ORANGE COUNTY CRIMINAL DEFENSE LAWYER
Facing criminal charges can be a daunting experience, and the possibility of jail time and a criminal record can cause immense anxiety. That’s where Cyrus Tabibnia, a criminal defense attorney, comes in. He provides legal support for a wide range of charges, including drug crimes, sex offenses, theft crimes, assault and other violent crimes, domestic violence, gun charges, and white-collar offenses. What sets Cyrus apart is his commitment to building personal connections with each of his clients. He offers his cell phone number and encourages clients to contact him whenever they need to discuss their case. He personally handles every case, rather than delegating work to paralegals or associates. Cyrus Tabibnia also ensures that clients feel comfortable and have their needs addressed. They understand the stress that comes with criminal charges and are dedicated to guiding clients through the process as smoothly as possible.
Domestic Violence
Domestic violence isn’t limited to physical abuse, as many believe. Although physical violence is a form of domestic violence, emotional or psychological abuse that involves any manipulative, threatening, or controlling actions is also considered domestic violence. Domestic violence also includes stalking, harassment, threats of violence, and intimidation or fright tactics against a spouse or their family members. These actions are often employed by an abuser to maintain control over their spouse and keep them trapped in a marriage. If you’re feeling manipulated, threatened, or intimidated in any way, it’s essential to contact an attorney immediately to determine whether a restraining order is appropriate.
Because the range of conduct that qualifies as domestic violence under California law is extensive, and the consequences of a restraining order can be severe, restraining orders may sometimes be requested for the wrong reasons. Our firm can also assist in safeguarding you against false claims of abuse that could negatively impact your child custody or spousal support case, or even your employment.
Sex Crime
Under the California Penal Code, there are various sex crimes that can lead to serious charges, such as rape and sexual battery. If you are suspected of a sex offense, it’s crucial to take the situation seriously. Rape, for example, can be prosecuted under multiple code sections, including California Penal Code section 261, which prohibits any non-consensual act of sexual intercourse.
Similarly, sexual battery can be charged as either a felony or a misdemeanor, depending on the circumstances. To prove non-consensual touching of an intimate part of someone else, the prosecutor must establish that the act was committed for sexual arousal, abuse, or gratification under Penal Code section 243.4(e)(1). A conviction for misdemeanor sexual battery can result in a sentence that includes a maximum of six months in jail, five years on probation, a fine of $2,000 or more, and registration as a sex offender.
Given the potential consequences, it’s important to seek the guidance of an experienced Orange County criminal defense attorney who can help you build a strong case against the prosecution. With their knowledge and expertise, they can help you navigate the legal system and protect your rights.
Drug Crime
Drug charges can encompass a variety of offenses, such as possession, possession for sale, trafficking, and manufacturing. Depending on the severity of the charges, penalties can range from participation in a drug diversion program to lengthy imprisonment. California Health and Safety Code section 11379.6 makes it illegal to engage in any activity that leads to the production of controlled substances. If convicted, the penalties can include a $50,000 fine and a prison term of up to five or seven years, depending on the substance involved.
It’s important to note that the nature of the charges and the specific facts of the case will dictate the most effective defense strategy. In some instances, an Orange County criminal defense lawyer may be able to argue for entry into a drug diversion program instead of jail time. Attorney Cyrus Tabibnia can also challenge the prosecution’s use of evidence that was unlawfully seized in violation of the defendant’s Constitutional rights. Additionally, there may be insufficient evidence to support the charge, such as a lack of proof that the quantity of the substance involved was sufficient. These are just a few examples of the legal strategies that Attorney Cyrus employs to defend clients facing drug charges.
Theft and Fraud defense
In California, burglary, robbery, and shoplifting are some of the most common theft crimes that can lead to criminal charges. To prove burglary under Penal Code section 459, the prosecution must demonstrate that the defendant entered a structure or vehicle with the intention of committing a felony or misdemeanor, regardless of whether the defendant actually carried out the crime. For instance, if a person enters a home with the intent to steal from the owners but is caught while trying to take a television, they can still be convicted of burglary. However, with the help of a skilled criminal defense attorney, it may be possible to challenge the intent element of this crime and explore alternative defense strategies.
Theft and fraud are serious criminal offenses that can carry significant penalties in Orange County, California. If you have been accused of theft or fraud, it is important to seek the assistance of an experienced criminal defense attorney who can help protect your rights and interests.
