criminal defense | Los Angeles criminal defense attorney

EXCLUDED CRIMES

House arrest is not available for a
number of criminal crimes, including:

CALIFORNIA PENAL CODE EXCLUDED CRIMES

Perjury Resulting in Capital Punishment (CA Penal Code 128)
Threat to Use Force upon Witness or Their Family (CA Penal Code 139(a))
Threatening Witness, Victim or Informant (CA Penal Code 140)
Resist, Delay or Obstruct Public Officer (CA Penal Code 148)
Slavery (CA Penal Code 181)
Criminal Street Gang (CA Penal Code 186.26)
Murder (CA Penal Code 187(a))
First or Second Degree Murder (CA Penal Code 189)
Voluntary Manslaughter (CA Penal Code 192)
Manslaughter – Involuntary (CA Penal Code 192(B))
Mayhem (CA Penal Code 203)
Aggravated Mayhem (CA Penal Code 205)
Kidnapping (CA Penal Code 207)
Kidnapping for Ransom or Extortion (CA Penal Code 209)
False Imprisonment - Kidnap to Evade Arrest (CA Penal Code 210.5)
Robbery (CA Penal Code 211)
Robbery in an Inhabited Dwelling, Vessel, or Building If Person Charged with Using a Deadly or Dangerous Weapon per CA Penal Code 12022 (CA Penal Code 212.5(a))
Robbery: Inhabited House or Trailer (CA Penal Code 213.5)
Carjacking (CA Penal Code 215)
Attempt to Kill Specified Public Officials (CA Penal Code 217.1)
Train Wrecking (CA Penal Code 218)
Train Derailing (CA Penal Code 219)
Assault with Intent to Commit Mayhem, Rape, Sodomy, Oral Copulation, or Any Violation of CA Penal Code 264.1, 288 or 289 (CA Penal Code 220)
Assault (CA Penal Code 240, 241.1)
Battery (CA Penal Code 242, 243)
Assault with Chemicals (CA Penal Code 244)
Assault with Deadly Weapon or Force Likely to Produce Great Bodily Injury (CA Penal Code 245)
Shooting At Inhabited Dwelling, Building, Occupied Motor Vehicle (CA Penal Code 246)
Rape (CA Penal Code 261)
Spousal Rape (CA Penal Code 262)
Rape in Concert with Force and Violence (CA Penal Code 264)
Enticement of Female under 18 for Prostitution (CA Penal Code 266)
Abduction of Person under 18 for Prostitution (CA Penal Code 267)
Desertion of Child under 14 (CA Penal Code 271)
Contributing to Delinquency of Person under 18 (CA Penal Code 272)
Willful Cruelty of a Child (CA Penal Code 273)
Corporal Punishment of a Child (CA Penal Code 273d)
Corporal Injury of Spouse, Cohabitant of Opposite Sex, or Mother or Father of His or Her Child (CA Penal Code 273.5(a))
Incest (CA Penal Code 285)
Sodomy (CA Penal Code 286)
Lewd Acts on a Child under 14 (CA Penal Code 228)
Oral Copulation (CA Penal Code 288a)
Three or More Acts of Substantial Sexual Conduct with Child under 14 (CA Penal Code 288.5)
Penetration by Foreign Object (CA Penal Code 289)
Rape and Sodomy (CA Penal Code 289.5)
GBI or Mental Suffering of Dependent Adult (CA Penal Code 368.6)
Incitement to Riot (CA Penal Code 404.6)
Lynching (CA Penal Code 405b)
Exhibit Deadly Weapon (CA Penal Code 417)
Exhibit Firearm in Presence of Officer (CA Penal Code 417.1)
Exhibit Laser Scope at a Person-Threatening Manner (CA Penal Code 417.25)
Exhibit Firearm in Presence of Vehicle Occupant (CA Penal Code 417.3)
Exhibit Imitation Firearm in Threatening Manner (CA Penal Code 417.4)
Intentionally Inflicting GBI While in the Commission of Penal Code 417, 417.1 or 417.8 (CA Penal Code 417.6)
Exhibit a Firearm with the Intent to Resist Arrest (CA Penal Code 417.8)
Arson (CA Penal Code 451, 454)
Unlawfully Causing Fire (CA Penal Code 452)
Possession of Explosives or Flammable Matter (CA Penal Code 453)
Attempt Arson (CA Penal Code 455)
Burglary with Explosives (CA Penal Code 464)
Grand Theft Person (CA Penal Code 487(C))
Extortion (CA Penal Code 519)
Stalking (CA Penal Code 646.9)
Annoy/Molest Child with Prior Felony Conviction (CA Penal Code 646.6)
Solicit Commission of Certain Offenses (CA Penal Code 663f)
Any Attempt of Any Violation on the EMOI List (CA Penal Code 664)
Principal Armed with Firearm (CA Penal Code 12022(a))
Personal Use of Weapon Other Than Firearm (CA Penal Code 12022(B))
Use Firearm Sex Case (CA Penal Code 12022.3(a))
Armed Firearm Sex Case (CA Penal Code 12022.3(B))
Personal Use of Firearm (CA Penal Code 12022.5(a))
Infliction of Great Bodily Injury (CA Penal Code 12022.7)
GBI in Connection with Certain Sex Offenses (CA Penal Code 12022.8)
GBI Causing Termination of Pregnancy (CA Penal Code 12022.9)
Personally Shooting From a Motor Vehicle (CA Penal Code 12034(C))
Carrying or Placing Explosive on Common Carrier (CA Penal Code 12303.1)
Possession of Destructive Devices or Explosives in Public Places (CA Penal Code 12303.2)
Possession of Exploding or Destructive Device or Explosive with Intent to Injure (CA Penal Code 12303.3)
Explosion of Destructive Device with Intent to Commit Murder (CA Penal Code 12308)
Unlawful Explosion Causing Bodily Injury (CA Penal Code 12309)
Explosive Device Which Causes Mayhem (CA Penal Code 12310)
Possession of Materials with Intent to Make Destructive Device or Explosive (CA Penal Code 23120)
Booby Trap Causing GBI (CA Penal Code 12355)

