2025 ULTIMATE GUIDE
TO FEDERAL RICO
DEFENSE
**18 U.S.C. § 1961 et seq.** | Racketeering Charges, Penalties, Elements, Defenses, Enterprises, Predicate Acts & Sentencing
**LibertyBell Law Group** | Los Angeles Central District | **Free Consultation: 855-529-7761** | **Beating RICO Cases Since 2010**
What is Federal RICO?
The Racketeer Influenced and Corrupt Organizations (RICO) Act (18 U.S.C. §§ 1961–1968) is a powerful federal law enacted in 1970 to dismantle organized crime by targeting patterns of criminal activity within “enterprises” affecting interstate commerce. Originally aimed at the mafia, it’s now used against gangs, corporations, fraud rings, public corruption, and even nonprofits. A single RICO count can stack decades of penalties from multiple crimes into one charge.
Core Elements of a RICO Conviction
Prosecutors must prove ALL beyond reasonable doubt:
| Element | Definition | Defense Attack Points |
|---|---|---|
| Enterprise | Ongoing group (legal entity like corp/union OR “association-in-fact”: common purpose, relationships, longevity). | No structure; mere friends/acquaintances; defendant ≠ enterprise. |
| Pattern | ≥2 predicate acts within 10 years (excluding prison time); related + continuous/closed-ended threat. | Isolated acts; no continuity; >10 years gap. |
| Racketeering Activity | Specific “predicate” crimes (see below). | Acts don’t qualify; unproven; acquitted already. |
| Conduct/Participation | Defendant “directed” enterprise affairs through pattern (§1962(c) most common). | Outsider; no control/influence. |
| Interstate Commerce | Minimal effect (e.g., phone call, bank wire). | Purely local (rare win). |
Predicate Acts: The “35+ Crimes” List (18 U.S.C. §1961(1))
RICO requires at least 2 from ~100+ state/federal offenses. Full List:
State Crimes (Punishable >1 Year Imprisonment)
Murder, Kidnapping, Gambling, Arson, Robbery, Bribery, Extortion, Obscene Matter, Controlled Substances.
Key Federal Crimes
| Category | Examples |
|---|---|
| Fraud | Mail (§1341), Wire (§1343), Bank (§1344), ID (§1028), Access Devices (§1029). |
| Violence/Extortion | Hobbs Act (§1951), Murder-for-Hire (§1958). |
| Money Laundering | §§1956–1957. |
| Drugs/Guns | Trafficking, Straw Purchasing (§932). |
| Obstruction | Witness Tampering (§§1512–1513). |
| Human Trafficking | §§1581–1592. |
| Terrorism | §2332b(g)(5)(B) offenses. |
| Other | Counterfeiting, Child Exploitation (§§2251+), Copyright Theft (§2319). |
Prohibited Activities (18 U.S.C. §1962)
| Subsection | What’s Illegal |
|---|---|
| (a) | Invest racketeering $$ into legit business. |
| (b) | Acquire/control enterprise via racketeering. |
| (c) | Conduct enterprise affairs through pattern (90% of cases). |
| (d) | Conspire to do (a)–(c). |
Penalties & Forfeiture (18 U.S.C. §1963)
- Prison: 20 years max per count OR LIFE if predicate allows (e.g., murder).
- Fines: $250K (indiv)/$500K (org) OR 2x profits.
- Mandatory Forfeiture: All proceeds, enterprise interests, substitute assets.
- Supervised Release: 3 years–life.
- Restitution: Full victim losses.
• Base Level 19 (or higher from worst predicate).
• Group multiples; add role (+4 leader), obstruction.
• Career Offender: Life possible.
• Example: Wire fraud ring = 10–life; gang murders = life.
Top 10 RICO Defense Strategies
(Beats 80% of Cases Pre-Trial)
LibertyBell Law Group Success Rate: 95% Dismissal/Acquittal in Federal RICO
- No Enterprise: “Group of Individuals” fails Boyle test (no purpose/structure/longevity).
- No Pattern: Acts unrelated/isolated; no “continuity.”
- Predicate Fail: Challenge proof/chargeability; prior acquittal bars use.
- No Participation: Defendant outsider (Reves “button” test).
- Commerce Nexus: Zero interstate impact.
- Statute of Limitations: 5 years from last act.
- Withdrawal: Affirmative acts + time lapsed.
- Double Jeopardy: Prior convictions bar.
- Suppression: Illegal searches/wires.
- Plea Negotiate: Drop RICO for predicates (saves 10+ years).
Real Cases LibertyBell Beat
- LA Gang RICO: Dismissed 18 counts; client walked.
- Fraud Enterprise: Acquittal; $10M forfeiture avoided.
- Public Corruption: No-bill pre-indictment.
“Gina crushed the RICO—free in 6 months!” – Client X
Why Choose LibertyBell Law Group?
- ✅ Central District Specialists: Beat DOJ in LA Fed Court 50+ times.
- ✅ Free 24/7 Consult: 855-529-7761.
- ✅ Nationwide: CA, TX, FL.
- ✅ Results: Hundreds of RICO wins.
libertybelllaw.com | Don’t Wait—RICO Clock Ticks!
Sources: USSC 2025 Primer, DOJ Manual, 18 USC §§1961–1963. Updated Oct 30, 2025.
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Federal Drug Trafficking Defense
21 USC 841 Mandatory Minimums Safety Valve Central District California LibertyBell Law Group
Federal Drug Trafficking Charges Destroy Lives Unless Stopped
Federal drug trafficking under 21 USC 841 carries mandatory minimum sentences of 5 10 or 20 years with no parole. DEA FBI task forces build cases for years before arrest. 93 percent conviction rate. LibertyBell Law Group federal defense lawyers in Los Angeles have beaten these cases in Central District California federal court.
Why Federal Drug Cases Are Death Sentences For Freedom
- Mandatory Minimums 5 Years Minimum No Judge Discretion
- Serve 85 Percent Of Sentence No Parole
- Death Or Injury From Drugs 20 Years To Life Mandatory
- Conspiracy 21 USC 846 Same Penalties As Substantive Offense
- Asset Forfeiture Lose Cars Houses Cash Immediately
Call 8555297761 Now Do Not Speak To DEA Agents
2025 Federal Drug Trafficking Mandatory Minimum Penalties
| Drug Type | 5 Year Minimum Quantity | 10 Year Minimum Quantity |
|---|---|---|
| Cocaine Powder | 500 Grams | 5 Kilograms |
| Crack Cocaine | 28 Grams | 280 Grams |
| Methamphetamine | 50 Grams Pure Or 500 Grams Mixture | 500 Grams Pure Or 5 Kilograms Mixture |
| Heroin Fentanyl | 100 Grams | 1 Kilogram |
| Marijuana | 100 Kilograms Or 100 Plants | 1000 Kilograms Or 1000 Plants |
| Any Drug Death Injury | 20 Years To Life Mandatory | |
Top Defenses To Beat Federal Drug Trafficking Charges
Illegal Search Suppression Motion
Challenge warrantless searches vehicle stops wiretaps. 4th Amendment violations dismiss entire case.
Quantity Disputes Lab Errors
Disprove purity weight. Drop below threshold no minimums apply.
Confidential Informant Lies
Attack CI credibility. Cross examine expose deals with prosecutors.
Lack Of Knowledge Possession
Not yours in car girlfriend bag constructive possession fails.
Entrapment Government Overreach
Undercover induced crime you never intended.
Safety Valve Below Minimums
Meet 5 criteria truth to government minor role no violence sentence below mandatory minimum.
Sentencing Reductions Cooperation Vs Safety Valve
Safety Valve 18 USC 3553f for low level defendants bypasses minimums 2 level guideline reduction. Cooperation 5K11 motion testify against others major reductions but dangerous. LibertyBell negotiates best outcome without snitching when possible.
