Los Angeles & Ventura County Criminal Defense Attorney
CRIMES A-Z

Attorney Jennifer Monroe has over 15 years experience in criminal law and the Crimes A-Z listed below. As a Los Angeles and Ventura County Criminal Defense Attorney and former prosecutor she knows how to put her background training and experience to work for you. In many cases she can get your case dismissed, reduced, or sentenced to a jail alternative. In every case she is dedicated to her clients and strives to obtain the best possible results by being diligent, thorough, and prepared. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Below you will find a list of some of the most common crimes that Jennifer Monroe has personally handled during her 15 years working in criminal law. She has worked as both a prosecutor and defense attorney and knows how to get results. All references are to the California Penal Code (pc), Vehicle Code (vc), Health and Safety Code (hs), and Business and Professions Code (bp). Click on each crime to learn more about their definitions, penalties, and how Jennifer Monroe can help you.

The summary is intended to give you an overview of what you may be facing, but does not include all of the penalties, consequences, or potential defenses. Please contact Jennifer Monroe directly for more information about the crimes listed.

Following is a list of just some of the crimes Jennifer Monroe has experience defending. If you have trouble locating a crime below, please contact Jennifer Monroe directly she has likely handled that crime before and can help you.

Airport Crimes / Possession of a Prohibited Item at the Airport – California Penal Code 171.5 pc
Possession of certain items within any sterile area at the airport are prohibited.

A sterile area of an airport is the area where you submit to screening at the security checkpoint by the Transportation Security Agency also known as TSA or airport security.

The following are of some of the prohibited items: firearms, knifes, box cutters, grenades, imitation firearm, magazine for a firearm, tear gas, stun gun, BB gun, and ammunition.

Possession of a Prohibited Item at the Airport is a misdemeanor punishable up to 6 months in local jail and or a $1,000 fine plus mandatory penalty assessments and fees. After mandatory penalty assessments and fees a $1,000 fine could cost you almost $4,000.

The court may also order a restraining order from the airport and restitution for any costs of evacuation of the airport if one occurred.
California law also applies at the airport therefore it is illegal to possess other contraband as well, for example drugs and drug paraphernalia.
You may be eligible for a dismissal, reduced charge, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Annoying Phone Calls – California Penal Code 653(m) pc

Threatening or annoying telephone calls require the calls were made with the intent to annoy and the calls were repeated, or used obscene language or threats on someone’s life.

Annoying phone calls are misdemeanor offenses punishable by up to a year in local jail depending on the type of call, and up to a $1,000 fine. After mandatory penalty assessments and fees a $1,000 fine could cost you almost $4,000.

You may be eligible for a dismissal, reduced charge, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Assault / Assault with a Deadly Weapon / Assault by Force Likely to Produce GBI
– California Penal Code 240, 245 pc

There are several types of assault.

Simple assault in violation of California Penal code 240 pc is a misdemeanor and is generally charged when you tried to hit someone and missed. Simple assault is punishable by up to six months in local jail and or a $1,000 fine. After mandatory penalty assessments and fees a $1,000 fine could cost you almost $4,000.

Assaults on emergency personal or the police are misdemeanors and punishable by up to a year in local jail and or a $2,000 fine which could cost you almost $7,000.

Assault with a deadly weapon is a felony strike offense in violation of California Penal Code 245(a)(1) pc punishable by up to 4 years in state prison. If the offense involves a firearm in violation of California Penal Code 245(a)(2) pc the offense is a strike and the penalty could go up to 12 years in state prison or more if the firearm was actually used. The fine is up to $10,000 plus penalty assessments and fees which could be substantial.

Assault by force likely to produce Great Bodily Injury (GBI) is a felony in violation of California Penal Code 245(a)(4) pc punishable by up to 4 years in jail and or a fine up to $10,000 plus penalty assessments and fees.

Assault with a deadly weapon and assault by force likely to produce great bodily injury in violation of California Penal Code 245(a)(1) pc and 245(a)(4) pc are felony wobblers which means that they can be reduced to a misdemeanor by the judge or prosecutor. If reduced to a misdemeanor the offense is no longer a strike. Jennifer Monroe can help you get your case reviewed. Please contact Jennifer Monroe directly to see how she can help.

