Ask a California Criminal Defense Attorney: What Are My Defense Options for a Charge of Burglary?

Ask a California Criminal Defense Attorney: What Are My Defense Options for a Charge of Burglary?

Burglar Stealing Items From Bedroom During Hose Break InNo matter what you’ve been charged with, any criminal charges should prompt you to contact a criminal defense attorney. In the case of burglary charges, Law Offices of Torrence L. Howell is the right firm to call. With years of experience, a unique perspective, and an aggressive style, we are here to help ensure your rights are protected. Read on to learn more about your defense options for charges of burglary and then reach out to us at 909-920-0908 for a consultation.

Burglary is not the same as theft

It’s common for people to confuse burglary and theft. The reality is that burglary doesn’t even have to include stealing anything. It’s actually simply entering a room, locked vehicle, or structure with the intention of committing a crime. For example, if you went into a department store and intended to hit one of the employees, then you’d be committing burglary.

That said, burglary does often involve stealing, which is why the terms theft and burglary are so often confused. It’s also important to note that forced entry isn’t necessarily a part of burglary – though the intent to commit a crime is. If you went into a location and decided to steal something after you were inside, then it’s theft but not burglary, as prior intent is a necessary part of burglary.

Potential consequences of a burglary conviction

A burglary conviction can result in as long as six years in prison. It all depends on whether it is charged as a first-degree or second-degree burglary. First degree involves a home or living structure and is a felony. It can be counted as a strike under California’s Three Strikes Law. Second-degree burglary involves businesses or other non-residential structures. This is a wobbler offense, which means it can be charged as a felony or a misdemeanor.

Potential legal defenses for charges of burglary

There are a number of defense options, the right one of which will depend on your unique situation. The first avenue we’ll consider is proving that you have been misidentified. This may be because you weren’t present at the location at all, or that you were there but not involved. Next, we may argue that while you did commit the crime, you had no intent when you entered the building, which would mean you hadn’t committed burglary. Finally, we may work to show that you only took things that belonged to your or that you believed you had a right to take.

In the event there is a lot of compelling evidence against you, we may recommend a plea deal. If that’s the case, then we’ll negotiate aggressively to get you the best possible outcome for your case. We may be able to have the charges reduced or the sentence reduced. If you’re charged with multiple crimes then we may negotiate a deal in which you plead guilty to one and others are dropped. To find out more about your unique options, contact Law Offices of Torrence L. Howell at 909-920-0908 today.

Juvenile Crimes and Convictions Can Have Long-Term Consequences

Juvenile Crimes and Convictions Can Have Long-Term Consequences

Boy (8-9) crawling into bushes in dark yard at night, side view, low sectionIf your child has been charged with any type of juvenile crime in the state of California then you need a juvenile crime defense lawyer. Being accused, arrested, and tried is hard for anyone but this is even truer for a child. As a parent, you can go through emotional turmoil yourself. The best way to combat this is to ensure you have qualified legal help on your side.

There are two main types of juvenile crime

When it comes to California juvenile crimes, there are two main categories: Status offenses and delinquency crimes. A status offense is any crime a juvenile is charged with that wouldn’t have been a crime if they hadn’t been a juvenile while they were arrested or it. For example, drinking underage, truancy, and curfew violations are all examples.

The second main category is delinquency offenses. These are offenses that are crimes regardless of how old the accused is. Generally speaking, whether a child is charged with a status offense or a delinquency crime, their case will be heard by a judge rather than a jury. There are exceptions, namely those that involve the child being charged as an adult.

Potential consequences for a juvenile crime conviction

There are many types and severities of sentences that can be handed down to a juvenile convicted of a crime. These include serving information probation, performing community service, paying a fine, or going to juvenile hall or prison. The fact that they’ll have a criminal record is less of a concern than it is for an adult because most juvenile crimes are expunged.

