Early in 2023, the Federal Reserve Bank of San Francisco revealed that approximately 51% of all retail transactions are via credit and debit card payments. This creates opportunities for criminals to engage in many credit card fraud types.
Drill down further and you’ll see that 65% of credit card holders have been victims of card fraud and about 44% have been victims of multiple fraudulent charges.
Unfortunately, many people don’t report incidents of fraud to law enforcement. It takes charges in the region of $400 for people to report fraudulent activity.
Understanding Credit Card Fraud
Credit card fraud is a state and federal crime whose victims can be individuals, groups, and businesses. For example, a small business can be ruined by financial losses when fraudsters use fake credit cards to purchase products in bulk.
It’s important to understand what credit card fraud is, how it works, and how card security can prevent you from becoming a victim of credit card theft.
Types of Credit Card Fraud: A Comprehensive Insight
Credit card fraud can be opportunistic, such as when someone swipes the card from an open purse. Fraudsters can use sophisticated technology, such as high-tech skimming devices to steal information and create counterfeit cards.
Another common method is to create legitimate-looking emails and messages to dupe victims into providing account passwords.
Six common types of credit cards frauds include:
Skimming
Credit card skimming fraud occurs when criminals install card skimming devices at ATMs, handheld payment machines, gas pumps, etc. The devices steal your card’s information on the magnetic strip, which fraudsters then use for online transactions or to create a counterfeit card.
Phishing
Phishing is one of the oldest methods of credit fraud with the infamous “inheritance” email. You’re informed that a rich uncle has died and left you money in his will. You must provide your bank details for them to make the deposit.
Modern phishing scams are harder to identify. For example, fake bank emails are so good that many people don’t think twice about clicking links in the body of the email. The links take them to legitimate-looking websites where they enter personal details.
Fraudsters use the information for many transactions, including siphoning off money from your bank account into theirs.
Counterfeit Cards
Credit card details are stolen and used to create counterfeit cards. Information is obtained via skimming or when someone takes your card away to process a transaction and copies the number which is used for fraudulent purchases.
The cards are usually used for a few fraudulent transactions before they’re abandoned. This makes it virtually impossible to trace the fraudster.
Identity Theft
Credit card fraud usually involves forms of identity theft. The aim is to capture personal information which criminals use as if they were you.
Fraud doesn’t stop at purchases and other financial transactions. Your personal details are also used to open credit card accounts and apply for loans.
Chargeback Fraud
Chargeback fraud or friendly fraud occurs when consumers dispute credit transactions with their bank rather than the retailer. The transaction is legitimate but they want a refund. They base their claim on defective products, failure to deliver, unauthorized charges, or a canceled order that was charged.
Fake Cards
After scammers obtain your card information, they transfer it to a blank card that has been made to look exactly like the real thing, with the correct printing and embossing. They add a magnetized strip and a brand-new fake card is generated.
Prevention Measures: Tips to Protect Against Credit Card Fraud
You may not be able to completely eliminate the risk of credit card fraud, but there are preventative measures you can take to reduce the chances of becoming a victim. For example, don’t share personal and/or financial information with anyone online, unless you are 100% sure that they’re legitimate.
Four more preventative measures include:
Monitor Your Accounts on a Regular Basis
One of the things that make credit card scams so damaging is that it often goes undetected for a long time. You can minimize damage by checking your credit card statements regularly. Secure banking apps make this easy to do.
Check Your Credit Report and Score Often
Three major consumer reporting companies keep track of your credit score: Equifax, Experian, and TransUnion. You are entitled to one free report from each per year. It’s a good idea to stagger requests to view your credit report; for example, every four months.
You can check your credit rating more often, but you will have to pay a fee of not more than $14.50. There are also free online tools available.
Keeping track of your credit score enables you to spot anomalies, which you can immediately report and investigate. The sooner you take action to limit the damage the better.
Be Aware of Unusual Activity on Your Statements
You should know what your usual financial transactions are a month. For example, life insurance comes off on the same date every month. You also know which unusual expenses are yours, for example, a vet bill.
So you’ll notice any suspicious activity on your bank statement. Notify your bank immediately to track the transaction.
It’s a good idea to set up account alerts whenever your card is used to make purchases over a certain amount. The alert tells you what to do if you’re not the one transacting so you can take immediate action.
Use Secure Wi-Fi for Online Purchases
It might be convenient to use the free WiFi at a coffee shop, but public connections aren’t protected. They’re perfect for scammers and fraudsters looking for easy targets. Use the WiFi by all means, but don’t purchase anything, and definitely don’t do any banking.
Sensitive transactions are best done on a secure connection at work or home. Just ensure that your WiFi at home is properly protected with a difficult password.
What You Should Do if You are Accused of Credit Card Fraud?
Regardless of whether you committed fraud or not, being accused of credit or debit card fraud can have serious consequences for your financial and employment future. You should never try to dispute the allegations on your own.
Credit card fraud laws are complex and best navigated by a skilled lawyer who specializes in different types of credit card fraud. Your attorney will determine which defense to use and how best to present evidence.
Fraud defense attorneys are skilled negotiators who can weave a compelling case to support your cause. As a result, the case might be dismissed or you could get a favorable plea bargain.
Let LibertyBell Law Group’s Fraud Defense Lawyer Protect Your Rights
We employ a trusted team of fraud attorneys who can present a solid defense to dispute allegations of fraudulent behavior.
The defense comprises an assessment of your case, an investigation to gather evidence in your favor, determine the strengths and weaknesses of the case, and determine the best course of action.
For a free consultation with one of our experts in credit card fraud types, complete the form on our site or contact us at 877-545-3127 at LibertyBell Law Group.
Gina Tennen
Founder
At A Glance
- Expert legal strategist.
- Experienced in both prosecution and defense.
- Relentless fighter for her clients with results to prove it.
- Received the National Top 100 Trial Lawyers Award
- Featured in Time Magazine’s “Leaders of Criminal Defense“ in the 100 Most Influential People edition.
Executive Managing Attorney Gina Tennen is a renowned leading advocate of personal liberties. Her meticulous trial preparation and exceptional ability to pursue every possible defense has earned her the admiration of clients and respect from prosecutors, judges, and other criminal attorneys all over the nation.
Lawyer Tennen began her career as a Senior Law Clerk for one of the toughest District Attorney’s offices in the country where she gained remarkable experience in juvenile crimes, elder abuse, parole hearings, child abuse, sex and other serious crimes. Her experience at the District Attorney’s Office armed her knowledge and case strategy in exploiting the other side’s weaknesses for the client’s advantage and building a rock solid defense. Criminal attorney Tennen’s experience on both sides and brilliant maneuvering throughout is evidenced in her winning track record. In fact, even before earning her law degree, she was instrumental in getting excellent results on several criminal cases outshining her peers.
A consummate strategist and top criminal attorney, lawyer Tennen works tirelessly on many high profile criminal cases. She is known as a relentless fighter who never gives up on any case. Whether the case is hers or handled by another criminal defense attorney from LibertyBell Law Group, no matter how small the case may seem she asserts that every client deserves the right to the best legal representation.
It is her deep belief and what she has built her entire career and lifelong dedication to that there is always hope for every client and every avenue should be pursued regardless of the time and energy it takes. For criminal attorney, Gina Tennen, devoting the finest criminal defense for clients is a habit and talent that you must apply and do all the time.
You demand the best defense. Take hold of your life and speak to our defense attorneys by calling(818) 267-8264 now.
Founder Gina Tennen and all the sex offender attorneys at LibertyBell Law Group uphold that when the bell rings, it rings for life and liberty for all.
REQUEST A FREE CONSULTATION
A statute of limitations (SOL) is the time limit plaintiffs have to file a civil lawsuit or press criminal charges. When the period is over, plaintiffs can’t seek legal redress for alleged damages. The California statute of limitations for fraud is three years.
In California, the fraud statute of limitations begins when the fraud is discovered and not at the time of injury. For example, fraud was committed five years ago, but due to the discovery rule, the statute starts when the plaintiff uncovers the fraud.
What You Need to Know About Fraud
Fraud can be defined as intentional deception to obtain an asset or reach a goal at the victim’s expense. Fraud can be committed by an individual, group of individuals, or business entities.
