How Much Does A Domestic Violence Attorney Cost?

Learn more about our rates that are specific to your case. Our Domestic Violence Attorneys are top rated. We offer a free consultation.

How Much Does a Domestic Violence Charge Cost

Domestic violence is a serious criminal charge, and the consequences of a domestic violence conviction can be significant and long-lasting. If you have been arrested for domestic violence or spousal abuse in Los Angeles, you may be wondering how much a domestic violence charge will cost you. As seasoned criminal defense attorneys, we have seen the heavy financial and emotional toll a domestic violence charge can take on offenders and their loved ones.

From substantial fines to a loss of custody rights, payment of restitution, and possible jail time, the penalties associated with a California domestic violence conviction are not to be taken lightly.

Whether you were recently arrested for a domestic violence crime or charges have already been filed, it is never too late to get qualified legal help. Contact Perlman & Cohen as soon as possible to find out how our reputable domestic violence attorneys can help with your case.

California Domestic Violence Laws

Domestic violence laws vary from state to state, as do the associated penalties. In California, acts of domestic violence can be charged under several different legal statutes, depending on the circumstances and severity of the alleged crime or crimes.

Penal Code § 273.5 PC, also known as corporal injury to a spouse, is the most serious domestic violence-related crime under California law. This statute covers any situation in which a person is accused of causing injury to a spouse, co-parent, or cohabitant where the injury results in a traumatic condition.

If you are involved in an altercation or dispute with a spouse or family member and the police get involved, you could also face criminal charges under Penal Code § 243(e)(1) PC (domestic battery)Penal Code § 240 PC (assault)Penal Code § 242 PC (battery), or any number of other domestic violence laws. The California Penal Code is complex and multifaceted, and it is always a good idea to enlist the help of a knowledgeable Los Angeles criminal defense attorney when facing charges for domestic violence.

Penalties for Domestic Violence Charges

The cost of a domestic violence charge depends on the specific criminal charges you are facing. Each of the California statutes noted above carries its own penalties, which may include a jail or prison sentence, substantial court fines, probation, victim restitution, community service, or mandatory counseling or batterers’ intervention classes, among other penalties.

For instance, if you are charged with domestic violence under Penal Code § 273.5 PC, depending on the circumstances of the charge, you could face the following criminal penalties upon conviction:

For subsequent offenses, the penalties become increasingly severe. Under Penal Code § 273.5 (f)(1) PC, any person convicted of violating the domestic violence statute within seven years of a previous conviction faces imprisonment in state prison for two, four, or five years, or in county jail for up to one year, and a fine of up to $10,000.

The defendant may also be required to make payments to a battered women’s shelter and reimburse the alleged victim for the cost of counseling and other expenses related to the domestic violence offense.

Mandatory minimum jail time applies to certain California domestic violence offenses as well, which means convicted offenders may be required to serve a minimum amount of time in jail upon conviction.

Many domestic violence offenses in Los Angeles are wobblers, which means it is up to the prosecutor to review the facts of the case and determine whether to charge the alleged crime as a misdemeanor or felony offense, based on the type of crime, the level of force used and/or harm inflicted, and the defendant’s criminal history. Felony charges are the most serious.

However, domestic violence allegations of any kind carry a negative stigma, and even misdemeanor offenses are punished harshly under California law.

Additional Consequences of a Domestic Violence Conviction

Defendants facing charges for domestic violence must be aware of the long-term consequences associated with a conviction, which extend beyond fines and jail time. If you are convicted on charges of domestic violence, depending on the charge, you could lose your right to vote or own or purchase firearms, among other important rights. Finding employment with a felony conviction on your record can be extremely difficult, as can being approved for housing. You could even lose custody of your children or face immigration consequences, such as deportation or inadmissibility to the United States, if you are not an American citizen.

A domestic violence conviction also means you would have a permanent criminal record, which can impact your life for years to come. If you face another criminal charge in the future, having a conviction on your record could subject you to more severe penalties if you are convicted and sentenced for the new crime.

How Our Domestic Violence Defense Attorneys Can Help

As you can see, domestic violence charges carry a significant cost. And once charges have been brought, it is unlikely that they will be dropped, even if the alleged victim changes their mind or declines to press charges.

In fact, domestic violence charges can be brought against you even if the other person doesn’t report the incident. Once the police have been called and an alleged act of domestic violence is reported by someone, the matter is in the hands of the District Attorney’s Office. If you have been charged with a domestic violence-related crime in Los Angeles, you need a strong and assertive legal advocate who will fight for your rights and ensure that you have the best possible criminal defense.

Attorneys Daniel Perlman and Matthew Cohen of Los Angeles Criminal Attorneys know how much a domestic violence charge can cost defendants and are committed to putting their expertise to work to help those accused of domestic violence fight back against the charges.

Call Los Angeles Criminal Attorneys today to schedule a consultation with our qualified domestic violence lawyers.

How A DUI Can Affect Your Professional License?

A DUI can affect your professional license adversely. Contact our top rated DUI attorneys for a risk free consultation.

How Can a DUI Affect Your Professional License in California?

If you have a professional license in California, you can lose it with a DUI. State licensing boards do not take kindly to DUI charges or convictions and you should contact the Los Angeles Criminal Defense Attorneys as soon as possible to help you beat a charge.

If you are in the medical or legal professions, military, or any of the other 200 licensed occupations in California, a DUI can keep you from applying for or keeping the professional status you need for employment. You could face disqualification and your career may be in jeopardy.

What is a California professional license?

A professional license is a qualification, admission, certificate, permit or temporary permit, license or temporary license, registration or temporary registration, that is described in the California Business and Professional Codes (BPC) as a requirement for certain jobs in the state of California. These licenses are individual and non-transferable.

Misdemeanor vs. Felony effect on a professional license

A misdemeanor DUI charge typically does not affect your license. But in this electronic age, all illegal behaviors get identified and become available for licensing boards to find. The important thing for most boards is for you to be honest in reporting any illegal activity. Failing to do so brings into question the moral character that a board will want to question.