Defense options for juvenile crimes

Of course, the best way to respond to and defend a child against a juvenile crime is to first consider the case and then find a personalized defense plan. In most cases, your attorney will begin by working to establish that there’s a reasonable doubt about the guilt of your child so that your child won’t be found guilty. We may also work to show that your child did commit the offense but that they didn’t do so under their own free wheel. In the event your child is charged with something like truancy or curfew violations, we may work to show that there were extenuating circumstances.

Call us today for help with your child’s juvenile crime case

Law Offices of Torrence L. Howell has worked as a criminal defense lawyer for many years. He’s seen kids act out as a result to family situations, he’s seen kids make honest mistakes, and he’s seen kids bow down to peer pressure. The goal is twofold: To find the best possible outcome for your child and to get through this process as efficiently as possible so that your child can move on with their life.

If you’re in the unenviable position of facing a juvenile charge then we encourage you to contact Law Offices of Torrence L. Howell at 909-920-0908 today. We are here to help you understand the numerous options in front of you and the best way forward.

The Potential Consequences for a Forgery Conviction Are Serious: Talk to an Attorney

The Potential Consequences for a Forgery Conviction Are Serious: Talk to an Attorney

Set of autographs on paperIf you’ve been accused of forgery, it may seem as though the evidence against you is significant. It may seem as though the best option is to simply plead guilty. The truth is that no matter how bad the situation seems, there is always hope. Working with a criminal defense attorney could result in significantly reduced penalties or no conviction at all. Give yourself a chance by calling Law Offices of Torrence L. Howell at 909-920-0908 for a free consultation.

What exactly is forgery?

According to state law, forgery refers to knowingly signing another person’s signature or using their handwriting with the intent to commit fraud. Additionally, falsifying a document that relates to property or money, with the intent to commit fraud, can also legally be considered forgery.

For example, stealing checks and forging a signature, adding a page to someone else’s will, or writing out a fake medical prescription are all examples of forgery. Note that the intend to commit fraud is necessary for the prosecution to have a case. It’s not a crime to fake a signature unless you have the intent to defraud someone with it.

This is why you can sign for your friend’s credit card if they say you can, but if you stole a credit card and signed for it, it would be a crime. In some cases, as in that example, the difference is cut and dry. In other instances, the nuances can be confusing. This is why you need an experienced attorney to help you fight forgery charges.

You could be facing serious consequences

The prosecution has some discretion to charge forgery as either a misdemeanor or felony. The choice they may is typically based on the seriousness of the crime and your criminal history. If you’re convicted of a misdemeanor, then you could be look at up to a year in jail and fines of as much as $1,000. On the other hand, a felony conviction can come with up to three years in state prison and fines of up to $10,000.

You do have defense options

When you work with Law Offices of Torrence L. Howell, we can come up with the best defense strategy for your individual case. For example, it may involve working with handwriting experts or other expert witnesses who can show that you didn’t forget the documents in question. In the event that you did forget the document, then we can show that you didn’t’ do so with the intent to commit fraud. If we can prove that you didn’t have intent, then the prosecution can’t prove forgery.

In the event that there is evidence that you both forged the document and that you did so with the intent to defraud someone, then we may work to find the best possible plea deal with the prosecution. We have years of experience as negotiators and you can count on us to work diligently toward the best possible outcome for you. Call us at 909-920-0908 today for a free legal consultation.

Don’t Take Your Chances with a Charge of Stalking in California

Don’t Take Your Chances with a Charge of Stalking in California

Businesswoman holding umbrella behind the word stalkingWhile most states take stalking seriously, no state takes it as seriously as California. As a result, a charge of stalking in California is not a charge that can be taken lightly. According to state law, stalking involves following, threatening, or harassing a person until they feel threatened for their safety or the safety of a loved one. Stalking can take place in person, on the phone, or even online.

While the laws are in place to protect potential victims of stalking, the unfortunate reality is that people sometimes falsely accuse others of stalking for a variety of reasons. Whether they’re trying to get back at someone, make their former spouse seem incapable of handling their parental duties, or trying to get a leg up professionally, if you’ve been accused of stalking you can trust Law Offices of Torrence L. Howell to take your side of the story seriously.