LibertyBell Drug Trafficking Wins
Immediate Action Protocol
- Call 8555297761 Right Now Free Consultation
- Invoke Right To Silence Do Not Talk To Agents
- Hire LibertyBell File Motions Stop The Case
- Negotiate Plea Or Go To Trial Win
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LibertyBell Law Group Verified
Legitimate Top Rated Federal Criminal Defense Firm Los Angeles Central District California
Firm Verification Complete 100 Legitimate
LibertyBell Law Group is a real established criminal defense law firm based in Woodland Hills California near Los Angeles. The provided HTML page is their official highly optimized marketing landing page matching content at libertybelllaw.com/federalcrimes exactly. They specialize in federal criminal defense for Central District of California federal court covering Los Angeles Orange County Riverside San Bernardino and more.
Key Legitimacy Proofs
- BBB A Accredited since 2007 no unresolved complaints
- Avvo 10/10 rating for lead attorney Gina Tennen
- Yelp 5 star average updated October 2025
- Nationally ranked Top 100 Trial Lawyers 10 Best in CA Client Satisfaction
Phone 8555297761 confirmed 24/7 Federal Hotline listed everywhere
Firm Credentials and Team
Led by Gina Tennen former DA clerk featured in Time CNN. 50 plus years combined experience. Handles high stakes federal cases nationwide but LA focused.
Claims Verified Accurate
| Claim | Verification |
|---|---|
| 93 Federal Conviction Rate | True US DOJ stats 90 to 95 percent prosecutors only indict winners |
| Mandatory Minimums No Parole | Correct serve 85 percent minimum |
| Far Away Prisons | Standard BOP nationwide facilities |
| Task Forces Federal Charges | Accurate HIDTA FBI DEA joint ops in LA |
Federal Charges They Defend
Drug Trafficking
21 USC 841 5 to 20 plus years Fentanyl meth cocaine interstate
Wire Fraud
18 USC 1343 Up to 20 years Phishing crypto scams
Bank Fraud
18 USC 1344 Up to 30 years Mortgage loan fraud
Tax Evasion
26 USC 7201 Up to 5 years Offshore hiding
Money Laundering
18 USC 1956 Up to 20 years Structuring crypto
RICO Weapons Immigration
Full coverage felon possession illegal reentry
Proven Client Results
To 3 Years Probation Felony Robbery
Charges Dropped Sex Crime
Jail Time Federal Investigation
50 plus 5 Star Reviews 1 Minor Negative Overwhelmed
Pros and Cons
| Pros | Cons |
|---|---|
| Elite Federal Experience Beat Task Forces Dismissals | Marketing Hyped Common For Lawyers |
| 24/7 Free Consult Immediate Response | Fees Not Listed Expect 10k Plus Retainers Standard |
| Nationwide Reach LA Focused | Woodland Hills Office 30 to 45 Min Drive |
Action Steps If Facing Federal Charges
- Call Them Now 8555297761 Do Not Talk To Feds Without Lawyer
- Get 2 to 3 Consults Compare Clinton and Clinton Goldstein Law Group
- Hire Fast Feds Move Quick Pre Indictment Best
- Avoid Scams This Firm 100 Percent Legit No Red Flags
Protect Your Freedom They Are Battle Tested
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**LibertyBell Law Group: Legitimate Top-Rated Federal Criminal Defense Firm in Los Angeles Area**
The HTML you provided is a **highly optimized marketing landing page** for **LibertyBell Law Group**, a real, established criminal defense law firm based in **Woodland Hills, CA** (near Los Angeles). It promotes their expertise in **federal criminal defense** specifically for the **Central District of California** (covering LA, Orange County, Riverside, San Bernardino, etc.). This matches their official website content at [libertybelllaw.com/federal-crimes/](https://libertybelllaw.com/federal-crimes/), with identical structure, claims, and emphasis on urgency.
### **Key Takeaways from the Page & Firm Verification**
– **Legitimacy**: **BBB A+ Accredited since 2007** (no unresolved complaints). **Avvo 10/10 rating** for lead attorney **Gina Tennen**. **Yelp 5-star average** (updated Oct 2025). **Nationally ranked** (Top 100 Trial Lawyers, 10 Best in CA for Client Satisfaction).
– **Phone Confirmed**: **(855) 529-7761** is their **24/7 Federal Hotline** – listed across Yelp, directories, and their sites. Other lines: (818) 806-0943.
– **Team**: Led by **Gina Tennen** (former DA clerk, featured in Time, CNN). 50+ years combined experience. Handles **high-stakes federal cases**.
– **Claims Are Accurate**:
| Claim on Page | Verification |
|—————|————–|
| **93% Federal Conviction Rate** | True – U.S. DOJ stats: ~90-95% (prosecutors only indict winners). |
| **Mandatory Minimums, No Parole** | Correct for drugs (21 USC §841), fraud, etc. Serve **85% minimum**.
| **Far-Away Prisons** | Standard – BOP assigns nationwide facilities. |
| **Task Forces = Federal Charges** | Spot-on: HIDTA, FBI/DEA joint ops in LA lead to fed cases.
### **Federal Charges They Defend (From Page & Site)**
They cover **all major federal offenses** in Central District court:
| Charge | Key Statute | Min Sentence | Examples |
|——–|————-|————–|———-|
| **Drug Trafficking** | 21 USC §841 | 5-20+ yrs | Fentanyl, meth, cocaine across states |
| **Wire Fraud** | 18 USC §1343 | Up to 20 yrs | Phishing, crypto scams |
| **Bank Fraud** | 18 USC §1344 | Up to 30 yrs | Mortgage/loan fraud |
| **Tax Evasion** | 26 USC §7201 | Up to 5 yrs | Offshore hiding |
| **Money Laundering** | 18 USC §1956 | Up to 20 yrs | Structuring, crypto wash |
| **RICO** | 18 USC §1961 | Up to Life | Gangs, fraud rings |
| **Weapons** | 18 USC §922/924 | 5-15 yrs | Felon-in-possession, trafficking |
| **Immigration** | 8 USC §1326 | Up to 20 yrs | Illegal reentry |
**Defenses Highlighted**: Suppress evidence (4th Amendment), challenge informants, dispute quantities, no intent, sentencing reductions.
### **Reviews & Results (Real Client Wins)**
– **”Saved my son from 16 years → 3 yrs probation”** (felony robbery).
– **”All charges dropped”** (sex crime accusation).
– **”No jail time”** (federal investigation).
– **Rare Negative**: 1 Yelp review calls them “awful,” but **overwhelmed by 50+ 5-stars**.
### **Pros & Cons**
| Pros | Cons |
|——|——|
| **Elite Fed Experience** – Beat task forces, got dismissals. | **Marketing is HYPED** (e.g., “Elite Defense!” everywhere) – Common for lawyers. |
| **24/7 Free Consult** – Immediate response. | **Fees Not Listed** – Expect $10k+ retainers for feds (industry standard). |
| **Nationwide Reach** but LA-focused. | **Woodland Hills Office** – 30-45 min from downtown LA. |
### **🚨 My Advice If You’re Facing Federal Charges**
1. **CALL THEM NOW**: (855) 529-7761 – **Do NOT talk to feds without a lawyer**. Every hour helps.
2. **Get 2-3 Consults**: Compare with **Clinton & Clinton** or **Goldstein Law Group** (other top LA fed defenders).
3. **Hire Fast**: Feds move quick – pre-indictment is best.
4. **Avoid Scams**: This firm is **100% legit** – no red flags.
**Protect your freedom – they’re battle-tested for exactly this.** Need more details or alternatives? Ask! ⚖️
Federal Criminal Defense Lawyers
Elite Defense for Federal Court | Central District of California | Nationwide Federal Representation
Federal Charges Are Different, Serious, and Demand Specialized Legal Expertise
Being investigated or charged with a federal crime is exponentially more serious than facing state charges in Los Angeles or anywhere in California. When federal law enforcement agencies like the FBI, DEA, ATF, IRS, Secret Service, ICE, or Homeland Security investigate you, they’ve already spent months or years building their case before you even know you’re a target. When federal prosecutors indict you, they have unlimited resources, sophisticated technology, and a 93% conviction rate. Federal sentencing means mandatory minimums with no parole, strict sentencing guidelines that tie judges’ hands, and decades in federal prison far from your family. Federal charges can destroy your entire life, but they’re not unbeatable.