A felony charge or conviction of either a misdemeanor or felony is another story. While the responsibility to report is the same, there can be criminal penalties involved and more serious actions by state licensing boards. Each board treats DUI offenses a little differently but all are concerned with the honesty and morality of their members.

Can I get a professional work license with a DUI?

Applying for a professional work license with a misdemeanor will probably not be a problem. Anything more serious will depend on the particular Board’s rules. But there are key factors that can make charges and convictions more serious depending on the type of DUI and the license. A DUI for drunk driving would not automatically prevent someone from getting a license from the Board of Pharmacy, for example, but a DUI involving drugs would be a bigger problem to overcome.

Can I lose my Professional License after a DWI or DUI?

A conviction in California for a misdemeanor or felony will result in a notification to the appropriate licensing board or agency. This conviction will probably lead to disciplinary action by that board.

However, a licensing board may not deny your application nor take away your license based on a criminal conviction if the conviction is seven years old and it is not substantially related to the details of your job.

A serious felony can override these rules and can be the most important factor for denying or revoking a professional license.

How can a DUI affect my professional license?

Each profession has its own Board to deal with transgressions. The underlying principles for all are the seriousness of the crime, when it happened, the details involved, was it a misdemeanor or felony, the number of DUIs, are you on probation or parole, and in many cases, what happened after the DUI – have you completed any rehabilitation, etc. All the Boards will want to know if you reported the instance right after it happened or if you tried to hide it.

Here are some of the DUI effects on particular license groups:

DUI and medical license - Physician

A physician is held in high esteem by society and therefore should conduct him- or herself responsibly. A DUI can reflect a violation of that trust, can lead to civil and professional penalties, can jeopardize their residency or specialist programs, can lose their provisional eligibility for insurance programs like Medicare or MediCal, and if serious enough, can result in prison time and medical disqualification.

If there are no unusual circumstances involved, the Medical Board typically does not charge a violation for a single DUI conviction. But it would consider discipline for:

Will a DUI affect my Nursing License?

If you are applying to be a nurse and have been convicted of a first-offense DUI, it is still possible for you to continue with your application because there are very few criminal convictions that will bar you from a nursing license.

But a DUI can affect your ability to take the NCLEX Exam because the test often asks about current or past convictions and board disciplinary actions.

Nursing issues with a DUI:

UI and Dentistry License

The Dental Board of California, like most other boards, is concerned about addiction or substance abuse. Multiple offenses will lead to investigation and possible discipline. A first-offender will probably not have a problem with the Board. But any conviction should be reported, and discipline will probably follow, usually through the processes of Accusations or Stipulated Agreements.

Dentistry issues with a DUI:

Can I get a Pharmacy License with a DUI?

Pharmacists, like physicians, are in constant contact with drugs and chemical substances including narcotics. The potential for abuse is present all the time. Given the job, the Pharmacy Board is very sensitive to any drug violation.

DUI and Pharmacy Licenses are individually judged. Like many other medical professions, a drunk driving charge is not an automatic bar to getting or keeping a license. The discipline depends on the severity of the DUI, multiple DUIs, and rehabilitation terms, and compliance.

DUI and Law Practicing in California

Like physicians, attorneys are held to a higher standard in society. A DUI misdemeanor is not necessarily a “crime of moral turpitude” and a reason to revoke a law license, but if convicted of any DUI, a lawyer must report the details of the arrest and conviction.

BPC Codes 6101 and 6102 direct the State Bar to be notified of any criminal charges and convictions. The notification leads to an immediate investigation. Discipline depends on the circumstances of the DUI.

DUI and the Military

The Military Services have strict guidelines and carry stronger disciplines for DUI than the civilian world. You will not be allowed to join the United States Armed Forces if you are convicted of any kind of DUI. And if already in the Military, sentences could involve pay deduction, demotion, prison, and/or dishonorable discharge.

Other professions

Real Estate

If you are applying for a real estate license, you should know that the California Department of Real Estate can consider criminal convictions, including a DUI, when evaluating applications. But the Board is more concerned about crimes that are “substantially related” to the job, such as fraud, bribery, or counterfeiting. Reporting your DUI is important because the Board also considers dishonesty a substantial issue.

ABC

The application for a liquor license asks questions relative to past behavior including whether the applicant has had a criminal conviction, has been fined, placed on probation, forfeited bail, or is being prosecuted for a law violation. A DUI conviction would make it very difficult to get a liquor license, especially if there were multiple arrests.

Engineers

Engineers and contractors deal with the public all the time and are expected to be honest and responsible and care for the safety of their clients. The CSLB is concerned more about crimes of theft, fraud, or violence and these will no doubt lead to discipline.

If you have had a DUI within the past seven years, the Board may still accept your application if the DUI is not substantially related to the duties of your job.

What should I do to protect my license after a DUI?

If you get a DUI, you should contact the offices of the Los Angeles Criminal Defense Attorneys to help establish a defense to protect your professional license. You will be advised on your Board’s reporting requirements and disciplinary actions.

You will also learn what you can do to demonstrate good moral character and responsible decision-making involving community service, rehabilitation programs, etc.

How do I fight a DUI charge?

There are many ways to fight a DUI, and the Los Angeles Criminal Defense Attorneys know all of them and can help you challenge evidence including blood test results, erratic driving, and field sobriety tests. Your professional license is too important to fight these allegations by yourself. Contact a good attorney.

Contact the Los Angeles Criminal Defense Attorneys to help with your license protection

We have helped many professionals with their application for licensing and we have helped many professionals keep their licenses in good standing. Contact us today for the information and assistance that will help protect your career.

Contact Attorney Daniel Perlman or Matthew Cohen today at the office of Los Angeles Criminal Defense Attorneys, (310) 557-1700.

How A DUI Affects Your Life?

Learn about the affects of a DUI on daily life.. Contact our top rated DUI attorneys for a risk free consultation.