The alleged fraudulent behavior must meet five criteria:
- There must be a false statement that contains a material fact
- The accused must know the statement is false
- The false statement’s purpose is to deceive
- The victim relies on false information
- The victim suffers financial injury
Many types of fraud can be considered criminal offenses, civil actions, or both. To win a civil action, the fraud must have caused loss or injury. Criminal charges require only intent.
If you’re not sure that the charges brought against you meet the criteria, talk to a lawyer about the Californian elements of fraud and how they apply to your case.
An Insight into the California Statute of Limitations for Fraud
California’s statutes of limitations for fraud use the discovery law. Typically, statutes of limitations can start from the date the crime was committed. However, fraud isn’t easy to detect and often only becomes evident after three years have passed.
The discovery rule gives plaintiffs time to gather evidence, determine if the crime is civil or criminal, and find the fraudster, who might have disappeared.
For example, a doctor who committed medical insurance fraud for three years may have moved across the country to continue fraudulent behavior in another state.
What are the Different Types of Fraud?
Fraud can be divided into criminal and civil offenses. Civil fraud occurs when facts are intentionally misrepresented to give the fraudster a financial or another benefit. Criminal fraud includes theft.
Many different types of fraud can be charged as either civil or criminal crimes. The most common types of fraud include the following:
Identity Theft
Identity theft occurs when someone obtains personal and financial information to impersonate the victim and commit fraud. For example, by making unauthorized transactions online.
Types of ID fraud include:
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Victims often don’t know their identities have been stolen until they get unexplained bills. Their credit score takes a hit and, even though they were the victims, it can take years for their credit scores to recover.
Insurance Fraud
Insurance fraud includes the intentional falsification of information on claims to get a benefit to which the perpetrator is not entitled. It can also happen the other way around when an insurer intentionally denies a benefit to which a claimant is entitled.
Fraudulent claims include:
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Tax Evasion or Fraud
Tax fraud occurs when false information is intentionally supplied to pay less tax than is due. Common tax fraud methods include exaggerating expenses and claiming to live in one state for its tax benefits when living in another.
Potential penalties for tax fraud include a fine of up to $250,000 or three years in prison or both.
Tax evasion occurs when people don’t pay the full amount due. It includes concealing income; for example, not reporting cash income and claiming fake deductions. Potential penalties for tax evasion are the same as tax fraud.
Talk to an attorney about the allegations and determine if the statute of limitations for fraud in California will affect charges.
Bankruptcy Fraud
Filing for bankruptcy requires the disclosure of assets that are used to settle outstanding debts. However, some people hide their assets by giving them to friends temporarily.
The critical element of bankruptcy fraud is intent. You must intentionally deceive to protect assets and reduce the pool of resources used to pay your creditors.
Credit Card Fraud
Credit card fraud occurs with or without physical possession of the card. In the first instance, fraudsters steal or use lost credit cards for transactions. In the second instance, fraudsters use card or account details for transactions.
A lot of modern credit card fraud occurs online because fraudsters just enter accounts or card details at online stores to rack up debt.
Other types of credit card fraud include:
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Securities and Investment Fraud
Securities and investment fraud include high-yield investment fraud, Ponzi schemes, and broker embezzlement. Fraudsters misrepresent, falsify, and withhold essential information that affects the outcome of financial investments.
What are the Penalties for Committing Fraud in California?
In California, fraud is a white-collar crime that includes civil and criminal offenses like misdemeanor or felony offenses. Penalties include fines and/or prison sentences. The type of fraud and the value of damage determine the penalties.
For example, if damages from insurance fraud are up to $950, the crime is a misdemeanor. If the value is over $950 it’s considered a wobbler offense and can be a misdemeanor or felony.
Criminal Penalties
Criminal penalties include fines of up to $250,000 for misdemeanors and prison sentences that start at 16 months and can go up to 10 years or more for felonies.
Civil Penalties
Civil penalties are typically fines that range from $10,000 to $250,000 or more. They include restitution to the victim.
Reasons You Need to Hire a Fraud Defense Lawyer When Facing Legal Accusations
Civil fraud might be considered the lesser of two evils, but proven wrongdoing can have the same impact as a guilty verdict in criminal proceedings.
You need a fraud defense lawyer well-versed in all aspects of fraudulent offenses punishable by fines or prison, as well as the statute of fraud in California.
Expertise in Fraud Law
Fraud is governed by specific laws. You want an attorney who specializes in fraud and has a proven track record of success so you know that your future is in good hands.
Protect Your Rights
Being a fraud law specialist means that your attorney knows precisely what your rights are and protect them from prosecutors who’ll do anything for a conviction.
Avoid Costly Mistakes
Experts in fraud know the civil and criminal proceedings intimately. They know the pitfalls, potential traps, loopholes, and shortcuts that save you time and money.
Build a Strong Defense
Bearing the California statutes of fraud in mind and with all the information and evidence in the case before them, skilled attorneys work with you to create an unshakeable defense.
Negotiation and Plea Bargain
Expert fraud lawyers aim to avoid civil and criminal action altogether. If proceedings are unavoidable, they negotiate favorable plea bargains to limit penalties.
Hire a Trusted Fraud Defense Lawyer in California from LibertyBell Law Group
At LibertyBell Law Group, we have expert fraud attorneys you want in your corner when you’ve been accused of a fraudulent crime. The extended nature of the statute of limitations in California fraud cases isn’t a problem at all when you’ve got a team working on your defense.
Take advantage of our 24/7 service and book a free consultation, complete the form on our site and we’ll get back to you!
Gina Tennen
Founder
At A Glance
- Expert legal strategist.
- Experienced in both prosecution and defense.
- Relentless fighter for her clients with results to prove it.
- Received the National Top 100 Trial Lawyers Award
- Featured in Time Magazine’s “Leaders of Criminal Defense“ in the 100 Most Influential People edition.
Executive Managing Attorney Gina Tennen is a renowned leading advocate of personal liberties. Her meticulous trial preparation and exceptional ability to pursue every possible defense has earned her the admiration of clients and respect from prosecutors, judges, and other criminal attorneys all over the nation.
Lawyer Tennen began her career as a Senior Law Clerk for one of the toughest District Attorney’s offices in the country where she gained remarkable experience in juvenile crimes, elder abuse, parole hearings, child abuse, sex and other serious crimes. Her experience at the District Attorney’s Office armed her knowledge and case strategy in exploiting the other side’s weaknesses for the client’s advantage and building a rock solid defense. Criminal attorney Tennen’s experience on both sides and brilliant maneuvering throughout is evidenced in her winning track record. In fact, even before earning her law degree, she was instrumental in getting excellent results on several criminal cases outshining her peers.
A consummate strategist and top criminal attorney, lawyer Tennen works tirelessly on many high profile criminal cases. She is known as a relentless fighter who never gives up on any case. Whether the case is hers or handled by another criminal defense attorney from LibertyBell Law Group, no matter how small the case may seem she asserts that every client deserves the right to the best legal representation.
It is her deep belief and what she has built her entire career and lifelong dedication to that there is always hope for every client and every avenue should be pursued regardless of the time and energy it takes. For criminal attorney, Gina Tennen, devoting the finest criminal defense for clients is a habit and talent that you must apply and do all the time.
You demand the best defense. Take hold of your life and speak to our defense attorneys by calling(818) 267-8264 now.
Founder Gina Tennen and all the sex offender attorneys at LibertyBell Law Group uphold that when the bell rings, it rings for life and liberty for all.
REQUEST A FREE CONSULTATION
Courts in California take violence seriously, so it’s a good idea to hire a violent crimes defense lawyer in California if you are facing charges.
Assault and battery are two common crimes, but not many people know their specific definitions. These can occur independently of each other, but they often go to trial together.
In this article, we’ll go over common examples of assault and battery to help differentiate these two types of crimes.
Assault and Battery
Under California law, these two offenses are separate crimes. However, they often go hand-in-hand and are both considered violent crimes.
Assault can be differentiated because it’s mostly about the threat of violence. Assault with a deadly weapon, for example, often comes up in robbery cases. Even if the weapon was not used, it often results in harsher criminal charges, while aggravated assault can lead to a penalty of up to a year in jail.
