California Criminal Defense Attorney

Criminal Defense Representation When Your Future Is at Stake

Being arrested or charged with a crime can affect your freedom, employment, professional reputation, family, and future. A criminal charge, however, is not the same as a conviction. The prosecution must prove the charges against you, and the evidence and circumstances surrounding the case should be carefully examined.

At R Fenn Law, we represent individuals facing serious criminal allegations in California. We review the facts, police reports, witness statements, physical evidence, video evidence, and circumstances surrounding an arrest to identify defenses, weaknesses in the prosecution's case, and available legal options.

Our criminal defense practice includes representation involving serious felony and misdemeanor charges, including:

• Murder and homicide charges
• Manslaughter
• Assault with a deadly weapon
• Assault likely to cause great bodily injury
• Robbery
• Burglary
• Shoplifting
• Other misdemeanor and felony criminal charges

Every criminal case is different. The defense strategy should be based on the evidence and circumstances of the individual case.

Murder Charges in California — Penal Code § 187

California Penal Code § 187 defines murder as the unlawful killing of a human being, or a fetus under circumstances covered by the statute, with malice aforethought.

A murder charge is among the most serious criminal charges a person can face in California.

The circumstances of an alleged homicide can raise numerous legal and factual questions, including:

• Whether the defendant caused the death
• Whether the killing was intentional
• Whether malice can be established
• Whether the defendant acted in self-defense or defense of another person
• Whether the evidence supports murder or a lesser offense
• Whether eyewitness testimony is reliable
• Whether forensic evidence supports the prosecution's theory
• Whether statements made to law enforcement were legally obtained
• Whether another person may have been responsible

The prosecution must prove each required element of the offense beyond a reasonable doubt.

A murder investigation may involve forensic evidence, medical evidence, witness testimony, digital records, surveillance footage, telephone records, DNA evidence, and statements allegedly made by the accused.

Because of the severity of a murder charge, the evidence should be carefully reviewed as early as possible.

Manslaughter Charges in California — Penal Code § 192

California Penal Code § 192 generally defines manslaughter as the unlawful killing of a human being without malice.

California law recognizes different forms of manslaughter, including:

Voluntary Manslaughter

Voluntary manslaughter can involve a killing committed during a sudden quarrel or heat of passion when the legal requirements for the offense are satisfied.

Involuntary Manslaughter

Involuntary manslaughter can involve an unintentional killing resulting from certain unlawful conduct or from lawful conduct performed without appropriate caution.

Vehicular Manslaughter

California law separately addresses forms of manslaughter involving the operation of a motor vehicle.

The distinction between murder and manslaughter can be extremely important. Whether the prosecution can establish malice, intent, causation, or other required elements may affect the nature and seriousness of the charges.

Assault With a Deadly Weapon — Penal Code § 245(a)(1)

California Penal Code § 245(a)(1) addresses assault upon another person with a deadly weapon or instrument other than a firearm.

An allegation involving a deadly weapon can result in serious criminal consequences.

Objects that are not ordinarily considered weapons may sometimes become part of an assault-with-a-deadly-weapon allegation depending on how they allegedly were used.

Potential issues in an assault case may include:

• Whether an assault actually occurred
• Whether the defendant acted intentionally
• Whether the object involved qualifies as a deadly weapon under the circumstances
• Whether the defendant acted in self-defense
• Whether the defendant was defending another person
• Whether witness statements are reliable
• Whether the accused has been incorrectly identified
• Whether video evidence contradicts the allegations

An accusation alone does not establish guilt. The prosecution remains responsible for proving the required elements of the offense.

Assault Likely to Produce Great Bodily Injury — Penal Code § 245(a)(4)

California Penal Code § 245(a)(4) addresses assault committed by means of force likely to produce great bodily injury.

Unlike Penal Code § 245(a)(1), a charge under this subsection does not necessarily depend on the alleged use of a particular weapon.

The prosecution may instead focus on the amount and type of force allegedly used.

