Criminal Defense

At the Law Offices of Bob Nehoray, a Southern California law firm serving the Los Angeles metropolitan area, we specialize in criminal defense. Our criminal defense lawyers have a long history of successful results and always seek the best interests of our clients. Our practice areas include the following:

• Domestic Violence
• Drug Crimes
• Drunk Driving Defense
• Prefile Matters
• Sex Crimes
• Theft Crimes
• Violent Crimes
• White Collar Crimes

For More Information on Criminal Law:

• Criminal Procedure – An Overview
• Criminal Law – An Overview

 

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Domestic Violence

Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or he mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment. ( California Penal Code Section 273.5).

If you are charged with felony Domestic Violence you may be facing a stiff prison term. Moreover, if probation in lieu of prison is granted, you will be subject to severe monetary fines, anger management/treatment programs and other penalties. Depending on the nature and extent of the victim’s injuries, Domestic Violence may be charged as a misdemeanor offense. In this case, one may face up to a year in country jail or prison, a fine of $2,000, or both. If it is a defendant’s first misdemeanor domestic violence violation, he or she may be eligible for probation contingent upon enrollment and completion of a “batterer’s treatment” program and payment of any applicable fines.

Domestic Violence is aggressively prosecuted in California, even when the victim recants his or her story. It is therefore crucial to hire an experienced attorney who is familiar with the strategy and tactics used by the district attorney’s office for prosecuting such cases.

We understand that an arrest for Domestic Violence can be a trying time. Not only does the client face criminal liability, but emotional and practical family problems as a result. You must therefore protect your rights! Don’t go at it alone! You need an attorney who will aggressively represent you throughout your criminal case.

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Drug Crimes

In California, the severity of a drug offense depends on factors such as:

• the amount and type of drugs involved;
• whether it the offense is for possession or sale;
• the defendant’s prior criminal record;
• whether the offense was coupled with an allegation of violence.

 

First time offenders for drug possession are often eligible for alternative sentencing, such as “Deferred Entry of Judgment (DEJ) or Proposition 36, provided that no allegation of violence are present. Both DEJ and Proposition 36 offer probation and drug treatment programs for offenders in lieu of jail or prison time, although the programs differ in terms of length and the ability to have the conviction expunged from ones record if the treatment and probation are successfully completed.

A conviction for the sale of narcotics is generally a felony and can carry hefty fines, jail or prison time.

Regardless of the drug crime, you must protect your rights immediately. Our firm can often either reduce or dismiss the charges against you or pursue an aggressive trial strategy. Don’t make the mistake of thinking your drug charge is “no big deal.”

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Drunk Driving Defense

In recent years, the fines and penalties for driving under the influence (DUI) have steadily increased. The California legislature has determined that a DUI violation is a serious violation of the law and has established a complex legal framework for handling these violations. If you are arrested for DUI, you potentially face severe fines, community service, alcohol programs and jail time.

A mistaken belief that there is only a criminal case pending against one arrested for DUI is common. Many do not realize that they now have a battle on two fronts: 1. the Criminal Case itself; and 2. the Department of Motor Vehicles (DMV) – with respect to the suspension of their driver’s license.

When you are arrested for DUI, the police confiscate your driver’s license and issue you a temporary license for a thirty (30) period. You MUST contact the DMV within ten (10) days of your arrest to request a “stay” of your license suspension and a DMV hearing to contest your DUI arrest. If you fail to request the “stay” and hearing within ten (10) days, your temporary driver’s license will expire after thirty (30) days, and you are unable to legally drive a motor vehicle.

California Vehicle Code Sections 23152 and 23153, state in part:

• It is criminal violation to operate a motor vehicle on a public roadway with a blood alcohol level of .08 percent or higher.
• It is a criminal violation to operate a motor vehicle with a blood alcohol level of over .01, if you are under the age of 21.
• It is a criminal violation to have an opened container of alcohol in a vehicle upon a roadway, unless the container is kept out of the immediate control of its occupants.