Battery, on the other hand, takes place when physical contact is achieved. It can result in bodily injury, but it doesn’t always. Sexual battery, for example, is a form of crime that includes unwanted sexual touching and may not result in violent injury but still carries severe penalties.
Common Examples of Assault and Battery Charges
There are a few common examples of assault and battery that are often used to help people understand the difference.
Assault covers any action that would cause a reasonable person to fear for their safety. It doesn’t need to result in a physical injury, but it is any action that could result in an injury to the victim.
Spitting is often used as an example of battery because it causes no bodily harm, yet it’s easy to understand how it is still a form of offensive touching.
Simple Assault
Simple assault is an attempt at harming someone that fails. If it succeeded, there would be a battery element as well.
However, a simple assault includes only the threat. Trying to punch someone or throw something at someone is a form of assault, as long as the attacker is within throwing distance and it is a physical possibility that it could have caused physical harm.
Wobbler Assaults
Assaults that are more serious may be considered wobblers because they’re on the line between misdemeanors and felonies.
If the assault involves a peace officer, such as a firefighter, security guard, law enforcement officer, or animal control, then it’s likely to be considered a felony.
The defendant’s criminal history will also inform how a wobbler case is treated. A good defense strategy can go a long way if you are facing charges of this type.
Simple Battery
Simple battery includes all the most straightforward examples of battery. Any actual contact, such as striking someone or throwing something at them, is a battery.
Throwing bodily substances of any kind is also considered battery because of the unwanted and harmful nature of the act. Offensive contact of any kind falls into this category!
Domestic violence is a form of battery with harsher penalties and if done against a public officer, this carries steep penalties.
Wobbler Battery
Wobbler battery offenses can be charged as misdemeanors or felonies, depending on how serious they are.
Generally, wobbler cases involve professionals. That includes medical technicians, any school employee, traffic officer, healthcare workers, and other people performing their duties.
If a simple battery act is being charged as a felony, the court may instead charge it as a misdemeanor offense in court. An experienced battery attorney can help you with legal defenses and significantly reduce the potential penalties you face.
Penalties for Assault in California
Assault may not involve physical harm, but it can still lead to jail time.
- For simple assault, a person can spend up to six months in jail, be fined up to $1,000, and spend six months on probation.
- However, wobbler assaults or assaults involving a public worker can entail up to three years in jail, a fine of $2,000, and up to three years of probation.
The specifics depend on whether the defendant faces misdemeanor charges or felony charges.
Penalties for Battery in California
Battery is a wobbler offense, which means it can be charged either as a misdemeanor or as a felony, depending on the severity of the crime. For a simple battery charge, one may face up to six months in the county jail, fines of $1000, and up to six months of probation.
Battery crimes against law enforcement or animal control officers will result in longer potential jail time.
If it becomes a felony charge, it may result in state prison time rather than time in the county jail. In that situation, prison time ranges from 16 months to three years, with probation of up to three years.
The standard fine is up to $2,000, but it can reach $5,000 if the victim happens to be a juror or $10,000 if the victim either travels via public transport or works on public transport.
Battery against a law enforcement officer carries the same jail time as other felony charges and a fine of up to $10,000.
Are You Facing Assault or Battery Charges? LibertyBell Law Group Can Help!
Hiring a violent crimes defense lawyer in California can turn your case around and help you push back against accusations. Our legal team has served Southern California for many years, and we have developed winning legal strategies for our clients.
We offer free consultations so you can learn more about your legal options and how to move forward. If you are interested in personalized legal advice, contact us at 877-545-3559 at LibertyBell Law Group today!
Being accused of assault and battery can be stressful and costly. If you are facing these accusations, the best thing you can do is remain silent in public and hire a violent crimes defense lawyer in California.
Although the media promotes the idea that only guilty people hire lawyers, the truth is anyone facing serious legal concerns should get representation as soon as possible to avoid making the situation worse.
What are Assault and Battery Charges?
Assault and battery charges are crimes of violence. While you hear the two crimes together most of the time, they are, in fact, two distinct crimes. It’s important to learn the difference, especially if you are facing charges.
Assault is any credible threat of violence, including anything from trying to hit someone to brandishing a gun. It doesn’t have to include actual physical violence but instead must put a person in fear.
Battery, on the other hand, happens when someone follows through on their threat. Even the lightest touch can count as a battery if it occurs in the context of an altercation. However, causing serious injury is treated more seriously and will result in harsher penalties.
An alleged offense may be treated either as a misdemeanor or a felony, depending on how serious it is. Either way, it requires attention from an experienced defense attorney.
What is Assault?
Assault is a form of violent threat used to cause reasonable fear and intimidation in another person, and the act may or may not come to pass. When it comes to the definition of assault, the essential aspect is the threat itself.
Assault requires that a person either made a credible threat or acted in an intentionally dangerous manner. The intent to threaten or cause harm is an essential part of how assault is defined—it isn’t possible to commit one by accident.
There are different forms of assault with varying severity, including assault with a deadly weapon, which may result in a fine of up to $10,000, up to four years in prison, or both.
Simple assault includes just the threat of violence, such as throwing an object at someone or trying to hit them and not succeeding. This type of assault doesn’t feature any actual battery.
What is Battery?
Battery includes any form of illegal physical contact. Unlike assault, this type of crime is committed when there is actual physical harm caused. Assault includes the threat, while battery includes the action and offensive contact.
This is generally considered an offense associated with the assault. It includes minor injuries like bruises and scratches rather than more serious injuries, which entail grievous bodily harm—this includes broken bones and lasting injuries to the body.
Simple battery includes straightforward cases where someone punches someone or uses a small object to hit an individual. Moreover, battery is distinct from battery domestic violence, which involves a family member or romantic partner.
Most battery cases are brought to court along with assault charges simply because the two are so closely related.
If someone is acting in self-defense, it does not count as a battery, and this is one of the common defenses used in court.
Potential Consequences for Assault and Battery Charges
Assault and battery charges can be serious. Violent crimes are taken seriously in court, but that doesn’t mean your situation is hopeless if you have been accused of them.
These crimes are considered wobblers, which means they can be pursued as either felonies or misdemeanors, depending on the details of each case.
The penalties for a battery conviction will depend upon the severity and can include up to a year in jail, $2,000 in fines, and probation for up to six months.
However, battery and assault can also be considered felonies for a variety of reasons.
Felony criminal charges are more likely when the battery took place against a law enforcement officer. In that case, defendants may face anywhere from 16 months to three years in state prison, a fine of up to $10,000, and probation of up to three years.
Charges of battery and assault can be serious and even result in jail time. A legal representative will help you navigate the criminal justice system and explain your side of the incident in question.
What Should You Do When You’re Accused of Assault and Battery?
Being accused of assault and battery can be shocking and stressful. One of the first steps anyone should take is to hire a battery lawyer who can help you prepare for court and other legal difficulties.
Whether you are innocent or guilty, hiring a lawyer is the best course of action. Your lawyer will argue passionately on your behalf, providing legal representation, so you don’t need to navigate the complex justice system on your own.
Criminal defense lawyers have spent years learning how to defend their clients and make persuasive arguments about their client’s innocence. Some instances of the alleged battery have legal justifications, like self-defense, involuntary actions, and more.
Once you learn you are facing assault charges, you will need to hire an expert who will analyze physical evidence and research the case fully.
Let Our Violent Crimes Defense Lawyer in California Defend You
If you have been accused of a violent crime, you need a defense lawyer with the skill and experience to handle the case. Whatever charges you are facing, a knowledgeable criminal defense attorney will understand how to form a strong defense.
We are a dedicated law firm you need to help you avoid prison sentences and other harsh outcomes. If you need help from a violent crimes defense lawyer in California, we are one phone call away.
We also offer free consultation, contact us at 877-545-3559 at LibertyBell Law Group today!
Gina Tennen
Founder
At A Glance
- Expert legal strategist.
- Experienced in both prosecution and defense.
- Relentless fighter for her clients with results to prove it.
- Received the National Top 100 Trial Lawyers Award
- Featured in Time Magazine’s “Leaders of Criminal Defense“ in the 100 Most Influential People edition.
