who is arrested for DUI can be confusing, and it does not clearly explain that a hearing must be requested within a very short period of time. Contrary to what it says on the provided forms, you are not required to demonstrate that the suspension is not justified. Rather, the DMV must show that the suspension is justified. According to the DMV's own statistics for a recent year, 34% of all people who were suspended for DUI at the time of the arrest kept their driver's license by simply requesting a hearing to challenge the suspension.

The Criminal Process

After the DMV hearing, the accused person must face the criminal process. The penalties for drunk driving in California are set forth by statute and can be very complicated. The basic statute allows for a range of possible sentences, but there may be modifications of the sentence based on the following factors.

Prior Convictions within the past seven years.
Speeding 20mph or more over the speed limit at the time of the arrest.
Having a child under the age of 14 in the car at the time of the DUI.
Having a blood alcohol level reading of over .20%.
Refusal to submit to chemical testing.

Within the range that is set forth by statute, the sentence in a DUI case will be affected by such factors as:

The facts and circumstances unique to the case.
The policies of the prosecution and the local court.
The weaknesses or "holes" in the case, as uncovered by the defense attorney.
The reputation of the defense attorney.

It is very important to understand that the results of the blood, breath, or urine test will be a factor in determining the charges that will be brought against you and the possible sentences to be imposed. If you were driving with a blood-alcohol level of over .08% then there has been DUI offense. Please remember, however, that the DUI laws relate to the blood-alcohol level at the time of driving, NOT at the time of the test. This is a very important distinction that may work to the favor of the accused. It is also important to understand that the tests used, particular the breath test are often unreliable and therefore susceptible to attack by an experienced DUI attorney.

Contact an Experienced DUI Attorney

Experienced DUI lawyers know which arguments and tactics work and which do not work with prosecutors and with the courts. Having a felony DUI charged reduced to a misdemeanor is a huge victory and requires expertise and usually, a good working relationship with the local prosecuting agencies and courts. Jerry Nicholson has the skills and experience and relationships necessary to obtain such victories although his ultimate goal in every case is to obtain a dismissal.

If you have any questions or would like to speak personally with an experience Orange County DUI attorney about your DUI charge (or on behalf of someone you know), please do not hesitate to contact the law offices of Jerry Nicholson at (562) 434-8916 for a FREE CONSULTATION. Mr. Nicholson can be reached 24 hours per day, seven days per week. Time is critical, do not wait.

Drug Crimes-Including Possession and Sales

2011-05-09T11:34:00.000-07:00

Drug Crimes-California Criminal Defense Law

In California, crimes involving illegal drugs or controlled substances can include any of the following:

Possession for Personal Use
Possession of Drugs for Sale
Trafficking (transporting, buying, selling)
Distribution
Cultivation or Manufacture
Conspiracy to do any of the above

In California, there are four main types of drug charges:

1. Possession

For most controlled substances, possession for personal use is a felony. Misdemeanor charges include marijuana possession, being under the influence of a drug, and possession of drug-related paraphernalia.

To be convicted, the prosecution must prove that you knew about and controlled the drug in question. Even if you did not have drugs on your person when you were arrested, you can be convicted of possession if drugs are found in your car, home, purse or backpack.

2. Possession for Sale

It is a felony to possess or buy illegal drugs that you intend to sell. The prosecution is not required to prove actual sale of the drugs-intent to sell is all that is required. Money need not change hands to be convicted of drug possession for sale.

Intent to sell can be proven by evidence such as drug packaging (multiple small bundles of the drug), weighing scales, cutting agents, people coming to and leaving from you home at all hours of the day, fortified windows, conversations with police informants, undercover officers, or wiretapped telephone conversations.

3. Drug Trafficking

California drug trafficking laws prohibit the transportation, importation, and distribution of controlled substances. Transporting, importing or selling drugs is a felony, except in the case of less than 28.5 grams of marijuana being transported for personal use, which qualifies as a misdemeanor offense. You can also be charged and convicted of trafficking if you aid, abet, or conspire with anyone to sell or purchase illegal drugs.