Potential consequences of being convicted of stalking

If you’re convicted of stalking in the state of California, your punishment could include probation or a year in jail if it’s charged as a misdemeanor. On the other hand, if it’s charged as a felony then you could be spending between 16 months and five years in prison. If the prosecutor determines that the alleged victim was also assaulted or injured during the commission of the stalking, then there may be even more prison time applied.

Whether or not the prosecution decides to charge you with a misdemeanor or a felony depends on a variety of factors. Sometimes it’s automatically a felony, such as if you were violating a court-issued restraining order. If you have a prior conviction for stalking, then it will be automatically be charged as a felony as well. If you have other criminal convictions on your record then it’s more likely you’ll be charged with a felony than with a misdemeanor, but it won’t be automatic. Sometimes, whether you’re convicted of a misdemeanor or felony, you may be required to attend counseling.

There are defense options for a charge of stalking

While no one wants to be charged with stalking, the good news is that there is hope for you. When you work with Law Offices of Torrence L. Howell, you can count on us coming into the situation believing that you’re innocent until proven guilty. The reality is that stalking accusations are sometimes false. Sometimes the person accusing a person of stalking is trying to get something from them. We will consider this possibility and may choose to pursue it as a defense option.

We may also consider the alleged threats that took place during what the prosecution considers stalking and show that those threats either weren’t credible or they were covered by free speech. If there is a wealth of evidence against you, then the best course of action may be for us to negotiate with the prosecution to get the best possible plea deal you can. To learn more about your options and get started defending yourself, reach out to Law Offices of Torrence L. Howell at 909-920-0908 today.

Let an Elder Abuse Attorney Help You Fight Your Charge

Let an Elder Abuse Attorney Help You Fight Your Charge

Lawyers in a Law LibraryAccording to the penal code of California, elder abuse is willfully physically abuse, neglecting, emotionally abusing, endangering, or financially exploiting a person who’s older than 65 years old. People charged with caring for the elderly are the most likely to be accused of elder abuse, such as people who work in nursing homes or family members of the alleged victims.

Unfortunately, false allegations of elder abuse are all too common, thanks in part to the fact that senior citizens often have foggy memories. In other instances, they may have a desire to punish the person taking care of them. This can be especially prevalent in families where the relationship between the care giver and the elderly is complicated.

If you’ve found yourself accused of elder abuse then the first thing you need to do is to contact an attorney who has experience with these types of legal battles. Read on to learn more about how an attorney can help you and then reach out to Law Offices of Torrence L. Howell at 909-920-0908 for a free case evaluation.

The potential consequences of a conviction can be significant

If you’re convicted of elder abuse, you could be facing a prison sentence and many thousands of dollars in fines. The potential sentence will vary based on whether you’re charged with a felony or a conviction. Your criminal history, as well as the specifics of the alleged crime, will dictate what you’re charged with. In most instances, a felony is charged in the event that the alleged abuse was likely to cause significant injury or death.

When elder abuse involves fraud or other financial exploitation such as forgery, there may be additional charges and / or penalties.

Defense options for a charge of elder abuse

While our exact plan will vary based on your case, in many instances we’ll start by having an expert look at the evidence of injury. It’s often the case that the injuries are more consistent with an accident than with being hurt intentionally. If that’s the case, then we may argue that there was no abuse and that the injuries are simply the result of an accident.

In the event that the injury was inflicted by the accused, we may still be able to argue that the injury was still accidental and that no deliberate harm was committed. In the case of neglect, we can show that it was caused by simply being careless – not by criminal negligence. Finally, we may work with experts and witnesses to determine if the alleged victim is simply senile or otherwise not in a position to provide the type of information that the prosecution is using to charge the case.

Of course, sometimes there is a wealth of evidence. If that’s the case, then we can work to find the best possible plea deal with the prosecutor. This may include having a felony reduced to a misdemeanor, or another advantageous option. The bottom line is that when you work with Law Offices of Torrence L. Howell, you can count on us working toward the best possible outcome. Call us today at 909-920-0908 to get started with a free case evaluation.