San Francisco, California Criminal Defense and DUI Lawyers
David J. Cohen, Attorney at Law - Bay Area Criminal Lawyers, PC
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300 Montgomery Street Suite 660 San Francisco, California 94104 USA |
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(415) 398-3900
(415) 398-7500
www.bayareacrimlaw.com
Contact Mr. David J Cohen
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Bay Area Criminal Lawyers, PC is a criminal defense firm located in San Francisco, California. The firm handles cases at the trial and appellate level. The firm also defends individuals before administrative and regulatory agencies. The firm has handled criminal matters involving narcotics, violent crimes, sex offenses, weapons offenses, driving under the influence, domestic violence, juvenile law, criminal tax, violations of the federal food and drug laws, Racketeer Influence and Corrupt Organization Act (RICO), Continuing Criminal Enterprise (CCE), mail fraud, wire fraud, money laundering, federal securities violations, insider trading, and computer crimes.
The firm has two full time associate attorneys, Cherie Beasley and Jason Campbell. Bay Area Criminal Lawyers, PC is committed to providing its clients with the highest quality of legal representation while maintaining close client contact and emphasizing a strong sensitivity to containing legal costs. The firm has a proven record of success and is dedicated to achieving the best possible result for every client.
Year this Office was Established: 1996
Practice Areas
Additional Practice Areas: Aiding and Abetting/Accessory Defense; Appeals, Writs & Habeas Corpus Petitions; Child Endangerment; Complex Federal Charges; Conspiracy; Criminal Threats; Disorderly Conduct; Extortion; Forgery; Internet Fraud; Pyramid Schemes; Securities Fraud; Tax Evasion; Telemarketing Fraud; Gang Crimes; Kidnapping; Licensing Issues; Post-Conviction Remedies; Regulatory Crimes; Restraining Order Hearings; Stalking.
Practice Areas Description
Our practice includes the following:- Aiding and Abetting/Accessory
A criminal charge of aiding and abetting or accessory can usually be brought against anyone who helps in the commission of a crime, though legal distinctions vary by state. A person charged with aiding and abetting or accessory is usually not present when the crime itself is committed, but he or she has knowledge of the crime before or after the fact, and may assist in its commission through advice, actions, or financial support. Depending on the degree of involvement, the offender's participation in the crime may rise to the level of conspiracy.
- Appeals, Writs & Habeas Corpus Petitions
Appeals, writs and Habeas Corpus petitions are an area that can be vague to many people. You may feel that you were unjustly charged or did not receive a fair trial. A writ of Habeas Corpus protects you from having your freedom taken away when you feel that court actions were unfair or went against your constitutional rights. When you have been convicted of a crime and feel that justice was not served, the skills lawyers at Bay Area Criminal Lawyers, PC, are dedicated to protecting your rights and freedom.
- Arson
Under the criminal law of most states, arson is committed when a person intentionally burns almost any kind of structure or building, not just a house or business. Many states recognize differing degrees of arson, based on such factors as whether the building was occupied and whether insurance fraud was intended. At Bay Area Criminal Lawyers, PC, we know that arson is often committed in order to cover up another crime. When someone sets fire to their own property, it may be for the purpose of insurance fraud.
- Assault
Many people understandably get assault and battery confused. Assault is an attempt to injure another individual; even threatening violence against another person can get you arrested. When assault is committed against a teacher or peace officer, or occurs in a public place such as a school or on public transportation, the penalties may be more severe if convicted. Even charged as a misdemeanor offense, you may be facing up to $1,000 in fines and 6 months in jail. Our assault attorneys realize that the punishment is harsh, and that often innocent people are convicted. If convicted on felony charges, the consequences are even harsher.
- Bribery
Bribery is the offer or acceptance of anything of value in exchange for influence on a government/public official or employee. Bribes can take the form of gifts or payments of money in exchange for favorable treatment, such as awards of government contracts. In most situations, both the person offering the bribe and the person accepting can be charged with bribery. If you are convicted for bribery, you could be facing serious consequences. At Bay Area Criminal Lawyers, PC, our San Francisco bribery attorneys work aggressively to protect your rights and secure your freedom.
- Burglary
Burglary is typically defined as the unlawful entry into almost any structure (not just a home or business) with the intent to commit any crime inside (not just theft/larceny). No physical breaking and entering is required; the offender may simply trespass through an open door. Unlike robbery, which involves use of force or fear to obtain another person's property, there is usually no victim present during a burglary. If you have been arrested for or accused of burglary, it is imperative that you consult with a San Francisco burglary attorney at once. At Bay Area Criminal Lawyers, PC, we offer an aggressive and effective defense for our clients.