 

Anyone arrested for driving under the influence must submit to a chemical test (blood, breath, or urine) to determine the alcohol content of the blood. Failure to complete or refusal to take the test will result in suspension of the driver’s license for one year.

If you are arrested for DUI, seek immediate representation to protect your rights. Do not make any statements to the police. Do not discuss how much you drank, or when you drank! Contact an experienced attorney immediately!

Your attorney must not only be familiar with the law surrounding DUI, but also with the rules and procedures established by DMV. A DUI is a serious violation requiring a knowledgeable attorney with significant experience in this area. Don’t give up your rights!

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Prefile Matters

In some instances (especially those involving White Collar Crimes), one is either aware or is notified that they are the subject of an investigation by the police, the district attorneys office, or by another government agency. This can occur when an ongoing investigation is pending but where no formal charges have yet been brought.

Many people believe that they do not need criminal representation and that they can deal with the authorities themselves. Don’t make this mistake! Your freedom and liberty is at stake! This is precisely the time when you need effective and aggressive representation.

If you or a loved one are the subject of an ongoing investigation, the best you can do is get an experienced and aggressive attorney that can deal directly with the agency or district attorney involved. Do not make any statement without an attorney. Do not offer any documentary evidence or other information without the presence of counsel. Such conduct can often lead to unintended consequences and can only hinder your defense if you are charged.

At the Law Offices of Bob Nehoray, we will deal directly with the authorities on your behalf to prevent the filing of formal charges. We will conduct a thorough investigation and protect your rights from further infringement.

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Sex Crimes

A sex crime charge not only presents an unpleasant criminal conviction, but also presents embarrassing family and personal issues with severe stigma from within ones community. Many sex crime convictions are serious felonies which demand prison terms, treatment programs and registration as a “sex offender.”

At the Law offices of Bob Nehoray we recognize that such a charge may be unfounded or based on “he said-she said” testimony which requires strict scrutiny, as well as a vigorous defense and trial strategy. Our goal is to either reduce or to dismiss the charges against, or otherwise provide an acceptable result to the client’s satisfaction.

Sex related crimes include:

• Rape
• Lewd Acts
• Prostitution
• Statutory Rape
• Sexual Assault
• Sexual Battery
• Solicitation
• Indecent Exposure

 

The high degree of false accusations and insufficient evidence in these type of cases require that you seek immediate legal representation. At the Law Offices of Bob Nehoray we will discuss all aspects of your case and tailor an effective, aggressive and efficient strategy. Contact an experienced criminal defense attorney who will aggressively fight for you.

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Theft Crimes

Generally, Theft Crimes consist of one’s taking from another person, business, or state of any money, thing or information they have not authorized him to have or use. There are various forms of theft, which include the following:

• Grand Theft/Larceny – the unlawful taking and carrying away of personal property equal to or in excess of $400, with the intent to deprive the rightful owner of property permanently.
• Petty Theft – the unlawful taking and carrying away of personal property less than $400 in value, with the intent to deprive the rightful owner of property permanently.
• Embezzlement – the fraudulent appropriation of property by a person to whom it has been entrusted.
• Receiving Stolen Property – where one knowingly receives property that has been stolen or that has been obtained in any manner constituting theft or extortion.
• Burglary – the entry of any applicable structure with the intent to commit grand theft.
• Forgery – The signing of certain documents with another’s name with the intent to defraud. (e.g. checks, money orders, promissory notes, contracts etc…)

 

In California, one faces stiff penalties and jail and/or prison time for a theft conviction. The penalties can be further enhanced if the theft was accomplished through use of a firearm, or if someone was injured as a result. If you have been charged with one of the above crimes, it is important to obtain immediate criminal representation, regardless if the charge is a felony or misdemeanor.