Executive Managing Attorney Gina Tennen is a renowned leading advocate of personal liberties. Her meticulous trial preparation and exceptional ability to pursue every possible defense has earned her the admiration of clients and respect from prosecutors, judges, and other criminal attorneys all over the nation.
Lawyer Tennen began her career as a Senior Law Clerk for one of the toughest District Attorney’s offices in the country where she gained remarkable experience in juvenile crimes, elder abuse, parole hearings, child abuse, sex and other serious crimes. Her experience at the District Attorney’s Office armed her knowledge and case strategy in exploiting the other side’s weaknesses for the client’s advantage and building a rock solid defense. Criminal attorney Tennen’s experience on both sides and brilliant maneuvering throughout is evidenced in her winning track record. In fact, even before earning her law degree, she was instrumental in getting excellent results on several criminal cases outshining her peers.
A consummate strategist and top criminal attorney, lawyer Tennen works tirelessly on many high profile criminal cases. She is known as a relentless fighter who never gives up on any case. Whether the case is hers or handled by another criminal defense attorney from LibertyBell Law Group, no matter how small the case may seem she asserts that every client deserves the right to the best legal representation.
It is her deep belief and what she has built her entire career and lifelong dedication to that there is always hope for every client and every avenue should be pursued regardless of the time and energy it takes. For criminal attorney, Gina Tennen, devoting the finest criminal defense for clients is a habit and talent that you must apply and do all the time.
You demand the best defense. Take hold of your life and speak to our defense attorneys by calling(818) 267-8264 now.
Founder Gina Tennen and all the sex offender attorneys at LibertyBell Law Group uphold that when the bell rings, it rings for life and liberty for all.
REQUEST A FREE CONSULTATION
Assault and battery are two distinct, separate kinds of violent crimes. They are both serious convictions, and they require assistance from a violent crimes defense lawyer in California.
If you are facing assault or battery charges, or both, it’s important to hire a lawyer who can help you fight back against the charges and protect your rights.
What are Violent Crimes?
Violent crimes can generally be defined as crimes that cause harm to another person or property. They run the gamut from battery to arson. Aggravated assault, murder, robbery, and rape are some of the primary categories.
They include property crimes, sexual crimes, and domestic abuse. Assault vs. battery is often confused or considered the same, but once you learn the difference, it will be easy to tell them apart.
Assault and battery are two of the most common violent crimes. If someone communicates a threat of harm, that is an assault. On the other hand, if someone commits a harmful, violent act, that is a battery.
What You Need to Know About Assault
Assault is one of the most common violent crimes, but it’s often misunderstood. Rather than describing physical harm, assault is a crime that includes the threat of violence or physical harm.
Adding a weapon into the mix complicates an assault case. Possession of weapons during the incident can be considered an aggravated assault case.
In order for something to qualify as assault, the prosecution must prove the following two elements, that there was an act and that there was a specific intent. Although there is generally no physical harm to this crime, it can still carry potential jail time and an array of penalties, including fines.
Most legal defense approaches will focus on proving that one or both of these are absent, meaning that there was no crime committed. Here are the main components needed for any assault charge:
Assault: Act Requirement
When describing assault, it’s important to mention the specific act. Although there’s no bodily injury or actual injury involved in an assault, it is a deliberate action.
It includes any action that directly causes a person to fear for their safety. Assault can be meant as a threat to someone, or it can be a genuine, unsuccessful attempt to harm them.
It’s important to note that words alone don’t constitute assault. There must be some kind of physical action accompanying them for something to qualify as assault.
Assault: Intent Requirement
In order for an act to be considered assault, there also needs to be a specific intent behind it. The act of assault must have been intentional rather than accidental.
For example, accidentally or unintentionally scaring someone does not count as assault. If you swing a bat or other potential weapon around and someone witnesses it and feels threatened, that does not constitute an assault because there was no intention behind it.
Basic assault is simply any attempt at an unlawful touch.
What You Need to Know About Battery
Battery is the counterpart to assault. In order for something to be classified as a battery, there must be physical contact. It includes any form of offensive or otherwise harmful physical contact.
It’s easy to remember the difference between battery and assault if you think of a battery as a way for someone to complete the act they threatened during the assault. Instead of the fear of harm, battery focuses on the actual harm. That’s the main difference between assault and battery in a nutshell.
An attorney seeking to provide a legal justification for an incident will often argue that there the defendant acted in self-defense or that no touch occurred. The best legal strategy depends on the situation.
A battery can be a serious crime. It may be treated as a misdemeanor or a felony based on numerous factors. Misdemeanor penalties are not as serious, so any criminal defense law firm will push to have it described as a misdemeanor instead.
Battery – Act Requirement
If you have been accused of battery, the burden of proof lies on the prosecution to prove the act occurred.
While we might think of battery as violent acts like punches and kicks, it also includes any unwanted touches that are offensive to the recipient. The victim doesn’t need to be injured in order for something to count as a battery, simple touching counts. There’s no need for a broken bone or bruise as proof of the incident.
When a police officer is involved, for example, poking someone with a finger can count as a battery. Spitting on someone also counts as a form of battery.
Battery: Intent Requirement
An essential aspect of any battery conviction is the intent, and accidental unwanted touches do not constitute one. Bumping into someone or knocking them over by accident doesn’t count.
The intent to harm the victim is not a necessary component. However, the defendant must have had the intent to achieve physical contact with the alleged victim. That means accidental touching never counts as a battery.
Another component is the lack of consent from the victim. The person committing the battery must intentionally be touching the victim in order to cause them distress or offend them somehow.
In short, battery includes a wide range of intentional offensive touches, from a punch in the face to the touch on the arm.
Charged With Assault or Battery? Choose LibertyBell Law Group to Represent You!
If you have been accused of assault and battery, you need an expert on your side. A violent crimes defense lawyer in California from our team can help you navigate this stressful, confusing time.
Our team of criminal defense lawyers works hard to help all clients avoid time in jail. We’re skilled at negotiating plea deals and helping clients avoid jail time.
To schedule an initial consultation and get started planning your case, contact us at 877-545-3559 at LibertyBell Law Group today!
Gina Tennen
Founder
At A Glance
- Expert legal strategist.
- Experienced in both prosecution and defense.
- Relentless fighter for her clients with results to prove it.
- Received the National Top 100 Trial Lawyers Award
- Featured in Time Magazine’s “Leaders of Criminal Defense“ in the 100 Most Influential People edition.
Executive Managing Attorney Gina Tennen is a renowned leading advocate of personal liberties. Her meticulous trial preparation and exceptional ability to pursue every possible defense has earned her the admiration of clients and respect from prosecutors, judges, and other criminal attorneys all over the nation.
Lawyer Tennen began her career as a Senior Law Clerk for one of the toughest District Attorney’s offices in the country where she gained remarkable experience in juvenile crimes, elder abuse, parole hearings, child abuse, sex and other serious crimes. Her experience at the District Attorney’s Office armed her knowledge and case strategy in exploiting the other side’s weaknesses for the client’s advantage and building a rock solid defense. Criminal attorney Tennen’s experience on both sides and brilliant maneuvering throughout is evidenced in her winning track record. In fact, even before earning her law degree, she was instrumental in getting excellent results on several criminal cases outshining her peers.
A consummate strategist and top criminal attorney, lawyer Tennen works tirelessly on many high profile criminal cases. She is known as a relentless fighter who never gives up on any case. Whether the case is hers or handled by another criminal defense attorney from LibertyBell Law Group, no matter how small the case may seem she asserts that every client deserves the right to the best legal representation.
It is her deep belief and what she has built her entire career and lifelong dedication to that there is always hope for every client and every avenue should be pursued regardless of the time and energy it takes. For criminal attorney, Gina Tennen, devoting the finest criminal defense for clients is a habit and talent that you must apply and do all the time.
You demand the best defense. Take hold of your life and speak to our defense attorneys by calling(818) 267-8264 now.
Founder Gina Tennen and all the sex offender attorneys at LibertyBell Law Group uphold that when the bell rings, it rings for life and liberty for all.
REQUEST A FREE CONSULTATION
For the past 10 years, there have been over a thousand alcohol crash-related fatalities in California per year. If you are involved in a case like this, you need an experienced, qualified drug crimes defense lawyer in California.
