Kidnapping is one of the most serious crimes in the California Penal Code, and is harshly and aggressively enforced and prosecuted.  Kidnapping also covers a wide range of conduct and can be charged in a variety of scenarios.  Simply put, kidnapping is: (1) moving another person (2) a substantial distance (3) without that person's consent (4) by use of force or fear.  This article will examine the meaning of these various elements (what the government must prove), as well the possible consequence, common defenses and related California Penal Code offenses.  Kidnapping is a very serious crime.  Anyone facing this or related charges needs to have experienced, passionate, knowledgeable representation.  Contact us now for a Free Consultation with a Los Angeles Criminal Defense Attorney.

MOVING ANOTHER PERSON ELEMENT
This is the most simple, straightforward of the elements.  Moving a person can involve actually physically using force to move a person, or orders made under a threat of force.  If a victim is still moving with their own legs, or being driven in a vehicle that they entered, the defendant is still guilty of "moving" the victim.

A SUBSTANTIAL DISTANCE ELEMENT
"Substantial distance" does not exactly create a bright-line rule for distance.  Instead, a "substantial distance" will be determined by the actual physical distance (can be as little as 30 feet) as well as the reason and effects of that movement.  For example, movement away from potential help will be considered much more significant than movement from one side of a room to another.  This substantial distance question can be both a legal question for the judge at the preliminary hearing or a factual question for the jury at trial.  In either case, it is very important to have a very skilled, dedicated defense.

WITHOUT THAT PERSON'S CONSENT ELEMENT
Consent is sometimes a murky issue, and not only in sex crimes cases.  This means that the government must show that the victim did not voluntarily go with the defendant.  Consent can be shown through witness testimony of the victim's protest and opposition to being moved, if any.  This is where defense witnesses or video footage can be very helpful to the defense.

FORCE OR FEAR ELEMENT
The use of force or fear is a common element in California criminal law, and can make an otherwise insignificant crime very serious violent crimes.  For example, stealing $40 is often a misdemeanor offense with no jail time.  Taking the same $40 from someone at an ATM by the use of force or fear, and the offense is considered first-degree robbery, punishable by up to 6 years in state prison.  The force or fear requirement requires the government to prove that the defendant either used actual physical force or the threat of imminent bodily harm.  This can mean dragging, beating, pushing or threatening a person. 

POSSIBLE PUNISHMENTS FOR KIDNAPPING
Simple kidnapping is punishable by three, five or eight years in prison.  Under certain circumstances, kidnapping is considered aggravated and is punishable by more time.  If the victim is under 14 years of age, kidnapping is punishable by up to 11 years.  Kidnapping for ransom, or in order to commit extortion, robbery or any of a wide range of sex crimes is punishable by 25 years to life in prison.  Additionally, kidnapping is frequently charged alongside other offenses (see list below).  Additionally, it is important to note that kidnapping is a "strike" under California's Three Strikes Law.  Having or using a firearm or other weapon during the commission of an act of kidnapping would further add a consecutive sentence.

COMMON DEFENSES TO KIDNAPPING
Common defenses in kidnapping cases include:  the victim consented to being moved, there was no use of force or fear, the movement was not a "substantial distance," false accusation, mistaken identity, lack of evidence, parental rights to move children, and arrest/citizen's arrest.  Each case is different, and it is important to identify and investigate the possible defenses in your case.

RELATED OFFENSES
Some related offenses to kidnapping include: PC 209 - Kidnapping for robbery, PC 210 - Kidnapping for Extortion, PC 210.5 - Taking a Hostage, PC 215 - Carjacking, PC 209.5 - Kidnapping During Carjacking, PC 236 - False Imprisonment, PC 278 - Child Abduction, PC 278.5 - Deprivation of Child Custody Order, PC 422 - Criminal Threats, and more.

Hopefully you have found this article to be informative and answer some of your questions about California's kidnapping laws.  Nevertheless, the information provided here is no substitute for a full case evaluation and free consultation about your case.  With serious charges such as these, it is vital to have the best representation you can get.  Our office offers an impressive record, close attention to clients' needs and a strong commitment to great results.  Contact the Law Offices of Nicholas Loncar now for a Free Consultation.  213-375-3775.

Extortion (also sometimes referred to as: blackmail, shakedown, exaction) is the crime of obtaining another person's property by use of threats or coercion.  The chief distinction between extortion and robbery (PC 211) is that robbery refers to the immediate use of force or fear to take the property of another.  Additionally, extortion is broader and can include threats that are not violent, such as threats to report a crime, disclose sensitive information, etc.  Therefore extortion can cover a broad range of conduct, from blackmail to racketeering. 

WHAT IS EXTORTION IN CALIFORNIA?
California Penal Code 518 is a felony in California and prohibits extortion.  Extortion is defined as: "...the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right."

The use of fear is wrongful and unlawful when a threat is made to do any of the following:
1. To do an unlawful injury to the person or property of the individual threatened or of a third person.
2. To accuse the individual threatened, or a relative of his or her, or a member of his or her family, of a crime.
3. To expose, or to impute to him, her, or them a deformity, disgrace, or crime.
4. To expose a secret affecting him, her, or them.
5. To report his, her, or their immigration status or suspected immigration status
(See PC 519)

Extortion by a threatening letter is covered by PC 523.  Extorting a person's signature (i.e. using threats or force to get someone to sign their name to a check or document) is covered by PC 522.

