Is Using a Stolen Credit Card Eligible for Prop 47 Relief?

As the reader may know, Proposition 47 only applies to certain minor drug possession charges an minor theft cases involving $950 or less.  The applicant also must be personally eligible, i.e. he cannot have certain prior convictions.  Commercial burglary is not eligible because one has the intent to steal before entering the store, whereas petty theft is, as the presumption is the intent involved with petty theft is more spontaneous or even formed once the thief is in the store.  Is using a stolen credit card eligible for Prop 47?  To find out, click on the following link.

What Is Extortion or Blackmail? The Defenses? The Punishment?

The terms blackmail and extortion are used liberally to describe a wide variety of things.  What exactly is extortion?  What is blackmail?  What are the defenses and punishment to each charge?  Is it a felony?  To read answers to these questions, click on the following link.

What Is Check Kiting? The Defenses? The Punishment?

Check kiting was a glamorized crime reserved for sophisticated criminals in the 1960’s, but it still does occur nowadays, as our office has represented a few clients on this charge.  What must the prosecution prove? What are the defenses? What is the punishment?  For answers to these questions, please click on the following link.

What Is Child Abuse? The Defenses? The Punishment?

Are you or a family member accused of violating Penal Code § 273a(b)?  Was the conduct just disciplining the child?  Or was it more?  Was the child given medical treatment?  How much?  What are the defenses?  What is the punishment?  To read answers to all these questions, click on the following link.

Is Possession of Counterfeit Money Subject to Prop 47?

Heath Maynarich was caught while trying to buy something with three counterfeit $50 bills.  He was later convicted of forgery, Penal Code § 475, a felony.  After Proposition 47 passed, allowing certain felons convicted of specified felonies to seek resentencing of the convictions as misdemeanors, Maynarich sought resentencing, too.  However, § 475 is not one of the specified offenses.  Maynarich instead argued that his offense was really check forgery, which was eligible for resentencing.  How did the court rule on this?  Click on the following link to find out.

Is Felony Evading Arrest Subject to AB109 and County Jail?

Ryan Butcher was convicted in the Inglewood Superior Court of violating Penal Code § 2800.2(a), felony evading a police officer.  He was sentenced to a three years joint suspended sentence and placed on three years of formal probation.  While on probation, he picked up a new case and his probation was revoked.  Did he serve his prison sentence in prison or county jail under AB109?  The answer may surprise you.  Click on the following link to find out.

What Is Battery? What Are the Defenses? Punishment?

Are you accused of battery, or is a friend or family member accused of this?  Naturally, one wants to know what the punishment can be.  What are the valid defenses?  What if one was disciplining a child?  What about self-defense?  If the prosecutor alleges serious bodily injury resulted, how is serious bodily injury defined?  To read answers to each of these questions, please click on the following link.