You may be eligible for a dismissal, reduced charge, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Arson – California Penal Code 450 pc, 451pc , 451.5 pc, 451.5 pc, 452 pc, 452.1 pc
Arson is defined as the willful and malicious burning of a structure, forest land, or property.

Arson is punishable by a minimum of 16 months in state prison and is a strike offense. Depending on the particular facts of your case, you could receive up to 10 years in state prison. In some cases you could also be punished up to an additional five years if you have a prior conviction for arson, if someone was seriously hurt, if multiple structures burned, or if you used a device to accelerate the fire or delay ignition. You will also be responsible to pay restitution for the cost of any damage you caused the victim.

You may be eligible for a dismissal, reduced charge, or jail alternative. If your charge is dismissed you can avoid strike consequences. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Auto Theft / Driving a Stolen Vehicle / Possession of Stolen Vehicle
– California Vehicle Code 487 vc, 10851 vc, California Penal Code 496 pc
These three crimes are often charged together. The prosecutor can charge you with stealing the car, driving the car, and possessing a car you know is stolen.

Each of these crimes are a felony but are wobblers which means they may be reduced to a misdemeanor by the judge or prosecutor. Each of these crimes is punishable up to 3 years in jail. Other penalties include stay away orders from the victim, submit your person, home, and vehicle to search and seizure for stolen property with or without a warrant, and restitution for the cost of any damage you caused the victim’s car.

You may be eligible for a dismissal, reduced charge, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Battery – California Penal Code 242 pc
Simple battery is defined as any willful and unwanted force or violence against another. Battery does not require an injury.

Battery is a misdemeanor punishable by up to 6 months in jail and or a $2,000 fine. After mandatory penalty assessments and fees a $2,000 fine could cost you almost $7,000. The court may also order a restraining order, weapons conditions, search and seizure terms, and restitution.

A misdemeanor conviction of California Penal Code 242 pc will result in a 10 year loss of your right to own to own or possess a firearm.

You may be eligible for a dismissal, diversion, probation, or community service instead of county jail. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Battery – Domestic Violence / Corporal Injury – Domestic Violence
California Penal Code 243 pc, 273.5 pc

Battery involving domestic violence requires the willful and unwanted force or violence against someone who is your spouse, cohabitant, parent of your child, or someone you have or previously had a relationship with. No injury is required to prove this crime.

Domestic violence battery is a misdemeanor violation of California Penal Code 243(e)(1) pc and is punishable up to a year in local jail and or a $2,000 fine plus mandatory penalty assessments and fees, and a 52 week batterer’s treatment program. The court will also order a restraining order, weapons conditions, search and seizure terms, and restitution.

A misdemeanor conviction of California Penal Code 243(e)(1) pc will result in a 10 year loss of your right to own to own or possess a firearm.

Corporal injury requires the willful infliction of any injury (minor or serious) on someone who is your spouse, cohabitant, parent of your child, or someone you have or previously had a relationship with.

Corporal Injury is a felony violation of California Penal Code 273.5 pc but may be reduced to a misdemeanor by the judge or prosecutor because it is a wobbler. Corporal injury is punishable up to four years in jail and or a $6,000 fine plus mandatory penalty assessments and fees, and a 52 week batterer’s treatment program. The court will also order a restraining order, weapons conditions, search and seizure terms, and restitution. In Ventura County there are additional terms that include direct work and fees to shelters.

A felony domestic violence conviction for California Penal Code 273.5 pc will result in a permanent loss of your right to own or possess a firearm. A misdemeanor conviction of California Penal Code 273.5 pc will result in a 10 year loss of your right to own to own or possess a firearm.

Jennifer Monroe will meet with you to review your case and your background and to help you resolve the problems you are having at the home that lead to your arrest or brought you before the court. She wants to get you and your relationship back on the right track, or in some cases help you end the relationship. Depending on the facts of your case, if this is your first domestic violence offense you may qualify for an office hearing, diversion, probation, or community service instead of jail if your case is in Los Angeles County. If your case is in Ventura County Jennifer Monroe has been successful obtaining straight dismissals. Jennifer Monroe will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Burglary – California Penal Code 459 pc
Burglary requires that you entered a house, store, or any structure with the intent to steal or commit another felony offense.
There are two degrees of burglary. First degree burglary occurs when someone enters a residence with the intent to steal or commit another felony. Second degree burglary is all other types of burglary.