PENALTIES FOR AN EXTORTION CONVICTION
The penalties for extortion are severe.  Extortion is punishable by 2, 3 or 4 years of incarceration.  It is possible to get felony probation, instead, which can include up to one year in county jail.  Probation may be as long as five years.  Additionally, a conviction for extortion will have severe consequences for employment/professional licensing, immigration status, and more.  Extortion of an elderly or otherwise vulnerable victim and extortion for the benefit of a criminal street gang will have special penalties you should discuss with your attorney.

DEFENSES TO EXTORTION
Defenses to extortion include false accusations, mistaken identity (particularly in cases where the threats are made anonymously via letter or electronically), lack of evidence (only the accuser's statements), and more.  One thing that all criminal cases have in common is that each case is different and will require a full evaluation by an experienced criminal defense attorney in order to identify the most effective defenses and devise the best defense strategy.

ATTEMPTED EXTORTION
Extortion is one of the few offenses that offers a specified penalty for the attempt crime.  Pursuant to PC 524, attempted extortion is a "wobbler" (can be filed as a misdemeanor or felony) and is punishable by up to three years in jail.

MISDEMEANOR EXTORTION
Though the crime of extortion is generally a felony, there are a number of circumstances under which extortion will be deemed a misdemeanor.  Misdemeanor extortion applies to the use of a document that purports to be a court document in an attempt to take another person's property.

If you or a loved one has been arrested or charged with a crime, including: extortion, robbery, carjacking, bribery and more, you need a passionate, aggressive and experienced criminal defense attorney on your side.  The police and prosecution will be aggressive in their pursuit of a conviction, and you deserve a professional on your side.  Contact us now for a Free Consultation with a Los Angeles Criminal Defense Attorney.

Crimes relating to filing a false police report, making false statements to a police officer and other related offenses can have serious consequences under California Law.  Accidentally making a false statement to police or misstating facts due to a misunderstanding or other mistake is not against the law.  Nonetheless, police may not believe that a false statement was innocent, even if it was.  Calling the police to report a crime can end up being a big mistake.  If the police do not believe the person reporting a crime, whether a witness or a victim, they may initiate an interrogation aimed at charging a false report or false statement offense.  It is also important to note that filing a false report or making false statements to a police officer will be a crime regardless of whether the statements are voluntary or solicited (i.e. it does not matter whether a person calls the police to report a crime, or is questioned by police and spontaneously makes a false statement or false report of a misdemeanor or felony offense.  A person who is accused of or under investigation for false statements or false reports should not make any additional statements to law enforcement.  Exercise your Fifth Amendment right to remain silent and your Sixth Amendment right to counsel (collectively, your "Miranda rights").  Police officers are trained to elicit false confessions, confuse people and use scare tactics to make people incriminate themselves or others.  If you or a loved one is accused or under investigation, you need an attorney on your side right away to stop the police from their abusive, bullying tactics.  If you have already been arrested or charged with a crime relating to filing a false report, it is important to have an experienced, knowledgeable, passionate criminal defense lawyer on your side.  The government must be able to prove, beyond a reasonable doubt, not only that the statements given were false, but also that they were known to be false at the time they were made.  This can be a difficult thing for the government to prove and may leave open a strong defense.  Additionally, other defenses such as false accusations by the officer, .  Contact the Law Offices of Nicholas Loncar now for a Free Consultation with a criminal defense attorney.  213-375-3775.

PENAL CODE 148.5 - Filing a False Report
Knowingly making a false claim that a misdemeanor or felony offense took place is a crime in California.  It is treated very seriously by law enforcement, prosecutors and the courts.  In cases where an innocent person is falsely arrested, the punishments may be even more severe, and a civil lawsuit may follow.  PC 148.5 is a misdemeanor in California, punishable by up to six months in county jail and a fine of up to $1000.  Additionally, the court may impose a probation sentence of up to five years, which may carry little to no jail time.  The most difficult part about proving that a person committed the crime of filing a false report of a crime is proving a knowledge that the statement was false at the time it was made.  With a skilled defense, it may be possible to avoid a conviction or negotiate to a lesser charge or for a lighter punishment.

VEHICLE CODE 31 - False Statements to a Peace Officer
Much broader than filing a false report of a crime, knowingly making any false statements to a peace officer with the intent to defraud is also a misdemeanor.  Again, mistakenly or accidentally making a false statement is not a crime, but may be treated as such by the police.  Ultimately, the government must be able to prove that the defendant knew that the statements were false when made, and not simply that the statements were not factually correct.  VC 31 is punishable by as much as six months of jail, though most who are convicted of the offense would do much less jail time.  Still, this is a serious charge, and one that has defenses.

VEHICLE CODE 20 - False Statements in DMV Documents
Knowingly making a false statement in a DMV form is a misdemeanor, punishable by up to six months in county jail.  This can include false statements on DMV applications for a driver's license, vehicle registration and more.  As with the other crimes involving false statements, it is not sufficient that information provided on a form be factually inaccurate.  In order for a crime to take place, the declarant must be aware of the falsity of the statement when provided.