How a DUI Affects Your Life

If you have been charged with DUI in California, the first thing you should do is contact Perlman & Cohen because a conviction can bring devastating changes your life. Your life may not be over but DUI will put your career and livelihood in jeopardy. Your finances may be ruined for years. Criminal penalties, costly court-ordered classes, and alternative transportation, among others, combined with a possible loss of income, will definitely impact your lifestyle.

Going to college or buying a new house will be a problem because lending institutions frown on criminal behavior. Insurance rates will jump as well. If your car was impounded by the police, there is a fee to get it released. And all this is just the start of your financial woes.

Read The Small Print: Your DUI Can Get You Fired

Many companies have employees sign contracts that contain information relative to criminal behavior and states that this is grounds for dismissal.

So, you could be legally fired for a DUI. And if that happens, it will be difficult to find another job since those other companies have the option to do a background check on you. If they do, they will easily find the DUI because it stays on your record for 10 years – all the more reason to hire a Los Angeles Criminal Defense Attorney. They can do a lot to help you including plea bargain to reduce the charges.

DUI effect on professional license and security clearance

In some professions, where licensing or certifications are required, job loss is very probable. This includes medical professions like doctors and nurses, legal professionals, and commercial transportation drivers. Anyone who deals with the public and needs a high degree of credibility is at risk when given a DUI. Military and government officials who have security clearance are examples of those who have to face a new reality as a result of DUI.  

Can You Travel with a DUI?

Your freedoms will change with a DUI, starting with jail or prison time. Furthermore, you will have less time for recreation and travel with the court-ordered classes (e.g., mandatory DUI classes AA classes) and court appearances you will face, and your travel experience will be very different after a DUI. Even if you can still drive your own car, an IID (ignition interlock device) will be installed and you will have to deal with that. Or you will have to get used to public transportation – buses, Uber cabs, subways, or have to ride with friends.

And forget that travel to other countries because DUI travelers will not be allowed to visit them. There are DUI restrictions in Canada, Japan, Australia, South Africa, the United Arab Emirates, China, and Malaysia, among others.

Canada says “Not here” to DUI travelers

Canada, especially, is very strict about not allowing American visitors with DUI records. About one-third of all vehicle accident deaths in Canada are caused by impaired drivers. More people die from impaired drivers than from murder in Canada. And they strongly believe it is preventable.

You will need authorization from Canadian immigration officials to get there. But there are some other ways to enter the country. You should consult with a Los Angeles Defense Lawyer to learn about getting a Temporary Residence Permit or entering Canada through the Criminal Rehabilitation process.

Will a DUI affect citizenship application?

DUI affects immigration, too. If you plan to apply for a Green Card, keep in mind that part of that process is to do background checks. Any criminal record will make the process much more difficult.

Will a DUI Ruin My Life?

Family life can suffer from a DUI. Repeated offenses or accidents caused by DUI can tear apart families. Spouses sometimes separate. If you have children, your ability to care for them can change. You could lose custody over a DUI. This is a chain-reaction effect of DUI that can be the most devastating of all.

Your self-image will suffer from a DUI

There is a lot to deal with. The jail time, fines, fees, probation, and 10-year record are part of it. Many people suffer embarrassment and remorse from all the after-effects, and when the loss is extensive, it can lead to great depression. DUI offenders suffer a loss of self-esteem. Their reputation is damaged. They may be out of a job. They may have a broken family.

Their friends and colleagues look at them in an entirely different way. If the DUI caused an accident and someone was injured or death was the result, it is even more devastating to the DUI driver. And the sadness doesn’t even end here. The ultimate negative outcome of DUI can include suicidal thoughts or actions by the driver.

Conviction for DUI Vehicle CODE 23152(a) vc and 23152(b) vc

There are two primary laws for DUI offenders in California. The first is Vehicle Code 23152(a) that makes it illegal to drive under the influence of alcohol. The second is Vehicle Code 23152(b) that makes it illegal to drive with a BAC of .08% or greater. There is a good chance that anyone arrested for DUI will be given both charges.

DUI Penalties Depend On Several Factors

There are also two main factors for determining the severity of a DUI. They are whether you had prior DUIs and whether there were any injuries as a result of your DUI. The charges may be filed as a misdemeanor (e.g. first-time offender, no one was injured, etc.) or a felony (e.g. 4 previous DUIs or someone was injured). The time to hire a Los Angeles Defense Attorney is at the beginning, before the DMV Hearing when there is still a chance to prevent your license from being s

For multiple offenders, there is a 10-year window of probationary time, and penalties get more serious with each offense – another reason to have a good relationship with a Los Angeles Defense Lawyer.

First offense – Misdemeanor DUI

The defendant can get up to 6 months of jail time and suspension of driver’s license for 4-10 months (but driving may be allowed by getting an IID for 6 months); $390- $1000 in fines; 3 or 9 months of DUI classes.

Second offense – Misdemeanor DUI

The defendant can get 96 hours to 1 year in jail and suspension of driver’s license for 2 years (but driving may be allowed by getting an IID for 1 year); $390- $1000 in fines; 18 or 30 months of DUI classes on a second offense.

Third offense – Misdemeanor DUI

The defendant can get 120 days to 1 year in jail; driver’s license suspension for 3 years (but driving may be allowed by getting an IID for 2 years); $390-$1000 in fines; 30 months of DUI classes.

DUI with Injury – Misdemeanor DUI

The defendant can get 5 days to 1 year in Jail; driver’s license suspension for 1 to 3 years (but driving may be allowed by getting an IID for 6 months); $390-$5000 in fines plus restitution for injured parties; 3, 18, 0r 30 months of DUI classes.

First offense DUI with injury – Felony DUI

The defendant can get 16 months to 16 years in state prison; driver’s license suspension for 1 year (but driving may be allowed by getting an IID for 1 year); $1015-$5000 in fines plus restitution for injured parties; 18 or 30 months of DUI classes.

