Carter & Carter

Penal Codes:

Forgery & Counterfeiting
Penal Code section 470(a) and (b) deal with the manufacturing and/or possession of a false Driver’s License or Identification card and can be charged as either a felony or a misdemeanor. A conviction can lead to substantial fines and possible time in jail.

Assault and Battery
Penal Code sections 240-248 deal with assault and battery. 240 PC is the most common code used for an assault charge. Penalties range according to the severity of the assault, 245 PC Assault with a Deadly Weapon or ADW can even be charged as a Strike. 242 PC– Battery also has a wide range of filing potential and again sentencing varies according to the extent of the battery.

Domestic Violence
Domestic Violence or 273.5 PC is the infliction of injury to a spouse, girlfriend or roommate. These injuries could be as small as “red marks” on an arm and the accused can be taken to jail. A conviction can result in being served with a restraining order prohibiting you from returning to your home. Other common penalties associated with a conviction under this section are fines, jail and a state approved treatment program.

Theft & Burglary
Burglary or 459 PC is charged when it can be shown that a person entered a building, room or a vehicle, with the intent to commit a crime. In the event of a conviction, Prison, Jail  and/or fines may be ordered by the court. Theft is divided into  two parts. The first and most severe is Grand Theft or 487 PC which is usually determined if the value of the items stolen exceed $400.00. Depending on the nature of the offense this can be charged as either a felony or a misdemeanor. The second is Petty theft 488 PC and/or 484 PC and is likewise determined if the value of the stolen items is less than $400.00. This is a misdemeanor punishable by fines, an order of restitution and possible jail.

Disorderly Conduct
647 (a-k) PC, a misdemeanor, is charged for a number of different reasons ranging  from loitering and drunk in public to solicitation of prostitution and “peeping”. Upon conviction, penalties vary depending on the number of priors that person has.

Vehicle Codes:

DUI
Vehicle Code section 23152 (a)&(b), a misdemeanor, is one of the most common criminal offenses in southern California. Unfortunately it is also one of the most underrated crimes as well. It is important that the DMV is contacted within 10 days of your arrest, to request  a hearing in order to protect your driving privilege. Severe fines, alcohol school and a suspended driver’s license can result from a conviction for DUI. If an accident causing injury has occurred while driving under the influence of alcohol and/or drugs you may be charged with 23153 VC.

Driving on a Suspended License
14601 VC is charged when a person is driving while their driving privilege is suspended or revoked. 14601.2 VC is charged when a person is driving while his/her license is suspended or revoked due to a DUI (23152 VC) conviction. Both violations have penalties ranging from probation and fines to jail in the event of a conviction.

Hit and Run
A hit and run is charged when any person driving a vehicle that is involved in an accident leaves the scene of the accident prior to exchanging information with other drivers involved or prior to notifying the police if the accident was a single car accident involving some type of property damage. This type of offense falls under section 20001 VC.

Health and Safety Codes

Drug Possession
Drug possession is charged under several different code sections depending on the type of drug. 11350 HS is the possession of opium or cocaine or any derivative thereof. This offense is considered a felony.

11357(a) HS is the possession of any concentrated form of cannabis (hashish). This offense can be a felony or misdemeanor.

11357(b) HS is the possession of less than 28.5 grams of marijuana. This offense can be a misdemeanor or infraction.

11364 HS is the possession of paraphernalia for injecting or smoking a controlled substance. This offense is considered a misdemeanor.

11377 HS is possession of “Dangerous drugs” such as PCP, LSD, Ketamine and Methamphetamine. This offense can be a felony or misdemeanor.

Sentence for possession charges range from fines, probation and jail to diversion.

Manufacturing and Sales (Felonies)

11351 HS is the possession for sale of opium or cocaine or any derivative.

11355 HS is the sale or transportation of  opium or cocaine or their derivatives.

11378 HS is the possession for sale of “Dangerous drugs” such as PCP, LSD, Ketamine and Methamphetamine.

11379.6 HS is the manufacturing of “Dangerous drugs” such as PCP, LSD, Ketamine and Methamphetamine.

Sentence usually includes fines, formal probation and jail.

These are just a few of the most common code sections with which people are charged. Keep in mind that every case is different and a good attorney will easily be able to assist you by knowing the best way to handle your specific case. If you have been arrested and would like information regarding your specific charge(s) please call our office and we will be more than happy to assist you.