Pasadena Criminal Defense Attorney

While Assault is an unlawful attempt or threat, together with the present ability, to commit a violent injury on someone else” BATTERY is when someone actually carries out the threat and 1.willfully and unlawfully   2.uses force or violence   3.against another person.

You can be guilty of California battery, even if you didn't cause the “victim” pain or injury of any kind. All that matters is that you touched him/her in an offensive way.

While Simple Battery is a violent crime, depending on the facts and circumstances, one manner in which to resolve a Battery charge is through participation in a Diversionary program or Prosecutors office hearing.                                                                                    

Some recognized Legal Defenses to Battery arise when your actions are in:

Self Defense or the Defense of Others,

The result of an Accident should you touch someone in a crowded area or,

Consent, as when you might be involved in an activity that accepts some risk of battery, like participating in a contact sport. Defense of self or others: Using appropriate levels of force to defend yourself or other people against injury and/or criminal activities cannot be considered battery.

As well, there are other Related Battery Offenses which are generally of a more serious nature that include but are not limited to:

Aggravated Battery or Battery causing serious bodily injury

Assault

Assault with a Deadly Weapon

Assault with a Firearm

Domestic Battery

Sexual Battery

Battery against an Elder or Dependent Adult

If you have been arrested but no charges were filed or have been arrested but not convicted of a crime AND those old criminal charges still haunt you when you apply for a job, a loan or constantly coming up on a background check, a Petition to Destroy and Seal your Arrest Record would benefit you immensely, having law enforcement agencies eliminate all records pertaining to your arrest.  Call Michele to discuss whether you qualify to petition the court to seal and destroy your criminal record forever. 

My first assignment as a Deputy Public Defender was supervising a DUI court.  From that time, I have represented my own clients charged with a DUI (driving under the influence) while contracting my services with several DUI firms.  Unfortunately a DUI arrest can happen to anyone that drives the roadway or is in the wrong place at the wrong time.  Moreover, DUI’s with their related DMV action can result in potential license loss, probation, fines, alcohol classes and an ignition interlock device.  It can basically adversely affect every area of your life.  But DUI charges can be successfully defended whether it is to attack the probable cause to stop you, the lawfulness of the arrest, the accuracy of the alcohol testing and administration of field sobriety tests, a proper admonishment of your choice of chemical test or possibly the identity of the driver of the vehicle in cases where there was an accident.  It is critical to Michele on board to discuss the facts of your case, consequences you might be facing, scheduling of your DMV hearing, laying out the investigation necessary beyond the initial police report, strategy employed once your case is filed in court and guidance to navigate through the DMV administrative proceedings and criminal process.

A case starts when the police cite or arrest someone and write a report that summarizes the events leading up to the arrest or citation and provides witnesses’ names and other relevant information.  A client generally does not have a right to get a copy of the arrest report until their lawyer can obtain it in court.  The main reason for this is to protect the identity of witnesses.  It is the prosecuting agency that then decides whether to file charges and, if so, what charges to file. The prosecutor decides whether to charge the crime as a felony or a misdemeanor. The prosecutor can file charges on all of the crimes for which the police arrested the defendant or can decide to file fewer charges or more charges than were included in the arrest report.

Retaining a lawyer as soon after you are arrested so that they can gather your side of the story and any relevant evidence affords your attorney the opportunity to confer with the prosecutor in advance to provide input as to how your case is filed or if it is filed.

Sex crimes, if convicted, such as rape, child pornography, lewd conduct, prostitution, indecent exposure or molestation carry significant and severe consequences.  While not only facing imprisonment, fines and probation, you will also be required to register as a sex offender for life. Requirement to register as a sex offender will haunt you for the rest of your life.  Most often in such cases as well, an initial investigation ensues where law enforcement attempts to contact you in an effort to gather further evidence.  Retaining a criminal defense attorney before sex charges are filed is imperative to guide and assist you through the investigative and court process.

If you are facing an ASSAULT charge pursuant to California Penal Code section 240, it is not necessary to make any physical contact with another person, or cause any injury, to be charged and convicted with simple assault.  Crimes such as “Assault and Battery” are commonly phrased together however an “assault” can be charged separately.  An assault can be committed without a “battery” because it is the act of threatening to cause physical harm with a present ability to cause said harm.   A key element of assault crimes is that the accused individual must have had the ability to actually carry out the act, rather than empty threats that couldn't be acted upon.