VEHILE CODE 10501 - False Report of a Stolen Vehicle
One of the most frequent falsely reported crimes is a report of a stolen vehicle.  When a vehicle is involved in a hit and run or other crime, it is not uncommon for the registered owner of the vehicle to report the car stolen in an attempt to escape criminal and civil liability.  Filing a false report of a stolen vehicle is generally a misdemeanor, however, if the defendant has a prior conviction for the same offense, the charge is a "wobbler" and can be filed as a felony, exposing the defendant to up to three years of incarceration.

These offenses, while generally misdemeanors can be treated more seriously under certain circumstances.  When knowingly false statements are made under oath, they may potentially give rise to a charge of perjury.  Even misdemeanor charges relating to false statements to police can have serious consequences.  As crimes involving moral turpitude (or crimen falsi) these crimes weigh on a defendant's credibility in a wide range of applications, including future dealings with the government, employment opportunities and the ability to testify in court.  Additionally, penalties can include jail, probation, fines, community service and more.  If you or a loved one has been arrested or charged with a crime in Los Angeles, contact the Law Offices of Nicholas Loncar for a Free Consultation with a Los Angeles Criminal Lawyer.  213-375-3775.

Azusa, CA is a city in LA County's San Gabriel Valley.  With the San Gabriel Mountains to the North, Azusa is also nearby Duarte, Irwindale, Covina, Baldwin Park, West Covina, Glendora, El Monte, and San Dimas.  A middle class, suburban community, Azusa has below average crime rates for Los Angeles.  Still, criminal cases are not uncommon.   DUI, drug crimes, theft crimes, and domestic violence are among the most common criminal offenses.  Azusa has approximately 50,000 residents, including students at Azusa Pacific University.

The Azusa Police Department is in charge of law enforcement for Azusa with a strong California Highway Patrol presence on and along the 210 Freeway.  Crimes are aggressively prosecuted at the West Covina Courthouse by the LA County District Attorney's Office.  Felony cases will proceed to the Pomona Courthouse after preliminary hearing.

If you or a loved one has been arrested, charged with a crime, or may be under investigation for a crime in Azusa, Duarte, Baldwin Park, Covina, West Covina, El Monte, Glendora, San Dimas or Pomona, you need a passionate, aggressive, knowledgeable Los Angeles Criminal Defense Attorney to fight for you.  Through effective investigation, pre-filing representation, motion-writing, representation at preliminary hearings, representation at trial and plea negotiation, our office works hard to represent you and fight for the best possible outcome in your case.

A criminal conviction can have very serious consequences.  Misdemeanors are usually punishable by up to 6 months or a year in county jail, probation, fines, restitution, classes, community service and more.  Felonies are more serious and can carry prison time, felony (formal) probation, fines, rehabilitation, community labor (CalTrans or tree farm), and more.  Additionally, a criminal conviction can affect employment, professional licensing, immigration status and more.  If you or a loved one has been charged with a crime or arrested, contact the Law Offices of Nicholas Loncar now for a Free Consultation.  213-375-3775.

Cerritos, California is a suburban city in Southern Los Angeles County.  One of the "Gateway Cities," Cerritos is right on LA County's border with neighboring Orange County.  Some nearby cities include on the LA County side include Lakewood, Bellflower, Norwalk, Artesia.  Also nearby are the 605, 5 and 91 Freeways.  On the Orange County side, Buena Park, Cypress, Hawaiian Gardens and La Palma are nearby.  Cerritos has a population of just under 50,000 people, and is home to Cerritos College, Cerritos Auto Square, and two malls (Los Cerritos Center, and the Cerritos Towne Center), all drawing residents from nearby communities.

Cerritos has low crime rates for LA County, but nonetheless sees its fair share of criminal cases.  DUI, drug crimes, theft crimes (particularly retail theft), and domestic violence are among the most common.  Cerritos does not have its own police department, instead contracting with the LA County Sheriff's Department, who operate the Cerritos Sheriff's Station.  Criminal cases begin at the Bellflower Courthouse, and some matters then proceed to the Norwalk Courthouse.  Our office can help Cerritos residents with these and other crimes, or expungements and other methods of cleaning up criminal records.  Working hard to get the best possible outcome for clients, Los Angeles Criminal Defense Attorney Nicholas Loncar understands that a criminal conviction can have serious consequences for your employment, professional licensing, driver's license and immigration consequences, in addition to traditional consequences like jail, probation, fines, and prison.

If you have been arrested, charged with a crime or are under investigation for a crime in Cerritos, Lakewood, Bellflower, Long Beach, Signal Hill, Whittier, Downey, Norwalk, or elsewhere in Los Angeles County, contact the Law Offices of Nicholas Loncar for a FREE consultation with a Los Angeles Criminal Defense Lawyer.  Our office has achieved great results for clients in a broad range of criminal cases.  If you or a loved one needs an attorney, consider hiring one who has a strong passion to change the criminal justice system, and a track record you can count on.