First Degree Burglary is a felony in violation of California Penal Code 459 pc. First Degree Burglary is a strike offense and punishable up to six years in state prison.

Second Degree Burglary is a felony wobbler which means it may be reduced to a misdemeanor by the judge or prosecutor. Second Degree Burglary is punishable up to three years in jail.

Other penalties for Burglary include a protective order restraining you from the victim and location, submit your person, home, and vehicle to search and seizure for stolen property with or without a warrant, and restitution to the victim for damages or losses.

You may be eligible for a dismissal, reduced charge, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Possession of Dangerous Weapons / Possession of a Dirk or Dagger – California Penal Code 12020 pc
Many concealed weapons are illegal to possess in violation of California Penal Code 12020(a)(1) pc. For example, having any of the following items in your possession is a violation of carrying a concealed weapon: billyclub, throwing star, nunchucks, short-barreled shot gun, metal knuckles, and cain sword. (See Penal Code Section 12020 for a complete list).

In addition, certain knives, also known as dirks or daggers are prohibited from being carried concealed on your person in violation of California Penal Code 12020(a)(4).

Violations of California Penal Code 12020(a)(1) and 12020(a)(4) pc are felonies but may be reduced to a misdemeanors by the judge or prosecutor because it is a wobbler. These offenses are punishable up to 3 years in state prison. The court will also require the weapon be destroyed and that you do not possession any weapons if granted probation.

You may be eligible for a dismissal, reduced charge, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Check Fraud / Counterfeiting / Forgery – California Penal Code 470 pc, 472 pc, 475 pc, 470 pc, 476 pc
These crimes involve altering, possessing, counterfeiting, or passing checks belonging to another or public seals; knowingly passing a bad check of yours or someone; and signing in the name of another with the intent to commit fraud.

These crimes are felonies, but with the exception of counterfeiting, these crimes may be reduced to a misdemeanor by the judge or prosecutor.
These crimes are all punishable up to 3 years, with the exception of counterfeiting that is punishable up to 4 years in jail. The court will also order restitution if there was a loss to the victim.

You may be eligible for a dismissal, reduced charge, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Child Endangerment / Corporal Injury to a Child – California Penal Code 273a pc, 273d pc
Child abuse charges in violation of California Penal Code 273a pc and 273d pc include physical and mental abuse, as well as allowing a child to be placed in a situation where his or her person or health may be endanger.

Child abuse charges can be prosecuted as a misdemeanor or felony. They are punishable by jail, and fines. The court will also order a protective order and parenting classes.

You may be eligible for a dismissal, diversion, probation, or community service instead of county jail or state prison. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Criminal Threats – California Penal Code 422pc
A criminal threat involves a willful threat to commit a crime that will result in death or great bodily injury.

A criminal threat is a felony violation of California Penal Code 422 pc and is a strike offense but may be reduced to a misdemeanor by the judge or prosecutor because it is a wobbler. A criminal threat is punishable up to 3 years in state prison. If reduced to a misdemeanor the strike consequences are avoided. The court will also order a restraining order.

You may be eligible for a dismissal, reduced charge, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Disturbing the Peace – California Penal Code 415 pc
Disturbing the peace requires unlawfully fighting in public, maliciously and willfully disturbing the peace of someone else, or using offense words in public.

Disturbing the peace is a misdemeanor punishable up to 3 months in county jail and or a $400 fine plus mandatory penalty assessments and fees. After mandatory penalty assessments and fees a $400 fine could cost you almost $1,500. The court will also order a restraining order and restitution if appropriate.

Disturbing the peace is often used as a reduced charge because it carries one of the lowest possible misdemeanor sentencing ranges and can even be reduced to an infraction.

You may be eligible for a dismissal, reduction to an infraction, diversion, fine only, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Driving Without a License / Driving on a Suspended License – California Penal Code 12500 vc, 14601 vc
Driving without a valid license and driving on a suspected license are misdemeanors. First time offenders face up to 6 months in jail and heavy fines. Second offenders who drive on a suspended license face up to a year in jail and larger fines.