Felony DUI

The defendant can get 16 months or 2 years or 3 years in state prison; driver’s license suspension for up to 5 years; $390-$1000 in fines; 18 or 30 months of DUI classes.

Contact Perlman & Cohen For A Free Consultation The Los Angeles assault attorneys are experienced with many cases of DUI and can advise you of your rights and help you outline a proper defense that will maximize the outcome of your case. Contact Attorney Daniel Perlman or Matthew Cohen at Perlman & Cohen, (310) 557-1700.

How A DUI Affects Child Custody?

Learn about the affects of a DUI on child custody. Contact our top rated DUI attorneys for a risk free consultation.

How does a DUI Affect Child Custody?

Separated parents who can’t agree on child custody rules often try to discredit one another and will point to any DUI as proof of the inability to protect the child. Since the prime objective of the courts is to do what is best for the child, a DUI will weigh heavily on a judge’s decision.

It is important to consult with a Los Angeles Defense Attorney if you are a parent because several factors contribute to how much a DUI arrest affects child custody including recency, frequency, and whether a child was in the car during the DUI.

DUI arrest and child custody

A DUI without a child in the car is by itself an indication that the parent may not be responsible enough to care for his or her child. When there is a child in the car, the matter gets much worse.

DUI with a Minor (Child in the car)

California Vehicle Code 23572 is designed to protect minors by penalizing anyone who drives under the influence with a passenger aged 14 or under. These penalties are in addition to those given for the DUI.

If your child is in the car when you are arrested for DUI, the police can take the child into temporary custody and decide where to take the child for care, possibly placing the child with family members (including the other parent). If this is not possible, your child could end up with the California Department of Child and Family Services.

If you are the custodial parent, your current custody privileges will be in jeopardy. If you are a non-custodial parent, your chances of getting custody are very much diminished by a DUI.

DUI with a Minor (Sentence enhancement)

When there is a Minor involved in a DUI case, prosecutors often seek sentence enhancements in addition to the DUI charge, and these additional charges depend in part on the number of your prior DUIs:

Multiple DUIs, with the added penalties, will reflect a dependency factor that indicates to a judge that you are not capable of caring for your children in a normal, supportive environment.

Can you lose custody of your child with a 2nd DUI?

A second DUI in California has several penalty provisions that can affect your custodial responsibilities. They involve financial assessments of up to $4000 and possible jail time of up to 1 year. There is a 2-year suspension of license but after 90 days, you may qualify for restricted driving with a mandatory installation of an ignition interlock device on your car. This would allow you to travel to work or school.

Will any of these factors keep you from caring for your child? If so, you should consult a Los Angeles Defense Attorney for assistance in Custody Court. Other factors may also influence your custody status – drug or alcohol dependencies, whether you were in a DUI accident, whether your child was in the car, and whether you can show maturity and responsibility in other ways. Any of this can have a critical bearing on whether you keep or lose custody. These factors can also affect your visiting rights, the time you get to spend with your child (if any), and whether you can transport your child in a vehicle.

Child endangerment (aggravating factors)

California law has another law that protects children, Penal Code Section 273(a) that states anyone driving under the influence with a minor passenger can be charged with child endangerment.

If the prosecution seeks child endangerment charges, it is critical that you have a Los Angeles Defense Attorney represent you because custody of your children is definitely at stake here. A conviction for misdemeanor child endangerment can lead to a jail sentence of up to 364 days. A felony conviction can lead to a state prison sentence of 2, 4, or 6 years.

Any charge of child endangerment will show that, not only do you not have the best interest of your child at heart, but you are actually a danger to that child. Child safety is the basis for custody decisions.

DUI probation and child custody

Probation can be a conditional penalty for DUI. Your child custody will depend on your behavior during that time, including your ability to remain free of drugs and alcohol. As a condition of probation, you can be asked to take a random alcohol or drug test. A Los Angeles Defense Attorney can alert you to what can happen during DUI probation.

When did the DUI occur?

In addition to frequency of DUI convictions, the timing is also important. If your DUI was 10 years ago, the courts will look at that differently than if it was last month. A DUI conviction more than 10 years ago is no longer counted as a prior conviction on your record.

Child custody and rehabilitation

An important factor in determining responsibility for the care of a minor after a DUI is what has happened since. Have you shown a determination to address your dependency on alcohol or drugs? Have you attended AA meetings or attended a drug rehabilitation center? Your actions to “get things right” will be viewed as a positive step toward maintaining or getting custody of your children.

Get in touch with Perlman & Cohen for a Free Consultation

Perlman & Cohen, experienced in all aspects of DUI and its effects on child custody, can help you prepare a proper defense that shows you are a responsible parent. Legal representation is your best strategy in keeping or acquiring custody of your child.

Contact Attorney Daniel Perlman or Matthew Cohen at Perlman & Cohen, (310) 557-1700.

How A DUI Can Affect Your Car Insurance?

A DUI can affect your car insurance adversely. Contact our top rated DUI attorneys for a risk free consultation.

How Does DUI Affect Car Insurance?

If you receive a DUI, you may be faced with financial penalties that include fees, fines, and if an accident were involved, restitution as appropriate for other parties. But that’s not all you have to worry about. Your car insurance can become so costly that you can no longer afford it.

No one needs to see insurance policies get canceled or rates increased from a DUI. But that’s how a DUI can change your driving life. Insurance companies look at driving behavior, court records, and legal findings to determine your insurance rates. A DUI raises a red flag. A Los Angeles Criminal Defense Attorney can explain how DUI affects your insurance and how you can minimize those additional expenses.

Do I have to report the DUI to my insurance company?

Depending on the circumstances, you don’t always have to report your DUI to your insurance company. If reporting is not required, then the insurance company can only learn of your DUI through other means such as a background check when it comes time to renew your policy or apply for a new one.

The DUI can also come to light if you were in an accident. You would have to report that to your insurance company and the details would involve the DUI charge. The other way the insurance company finds out is if you are asked to provide an SR-22 form to certify that you have insurance.

