Once again, due to a national tragedy, California’s gun laws are in the news. In this state, there are many laws that regard legal and illegal possession of weapons, including guns. These laws can be extremely confusing for the layperson and the technicalities can confuse even those who work in the gun industry.

Laws detail the type of guns you can own, the type of knives you can buy, and the specifics of what tasers you can have. Other weapons laws how, where, and by whom weapons can be carried. One example is convicted felons – they’re not allowed to legally own a gun. Another example pertains to transportation guns – they must be transported within a locked container unless the individual carrying them has a concealed carry permit.

If you’ve been charged of any type of gun crime, whether improperly buying or carrying a firearm, or using a firearm during the commission of another crime, then you need legal representation. Reach out to Law Offices of Torrence L. Howell at 909-920-0908 today to get started.

The consequences of a conviction can be significant

Since there are so many types of weapons laws, ranging from selling a gun without the proper license to carrying a firearm illegally, from possessing a firearm illegally to discharging a weapon from your vehicle, there are many types of consequences.

The various factors that will be considered include of course the crime itself, but also your criminal history and the type of weapon used. A judge can assign a different penalty based on how they see these issues. There’s also what we know as the “use a gone and you’re done law.” Essentially, it states that if a person commits a felony, such as burglary, and uses a gun in that crime, then they can get a sentencing enhancement.

That enhancement could be up to ten years if a gun was simple brandished. If the gun was fired, it could be up to 20 years. In the event there was serious harm committed with the gun during the felony, then the judge could add 25 years to life.

There are defense options for weapons charges

The good news is that there are defense options. Of course, the best way to represent you will vary based on what you’re charged with and the evidence against you. For example, if you’re charged with illegally possessing a firearm, it could be as simple as proving that you had the right to possess the firearm in the first place.

We could also argue that the weapon you were found with wasn’t yours and that you didn’t know it was placed in your possession by another person. We will look at all evidence against you to determine if the seizure of it violated your rights. If it did, then we could have that evidence thrown out. Finally, if there is a wealth of evidence, we may work to find the best possible plea agreement. To learn more about the best way to move forward with your case, call Law Offices of Torrence L. Howell at 909-920-0908 today.

It’s not uncommon for a person to believe that burglary and theft are essentially the same thing. In fact, they’re not the same at all. With a charge of burglary, nothing needs to have been stolen. How is that possible? Because a criminal charge of burglary refers to entering a space illegally, such as a home, room, or vehicle, with the intention to commit a crime once you’re in there.

One example is to go into a department store with the intent to assault the employee. This is referred to as burglary, even though the intent was not to steal something. That said, it’s often the case that burglars intend to commit some sort of theft – that’s why the charges can be confused as a single charge for some people.

Forced entry isn’t required for burglary

In a burglary charge, it’s not a requirement that the person arrested forced entry into the space. However, it is necessary to prove that they had prior intent in order to get a conviction. Here’s one example: A person puts their hand through an open window. Their only purpose for doing so is to steal a purse. That would be a burglary.

On the other hand, if a person decided to try and steal the purse after they already had their hand through the window, then the crime is actually theft. Regardless, if you’re accused of theft or burglary, then you need a criminal defense attorney who can help.

The consequences of a burglary conviction can be significant

In the event you’re convicted of burglary, you could be looking at as much as six years in prison. It all depends on whether the charge is first-degree or second degree burglary. A conviction of first-degree burglary involves the residence of a person and it is a felony charge. It does count under the three-strikes law of California.

On the other hand, second-degree burglary involves either a business or another structure that’s not a residence. This is a wobbler offense, which means that the prosecutor can choose to charge it as a misdemeanor or a felony.

You may have several defense options

The best way to handle your case will depend on the specifics of your case. One option is to show that you’ve been misidentified as the burglar. Whether you weren’t there at all, or you were there but you weren’t involved, we can work to provide a convincing defense.

Another option for a burglary charge is to show that you did enter the location but that you didn’t have any intent to commit a crime. Finally, we may show that you did take items but that you either believed you had permission to take them or believed that they were yours in the first place. Call Law Offices of Torrence L. Howell at 909-920-0908 today to find out more about the options for your specific case.

Due to the many law shows on TV, and inaccuracies within them, many people believe that assault and battery is a single charge. The truth is that it’s actually two separate crimes and they’re not always charged in conjunction with each other. Assault, in short, is willfully trying to hurt someone, while battery is succeeding in doing so. If you’ve found yourself arrested for or accused of one or both of these crimes, then it’s time to call Law Offices of Torrence L. Howell.

There are a number of assault and battery types

Within the charges of assault and battery, there are other, more specific charges you could be facing. One common example is assault with a deadly weapon. It seems clear from the name what this means, but in actuality it doesn’t have to involve using a weapon. The “weapon” in this scenario can simply refer to any type of force that a reasonable person would believe could cause significant physical harm.

Then consider that if that assault with a deadly weapon was successful. Now an aggravated battery will have occurred. Finally, the relationship between the person charged and the accuser can have a bearing. If they are romantic partners or family members, then the charged could include domestic battery. This is a serious crime in this state and can result in the inability to legally own a firearm.

Potential consequences for a conviction

If you’re convicted of assault and battery then you could be facing serious consequences, up to and including probation, community services, fines, and significant time in either county jail or California state prison. In most cases, a conviction for simple assault and / or battery with no or minor injuries isn’t going to result in more than six months in a county jail.

