2nd Amendment and Weapons Offenses

Weapons offenses involve the balancing of a citizen’s right to bear arms versus society’s interest in deterring violence. As such, whether a weapon, such as a gun or a knife, was illegally possessed often depends on where and how it was possessed. Additionally, all weapons crimes require the prosecution to prove that a person knowingly possessed the item involved. Examples of illegal weapons vary from guns and knives to ordinary household items with an otherwise lawful use. Weapons offenses can be charged as either felonies or misdemeanors.

Potential Penalties for Weapons Offenses
• Misdemeanor Jail Time (Up to 1 Year)
• Felony Jail Time (Up to 3 Years)
• Fine
• Informal/formal Probation
• Permanent Criminal Record

Common Defenses for Weapons Offenses
• Failure to Give Miranda Warnings
• Illegal Search or Seizure
• Location in which the Weapon is Possessed
• Lack of Knowledge
• No Personal Control or Ownership of Weapon
• Manner in which Weapon is Possessed
• Lack of Intent to Possess as a Weapon
• Self-Defense
• Necessity

Weapons San Mateo County Former Prosecutor Criminal Attorney

Vandalism Defenses and Penalties

Vandalism is a very common charge. In order to be guilty of vandalism, the Prosecution must prove that a person willfully damaged property belonging to another with malice. Malice is defined as an act done with an intent to annoy or injure another. Vandalism can be charged as a felony when the value of the damage is $400 or more. Any damage of a lesser value can only be a misdemeanor.

Potential Penalties for Vandalism
• Misdemeanor Jail Time (Up to 1 Year)
• Felony Jail Time (Up to 3 Years)
• Fine
• Informal/formal Probation
• Permanent Criminal Record

Common Defenses for Vandalism
• Failure to Give Miranda Warnings
• Consent by Owner
• Lack of Malice
• No Damage Actually Occurred
• Necessity
• Ownership of the Property
• Self-Defense
• Accident

Vandalism Criminal Defense San Mateo County Former Prosecutor

Fraud-Embezzlement-Identity Theft

Many thefts these days involve the use of another person’s identifying information, such as social security number, date of birth or bank account security codes. Identity Theft is often complex and involves many different aspects of the law, including fraud and embezzlement. Almost all of these acts require an intent to fraudulently use another’s information for an illegal purpose. Identity theft can be filed as either a misdemeanor or a felony.

Potential Penalties for Identity Theft
• Misdemeanor Jail Time (Up to 1 Year)
• Felony Jail Time (Up to 3 Years)
• Fine
• Informal/formal Probation
• Permanent Criminal Record

Common Defenses for Identity Theft
• Failure to Give Miranda Warnings
• Lack of Intent
• Consent by Owner
• Jurisdiction
• Mistake of Fact
• Duress
• Necessity

Identity Theft Fraud Embezzlement San Mateo County

Auto Theft Penalties and Defenses

To be convicted of Auto Theft the Prosecution must prove that you took or drove a vehicle, belonging to another, without the owner’s consent and had the intent to permanently deprive the owner of possession or ownership for any period of time. Auto Theft can be charged as either a misdemeanor or felony.

Potential Penalties for Auto Theft
• Misdemeanor Jail Time (Up to 1 Year)
• Felony Jail Time (Up to 3 Years)
• Fine
• Informal/formal Probation
• Permanent Criminal Record

Common Defenses for Auto Theft
• Failure to Give Miranda Warnings
• Illegal Traffic Stop
• Lack of Intent
• Consent by Owner
• No Taking or Driving of Vehicle
• Alibi
• Mistake of Fact

Criminal Defense * Former Prosecutor * Auto Theft * San Mateo County

Potential Defenses to Burglary Crimes

A Burglary occurs when a person enters an enclosed structure with the intent to commit a felony or a theft. A Burglary of a commercial establishment or vehicle can be charged as a misdemeanor or a felony. A Burglary of a residence can only be charged as a felony.

Residential Burglary is also a ‘Strike’, under California’s Three Strikes law. As such, the consequences can be lifelong. For more information on the affect of a ‘Strike’ conviction see the information entitled “California’s Three Strikes Law” at http://www.rossgreenlaw.com/.