License suspensions normally occur 30 days after a DUI arrest. It is advisable to get in touch with a Los Angeles Criminal Defense Attorney who can help you request a DMV Hearing within the first 10 days to fight the suspension and any SR-22 requirement.

What is an SR-22?

An SR-22 provides certification that you have automobile liability coverage that meets the minimum coverages required by California’s DMV. Those minimums are:

You would need to keep the SR-22 proof of insurance coverage for three years. If you let your insurance lapse during this period, the SR-22 will be revoked and the DMV will suspend your license again.

It won’t help to move to another state because the SR-22 requirement transfers with you when you apply for a new license. This is also true for anyone with a DUI who transfers to California and seeks a new license.

Will my car insurance be cancelled after a DUI?

According to California law, your policy cannot be canceled before your policy ends, even after you get a DUI. But when the policy does end, your insurance company can offer a new premium (at a higher rate) or they can legally cancel your policy. You are of course free to seek other insurance companies. California law also requires that insurance companies who renew policies for DUI drivers must remove their 20% “good driver” discounts.

How much will my insurance go up?

Insurance rates depend on many things – such as age, gender, credit score, driving history, city, neighborhood, homeowner or renter, and marital status. With a DUI, the rate can go up an average of 65%. Repeat DUI offenders can expect rate increases much higher – doubling or tripling their original rate.

How long will the DUI stay on my insurance?

The DUI will stay on your driving record for 10 years, and anytime throughout that period, your insurance company may find out about your DUI and raise your rates when they legally can.

The full financial impact on your insurance will last for 7 years. If you can keep from further incidents, your rate should start to come down gradually in 3-5 years. Some insurers take a little longer to pass along this benefit.

After 10 years, the DUI is off your record and cannot affect your insurance any longer.

Are DUI accidents covered by insurance?

Legally, California insurance companies have not been required to pay for damages from intentional and illegal acts. A DUI is an illegal act – but it is usually not intentional. Drivers under the influence do not normally want to hurt anyone. And they don’t want to damage their cars.

But insurance companies may argue that drunk drivers intended to drink and drive, recklessly operated their vehicle, and increased the risk of causing an accident. A Los Angeles Defense Attorney can help litigate this difference of opinion in your favor.

In California, drunk drivers are not always responsible for the accidents they are involved with. They could be involved in accidents caused by other drivers.

What if the accident wasn’t my fault?

California is a “comparative negligence” state, which means that more than one driver may be at fault in an accident. A driver under the influence may be found partly at fault while a sober driver may be found more at fault. In this case, both insurance companies may share the costs.

If another driver is totally at fault and caused the accident, the impaired driver’s insurance company may not have to pay anything. Contact the Los Angeles Criminal Defense Attorneys today for immediate assistance

If you find yourself charged with DUI, the Los Angeles Criminal Defense Attorneys can help you fight the charges, challenge the need for an SR-22, and help you navigate the insurance process. You have enough bills to pay. You don’t need more.

Contact Attorney Daniel Perlman or Matthew Cohen today at the office of Los Angeles Criminal Defense Attorneys, (310) 557-1700.

Hiring An Attorney For Conspiracy Charges

Conspiracy charges are serious crimes that can lead to jailtime. Learn more on how they might affect your situation and case.

Los Angeles Conspiracy Attorneys

Persons charged with committing conspiracy in Los Angeles may face very serious charges, even if they did not take part in the underlying crime. Or an acquaintance may accuse you or a loved one of being part of a conspiracy.

The accuser may do that because they are facing conspiracy charges and is trying to cut a deal with the prosecutor. In either scenario, experienced Los Angeles conspiracy attorneys can dig into the facts of the particular case and create your defense. They will also protect your rights.

What is a Criminal Conspiracy in Los Angeles?

California Penal Code §182 PC defines the crime of conspiracy. According to that statute, conspiracy occurs when a person agrees with one or more people to commit a crime. In addition, one person of that group then takes an overt act in furtherance of the agreement.

There are several elements to the crime of conspiracy that experienced Los Angeles conspiracy attorneys know the prosecutor must prove beyond a reasonable doubt-but could pose stumbling blocks to a successful prosecution:

What Are the Penalties if a Person Gets Convicted of Conspiracy?

If the underlying crime the conspirators are planning is a felony, conviction of conspiring to commit that felony carries with it the same penalties as the underlying crime. Therefore, if the jury convicts a person of conspiracy to commit first-degree murder (Penal Code §187 PC), the penalty is 25 years to life in state prison.

If the defendant was involved with a conspiracy to commit a misdemeanor, the crime becomes a “wobbler.” A wobbler in California is a crime that the prosecutor charges as a felony or a misdemeanor at their discretion.

Whether they will charge a felony or misdemeanor will depend on the seriousness of the underlying crime and the extent of the defendant’s participation in the conspiracy. Additionally, they will review the defendant’s criminal history, if any.

A conviction of conspiracy can be expunged once the defendant has completed their jail term and/or term of probation.

Conviction of conspiracy can have a [negative impact on a person’s immigration status]. A conspiracy conviction could result in deportation or a person being declared “inadmissible.”

What Defenses Are Available to a Person Charged with Conspiracy?

There are several defenses experienced Los Angeles conspiracy attorneys can raise defending against conspiracy charges:

Los Angeles Conspiracy Lawyers

Persons facing charges of conspiracy charges may get sentenced to years in state prison if convicted. They need knowledgeable Los Angeles conspiracy attorneys to investigate the charges, poke holes in the prosecutor’s case and protect their constitutional rights.

Daniel Perlman and Matthew Cohen are experienced Los Angeles criminal lawyers at Perlman & Cohen. They have represented numerous persons in Los Angeles courtrooms facing conspiracy and other felony charges. Perlman & Cohen will stand by anyone facing conspiracy charges.