However, a conviction for a more serious assault or one that involved a deadly weapon can come with a sentence of years in prison. In the event the assault involved sexual assault, then you may be required to register for the sex offender list.

We will work to find the best legal defense for your needs

There are a number of ways we can fight your assault and battery charge. In many cases, we argue that the defendant was acting in self-defense. We may also show that you were defending someone else, or that the injuries were the result of nothing more than accident. If you’re charged solely with assault, then we’ll likely argue that you either didn’t have the intent to follow through or you didn’t have the physical ability to do so.

No matter what your situation is, one thing is true: You need to talk to a California defense attorney. At Law Offices of Torrence L. Howell, we have years of experience successfully handling all types of cases – including assault and battery. Don’t hope for the best. Don’t take a plea without discussing it with an attorney. Reach out to us at 909-920-0908 for your free case evaluation.

If you’ve been charged with forgery then you’re likely not sure what the next move should be. At Law Offices of Torrence L. Howell we’re here to assure you that the next step is rather simple: Contact a California forgery attorney who can help you. That attorney is Law Offices of Torrence L. Howell. Call us today at 909-920-0908 to learn more about requesting a free consultation.

What is forgery?

According to the law, forgery is defined as knowingly signing someone else’s signature or otherwise duplicating their handwriting in order to commit fraud. For example, if you falsify a document that’s related to either money or property with the intent to commit fraud, then that may legally be forgery. Common examples of forgery include:

• Signing a stolen check.
• Adding pages to a will.
• Writing fake prescriptions.

Note that in order for a conviction of forgery, it must be prove that the defendant intended to defraud someone. Simply faking a signature is not fraud in and of itself. That’s why you can sign your friend’s name on their credit card, as long as they’ve said you could. This is not the same thing as stealing a credit card and signing for it with the intent of defrauding someone.

A forgery conviction can come with significant consequences

It’s important that you take this charge seriously and work with a criminal defense attorney. Depending on the specifics of your case, it may be charged as either a misdemeanor or a felony. If you’re convicted of a felony, then the maximum sentence is a year in jail and up to $1,000 in fines. Compare that to a felony conviction, which comes with up to three years in prison and as much as $10,000 in fines. Either charge may come with probation and restitution requirements.

There are defense options for your charge

The best way to defend you will vary based on a number of factors, but in most cases we’ll work to find a handwriting expert or any other expert witnesses who can testify that you didn’t forge the documents. If you did forge them, then we can work to prove that you didn’t have intent to commit fraud. In many cases, this is successful because it’s not illegal to sign someone’s name unless you mean to defraud them.

If you did forge a document and did have the intent to defraud someone and there is a wealth of information to show that, then we may work to have the charges reduced. As you can see above, a misdemeanor charge comes with a much easier penalty to live with.

Contact us today to let us get started on your defense

Are you ready to find out what your options are? Do you want to move forward with your life? Then it’s time to reach out to Law Offices of Torrence L. Howell. We are here to offer you a free consultation. We know that this is a difficult time and that you need an attorney you can trust. Call us at 909-920-0908 and we’ll help you find the best way forward.

Having a criminal record can make life difficult. From failing background checks necessary for work, to not being eligible for certain professional licenses – not to mention the issues that can arise when trying to find a place to live – a criminal record can make it difficult to simply get through life. The good news is that in some cases, your criminal record may be erasable. Read on to learn more and then reach out to Law Offices of Torrence L. Howell at 909-920-0908 to speak with a criminal law attorney experienced in expungement.

Not every crime is eligible for expungement

At Law Offices of Torrence L. Howell we want to help those who are eligible but we don’t want to give false hope to those who aren’t eligible. One of the biggest qualifications is not having been to prison. If your conviction involved only probation, community service, or time in a county jail, then you may be eligible for expungement. If you served time in prison then you are likely not eligible.

Whether the crime was charged as a felony or a misdemeanor has no bearing but there are some crimes that can never be expunged. For example, a sex crime against a minor can never be expunged.

Find out if your case is eligible for expungement

The easiest way to find out if your case in particular is eligible for expungement is to contact Law Offices of Torrence L. Howell at 909-920-0908 for a free consultation. We can walk you through the other requirements. For example, you must have successfully completed each condition of your probation, which includes fines or restitution you were required to pay. You must also have not been convicted of any new crimes and cannot have violated your probation.

Expungement for juvenile records is a different process

In most cases, juvenile crime records don’t require working with an attorney. These are expunged automatically after the person in question has finished their sentence and when they come of age. Once again, there is a condition though: The minor in question must have stayed out of trouble in the years after their conviction.

You may be able to have your arrest record sealed and destroyed

Legally, a potential employer is only allowed to consider convictions when they are making decisions about who to hire. However, just because they’re not supposed to consider arrest records doesn’t mean they don’t take them into consideration. Law Offices of Torrence L. Howell may be able to help you have any arrest records sealed and destroyed, as long as they didn’t result in a conviction or a plea deal.

Today is the day to find out what your options are

Once you’ve served your time, we don’t believe you should have to continue to pay for crimes you committed. As a result, we are prepared to help you work toward expungement. To learn more about the options, the process, and whether or not you qualify, contact Law Offices of Torrence L. Howell at 909-920-0908. We’ll start with a free case evaluation to let you know your specific options.