- Child Abuse & Endangerment
At Bay Area Criminal Lawyers, PC our child abuse and endangerment attorneys realize how serious allegations are when you are accused of illegal behavior that puts the safety of a child at risk. Those who have been accused of or charged with child abuse or child endangerment need skilled, effective legal counsel. If you are in search of a skilled child abuse and endangerment lawyer, count on us for unmatched legal representation. Our child abuse and endangerment lawyers also know that in many situations, it is best for the child to remain with his/her parents rather than be taken away by the state.
- Child Pornography
Child Pornography includes the possession of images of a child having sexual contact of any kind. Being convicted on charges of child pornography will impact your life forever. At Bay Area Criminal Lawyers, PC, our team of skilled San Francisco child pornography defense attorneys is dedicated to providing the best legal guidance and representation for our clients. Child pornography is a serious criminal offense that is punishable by prison or jail time, steep fines and registration as a sex offender. Whether innocent or guilty, you need a capable lawyer who is dedicated to providing a vigorous defense on your behalf.
- Complex Federal Charges
Complex federal charges require the expertise and skills of a San Francisco federal crimes lawyer with a thorough understanding of these laws. When you have been accused of or charged with crimes such as embezzlement, credit/debit card fraud, money laundering, forgery, tax evasion, pyramid schemes or drug trafficking/cultivation, it is imperative that you have a team of dedicated San Francisco federal crimes attorneys on your side. Our goal is to protect our client’s rights, future and reputation. We know that it takes a lawyer with great skill and experience to obtain the best possible outcome.
- Computer Crimes
Any computer crime from hacking and e-mail interception to internet fraud, software infringement and child pornography is serious business. If you have been accused of or charged with a computer crime, it is essential that you talk to a reputable San Francisco computer crimes attorney right away. At Bay Area Criminal Lawyers, PC, our goal is ultimately to have the charges against you dropped. When that is not possible, our San Francisco computer crimes lawyers will work aggressively to have the charges reduced significantly so that the impact to your life is lessened.
- Conspiracy
Federal charges such as conspiracy to distribute or import illegal drugs, embezzlement, theft, mail and wire fraud conspiracy - these types of charges are extremely serious and require the expertise of a San Francisco criminal defense attorney with experience and in-depth knowledge of these laws. We advise you never to hire the first lawyer you come to in the phone book, or one that is located in your area for convenience. It is essential that you hire a team of dedicated San Francisco criminal defense lawyers when your future is literally hanging in the balance.
- Criminal Threats
It is illegal for any individual to purposely threaten to commit a crime that will result in serious bodily injury or death to another person according to California's Penal Code Section 422. Our criminal threats defense attorneys know that threats can be made either in writing or verbally. Even if you had no intention of carrying out the threat, you may still be arrested. When you find yourself in this situation, it is important that you consult with an experienced criminal threats defense lawyer immediately.
- Disorderly Conduct
With disorderly conduct, you may not present any real danger to the public, but may be acting in an obnoxious or disruptive manner. Some of the activities placed under this category include: Public intoxication; Engaging in lewd conduct in a public area; Loitering on private property when you have no business there, or prowling that property; Engaging in raucous or loud activity in a public area; Engaging in prostitution. While the penalties for disorderly conduct are not as severe as with some other offenses, your reputation and career may be at stake.
- Drug Crimes
At Bay Area Criminal Lawyers, PC, we possess the knowledge, experience, skills and diversity that allow our professional team of San Francisco defense attorneys to rise to any challenge. We understand the laws regarding drug possession, trafficking and manufacturing, and how to use those laws to your advantage. When you hire a lawyer at our firm, you can be sure that aggressive action will be taken, and that we will demand the strictest burden of proof from prosecutors. You are innocent until proven guilty beyond a reasonable doubt, and we uphold that innocence.
- DUI
After a traffic stop and any field sobriety tests, the first stage of the criminal process in a DUI case begins when a police officer places the suspect under arrest. An "arrest" occurs when a person has been taken into police custody and is no longer free to leave or move about. The use of physical restraint or handcuffs is not necessary. An arrest can be complete when a police officer simply tells a crime suspect that he or she is "under arrest", and the suspect submits without the officer's use of any physical force. The key to an arrest is the exercise of police authority over a person, and that person's voluntary or involuntary submission.