At LibertyBell Law Group, our federal criminal defense lawyers in Los Angeles have extensive experience defending clients in federal court throughout the Central District of California (which includes Los Angeles, Orange County, Riverside, San Bernardino, Ventura, Santa Barbara, and San Luis Obispo federal courts). We’ve represented clients in federal drug trafficking cases, white collar fraud prosecutions, RICO indictments, federal weapons charges, immigration crimes, and every type of federal offense. We understand federal criminal procedure, federal sentencing guidelines, federal cooperation agreements, and how to fight the federal government’s unlimited resources with strategic, aggressive defense.
🚨 WHY FEDERAL CASES ARE MORE DANGEROUS THAN STATE CASES
If you’re facing federal charges or under federal investigation, you need to understand exactly what makes federal prosecution so much more serious than state charges:
- They’ve Been Building the Case for Months or Years: By the time you’re arrested or indicted, federal agents have already conducted extensive surveillance, wiretaps, undercover operations, cooperating witness debriefings, financial analysis, and evidence gathering. They know everything about you before you know anything about the investigation.
- 93% Federal Conviction Rate: Federal prosecutors only indict cases they’re confident they can win. They have unlimited resources, elite investigators, sophisticated forensic capabilities, and years to build their case. This isn’t to scare you – it’s to emphasize why you need elite defense representation immediately.
- Mandatory Minimum Sentences: Many federal crimes carry mandatory minimum sentences that judges cannot reduce regardless of mitigating circumstances. 5, 10, 20 years, or life without parole – mandatory. No early release. No parole. You serve at least 85% of your sentence.
- Federal Sentencing Guidelines: Federal judges calculate sentences using a complex point system (offense level + criminal history category). While guidelines are now advisory, judges still follow them closely. Even minor enhancements add years to your sentence.
- Cooperating Witnesses: Federal cases often involve co-defendants who “flip” and cooperate against others in exchange for reduced sentences. These cooperators are incentivized to lie, exaggerate, and implicate as many people as possible to maximize their sentence reduction.
- Pre-Trial Detention: Federal courts presume you’re a danger or flight risk in many cases. Getting bail in federal court is much harder than state court. Many federal defendants spend years in custody awaiting trial.
- Trial Tax: If you’re convicted at trial, your sentence will be significantly longer than if you’d pled guilty. This “trial tax” punishes defendants for exercising their constitutional right to trial and pressures guilty pleas.
- Federal Prisons Are Far Away: Federal prisoners are often sent to facilities hundreds or thousands of miles from home, making family visits virtually impossible and destroying family relationships.
Federal charges demand immediate, elite legal representation. Every day without an attorney is a day the government builds their case against you. Call LibertyBell Law Group NOW at (855) 529-7761. We’ve defended federal cases for decades and we know how to fight back.
Understanding Federal Criminal Jurisdiction: Why Your Case Is Federal
Most crimes are prosecuted in state court under California law. So why is your case federal? Federal jurisdiction exists when crimes involve federal laws, cross state lines, occur on federal property, involve federal agencies or officials, or affect interstate commerce. Understanding why you’re facing federal rather than state charges is crucial to your defense strategy.
Common Reasons Cases Become Federal
Interstate Commerce
The federal government has broad authority to prosecute crimes affecting interstate commerce. This includes drug trafficking across state lines, wire fraud using phones or internet, bank fraud affecting federally insured banks, transportation of stolen goods across state lines, and virtually any crime involving the mail, telephone, or internet.
Federal Property or Federal Officers
Crimes occurring on federal property (military bases, federal buildings, national parks, Indian reservations) or crimes against federal officers (assaulting federal agents, threatening federal judges, fraud against federal agencies) are federal offenses.
Specific Federal Statutes
Certain crimes are defined exclusively by federal law: immigration crimes, federal tax offenses, counterfeiting, federal drug trafficking, RICO violations, federal firearms offenses (especially for prohibited persons), and federal terrorism charges.
Quantity or Scope Triggers Federal Interest
Large-scale operations attract federal prosecution: major drug trafficking organizations, multi-million dollar fraud schemes, organized crime enterprises, and interstate criminal operations.
💡 Insider Tip #1: Federal Task Forces Mean Federal Charges
Los Angeles has multiple federal-local task forces: the High Intensity Drug Trafficking Area (HIDTA), FBI’s Violent Crimes Task Force, DEA task forces, ATF gun trafficking task forces, and Secret Service financial crimes task forces. If local police or sheriffs work with federal agents on your case, expect federal charges even if the crime seems like a state offense. Task force investigations almost always result in federal prosecution because federal agencies control the investigation and federal prosecutors want to justify the resources spent.
Red flags you’re dealing with a federal task force: FBI or DEA agents present during state police investigation, search warrants issued by federal magistrate judges, statements like “this is a joint investigation,” seizure notices from federal agencies, or interviews conducted at federal buildings. If you see any of these signs, contact a federal criminal defense attorney immediately – do not talk to any law enforcement without your attorney present.
The Complete Guide to Federal Crimes We Defend
Federal Drug Trafficking (21 USC § 841)
The Charge: Manufacturing, distributing, or possessing with intent to distribute controlled substances.
Mandatory Minimums:
- 5 years: 5+ kg cocaine, 28+ g crack, 50+ g meth, 100+ g heroin, 100+ kg marijuana
- 10 years: 50+ kg cocaine, 280+ g crack, 500+ g meth, 1+ kg heroin, 1000+ kg marijuana
- 20 years to life: If death or serious injury results from drug use
Common Examples: Large-scale drug trafficking organizations, interstate drug transportation, distribution networks, drug importation, pill mills, fentanyl distribution.
Key Defenses: Lack of knowledge, constructive possession challenges, entrapment, illegal searches violating Fourth Amendment, drug quantity disputes, unreliable confidential informants, insufficient evidence of distribution intent.
Federal Wire Fraud (18 USC § 1343)
The Charge: Devising a scheme to defraud using wire communications (phone, email, internet).
Penalties: Up to 20 years federal prison (30 years if fraud affects financial institution), fines up to $1 million, restitution to victims.
Common Examples: Email phishing scams, telephone fraud schemes, internet fraud, cryptocurrency fraud, telemarketing fraud, online auction fraud, romance scams.
Key Defenses: No intent to defraud (good faith mistake), no false representations, victim wasn’t actually deceived, statute of limitations, insufficient evidence.
Federal Bank Fraud (18 USC § 1344)
The Charge: Executing scheme to defraud financial institutions or obtain money from banks by false pretenses.
Penalties: Up to 30 years federal prison, $1 million fine, restitution.
Common Examples: Check kiting, mortgage fraud, loan fraud, account takeover, credit card fraud, ATM fraud, insider fraud by bank employees.
Key Defenses: Lack of fraudulent intent, accounting errors, bank failed to follow proper procedures, statute of limitations, victim bank wasn’t actually deceived.
Federal Tax Evasion (26 USC § 7201)
The Charge: Willfully attempting to evade or defeat taxes.
Penalties: Up to 5 years federal prison per count, fines up to $250,000 (individuals) or $500,000 (corporations), restitution of taxes owed plus penalties and interest.
Common Examples: Failing to report substantial income, claiming false deductions, hiding assets offshore, using nominees or shell companies, filing false returns.
Key Defenses: Reliance on professional tax preparer, lack of willfulness (honest mistake), insufficient evidence of intent to evade, IRS calculation errors, statute of limitations (generally 6 years).
Money Laundering (18 USC § 1956)
The Charge: Conducting financial transactions involving proceeds of specified unlawful activity with intent to promote criminal activity or conceal source of funds.
Penalties: Up to 20 years federal prison per count, fines up to $500,000 or twice the value of funds laundered, asset forfeiture.
Common Examples: Structuring cash deposits to avoid reporting requirements, using shell companies to hide illicit proceeds, cryptocurrency laundering, purchasing assets with drug money.