Driving under the influence is a serious matter, and in some cases, it can result in death. Crashes that occur under the influence of alcohol can result in serious penalties, especially if they result in death.
Here are some important facts to know about DUI-related deaths.
2 Questions About DUI Resulting in Death
If you were involved in a DUI accident involving death, you might have questions about the situation and what it means for you, both legally and in terms of potential penalties.
Here are answers to some of the most pressing questions related to DUI accidents that have caused death.
1. Does Conviction Mean Prison?
A DUI conviction doesn’t inherently mean prison time. In fact, most misdemeanor DUIs entail time in the county jail rather than prison.
However, after the first three DUIs, the minimum sentence increases to six months, with a maximum sentence of one year. Felony DUIs typically carry harsher penalties, with a minimum sentence of one year in state prison.
Having a lawyer on your side can help you avoid prison and the worst possible outcomes. A legal professional can help you strike a favorable plea bargain and argue in your favor.
2. How Does a Prosecutor Prove the Elements of DUI Murder?
It is possible for a prosecutor to attempt to prove that a DUI deserves a charge of murder. It’s also called a Watson murder.
A prosecutor must prove all elements of DUI murder in court. The defendant must have a prior DUI conviction in order for the prosecution to seek a Watson murder conviction.
First, they must prove that the defendant committed an intentional act that took a human life. Next, they must prove that their actions were inherently dangerous to other humans on the road. Finally, they must prove that the defendant had a conscious disregard for the potential outcomes of their actions.
In this situation, they must prove that you were intoxicated with a blood alcohol concentration over the legal limit, that you intended to drive, and that you were aware of the potential consequences of drunk driving.
Three Possible Charges for DUI in California Resulting in Death
When someone is convicted of a DUI incident resulting in death, there are several possible outcomes. The final conviction depends on the nature of the crime as well as the court’s view of what has happened.
All of these are serious crimes with severe penalties, but some involve more jail time or steeper fines. Some defendants may face additional charges, like having to pay restitution for the victim’s and their family’s losses. They all involve a long license suspension as well.
When it comes to drug crimes that have different possible outcomes, it is essential to seek legal counsel from an expert.
DUI Vehicular Manslaughter – Misdemeanor
In some situations, vehicular manslaughter can be considered a misdemeanor. The maximum misdemeanor sentence is a year-long jail sentence and a fine of $1000. It also includes a year-long temporary loss of license.
The license suspension may be longer than a year. The conviction comes to pass when a person drives under the influence, and their actions result in death.
DUI Vehicular Manslaughter – Felony
The defendant’s blood alcohol level, as well as any drugs present in their system, will determine if the DUI-related killing is considered a felony with harsh penalties.
A blood alcohol content (BAC) twice the legal limit, for example, may cause a prosecutor to treat a case like a felony.
The maximum felony jail sentence is up to four years in prison and a fine of $10,000. If drugs were involved, the maximum sentence is six years in prison and a maximum fine of $10,000.
Gross DUI Vehicular Manslaughter
Gross vehicular manslaughter carries some of the steepest penalties, and they are much harsher than a standard DUI or even DUI vehicular manslaughter.
If you are convicted of this crime, you face a minimum prison sentence of anywhere from 10 years to life. There will also be a fine of $10,000.
What is a Watson DUI Murder?
A Watson DUI murder is a situation when the prosecution decides to pursue a case as a second-degree murder.
This type of case can only occur if the defendant has already had a DUI charge and has been given the Watson admonition, which explicitly tells drunk drivers that if they continue to drive while intoxicated, they may face charges of murder.
However, if the defendant was not given this speech, they would not usually face murder charges.
The prosecution must prove that the defendant showed a disregard for life and was, in fact, aware of the risks of drunk driving. That knowledge is what tips a drunk driving incident into murder in the eyes of the law.
There may be additional penalties for survivors who face issues like permanent disfigurement, arm injury, and other life-altering effects.
LibertyBell Law Group is Your Sound Legal Defense for DUI Resulting in Death
If you are involved in a DUI accident that resulted in death, hiring a drug crimes defense lawyer in California will help you protect yourself and even avoid jail time. The right lawyer will take extra steps like hiring an accident reconstruction expert witness who can show what really happened.
LibertyBell Law Group is known for its dedication to helping all clients avoid jail time and negative consequences. We work hard to get a charge reduction and other positive results.
Schedule a consultation so we can discuss a legal plan for your case, you may contact us at 877-545-3559 at LibertyBell Law Group today!
Gina Tennen
Founder
At A Glance
- Expert legal strategist.
- Experienced in both prosecution and defense.
- Relentless fighter for her clients with results to prove it.
- Received the National Top 100 Trial Lawyers Award
- Featured in Time Magazine’s “Leaders of Criminal Defense“ in the 100 Most Influential People edition.
Executive Managing Attorney Gina Tennen is a renowned leading advocate of personal liberties. Her meticulous trial preparation and exceptional ability to pursue every possible defense has earned her the admiration of clients and respect from prosecutors, judges, and other criminal attorneys all over the nation.
Lawyer Tennen began her career as a Senior Law Clerk for one of the toughest District Attorney’s offices in the country where she gained remarkable experience in juvenile crimes, elder abuse, parole hearings, child abuse, sex and other serious crimes. Her experience at the District Attorney’s Office armed her knowledge and case strategy in exploiting the other side’s weaknesses for the client’s advantage and building a rock solid defense. Criminal attorney Tennen’s experience on both sides and brilliant maneuvering throughout is evidenced in her winning track record. In fact, even before earning her law degree, she was instrumental in getting excellent results on several criminal cases outshining her peers.
A consummate strategist and top criminal attorney, lawyer Tennen works tirelessly on many high profile criminal cases. She is known as a relentless fighter who never gives up on any case. Whether the case is hers or handled by another criminal defense attorney from LibertyBell Law Group, no matter how small the case may seem she asserts that every client deserves the right to the best legal representation.
It is her deep belief and what she has built her entire career and lifelong dedication to that there is always hope for every client and every avenue should be pursued regardless of the time and energy it takes. For criminal attorney, Gina Tennen, devoting the finest criminal defense for clients is a habit and talent that you must apply and do all the time.
You demand the best defense. Take hold of your life and speak to our defense attorneys by calling(818) 267-8264 now.
Founder Gina Tennen and all the sex offender attorneys at LibertyBell Law Group uphold that when the bell rings, it rings for life and liberty for all.
REQUEST A FREE CONSULTATION
For anyone facing a potential DUI, working with an experienced drug crimes defense lawyer in California can have a major impact on the outcome of the case.
Driving while intoxicated is a risky behavior that can have serious effects. In 2019, DUI offenses in California accounted for almost 10% of the alcohol-impaired fatalities in the country, according to a report from Mothers Against Drunk Driving (MADD).
What is Driving Under the Influence?
Driving under the influence is defined as operating a vehicle while intoxicated. We most often think of alcohol when we think of DUIs, but it can also include drug crimes like driving while under the influence of drugs like cannabis. It can even include prescription drugs that are known to cause drowsiness and other effects.
For example, if someone were found to have taken benzodiazepines or other anxiety medications, they could find themselves facing criminal convictions.
Many DUI arrests involve the use of an electronic breath alcohol test. However, alcohol testing is not the only method police officers use to determine if someone is under the influence.
They may also focus on your supposed level of impairment, such as erratic driving.
What You Need to Know About Misdemeanor DUI and Felony DUI
A DUI conviction can be considered either a felony or a misdemeanor. In the legal profession, this is considered a wobbler offense. Whether or not it is a felony depends on the severity of the charge and the unique circumstances surrounding it.
A misdemeanor is a criminal offense, and most of them carry jail time to be served at the local jail instead of a state prison. A felony, on the other hand, is considered the most serious type of crime, with a maximum penalty of more than a year in state prison.
Most DUIs fall into the category of misdemeanors, but on some occasions, the criminal charges will be considered a felony. Here are the differences between how a misdemeanor and felony case will be treated in terms of punishments.
Misdemeanor DUI
In most situations, the first offense will be treated as a misdemeanor. In fact, it’s possible to have multiple DUI misdemeanor offenses.