4. Manufacturing Drugs

In California it is a felony to:

Plant, cultivate or harvest marijuana (where medical marijuana laws do not apply)
Manufacture illegal drugs (such as methamphetamine or crack cocaine)
Possess the chemicals necessary to manufacture illegal drugs.

Drug Crime Penalties

The penalties attached to drug offenses are very serious. Imprisonment in county jail or state prison could result. Land, homes, automobiles and personal property (including money) linked to the drug crime may be seized as part of forfeiture proceedings. Loss of driver's license, fines, and registration as a narcotics offender may also result from a drug-related conviction.

The severity of the charge and nature of the punishment imposed depends on the type and quantity of the drugs involved, whether the drugs were for personal use or sale, and the prior criminal record (if any) of the defendant. For example, a second offense for sale of narcotics includes a minimum 3-year enhancement in addition to any punishment for the actual offense.

Drug Crime Defense

The most powerful defense for a drug bust or drug crime is the evidence and how it was obtained. Law enforcement gathers most evidence through "search and seizure." You have a constitutional right to be free from illegal and unreasonable searches searches and seizures. What this means is that any illegally obtained evidence cannot be used by the prosecution in it's case-in-chief against you. However, in order to keep illegally obtained evidence out of court, you must object. This is where having a skilled Orange County criminal defense attorney comes in.

This is a complicated and technical part of California criminal law and is treacherous for the inexperienced criminal defense lawyer. A successful challenge results in the illegally obtained evidence being "suppressed." Once the evidence against you is suppressed, it becomes far more likely to have the case dismissed or beat the charges at trial.

Sentencing Alternatives

In California, drug treatment is considered more appropriate than jail time for non-violent individuals with drug-abuse problems. Depending on your situation, you may be eligible for one of these alternative sentencing programs:

Proposition 36: Under California's "Substance Abuse and Crime Prevention Act" first and second-time non-violent "simple drug possession" offenders can receive substance abuse treatment instead of jail time. This includes one year of outpatient, halfway house, narcotic replacement therapy, education classes and/or limited inpatient treatment, plus six months of "after care" treatment.
Deferred Entry of Judgment (also known as DEJ or Diversion): The defendant enters a guilty plea, but is not convicted. Instead, the case is put on hold for 18 months, during which the defendant must take a 6-month drug education course and avoid an arrest or conviction of another crime. The case is dismissed after 18 months. The felony is completely wiped away.
Drug Court: This involves a "supervision-and-treatment" program typically separated in phases that offer the defendant more freedoms as he or she completes each phase. In rare cases, jail time is required. Once the defendant completes the program, the case is dismissed.

An Experienced Orange County Criminal Defense Lawyer in Critical for your Drug Case

As you can see from this short introduction to California drug laws, drug cases and penalties are complex. Because of this, it is important to hire a skilled California drug crime attorney.

Jerry Nicholson, an Orange County criminal defense attorney with over 30 years of proven courtroom experience, has successfully defended many clients in drug matters, often helping them to avoid a conviction entirely. He has assisted many clients with alternative sentencing programs such as electronic monitoring and house arrest.

If you are facing a drug charge, call or contact Jerry Nicholson for a FREE CONSULTATION without delay.

Domestic Violence

2011-04-26T17:41:00.000-07:00

DOMESTIC VIOLENCE

Domestic Violence is generally defined as physical violence, threatened violence, and abuse that occurs in connection with the following types of personal relationships:

Married Couples (Spousal Abuse)
Co-habitating Couples
Persons who have had a child or children together, even if no longer living together or romantically involved
Persons who are currently or formerly were involved in a dating relationship
Persons who were formerly married to each other.

Domestic Violence covers a wide range of abuse, including spousal abuse and child endangerment. Any threatening or violent act, even if the accused did not intend to harm or compromise the safety and security of the victim, could be grounds for prosecution under California domestic violence laws.

Domestic Violence cases are treated differently than other orange county criminal defense cases. There are specially designated prosecutors and special domestic violence units (DV Units) with the District Attorney's and City Attorney's offices that stand ready to aggressively prosecute anyone charged with domestic violence.