You may be eligible for a dismissal, reduction to an infraction, fine only, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Help you get your license back.
  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Driving Under the Influence – California Penal Code 23152 vc, 23153 vc
Driving under the influence also known as DUI and DWI requires that the prosecution prove you were driving a vehicle while under the influence of alcohol and/or drugs. There are presumptions that you were under the influence if your blood alcohol content was .08 or higher. But these are rebuttable presumptions, so even if your BAC level was over .08, you may still have defenses. Contact Jennifer Monroe to see how she can defend you.

Driving under the influence can be prosecuted as a misdemeanor or a felony. Most DUI’s are misdemeanors. However, you are facing a felony DUI if you:

  • Caused an accident that resulted to injuries to another person,
  • Have three or more DUI’s in the last 10 years
  • Have a prior felony DUI or manslaughter conviction in the last 10 years. 

DUI PENALTIES

First time DUI’s are prosecuted as misdemeanors and carry up to six months in jail, three years of probation, fines, mandatory alcohol classes ranging from 3 to 9 months long, and a 6 month license suspension. Contact Jennifer Monroe to see if you are eligible for a restricted license.
In Los Angeles County you will also be required to install an Ignition Interlock Device, known as an IID for 5 months. In Ventura County the IID is not required in all first offense DUI cases. An experienced criminal defense attorney in Ventura County can negotiate no IID.

Second time DUI’s are prosecuted as misdemeanors, and carry a minimum of 96 hours to a year in jail, five years of probation, fines, mandatory alcohol classes from 18 to 30 months long, and a 2 year license suspensions. Contact Jennifer Monroe to see if you are eligible for a restricted license.

In Los Angeles County you will also be required to install an Ignition Interlock Device, known as an IID for 12 months. In Ventura County the IID is not required in all second offense DUI cases. An experienced criminal defense attorney in Ventura County can negotiate no IID.

Third time DUI’s are prosecuted as misdemeanors, and carry a minimum of 180 days to 1 year in jail, five years of probation, fines, alcohol classes from 18 to 30 months long if not already completed, and a license revocation from 3 to 10 years. Contact Jennifer Monroe to see if you are eligible for a restricted license. IID will be required.

Felony DUI’s, Fourth time DUI’s, DUI with a prior felony DUI, DUI’s that caused an injury are facing up to three years in jail, fines, alcohol classes from 18 to 30 months long if not already completed, and a license revocation from 3 to 10 years. Contact Jennifer Monroe to see if you are eligible for a restricted license. IID will be required.

ADDITIONAL DUI PENALITIES: for misdemeanor and felony DUI’s
DMV Points on Your Driving Record:
All convictions for driving under the influence/DUI result in two points on your driving record. The points will stay on your record for three years. After three years the points will no longer be on your record. However, the conviction will remain on your record for 10 years. During those 10 years the conviction is considered “prior able” meaning that it will be used against you to enhance the penalties on any subsequent DUI you receive in the 10 year period. The enhanced penalties for multiple DUI’s are explained above.

Zero Tolerance and DUI’s:
All persons convicted of a DUI and placed on DUI probation are subject to California’s Zero Tolerance while on DUI Probation law. The law essentially states if you are on DUI probation then you are NOT to drive with ANY measurable alcohol in your system. If stopped by a police officer while driving and you blow a .01 or more then you are in violation of your probation. The officer will file paperwork with the DMV advising them you were driving with alcohol in your system. The DMV will then take action against your license and suspended your license for 1 year. You will not be eligible for a restricted license during this time.

Commercial Truck Drivers:
Commercial Truck Drivers convicted of a first time DUI in any vehicle will be prohibited from operating a commercial vehicle for one year. If convicted of a second or subsequent DUI in any vehicle the DMV will prohibit Commercial Truck Drivers from every operating a commercial vehicle again.

Minors: Under 21 years Old:
If you are under the age of 21 at the time of the DUI arrest, your driver’s license will be suspended for 1 year. During that one year you are ineligible for a restricted license. However, you may be eligible for a restricted license due to hardship. Contact Jennifer Monroe to see if you are eligible.