Potential Penalties for Burglary
• Misdemeanor Jail Time (Up to 1 Year)
• Felony Jail Time (16 Months – 6 Years)
• Fines
• ‘Strike’ Offense on Permanent Record
• Informal/formal Probation
• Permanent Criminal Record

Common Defenses for Burglary
• Failure to Read Miranda Warnings
• Illegal Search or Seizure
• Lack of Intent to commit Felony or Theft
• No Entering into the Building
• Alibi
• Mistake of Fact

Burglary Criminal Defense San Mateo County Former Prosecutor

There is Nothing Petty About Theft Penalties

Petty Theft is commonly known as shoplifting. To be guilty of this offense, the prosecution must prove a taking of property with the intent to permanently deprive the owner of the item. A petty theft can be charged as a felony if a person has a prior theft offense.

Potential Penalties for Shoplifting
• Misdemeanor Jail Time (Up to 6 Months)
• Felony Jail Time (Up to 3 Years in Prison)
• Fines
• Permanent Criminal Record
• Informal/ Formal Probation

Common Defenses for Shoplifting
• Failure to Give Miranda Warnings
• Illegal Search or Seizure
• Claim of Ownership of Property
• Lack of Intent to Permanently Deprive Owner of Property
• Accident
• Mistake of Fact
• No Taking of Property
• No Movement of Merchandise

Petty Theft Shoplifting San Mateo County Criminal Defense

DOMESTIC VIOLENCE CAN AFFECT THE WHOLE FAMILY

Domestic Violence affects the entire family. Those charged with such offenses can be removed from their home and ordered to have no contact with their loved ones. Jail time, fines and counseling are often ordered by the courts. Whether Domestic Violence is charged as a misdemeanor or felony depends on a person’s criminal record, if a weapon was involved and whether any injury occurred. The Law Offices of Ross Green has the experience necessary to help you navigate through this difficult time which affects every aspect of person’s family life.

Potential Penalties for Domestic Violence
• Misdemeanor Jail Time (Up to 1 Year)
• Felony Jail Time (Most Offenses Have 3 Year Maximums)
• Fines
• Domestic Violence Counseling (Up to 1 Year)
• Anger Management (Up to 3 Months)
• No Contact/Harass Order (Valid for Up to 3 Years)
• Informal/ Formal Probation (Up to 3 Years)
• Permanent Criminal Record• Lifetime Ban from Possessing Firearms

Common Defenses to Domestic Violence Offenses
• Failure to Read Miranda Warnings
• Self-Defense
• Alibi Defense
• Lack of Injury
• False Statements to Police by Accuser
• Voluntary Intoxication
• History of Abuse by Accuser
• Accident

Defense Attorney San Mateo Criminal Defense Domestic Violence

LICENSE SUSPENSION FROM DRUNK DRIVING ARREST OR CONVICTION

In order to be guilty of driving on a suspended license, the prosecution must prove that you drove a vehicle on a road or highway and knew that your license had been suspended.
The most common type of suspension is triggered by an arrest or conviction for driving under the influence (DUI Driver’s License Suspension). A DUI arrest automatically suspends your driver’s license. You have a right to have a lawyer represent you at any and all DMV hearings but you must set a hearing within 10 days of your arrest. Finding an attorney in timely manner can assist you in preventing lengthy and unnecessary suspensions.

Potential Penalties for Driving with a Suspended License

• Mandatory Jail Time for Certain Suspensions
• Fines ($300 - $2,000, Plus Assessments)
• Informal/Formal Probation
• Interlock Ignition Device
• Permanent Criminal Record
  

Common Defenses to Driving with a Suspended License

• Illegal Traffic Stop by the Police
• No Evidence of Driving
• No Knowledge of Suspension

Criminal Defense Suspended License San Mateo County

DUI Criminal Defense Redwood City Attorney San Mateo Lawyer

What to do after a DUI Arrest?

If you, or a loved one, have been arrested for driving under the influence (drunk driving), you are probably worried about DUI penalties, jail time, fines, driver’s license suspension, having a permanent criminal record, or your ability to assert any and all defenses. The Law Offices of Ross Green has the experience necessary to help you navigate through the difficult questions which result from a DUI arrest.