Although they are less serious than felonies, misdemeanor convictions can still result in harsh sentencing. They may include jail time of up to an entire year, monetary fines, and license suspension.
To limit your driving capabilities, the county will install an ignition interlock device that performs an alcohol test every time you start your car.
If a collision resulted from your impaired driving, you would also need to pay restitution or property damage fees.
Felony DUI
If your DUI case is particularly serious, it may get classed as a felony. Unlike misdemeanors, felonies require mandatory jail time. Often, the time will be served in a state prison.
Being a convicted felon also means losing certain rights, like the right to vote, own a firearm, access public housing, and adopt children. Felons will also lose any professional licenses they hold.
Misdemeanor DUI Vs. Felony DUI
You may be wondering how the courts determine what qualifies as a misdemeanor DUI and what ends up as a felony DUI. Most cases start out as misdemeanors, but certain situations will elevate the seriousness of the crime, causing the court to pursue a case as a felony instead.
Previous offenses, unusual circumstances, and the court’s opinion will all affect the criminal penalties you face.
Here are some more details on how the two types of convictions differ and how they are determined.
Based on Your Situation
The court will refer to the basic facts of the case and your criminal record. Previous criminal offenses, especially others related to drugs and alcohol, will usually result in additional penalties.
A higher blood alcohol content (BAC) is another common reason for harsh penalties. A BAC that is twice or three times the legal limit will be judged more harshly in court than a lower BAC.
If you were driving with a minor under 16, your case may get pushed into the felony category. It may also result in felony child endangerment charges.
If you receive a DUI while on a restricted or suspended license, it’s likely that it will be considered a drunk driving felony.
Finally, a DUI that results in bodily harm, permanent disfigurement, or even death will result in felony charges. Individuals can also face vehicular manslaughter and other related charges in addition to felony DWI.
Based on Your DUI Case Result
Felony cases have much harsher penalties and longer jail time than misdemeanors. They may face up to seven years in state prison. If the DUI resulted in a death, then life in prison is the steepest possible outcome.
These two types of cases will be treated very differently in court, and if possible, you should seek the help of a skilled lawyer to prove that your situation is a misdemeanor rather than a felony.
A qualified lawyer can help you negotiate a plea deal, such as being charged with reckless driving instead of driving under the influence. They can also push back at the prosecution’s assumptions about the case.
Get the Legal Help You Need from a Drug Crimes Defense Lawyer in California
Felony charges can have far-reaching consequences beyond just prison time and fines. They can affect the rest of your life, changing the plans that you have for your future.
When you choose LibertyBell Law Group, you will get personalized legal advice from an experienced drug crimes defense lawyer in California.
If you are facing charges that could end up being either a misdemeanor or a felony conviction, a lawyer can make a major difference in the final result of your case.
To schedule a free consultation and learn more about your options, fill out our online form or contact us at 877-545-3559 at LibertyBell Law Group today!
Gina Tennen
Founder
At A Glance
- Expert legal strategist.
- Experienced in both prosecution and defense.
- Relentless fighter for her clients with results to prove it.
- Received the National Top 100 Trial Lawyers Award
- Featured in Time Magazine’s “Leaders of Criminal Defense“ in the 100 Most Influential People edition.
Executive Managing Attorney Gina Tennen is a renowned leading advocate of personal liberties. Her meticulous trial preparation and exceptional ability to pursue every possible defense has earned her the admiration of clients and respect from prosecutors, judges, and other criminal attorneys all over the nation.
Lawyer Tennen began her career as a Senior Law Clerk for one of the toughest District Attorney’s offices in the country where she gained remarkable experience in juvenile crimes, elder abuse, parole hearings, child abuse, sex and other serious crimes. Her experience at the District Attorney’s Office armed her knowledge and case strategy in exploiting the other side’s weaknesses for the client’s advantage and building a rock solid defense. Criminal attorney Tennen’s experience on both sides and brilliant maneuvering throughout is evidenced in her winning track record. In fact, even before earning her law degree, she was instrumental in getting excellent results on several criminal cases outshining her peers.
A consummate strategist and top criminal attorney, lawyer Tennen works tirelessly on many high profile criminal cases. She is known as a relentless fighter who never gives up on any case. Whether the case is hers or handled by another criminal defense attorney from LibertyBell Law Group, no matter how small the case may seem she asserts that every client deserves the right to the best legal representation.
It is her deep belief and what she has built her entire career and lifelong dedication to that there is always hope for every client and every avenue should be pursued regardless of the time and energy it takes. For criminal attorney, Gina Tennen, devoting the finest criminal defense for clients is a habit and talent that you must apply and do all the time.
You demand the best defense. Take hold of your life and speak to our defense attorneys by calling(818) 267-8264 now.
Founder Gina Tennen and all the sex offender attorneys at LibertyBell Law Group uphold that when the bell rings, it rings for life and liberty for all.
REQUEST A FREE CONSULTATION
Getting convicted of a DUI comes with criminal penalties that can affect your life, but it also has other effects that might not be immediately obvious. A DUI can remain on your record for many years if you don’t take action. However, a drug crimes defense lawyer in California can help you get your record expunged.
Having a clean record opens up many opportunities in your life, and for many people, it’s worth the time and effort to find a skilled lawyer who can help you expunge drunk driving charges from your record.
The Seriousness of DUI Conviction in California
Getting a DUI in the state of California is a serious legal concern. The most immediate results are usually arrest, jail time, and a steep fine. Some other consequences include potential difficulties passing the background checks performed by employers and a license suspension.
For example, after your arrest, you may have limited driving privileges, a criminal record, and an increase in auto insurance costs. If you have a commercial driving license, your license will be suspended for a year without the option of restricted driving privileges for work.
All of these can impact your daily life and make things more inconvenient. Limited driving or revocation of driving privileges can make shopping, visiting loved ones, and other tasks much more difficult.
If you are facing a potential DUI conviction, seek help from an experienced lawyer who can help you fight the charges and get the best possible outcome.
How Long Does DUI Stay on Your Driving Record?
The California Department of Motor Vehicles (DMV) maintains driving records that include information on all of your traffic tickets and other traffic infractions.
DUI charges have a limit to how long they stay on your driving record, though. Generally, your record only includes the past 10 years of incidents.
That means that after 10 years, a past DUI won’t automatically show up on your record. It also won’t show up on a background check if you’ve been able to expunge your criminal record.
In addition, a DUI will stay on your insurance record for up to five years, affecting your monthly premium.
A DUI conviction on your driving record also won’t show up on most background checks, meaning that your main concern will be expunging or sealing the incident from your criminal record.
How Long Does DUI Stay on Your Criminal Record?
Since a DUI is a serious offense, it generally stays on your criminal record for life unless you take action to remove it.
A history of this kind of risky behavior can lead to higher auto insurance premiums—and rejection from prospective employers and landlords. If you have pending charges against you, the best course of action is to work hard to avoid a criminal conviction.
Drug crimes and other offenses on your record can limit your employment opportunities and even your choices for housing. For many people, an expungement is an excellent option that can open up many opportunities.
DUI and Background Check
A DUI conviction will show up on any standard background check. In modern life, opportunities ranging from employment to volunteering require background checks.
A history of drunk driving can affect your ability to work in fields like education, healthcare, and other industries with extensive background checks. For example, if you plan to volunteer with children, the program manager may check to see if you have a criminal record.
Expungement, or clearing your criminal record, can make it much easier to
DUI in California and Expungement
Removing a DUI from your record is possible through a process called expungement.
Expungement means to completely seal off a criminal conviction from your record. It removes the incident from your criminal record and means that even with a comprehensive background check, it will not show up as part of your history.
For example, if you were convicted of driving under the influence, you can file paperwork and pay fees to get it expunged from your record. That means that if someone looks into your background, they won’t see the incident listed.
This doesn’t mean that you won’t face the consequences for your actions but instead allows you to put a DUI conviction behind you and move forward with your life.
Before you can get your record sealed, you’ll need to meet a few requirements.
How Can You Get Your DUI Record in California Expunged?