The Law Offices of Bob Nehoray is sensitive to each client’s particular needs and situation. We will guide you through California’s intricate legal system and aggressively attempt to either reduce or dismiss the theft charges against you. Moreover, when such a result is not possible, we will discuss and formulate a detailed trial plan to defend and protect your freedom, your rights and your property.

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Violent Crimes

These crimes occur when an offender threatens or actually succeeds in using force against the victim. Since these crimes usually result in injuries and/or great bodily harm, they carry with them the most severe penalties recognized under the law.

There are many offense constituting crimes of violence. Some of the most common include:

• Assault/Battery – these crimes are closely related to one another. Generally, Battery is the unlawful use of force against another, and Assault is an attempted battery. Depending on the seriousness of the offense, the extent of bodily harm suffered by the victim, both Battery and Assault may be charged as a misdemeanor or a felony. The more serious the injuries to the victim and if a weapon was used, the more likely that either will be charged as felonies. Accordingly, the penalties and sentencing for these crimes can vary depending on the circumstances of each case.
• Robbery – the taking of personal property in possession of another, and against their will, and accomplished by means of fear or force. In California, depending of the degree of the offense, a robbery conviction may carry anywhere between 2 to 6 years in state prison.
• Kidnapping – in its simplest form, kidnapping is the unlawful forcible abduction of any person. There are different degrees of this offence and the penalties can significantly increase based on the nature and facts of each particular charge. The consequences of a Kidnapping conviction are extremely harsh. Depending on the nature of the offense, the type of victim, and the nature of the victim’s injuries, among other things, may lead to a prison sentence anywhere from three years to life imprisonment, without the possibility of parole.
• Arson – a person is guilty of arson when he or she willfully and maliciously sets fire to, aids or causes to be burned any structure, land or property. Arson is a serious felony under California law, with the potential of sign cant prison time depending on the nature of the crime and injuries sustained by any victim.
• Murder – is the unlawful, intentional and malicious killing of a human being. A Murder charge can also exist if someone dies or is killed during the commission of certain felonies that are inherently dangerous to life. Obviously, a murder charge is the most serious charge recognized under the law. One charged with such an offense can expect significant jail time upon conviction in the state prison, often without the ability of parole, and in certain circumstances, even the death penalty.

 

If you have been charged with a violent crime, there is a lot at stake! You need an attorney capable of handling complex and difficult facts, theories, and issues related to your criminal offense. In many instances, a desirable plea-bargain cannot be obtained for violent offenses. It is precisely at this time when you need to power of the Law Offices of Bob Nehoray to zealously represent you and to protect your rights and freedom. We have years of experience in complex matters and will aggressively defend you throughout the entire case.

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White Collar Crimes

White Collar crimes are generally non-violent offenses committed by individuals or businesses for financial gain by way of fraud or deception. Some common White Collar crimes include:

• Mail Fraud
• Wire Fraud
• Extortion
• Bribery
• Director/Officer Criminal Liability
• Perjury
• Embezzlement
• Credit Card Theft
• Anti-Kickback/Capping Violations
• Insurance Fraud
• Money Laundering
• Securities Violation
• Healthcare Fraud

 

Even though these offenses are non-violent in nature, many of them carry sever penalties and consequences if convicted, including prison time and hefty fines. Moreover, these violations are often complex in nature and involve copious amounts of documentary evidence and financial statements. It is therefore crucial that you hire an experienced, aggressive, and savvy attorney that can guide you through the maze of legal statutes.

If you are under investigation for a white collar crime, you must protect your constitutional rights immediately. Do not answer any questions, make any statement, or volunteer any information, until you consult with an experienced attorney.

White Collar violations may be prosecuted in either Federal or State Court. Accordingly, it is crucial that you contact an attorney who is experienced in both the federal and state court systems. You need an attorney who is experienced in complex commercial and criminal law and who is an aggressive negotiator that can convince the government to discontinue its investigation before you are charged with a crime.