Assault & Battery

Our skilled criminal defense lawyers also represent clients charged with battery and assault. Under PC 240, assault is an attempt to apply force or violence on another person. On the other hand, battery per PC 242 is the unlawful and willful application of violence or force on another person.

Regardless of whether the offense is charged as a felony or misdemeanor, the penalties are severe. You could face fines, community service, and incarceration. The sentence could be enhanced if aggravating factors like using a weapon or battery on a peace officer exist.

What Legal Defenses Can We Assert to Beat the Criminal Charge?

Just because you have been accused of battery or assault that doesn't mean you'll face the punishment.

First, since you're innocent until proven guilty, the prosecutor should prove beyond any reasonable doubt that you committed the crime.

Second, there are numerous legal defenses to the offenses. However, since every arrest and case is unique, whether a specific legal defense is valid depends on case circumstances. In all criminal cases, we can present evidence that casts doubt on whether the act happened. Typically, the most common defenses include:

• Lack of intent
• Consent
• Self-defense

While it is intimidating when charged with a crime, it is essential to remember that you are not alone. Kindly call us today.

Criminal Record Expungement

With technology, potential landlords, employers, and organizations can review your criminal record. Having a public record could significantly affect your life. As a result, expungement is rapidly becoming popular. Under Penal Code Section 1203.4, landlords and employers are barred from using the information when you apply for housing or work.

Who is Eligible for an Expungement?

There are restrictions on the offenses that could be expunged. Generally, the law permits expungement of a misdemeanor or a California felony conviction as long as you:

• Completed probation
• Aren't currently accused of an offense, serving time, or on probation for a crime.

Obtaining Expungement

You should file a petition with the court to be considered for expungement. You can bring the petition either in person, through a probation officer, or by your attorney.

Then the judge will either:

• Allow you to withdraw your no contest or plea of guilty and enter a plea of not guilty, or
• Set aside your verdict of guilt if you were found guilty following a plea of not guilty.

Finally, the judge will dismiss your accusations and relieve you of the consequences arising from the crime.

Although you could apply for expungement any time after meeting the qualification requirements like completing expungements, your defense attorney can help you get an early termination of probation. It is achieved by bringing numerous motions simultaneously. Once successful, you can move on with life fast.

Criminal Threats

Violation of criminal threats law is a severe crime. It was formerly known as terrorist threats, but the offense is the same, only the name was changed. If you have been accused of criminal threats, you should hire the legal team at Koenig Law Office. Koenig Law Office is a seasoned law firm that has handled many criminal cases in Kern County.

Per PC 422, a criminal threat is a threat made with an intent to make somebody else fear great bodily harm or death. It is punishable by fines, probation, and incarceration in California state prison. It is also a strike under the Three-Strike Law. If previously found guilty of two serious felonies and subsequently accused of a criminal threat, you might face a twenty-five-year to life imprisonment.

If you have been arrested for criminal threats, our legal team can use various strategies to fight for your rights. Since every case is unique, we will closely examine your case's details to develop the best approach.

Domestic Violence

Per Penal Code Section 13700 PC, domestic violence is abuse committed against an intimate partner. You commit abuse when you recklessly or deliberately threaten the application or apply physical force against your intimate partner.

Domestic violence is a broad term for crimes that could be prosecuted and punished differently depending on case circumstances, the nature of your relationship, your criminal history, and the arrest's location. Severe DV incidents are felonies.

The stakes are high in DV cases. A conviction could result in hefty fines, compulsory domestic violence classes, protective order, immigration consequences, loss of custody rights, among other penalties. As a result, you must have a qualified lawyer.

How Koenig Law Office Can Help You

We have experience fighting DV allegations, and we know how penalties are merited. We can urge that:

• You were falsely accused because of jealousy, vengeance, anger, or divorce proceedings.
• You were acting in defense of self or others.
• The victim's injuries are not due to your conduct.
• An accident caused the victim's injuries.

When we are involved in your case early, we can persuade the prosecution not to bring the charge. We could also engage in plea bargain negotiations that allow you to avoid the consequences of a conviction. And should the case proceed to trial, we'll ensure that your version of the story is presented.