Examples of Behavior or Actions that May Result in a Domestic Violence Charge:

Threats
Intimidation
Annoying or Harassing Phone Calls
Stalking
Physical Assault or Abuse (which includes the following)

Hitting or Punching
Slapping
Pushing and Shoving
Kicking
Biting
Pinching
Hair Pulling
Beating

Sexual Abuse (which includes the following)

Unwanted sexual touching
Forced sexual acts
Criticizing or mocking sexual ability or performance

Verbal Abuse

Emotional cruelty
Constant criticisms
Name calling
Ignoring the victim (severe emotional neglect)
Degrading remarks
Mocking
Taunting
Swearing

Financial Abuse

Refusing to pay bills
Withholding money from victim
Not allowing the victim to work
Not purchasing family necessities

Social Abuse

Isolating the victim from family and friends
Violating the privacy rights of the victim
Opening and reading the victim's mail
Monitoring and recording private phone calls
Displays of jealousy and possessiveness

Child Abuse (see also Child Abuse Accusations)

Child endangerment charges can be filed if the child witnesses the domestic violence.

Domestic Violence charges may be filed as either a felony or a misdemeanor. The filing decision is made by the prosecutor based on the seriousness of the alleged abusive behavior. Severe injuries will almost always be charged as a felony. If there has been no injury or only slight injury (such as minor scratching or a mark left where a person was grabbed) the case will generally be filed as a misdemeanor. Any prior acts of reported domestic violence and any other criminal history of the accused may also influence how the case is filed.

Potential Punishments for Domestic Violence

Misdemeanors:

Short Jail Term (0 to 6 months in County Jail)
Counseling (52 week program)
Community service or labor
Fines
Stay away orders, including move-out orders
"No Harm, No Strike" orders for couples

Felonies:

Jail time (ranging from 3months in County Jail to 3 years in State Prison)
Counseling
Community service or labor
Fines
Stay away orders, including move-out orders
"No Harm, No Strike" orders for couples

WHAT IF THE VICTIM WANTS TO DROP THE CHARGES?

This is a common situation. After the parties involved have a chance to calm down, the alleged victim of domestic violence may wish to retract any accusations made. However, in California, a person can be arrested and prosecuted for domestic violence even if the victim does not want him arrested and refuses to cooperate with police (refusing to cooperate can even result in criminal penalties for the victim).

In some cases, particularly with spousal abuse, it is very difficult for the victim to drop charges against the alleged abuser. The prosecution can proceed with the criminal case even if the alleged victim decides to not go to court. The prosecutor is the only person with the authority to drop the charges. The victim is merely a witness as part of the prosecution.

The law governing domestic violence is complex and highly specialized. This makes it very important to hire the right criminal defense attorney. An attorney who is qualified, skilled and knowlegeable in domestic violence cases is necessary.

An experienced Orange County criminal defense attorney such as Jerry Nicholson can successfully defend those who are accused of domestic violence and take advantage of programs that serve as jail alternatives such as counseling and probation.

If you have been accused of or arrested for domestic violence, do not rely on the advice of friends or family. Speak with an experienced criminal defense attorney. Call Jerry Nicholson to the discuss the specific facts of your case in a free consultation.

If you are the victim of domestic violence, or feel that you are in danger and need to file a protective or restraining order, please contact the Law Offices of Jerry Nicholson immediately.

Criminal Threats

2011-04-25T13:42:00.000-07:00

Criminal Threats and Terrorist Threats

In California, terrorist and criminal threats are illegal.

A terrorist or criminal threat is a threat of violence, threat to hurt, injure or kill others with the intent of intimidating or frightening them, or causing public panic.

Examples of terrorist or criminal threats include:

Calling in bomb threats to a public or private building.
Sending a threatening e-mail to an abortion clinic or church.
Terrorizing a local family or individual for religious or political reasons.
Threatening to harm the current partner of your ex spouse.
Threatening harm or injury to a neighbor.

The threat may be made in writing, electronically, by phone or in person. It can be make against an individual, a group of people, or a public building or workplace.