SOME EXAMPLES OF CERRITOS CRIMINAL CASES:
1.  Rachel is stopped for speeding on the 91 on her way home from dinner in Long Beach.  She drank two glasses of wine at dinner, but does not feel impaired.  The CHP officer smells alcohol on her breath and asks her to step out of the vehicle, perform field sobriety tests, answer some questions and blow into a handheld breathalyzer (PAS).  Her PAS result is .08, and she is placed under arrest for DUI.  At the station, her BAC has risen to .09.  Rachel hires a Los Angeles DUI Attorney, who fights the case all the way to trial, asserting the Rising BAC defense.  Although Rachel tested above the legal limit, the tests were performed after she was done driving and show a rising pattern.  This is consistent with Rachel's recent consumption of alcohol and there is a strong likelihood that her BAC was below the legal limit at the time of driving.  Had the officer tested her BAC right away, it likely would have been below the legal limit.

2. Evan , a 19 year old Cerritos resident and Cerritos College student is caught driving with four ounces of marijuana, sectioned off into four one ounce bags.  He is arrested and charged with possession of marijuana for sale (HS 11359).  Evan is a medical marijuana patient, but can still be arrested and charged with marijuana sales.  The four ounces of marijuana could be considered a lot for personal use, but there are defenses.  It is cheaper to purchase in bulk, and it may be easier to buy marijuana less frequently.  So long as Evan does not admit to selling drugs, his Los Angeles Criminal Defense Attorney should be able to help him and assert the medical marijuana defenses.

3. Jill has three unpaid traffic tickets.  One of the tickets is at the Long Beach Courthouse and the other two are in Bellflower.  What she does not realize, is that the failures to pay those fines and/or appear in court actually lresulted in a suspension of her driver's license.  Jill is stopped for speeding one day, and is also cited for having a suspended license, a misdemeanor.  Overwhelmed, she turns to a lawyer to help with her situation.  The attorney takes care of the traffic tickets, getting the holds lifted, and helps Jill restore her license before she has to appear in court on the suspended license charge.  Because she was able to restore her driving privilege, her attorney is able to negotiate a dismissal of the suspended license charge.

4.  Eric is stopped by security at a store.  The loss prevention officer opens Eric's bag and finds a pair of new shoes with the tags removed.  The officer also tells Eric that he observed him take the shoes from a box and put them in his bag on the store's CCTV system.  The store employee calls the police who cite Eric for misdemeanor petty theft.  Eric has no prior convictions.  His attorney is able to help him get a diversion program, where he has to complete 20 hours of community service and stay out of trouble for six months.  If he can manage to do those things, his case will be dismissed.

Contact the Law Offices of Nicholas Loncar now for a Free Consultation with a Los Angeles Criminal Defense Attorney.  Being arrested or charged with a crime is scary, stressful and can have serious consequences on your life.  The criminal justice system is a powerful machine, but Nicholas Loncar has been blessed with the courage to fight this system for his clients, and the intelligence to do so effectively.  Call now.  213-375-3775.

Pico Rivera is a city in LA County, approximately 11 miles Southeast of Downtown LA.  The city is located just south of the San Gabriel Valley, nearby Montebello, Monterrey Park, San Gabriel, El Monte, Whittier, Santa Fe Springs, Norwalk, Downey and Bell Gardens.  Pico Rivera is bordered by the 605 freeway on the West, the 5 freeway to the south and the 60 freeway to the north.  The East side borders the city of Montebello.  Pico Rivera is one of the "Gateway Cities" in South/Southeast LA County.  There is a population of over 60,000 people, roughly 90% latino.  Pico Rivera is a middle class city with slightly below average crimes for Los Angeles County.  Pico Rivera does not have its own police department, instead contracting with the LA County Sheriff's Department, who operate the Pico Rivera Sheriff's Station on Passons Blvd.  Criminal cases are heard at the Downey Courthouse and Norwalk Courthouse, depending on the offense level and stage of the case.  Criminal cases, both misdemeanor and felony, are aggressively prosecuted by the Los Angeles County District Attorney's Office, with branches in both Downey and Norwalk.

DUI, DOMESTIC VIOLENCE, UNLICENSED DRIVER/SUSPENDED LICENSE, and DRUG CRIMES are among the most common criminal cases in Pico Rivera.  Our office can help Pico Rivera residents with charges relating to other crimes, or expungements and other methods of cleaning up criminal records.  Working hard to get the best possible outcome for clients, Los Angeles Criminal Defense Attorney Nicholas Loncar understands that criminal convictions can have serious consequences for employment, professional licensing and immigration consequences, in addition to traditional consequences like jail, probation, fines, prison and loss of license.

If you have been arrested, charged with a crime or are under investigation for a crime in Pico Rivera, Whittier, Downey, Montebello, Norwalk, or anywhere else in Los Angeles, contact the Law Offices of Nicholas Loncar for a FREE consultation.  Our office has achieved great results for clients charged with a broad range of offenses, from DUI to homicide.  If you or a loved one needs a lawyer, consider hiring someone with a strong passion to change the criminal justice system, and a track record you can count on.