Driving Under the Influence (DUI)

If you have been arrested for driving under the influence, you have a lot to lose. Even if it is your first-time DUI offense, you might face a six-month driver's license suspension, attending DUI school, five years of probation, and up to one thousand dollars in fines. Fortunately, most of these penalties could be avoided. Thanks to skilled legal representation.

Drunk Driving Arrest

Many drunk driving arrests start with a checkpoint or a traffic stop. The police will require you to blow into a breathalyzer twice and perform field sobriety tests. Following your arrest, you will submit a chemical test.

For many misdemeanor arrests, you will be released after booking (in case of a California felony or accident, you should post bail). After your release, you will be given a temporary driver’s license and a citation to attend a court hearing.

At Koenig Law Office, we invite you to schedule a free case review. We want to hear what took place during and after your arrest. Moreover, we will give our honest opinion about how to prevail in the California Department of Motor Vehicles and the court.

Drug Crimes

Drug-related offenses have changed drastically over the decades. California has legalized the possession of marijuana for recreational use. However, trafficking of drugs or possession of a significant quantity of controlled substances remains severe offenses.

The penalties depend on factors like your criminal record, the crime scene, and the amount of controlled substance involved. For instance, a conviction for drug possession intending to distribute is a California felony with a maximum fine of twenty thousand dollars. After serving time, you should adhere to the parole terms, submit to random searches, and report to your parole officer.

If you have been arrested for a drug-related crime, you should consult with our attorneys. Drug crime laws are complicated and constantly changing. Law enforcers do not always follow the rules and the Fourth Amendment of the U.S constitution bans unreasonable search and seizure. If the arresting officer performed an illegal search or improper stop, we could work to ensure your rights are protected and get the charge dismissed or reduced.

Sex Crimes

Sex crimes in California cover a wide range of crimes. While some involve touching, others involve sexual intercourse. Other examples are making child pornography and exposing genitals in public. Irrespective of the sex crime, a conviction could have penalties, such as:

• Incarceration
• Hefty fines
• Ban on possessing a gun
• Registering as a sex offender
• Responsibility to reveal your conviction on an employment application

If charged with a sex offense, you require a skilled advocate on your side.  Unlike other crimes, you might pay for a conviction for the rest of your life.

At Koenig Law Office, we believe sexual allegations require independent investigations and early intervention. The aggressive and proactive approach gives us a proven track record in defending our well-esteemed clients.

Some of the strategies we use to fight sex crime allegations include:

• Negotiation with the police — The police take sex crime allegations seriously. Often the police arrest suspects first and question them later. Fortunately, all it sometimes takes to have the law enforcement officer drop your case is to have your defense attorney present your side of the story.
• Private investigations — Often, accusers misinterpret situations, lie, or mistakenly identify the wrong individual. Our legal team works with skilled private investigators. Moreover, we investigate the scene of the crime. That way, we can uncover an uncredible witness or accuser.

Theft Crimes

Theft in California is defined as stealing an asset with the intent to deprive the owner of their property permanently. The crime level depends primarily on the stolen property's worth and the defendant's previous criminal record. Common theft crimes include:

• Larceny
• Theft by pretense
• Embezzlement
• Illegally diverting funds for materials, labor, or services.
• Defrauding a public housing program
• Selling, illegally transferring or using a credit or debit card.

Although the penalties are severe, there are several legal defenses to theft crimes. One of them is claiming that you had a good-faith belief that you were lawfully entitled to possess the asset or owned it when the crime happened.

If you are arrested for committing a theft crime, you should consult with a criminal defense lawyer. Even a petty theft conviction under Penal Code 484 could attract severe penalties. Your lawyer should be able to advise you accordingly, taking into account your charges, the current and future consequences, the judicial system, and the law.

Traffic Violation

Persons issued traffic tickets in Kern County face fines and potentially incarceration. Also, a traffic conviction could be used against you in a future civil lawsuit. And if you forget to address or ignore your traffic citation, a bench warrant will issue for your arrest.

If cited for a traffic violation, you are advised to retain a skilled attorney to get the traffic charge reduced or dismissed. More often than not, it is not mandatory for people with legal representation to appear in court. It is beneficial especially, for defendants living out of the state or with day jobs.