California Terrorist and Criminal Threats Law

Under California Penal Code Section 422, a terrorist or criminal threat is taken very seriously. To be convicted of a criminal threat charge, the alleged act must meet the following five conditions:

The accused willfully threatened to unlawfully kill or unlawfully inflict great bodily injury on another person.
The accused make the threat with the specific intent that it be taken as a threat.
The threat is so unequivocal, unconditional, immediate and specific as to convey a gravity of purpose and the immediate prospect of execution (the person was very clear and specific about carrying out the threat).
The threat actually cause sustained fear in the victim (for "a period of time that extends beyond what is momentary, fleeting, or transitory").
The sustained fear was reasonable.

Terrorist and Criminal Threat Penalties

In California, a terrorist or criminal threat may be charged as a misdemeanor or a felony, depending on the seriousness of the threat and its consequences as well as the discretion of the prosecutor. The punishment will vary accordingly and may include jail time, prison, parole or probation, and large fines, and the loss of the right to vote or own a firearm.

Misdemeanor: The court can impose probation (informal) with or without jail time, community service, physical labor, counseling, restitution (paying the victim), fines ($200 to $2000), and "stay-away" orders. A conviction also results in the person having a permanent criminal record.
Felony: In California a terrorist or criminal threat is punishable by up to three years in state prison. Criminal or terrorist threats are considereda "strike" under California's Three Strikes Law.

Defending a Terrorist or Criminal Threats Charge

If you have been charged with making terrorist or criminal threats, the prosecution must prove all five elements listed above. There is a fine line between an off-hand statement or a joke and an actual criminal threat that can be punished by law.

The court will weigh the evidence against the First Amendment which protects your freedom of speech.

An Experienced Criminal Defense Attorney is Critical

Jerry Nicholson, is an experienced Orange County criminal defense attorney and skilled trial lawyer who provides aggressive representation against allegations of criminal or terrorist threats.

We will pursue and prepare all defenses to these charges. We will also raise issues such as lack of or insufficient evidence, mistaken identity, or your right to freedom of speech where applicable.

If you have been charged with making criminal or terrorist threats, contact experienced Orange County criminal defense attorney Jerry Nicholson today.

Child Abuse Accusations

2011-04-12T10:07:00.000-07:00

Child Abuse Accusations

False Accusations
Child Molestation
Crimes Against Children
Sexual Assault on a Child

An accusation of child abuse or molestation can have serious legal and social consequences for the rest of your life.

In recent years, there has been a major increase in accusations of crimes against children. The news media is constantly reporting on high-profile sexual assualts on children, child abuse, molestation, child pornography, child neglect and related crimes.

Those accused of child molestation, abuse or sexual assault crimes are despised, ostracized and reviled by society - even if the accusation is later proven to be false. The publicity surrounding an acquittal or the dropping of charges rarely matches the intensity of the initial accusation. The mere mention or suspicion of child molestation or sexual assault crimes is enough to have someone chased out of the community or thrown out of his/her profession.

A conviction of a child abuse crime may result in the lifelong requirement to register as a sex offender.

California Law

Most child abuse or molestation cases are charged under California Penal Code Sections 288(a) and 288.5(a).

Section 288(a) states that "any person who commits a lewd or lascivious act on a child under the age of 14 is guilty of a felony punishable in the state prison for 3 to 8 years." Each act constitutes one charge.
Section 288.5(a) states that "any person who engages in 3 or more acts of substantial sexual conduct with a child under the age of 14, or 3 or more acts of lewd and lascivious conduct, is guilty of continuous sexual abuse on a child. This crime is also a felony punishable by 6 to 16 years in state prison.

The law defines a "lewd and lascivious" act as any touching to arouse, appeal to, or gratify the sexual desires of either party. However, touching is not a required element of the accused offense.

IF YOU ARE ACCUSED OF CHILD ABUSE, CONTACT AN ATTORNEY IMMEDIATELY

If you or someone you know has been accused of child abuse or molestation, or you are being investigated for such a crime, it is critically important that you contact an experienced attorney immediately. An experienced attorney will understand the law and how to defend you both in court, and in the media if necessary.

