Assault & Battery

We represent clients facing simple assault and simple battery charges in Bakersfield. Penal Code Section 240 defines simple assault as an attempt to use force/violence on someone else. Simple battery is defined under Penal Code Section 242 as the illegal and willful use of violence/force on someone else. Other forms of the crime of assault & battery we defend against include, among others:

• Assault with caustic chemicals.
• Assault with a deadly weapon.
• Assault/battery on a peace officer.
• Aggravated battery.
• Sexual battery.

The punishment for assault & battery is severe and may include incarceration, fines, and community service. You may also face enhanced penalties if aggravating circumstances exist, like battering/assaulting a police officer or using a deadly weapon to complete your crime. Therefore, legal representation is critical irrespective of whether you have been charged with a misdemeanor or felony.

At the Koenig Law Office, we can mount a solid defense strategy to beat assault & battery charges. Since each case is unique, whether a given legal defense applies will depend on the facts making up that case. Generally, we can provide proof that casts doubt on whether you indeed committed the crime. Common general defenses to assault and battery include self-defense, consent, and lack of intent.

Whereas it is daunting to face a criminal charge, remember you do not have to go through it alone. Please contact us today.

Criminal Record Expungement

Thanks to advanced technology, prospective employers, landlords, and organizations may access your criminal record while conducting a criminal background check. Having your criminal record accessible to the public could substantially impact your life. Consequently, most convicts have resorted to criminal record expungement. Under PC 1203.4, employers and landlords are prohibited from referring to your expunged criminal record when you seek employment or housing.

California law has set restrictions on what crimes are expungeable. Generally, you can expunge your misdemeanor conviction provided you complete your probation sentence or jail term, whichever applies. Felony convictions are not expungeable in California.

To expunge your conviction, you have to bring a petition before the court requesting the same. You can file the petition in person or through your lawyer or probation officer.  After you bring the petition, the judge either:

• Withdraws your guilty or no contest plea and lets you enter a not guilty plea.
• Vacates your guilty verdict if they found you guilty after a not guilty plea.

Lastly, the judge dismisses your conviction and releases you from the repercussions brought about by the offense.

Even though you may seek to expunge your conviction record at any time, provided you meet the requirements, your lawyer can assist you in obtaining an early probation termination, which can be achieved by filing several motions simultaneously. After you are done with record expungement, you can live your life as usual without telling anyone you are an ex-convict.

Criminal Threats

The crime of criminal threats, formerly called terrorist threats, is severely-punished. If facing criminal threats charges in Bakersfield, you should reach out to us as soon as possible. We are seasoned criminal defense lawyers that have handled several criminal threats cases in the area.

Under Penal Code Section 422, criminal threats are threats of death or significant bodily harm intended to make the victim fear for their safety or the safety of their families. A conviction could subject you to incarceration, fines, and probation. This crime also counts as a strike per the state's Three Strikes law. And if previously convicted of two serious felony offenses and then be convicted of criminal threats, you may face 25 years to life in prison.

If the state is accusing you of making criminal threats, we can use different strategies to protect your rights and obtain the best possible outcome for you. Because each case has unique facts, we will thoroughly review each element to create the best defense strategy.

Domestic Violence

PC 13700 describes domestic violence as abuse perpetrated against a spouse/intimate partner. Abusing someone means deliberately or recklessly threatening to apply force or actually applying force against them. 

Domestic violence is an umbrella term for offenses prosecuted and penalized differently based on the circumstances, the defendant's criminal history, the location of the arrest, and the kind of relationship the defendant and victim had. These offenses include, but are not limited to:

• Domestic battery.
• Corporal Injury to a spouse.
• Child abuse.
• Elder abuse.
• Child endangerment.
• Child neglect.

Severe domestic violence incidents are treated as felonies.

There is so much on the line if accused of domestic violence. A conviction may lead to heavy fines, mandatory domestic violence courses, protective/restraining order imposition, loss of child custody rights, immigration consequences, and other penalties. Consequently, you must act fast and hire an experienced attorney if accused.

At Koenig Law Office, we have lawyers highly experienced in fighting domestic violence charges and know how these cases are punished. Some of the defenses our lawyers can argue to try and obtain a 'not-guilty' verdict include:

• False accusations.
• Self-defense/defense of others.
• The victim sustained injuries due to something else and not your conduct.
• The injury was accidental.

When we take on your case early enough, we can convince the prosecutor not to file criminal charges. We may also negotiate for a plea deal that enables you to avoid a conviction and the consequences that come with it. And if the case proceeds to trial, we will ensure the judge and prosecution hear your side of the story.