How Traffic Violation Affects Your Insurance

Usually, a traffic violation conviction increases the defendant's auto insurance premium rates. The more traffic tickets a defendant gets, the higher the insurance premium goes.

Why Hire an Attorney

The prosecution team is more willing to reduce the charges or dismiss a case if a lawyer represents the defendant. Just like in any case, the prosecutor should prove your guilt beyond any reasonable doubt. The lawyers at Koenig Law Office will investigate the case and find photographs, eye-witnesses, and surveillance videos to establish your innocence. Finally, we will argue that the prosecutor's evidence is weak to sustain a conviction if your case proceeds to trial.

Violent Crimes

Under California Penal Code Section 667.5, a violent crime occurs when you threaten or inflict physical injury on somebody else. The offense can happen at any place at any time. Typically, a crime that involves the use or presence of a weapon is punished harshly.

A violent crime attracts additional penalties like prison term enhancement and a strike under the Three-Strike Laws. Facing a violent crime charge is devastating, particularly for a person without legal assistance. Both the charge and judicial process give rise to confusion and questions. Therefore, if accused of a violent crime, you should speak with a legal expert immediately.

The skilled attorneys at the Koenig Law Office have experience in defending people charged with:

• Attempted murder
• Murder
• Robbery
• Manslaughter
• Gang violence
• Sexual violence
• Gun and knife crime
• Assault
• Gate crimes
• Alcohol and drug-related crimes
• Battery
• Kidnapping
• Domestic violence
• Arson
• Child abuse

When you speak to us, we begin by getting to know you and your background. A background with no criminal record forms a sound basis of legal defense.

Then we will collect ammunition for your defense. You should tell us about the case's elements against you. The more we know, the better. We will also require a list of character witnesses and eyewitnesses. That way, we are in the best position to assist you to prevail in your case.

Weapon & Firearm Offenses

The law permits adults above twenty-one years to possess, own, or purchase a gun. After having the gun, the law imposes requirements as to the storage and transportation of the firearm. It is illegal for a licensed gun dealer to sell, transfer, or supply a gun to an individual below 21.

Other Persons Prohibited from Possessing Firearms

Generally, it is illegal for the following people to possess or purchase a gun:

• Narcotic addicts
• Individual with at least two PC 417 convictions
• Convicted felons
• People found guilty of crimes involving domestic violence.
• People who have a mental illness

Just like other criminal cases, weapon and firearm charges fall into felonies or misdemeanors categories and might include additional consequences when gun enhancement laws are added to your sentencing.

The Second Amendment of the United States Constitution protects your rights to carry and keep firearms. The legal team at Koenig Law Office is well-versed with the law and equipped in using its provisions to protect you and your rights. As your defense attorney, it is our responsibility to establish your innocence and will:

• Collect evidence
• Make the necessary court motions.
• Interview witnesses
• Negotiate a favorable plea

If sentencing is unavoidable, we can seek alternative sentencing options such as electronic surveillance or community service.

If you have been accused of a weapon charge, book your initial free consultation to review the case and discuss the available legal options.

White-Collar Crimes

White-collar crimes involve the unlawful conduct committed by public officials, entrepreneurs, business people, and other experts through fraud or deception for financial gain. A white-collar charge alone could result in the destruction of reputation, loss of employment, serving time, and paying hefty fines. The stakes at hand emphasize the necessity of engaging a skilled lawyer. The Koenig Law Office offers a representation across several white-collar crimes, including:

• Bribery — Presenting something of future or present value with corrupt intent and taken, offered, or given to influence a person in an official or public capacity unlawfully.
• Embezzlement — PC 503 defines embezzlement as the illegal taking of property which has been entrusted to you, with the intent of depriving the owner of the use of the asset. It is a California felony if the worth of the property is above nine hundred and fifty dollars.
• Fraud — You violate fraud laws when you engage in conduct that leads to undeserved or unfair benefits to yourself and causes loss or harm to somebody else.
• Perjury is the willful and corrupt taking of a false oath in a judicial or oath proceeding.
• Extortion — Coercing or forcing a person to surrender an asset through the application of fear, violence, or under the pretense of authority.