PRACTICE AREAS

PRACTICE AREAS

RECENT NEWS

By michaelfannon 25 Aug, 2017
On August 7, 2017, Governor Brown signed SB 725 which amends Penal Code section 1001.80 regarding veteran’s diversion by adding subdivision (l) to take effect as urgency legislation. Subdivision (l) now states: “Notwithstanding any other law, including Section 23640 of the Vehicle Code, a misdemeanor offense for which a defendant may be placed in a [..] The post New Law: Veterans Now Eligible for DUI Diversion appeared first on Ryan Birss, Attorney at Law.
By michaelfannon 26 Jul, 2017
My friend Douglas Fienberg from the Fresno County Public Defender’s Office has been carefully tracking the proposed rules for Proposition 57.  You can see the proposed rules here: http://www.cdcr.ca.gov/proposition57/docs/Prop-57-Public-Comment-Regs.pdf. Here is the latest from Mr. Fienberg: There are at least four problems with the proposed regulations. First, the proposed regulations exclude people subject to indeterminate [..] The post Proposition 57 Update appeared first on Ryan Birss, Attorney at Law.
By michaelfannon 21 Nov, 2016
On November 8, 2016, California voters approved Proposition 57, also known as the California Parole for Non-Violent Criminals and Juvenile Court Trial Requirements Initiative. Here’s a brief look at what Proposition 57 means to California and its citizens. New parole opportunities for those convicted of non-violent felonies. Proposition 57 changes the time calculation for parole [..] The post California Proposition 57: What You Need to Know appeared first on Ryan Birss, Attorney at Law.

Practice Areas

If you’ve been accused of drunk driving, you need an experienced defense attorney who will fight for your freedom. While DUI charges can happen easily — from an after work happy hour, a weekend party, or a trip to a ball game — they do not go away easily. A DUI conviction can follow you [..]

Domestic violence is assault, battery, and related actions against a family member, significant other, or cohabitant. While domestic violence charges and sentences are legally similar to the underlying crimes, there are often additional penalties. Judges generally give much harsher treatment to people accused of domestic violence and may give closer to the maximum sentence. In [..]

California divides theft into two categories: petty theft and grand theft. There are also special related charged such as mail theft, auto theft, burglary, and receiving stolen property. The severity of the charge and potential penalty depends primarily on the amount stolen. Generally, thefts under $950 in value are considered misdemeanors, and anything over that [..]

Sex crimes include rape, statutory rape, lewd conduct, prostitution, and sexual battery. In addition to possible felony charges and imprisonment, those convicted of sex crimes face sex offender registration. Depending on the severity of the crime, the registration period may range from several years to life. Registered sex offenders are restricted in where they can [..]

Weapons crimes covers a broad range of crimes including assaults and robberies with a weapon, concealed carry violations, felon with a firearm, and school zone violations. Weapons crimes come with incredibly harsh sentences especially when a gun is involved. Under 10-20-Life, using a gun during a crime means that an additional 10 years to life [..]

Violent crimes include assault, assault with a deadly weapon, battery, robbery, and other violent acts against a person. Because they involve injury to or the intent to injure a person, violent crimes may carry felony charges with years of imprisonment. Employers and apartments also view people with violent crime records as safety risks and may [..]

California has approved the medical use of marijuana, but still tightly regulates the industry. If a patient or dispensary does not strictly comply with the regulations, they may face criminal drug charges. Depending on the circumstances, those could include possession or distribution. To comply with the law, a patient must have a medical need and [..]

Drug charges range from simple possession to major drug trafficking conspiracies. All but the smallest possession charges carry the risk of stiff jail or prison sentences. In addition, you may face disqualification from employment as employers view drug convictions as a sign of substance abuse. Property managers also deny people with drug convictions over fears [..]

California has a very harsh three-strikes law. If you are convicted of a third qualifying crime, you could be sentenced to 25 years to life in prison. In addition, even a second qualifying crime could lead to double the typical sentence. Unlike in the past, not all felonies are considered strikes. Only serious or violent [..]

California prosecutors often charge vehicular homicide when someone is killed in an accident. There are two primary grounds for this charge. First, they may allege that the driver was under the influence of alcohol or drugs. Second, they may allege that the driver acted with negligence or gross negligence. Vehicular manslaughter while intoxicated generally requires [..]

Manslaughter is the killing of another person either intentionally or by engaging in a highly risky activity. It is a step below a murder charge’s requirement that you set out with an intent to kill or wantonly disregarded human life. Manslaughter is a felony punishable by up to 11 years in prison. To prove a [..]

Fraud is an allegation of theft by deception. It can include a business executive who lied to stock buyers or a fake online seller who never intended to deliver the product. The key to a fraud case is that someone allegedly convinced someone to give them something with a lie. Because fraud is based on [..]

Embezzlement is a special kind of theft charge where a person is alleged to have stolen property they were trusted with caring for. This charge is usually brought against employees such as bookkeepers or medical caregivers. If you’re convicted of embezzlement, you will be barred from many forms of employment. It may result in a [..]

California gives you the right to use force, including deadly force, to protect yourself from harm. If you lawfully acted in self defense, you cannot be convicted of a crime. For self defense to apply, you must have acted reasonably for the circumstances. This includes a fear of injury or death, a belief that force [..]

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