The criminal defense trial attorneys at the Law Offices of Behnaz Faridian, have successfully litigated and negotiated several thousand cases ranging from simple misdemeanors to serious and violent felonies. Our experience ranges from a variety of cases, focusing in the areas of felonies, misdemeanors, drunk-driving, drugs, domestic violence, theft offenses, and juvenile dependency.
The Law Offices of Behnaz Faridian can asses your specific situation and explain in detail the procedures involved and the intricacies of your case.
DUI
The severity of penalty for a Driving Under the Influence (DUI) depends on whether it is a misdemeanor or a felony and that again, depends on many factors.
Among others, the number of offenses, the level of blood alcohol registered in the breath/blood test, the results of the FST (Field Sobriety Test) and whether there was an accident with injuries. The Law Offices of Behnaz Faridian can asses your specific situation and explain in detail the procedures involved and the intricacies of your particular case.
Read all about the different types of DUI and the possible penalties here.
If you have been cited for a DUI you have 10 days to take action. Call us immediately for a free case evaluation. You can come in for a face-to-face consultation free of charge.
THEFT
Theft is defined by California law as the unlawful taking of another’s property. Petty theft and shoplifting are sometimes used interchangeably and will be charged when the property value is $950.00 or less.
There are two common types of theft/shoplifting. The first is larceny – the unlawful taking of property or services without paying for it. The other type is by trick – removing a price tag and paying a lesser price for the item, or putting the item in a different box to change the price.
California Penal Code Section 484 PC and 488 PC have consolidated different types of theft, and you can be convicted of theft even if the jury doesn’t define or agree as to which exact form of theft was committed.
What is the difference between Petty Theft and Grand Theft?
Under California Law, there are two major differences between Petty Theft (488PC) and Grand Theft (487 PC). The first is the value of the property or services that were stolen, and the second is the punishment associated with the crime.
Petty theft (shoplifting) is chargeable when the items or services involved are valued at $950.00 or less. Grand theft is any item or service over $950.00.
As for the punishment, shoplifting is always charged as a misdemeanor. However, Grand theft can be either a misdemeanor, OR a felony. How that is decided is usually based on the circumstances and details of your case as well as your criminal history and background.
There are two common types of theft/shoplifting. The first is larceny – the unlawful taking of property or services without paying for it. The other type is by trick – removing a price tag and paying a lesser price for the item, or putting the item in a different box to change the price.
California Penal Code Section 484 PC and 488 PC have consolidated different types of theft, and you can be convicted of theft even if the jury doesn’t define or agree as to which exact form of theft was committed.
1. What is the difference between Petty Theft and Grand Theft?
Under California Law, there are two major differences between Petty Theft (488PC) and Grand Theft (487 PC). The first is the value of the property or services that were stolen, and the second is the punishment associated with the crime.
Petty theft (shoplifting) is chargeable when the items or services involved are valued at $950.00 or less. Grand theft is any item or service over $950.00.
As for the punishment, shoplifting is always charged as a misdemeanor. However, Grand theft can be either a misdemeanor, OR a felony. How that is decided is usually based on the circumstances and details of your case as well as your criminal history and background.
Expungement Experts
Make a fresh start for a new life, without your prior criminal record. A criminal record can hinder you in obtaining a new job, get professional licensure or return to school.
Irregardless of the level of offense, while you have turned the corner and put this particular mistake behind you, a misstep of the past may still come back to haunt you.
At the Law Offices of Behnaz Faridian, we help clients like you move forward from their past. Move forward from your past and get a fresh start with our help. For a free initial consultation to discuss how we may be able to assist you, contact our office.
Expungement Assistance
An individual’s criminal history is public record, and can be researched and discovered by anyone- not just law enforcement. Employers, schools, professional organizations, and even potential mates are able to pull up your criminal history using a number of databases by having preliminary information – like a full name and date of birth.
However, California Penal Code 1203.4 PC provides that once a criminal record is expunged, the person is released from “all penalties and disabilities’ related to arising from the conviction. Therefore, once a felony or misdemeanor conviction is expunged, employers are unable to use it against you for any purpose, and individuals are unable to pull up records that can embarrass or damage your credibility.
1. Am I eligible to have my record expunged?
As long as you have successfully completed your probation period sentenced by the court at the time of your conviction, AND you are not currently charged with another criminal offense, on probation for another criminal offense, or still serving a sentence for a criminal offense, you are eligible to have your record expunged.
2. What if I was in prison, and completed my parole, am I eligible for and Expungment?
No. Once entering state prison, either at the time of sentencing, or because of a probation violation, you are not eligible for an expungment.
Mistakes of the past are in the past and you want to live in the present and prepare for the future. Being penalized for a past misdemeanor or felony, not being able to apply for certain jobs or work toward professional degrees, does not seem fair. You have changed and a clean record should reflect your new start.
At the Law Offices of Behnaz Faridian, we couldn’t agree more with you and will work efficiently to clear your record. Contact The Law Offices of Behnaz Faridian for a free consultation.