The charge of Penal Code Section 12020 is a charge that can be reduced to a misdemeanor. Prosecutors and judges will typically look at the defendant’s history of violence, or lack thereof, and the facts of the case to determine whether to reduce a felony weapons charge to a misdemeanor.
Commercial burglary is a charge that can be either a misdemeanor, punishable by up to one year in jail, or a felony, punishable by up to three years in prison. Commercial burglary is entering a business with the intent to commit a crime, such as theft or fraud. You may be charged with this crime,…
If the blood results come back at under .01 you may be able to petition DMV for the return of your license. You may also be able to petition for a restricted license if you qualify. But your troubles are not over. “Pending” means that the prosecutor has not filed any charges yet with the…
The California DMV has two methods for suspending your license. One is through a DMV hearing. The DMV only suspends through this process for a driver who requests a hearing if the driver is 0.08 BAC or higher, not for legal or illegal drugs in the blood. The second method by which the DMV issues…
DUI’s are charged as a felony if someone other than the driver was injured. It is also the type of crime that can be reduced to a misdemeanor, even if initially charged as a felony. If your girlfriend doesn’t have prior DUI convictions and the person who she hit was not badly injured, his/her attorney…
A DUI conviction can be used a a “prior” DUI for 10 years from the date of the offense for determining minimum punishment in any future DUI case. This means that if you picked up a second DUI within 10 years of the first, it would be considered a second conviction. If it was more…
Different counties punish cases differently and some judges punish more harshly than others. Your best course of action is to have your attorney get an indicated sentence prior to entering the plea. Your attorney has more leverage prior to entering the plea, since judges have pressure to move their calendars. Most counties allow you to…
If you plead guilty to a minor in possession of alcohol, you will lose your driver’s license for one year. Some prosecutor’s offices are more lenient than others. If you can get a conditional plea you may be able to avoid the loss of your license. Usually, a conditional plea will involve you pleading guilty…
Without some actual drugs in your possession – constructive or actual – you cannot be convicted of a possession charge. However, you can at least be charged with conspiracy, which is simply an agreement with an act in furtherance of the object of the agreement. These cases depend on the facts and that is why…
The judge will want you to get help with your drug use issues, but working within the requirements of the drug laws and procedures is the key to your court case. Depending on your circumstances, you may qualify for drug diversion or “Prop 36” treatment, which will require court and probation participation. Your program may…
It is important that you contact us as soon as possible if you are facing criminal charges. Let the experienced criminal defense attorneys at Hammerschmidt Law Corporation protect your rights.
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Hammerschmidt Law Corporation's criminal defense attorneys are located in Fresno, CA and serve Central California clients, including those in Fresno, Kings, Madera, Tulare, Merced and Stanislaus counties. We are available to represent clients in all federal courts in the United States. Attorney Advertising: This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.