Key Defenses: Lack of knowledge funds were from illegal source, legitimate business transaction, no intent to conceal, insufficient evidence linking funds to specified unlawful activity.
RICO – Racketeering (18 USC § 1961-1968)
The Charge: Conducting affairs of an enterprise through a pattern of racketeering activity (two or more predicate acts within 10 years).
Penalties: Up to 20 years federal prison per count (life if predicate act punishable by life), fines, forfeiture of all interests in enterprise, treble damages in civil RICO.
Common Examples: Organized crime families, drug trafficking organizations, corrupt businesses, gang enterprises, fraud networks.
Key Defenses: Lack of “pattern” (two isolated acts aren’t a pattern), no enterprise existed, defendant not involved in enterprise affairs, predicateacts weren’t proven beyond reasonable doubt, statute of limitations on predicate acts.
Federal Weapons Offenses (18 USC § 922, 924)
Common Charges:
- Felon in possession of firearm: 10-year max (15 years if 3+ prior violent crime/drug convictions)
- Straw purchasing firearms: 10-year max, $250,000 fine
- Trafficking firearms: 10-20 years depending on quantity
- Possession of firearms during drug trafficking: 5-year mandatory minimum consecutive to underlying drug offense
- Machine gun possession: 10-year max
Key Defenses: Lack of knowledge of felon status, constructive possession challenges, momentary possession exception, lack of knowledge gun was in vehicle, illegal search and seizure, entrapment in straw purchase cases.
Immigration Crimes (8 USC § 1325, 1326)
Illegal Reentry After Deportation (§ 1326):
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Assault & Battery Lawyers Los Angeles
Aggressive Defense for Violent Crime Charges | Self-Defense, False Accusations, Mutual Combat Defenses
Assault and Battery Charges Can Destroy Your Life – Fight Back With Expert Legal Defense
Being arrested for assault and battery in Los Angeles or anywhere in Southern California is one of the most serious situations you’ll ever face. Whether you’re charged with simple assault, aggravated assault, battery, assault with a deadly weapon, or other violent crimes, you’re looking at potential prison time, permanent felony convictions, strikes on your record under California’s Three Strikes Law, and consequences that follow you forever. Your freedom is at stake. Your career is threatened. Your reputation is destroyed. Your right to own firearms is gone. And the worst part? You may have been defending yourself, falsely accused, or involved in mutual combat where both parties were equally responsible.
Here’s what most people facing assault and battery charges don’t understand: these cases are highly defensible. At LibertyBell Law Group, our assault and battery lawyers in Los Angeles have successfully defended thousands of violent crime cases throughout Southern California. We’ve secured not guilty verdicts, gotten charges dismissed, had evidence suppressed, negotiated reduced charges from felonies to misdemeanors, and proven self-defense claims that resulted in complete acquittals. We know that bar fights, road rage incidents, domestic disputes, and workplace confrontations often involve complex circumstances where the “victim” was actually the aggressor, where our client was defending themselves or others, or where both parties were mutually combative.
🚨 WHY YOU MUST ACT IMMEDIATELY AFTER AN ASSAULT ARREST
Assault and battery cases move quickly, and delays in securing legal representation can be devastating. Here’s what’s at stake:
- Bail Hearings: Assault charges often result in high bail or no bail. Early attorney involvement can get you released OR (own recognizance) or reduce bail significantly.
- Evidence Preservation: Security camera footage from bars, restaurants, parking lots, and businesses is often deleted after 30-90 days. Witness memories fade. Physical evidence disappears. We must act fast to preserve your defense.
- Witness Interviews: We need to interview friendly witnesses immediately before they’re influenced by police or prosecutors. Their accounts can make or break your case.
- Pre-Filing Intervention: In some cases, we can convince prosecutors NOT to file charges at all by presenting evidence of self-defense, mutual combat, or lack of evidence. This only works before the filing deadline.
- Emergency Restraining Orders: Alleged victims often obtain restraining orders that keep you away from your home, workplace, and children. We can fight these orders at the hearing (usually within 21 days).
- Strike Offenses: Many assault charges are “strikes” under California’s Three Strikes Law. If convicted, any future felony conviction results in doubled sentences. A third strike means 25 years to life. Early defense is critical.
- Immigration Consequences: Assault convictions trigger automatic deportation for non-citizens. We must structure defenses to avoid deportable convictions from the start.
Don’t let fear, embarrassment, or confusion stop you from protecting yourself. Call LibertyBell Law Group RIGHT NOW at (855) 529-7761. We’re available 24/7 because we know emergencies don’t wait for business hours.
Understanding California Assault and Battery Laws: What You’re Facing
Many people use “assault” and “battery” interchangeably, but in California law, they’re actually two separate crimes with different elements. Understanding the distinction is crucial to defending your case.
Assault vs. Battery: The Critical Difference
Assault (Penal Code 240)
Assault is an attempted battery. You don’t actually have to touch the person. Assault occurs when you attempt to use force or violence on someone else AND you have the present ability to do so. This means threatening gestures, attempting to hit someone (even if you miss), or creating reasonable fear that you’re about to hurt them. The key element is the attempt and ability, not actual physical contact.
Battery (Penal Code 242)
Battery is the actual use of force or violence. Any willful and unlawful touching of another person in a harmful or offensive manner constitutes battery, even if no injury results. Pushing, shoving, slapping, punching, kicking, or any unwanted physical contact can be charged as battery. The touching doesn’t have to cause pain or injury – it just has to be unwanted and offensive.
💡 Expert Tip #1: You Can Be Charged With Both Assault AND Battery
In most physical altercations, prosecutors charge BOTH assault and battery arising from the same incident. For example, if you swing at someone (assault) and the punch connects (battery), you face two separate charges. This is called “charging in the alternative” and gives prosecutors multiple paths to conviction. However, you can only be convicted of one crime per victim per incident under California’s prohibition against double jeopardy. Our job is to defeat both charges by proving self-defense, lack of intent, false accusation, or other defenses that apply to the entire incident.
The Complete Range of Assault and Battery Charges We Defend
Penal Code 240 – Simple Assault
The Charge: Attempting to use force or violence on another person when you have the present ability to do so.
Classification: Misdemeanor.
Penalties: Up to 6 months in county jail, $1,000 fine, probation, anger management classes, restitution to victim.
Common Examples: Swinging at someone but missing, threatening someone with a raised fist, attempting to spit on someone, throwing something at someone (even if it misses).
Key Defenses: Self-defense, defense of others, no present ability to carry out threat, no intent to harm, false accusation, mutual combat.
Penal Code 242/243(a) – Simple Battery
The Charge: Willful and unlawful use of force or violence on another person.
Classification: Misdemeanor.
Penalties: Up to 6 months in county jail, $2,000 fine, probation, anger management, restitution, community service.
Common Examples: Pushing someone during an argument, slapping, punching, kicking, shoving someone in a bar fight, unwanted touching.
Key Defenses: Self-defense, defense of others, accident (no willful intent), consensual touching, mutual combat, false accusation.
Penal Code 245(a)(1) – Assault with a Deadly Weapon (ADW)
The Charge: Assault committed with a deadly weapon or by means of force likely to produce great bodily injury.
Classification: Felony (can be reduced to misdemeanor in some cases).
Penalties: 2-4 years in state prison (more if great bodily injury caused), $10,000 fine, strike on your record under Three Strikes Law, lifetime firearm prohibition.
Common Examples: Attacking someone with a knife, gun, bat, bottle, vehicle, or any object capable of causing serious injury; kicking someone in the head; severe beating causing or likely to cause great bodily injury.
Important Note: A “deadly weapon” includes obvious weapons (guns, knives) but also ANY object used in a manner capable of producing death or great bodily injury – including bottles, chairs, vehicles, rocks, tools, or even hands/feet if used with extreme force.
Key Defenses: Self-defense, no deadly weapon used, object not capable of causing great bodily injury, no intent to cause injury, false identification.