Getting your record expunged takes some paperwork, but it can make a major difference in your life overall. Having your record sealed means that employers, landlords, and other people looking into your background won’t be able to see that you had a DUI.
To get your record sealed after a DUI or other careless driving charge, you will need to meet certain eligibility requirements. This includes:
- Not facing other criminal charges
- Not on probation for other charges
- You did not go to state prison for your DUI offense
Once you have completed probation, you can seek to have your history expunged from your criminal record.
However, your DUI will remain on your record if you get an additional alcohol offense within 10 years of the first one. That means it will be classified as a second offense.
A consultation with an attorney can help you get on the path to getting your background clean, so you won’t have to worry about making a negative first impression on important figures in your life.
Get Help from an Experienced Defense Attorney for Your DUI Problem
An attorney with experience can help you take the best course of action if you are facing DUI charges and other issues like the revocation of driving privileges.
A drug crimes defense lawyer in California can assist you in sealing a DUI conviction, ensuring that the process goes smoothly. Without a lawyer, you could make mistakes that lengthen the expungement process and cost you valuable time.
During a consultation, we will discuss the best plan of action for your unique case and your different legal options. For more information on how to proceed when faced with a DUI conviction, contact us at 877-545-3559 at LibertyBell Law Group today!
Gina Tennen
Founder
At A Glance
- Expert legal strategist.
- Experienced in both prosecution and defense.
- Relentless fighter for her clients with results to prove it.
- Received the National Top 100 Trial Lawyers Award
- Featured in Time Magazine’s “Leaders of Criminal Defense“ in the 100 Most Influential People edition.
Executive Managing Attorney Gina Tennen is a renowned leading advocate of personal liberties. Her meticulous trial preparation and exceptional ability to pursue every possible defense has earned her the admiration of clients and respect from prosecutors, judges, and other criminal attorneys all over the nation.
Lawyer Tennen began her career as a Senior Law Clerk for one of the toughest District Attorney’s offices in the country where she gained remarkable experience in juvenile crimes, elder abuse, parole hearings, child abuse, sex and other serious crimes. Her experience at the District Attorney’s Office armed her knowledge and case strategy in exploiting the other side’s weaknesses for the client’s advantage and building a rock solid defense. Criminal attorney Tennen’s experience on both sides and brilliant maneuvering throughout is evidenced in her winning track record. In fact, even before earning her law degree, she was instrumental in getting excellent results on several criminal cases outshining her peers.
A consummate strategist and top criminal attorney, lawyer Tennen works tirelessly on many high profile criminal cases. She is known as a relentless fighter who never gives up on any case. Whether the case is hers or handled by another criminal defense attorney from LibertyBell Law Group, no matter how small the case may seem she asserts that every client deserves the right to the best legal representation.
It is her deep belief and what she has built her entire career and lifelong dedication to that there is always hope for every client and every avenue should be pursued regardless of the time and energy it takes. For criminal attorney, Gina Tennen, devoting the finest criminal defense for clients is a habit and talent that you must apply and do all the time.
You demand the best defense. Take hold of your life and speak to our defense attorneys by calling(818) 267-8264 now.
Founder Gina Tennen and all the sex offender attorneys at LibertyBell Law Group uphold that when the bell rings, it rings for life and liberty for all.
REQUEST A FREE CONSULTATION
Driving under the influence can have serious consequences in any state and can result in jail time and fines. Aside from the immediate consequences, it can also affect your employment and insurance rates. Working with a drug crimes defense lawyer in California is the best way to avoid harsh sentences and lasting impacts.
The penalties related to a DUI can follow you for many years, which is why hiring a lawyer is so essential. Here are some of the potential outcomes if you are convicted of driving a motor vehicle under the influence.
Getting Arrested for DUI in California
If a police officer suspects you are under the influence of alcohol or drugs, they may pull you over. Then, they’ll test your blood alcohol concentration (BAC) to see if you are an impaired driver.
By driving in the state of California, you are automatically consenting to potentially have your blood, breath, or urine tested. You are not entitled to a lawyer before being tested.
For people under 21, there is no legal amount of alcohol that can be found in your bloodstream. For people over 21, a BAC of 0.08% or higher is considered driving under the effects of alcohol. When driving a commercial motor vehicle, it is a BAC of 0.04% or higher.
If you are convicted, you’ll likely be subject to a fine, jail time, and possibly hours of community service or alcohol highway safety school. The office may also take your driver’s license or give you a 30 days license suspension.
Driving Under 21 – California Zero Tolerance Law
California has a zero-tolerance law for drivers under the age of 21. That means any amount of alcohol found in your bloodstream during an alcohol screening is an unlawful alcohol level. A police officer will use some kind of alcohol testing device as a preliminary screening.
If alcohol breath testing devices show a level of 0.01% or more, you may face a one-year license suspension. If they show levels of 0.05% or more, you will be arrested for a DUI. It is important to note the differences between these two situations.
Penalties for Driving Under the Influence in California
Depending on the circumstances, there are several possible outcomes if you are convicted of driving under the influence. The results may depend on if you have prior convictions, license suspension, and other factors, such as how much over the legal limit you were.
Here are some of the main concerns for anyone who may be dealing with a DUI conviction in California.
DUI – First-Time Offenders
First-time offenders are less likely to get the harshest penalties. In some situations, the person receiving the DUI will have to spend three years to five years on probation.
The probationary period may include jail time, several days of community service, an alcohol treatment program, and fines of hundreds or even thousands of dollars.
The penalties may be more severe if the offender was driving at an excessive speed, with a minor in the car, or was involved in a collision. The court may require additional penalties in this situation, such as payment for property damage.
DUI – Prior DUI Offenders
A DUI remains on your driving record for 10 years, even if you have had it expunged. Subsequent offenses may result in more serious penalties. This includes mandatory jail time, a longer probationary period, and a longer driver’s license suspension.
More than four DUI incidents may result in a felony charge with time spent in the county jail or prison.
Driver’s License Suspension
Being convicted of a DUI means having your driver’s license automatically suspended, regardless of what happens in court.
Loss of your driving privileges is the most basic penalty for driving while impaired. The defendant must request a hearing within 10 days of the arrest in order to halt the suspension.
It’s possible to petition for limited driving privileges for work purposes but not for commercial drivers. If the defendant refused to undergo alcohol testing, the suspension is automatically a year long, with no option for a restricted license.
Collateral Consequences
Aside from the immediate legal issues, there are also collateral consequences to any DUI conviction. For example, during the interview and background check process for your dream job, the company could turn up your history of drunk driving.
A history of DUIs and other drug crimes can affect your employment opportunities, whether or not landlords agree to rent to you, and more. It can also cost you other opportunities, like the ability to volunteer with children or in the health care field.
For those who work in a field that requires a license, like teachers, health care professionals, or commercial drivers, it can affect their ability to stay at their current job. Anyone who has been arrested for driving under the influence should seek legal counsel as soon as possible to avoid as many of these negative outcomes as possible.
Jail Time and Fines for Driving Under the Influence in California
- The first DUI offense comes with a maximum sentence of six months in jail and a fine of up to $1,000.
- The second offense comes with a sentence of up to an entire year and the same range of fines.
- The third offense carries a minimum sentence of 120 days in jail and up to a year. The maximum fine is $1,800.
Defend Yourself from DUI Conviction with LibertyBell Law Group
If you are facing potential DUI charges, a drug crimes defense lawyer in California can be your best ally. A legal professional who specializes in drug crimes can help you negotiate a plea deal, decrease the charges, or find some other way to improve your situation.
We are devoted to helping clients get the best possible legal outcome. We are passionate about helping people navigate the complex legal system and avoid jail time.
To schedule a free consultation to learn how we can help your case and what your legal options are, contact us at 877-545-3559 at LibertyBell Law Group today!
Gina Tennen
Founder
At A Glance
- Expert legal strategist.
- Experienced in both prosecution and defense.
- Relentless fighter for her clients with results to prove it.
- Received the National Top 100 Trial Lawyers Award
- Featured in Time Magazine’s “Leaders of Criminal Defense“ in the 100 Most Influential People edition.
Executive Managing Attorney Gina Tennen is a renowned leading advocate of personal liberties. Her meticulous trial preparation and exceptional ability to pursue every possible defense has earned her the admiration of clients and respect from prosecutors, judges, and other criminal attorneys all over the nation.