EXAMPLE OF A PICO RIVERA CRIMINAL CASE:
Jonathan, a resident of Montebello, was convicted of DUI two years ago.  Because LA County is testing a pilot program for the DMV, he was ordered to install an ignition interlock device (IID) on his vehicle, and his license was suspended for 4 months.  Jonathan did not install the IID as ordered, and has failed to show up to court show proof of enrollment.  Jonathan has been driving, believing that his 4 month suspension is up.  Unfortunately, he is mistaken.  His license was suspended by the court, and then suspended again when he failed to appear in court.  Additionally, it is a term of his probation that he only drive with the IID and a valid license.  Without his driving privilege reinstated, Jonathan is in violation of the law every time he drives a car, even if he has not been drinking or using any drugs.

One day, Jonathan is driving home from work, when he is pulled over in Pico Rivera.  The officer runs his information, and finds that Jonathan's license is suspended.  The officer asks Jonathan to step out of the car and has him perform a Preliminary Alcohol Screening (PAS) device test.  The PAS is a primitive, handheld breathalyzer used by law enforcement officers at the scene.  While most drivers may refuse to submit to the PAS test, Jonathan is required to perform the test as a condition of his DUI probation.  Jonathan blows and records a PAS reading of .00, because he had not been drinking.

Nevertheless, the officer takes Jonatha to jail and impounds his vehicle for a 30 day hold.  Jonathan is released from custody and hires a Los Angeles Criminal Defense Attorney.  His attorney walks him through the process to get his license reinstated and his car back, quickly, before the 30 day impound is up.  Later, Jonathan is charged in the Downey Courthouse with a violation of Vehicle Code Section 14601.2 (driving while license suspended for DUI) and faces a probation violation.  Because Jonathan is able to get a driver's license and become compliant with the law, his attorney is able to negotiate for a dismissal of the VC 14601.2 count and a reinstatement of his probation on the old DUI.  After paying a reduced fine and pleading to an infraction (as opposed to misdemeanor) charge, Jonathan will not do any jail time, and may still expunge his prior DUI conviction upon completion of probation.

Speak to a Los Angeles Criminal Defense Lawyer now.  If you have been arrested in Pico Rivera, Whittier, Downey, Norwalk, Montebello or anywhere else in Los Angeles County, contact the Law Offices of Nicholas Loncar now for a Free Consultation. 213-375-3775.

Rowland Heights is an unincorporated community in eastern LA County, in the Puente Hills portion of Los Angeles' San Gabriel Valley.  Nearby Diamond Bar, Walnut, La Habra, Hacienda Heights, City of Industry, West Covina, and Pomona, Rowland Heights is nearby LA County's borders with nearby San Bernardino County and Riverside County to the East, Orange County to the South.  With a population of just under 50,000 people, Rowland Heights has above average income for LA County, with slightly lower crime rates compared with the rest of Los Angeles. 

Known for having some of the better schools in the region as part of the Rowland Heights Unified School District, Rowland Heights otherwise does not have it's own city government or police force.  Law enforcement services are provided to Rowland Heights by the Los Angeles County Sheriff's Department, who operate the Walnut / Diamond Bar Sheriff's Station.  The California Highway Patrol is in charge of traffic enforcement and investigation in the region, with the 57 and 60 Freeways bordering the area.

Despite not suffering from much of the gang crimes and violence affecting other portions of LA and Southern California, both residents and visitors in Rowland Heights do find themselves under arrest and facing criminal charges.  Criminal cases are prosecuted at the West Covina Courthouse and Pomona Courthouse.  Drug Crimes, DUI , DUI with a Prior, Unlicensed Driver/Driving on a Suspended License, Domestic Violence, Theft Crimes and Marijuana Cases make up the majority of criminal prosecutions in the area.  The Los Angeles County District Attorney aggressively prosecutes both misdemeanor and felony offenses.

Being arrested and facing criminal charges is scary, stressful and can greatly impact your future.  In addition to risking your liberty, a criminal conviction can result in negative employment consequences, loss of professional licenses, and immigration consequences.  Having an experienced, knowledgeable criminal defense attorney on your side, fighting for you is absolutely essential.

Some Examples of Rowland Heights Criminal Charges:
1.  Ron is pulled over for speeding.  Upon approaching the window, the officer smells what he believes to be marijuana and asks Ron to step out of the vehicle.  Ron is asked to perform a series of field sobriety tests and is arrested for DUI.  Ron's Los Angeles DUI Lawyer defends him in court, asserting that the officer is not a trained Drug Recognition Expert and cannot draw an adequate conclusion as to Ron's intoxication.  The DA's office agrees to dismiss the DUI charges and Ron pleads guilty to an exhibition of speed only.

2.  Eric, a Rowland Heights resident, missed a court date a few months ago after receiving a ticket for running a stop sign.  He forgot to go to court and now his license is suspended.  Eric is pulled over by a CHP officer while on the 60 Freeway on his way to LA.  Though Eric was unaware of the suspension, he is arrested, charged with a misdemeanor and his car is impounded for 30 days.  Eric's lawyer goes in to immediately clear the warrant and help Eric get his license back within a matter of days.  He is able to get the car out of impound early with the valid license and is also able to get his misdemeanor reduced to an infraction with a small fine, but no probation and no jail.