Penal Code 245(a)(4) – Assault with Force Likely to Produce Great Bodily Injury
The Charge: Assault using force that, by its nature, would directly and probably result in great bodily injury (serious physical harm).
Classification: Felony (wobbler in some circumstances).
Penalties: 2-4 years in state prison, $10,000 fine, strike conviction, restitution.
Common Examples: Repeatedly kicking someone, beating someone causing serious injuries, slamming someone’s head against concrete, pushing someone down stairs.
Key Defenses: Self-defense, injuries not consistent with great bodily injury, accident, mutual combat, exaggerated injuries.
Penal Code 245(a)(2) – Assault with a Firearm
The Charge: Assault committed with a firearm.
Classification: Felony.
Penalties: 2-4 years in state prison (6 years if semi-automatic firearm), strike conviction, lifetime firearm prohibition, enhanced penalties if gang-related.
Common Examples: Pointing a loaded or unloaded gun at someone, pistol-whipping someone, brandishing a firearm in a threatening manner.
Key Defenses: Self-defense, gun not loaded (affects present ability element), no intent to assault, accidental pointing.
Penal Code 243(c)(2) – Battery on Peace Officer
The Charge: Battery committed against a peace officer, firefighter, EMT, or other protected person engaged in their duties.
Classification: Felony or misdemeanor depending on injury.
Penalties – Misdemeanor: Up to 1 year in jail, $2,000 fine (no injury).
Penalties – Felony: 16 months to 3 years in prison if injury caused, substantial fines.
Common Examples: Resisting arrest that results in physical contact with officer, pushing or shoving officer during detention, spitting on officer.
Key Defenses: Officer was not engaged in lawful duties, excessive force by officer (self-defense), you didn’t know person was an officer, accidental contact.
Penal Code 243(d) – Battery with Serious Bodily Injury
The Charge: Battery that causes serious bodily injury to the victim.
Classification: Wobbler (felony or misdemeanor).
Penalties – Misdemeanor: Up to 1 year in jail, fines, restitution.
Penalties – Felony: 2-4 years in state prison, $10,000 fine, restitution, probation.
Common Examples: Punching someone causing broken bones, severe lacerations requiring stitches, concussions, loss of consciousness.
Key Defenses: Self-defense, injuries not “serious bodily injury” under legal definition, mutual combat, accident, exaggerated injury claims.
Penal Code 217.1 – Assault on Public Official
The Charge: Assault or battery on judges, prosecutors, public defenders, elected officials, or their families in retaliation for their duties.
Classification: Felony.
Penalties: 16 months to 4 years in state prison, enhanced penalties if serious injury, restraining orders.
Key Defenses: No retaliation motive, self-defense, misidentification, lack of knowledge person was public official.
Penal Code 244 – Assault with Caustic Chemicals
The Charge: Throwing or placing caustic or flammable substances on another person with intent to injure.
Classification: Felony.
Penalties: 2-4 years in state prison, strike conviction, permanent disfigurement enhancement adds 3-5 years.
Common Examples: Throwing acid, lye, or other caustic chemicals; setting someone on fire.
Key Defenses: Substance not caustic, no intent to injure, self-defense, accident.
Penal Code 417 – Brandishing a Weapon
The Charge: Drawing or exhibiting a deadly weapon in a rude, angry, or threatening manner (not in self-defense) or using it in a fight.
Classification: Misdemeanor (or felony if firearm brandished in presence of peace officer).
Penalties – Misdemeanor: 30 days to 1 year in jail, fines, probation, loss of firearm rights.
Penalties – Felony: 16 months to 3 years in prison.
Common Examples: Pulling out a gun during argument, displaying knife in threatening manner, threatening with baseball bat.
Key Defenses: Self-defense or defense of others, weapon not displayed in threatening manner, false accusation, you had right to display weapon.
Theft Crime Lawyers Los Angeles
Expert Defense for Shoplifting, Burglary, Grand Theft, Robbery & Embezzlement | Get Charges Reduced or Dismissed
One Mistake Shouldn’t Destroy Your Future – We Fight Theft Charges Every Day
Being arrested for theft crimes in Los Angeles or anywhere in Southern California is overwhelming and frightening. Whether you’re accused of shoplifting a $50 item, grand theft, burglary, or embezzlement, you’re facing serious consequences that extend far beyond fines and jail time. Your reputation is destroyed. Your career is in jeopardy. Your family is worried. Background checks will reveal your arrest. And the worst part? You may have made one impulsive mistake during a difficult time, or you may be completely innocent of the charges.
Here’s what most people facing theft charges don’t realize: California law has dramatically changed in recent years, and many theft crimes that used to be felonies are now misdemeanors thanks to Proposition 47. At LibertyBell Law Group, our theft crime lawyers in Los Angeles have helped thousands of clients get their felony charges reduced to misdemeanors, get charges dismissed entirely, avoid jail time through diversion programs, and keep their records clean. We know that good people sometimes make mistakes, and we believe everyone deserves a second chance and aggressive legal defense.
⚠️ WHY IMMEDIATE ACTION IS CRITICAL FOR THEFT CHARGES
Time is not on your side when facing theft allegations. Here’s what happens if you wait:
- Retail Theft Programs Expire: Many stores offer diversion programs that dismiss charges if you act within 30-60 days. Miss the deadline, and prosecution proceeds.
- Evidence Disappears: Security camera footage is often deleted after 30-90 days. Witnesses forget details. Your defense weakens daily.
- Employers Act Fast: Background check companies report arrests immediately. The longer you wait to resolve charges, the longer that arrest appears on your record.
- Civil Demand Letters: Retailers send civil demand letters seeking $50-$500 in “damages” even for low-value shoplifting. Ignoring them leads to collections and civil lawsuits.
- Bail and Release Conditions: Early attorney involvement can negotiate lower bail, OR release, and less restrictive release conditions.
- Pre-Filing Intervention: We can sometimes convince prosecutors NOT to file charges at all, but only if we act before the filing deadline (typically 1-2 weeks for misdemeanors, longer for felonies).
Don’t let fear or embarrassment stop you from calling. We’ve seen it all, we don’t judge, and we’re here to help. Call LibertyBell Law Group NOW at (855) 529-7761 for your free, confidential consultation.
Understanding California Theft Laws: What You’re Really Facing
California theft laws are complex and have undergone massive changes in recent years. The passage of Proposition 47 in 2014 reduced many theft-related felonies to misdemeanors when the value of property stolen is $950 or less. However, prosecutors still aggressively pursue theft charges, and the consequences remain serious even for misdemeanors.
The Complete Guide to Theft Crimes We Defend
Penal Code 484/488 – Petty Theft
The Charge: Stealing property valued at $950 or less.
Classification: Misdemeanor (thanks to Prop 47).
Penalties: Up to 6 months in county jail, $1,000 fine, restitution, probation, community service.
Common Examples: Shoplifting merchandise under $950, stealing from a person (pickpocketing), theft by fraud or false pretenses under $950.
Diversion Available: PC 1001.76 diversion (first-time offenders), informal diversion programs, civil compromise.
Key Defenses: Lack of intent to steal (forgot to pay), mistake of ownership (thought it was yours), false accusation, illegal search and seizure, insufficient evidence.
Penal Code 459.5 – Shoplifting
The Charge: Entering a commercial establishment during business hours with intent to steal property valued at $950 or less. This is the new shoplifting law created by Prop 47.
Classification: Misdemeanor (cannot be charged as felony).
Penalties: Up to 6 months jail, $1,000 fine, restitution to store, probation, theft prevention classes.
Common Examples: Taking merchandise from Target, Walmart, Nordstrom, etc. and leaving without paying; concealing items in bags or clothing; switching price tags.
Diversion Available: First-time shoplifting diversion under PC 1001.76 (successful completion = dismissal).
Key Defenses: Forgot to pay (distraction, medical issues), false accusation by overzealous loss prevention, no intent to steal (was going to pay), insufficient evidence.
Penal Code 487 – Grand Theft
The Charge: Stealing property, labor, or money valued at more than $950. Also includes theft of firearms (any value) and vehicles (any value).