A theft and fraud defense attorney can assist you in understanding the charges you are facing and develop a strong defense strategy that may include challenging the evidence against you or negotiating a plea bargain to reduce your charges or penalties. Your attorney can also work to protect your reputation, rights, and freedom, and ensure that you receive a fair and just outcome.
With the help of a skilled theft and fraud defense attorney in Orange County, you may be able to avoid harsh penalties such as fines, restitution, probation, or even jail time. Contact a qualified attorney today to discuss your case and learn more about your legal options.
Expungements / Petitions for Factual Innocence
If you’ve been convicted in California and wish to have your guilt finding removed, you must file a petition for expungement under Penal Code section 1203.4. This legal process allows you to inform a potential employer that you have never been convicted or arrested for a crime. Conversely, if you were not found guilty, no charges were filed, or you were arrested but the charges were dismissed, you can file a petition for factual innocence under Penal Code section 851.8. To grant a petition for factual innocence, the court must determine that there is no reasonable cause to believe that you committed the crime for which you were arrested. Once your petition is granted, the court will instruct various entities to seal your arrest record, allowing you to move on with your life without suffering consequences stemming from an arrest.
White Collar Crimes
White collar crimes are typically non-violent offenses committed by professionals seeking financial gain. Examples include fraud, forgery, and embezzlement. To obtain a conviction for embezzlement under California Penal Code section 503, a prosecutor must demonstrate that an individual fraudulently appropriated property that was entrusted to them. For instance, if someone was hired to oversee a company’s assets but instead stole funds, they could face charges of embezzlement. Embezzlement is considered a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony.
Juvenile Crimes
When minors are accused of crimes in California, they are prosecuted differently than adults. Instead of criminal proceedings, they face delinquency proceedings in juvenile court. However, this approach is neither fish nor fowl, as juveniles are both protected and prosecuted under California law. In the past, the district attorney would often “direct file” many charges to increase punishment against juveniles, but recent scientific studies and mental health evaluations have led to a more holistic approach to dealing with juvenile crimes.
The courts have recognized that teenagers lack the intellectual capacity to fully understand the consequences of their actions, which relates to the concept of mental state. Previously, children as young as 12 were being prosecuted vigorously, but they could not possibly understand the nature and consequences of their actions. Juvenile court proceedings are not considered criminal, and the district attorney seeks a jurisdictional finding rather than a guilty finding. The goal of the court is to help the child, promote public safety, and offer counseling, treatment, and long-term guidance depending on the child’s circumstances and family history.
Parents should educate their children about their rights and responsibilities, such as the right to remain silent when questioned by police but not having the right to have a parent present during questioning. As a juvenile crimes attorney in Orange County, Cyrus always argues to keep a child in juvenile court and seek out alternative approaches to custody and punishment. Contact for a confidential consultation if your child is facing juvenile criminal charges in Southern California.
Assault And Battery Crime
It’s crucial to comprehend how your behavior and words can be perceived within the legal framework if you were involved in a bar brawl, a workplace altercation, or a family feud. In California, assault and battery have extensive definitions, and they can both be charged against the accused in a criminal trial. It’s important to note that these two are distinct charges under California law. Assault, as stated in Penal Code 240, prohibits the intention or perceived intention of using physical violence to harm someone. In contrast, battery, according to Penal Code 242, is the actual use of physical violence.
DUI (Driving Under The Influence )
A DUI charge in California can have severe and life-altering consequences. It’s critical to take swift action after being arrested; otherwise, you could miss the chance to request a full hearing at the DMV before your criminal case proceeds to court. You have a narrow 10-day window from your arrest date to file your hearing request, which we handle on behalf of our clients. Depending on your personal history and the circumstances surrounding the case, the maximum penalties can range from up to six months in jail to as much as 15 years to life in state prison. A skilled DUI defense attorney can exploit any weaknesses in the evidence and potentially save your license while devising the best strategy to fight your case.
Consult a Skillful Criminal Defense Attorney in Orange County
Criminal charges can have severe consequences, such as jail time, hefty fines, and damage to your reputation, career, and relationships. Therefore, having an experienced attorney on your side can make all the difference. If you are charged, it is important to retain a tenacious advocate to fight for your rights.
He represents people fighting charges in Anaheim, Santa Ana, Tustin, Newport Beach, costa mesa, Huntington Beach, and other cities of Orange county or Los Angeles. Don’t wait to get the help you need. Call our firm at 866-713-2159 and set up an appointment with an attorney who will carefully listen to your story. Cyrus will work tirelessly to protect your rights and secure the best possible outcome for your case.