3.  Jerry was convicted of possession of a controlled substance (HS 11350) for possessing heroin and commercial burglary for stealing several DVD players from Target in 2014.  At the time, the charges were both felony charges and Jerry was sentenced to three years of felony probation with a 2 year suspended sentence.  At sentencing, Jerry was informed that if he violates his probation, he will go to Prison for 2 years.  In 2015, Jerry is arrested for DUI causing injury and must go to court not only on the new charges, but is also facing a probation violation.  First, Jerry's lawyer gets the felony convictions lowered to misdemeanors because they fall under Prop 47.  Next, Jerry's attorney is able to persuade the DA to reduce the felony DUI charge and let Jerry plead to a misdemeanor.

If you have been arrested or charged with a crime in Rowland Heights, Hacienda Heights, Whittier, Diamond Bar, Pomona, West Covina, Chino or San Dimas, and now must appear in court to defend yourself, contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Lawyer.  We can discuss the details of your case, evaluate your defenses and get started protecting your rights and interests.

Fraud is a broad term, applicable to a wide range of California crimes and civil offenses.  The Law Offices of Nicholas Loncar provide full criminal defense services in fraud and other crimes.  While an intent to defraud or deceive is central to these laws, they can apply to a variety of theft crimes, drug crimes (prescription fraud, sale of sham narcotics) and even sex crimes.  More about California's forgery laws

CALIFORNIA CHECK FRAUD ATTORNEY
Check fraud is among the most common fraud offenses in California.  Penal Code 476 makes it a crime to produce a fake check, alter the dollar amount, forge the payor's name, etc. with the intent to defraud.  Similarly, PC 476a makes it a crime to write a check knowing that the dollar amount represented on the check will not be available.  Check fraud involving an amount less than $950 is a misdemeanor.  If the value in question is above $950, check fraud may be charged as a felony, punishable by up to three years behind bars.  Fines and restitution to any victims are also a likely consequence.  Defenses include lack of intent to defraud (e.g. a check for $1,000,000,000 as a joke), honest mistakes, mistaken identity (i.e. someone else committed the fraud) and false accusations.  Check fraud, as a crime involving moral turpitude (crimen falsi) should be taken very seriously and require the assistance of a diligent, experienced, knowledgeable criminal defense attorney.

LOS ANGELES CREDIT CARD FRAUD LAWYER
Credit card fraud generally involves the use of another person's credit card or credit card information to make purchases or pay bills.  Defendants in credit card fraud cases can include vendors and employees who have access to credit card information, credit card company employees, hackers, pickpockets.  Credit card fraud is punishable as forgery, petty theft or grand theft, typically depending on the conduct, the amount of money taken and, less frequently, the defendant's criminal history.  PC 484f makes it a crime to, with intent to defraud:  alter an existing credit card, make a counterfeit credit card, or forge the signature of someone else or of a fictional person on a credit card payment form.  Credit card fraud cases often involve multiple counts for use of various credit cards or multiple purchases/uses.

CALIFORNIA THEFT BY FRAUD OR BY TRICK LAWS
Using fraud or deceit to transfer possession or ownership of another person's money or other property, with the intent to permanently deprive the owner is theft.  As with all other types of theft, the severity of the crime will mostly be defined by the dollar amount stolen.  Since the passage of Prop 47, all thefts of under $950 (except robbery or residential burglary) are treated as misdemeanors, punishable by up to one year in jail.

CALIFORNIA INSURANCE FRAUD LAWS
California's insurance fraud laws seek to punish and deter fraudulent claims by policyholders and others who might be complicit (including attorneys, doctors, mechanics, contractors and more.  Insurance fraud can be made by fabricating or exaggerating a physical injury, workplace injury (Worker's Compensation Fraud), damage to a vehicle, damage to ones home and other forms of insured loss.  Insurance fraud is treated very seriously under California law, punishable both under the Penal Code and the Insurance Code.  In order to convict for insurance fraud, the government generally must show that: (1) the defendant had an intent to defraud and, (2) the defendant took deliberate steps to claim undeserved benefits. This would include both completely fabricated losses as well as embellished losses.  Under California law, insurance fraud may be charged as a misdemeanor or felony.  As a misdemeanor, it is punishable by up to a year in county jail and a fine of up to $10,000.  As a felony, insurance fraud is punishable by up to five years in prison and a fine of up to $50,000.  Worker's Compensation fraud is punishable by up to $150,000 and five years as a felony.  In addition to incarceration and fines, the defendant in an insurance fraud prosecution will likely be ordered to pay restitution for the entire amount of any unearned benefits and other costs.  The most common defense in insurance fraud cases is a lack of intent to defraud (i.e. the embellishment or false statement was a mistake), or requires demonstrating that the loss suffered was real and not deliberately caused.  Insurance fraud and California's Arson laws sometimes intersect where a defendant burns property to recover from an insurance policy.  Insurance fraud is a serious crime, requiring a skilled, intelligent defense.  If you or a loved one has been charged or is under investigation for insurance fraud, consult with a Los Angeles Criminal Defense Lawyer now.