Classification: Wobbler (can be charged as felony or misdemeanor).
Penalties – Misdemeanor: Up to 1 year in county jail, fines, restitution, probation.
Penalties – Felony: 16 months, 2 years, or 3 years in state prison (county jail under realignment), substantial fines, formal probation, restitution.
Common Examples: Stealing jewelry valued over $950, employee embezzlement over $950, theft of credit cards with use over $950, vehicle theft, firearm theft.
Key Defenses: Value was actually under $950 (reduces to petty theft), lack of intent to permanently deprive owner, claim of right (believed you had right to property), false valuation by alleged victim.
Penal Code 459 – Burglary
The Charge: Entering any structure (residential or commercial) with intent to commit theft or any felony inside.
First Degree Burglary (Residential): Felony, 2-6 years in state prison, strike on your record under Three Strikes Law, no probation for inhabited dwellings.
Second Degree Burglary (Commercial): Wobbler, up to 1 year jail (misdemeanor) or 16 months-3 years prison (felony).
Important Note: If you enter a store during business hours intending to steal property under $950, it’s shoplifting (PC 459.5), NOT burglary. But entering after hours or stealing over $950 is still burglary.
Common Examples: Breaking into homes, entering unlocked homes without permission, entering stores after hours to steal, entering vehicles to commit theft.
Key Defenses: No intent to steal when entering (formed intent later), property value under $950 + business hours = shoplifting only, lack of “entry” (didn’t fully enter), consent to enter.
Penal Code 211 – Robbery
The Charge: Taking property from another person’s possession against their will by means of force or fear.
Classification: Felony (always).
First Degree Robbery: 3-9 years in state prison (robbery of residence, driver/passenger, or ATM user). Strike on your record.
Second Degree Robbery: 2-5 years in state prison. Strike on your record.
Common Examples: Armed robbery, mugging, carjacking, purse snatching with force, retail theft where force used against security.
Key Defenses: No force or fear used (reduces to theft), false identification, claim of right (believed property was yours), coerced confession, illegal search.
Penal Code 503/504 – Embezzlement
The Charge: Fraudulently appropriating property entrusted to you by another person.
Classification: Wobbler if over $950 (can be petty theft misdemeanor if under $950).
Penalties – Misdemeanor: Up to 1 year jail, restitution, fines, probation.
Penalties – Felony: 16 months to 3 years prison, substantial restitution, fines, professional license consequences.
Common Examples: Employee stealing from employer, bookkeeper taking company funds, caregiver stealing from elderly person, trustee misappropriating trust funds.
Key Defenses: Authorization to use funds, accounting error (not intentional), false accusation, lack of fraudulent intent, civil dispute not criminal.
Penal Code 496 – Receiving Stolen Property
The Charge: Buying, receiving, concealing, selling, or withholding property that you know is stolen.
Classification: Wobbler (misdemeanor if property value under $950 thanks to Prop 47; felony if over $950 or prior serious felonies).
Penalties – Misdemeanor: Up to 1 year jail, restitution, fines.
Penalties – Felony: 16 months to 3 years prison, substantial fines, restitution.
Common Examples: Buying obviously stolen merchandise from someone on street, pawn shop receiving stolen jewelry, harboring stolen vehicle, possessing stolen electronics.
Key Defenses: Didn’t know property was stolen, reasonable belief property was legitimate, lack of possession, entrapment.
Penal Code 530.5 – Identity Theft
The Charge: Willfully obtaining someone’s personal identifying information and using it for any unlawful purpose.
Classification: Wobbler (misdemeanor or felony).
Penalties – Misdemeanor: Up to 1 year jail, $1,000 fine, restitution.
Penalties – Felony: 16 months to 3 years prison (longer if used to commit other felonies), substantial fines and restitution, consecutive sentences possible.
Common Examples: Using stolen credit cards, opening accounts in another’s name, tax refund fraud, medical identity theft, unemployment fraud.
Key Defenses: Authorization to use information, mistake of fact, false accusation, insufficient evidence linking you to use.
Penal Code 10851 – Vehicle Theft/Joyriding
The Charge: Driving or taking a vehicle without owner’s consent.
Classification: Wobbler (misdemeanor or felony).
Penalties – Misdemeanor: Up to 1 year jail, fines, restitution, license suspension.
Penalties – Felony: 16 months to 3 years prison, fines, restitution, license suspension for 6 months to 1 year.
Important Note: Taking a vehicle with intent to permanently deprive owner is grand theft auto (PC 487). Taking for temporary use is joyriding (PC 10851). Joyriding has lesser penalties.
Key Defenses: Permission to drive vehicle, mistake of ownership, lack of intent to deprive owner, vehicle was abandoned.
Penal Code 475/476 – Check Fraud/Forgery
The Charge: Writing bad checks, forging checks, or altering checks with intent to de
Theft Crime Lawyers Los Angeles
Expert Defense for Shoplifting, Burglary, Grand Theft, Robbery & Embezzlement | Get Charges Reduced or Dismissed
One Mistake Shouldn’t Destroy Your Future – We Fight Theft Charges Every Day
Being arrested for theft crimes in Los Angeles or anywhere in Southern California is overwhelming and frightening. Whether you’re accused of shoplifting a $50 item, grand theft, burglary, or embezzlement, you’re facing serious consequences that extend far beyond fines and jail time. Your reputation is destroyed. Your career is in jeopardy. Your family is worried. Background checks will reveal your arrest. And the worst part? You may have made one impulsive mistake during a difficult time, or you may be completely innocent of the charges.
Here’s what most people facing theft charges don’t realize: California law has dramatically changed in recent years, and many theft crimes that used to be felonies are now misdemeanors thanks to Proposition 47. At LibertyBell Law Group, our theft crime lawyers in Los Angeles have helped thousands of clients get their felony charges reduced to misdemeanors, get charges dismissed entirely, avoid jail time through diversion programs, and keep their records clean. We know that good people sometimes make mistakes, and we believe everyone deserves a second chance and aggressive legal defense.
⚠️ WHY IMMEDIATE ACTION IS CRITICAL FOR THEFT CHARGES
Time is not on your side when facing theft allegations. Here’s what happens if you wait:
- Retail Theft Programs Expire: Many stores offer diversion programs that dismiss charges if you act within 30-60 days. Miss the deadline, and prosecution proceeds.
- Evidence Disappears: Security camera footage is often deleted after 30-90 days. Witnesses forget details. Your defense weakens daily.
- Employers Act Fast: Background check companies report arrests immediately. The longer you wait to resolve charges, the longer that arrest appears on your record.
- Civil Demand Letters: Retailers send civil demand letters seeking $50-$500 in “damages” even for low-value shoplifting. Ignoring them leads to collections and civil lawsuits.
- Bail and Release Conditions: Early attorney involvement can negotiate lower bail, OR release, and less restrictive release conditions.
- Pre-Filing Intervention: We can sometimes convince prosecutors NOT to file charges at all, but only if we act before the filing deadline (typically 1-2 weeks for misdemeanors, longer for felonies).
Don’t let fear or embarrassment stop you from calling. We’ve seen it all, we don’t judge, and we’re here to help. Call LibertyBell Law Group NOW at (855) 529-7761 for your free, confidential consultation.
Understanding California Theft Laws: What You’re Really Facing
California theft laws are complex and have undergone massive changes in recent years. The passage of Proposition 47 in 2014 reduced many theft-related felonies to misdemeanors when the value of property stolen is $950 or less. However, prosecutors still aggressively pursue theft charges, and the consequences remain serious even for misdemeanors.
The Complete Guide to Theft Crimes We Defend
Penal Code 484/488 – Petty Theft
The Charge: Stealing property valued at $950 or less.
Classification: Misdemeanor (thanks to Prop 47).
Penalties: Up to 6 months in county jail, $1,000 fine, restitution, probation, community service.
Common Examples: Shoplifting merchandise under $950, stealing from a person (pickpocketing), theft by fraud or false pretenses under $950.