- Expungement
Expungement is often equated to the sealing or destroying of legal records. Each state offers its own definition of expungement, based on different rules and laws. Generally, expungement can be viewed as the process to "remove from general review" the records pertaining to a case. But the records may not completely "disappear" and may still be available to law enforcement. At Bay Area Criminal Lawyers, PC, we understand that the whole issue of expungement is confusing for most people. You want your criminal record cleared, but you do not know how to go about it. That is exactly why you need a capable San Francisco expungement attorney who is skilled and knowledgeable in this often complex area of the law.
- Extortion
There are many instances in which you could be charged with extortion. For example, you may know something that your employer has done illegally, and be demanding a pay raise or promotion in order to keep quiet about the issue. No matter what you have done, a reputable San Francisco extortion lawyer will put forth the effort and do the work so that you can put this behind you. If it requires bringing in investigators or other experts, we go the distance. Our San Francisco extortion attorneys take an aggressive approach; we do not believe in taking any offer that prosecutors may make.
- Extradition
Extradition is the official process whereby one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal. Between nation states, extradition is regulated by treaties. An experienced federal defense attorney can challenge the extradition request and help you to preserve your rights under the United States Constitution. This is important, because often, you have more legal rights here than you would in the country to which you could be extradited. You can be granted bail while challenging the extradition request.
- Firearm Crimes
Crimes involving firearms are taken very seriously in the state of California. Whether it is your first offense or you are a convicted felon, it is crucial that you consult with an experienced firearms crimes lawyer immediately. You may be under investigation, or have already been arrested. Without the support of a talented attorney, you will face serious penalties/punishment. Convicted felons are not allowed to possess firearms; if caught with a rifle, pistol or other fun, your freedom is at stake. Our firearms crimes defense attorneys have the experience, skill and knowledge to successfully represent those who have been charged with any firearms related offense.
- Fraud and Financial Crimes
Fraud and financial crimes can put your future in jeopardy, having a catastrophic impact on your life. At Bay Area Criminal Lawyers, PC, our team of San Francisco fraud attorneys works hard to protect your reputation and rights. You may be facing severe penalties such as steep fines and imprisonment depending on the crime and circumstances. When you have been accused of or charged with fraud or financial crimes, consult with a skilled San Francisco criminal defense lawyer at once. Below is a list of common types of fraud:
* Credit / Debit Card Fraud
Credit/debit card fraud is committed when one person 1) fraudulently obtains, takes, signs, uses, sells, buys, or forges someone else's credit or debit card or card information; 2) uses his or her own card with the knowledge that it is revoked or expired or that the account lacks enough money to pay for the items charged; and 3) sells goods or services to someone else with knowledge that the credit or debit card being used was illegally obtained or is being used without authorization.
* Embezzlement
Embezzlement is defined in most states as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. For example, while working as a bank manager, Dan alters customer deposit receipts and account information, then siphons bank money into his own pocket.
* Forgery
The crime of forgery generally refers to the making of a fake document, the changing of an existing document, or the making of a signature without authorization. Documents that can be the object of forgery include contracts, identification cards, and legal certificates. Most states require that forgery be done with the intent to commit fraud or theft/larceny.
* Insurance Fraud
Insurance fraud occurs most often when an insured individual or entity makes a false or exaggerated insurance claim, seeking compensation for injuries or losses that were not actually suffered. Insurance fraud can also be committed upon customers, through 1) the sale of unlicensed or bogus insurance coverage to unsuspecting clients, or 2) an insurance broker or agent's diversion or theft of insurance premiums paid by clients.
* Money Laundering
Money laundering statutes make it a crime to transfer money derived from almost any criminal activity (including organized crime, white-collar offenses, and drug transactions) into seemingly legitimate channels, in an attempt to disguise the origin of the funds.
* Pyramid Schemes
Pyramid schemes are a criminal form of investment fraud in which a large return on a small amount of money is promised, if the initial investor convinces new recruits to invest their own money in turn. The "pyramid" is built on the belief that others will continue to add their own money into the scheme. But once additional investors become scarce, the pyramid collapses and large amounts of money can be lost. Increasingly, pyramid schemes are conducted via the Internet and e-mail.
* Securities Fraud
Securities fraud can be committed when 1) a corporate officer or director makes a material misrepresentation, withholding, or distortion related to stock information (usually pertaining to value), 2) an officer or director unlawfully discloses confidential information related to a stock, and 3) an individual or entity acts upon the unlawful disclosure of certain confidential stock information. Securities fraud is usually governed by both federal and state law, and legal action can be initiated by private investors, or by a government agency such as the U.S. Securities and Exchange Commission.