Building your defense from the initial stages of your case is essential.  Whether you might have been acting in Self-Defense or the Defense of others, were NOT the Aggressor in the situation or did not have that ability to carry out the act of force or violence on another person, Michele Ferroni will consult with you personally on your case from beginning to end and guide you to defend or mitigate your case to an outcome most favorable to you.

I have been dedicated to criminal defense work since the start of my legal career as a Public Defender, gaining intensive experience in the courtroom every day and rapidly building expertise, then extending my career to the private sector where I could commit individualized attention to my clients rather than be saddled with an enormous caseload with time constraints and have the ability to work beyond the courtroom assisting my clients with related administrative DMV and Licensing matters.

Drug crimes occur frequently. Unless you take steps to defend yourself against a drug charge, you can suffer severe penalties to include registering as a drug offender and having a conviction on your criminal record forever. A criminal record will show up whenever you are required to pass a background check for employment, state licensing, housing or credit.

Most narcotics offenses are felony crimes with only a few permitted to be charged as misdemeanors. However, depending on your situation, you may be eligible for a diversion program or alternative sentencing under the PC 1000 Drug Diversion program or Proposition 36.

Also falling under the umbrella of Drug Offenses are Landlords in Los Angeles who are leasing their properties to Medical Marijuana Businesses (MMB). Landlords could be subject to penalties and a criminal conviction if the MMB is not compliant with Proposition D. However, the law does allow first time offenders charged with these violations to be eligible for a Diversion program which the Court has discretion to allow even if the prosecutor objects to it.

At the other end, serious felony drug offenses generally carry a prison sentence. It is important in any narcotics case to obtain zealous, knowledgeable representation. Possible consequences can become aggravated depending on the type of drugs involved, the quantity and whether any firearms are involved.

See the “DRUG OFFENSES” part of our website for more specific information.

Convictions in California are not automatically expunged with the passage of time, but require the filing and granting of an Expungement Petition to the Court.   Most misdemeanors and infractions can be expunged (dismissed) from your record while only some felonies are eligible for dismissal.  After a successful grant of probation, early termination of probation or a year’s passage of time for infractions, you can become eligible for an expungement.  One of the most important benefits to obtaining an expungement is to assist in securing employment.  This is most critical in today's economy where finding a job is more challenging and competitive than ever.   Getting an expungement allows you to state that you have a clean criminal record.  While there are numerous other benefits, it can also be helpful in securing a state professional license and assist with preventing immigration consequences such as deportation.

Probation violations can occur whether you are placed on informal misdemeanor probation or formal felony probation. If you are accused of violating probation you are allowed to have a hearing before a judge to make that determination. Generally, violations occur when a term of probation has not been completed such as court ordered classes, community service, community labor, county jail or allegations that a new crime has been committed.
Depending on the circumstances of your case, some of the sentencing options for a judge at your probation violation hearing may be to:

Reinstate your probation on the same terms and conditions,
Modify and add to the terms of your probation or,
Revoke your probation and impose jail.

BURGLARY, ROBBERY, EMBEZZLMENT, FRAUD, PETTY/GRAND THEFT

Theft can fall under different Penal Code sections depending on the circumstances of the offense. Theft can be Petty or Grand Theft, Check forgery, Grand Theft Auto, Receiving stolen property, Robbery, Burglary –Residential or Commercial, to name a few. 

Theft offenses are considered Crimes of Moral Turpitude. Moral turpitude is generally defined   as "conduct that is considered contrary to community standards of justice, honesty or good morals.”

Why are offenses categorized as Moral Turpitude crimes Important?  Having been convicted or being involved in conduct constituting Moral Turpitude, such as Theft, has significance in several areas of law most notably it can bear serious consequences on state licensing issues and immigration.  Such offenses involving moral turpitude may be grounds to deny or revoke state professional licenses such as teaching credentials, licenses to practice law or other licensed profession. While Theft is rarely the most serious of crimes, many employers cannot hire someone convicted of a Moral Turpitude crime such as Theft.    It is also of great importance for immigration purposes in the United States, Canada, and some other countries, since offenses which are defined as involving moral turpitude are considered bars to immigration into the U.S

Such crimes can adversely affect so many aspects of one’s life, presently and in the future so it is important to hire an experienced, well-established criminal defense lawyer to plan your defense and present your case to the prosecutor and in court so as to minimize any adverse consequences to you and your life.