What is Grand Theft?
Theft is the taking of the personal property of another with the intent to keep it forever. Grand theft is charged when the value of the property taken was $950 or more and is a felony. Petty theft is the taking of property with a value less than that.
Theft is defined in the Penal Code and depending on facts of you case you could be charged with any of the following. :
- Misdemeanor Vehicle Code section 23103.5 – Wet/Reckless, which is driving recklessly with alcohol in your system
- Misdemeanor Vehicle Code section 23152(a) – driving under the influence
- Misdemeanor Vehicle Code section 23152(b) – Driving with a 0.08% BAC or greater
- Misdemeanor Vehicle Code section 23152(d) – driving with a commercial license and having 0.04% BAC or greater
- Vehicle Code section 23152(f) –driving while under the influence of a drug (marijuana, cocaine, Misdemeanor methamphetamine, and others) or prescription medication (even a drug prescribed to you can be the basis for a DUI, so be careful!)
- Felony Vehicle Code section 23153(a) – driving under the influence and causing bodily injury
- Felony Vehicle Code section 23153(b) – driving with a 0.08% BAC or greater and causing bodily injury
- Felony Vehicle Code section 23153(d) – driving with a commercial license and having 0.04% BAC or greater and causing bodily injury
- Felony Vehicle Code section 23153(f) – driving under the influence of any drug (including prescription medications) and causing bodily injury
- Harbors & Navigation Code section 655 – operating a boat while under the influence
- And there are even more statutes we could list, but you likely get the point. We know DUI Defense and we can help!
How Can Fiumara & Milligan Help?
We can appear in court for you. In most cases, we can appear in court for you, so you don’t have to miss work, school, OR family. We will make all court appearances and call you that very same day to give you a report. The amount of time it takes to resolve a case depends on the circumstances, but on average it takes about 2 to 3 months to resolve a case. If you end up going to trial, it can take even more time. Keep in mind, each case is different and there is no one size fits all.
What are Potential Defenses?
Most people may not realize, but there are a lot of defenses to a DUI allegation. Don’t assume that just because the breath or blood test result was over a 0.08% BAC that you don’t have a defense! For instance, the following are some, but not all of the potential defenses in a DUI case. Keep in mind, whether any of these defenses apply in your case depends on the facts.
Breath test machine was not working or procedure during test was not erroneous. Here at Fiumara & Milligan Law, PC, we have been successful using this valuable defense. Call us today to see if it applies in your case!
Your breath or blood test result was a 0.08% BAC. This defense is quite satisfying as it truly shows reasonable doubt to a jury or a judge that our client was not driving in violation of the law.
Officer had no right to stop you in the first place! Therefore, anything the officer learns after the stop is not admissible to convict you. This is also called a Motion to Suppress pursuant to Penal Code section 1538.5. This is the very first defense to look into because if there was no legal basis to stop you in the first place, then the case may be dismissed.
What is the Fee?
In most cases we charge a flat fee for our criminal defense cases. We will have to meet with you either in person or by telephone for a ½ hour free consultation, to discuss your case and assess the potential defenses in your case in light of the facts. Our flat fee covers all appearances, motion work and more. There are no hidden fees and we will communicate with you at times.
Call Us Today at 707-571-8600 for IMMEDIATE HELP!