* Tax Evasion
Tax evasion/fraud laws make it a federal or state crime to purposefully avoid the payment of federal, state, or local taxes, whether those taxes are a personal obligation or that of a business entity. A tax evasion/fraud conviction can result in penalties such as fines, incarceration, and asset forfeiture.
* Telemarketing Fraud
Laws related to telemarketing fraud commonly pertain to various deceptive schemes directed at consumers via unsolicited telephone calls, promising prize winnings and large cash windfalls that are non-existent or fraudulent. Telemarketing fraud schemes are often targeted toward the elderly.
* Wire Fraud
Wire fraud crimes refer broadly to any fraudulent or deceitful scheme to secure money or property, committed or aided through the use of interstate "wires" -- meaning television, radio, telephone, or computer modem. Almost all instances of wire fraud are considered federal crimes, due to their potential interstate effects.
- Gang Crimes & Gang Crime Charges
Some of the most common offenses that involve gang members include assault and battery, robbery, burglary, drug crimes, murder, prostitution and other violent crimes. Frequently, teens and young adults become involved in gangs. As a parent, you do not want to see your child face severe consequences for his/her actions. All people make mistakes, and those who become involved in gangs and commit crimes are no exception. Our gang crimes defense lawyers are aggressive, experienced and capable of devising a strong and effective defense on behalf of those charged with gang offenses.
- Identity Theft
Identity theft laws in most states make it a crime to misuse another person's identifying information -- whether personal or financial. Such data (including social security numbers, credit history, and PIN numbers) is often acquired through 1) the offender's unlawful access to information from government and financial entities, or 2) lost or stolen mail, wallets and purses, identification, and credit or debit cards.
- Juvenile Law
Juvenile law applies to individuals who are under 18 years old, and who have been accused of crimes such as drug possession, assault and battery, car theft, armed robbery and other criminal offenses. At Bay Area Criminal Lawyers, PC, our skilled San Francisco juvenile defense lawyers use their expertise to protect the rights and freedom of juveniles. If your child has been accused of or charged with a crime and is under 18 years of age, you need an experienced San Francisco criminal defense attorney on your side.
- Kidnapping
Under federal and state law, kidnapping is commonly defined as the taking of a person from one place to another against his or her will, or the confining of a person to a controlled space. Some kidnapping laws require that the taking or confining be for an unlawful purpose, such as extortion or the facilitation of a crime. A parent without legal custody rights may be charged with kidnapping for taking his or her own child, in certain circumstances.
- Licensing Issues
A criminal conviction can be a threat to your medical license, law license, and teacher's certification. It can prevent you from being around controlled substances if you are a nurse. If you are a therapist, convictions of certain types of crimes can damage your ability to work. We defend you in these proceedings and help you protect yourself against revocation of your license.
- Murder Charges & Murder Criminal Defense
There are many types of murder charges that may be leveled against an individual. Premeditated, accidental, murder in self-defense, conspiracy to murder, first and second degree - all are serious charges. If you do not take quick action in hiring a murder defense lawyer, you may be facing years to life behind bars, along with other harsh penalties. Our murder defense attorneys are fully capable of defending your rights, and providing you with unparalleled legal representation.
- Perjury
Perjury statutes in many states make it a crime to knowingly lie after taking an oath to tell the truth, such as when testifying in court or communicating through certain legal documents. The falsehood must usually be material to the matter at issue, though perjury can also be committed by simply signing a document with the knowledge that it contains false assertions. When you have been accused of perjury, it is essential that you consult with a San Francisco perjury defense attorney at once.
- Post-Conviction Remedies
Whether you plead guilty or were found guilty at trial, there is still a chance to get better results. You may feel that you did not receive a fair trial, or you may have agreed to a plea bargain and feel that you have made a mistake in doing so. Our competent San Francisco criminal defense attorneys are knowledgeable about post-conviction remedies; our skills and extensive background allow us to counsel our clients and challenge the results often handed off by lower courts.
- Prostitution
There are several areas related to prostitution, including solicitation of prostitution and pandering. Whether you were actually providing the services (engaging in sexual acts for pay), or soliciting (you were the one paying for the sexual services), your reputation could face ruin, and your freedom is at stake. A reputable San Francisco prostitution defense lawyer will discuss the charges with you in order to determine what defenses or alternative plan of action will best protect your future.
- Racketeering/RICO
Federal and state racketeering, profiteering, and RICO (Racketeer-Influenced and Corrupt Organization) laws make it illegal for criminal organizations to profit from any legitimate business operations. Many of these laws allow for the confiscation and seizure of the criminal organization's legitimate enterprise assets, and are typically used against known "organized crime" groups. The goal is to cripple the operation financially, and cut off sources of cash that support ongoing criminal activity.