Driving Under the Influence (DUI)

A DUI arrest and conviction means both criminal and collateral consequences. Even a first DUI offense conviction may subject you to license suspension for six months, probation for five years, DUI school, and a maximum of $1,000 in fines. The good thing is that you can avoid these consequences by seeking expert legal representation.

What are DUI arrests like? Most DUI arrests begin with a traffic or DUI checkpoint stop. The law enforcement officer will need you to do field sobriety tests (FSTs) and a breathalyzer test. After your arrest, you will be required to undergo DUI chemical testing.

For most misdemeanor arrests, the arresting officer will release you as soon as you have been booked without posting bail. For a felony offense, you may be required to make bail. Once you are released, you will be required to attend court for criminal proceedings.

If you have been arrested for DUI, please reach out to us to set up a free consultation. Tell us what happened during and after the arrest. After hearing your side of the story, we will advise you on how you can prevail in court and the DMV administrative hearing. We will represent you in any DUI crime you have been charged with, including:

• DUI of alcohol, VC 23152(a).
• DUI with a BAC OF 0.08% or higher, VC 23152(b).
• Driving under the influence of drugs, VC 23152(f).
• DUI causing injury, VC 23153

Drug Offenses

California drug crimes have changed dramatically over the years. The state has legalized marijuana possession for recreational purposes. But drug trafficking or possessing large quantities of narcotics is still illegal and punished severely. Other types of California drug crimes include:

• Sale, transportation, and distribution of controlled substances.
• Drug manufacturing.
• Possession of drug paraphernalia.
• Under the influence of drugs.
• Possession for sale of a controlled substance/possession intending to distribute.

The punishment for any drug crime depends on various factors such as the quantity of the drug involved, the defendant's criminal record, and the location where the crime took place. For example, possessing a drug with the intent to distribute it is a felony punishable by a fine of $20,000 upon a conviction.

If you are arrested for or charged with a drug crime in Bakersfield, consult with us immediately. California drug offense laws are intricate and always changing. On the other hand, police officers do not always abide by the rules when making drug-related arrests. For instance, they may conduct an illegal search and seizure on your person or property when the Fourth Amendment to the United States Constitution prohibits the same. If the police did perform an unlawful search, our lawyers would work to protect your rights and have your charges reduced or, better yet, dropped by filing a motion to suppress the illegally obtained evidence.

Sex Crimes

There are many types of sex offenses in California, and at Koenig Law Office, we defend against all of them. These crimes include, among others:

• Rape
• Spousal rape
• Sodomy
• Oral copulation
• Forcible acts of sexual penetration
• Sexual assault
• Indecent exposure
• Lewd conduct with a minor
• Prostitution
• Child pornography
• Child sexual abuse

These sex crimes carry severe penalties. A conviction could lead to hefty fines, incarceration, loss of firearm rights, and the requirement to register as a sex offender. And if you are convicted more than once of a sex crime, you may earn the habitual sex offender title.

This tells you that you need expert legal representation if accused of a sex crime. Unlike other offenses, a sex crime conviction may follow you your entire life.

We believe that sexual accusations need early intervention and independent investigations. Our proactive and aggressive approach toward these crimes has earned us a track record of success in defending against any sex crime that comes our way. Some of our strategies for fighting sex crimes include:

• Negotiating with the prosecution and police. California prosecutors and law enforcement officers treat sex crimes seriously. Usually, police officers make arrests first before questioning the suspects. Prosecutors, on the other hand, seek the maximum penalty. Luckily, sometimes all it takes for the state to drop the charges against you is having your lawyer present your account of events.
• Conducting independent investigations. Often, sex crime victims misinterpret situations, misidentify the culprit, or lie. We work with competent private investigators to investigate the matter independently, including probing the crime scene. This helps us to find out whether the victim or witnesses are uncredible.

Theft Crimes

California law describes theft as stealing someone else's property intending to deprive them of ownership permanently. The state's theft crimes include:

• Shoplifting
• Petty theft with a prior
• Carjacking
• Burglary
• Robbery
• Armed robbery
• Vehicular theft
• Larceny

The above crimes are classified under two primary categories— petty theft and grand theft— based on the value of the stolen property. The punishment for theft-related offenses also varies depending on whether the crime is petty or grand theft and the defendant's criminal record, and it can be severe. Therefore, if accused, you want to seek legal help to beat the charges. Even a conviction of a petty theft offense can attract harsh penalties.

At Koenig Law Office, we will give you expert legal advice regarding your charges. We can also help you argue various defenses, one of which is asserting that you reasonably believed you were the rightful owner of the property.