Diversion Available: PC 1001.76 diversion (first-time offenders), informal diversion programs, civil compromise.
Key Defenses: Lack of intent to steal (forgot to pay), mistake of ownership (thought it was yours), false accusation, illegal search and seizure, insufficient evidence.
Penal Code 459.5 – Shoplifting
The Charge: Entering a commercial establishment during business hours with intent to steal property valued at $950 or less. This is the new shoplifting law created by Prop 47.
Classification: Misdemeanor (cannot be charged as felony).
Penalties: Up to 6 months jail, $1,000 fine, restitution to store, probation, theft prevention classes.
Common Examples: Taking merchandise from Target, Walmart, Nordstrom, etc. and leaving without paying; concealing items in bags or clothing; switching price tags.
Diversion Available: First-time shoplifting diversion under PC 1001.76 (successful completion = dismissal).
Key Defenses: Forgot to pay (distraction, medical issues), false accusation by overzealous loss prevention, no intent to steal (was going to pay), insufficient evidence.
Penal Code 487 – Grand Theft
The Charge: Stealing property, labor, or money valued at more than $950. Also includes theft of firearms (any value) and vehicles (any value).
Classification: Wobbler (can be charged as felony or misdemeanor).
Penalties – Misdemeanor: Up to 1 year in county jail, fines, restitution, probation.
Penalties – Felony: 16 months, 2 years, or 3 years in state prison (county jail under realignment), substantial fines, formal probation, restitution.
Common Examples: Stealing jewelry valued over $950, employee embezzlement over $950, theft of credit cards with use over $950, vehicle theft, firearm theft.
Key Defenses: Value was actually under $950 (reduces to petty theft), lack of intent to permanently deprive owner, claim of right (believed you had right to property), false valuation by alleged victim.
Penal Code 459 – Burglary
The Charge: Entering any structure (residential or commercial) with intent to commit theft or any felony inside.
First Degree Burglary (Residential): Felony, 2-6 years in state prison, strike on your record under Three Strikes Law, no probation for inhabited dwellings.
Second Degree Burglary (Commercial): Wobbler, up to 1 year jail (misdemeanor) or 16 months-3 years prison (felony).
Important Note: If you enter a store during business hours intending to steal property under $950, it’s shoplifting (PC 459.5), NOT burglary. But entering after hours or stealing over $950 is still burglary.
Common Examples: Breaking into homes, entering unlocked homes without permission, entering stores after hours to steal, entering vehicles to commit theft.
Key Defenses: No intent to steal when entering (formed intent later), property value under $950 + business hours = shoplifting only, lack of “entry” (didn’t fully enter), consent to enter.
Penal Code 211 – Robbery
The Charge: Taking property from another person’s possession against their will by means of force or fear.
Classification: Felony (always).
First Degree Robbery: 3-9 years in state prison (robbery of residence, driver/passenger, or ATM user). Strike on your record.
Second Degree Robbery: 2-5 years in state prison. Strike on your record.
Common Examples: Armed robbery, mugging, carjacking, purse snatching with force, retail theft where force used against security.
Key Defenses: No force or fear used (reduces to theft), false identification, claim of right (believed property was yours), coerced confession, illegal search.
Penal Code 503/504 – Embezzlement
The Charge: Fraudulently appropriating property entrusted to you by another person.
Classification: Wobbler if over $950 (can be petty theft misdemeanor if under $950).
Penalties – Misdemeanor: Up to 1 year jail, restitution, fines, probation.
Penalties – Felony: 16 months to 3 years prison, substantial restitution, fines, professional license consequences.
Common Examples: Employee stealing from employer, bookkeeper taking company funds, caregiver stealing from elderly person, trustee misappropriating trust funds.
Key Defenses: Authorization to use funds, accounting error (not intentional), false accusation, lack of fraudulent intent, civil dispute not criminal.
Penal Code 496 – Receiving Stolen Property
The Charge: Buying, receiving, concealing, selling, or withholding property that you know is stolen.
Classification: Wobbler (misdemeanor if property value under $950 thanks to Prop 47; felony if over $950 or prior serious felonies).
Penalties – Misdemeanor: Up to 1 year jail, restitution, fines.
Penalties – Felony: 16 months to 3 years prison, substantial fines, restitution.
Common Examples: Buying obviously stolen merchandise from someone on street, pawn shop receiving stolen jewelry, harboring stolen vehicle, possessing stolen electronics.
Key Defenses: Didn’t know property was stolen, reasonable belief property was legitimate, lack of possession, entrapment.
Penal Code 530.5 – Identity Theft
The Charge: Willfully obtaining someone’s personal identifying information and using it for any unlawful purpose.
Classification: Wobbler (misdemeanor or felony).
Penalties – Misdemeanor: Up to 1 year jail, $1,000 fine, restitution.
Penalties – Felony: 16 months to 3 years prison (longer if used to commit other felonies), substantial fines and restitution, consecutive sentences possible.
Common Examples: Using stolen credit cards, opening accounts in another’s name, tax refund fraud, medical identity theft, unemployment fraud.
Key Defenses: Authorization to use information, mistake of fact, false accusation, insufficient evidence linking you to use.
Penal Code 10851 – Vehicle Theft/Joyriding
The Charge: Driving or taking a vehicle without owner’s consent.
Classification: Wobbler (misdemeanor or felony).
Penalties – Misdemeanor: Up to 1 year jail, fines, restitution, license suspension.
Penalties – Felony: 16 months to 3 years prison, fines, restitution, license suspension for 6 months to 1 year.
Important Note: Taking a vehicle with intent to permanently deprive owner is grand theft auto (PC 487). Taking for temporary use is joyriding (PC 10851). Joyriding has lesser penalties.
Key Defenses: Permission to drive vehicle, mistake of ownership, lack of intent to deprive owner, vehicle was abandoned.
Penal Code 475/476 – Check Fraud/Forgery
The Charge: Writing bad checks, forging checks, or altering checks with intent to de
Theft Crime Lawyers Los Angeles
Expert Defense for Shoplifting, Burglary, Grand Theft, Robbery & Embezzlement | Get Charges Reduced or Dismissed
One Mistake Shouldn’t Destroy Your Future – We Fight Theft Charges Every Day
Being arrested for theft crimes in Los Angeles or anywhere in S
Drug Crime Lawyers Los Angeles
Expert Defense for Drug Possession, Sales, and Trafficking | Avoid Prison Through Diversion Programs
Drug Charges Don’t Have to Ruin Your Life – We Know How to Fight and Win
Being arrested for drug charges in Los Angeles or anywhere in California is terrifying. Whether you’re facing simple possession charges or serious drug trafficking allegations, you’re looking at potential jail time, hefty fines, a permanent criminal record, and consequences that follow you for life. Your job may be at risk. Your professional license could be suspended. Your immigration status might be threatened. Your family is worried sick. And the worst part? You may have been in the wrong place at the wrong time, or the drugs weren’t even yours.
Here’s what most people don’t know: California has some of the most progressive drug diversion programs in the nation. At LibertyBell Law Group, our drug crime lawyers in Los Angeles have helped thousands of clients get their drug charges dismissed completely through diversion programs like PC 1000 (Deferred Entry of Judgment), Proposition 36 (Substance Abuse and Crime Prevention Act), Drug Court programs, and mental health diversion. We’ve kept clients out of jail, avoided felony convictions, and helped people maintain their careers, custody of their children, and immigration status.
⚠️ TIME-SENSITIVE OPPORTUNITIES YOU CANNOT MISS!
Drug diversion programs have strict eligibility requirements and narrow windows for enrollment. Missing these opportunities means facing full criminal prosecution with all the devastating consequences. Here’s what you need to know:
- PC 1000 (DEJ): Must request before preliminary hearing (usually 30-60 days after arrest). Once you miss this window, you’re ineligible forever in that case.
- Proposition 36: Must qualify at sentencing or initial probation. Prior violent/serious felonies can disqualify you.
- Drug Court: Limited spots available. Early application increases acceptance chances dramatically.