Cases involving Penal Code § 245(a)(4) can arise from:

• Fights
• Physical altercations
• Punching or kicking allegations
• Group altercations
• Domestic disputes
• Incidents involving alleged significant force

Important defense questions may include who initiated the confrontation, whether the accused acted in lawful self-defense, the amount of force actually used, the credibility of witnesses, and whether available video or physical evidence supports the allegations.

Robbery Charges in California — Penal Code § 211

California Penal Code § 211 generally defines robbery as the taking of personal property from another person's possession or immediate presence, against that person's will, through force or fear.

Robbery differs from ordinary theft because the prosecution must establish the additional element involving force or fear.

A robbery investigation may therefore involve questions such as:

• Was property actually taken?
• Was the property taken from the alleged victim's possession or immediate presence?
• Was force or fear used?
• Did the defendant intend to permanently deprive the owner of the property?
• Has the correct person been identified?
• Are witness identifications reliable?
• Does surveillance footage support the accusation?
• Were statements or confessions obtained lawfully?

Robbery is a serious felony offense, and allegations involving weapons, injuries, multiple participants, or other circumstances may make a case significantly more complicated.

Burglary Charges in California — Penal Code § 459

California's burglary law is broader than simply breaking into someone's home.

Under Penal Code § 459, burglary can occur when a person enters certain buildings, structures, vehicles, or other places specified by California law with the intent to commit grand or petit larceny or another felony.

One of the key issues in many burglary cases is therefore intent at the time of entry.

Potential defense issues can include:

• Whether the defendant actually entered the property
• Whether the defendant had the required criminal intent when entering
• Whether the person had permission to enter
• Whether the prosecution can establish the intended crime
• Whether identification evidence is reliable
• Whether surveillance footage supports the prosecution's allegations
• Whether fingerprints, DNA, or other physical evidence connect the defendant to the alleged offense

Because burglary charges can involve many different factual situations, each case should be evaluated individually.

Shoplifting Charges in California — Penal Code § 459.5

California Penal Code § 459.5 defines shoplifting as entering a commercial establishment with the intent to commit larceny while the business is open during regular business hours when the value of the property taken or intended to be taken does not exceed $950.

Shoplifting is generally treated as a misdemeanor under § 459.5, although the law contains exceptions involving certain prior convictions.

Shoplifting cases may involve allegations concerning:

• Retail merchandise
• Concealment of merchandise
• Attempted theft
• Self-checkout transactions
• Changing price tags
• Leaving a store without paying
• Alleged intent to steal before entering the business

One important issue can be whether the prosecution can prove that the accused possessed the required intent when entering the commercial establishment.

A misunderstanding, mistake, or accusation by store personnel does not automatically establish criminal intent.

How Criminal Charges Can Be Defended

There is no single defense that applies to every criminal case.

A defense attorney should examine the evidence and determine which legal and factual issues apply to the particular circumstances.

Depending on the case, potential issues may include:

Lack of Evidence

The prosecution carries the burden of proving the defendant guilty beyond a reasonable doubt.

Questions about missing evidence, conflicting evidence, or unreliable testimony can therefore be significant.

Self-Defense or Defense of Others

California law recognizes circumstances in which reasonable force may legally be used to defend oneself or another person.

Whether self-defense applies depends on the facts of the individual case.

Mistaken Identity

Witnesses can make mistakes.

Identification evidence may need to be examined carefully, particularly when an accusation depends heavily on eyewitness testimony.

False Accusations

Criminal allegations sometimes arise from personal conflicts, misunderstandings, relationship disputes, financial disagreements, or other circumstances.

The credibility and motivation of witnesses can therefore become important.

Lack of Criminal Intent

Many offenses require the prosecution to establish a particular mental state or intent.

Evidence that the defendant did not possess the legally required intent may be important to the defense.

Unlawful Search or Seizure

The Fourth Amendment protects individuals against unreasonable searches and seizures.

When evidence was obtained through an unlawful search or seizure, an attorney may evaluate whether the evidence can be challenged or suppressed.

Statements Obtained in Violation of Constitutional Rights

Statements made during a criminal investigation can become important evidence.