Lawyer Tennen began her career as a Senior Law Clerk for one of the toughest District Attorney’s offices in the country where she gained remarkable experience in juvenile crimes, elder abuse, parole hearings, child abuse, sex and other serious crimes. Her experience at the District Attorney’s Office armed her knowledge and case strategy in exploiting the other side’s weaknesses for the client’s advantage and building a rock solid defense. Criminal attorney Tennen’s experience on both sides and brilliant maneuvering throughout is evidenced in her winning track record. In fact, even before earning her law degree, she was instrumental in getting excellent results on several criminal cases outshining her peers.
A consummate strategist and top criminal attorney, lawyer Tennen works tirelessly on many high profile criminal cases. She is known as a relentless fighter who never gives up on any case. Whether the case is hers or handled by another criminal defense attorney from LibertyBell Law Group, no matter how small the case may seem she asserts that every client deserves the right to the best legal representation.
It is her deep belief and what she has built her entire career and lifelong dedication to that there is always hope for every client and every avenue should be pursued regardless of the time and energy it takes. For criminal attorney, Gina Tennen, devoting the finest criminal defense for clients is a habit and talent that you must apply and do all the time.
You demand the best defense. Take hold of your life and speak to our defense attorneys by calling(818) 267-8264 now.
Founder Gina Tennen and all the sex offender attorneys at LibertyBell Law Group uphold that when the bell rings, it rings for life and liberty for all.
REQUEST A FREE CONSULTATION
Tax fraud is a complex matter that has serious consequences, potentially including fines and jail time. If you are accused of tax fraud, criminal attorney in California can walk you through the experience and help you clear your name.
Let’s shed light on some of the most common tax fraud mistakes that people make when filing their taxes.
What Is Tax Fraud?
Tax fraud is a form of fraud that involves intentionally filing false documents or otherwise misleading the Internal Revenue Service.
Like all types of fraud, tax fraud requires an individual to have intentionally misrepresented the facts to another person’s detriment. In the case of tax fraud, that generally means lying to the government about your income in an attempt to avoid paying the taxes you owe.
Tax fraud includes:
- Not filing tax returns
- Claiming residency in another state
- Not reporting all earned income
- Creating false documents that don’t accurately reflect income and expenses
- Not recording income and expenses
While there are some legitimate ways to reduce your tax liability, these methods never include deceit or falsified records.
Can You Accidentally Commit Tax Fraud?
The IRS defines tax fraud as an intentional act with the goal of avoiding paying the taxes you owe. Technically, tax fraud must be done intentionally with the goal to evade the taxes you rightfully owe. However, it’s still possible to accidentally violate tax laws and get yourself hit with tax fraud charges.
Acts such as omitting income, not disclosing assets, and claiming credits you aren’t entitled to are difficult to prove as accidental. It’s easier to attribute these mistakes to malice than to ignorance. LibertyBell Law’s defense attorneys can help you prove your innocence in court or even before your case makes it to trial.
Tax fraud is one of the most serious fraud crimes. It carries a potential penalty of up to $100,000 and three years in prison.
Tax evasion is a form of tax fraud that involves illegal means of concealing information and income from the IRS. One of the most important differences is that the burden of proof is on the IRS in this situation.
Tax negligence, on the other hand, is when a person makes an unintentional mistake on tax forms or fails to keep clear, reliable records. Just claiming ignorance doesn’t let you off the hook for major errors, but it comes with a lesser penalty, such as fines and interest due.
Common Tax Fraud Mistakes That Can Land You in Trouble
Many people make these tax fraud mistakes every year. Whether or not you intend to commit fraud, these mistakes can create legal issues that cost you lots of time and money.
Whether you do your taxes yourself or hire someone else to do them, you could end up with these very common mistakes in your tax documents.
Expert criminal defense lawyers have years of experience defending their clients both in and out of court. They will collect evidence, argue on your behalf, and even prepare you for trial if necessary. A lawyer has the resources you need to enjoy a positive outcome for your case.
1. Filing an Incomplete or Inaccurate Return
Tax documents can be confusing, especially to anyone who doesn’t deal with them regularly. That’s why it’s important to work with an expert or reliable tax software when filing taxes.
There are many different tax forms for different types of income, tax credits, and more. Omitting information or essential forms could mean that you don’t end up paying all the taxes you owe.
Making mistakes on the forms you include or the information you fill out could raise eyebrows and lead to an auditing situation. Working with a professional helps you avoid minor errors that could cause an audit and legal strife later on.
2. Claiming the Wrong Credits or Deductions
If you don’t read carefully enough, you could believe you are eligible for credits and deductions that don’t apply to you.
For example, if you try to claim a personal purchase as something essential for your business, it could lead to fraud charges later down the line. Although it may be tempting to fudge the details, especially if you are a business owner, these minor inaccuracies can add up to a serious problem.
In some situations, this may actually be a case of tax preparer fraud. This means that your accountant has given you false information and taken tax credits or deductions that don’t apply to your situation. If you find yourself a victim of fraud that makes you look like you broke the law, get in touch with a criminal defense lawyer as soon as possible.
3. Unreported Income
Failing to report all your income is another major concern. Although this may seem like a huge oversight, this problem is more common than you think. Some streams of income are difficult to track, which can cause issues when tax season rolls around. Cash income is notoriously hard to track.
Employees who receive tips, for example, may not always track them consistently. However, the IRS can generally tell when you are leaving significant amounts of tip income out of your documents.
Failing to report large chunks of income can count as tax evasion in the eyes of the IRS. This is a common concern for our clients, and many of them don’t realize it’s a problem until they are facing audits or tax fraud charges.
Get Reliable Legal Representation at LibertyBell Law
LibertyBell Law is a trusted law office that has built up its reputation over many years. We pride ourselves on our excellent track record of helping clients avoid sentencing. In many situations, we can get charges dropped and cases dismissed. We offer legal advice every step of the way, from the start of the case to the finish.
Finding a criminal attorney in California will help you stay on track as you deal with the criminal justice system.
Contact us today to discuss your tax fraud concerns and schedule a free consultation with a legal expert! We will give you an honest assessment of your situation and discuss how our legal team can help.
Gina Tennen
Founder
At A Glance
- Expert legal strategist.
- Experienced in both prosecution and defense.
- Relentless fighter for her clients with results to prove it.
- Received the National Top 100 Trial Lawyers Award
- Featured in Time Magazine’s “Leaders of Criminal Defense” in the 100 Most Influential People edition.
Executive Managing Attorney Gina Tennen is a renowned leading advocate of personal liberties. Her meticulous trial preparation and exceptional ability to pursue every possible defense has earned her the admiration of clients and respect from prosecutors, judges, and other criminal attorneys all over the nation.
Lawyer Tennen began her career as a Senior Law Clerk for one of the toughest District Attorney’s offices in the country where she gained remarkable experience in juvenile crimes, elder abuse, parole hearings, child abuse, sex and other serious crimes. Her experience at the District Attorney’s Office armed her knowledge and case strategy in exploiting the other side’s weaknesses for the client’s advantage and building a rock solid defense. Criminal attorney Tennen’s experience on both sides and brilliant maneuvering throughout is evidenced in her winning track record. In fact, even before earning her law degree, she was instrumental in getting excellent results on several criminal cases outshining her peers.
A consummate strategist and top criminal attorney, lawyer Tennen works tirelessly on many high profile criminal cases. She is known as a relentless fighter who never gives up on any case. Whether the case is hers or handled by another criminal defense attorney from LibertyBell Law Group, no matter how small the case may seem she asserts that every client deserves the right to the best legal representation.
It is her deep belief and what she has built her entire career and lifelong dedication to that there is always hope for every client and every avenue should be pursued regardless of the time and energy it takes. For criminal attorney, Gina Tennen, devoting the finest criminal defense for clients is a habit and talent that you must apply and do all the time.
You demand the best defense. Take hold of your life and speak to our defense attorneys by calling(818) 267-8264 now.
Founder Gina Tennen and all the sex offender attorneys at LibertyBell Law Group uphold that when the bell rings, it rings for life and liberty for all.
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