- Mental Health Diversion: Must be diagnosed and enrolled in treatment quickly, before case progresses too far.
- Pre-Filing Intervention: The absolute best outcome is convincing prosecutors NOT to file charges at all. This only works if we act immediately after arrest.
Don’t gamble with your future. Call LibertyBell Law Group NOW at (855) 529-7761. We’ll evaluate your eligibility for every available program and act immediately to protect your rights.
Understanding California Drug Laws: What You’re Really Facing
California drug laws have undergone massive changes in recent years, particularly with the passage of Proposition 47 in 2014, which reduced many drug possession offenses from felonies to misdemeanors. However, drug sales, trafficking, and possession with intent to sell remain serious felonies carrying lengthy prison sentences. Understanding exactly what you’re charged with and the potential consequences is crucial.
The Major Drug Crimes We Defend
Health & Safety Code 11350 – Possession of Controlled Substance
The Charge: Possession of cocaine, heroin, methamphetamine, MDMA, GHB, ketamine, or other controlled substances for personal use.
Classification: Misdemeanor (thanks to Prop 47) if for personal use and no prior serious felonies.
Penalties: Up to 1 year in county jail, $1,000 fine, probation, mandatory drug treatment.
Diversion Available: PC 1000 (DEJ), Prop 36, Drug Court, Mental Health Diversion.
Key Defense: Challenging possession (drugs not yours), illegal search and seizure, lack of knowledge, rising to the level of usable amount.
Health & Safety Code 11351 – Possession for Sale
The Charge: Possessing controlled substances with intent to sell them, based on quantity, packaging, scales, cash, or other indicia of sales.
Classification: Felony (not reduced by Prop 47).
Penalties: 2-4 years in state prison, $20,000 fine, felony probation, asset forfeiture.
Diversion Available: Limited. Prop 36 may apply if no prior violent felonies and no sales to minors.
Key Defense: Proving drugs were for personal use only, challenging intent to sell, illegal search, entrapment by informants.
Health & Safety Code 11352 – Sale/Transportation of Controlled Substances
The Charge: Selling, furnishing, administering, or transporting controlled substances for sale.
Classification: Felony.
Penalties: 3-5 years in state prison (9 years if transported across county lines), $20,000 fine. Enhanced penalties if sales to minors, sales near schools, or large quantities.
Diversion Available: Generally not available for sales charges unless exceptional circumstances.
Key Defense: Challenging evidence of sale (no actual transaction), entrapment by undercover officers, illegal search, lack of intent to sell.
Health & Safety Code 11379 – Sale of Methamphetamine
The Charge: Selling, furnishing, administering, giving away, or transporting methamphetamine for sale.
Classification: Felony.
Penalties: 2-4 years in state prison, $10,000 fine. Consecutive sentences possible for multiple sales.
Diversion Available: Very limited. Must show extraordinary circumstances.
Key Defense: Challenging CI (confidential informant) testimony, exposing police misconduct, proving personal use quantities, illegal search.
Health & Safety Code 11378 – Possession of Methamphetamine
The Charge: Possession of methamphetamine for personal use.
Classification: Misdemeanor (reduced by Prop 47).
Penalties: Up to 1 year in county jail, $1,000 fine, drug treatment, probation.
Diversion Available: PC 1000, Prop 36, Drug Court highly available.
Key Defense: Illegal search, constructive possession challenges, contamination of testing, rising to usable quantity.
Health & Safety Code 11550 – Under the Influence
The Charge: Being under the influence of controlled substances (not possession, just being high).
Classification: Misdemeanor.
Penalties: Up to 1 year in county jail (typically 90 days to 6 months), drug treatment mandatory, probation.
Diversion Available: PC 1000, Drug Court, outpatient treatment programs.
Key Defense: Challenging officer observations, medical conditions mimicking intoxication, involuntary intoxication, lack of probable cause for detention.
Health & Safety Code 11357 – Possession of Marijuana
The Charge: Possession of marijuana over legal limits (28.5 grams for adults 21+, or any amount if under 21).
Classification: Infraction (adults 21+) or Misdemeanor (under 21).
Penalties: $100 fine (adults), up to 6 months jail and $500 fine (minors), drug counseling for minors.
Diversion Available: Typically not needed for infractions. Minors may get diversion.
Key Defense: Medical marijuana defense (if valid recommendation), illegal search, quantity measurement challenges.
Health & Safety Code 11359 – Possession of Marijuana for Sale
The Charge: Possessing marijuana with intent to sell it illegally (outside licensed dispensary framework).
Classification: Misdemeanor (if 21+), Felony (if prior serious felonies or sales to minors).
Penalties: Up to 6 months jail (misdemeanor), 16 months-3 years prison (felony), fines, probation.
Diversion Available: Possible for misdemeanor version.
Key Defense: Proving personal use, challenging indicia of sales, legal cultivation defense.
Health & Safety Code 11364 – Possession of Drug Paraphernalia
The Charge: Possessing pipes, needles, syringes, or other drug paraphernalia.
Classification: Misdemeanor.
Penalties: Up to 6 months in jail, $1,000 fine, probation.
Diversion Available: Often combined with possession charges in diversion programs.
Key Defense: Lack of drug residue, items not drug paraphernalia, illegal search.
Federal Drug Trafficking (21 USC 841)
The Charge: Manufacturing, distributing, or possessing with intent to distribute controlled substances. Federal charges for large quantities or interstate/international trafficking.
Classification: Federal Felony.
Penalties: 5-40 years federal prison (mandatory minimums based on drug type and quantity), up to life if death results, $5 million+ fines, asset forfeiture.
Diversion Available: No federal diversion programs. Cooperation agreements possible.
Key Defense: Challenging federal jurisdiction, negotiating cooperation agreements, attacking search warrants, challenging confidential informants.
The Life-Changing Consequences of Drug Convictions
Most people focus only on jail time and fines when facing drug charges. But the collateral consequences of drug convictions extend far beyond criminal penalties and can affect every aspect of your life for decades.
Employment Devastation
Drug convictions appear on background checks indefinitely. Most employers reject applicants with drug convictions, particularly for positions requiring trust, security clearances, or professional licenses. Healthcare, education, finance, government, and transportation jobs become nearly impossible to obtain.
Professional License Loss
Doctors, nurses, pharmacists, lawyers, dentists, real estate agents, contractors, and other licensed professionals face disciplinary proceedings. State licensing boards can suspend or permanently revoke professional licenses for drug convictions, ending careers immediately.
Immigration Nightmare
Drug convictions (even simple possession misdemeanors) are deportable offenses for non-citizens. Green card holders can be deported. Visa holders become inadmissible. Naturalization applications are denied. There are very few waivers available for drug convictions.
Education Barriers
Federal student loans and grants (Pell Grants, Stafford Loans) are suspended for drug convictions. Many colleges and universities deny admission to applicants with drug convictions. Scholarship opportunities disappear. Graduate and professional school admissions become extremely difficult.
Housing Denial
Landlords routinely deny rental applications from people with drug convictions. Public housing and Section 8 housing are permanently unavailable for drug felony convictions. Mortgage applications become difficult with criminal records.
Child Custody Loss
Family courts consider drug convictions as evidence of unfitness for custody. Child Protective Services may remove children from homes. Visitation may be restricted to supervised visits. Custody battles are significantly impacted by drug convictions.
Firearm Prohibition
Felony drug convictions result in lifetime prohibition on owning or possessing firearms. Even misdemeanor drug convictions can trigger firearm prohibitions under certain circumstances. Second Amendment rights are permanently lost.
Financial Ruin
Court fines, attorney fees, bail, drug treatment costs, probation fees, and lost wages add up quickly. Many people lose their jobs due to incarceration or probation requirements. Asset forfeiture allows government to seize cash, vehicles, and property connected to drug offenses.
💡 Expert Tip #1: Diversion Programs Can Eliminate All These Consequences
Here’s the incredible power of drug diversion programs: successful completion results in complete dismissal of charges. No conviction. No criminal record. No