Potential Penalties for Driving Under the Influence
• Jail Time (48 Hours – 1 Year)
• Fines ($390 - $1,000, plus assessments)
• Driver’s License Suspension or Revocation (Six months- 3 Years)
• Increased Vehicle Insurance Premiums
• Informal/Formal Probation (3 -5 Years)
• DUI Driving School (12 Weeks – 30 Months)
• Suspension or Revocation of Professional Licenses
• Interlock Ignition Device
• Permanent Criminal Record

Common Defenses to DUI Arrests
• Illegal Traffic Stop
• Failure to Give Miranda Warnings
• Inadequate Explanation or Administration of Field Sobriety Tests
• Improper Preservation of Breath or Blood Sample
• Inadequately Calibrated or Maintained Breath Machine
• No Visible Impairment in Driving Ability
• Lack of Signs of Intoxication
• Failure to Give the Breath or Blood Test Admonition

Avoid DUI Penalties
• Jail Time- Actual jail time can often be avoided through alternative sentences such as community service, alcohol treatment, electronic monitoring or work furlough. If fighting your case at trial is not the best alternative, consult with your attorney regarding any available options.
• Fines/Fees- Fines for DUIs are expensive. Often times, financial penalties can be reduced with a proper plea bargain or a negotiation of the payoff period.
• Driver’s License Suspension- A DUI arrest automatically suspends your driver’s license. You have a right to have a lawyer represent you at any and all DMV hearings but you must set a hearing within 10 days of your arrest. Finding an attorney in a timely manner can assist you in preventing lengthy and unnecessary suspensions.


DUI DEFENSE REDWOOD CITY CRIMINAL ATTORNEY SAN MATEO LAWYER

Defenses Which Could Result in a Dismissal of Your Case

Defenses Which Could Result in Dismissal of Your Case
• Illegal Search or Seizure: All searches or seizures by the police must be pursuant to a valid warrant or a legal exception.
• Failure to Give Miranda Warnings: The police are required to read a suspect his or her Miranda Rights prior to any custodial interrogation.
• Self-Defense: A person is allowed to use reasonable force to prevent imminent danger to oneself, others or property.
• Alibi: The prosecution must prove that the accused was present and committed the crime with which he/she is charged.
• Mistake of Fact: A person who was acting under a mistake of fact is innocent.
• Entrapment: The government cannot cause a normally law-abiding person to commit a crime.
• Statute of Limitations: With some exceptions, the government must prosecute misdemeanors within one year of the offense and felonies within three years.
• Lack of Knowledge: Many offenses require knowledge that certain contraband exists, i.e. knowledge that an illegal item is present in one’s home, vehicle or on their person. Lack of knowledge is an absolute defense to such crimes.
• Lack of Intent: Certain crimes require a criminal intent, for example an intent to steal. The prosecution must prove criminal intent beyond a reasonable doubt to convict you.
• Proof Beyond a Reasonable Doubt: The Prosecution has the burden of proving each and every element of a criminal offense beyond a reasonable doubt.
• Speedy Trial: The government must prosecute or serve an arrest warrant without unreasonable delay.
• Confront Your Accuser: Your accuser must appear in court to face cross-examination of their claims. Failure to do so requires dismissal.
• Intoxication: Intoxication can be a defense to crimes which require certain mental states, such as intent or knowledge.
• Cruel and Unusual Punishment: It is illegal for any punishment to be cruel and unusual.
• Mental Impairment: A mental health condition may be a defense to many crimes.
• Unconsciousness: You cannot be guilty of a crime if you were unconscious during an act, such as when sleep walking or severely injured.
• Duress: An accused is not guilty of an offense if he/she acted under duress, threat or menace.
• Accident: An accidental act or misfortune cannot be prosecuted as a crime.
• Necessity: An accused is not guilty of a crime if he/she acted out of necessity.
• Jurisdiction: A criminal offense must have occurred in the jurisdiction in which the offense is charged.

Ross Green | San Mateo Redwood City Criminal Defense Attorney Website

San Mateo Criminal Defense Lawyer

The Law Offices of Ross Green cares about each and every one of its clients. Dedicated to asserting every possible defense, Ross has a record of success.

As a former Deputy District Attorney, Ross Green has an advantage over other attorneys who do not have a similar background. Ultimately, Ross’ experience could help you avoid jail time and expensive fines.

Should fighting your case at trial not be the best option, Ross will work towards an alternative sentence, such as community service, rehabilitation, counseling, electronic home monitoring or work furlough.

Visit Ross Green's San Mateo Redwood Criminal Defense Lawyer Website