You may be eligible for a dismissal or lesser charge, diversion, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Drunk in Public – California Penal Code 647 pc
Drunk in public requires that you were under the influence of alcohol or drugs and were unable to care for your safety or the safety of others.
Drunk in public is a misdemeanor violation of California Penal Code 647 pc punishable up to 6 months in local jail and or a $1,000 fine plus mandatory penalty assessments and fees. After mandatory penalty assessments and fees a $1,000 fine could cost you almost $4,000.
You may be eligible for a dismissal, diversion, reduced charge, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Embezzlement / Employee Theft – California Penal Code 484 pc, 487 pc, 503 pc
Embezzlement is a form of theft and is commonly known as employee theft. This type of theft requires the fraudulent appropriation of property (real, personal, or money) from an employer or someone who entrusted the property with you.

Embezzlement theft is prosecuted as a misdemeanor if the loss is under $950 to the victim. If the loss is greater than $950 during a 12 month period then the theft is prosecuted as a felony, but is a wobbler and may be reduced to a misdemeanor by the judge or prosecutor.

A misdemeanor violation of this type of theft is punishable up to 6 months in local jail and or a $1,000 fine plus mandatory penalty assessments and fees. After mandatory penalty assessments and fees a $1,000 fine could cost around $4,000.

A felony violation is punishable by up to 3 years in jail and or a $10,000 fine plus mandatory penalty assessments and fees depending on the type of theft.

The court will also order a restraining order and restitution.

You may be eligible for a dismissal, reduced charge, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Ex-felon Possession of Firearm or Ammo – California Penal Code 12021 pc
Commonly known as ex-con with a gun. Persons convicted of felonies are prohibited from possessing firearms or ammunition.
Possession of a firearm by an ex-felon is a felony and is punishable up to 3 years in jail. The court will also order the weapon destroyed.
You may be eligible for a dismissal, reduced charge, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Identity Theft California Penal Code 529 pc, 530 pc
Identity theft is a newer form of theft and can manifest itself in the form of false personation, credit card fraud, forgery, and theft by false pretenses to name just a few examples. The law is constantly changing to keep up with the new wave in identity theft crime. Please contact Jennifer Monroe to review the facts of your case to determine what consequences you may face.

Most identity theft crimes are felonies and punishable by jail and large fines. Some may be reduced to misdemeanors.

The law is constantly changing to keep up with the new wave in identity theft crime. Please contact Jennifer Monroe to review the facts of your case to determine what consequences you may face. You may be eligible for a dismissal, reduced charge, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Infractions

California Penal Code 415 pc, 484 pc, 485 pc, 490.1 pc, 853.7 pc, 602 pc, 555 pc
California Vehicle Code 12500 vc, 40508 vc, 14601 vc, 23109 vc

Most traffic moving violations are infractions. For example, if you were stopped for speeding or running a red light you received a ticket for an infraction. However, if you have multiple violations in twelve months the prosecutor could file a misdemeanor against you.

The following crimes are misdemeanors but may be reduced to an infraction by the judge or prosecutor:

Penal Code

  • Disturbing the peace in violation of California Penal Code 415 pc,
  • Petty theft under $50 in violation of California Penal Code 484 pc and 490.1 pc,
  • Failure to return lost property in violation of California Penal Code 485 pc,
  • Failing to appear in court in violation of California Penal Code 853.7 pc,
  • Some forms of trespass in violation of California Penal Code 602 pc and 555 pc, and
  • exhibition of speed, driving without a license, and driving on a suspended license.

Vehicle Code

  • Driving without a driver’s license in violation of California Vehicle Code 12500 vc,
  • Failing to appear on a traffic citation in violation of California Vehicle Code 40508 vc,
  • Driving with a suspended driver’s license privilege in violation of California Vehicle Code 14601 vc, and
  • Reckless driving in violation of California Vehicle Code 23109 vc

Most infractions are punishable by up to a $250 fine that could cost almost a $1,000 after mandatory penalty assessments and fees.
You may be eligible for a dismissal, diversion, probation, or community service instead of large fines. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Municipal Code Violations
Cities and Counties have many code sections regulating citizens, visitors, and businesses. Municipal Code Violations include regulations of conduct, weapons, noise, building, driving, business licenses, sidewalks, roadways, and any other problem area affecting local cities or counties.
Most Municipal Code Violations are misdemeanors and can be punished by up to 6 months in jail and or fines. Municipal Code violations can be reduced to an infraction by the judge or prosecutor.