Whatever you do, do not attempt to handle this matter on your own or with advice from family members or friends. Anything you say (to anyone), even with the best of intentions, will almost certainly be manipulated and used against you. Do not speak to the police unless you have an attorney present. Anything you say to the police WILL be used against you.

If you are accused of any form of child abuse, contact veteran Orange County criminal defense attorney Jerry Nicholson immediately.

Burglary

2011-04-12T09:45:00.000-07:00

BURGLARY

Breaking and Entering
Residential Burglary
Commercial Burglary
Felony Strikes

Burglary Generally

Burglary is a felony in most states. Burglary is generally defined as the act of entering into a building with the intention of stealing property or committing some other property within. A burglary conviction can result in incarceration, large fines, and a permanent criminal record.

California Burglary Law

Under California Law (Penal Code Section 459), entering a building with the intent to commit a theft or some other felony is classified as burglary.

First Degree Burglary

First degree burglary is often referred to as residential burglary. First degree burglary applies to a variety of premises, such as homes, attached garages, boats, floating homes, trailers, railroad cars, aircraft, warehouses, and the inhabited portions of any building.

The contemplated felony need not be completed in order for burglary to have occurred. Entry with the intent to commit a theft or felony within is sufficient to constitute burglary.

First degree burglary is considered a serious felony and a "strike" in California.

Second Degree Burglary

All other burglaries of cars and businesses are classified as second degree burglary. These auto or commercial burglaries (including shoplifting) are generally charged as misdemeanors but can also be charged as felonies. Second degree commercial burglary is often charged in shoplifting cases. A person can be charged with second degree burglary if caught with scissors or some other cutting tool (used for opening packages or removing price tags) within a retail business.

Penalties for Burglary

First degree burglary is punishable by 2, 4 or 6 years in state prison except in very unusual cases where probation and county jail are ordered. First degree burglary is also a "strike" under California's three strikes sentencing laws. What this means is that if you commit any other felony (including minor drug offenses or felony petty theft) in the future, your sentence in the subsequent case will be doubled.
Second degree burglary is punishable in county jail or state prison depending on whether it is filed as a felony or misdemeanor.

This is because second degree burglary is a "wobbler", meaning that it can be charged either way, as a felony or misdemeanor. If charged as a misdemeanor, then the maximum sentence is a year in county jail. If charged as a felony, the maximum sentence is 3 years in state prison. However, second degree burglary is not a "strike" under California law.

Defending Burglary Charges

The key to burglary is intent. A person must intend to commit a theft or felony when entering the premises to be guilty of burglary. The prosecution in a burglary case does not have to prove that the theft or other felony actually occurred, only that it was intended upon entry to the premises. However, if the theft (or other felony) was not completed, proving intent can be difficult.
Another common defense to burglary is that the accused had a legitimate reason for being on the premises prior to the burglary. This defense is relevant where fingerprints or even DNA evidence place the accused at the scene of the crime, but where there are no eyewitnesses to the crime. Having a legitimate reason to have been at the scene (thus explaining the presence of any identifying physical evidence found there) can provide a strong defense to a burglary charge.
The defense of mistaken identity may be raised in appropriate circumstances. Eyewitness identifications are notoriously unreliable, particulary in the case of cross-racial identifications (where the person providing the description and the person being described are of a different race or ethnic background). A strong (i.e. verifiable) alibi is especially helpful in this context. Any surveillance could help validate the claim of mistaken identity, or establish the truth of an alibi.

Burglary Defense Requires an Experienced and Aggressive Attorney

Burglary charges are very serious and an experienced and skilled criminal defense lawyer should be consulted if you or someone you know is charged with burglary. Jerry Nicholson has extensive experience in successfully defending those accused of first and second degree burglary. We understand the laws and procedures required to defend those accused of burglary. We advocate zealously for our clients. We always keep in mind that our most important goal is obtaining the best results for our clients. Jerry Nicholson is an expert criminal trial lawyer and excels at preparing a defense to burglary and going to trial to obtain an "Not Guilty" verdict.

Assault and Battery

2011-03-30T16:09:00.000-07:00

Assault and Battery crimes are treated very seriously in California and carry harsh penalties.