We will negotiate a plea to lesser charges if appropriate. Otherwise, we will prepare the case for trial and make prosecutors prove their case beyond a reasonable doubt. Call us at (310) 557-1700 to set up a free consultation.

Hiring A Prescription Fraud Attorney

Our prescription fraud attorneys can help you navigate your case. We offer a risk free consultation.

Prescription Fraud Attorney Los Angeles- California Health and Safety Code 11173 HS

Controlled substances such as cocaine, heroin, and methamphetamines are not the only drugs that feature in criminal activity. Prescription fraud is a common crime that encompasses both the illegal dispensation and the use of medications that are often prescribed for pain management, depression, and ADHD. If you have been arrested in relation to this type of crime, having a knowledgeable prescription fraud attorney by your side will provide you the best chance of beating the charges.

What is California Health and Safety Code Section 11173 HS?

Under California Health and Safety Code Section 11173 HS it is unlawful to misuse prescription drugs. This may include excessively prescribing medication, using without a prescription, or obtaining large amounts of prescription medication through doctor shopping.

Under this code doctors can be prosecuted for over-prescribing medication (which can often be referred to as a ‘pill mill’) and patients may be prosecuted for seeking out multiple prescriptions under false circumstances (called ‘doctor shopping’.) These behaviors that both fall under the category of prescription fraud are very serious crimes because prescription drug addiction has become such a huge problem throughout California and the rest of the country.

The following activities would be considered prescription fraud under California Health and Safety Code Section 11173 HS:

A few of the most common controlled substances that are subject to prescription fraud are Adderall, Morphine, Oxycodone, Valium, Vicodin, and Xanax.

Is Prescription Drug Fraud a Misdemeanor or Felony?

Prescription drug fraud as outlined under California Health and Safety Code Section 11173 HS can either be prosecuted as a misdemeanor or a felony. It is what is referred to as a ‘wobbler’ offense because of this feature. As expected, if charged as a felony, prescription drug fraud comes with harsher penalties than if it is prosecuted as a misdemeanor.

What are the Penalties for Prescription Drug Fraud in California?

The crime of prescription drug fraud can either be charged as a misdemeanor or a felony depending on the decision of the prosecutor. If someone is found guilty of a misdemeanor for this crime, they are likely looking at a maximum of one year in county jail as well as a fine upwards of $1,000. In the case of a felony, the jail sentence would likely be increased to up to three years and the maximum fine would go up to $20,000.

Whether the crime of prescription drug fraud is prosecuted as a misdemeanor, or a felony depends largely on the circumstances of the offense as well as whether the defendant has a prior criminal history. There is a significant difference between these punishments and a seasoned attorney is your best bet for obtaining the best possible outcome— minimizing jail time and fines, or getting the case thrown out altogether.

Learn How Our Los Angeles Criminal Defense Attorneys Can Help You Beat Prescription Drug Fraud Charges

Being charged with the crime of prescription drug fraud does not necessarily mean that you will be found guilty in court. There are a number of defenses that can be used to fight these charges and a lawyer who has handled many of these cases will know exactly which will work best depending on the circumstances of your case. This is why it is important to immediately seek out the help of a prescription drug fraud attorney.

How Do You Beat Prescription Drug Fraud Charges?

Some of the more common defenses that are used to fight prescription drug fraud cases include showing that there wasn’t any fraud involved in the procurement of the drugs, entrapment by law enforcement, and obtaining a coerced confession from the defendant. If any of these can be proven by the defense it might be grounds for having certain evidence, or even the entire case, thrown out. Let’s take a closer look at these three defenses:

Lack of Fraud

Because the presence of fraud (for example, by misrepresentation of one’s circumstances) is a necessary part of proving the crime, demonstrating that it didn’t exist in the case is one way to fight charges. If someone has a verifiable medical condition and they went to more than one doctor to obtain a prescription but were forthright about their state it may not constitute fraud in the eyes of the law.

Entrapment

If a defendant was shown to be lured into committing a crime (as might happen during an undercover police operation) this could put into question whether the defendant was harassed, pressured, or otherwise unduly influenced to participate in the crime. This could be grounds for dismissing a case.

Coerced Confession

If the defendant provided a confession at the time of arrest, and later it was shown that this was done in response to overbearing measures taken by law enforcement, it could render the confession unusable in court. At a minimum the confession will be thrown out if it was found to be coerced. And if the case was wholly built around a coerced confession, there is a good chance that the judge may choose to dismiss the case.

Contact Daniel Perlman and Matthew Cohen Today for A Free Consultation

Crimes prosecuted under California Health and Safety Code Section 11173 HS should not be taken lightly and ensuring you have the help of an expert lawyer is the best way to avoid significant jail time and hefty fines. Prescription drug fraud cases should be fought by someone who has the know-how to mount a strong defense. Los Angeles Criminal Defense Attorneys Daniel Perlman and Matthew Cohen have successfully represented clients in prescription drug fraud cases.

To speak to someone about your case, call our offices at 1 (310) 557-1700 and we will put you in touch with our knowledgeable attorneys.

Hiring A Drug Possession Attorney

Our drug possession attorneys can help you navigate your case. We offer a risk free consultation.

Drug Possession Attorney Los Angeles- California Health and Safety Code 11350 (a) HS & California Health & Safety Code 11351 HS

The offenses of drug possession and drug possession with intent to sell can be severe crimes that come with severe penalties. Enlisting the help of an attorney that is experienced in drug possession cases can make all the difference in the amount of jail time served and fines that you are required to pay.

If you ever find yourself in a situation where you are facing one or more types of drug possession charges, you’ll want to have an expert lawyer by your side so that you can develop the best defense for your case.

What is California Health and Safety Code section 11350 (a) HS?

Under California Health and Safety Code section 11350 (a) HS, it is a misdemeanor to unlawfully possess a controlled substance. As outlined in the United States Controlled Substances Act, these include street drugs such as heroin, cocaine, GHB, LSD, hallucinogens, and opioid drugs, as well as prescription medications like Vicodin and Oxycontin if they are held by someone without a valid prescription. There is a listing of over 100 specified controlled substances under this act.