You may be eligible for a dismissal, diversion, probation, or community service instead of county jail. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Petty Theft / Petty Theft with Priors – California Penal Code 490.1 pc, 484 pc, 666 pc
Petty Theft requires taking or stealing the personal property of another.

  • If the amount taken is $50 or less then the prosecutor can file a misdemeanor or an infraction in violation of California Penal Code 484 pc as a misdemeanor or California Penal Code 490.1 pc as an infraction.  Most infractions are punishable by up to a $250 fine that could cost almost a $1,000 after mandatory penalty assessments and fees.  Misdemeanor petty theft is described below.
  • If the amount taken is $950 or less then it is considered petty theft and a misdemeanor.  A misdemeanor violation of petty theft is punishable up to 6 months in local jail and or a $1,000 fine plus mandatory penalty assessments and fees.  After mandatory penalty assessments and fees a $1,000 fine could cost you almost $4,000. 
  • If you have a prior theft conviction of any kind then it is considered petty theft with a prior and a felony but may be reduced to a misdemeanor by the judge or prosecutor because it is a wobbler. A felony of petty theft with a prior is punishable up to 3 years in jail.

The court will also order a restraining order from the location or victim, submit your person, home, and vehicle to search and seizure for stolen property with or without a warrant, and restitution in theft cases.

You may be eligible for a dismissal, reduced charge, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Probation Violations California Penal Code 1203.2 pc
If you are on probation and failed to complete a condition of probation (i.e. a alcohol class, drug program, counseling program, missed a court date, or failed to pay you fine), or committed a new offense, then you are in violation of your probation.

There could be a warrant out for your arrest. Probation violations warrants are issued by the court if:

  • You fail to appear at a court appearance.
  • Failed to enroll in your program.
  • Dropped out or were kicked out of your program (the programs inform the court).
  • Or at the request of the prosecutor for committing a new offense. 

These warrants are issued without any notice to you.
If there is a warrant out for your arrest you can be arrested at any time by police officer and taken to jail.

If you think you may have a warrant out for your arrest, contact Jennifer Monroe immediately, she will find your warrant for you. She can also walk you into court on your warrant and fight to keep you out of jail, and save you the inconvenience and embarrassment of being dragged into court in handcuffs by the Sheriff.

Possession of Controlled Substance/Drugs – California Health and Safety Code 11350 hs, 11377 hs, California Business and Professions Code 4060 bp
Simple possession of Methamphetamine, Cocaine, Heroin, Ecstasy, or and any prescription medication not proscribed to you requires possession or control, or had the right to control the controlled substance.

Simple possession of Methamphetamine, Cocaine, Heroin, are Ecstasy are felonies violations of Health and Safety Code 11350 hs and 11377 hs and punishable up to 3 years in jail.

Possession of a prescription medication is a misdemeanor violation of Business and Professions code 4060 bp, and punishable up to six months in jail.

You may be eligible for a dismissal or lesser charge that qualifies you for a drug program or other jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Possession for Sale of Controlled Substance/Drugs – California Health and Safety Code 11351 hs, 11378 hs
Possession for Sale of Methamphetamine, Cocaine, Heroin, or Ecstasy requires possession or control or the right to control the controlled substance with the intent to sell the controlled substance.

Possession for Sale of a Methamphetamine, Cocaine, Heroin, or Ecstasy are felony violations of California Health and Safety Code 11351 hs, 11378 hs and are punishable up to 4 years in jail. There are also weight enhancements that can result in additional years in jail.

You may be eligible for a dismissal or lesser charge that qualifies you for a drug program or other jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Sale of a Controlled Substance/Drug / Transportation of a Controlled Substance/Drug – California Health and Safety Code 11352 hs, 11379 hs
Sale of Methamphetamine, Cocaine, Heroin, or Ecstasy is often proved when an officer observes a drug sale take place or an undercover officer or informant makes a controlled buy from someone who sells drugs.