LOS ANGELES WELFARE FRAUD LAWS
Welfare fraud can be broken down into welfare recipient fraud and internal fraud.  Recipient fraud involves providing the government with false (or incomplete) information, in order to obtain:  welfare, food stamps, Medi-Cal or housing benefits.  Internal fraud is when government employees provide welfare benefits to people they know, or who bribe the employees, when those recipients are not legally entitled.  Though recipient fraud is much more common, there are occasionally cases where law enforcement discovers both recipient fraud and internal fraud simultaneously.  Defenses include:  agreements to repay, false accusations, mistaken identity, lack of intent to defraud and more. 

LA SEXUAL BATTERY BY FRAUD LAWYER
Sexual battery by fraud is a crime frequently charged against massage therapists, medical professionals and other service providers whose jobs involve touching another person.  In general, the use of fraud or deceit to obtain consent to touch another person is a crime.  There is rarely a motive to engage in unwanted touching that is not at least in part sexual.  Sexual battery can be blatant, or as is often the case in sexual battery by fraud prosecutions, rather subtle and difficult to prove.  Without a confession or other very strong evidence, this can be a difficult case to prove, but it is important to have a knowledgeable, passionate attorney on your side.  In medical or dental cases of sexual battery by fraud, taking advantage of an unconscious state required for surgery or oral procedures for sexual gratification is a very serious crime, and is harshly prosecuted in Los Angeles.

PRESCRIPTION FRAUD LAWYER IN LOS ANGELES
Forging a doctor's prescription to obtain drugs is a criminal offense and can be charged under various sections of both the Health & Safety Code and Business & Professions Code.  This law is discussed in greater detail on our page about California's forgery laws.

Crimes involving fraud are serious and often involve complex issues of admissibility of evidence and other proof problems.  What might appear to be an easy case of fraud can be dismantled by a meticulous, intelligent attorney.  If you or a loved one is facing prosecution or is under investigation for fraud (including welfare fraud, forging a prescription, insurance fraud, check fraud, credit card fraud and more), contact the Law Offices of Nicholas Loncar now for a Free Consultation with a Los Angeles Criminal Defense Attorney.  We can honestly and safely discuss the details of your case and devise the best defense strategy to protect your rights and your liberty.

FORGERY DEFINED
Forgery is a broadly defined criminal offense, that often reaches far beyond what most people consider to be forgery.  Forgery does not necessarily involve imitating another person's signature.  Penal Code Section 470 defines California's forgery laws.  Essentially, someone is guilty of forgery in California if they knowingly do ANY of the following, with the intent to commit fraud:  sign another person's name, fake another person's handwriting, fake a seal, change or falsify any legal document, falsifying checks or other bank notes.  It is important to keep in mind that the government must prove the intent to defraud someone.  More theft offenses

EXAMPLES OF FORGERY
Some examples of forgery include: a forged doctor's prescription, a forged check, a bad check (knowing there is not enough money in the account), writing or modifying a will without authorization, possession of a fake ID and forging lottery tickets.

DEFENSES TO FORGERY (other common defenses to crimes)
Lack of Intent to defraud:  Typically, the most difficult element to prove in a forgery case is intent.  Perhaps the most important aspect of protecting this defense is not to make any statements to law enforcement.  You should always ask to speak to an attorney when questioned by law enforcement, and having your attorney represent to the officer that they cannot question you without the attorney present.  Misunderstandings can easily lead to suspicion of forgery and may nonetheless lead to criminal charges.  Asserting this defense takes a strong grasp of the law, intelligence and criminal law experience.

POSSIBLE PENALTIES IN A FORGERY CASE
Forgery:  Generally speaking, forgery is a "wobbler" in California, meaning that the prosecution can elect to file a case as a felony OR as a misdemeanor.  As a misdemeanor, forgery is punishable by up to a year in county jail, 5 years of probation and a $1000 fine.  As a felony, it is punishable by up to 3 years of incarceration and a possible $10,000 fine.

Forgery of a check under $950:  Pursuant to Prop 47, most theft-related offenses valued below $950 are now misdemeanors.  While this would not include a robbery, for example, forgery of a check valued below $950 is a misdemeanor.  Accordingly, it is punishable by up to 1 year in county jail, up to 5 years of probation and a $1000 fine.  note:  certain violent felony prior convictions will disqualify a defendant for Prop 47 relief.

False accusations & mistaken identity:  Due to the complexity of many forgery crimes, it is not uncommon for law enforcement to be mistaken as to the actual perpetrator or for the actual perpetrator to deflect blame onto an innocent person.   Rebutting a false accusation or mistake of identity can be done by alibi, use of a handwriting expert, or thorough investigation revealing the truth.

Lack of fraud:  This is where the legal definition of forgery is actually narrower than the common-use definition.  "Forging" a letter as a joke or a fake character/reference letter are probably not forgery under California law.