Assault can be defined as "the unlawful attempt to violently injure another person." Threats and attempt to physically injure someone are forms of assault.

Battery is the "unwanted touching or striking of another person, or anything connected to that person." Battery is a willful violent act, which causes physical harm.

California Assault and Battery Laws

Assault and Battery cases range form simple confrontations and fist fights to domestic violence and assault with a deadly weapon. under California criminal law, charges for these offenses range from misdemeanors and felonies, and include:

Assault: (simple assault) an unlawful attempt, coupled with the present ability to commit a violent injury upon another person. Can only be charged as a misdemeanor.
Sexual assault and battery: unwanted sexual contact in which the victim did not consent to the act. This is one of the more serious crimes because it carries with it the requirement to register as a sex offender.
Assault on a police officer: an unlawful attempt to commit a violent injury upon a police officer, firefighter, EMT or other officer.
Assault with a deadly weapon: using a weapon (other than a firearm) of any kind by means of force likely to produce great bodily injury (GBI). Can be charged as a misdemeanor or felony. A conviction for this offense may be considered a "Strike" under California's Three Strikes Law. Use of an automobile as a deadly weapon could result in lifetime revocation of driving privileges.
Assault with a firearm: an assault on another person using a gun. Can be charged as misdemeanor or felony.
Battery (simple battery): willful and unlawful use of force or violence against another person. Can be charged as either felony or misdemeanor.
Battery with injury: when a battery is committed against another person and serious bodily injury occurs, the battery can be charged either as a felony or misdemeanor.
Battery on a police officer: Intentional and unlawful touching, striking, or hitting of a police officer.
Domestic violence: causing corporal or bodily injury to a family member or a party one has been living with, resulting in a traumatic condition.
Mayhem: disabling or disfiguring a victim's body part, such as a cut lip, injured eye, bitten ear, etc. Charged as a felony.
Torture: causing cruel or extreme pain or suffering by inflicting great bodily injury.

Serious Consequences:

If a defendant is convicted of a misdemeanor or felony assault or battery, the penalties may include:

County Jail
State Prison
Permanent criminal record
Significant fines
Probation and/or Parole
Mandatory anger management classes
Loss of right to possess firearms
Trouble finding employment (background checks)
Lifetime revocation of California Driver's license

Assault and Battery offenses may be applied as "Strikes" under California's Three Strikes Law. This means that any subsequent sentences will be worse than without the prior convictions. A convicted felon with a prior strike will face a double prison sentence for any future strike convictions.

Any conditions which make the assault and battery worse, called enhancements, will increase the eventual punishment.

AN EXPERIENCED ATTORNEY IS ESSENTIAL

If you have been accused or charged with assault and/or battery, you may be able to plead self defense or lack of intent. Your case may even be dismissed depending on the evidence or lack thereof. The only way to properly explore these possibilities is by hiring an experience Orange County criminal defense attorney like Jerry Nicholson, someone with extensive knowledge of California's complex assault and battery laws.

Arrest Warrants and Bench Warrants

2011-03-29T16:00:00.000-07:00

Arrest Warrants and Bench Warrants

The difference between arrest warrants and bench warrants:

In California, both arrest warrants and bench warrants are orders from a court or judge. Arrest warrants and bench warrants can be issued by both Federal and State courts and are executed by law enforcement officers.

An arrest warrant is a formal document given to the police, ordering the arrest and detention of a person. An arrest warrant typically will be issued after a Grand Jury indictment or when law enforcement officials reasonably suspect that criminal activity has occurred. In most situations, people are not made aware that an arrest warrant exists until the police actually arrest them.

A bench warrant is the most common form of California warrant. It is an order for the immediate arrest of a person. Typically bench warrants are issued for failure to appear in court on the date scheduled.

If you believe that an arrest warrant or bench warrant has been issued against you in California, you are at risk of being arrested by the police and brought to jail or court at any time. Although you do not need an attorney to assist with the warrant, you will be at a great disadvantage if you attempt to represent yourself.