Transportation of Methamphetamine, Cocaine, Heroin, or Ecstasy only requires that the drugs are inside a vehicle and the vehicle is moved from one place to another. As soon as you pull out of your driveway a cop could stop you and if drugs were located in the vehicle you could be charged with Transportation even if you only had a small amount.

Sale or transportation of Methamphetamine, Cocaine, Heroin, or Ecstasy are felony violations of California Health and Safety code 11352 pc, or 11379 pc punishable up to 5 years in jail. There are also weight enhancements that can result in additional years in jail.

You may be eligible for a dismissal or lesser charge that qualifies you for a drug program or other jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Possession or Use of a Credit Card without Consent – California Penal Code 484 pc, 530.5 pc
Possession with the intent to use or actual use of someone else’s credit card or credit card information are felony wobblers and can be prosecuted as misdemeanors or a felonies.

A misdemeanor violation of this type of crime is a violation of California Penal code 484 pc and punishable up to a year in local jail and or a fine up to $1,500 plus mandatory penalty assessments and fees. After mandatory penalty assessments and fees a $1,000 fine could cost you almost $5,000.

A felony violation of this type of crime is a violation of California Penal code 530.5 pc and punishable up to 3 years in jail and or a fine up to $10,000 which could be substantial after mandatory penalty assessments and fees.

You may be eligible for a dismissal, reduced charge, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Possession of Drug Paraphernalia – California Health and Safety Code 11364 hs, California Business and Professions Code 4160 bp
Possession of drug paraphernalia includes the possession of crack pipes or other drug paraphernalia to use, ingest, or inject a controlled substance such as methamphetamine, cocaine, or heroin.

Possession of drug paraphernalia is a misdemeanor violation of California Health and Safety Code 11364 hs or California Business and Professions Code 4160 bp and is punishable up 6 months in local jail.

You may be eligible for a dismissal or lesser charge that qualifies you for a drug program or other jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Possession of Marijuana or Concentrated Cannabis – California Health and Safety Code 11357 hs
Possession of Marijuana requires possession or control or the right to control the marijuana or cannabis.

Possession of less than an ounce (28.5 grams) of marijuana is an infraction in violation of California Health and Safety Code 11357(b) hs and is punishable by a fine.

Possession of more than an ounce (28.5 grams) of marijuana is a misdemeanor in violation of California Health and Safety Code 11357(c) hs and is punishable by up to 6 months in jail and or a fine.

Possession of Concentrated Cannabis is a felony in violation of California Health and Safety Code 11357(a) hs and is punishable by up to1 year in jail.

You may be eligible for a dismissal or lesser charge that qualifies you for a drug program or other jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Possession for Sale of Marijuana – California Health and Safety Code 11359 hs
Possession of for Sale of Marijuana requires possession or control or had the right to control the marijuana with the intent to sell.

Possession for Sale of Marijuana is a felony violation of California Health and Safety Code 11359 hs punishable up to 3 years in jail.

You may be eligible for a dismissal or lesser charge that qualifies you for drug diversion classes, probation, or local jail instead of state prison. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Sale of Marijuana / Transportation of Marijuana – California Health and Safety Code 11360
Sale of Marijuana is often proved when an officer observes a drug sale take place or an undercover officer or informant makes a controlled buy from someone who sells marijuana.

Transportation of Marijuana only requires that the drugs are inside a vehicle and the vehicle is moved from one place to another. As soon as you pull out of your driveway a cop could stop you and if marijuana is located in the vehicle you could be charged with Transportation even if you only had a small amount.

Sale or transportation of Marijuana is a felony violation of California Health and Safety Code 11360 and is punishable up to 4 years in jail.

You may be eligible for a dismissal or lesser charge that qualifies you for a drug program or other jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Possession of Stolen Property – California Penal Code 496 pc
Possession of Stolen Property requires buying or receiving any property that has been stolen and concealing that property from the rightful owner. Possession of stolen property also applies if you stole the property but the prosecution can’t prove you stole it, just that you possessed it.

Possession of Stolen Property is a felony but is a wobbler and may be reduced to a misdemeanor by the judge or prosecutor.

Possession of Stolen Property is punishable up to 3 years in jail.