Defense counsel may examine how statements were obtained and whether applicable constitutional protections were followed.

Problems With Witness Testimony

Witness testimony is not automatically accurate.

Potential issues can include:

• Inconsistent statements
• Bias
• Motive to lie
• Poor visibility
• Memory problems
• Intoxication
• Conflicting accounts
• Prior inconsistent statements
• Contradictions with physical or video evidence

Video and Digital Evidence

Modern criminal cases increasingly involve:

• Surveillance footage
• Cellphone video
• Body-camera footage
• Text messages
• Social media
• GPS information
• Telephone records
• Electronic communications

This evidence can sometimes support the prosecution's allegations, but it can also provide important information for the defense.

What Happens After a Criminal Arrest in California?

The exact process depends on the charge and circumstances, but a California criminal case may include several stages.

Arrest and Booking

After an arrest, a person may be booked and processed by law enforcement.

Bail or Release

Depending on the offense and circumstances, the accused may be released, required to post bail, or remain in custody pending further proceedings.

Arraignment

The arraignment is generally the first formal court appearance at which the defendant is advised of the charges and enters a plea.

Discovery and Investigation

The defense can review evidence provided by the prosecution and conduct additional investigation when appropriate.

Evidence may include police reports, witness statements, photographs, video recordings, forensic reports, laboratory results, and digital evidence.

Pretrial Proceedings

The case may involve negotiations, motions, evidentiary hearings, or other proceedings before trial.

Trial

When a case is not otherwise resolved, the prosecution may be required to prove the charges at trial beyond a reasonable doubt.

The appropriate strategy depends on the facts, available evidence, potential defenses, and goals of the individual client.

Frequently Asked Questions About California Criminal Defense

Does Being Arrested Mean I Will Be Convicted?

No. An arrest is an accusation, not a conviction. The prosecution has the burden of proving criminal charges beyond a reasonable doubt.

Should I Talk to Police After Being Arrested?

Statements made to law enforcement can potentially be used as evidence. A person facing a criminal investigation or arrest should understand their constitutional rights and may request to speak with an attorney.

What Is the Difference Between Murder and Manslaughter?

One of the important distinctions is malice. Penal Code § 187 defines murder as an unlawful killing with malice aforethought, while Penal Code § 192 generally defines manslaughter as an unlawful killing without malice.

Is Assault With a Deadly Weapon a Felony in California?

Penal Code § 245(a)(1) provides for both state-prison and county-jail punishment, depending on how the case is prosecuted and resolved. The consequences depend on the circumstances of the offense and other factors.

What Is the Difference Between Robbery and Theft?

Robbery involves taking property from another person's possession or immediate presence through force or fear. Theft does not necessarily require force or fear.

What Makes an Offense Burglary in California?

California burglary generally requires entry into a location specified by Penal Code § 459 with the intent to commit grand or petit larceny or another felony.

Is Shoplifting Under $950 a Felony in California?

Shoplifting that satisfies Penal Code § 459.5 is generally a misdemeanor. California law contains exceptions for individuals with certain specified prior convictions.

Can Criminal Charges Be Dismissed?

Charges can sometimes be dismissed, reduced, or otherwise resolved depending on the evidence, applicable law, procedural issues, negotiations, and facts of the case. No particular outcome can be guaranteed.

Speak With a California Criminal Defense Attorney

Criminal accusations can have serious and lasting consequences. Whether you are facing a misdemeanor or felony charge, understanding the allegations and the evidence against you is an important first step.

At R Fenn Law, we evaluate criminal cases individually and examine the evidence, circumstances of the arrest, applicable California law, and potential defenses.

If you have been arrested, charged with a crime, or believe you are under criminal investigation, contact R Fenn Law to discuss your situation.

Call (661) 488-7864 or contact us online to schedule a consultation.

Legal Disclaimer

The information provided on this page is for general educational and informational purposes only and is not intended as legal advice. Criminal laws and potential penalties depend on the facts of each case and may change over time. Viewing this website or contacting the firm does not, by itself, create an attorney-client relationship. Consult a qualified attorney regarding your individual circumstances.