Violent and Theft Charges
Petty Theft, Commercial Burglary, Robbery, Fraud, and Residential Burglary are all crimes that are defined by the Penal Code, specifically Penal 211, 459, 484, 488, 666, and many other sections. Generally, the prosecution over charges these cases to force the client to take a plea deal early in the criminal proceedings. However, in many situations it is imperative to force the prosecution to prove their case at a preliminary hearing or trial in order to weed out meritless charges. This is why it is essential that you have an experienced attorney that can review the facts of your case and accurately assess the likelihood of overcoming these charges at a preliminary hearing or trial.
A recent example of the prosecution over charging a case occurred in early 2015 at the Lancaster Courthouse. A client was charged with cultivation of marijuana and residential burglary. The client was cultivating the marijuana in his home that had been recently foreclosed on. The prosecution attempted to argue that the residence was no longer the clients, and as such he had burglarized the residence in order to cultivate the marijuana. The initial offer on the case was 32 months state prison and if the client rejected the offer and proceeded to preliminary hearing it would become a 48 prison month offer. Mr. Delahunt assured the client that the prosecution’s case was weak regarding the burglary charge and we should reject the offer and proceed to preliminary hearing. Mr. Delahunt overcame the burglary charge at preliminary hearing and the prosecution’s offer changed from 48 months prison to 45 days Community Labor.
Battery, Assault, Gun Charges, Child Endangerment, Gang Enhancements, and Domestic Violence are crimes that are defined by the Penal Code, specifically Penal Code186 240, 241, 242, 273.5, 29800, and many other code sections. The prosecution takes these charges seriously based on the fact that someone has allegedly suffered physical or emotional harm. As such, the prosecution acts as a quasi-representative on behalf of victim.
As a result of this dynamic, having an attorney who can emphasize the good character of the client can make a significant difference in the outcome of the case. Furthermore, by participating in self-help, anger management, or parenting classes you can prove your good character to the prosecution. Lastly, if the alleged victim has suffered a physical harm paying restitution in a timely manner can drastically reduce the consequences of the conviction.
For example, a client from 2013 was charged with battery resulting in great bodily injury. The client was engaged in a basketball game and allegedly punched a player on the opposing team, which resulted in a broken jaw and three subsequent surgeries. The District Attorney’s final offer was 2 years state prison and pleading to a strike. Andrew Delahunt requested a judge’s chambers conference with the District Attorney and convinced the prosecutor to delay the sentence for 6 months, so the client could pay the hospital bills of the alleged victim. The client worked extremely hard over the 6 month period to pay back the restitution. After the client finished paying the restitution, Andrew Delahunt was able to convince the District Attorney to allow the client to serve 6 months of house arrest instead of 2 years state prison.
DRIVING UNDER THE INFLUENCE OF ALCOHOL
Getting my first DUI and thinking I had ruined the rest of my adult life, I was recommended to contact Andrew Delahunt. He made it very easy to meet, as I lost my license because I didn’t contact him within ten days of being arrested. He...
Airport/LAX Courthouse – Sales of Marijuana to Undercover Officer
Client was charged with Health & Safety Code §11359 (sales of marijuana) and Health & Safety Code §11360(a) (Transportation of marijuana). Client posted an ad on Craig’s List “selling marijuana to qualified medical...