You may be eligible for a dismissal, reduced charge, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Possession of Firearms – California Penal Code 12025 pc, 12031 pc
Carrying a concealed firearm in a vehicle or on your person in a public place is a felony but in some cases may be reduced to a misdemeanor by the judge or prosecutor.

Unlawful possession of a firearm described above is punishable up to 3 years in state prison. The court will also order the firearm destroyed.

You may be eligible for a dismissal, reduced charge, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Reckless Driving – California Vehicle Code 23103 vc
Reckless Driving involves driving erratically, disobeying the rules of the road, and disregarding the safety of others.

Reckless Driving is a misdemeanor punishable by mandatory local jail and a fine. Conviction for this offense also results in points on your driving record.

You may be eligible for a dismissal, reduced charge, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  •  Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Resisting or Delaying a Peace Officer – California Penal Code 148 pc
Resisting or delaying a peace officer requires willful resisting, delaying, or obstructing of any police officer in the performance of their duties.

Resisting or Delaying a Peace Officer is a misdemeanor punishable up to 1 year in local jail and or a $1,000 fine plus mandatory penalty assessments and fees. After mandatory penalty assessments and fees a $1,000 fine could cost you almost $4,000.

You may be eligible for a dismissal, reduced charge, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Robbery – California Penal Code 211 pc
Robbery requires stealing or taking the personal property of another by force or threat of force from his or her person or immediate presence.
Robbery is a felony strike offense and punishable up to 9 years in state prison.

You may be eligible for a dismissal, reduced charge, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Trespass – California Penal Code 602 pc, 602.1 pc, 602.5 pc
There are many forms of trespass. In general, trespass requires being on someone else’s property without permission, and refusing to leave. Trespass can also involve interfering with someone else’s business or entering a residence without permission.

Trespass is a misdemeanor punishable up to 1 year in local jail and or a $2,000 fine plus mandatory penalty assessments and fees. After mandatory penalty assessments and fees a $1,000 fine could cost you almost $4,000.

The court will also order a restraining order and restitution if any damage occurred.

You may be eligible for a dismissal, reduced charge, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Under the Influence of Controlled Substance or Drugs – California Health and Safety Code 11550 hs
Under the influence of a controlled substance such as methamphetamine, cocaine, or heroin is a misdemeanor.

Being under the influence of a controlled substance or drugs is a misdemeanor violation of California Health and Safety Code 11550 hs. Unlike most misdemeanors this crime carries a mandatory minimum of 90 days in jail and a maximum of 1 year in county jail.

You may be eligible for a dismissal or lesser charge that qualifies you for a drug program or other jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Vandalism – California Penal Code 594 pc
Vandalism requires maliciously defacing with graffiti, damaging, or destroying any real or personal property of another.

Vandalism that causes under $400 in damage is a misdemeanor punishable up to 1 year in local jail and or a $1,000 fine plus mandatory penalty assessments and fees. After mandatory penalty assessments and fees a $1,000 fine could cost you almost $4,000.

Vandalism that causes damage over $400 is a felony but may be reduced to a misdemeanor by the judge or prosecutor. Felony vandalism is punishable up to 3 years in state prison and or a $10,000 fine plus mandatory penalty assessments and fees.

The court will also order a restraining order and restitution for any damages or the cost to clean up the graffiti.

You may be eligible for a dismissal, reduced charge, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Violation of Protective Order – California Penal Code 166 pc
Violation of a protective order requires the willful disobedience of the terms of a court that restrains or regulates contact between two people.

Violation of a protective order is a misdemeanor punishable up to 1 year in local jail. Depending on the type of violation, a $5,000 plus mandatory penalty assessments and fees may apply.

The court may also order another criminal restraining order.

You may be eligible for a dismissal, reduced charge, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:

  • Fight to protect your rights.
  • Research the defenses that apply to your case.
  • Initiate investigation to prove you are innocent.
  • Review the facts with you to determine if a lesser charge is appropriate. 
  • Present mitigating factors about you and your case to the judge and prosecutor.
  • Negotiate the best possible result for your case.

Los Angeles and Ventura County Criminal Defense Attorney
Call Jennifer Monroe directly at (805) 501-1880 for immediate assistance with your case for a Free Consultation.

Contact Us now to see how Jennifer Monroe can help defend you.