Traffic Violations

Persons accused of violating traffic rules in Bakersfield are subject to fines and possible incarceration. Additionally, a traffic violation conviction can be used as evidence of negligence when the victim files a civil lawsuit against you. And ignoring or forgetting to address your traffic violation after being issued a traffic ticket may prompt the judge to issue a bench warrant against you.

If you have been cited for violating traffic rules, we advise you to hire a knowledgeable lawyer to help have the charges dismissed or reduced. Often, defendants represented by lawyers may not have to show up in court. This is beneficial, especially if you have a day job or live outside California.

Apart from fines and a jail term, a conviction for violating traffic rules increases your car insurance premium. The more you are issued traffic tickets, the higher your insurance premium.

Traffic violations are not severe offenses, but you still need legal representation. Remember that the prosecutor is more than willing to dismiss your charges or drop them if an attorney represents you. Like in other cases, the prosecution should prove that you are guilty of traffic rules violation beyond a reasonable doubt. Our lawyers will investigate your case facts and gather evidence to prove your innocence. If the case proceeds to trial, we will poke holes into the prosecution's evidence to weaken it, so it does not sustain a conviction.

Violent Crimes

Per Penal Code 667.5, you commit a violent offense when you inflict or threaten to cause physical injury upon another person. These crimes may or may not involve the use of weapons. They include, but are not limited to:

• Murder
• Attempted murder
• Mayhem
• Armed robbery
• Voluntary manslaughter
• Rape
• Arson
• Carjacking
• Kidnapping
• Dissuading a witness
• First-degree burglary

Violent crimes attract a sentence enhancement and are considered strikes per the state's Three Strikes law. Facing these kinds of charges can be devastating. However, the severe nature of these offenses does not mean they cannot be won. You can beat the charges against you or have the prosecution lower them if you have expert legal representation.

At the Koenig Law Office, we defend against all violent crimes. We boast experienced and knowledgeable lawyers who have helped clients charged with these crimes in Bakersfield obtain a case dismissal or charge reduction. When you reach out to us, we will start by reviewing your criminal background. A non-criminal background forms a solid foundation for legal defense. We will then gather proof for mounting a defense strategy, but not before evaluating your case to establish the facts.

Weapon and Firearm Offenses

California firearm laws permit most adults aged 21 years and above to buy, possess, and own firearms. However, several state laws limit this right and restrict specific categories of people from possessing or acquiring a firearm, including narcotics addicts and convicted felons. Also, after you buy/possess/own a firearm, the law provides requirements regarding how to store and transport it and where to use it. Failure to comply with the set requirements will subject you to weapon and firearm charges. The following are considered weapon and firearm offenses in California (the list is not exhaustive):

• Carrying a concealed weapon.
• Aggravated assault with a weapon.
• Felon with a firearm.
• Carrying a loaded firearm in public.
• Brandishing a weapon.
• Drive-by-shooting.
• Illegal sale of a firearm.
• Illegal discharge of firearms.
• Improper handling of a firearm in a vehicle.
• Dealing in assault weapons without a license.
• Using firearms in a restricted area.

Like other cases, weapon and gun crimes are categorized into either misdemeanors or felonies and may carry additional penalties if the gun enhancement law (PC 12022.53) applies to your case.

The second amendment to the U.S Constitution protects your right to bear arms. At Koenig Law Office, we are conversant with the state's firearm laws and know how to use various provisions to defend you. As your legal team, it is upon us to prove your innocence, and we will use the following strategies to do so:

• Gathering solid
• Interviewing witnesses.
• Filing the necessary motions.
• Negotiating the most favorable plea deal.

If we cannot obtain a 'not-guilty’ verdict, we can fight for lenient sentencing options, like community service and electronic surveillance.

If charged with a weapon and firearm offense, contact us as soon as possible to schedule your initial consultation free of charge. We will review the case facts and discuss your legal options.

White-Collar Crimes

White-collar offenses refer to non-violent conduct, often involving professionals for monetary gain. These crimes may involve small amounts of money or millions of dollars, and the consequences depend partly on the degree of the supposed offense. Apart from criminal penalties, you may also face collateral consequences such as a destroyed reputation and loss of employment. Considering what is at stake, you need to engage an experienced lawyer to help you mount a compelling defense.

At Koenig Law Office, we offer legal representation throughout Bakersfield for all types of white-collar offenses, including:

• Bribery
• Embezzlement
• Perjury
• Extortion
• Identify theft
• Money laundering
• Counterfeiting
• Forgery

If charged with or are under investigation for a white-collar crime, do not hesitate to contact us at 661-793-7222 to share the details.