RELATED OFFENSES
Some related offenses include:  PC 484f makes it a crime to, with intent to defraud:  alter an existing credit card, make a counterfeit credit card, or forge the signature of someone else or of a fictional person on a credit card payment form.  PC 476 makes it illegal to knowingly make, pass, or possess a fake or altered check, with intent to defraud, by representing the check as genuine.  Forging government documents, including fake IDs, fake birth certificates is also very serious and can be charged as perjury, a straight felony under California law (PC 118).  Forging or altering a doctor's prescription is also a "wobbler" punishable by up to three years as a felony (Business and Professions Code 4324).

Los Angeles law enforcement agencies and prosecuting attorneys taking forgery, fraud, and identity theft crimes very seriously.  For years, criminals were light years ahead of most local law enforcement agencies, and were very difficult to catch.  Eventually, the FBI and other federal departments began to improve fraud detection.  Improvements in technology mean that this battle is an ever-changing game of chess.  Just as law enforcement officers start to catch on to particular patterns of forgery or theft crimes, innovators discover knew ways to go undetected.  This sophistication requires an intelligent attorney, well-versed in the law.  Whether your case goes to trial, settles, is dismissed via motion or at preliminary hearing, you need a knowledgeable Los Angeles Criminal Defense Attorney on your side to fight for the best possible outcome.  If you or a loved one has been arrested or charged with forgery or other California theft offenses, call the Law Offices of Nicholas Loncar now for a free consultation.

Crimes involving harm or risk of harm to children are taken very seriously under California Law.  Domestic violence laws have been largely redefined, and prosecution and enforcement has grown significantly.  Young children in the care of adults are seen as particularly vulnerable and the law aims to protect children through various processes, including criminal law.  note:  child abuse and child endangerment cases in criminal court may have parallel proceedings in family court (dependency).

LOS ANGELES CHILD ENDANGERMENT LAWYER (PC 273a)
California's child endangerment laws cover a broad range of conduct.  While child endangerment may not rise to the level of child abuse, it is a very serious charge, punishable by up to six years as a felony.  Child endangerment, where there is a substantial risk of injury to the child, is a "wobbler" meaning that it may be filed as a misdemeanor or felony, at the discretion of the prosecutor.  If there is no risk of great bodily injury, then the child endangerment will be a misdemeanor.  The prosecuting agency will decide whether to file a misdemeanor or felony based on (1) the severity of the offense, (2) the criminal history of the defendant and (3) the strength of the evidence.  Felony child endangerment is a "strike" under California's Three Strikes law.  Unlike child abuse, child endangerment does not require any injury to the child.  Negligent supervision that is likely to lead to harm to the child is enough.  A child endangerment charge may be filed when a defendant causes or permits a child to suffer unjustifiable physical pain or mental suffering, willfully causes or permits a child in their care to be injured, or willfully causes or permits a child to be placed in a dangerous situation.  Defenses include: false accusations, there was no endangerment, someone else was responsible for the endangerment, right to discipline a child, and lack of evidence.  (more common defenses to crimes)

Some examples of child endangerment charges include:
1.  DUI with a child in the car
2.  Leaving dangerous weapons in the reach of children
3.  Not taking a very sick child to the doctor
4.  Leaving a child with a babysitter, who the parent knows is unfit to care for the child
5.  Leaving a child within reach of dangerous drugs

Child endangerment laws are very serious, both in terms of the possible penalties a court could impose (jail time, probation, fines, prison, etc.), but there is also a possibility that your child could be removed from your care.  These are very serious charges.  Talk to an experienced Los Angeles Domestic Violence lawyer about your case today.

LOS ANGELES CHILD ABUSE ATTORNEY (273d)
Child abuse, as opposed to endangerment, punishes injuring a child or imposing cruel physical punishment on a child.  Child endangerment can cover a broader range of conduct, but PC 273d, child abuse, covers only physical harm to a child.  Child abuse is a "wobbler" in California, meaning that it may be punished as a misdemeanor or a felony.  The prosecuting agency can file the charge either way, depending primarily on (1) the severity of the alleged abuse, (2) the defendant's criminal history (especially relating to violence, domestic violence and harm to children,, and (3) the strength of evidence.  Defenses include:  false accusations, parent's right to discipline a child, there was no injury, the punishment was not cruel and more.

Some examples of child abuse charges include:
1.  Hitting a child with a belt
2.  Getting into a fight with a teenager
3.  Punching or kicking a child

Child abuse laws are treated very seriously and can lead to serious penalties including jail, prison, fines, probation, and loss of parental rights/custody.  If you or a loved one is facing child abuse charges, discuss your rights and options with an experienced Los Angeles Domestic Violence attorney.

CHILD ENDANGERMENT WITH DEATH OF A CHILD
Harm is a major factor in determining the law.  With some exceptions, crimes with the biggest effects on victims are punished more harshly, and there is not greater effect on a victim than death.  In cases where child endangerment or child abuse leads to a child's death, it is always a felony and the defendant can be charged with a violation of PC 273ab, or PC 187 murder, pursuant to California's felony murder rule.  These offenses are punishable by 25 years to life.

Domestic violence charges are serious and the consequences are scary.  Protect your rights and your family by getting the best defense you can.  Call the Law Offices of Nicholas Loncar for a Free Consultation to discuss your case with a Los Angeles Criminal Defense Attorney.