Constructive Possession

Possession can mean having the substance on your actual person, but there is also something called “constructive possession” which means that if a controlled substance is found in a location (such as a closet, storage unit, car, etc.) that you have ownership over, you can be charged with possession even if it is not physically with you when found.

What is California Health and Safety Code section 11351 HS?

Under California Health and Safety Code section 11351 HS, it is illegal to possess a controlled substance for the purposes of selling or intending to sell.

The intent to sell a controlled substance is considered a much more serious crime than simple possession, and for that reason, the penalties associated with these charges are more severe. It often happens that people who are in possession of any controlled substance can easily be accused of intending to sell, and therefore, it is important to have a lawyer by your side who can help defend against these charges.

In order to establish a case of possession with intent to sell it is up to the prosecutor to demonstrate that the defendant:

The definition of selling, in this case, involves the exchange of the controlled substance for any other goods or services, anything that could be considered of value to someone else.

An actual sale doesn’t need to be taking place for an arrest to be made. Circumstantial evidence that points to intent to sell is enough to make an arrest. This might include the discovery of excessive quantities of a controlled substance, the mere presence of scales to weigh drugs or significant stores of cash which are associated with illegal transactions.

Is Drug Possession or Drug Possession with Intent to Sell a Misdemeanor or Felony?

Drug Possession may be classified as a misdemeanor in most cases in California. However, drug possession with intent to sell is nearly always charged as a felony and comes with much more severe punishments.

What are the Penalties for Drug Possession and Drug Possession with Intent to Sell in California?

Penalties for Drug Possession

When a person is found guilty of drug possession under California Health and Safety Code section 11350 (a) HS, they may be subject to jail time of up to one year, fines up to $1,000 and ongoing probation or parole as well as random drug testing.

Penalties for Drug Possession with Intent to Sell

If someone is found guilty of drug possession with intent to sell under California Health and Safety Code section 11351 HS, they will likely be looking at a jail sentence from between two to four years and a fine of up to $20,000. With simple drug possession, a defendant might have the option to lessen their sentence by entering a drug program, but this option is usually unavailable for defendants fighting an intent to sell charge.

If the controlled substance in question is cocaine that was intended to be sold this can increase the punishment by a significant amount. In this case the punishment could be directly related to the amount of the substance discovered by weight. It becomes a sliding scale where, for example, three years may be added onto the sentence if more than one kilogram of cocaine was found. If more than 2 kilos are found a judge may tack on an additional 5 years and so on. This makes it incredibly important to work with an attorney who is familiar with how these charges work.

Defenses to Drug Possession with Intent to Sell

Depending on the circumstances of your case, it is possible to fight drug possession and drug possession with intent to sell charges. An expert attorney will know the best ways to fight for you. They will know the most common ways to question the evidence that was used to make the arrest. For example, one common way to have charges dismissed is to prove that the search that occurred to uncover the evidence was done unlawfully. In a circumstance like this it is possible to have the entire case thrown out.

Learn How Our Los Angeles Criminal Defense Attorneys Can Help you beat Drug Possession Charges

If arrested for a case that includes drug possession or drug possession with intent to sell, it is extremely important that you immediately speak to someone who is well-qualified to take on your case. Because the stakes are so high and the penalties might include a felony conviction and serious jail time, speaking to a lawyer that is experienced in drug possession cases is the best way to ensure you get a positive outcome for your case.

What Happens On A Second DUI In California?

Getting a second DUI in California can have major impacts on your life. Our 2nd DUI Law guide provides information on penalties and changes to your license.

What Happens on a Second DUI in California?

As you might imagine, the penalties for obtaining a second DUI in the state of California tend to be harsher. This is because, as a priorable offense, each instance of a DUI will escalate the punishment further compared to previous cases. Calling a Los Angeles Criminal Defense Lawyer when the second DUI is established is essential.

While the facts of the case will ultimately determine the penalties that are handed down, a knowledgeable lawyer will provide a better chance of minimizing them as much as possible.

What Constitutes a DUI in California?

Someone who already has a DUI on their record is expected to have clear knowledge of what the expectations for operating a vehicle are and the dangers of driving while under the influence. The use of drugs and alcohol while driving is a great danger to oneself and the public.

When someone is pulled over by the police they will be observed for erratic behaviors and other tell-tale signs that could indicate intoxication. The officer may note enough physical evidence through a field sobriety test to immediately charge the driver with a DUI.

In many cases a person will be asked to submit to an on-site breath test. This usually will provide a more concrete piece of evidence as the Blood Alcohol Concentration (BAC) for drivers must not reach or exceed 0.08%. In the case drivers under 21 years of age, the limit is much a much more stringent 0.01% threshold. Any reading on or over that amount will result in a DUI. For professional drivers a BAC of 0.04% is the limit.

A BAC that is at or above the limits outlined above will necessitate an automatic DUI, however the officers can use their own discretion in deciding what constitutes a DUI.

What are the penalties for a second time DUI in California?

As mentioned before, similar methods of punishment are used in both the first and second DUI offense, but the latter typically will be for a longer duration and come with a higher fine. If the person’s previous DUI occurred within the previous 10 years this will have a direct impact on the sentencing to follow from a second DUI. Each county will have their own slight differences in penalties. In Los Angeles County the range of penalties are as follows for a second DUI:

If the second DUI occurs during the probation period of the first DUI, this will have a significant impact on the penalties that are handed down by the court. This might include extended jail time on top of what would have been the original sentence for a non-probationary period second DUI. A second DUI is very serious, and you’ll want a knowledgeable Los Angeles Criminal Attorney by your side to help you through the court process.

Depending on the circumstances of the DUI, how long ago the first one occurred, and whether there is a substance abuse problem playing a role in the offense, judges have a lot of leeway to hand down penalties. Although there are mandatory sentences associated with a second DUI (such as jail time) the courts do balance the need to punish dangerous behavior with the need to help the defendant get the support they need to overcome a possible addiction to drugs or alcohol.