- Regulatory Crimes
Those who have been accused of violating regulations or who are having proceedings brought against them by city regulatory agencies, the Department of Consumer Affairs, the Securities and Exchange Commission or other agencies or commissions need a San Francisco criminal defense attorney who is aggressive and will dedicate the necessary time and focus to obtain a successful outcome. We adhere to the firm belief that every client is innocent until proven guilty beyond a reasonable doubt. Our San Francisco criminal defense attorneys are effective and dedicated, capable of getting the results our clients want and deserve.
- Restraining Order Hearings
Restraining orders typically are issued when you are guilty of harassing, annoying or stalking someone. It may be that you have been restrained from contacting or coming within so many feet of a spouse due to charges of domestic violence, or you may have been threatening someone. Our San Francisco restraining order lawyers know that frequently civil litigation results from what is said at a restraining order hearing. It is important that you have skilled counsel to represent you at these types of hearings.
- Sexual Offenses
If you have been accused of rape, sexual assault, rape, child molestation or other lewd conduct, it is imperative that you consult with a reputable San Francisco sex crimes lawyer right away. Being convicted of a sexual offense will have a negative impact on your life, affecting your reputation, career and even where you may or may not reside. Our San Francisco criminal defense attorneys are skilled, knowledgeable and dedicated to protecting your rights. At Bay Area Criminal Lawyers, PC, we will thoroughly investigate your case in order to determine the best course of action.
- Stalking
Stalking laws in most states pertain to a relatively new crime involving a clear pattern of conduct in which the offender follows, harasses, or threatens another person, putting that person in fear for his or her safety. An individual may be charged with stalking regardless of any pre-existing relationship with the victim. Stalking victims can range from celebrities to former spouses who have obtained a protective order against their ex.
- Theft/Larceny
Larceny is another term to describe theft. Whether you have been accused of petty or grand theft, it is in your best interest to consult a reputable San Francisco criminal defense attorney. For charges of shoplifting, a first offense may be lessened to an infraction which means you will not have a criminal record. Being convicted on grand theft is extremely serious; you may be facing up to 16 months, 2 years or even 3 years in state prison, hefty fines, restitution, probation or even community service. Our San Francisco criminal defense lawyers will help you to avoid being charged with or convicted of theft/larceny.
- Violent Crimes & Weapons Offenses
Violent crimes and weapons offenses frequently bring severe penalties if you are convicted of the offense. Whether the crime you have been accused of is assault/battery, domestic violence, robbery, or assault with a deadly weapon, it is imperative that you seek legal counsel with an experienced San Francisco violent crimes lawyer. Your future and freedom are at stake; without effective representation, you are likely facing years behind bars and steep fines among other things.
* Assault/Battery
In most states, an assault/battery is committed when one person 1) tries to or does physically strike another, or 2) acts in a threatening manner to put another in fear of immediate harm. Many states declare that a more serious or "aggravated" assault/battery occurs when one 1) tries to or does cause severe injury to another, or 2) causes injury through use of a deadly weapon. Historically, laws treated the threat of physical injury as "assault", and the completed act of physical contact or offensive touching as "battery," but many states no longer differentiate between the two.
* Domestic Violence
Many people assume that domestic violence can occur only in a marriage relationship, however this is a fallacy. An experienced domestic violence defense attorney knows that this offense often refers to violence that takes place between former spouses, those with common children, individuals in a dating relationship, and unmarried partners, whether of the same or different genders. When you have been accused or charged with this offense, it is urgent that you consult with one of our domestic violence defense attorneys right away.
- Robbery
When you attempt to take property by force or threat of force from the immediate possession of another person, you are committing the crime of robbery. You do not have to use extreme force in order to be prosecuted. Our robbery lawyers work to protect the legal rights and freedom of our clients, whether innocent or guilty. You may assume that if you are truly innocent, you do not need skilled legal representation. Nothing could be further from the truth; this is when you absolutely need a capable lawyer to provide legal support and guidance.
- White Collar Crimes
White Collar Crime is a term used to describe the non-violent theft of money, goods, or services. Being convicted of a white collar crime can leave you facing harsh penalties. Whether you have been accused of tax fraud, writing bad checks, embezzlement, money laundering or identity theft, it is to your advantage to consult with a knowledgeable San Francisco white collar crimes defense attorney right away. At Bay Area Criminal Lawyers, PC, we work aggressively on behalf of our clients, providing effective legal counsel in order to protect your freedom and rights.
Attorneys
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Mr. David J. Cohen
Attorney Criminal Law |
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