If you have an outstanding bench warrant or arrest warrant you need the assistance of an experience Orange County Criminal Defense Attorney such as Jerry Nicholson. Please visit my website at www.jnlawoffices.com for more information or contact me directly. The sooner you act, the better.

Alternative Sentencing Basics

2011-03-28T17:17:00.000-07:00

Alternative sentencing helps a defendant avoid jail.

The term “Alternative Sentencing” describes programs that serve as an alternative to jail. The judge may use alternative sentencing in order to deliver an appropriate punishment acceptable to both the court and the prosecution. The court and prosecution will not accept just any form of alternative sentencing.

Finding the right alternative sentencing program and strategy, one that the court and prosecution will accept, requires the knowledge and skills of an experienced Orange County Criminal Defense Attorney.

Forms of Alternative Sentencing include various community service programs, such as Caltrans roadside cleanup work, work release programs, and graffiti removal projects. Keep in mind that Alternative Sentencing is meant not only as rehabilitation but also as punishment and must fit the crime.

Who is eligible for alternative sentencing?

· Defendants who have not committed serious crimes and who are not facing a mandatory sentence.

· Defendants who have not committed numerous crimes (non repeat offenders).

· Defendants who have not committed serious felonies, particularly violent felonies.

· Defendants who do not pose a risk to themselves or the community-at-large.

Stay out of jail

If you have been charged with a crime, contact an experienced Orange County Criminal Defense Attorney to see if you are eligible for an alternative sentencing program.

CALIFORNIA ALTERNATIVE SENTENCING PROGRAMS

ALTERNATIVES TO JAIL

· Electronic Monitoring, House Arrest, or Home Detention – House arrest, electronic monitoring, and home detention are types of alternative sentencing that limit and/or monitor the defendant’s mobility. The participant is fitted with an electronic device or ankle bracelet. This ankle bracelet monitors the location of the wearer at all times. The wearer may attend necessary functions, such as school, work, church, and other activities approved by the program’s administrator. Electronic monitoring may be court-issued or the defendant may have to apply for it independently of the court with the help of a skilled attorney.

· Work Release or Work Furlough Programs – The participant in this form of program goes to a designated worksite, usually on a daily basis, to perform physical labor. At the end of the workday, the participant is allowed to go home or to return to a housing dormitory facility other than the county jail. Until the work release or work furlough program requirements are successfully fulfilled, the participant is required to continue to return to the worksite the next day or as instructed.

· Drug Courts (Proposition 36) – Drug treatment options for drug users are an effective type of alternative sentence. This strict program includes random drug testing and can be successful for certain highly motivated defendants.

· City Jail or Private Jail – This alternative sentencing programallows the defendant to continue working and complete his or her jail time during weekends in a private, city jail. Participants check themselves in on Friday afternoon and are released on Sunday afternoon. Specific eligibility requirements apply. Participants may be required to pay a fee for their weekend stays.

· Diversion Programs – The defendant is required to complete a series of drug educational programs for a period of six months. When the defendant completes all required classes and programs, charges may then be dismissed. If all classes are successfully completed the conviction may be avoided altogether.

· Sober Living House – The participants in this program are housed in a private facility geared mainly toward defendants with alcohol abuse problems. Here, there are individual and group therapy sessions, along with required house chores. Strict house rules and curfews are enforced.

· Community Service – Participants are required to work in city organizations or perform cleanup duties in and around the city.

Criminal Defense in Orange County: Website under Construction.

2011-03-23T08:25:00.000-07:00

Criminal Defense in Orange County: Website under Construction.: "Our old website is going away. In the coming weeks look forward to a new and improved www.jnlawoffices.com. This is all pa..."

Website under Construction.

2011-03-16T14:57:00.000-07:00

Our old website is going away. In the coming weeks look forward to a new and improved www.jnlawoffices.com. This is all part of our goal to better serve our clients and the public at large. Stay tuned.

Welcome

2011-03-15T16:23:00.000-07:00

Welcome to the new official blog of the law offices of Jerry Nicholson, APC. It is our hope that this blog will serve to help readers understand the complexities of the criminal justice system as applied in Orange County, CA and introduce ourselves to the online community. We welcome comments and suggestions.