Top Defenses Used in a Second Time DUI Case

The accumulation of a second DUI on a person’s record is not a pattern the courts like to see. Having an established Los Angeles criminal defense lawyer help defend you is the smart choice if you find yourself in this situation. They will know the best ways to handle your case and minimize the penalties you will be subject to.

Some of the more common defenses used in DUI cases include:

The Arresting Officer Mistaking Confusing Physical Signs as Intoxication

Some DUI arrests are made at the discretion of the officer on the scene. A field sobriety test, in which the physical capabilities and coordination of the driver are tested, may give an indication of whether a driver has all of their faculties. But it has been shown that depending on the testing environment and the emotional state of the person during the test it is possible that someone could fail the test for reasons other than actually being intoxicated.

Inaccurate BAC Reading

Blood Alcohol Content (BAC) readings seem extremely straightforward but there are ways in which this evidence could be inaccurate. Improper use of the device, faulty equipment, and even pre-existing conditions with the person being tested can lead to a higher BAC than is accurate.

Improper Arrest Procedures

If any part of the DUI arrest is conducted outside the scope of required procedures, it may be possible for a good lawyer to argue and have that evidence disallowed from the court hearing.

Arrange for a Free Consultation With Our Experienced DUI Attorneys

A second DUI should not be taken lightly. Finding an experienced lawyer to provide a strong defense in your case will be important to ensuring you do not receive the maximum penalties. Daniel Perlman and Matthew Cohen are experienced Los Angeles Criminal Defense Attorneys who have worked with numerous DUI cases and helped them get the best outcomes for their cases.

For immediate help on your DUI matter, and to schedule a consultation with our team, call us at 1 (310) 557-1700 today.

What Happens On A 4th DUI In California?

Getting a 4th DUI in California can have major impacts on your life. Our 4th DUI Law guide provides information on penalties and changes to your license.

What Happens on a Fourth DUI in California?

When someone obtains a fourth DUI during a 10-year period the penalties can be extremely harsh. Even if there are no aggravating circumstances such as injury or excessive speeds, the courts may be inclined to pursue a felony charge, rather than the less severe misdemeanor. This is because repeat offenses may demonstrate a total disregard for the safety of others.

Since the potential of a felony conviction is much higher on a fourth DUI case, it is extremely important to obtain proper legal counsel during this process. A skilled Los Angeles Criminal Defense Lawyer will provide you with the best chance of avoiding a felony conviction and keeping jail time to a minimum.

What is considered a DUI in California?

Driving under the influence of alcohol and drugs can create a very dangerous scenario for the person behind the wheel and everyone else on the road. The presence of certain drugs in a person’s system at all may warrant an automatic DUI, however, there are certain levels of alcohol (as determined by Blood Alcohol Concentration) that may be permitted by a driver. Typically, a driver over the age of 21 years of age is within the legal limit if their BAC registers less than 0.08%

In the case of a driver who is already in a probationary period for a previous DUI, there may likely be a zero-tolerance rule in place (as a part of the conditions outlined by the court.) If this is in place, then a Blood Alcohol Concentration reading of 0.01% or higher is enough to put another DUI on that person’s record. Drivers under the age of 21 are also subject to this very strict rule.

While a BAC reading is one of the most common and concrete ways to determine a DUI, there are other methods of evaluating someone’s ability to operate a vehicle. During a field sobriety test an officer will review the physical coordination of the driver in question and make a determination if they are fit to drive a vehicle and if there are signs that a person might be under the influence of some sort of drug. It is up to the arresting officer to decide whether a DUI will be handed out based on what they observe of the person.

Penalties for a Violation of California Vehicle Code Section 23550 VC

The criminal penalties for a fourth DUI are much more severe than they are for prior recorded cases someone may obtain. And for those that happen within a 10-year period of the others, this can mean additional punishments as accumulated DUI offenses are priorable, meaning that they can be factored into the sentencing that is handed down on the current offense. Someone facing a fourth DUI on their record may be subject to the following criminal penalties in Los Angeles Country:

Any of these punishments may be increased if the DUI incident involves aggravating circumstances such as high speeds, an excessive BAC, an accident involving injury or death, and having children as passengers in the car while the fourth DUI has occurred.

In addition to these criminal punishments, the privilege a person has to drive will be revoked for four years. During this time the person may also be eligible for ‘Habitual Traffic Offender’ status which will be on their record for three years.

Is a Fourth DUI in California a Felony?

It depends, but most likely the prosecution will try to make a fourth DUI into a felony case. So, yes, a fourth DUI may be a felony in California. But it is not a forgone conclusion. The reason this becomes so important is because while a misdemeanor may involve time in the county jail, conviction of a felony DUI can lead to between 2-3 years in a state prison. It is also a much more serious conviction to have on one’s criminal record.

A well-versed Los Angeles DUI lawyer will mount a solid defense for you so that you can avoid a felony DUI conviction at all costs. Taking immediate steps to enter into an alcohol and drug treatment program may help avoid the harsher charge.

Top DUI Defenses for a 4th DUI in California

A fourth DUI offense poses a great challenge, but with the assistance of an experienced Los Angeles Criminal Defense Lawyer, an appropriate defense may help lessen the punishments or get the case thrown out altogether. Some of the defenses that may be appropriate to your case might be:

Call Today for a Risk Free Consultation for a 4th DUI Charge

A fourth DUI case needs to be handled immediately and handled well. With the possibility of a felony conviction on the table, it is vital that the proper counsel is brought on to the case to give the defendant the best chance at beating the charges. Los Angeles Criminal Defense Attorneys Daniel Perlman and Matthew Cohen have extensive experience in all types of DUI cases and can help you achieve the best outcome possible for your case.

To get the right advice for your fourth DUI, call us at 1 (310) 557-1700 and we can connect you with our team of DUI lawyers today.