CALIFORNIA HEALTH &
SAFETY CODE EXCLUDED CRIMES

Prescribing, Administering or Furnishing Controlled Substances (CA Health & Safety Code 11154)
Physician Surrendering Controlled Substance (CA Health & Safety Code 11155)
Possession or Purchase for Sale of Certain Specific or Classified Controlled Substances (CA Health & Safety Code 11351)
Possession or Purchase for Sale of Cocaine Base (CA Health & Safety Code 11351.5)
Illegal Transportation, Sale, Furnishing of Certain Specific or Classified Controlled Substances Person 18 Years or Over Using Minor in Sale, Transportation, or Giving to a Minor Certain Specific or Classified Controlled Substances (CA Health & Safety Code 11353)
Adult Preparing to Sell to Minor Drugs or Narcotics (CA Health & Safety Code 11353.5)
Person under 18 Years Using Minor in Sale, Transportation, or Giving to a Minor Certain Specific or Classified Substances (CA Health & Safety Code 11354(a)
Marijuana: Possession for Sale (CA Health & Safety Code 11359)
Marijuana: Transportation, Sale, Furnishing (CA Health & Safety Code 11360(a))
Marijuana: Person 18 Years or Over Using Minor in Sale, Transportation, Giving to Minor (CA Health & Safety Code 11361 (Et Al.))
Maintaining Place for Selling, Giving, Using of Certain Specific or Classified Controlled Substances (CA Health & Safety Code 11366)
Allowing Location to Be Fortified for Sale (CA Health & Safety Code 1356.5(B))
Using Fort Location for Sale (CA Health & Safety Code 11366.6)
Possession of Controlled Substances for Sale (CA Health & Safety Code 11378)
Possession or Purchase for Sale of PCP (CA Health & Safety Code 11378.5)
Transportation, Sale of Controlled Substances (CA Health & Safety Code 11379)
Transportation, Sale of PCP (CA Health & Safety Code 11379.5)
Manufacture of PCP (CA Health & Safety Code 11379.6)
Soliciting Minor Re Controlled Substances (CA Health & Safety Code 11380)
Possession of Precursors with Intent to Manufacture Methamphetamine (CA Health & Safety Code 11383(a)
Possession of Precursors with Intent to Manufacture PCP (CA Health & Safety Code 11383(B))
Cultivation of Mushrooms (CA Health & Safety Code 11390)
Transportation of Mushrooms (CA Health & Safety Code 11391)

EXCLUDED ENHANCEMENTS

Any charges/convictions that have the following enhancement(s) are considered violent:

Sex Crimes (Repeat Offender) against Aged/Under 14 (CA Penal Code 657.10)
Sex Conviction with Prior Sex Conviction (CA Penal Code 677.6(a)
Sex Conviction with Two or More Prior Sex Convictions (CA Penal Code 667.6(b))
GBI with Prior Violent Felony Conviction (CA Penal Code 667.7)
Kidnapping to Commit Sex Offense (CA Penal Code 657.10)
Kidnapping to Commit Sex Offense, Victim Under 14 (CA Penal Code 667.8(b))
Violent Felonies against Aged (CA Penal Code 1203.09)
Street Gang Crimes with Firearm (CA Penal Code 12021.5)
Use of Firearm in Commission of a Felony (CA Penal Code 12022)
Furnish a Firearm to Another for Aiding and Abetting Another to Commit a Felony (CA Penal Code 12022.4)
Use of Firearm in Commission of Felony (CA Penal Code 12022.5)
Intentional Infliction of GBI or Death by Discharging Firearm From Vehicle (CA Penal Code 12022.55)
Infliction of GBI in Commission of Felony (CA Penal Code 12022.7)
Administer Controlled Substance against Victim's Will (CA Penal Code 12022.75)
Inflict GBI in Commission of Certain Sex Offenses (CA Penal Code 12022.8)
Sexual Offense with Knowledge That He or She Has AIDS or HIV (CA Penal Code 12022.85)
Intentional Infliction of Injury upon Pregnant Victim Which Terminates Pregnancy (CA Penal Code 12022.9)

Law Offices of Stephen G. Rodriguez
633 West 5th Street
26th Floor
Los Angeles, California 90071

Telephone
(213) 223-2173

Los Angeles criminal defense attorneys Stephen G. Rodriguez and Associates represent clients in the Los Angeles county area, which include, Airport Courthouse, Alhambra Superior Court, Antelope Valley Court, Bellflower/Cerritos Courthouse, Beverly Hills Court, Burbank Courthouse, Catalina Courthouse, Central Arraignment Court, Central Civil West Courthouse, Chatsworth Court, Criminal Courts Building/Clara Shortridge Foltz Criminal Justice Center, Compton Superior Court, Culver City Court, David V. Kenyon Juvenile Justice Center, Downey Courthouse, Eastlake Juvenile Court, East Los Angeles Court, El Monte Courthouse, Glendale Courthouse, Hollywood Court, Inglewood Courthouse, Inglewood Juvenile Courthouse, Long Beach Superior Court, Los Padrinos Juvenile Courthouse, Central District Court (Downtown Los Angeles Federal Court), Malibu Court, Mental Health Courthouse, Metropolitan Courthouse, Norwalk Superior Court, Pasadena Superior Court, Pomona Courthouse North, Pomona Courthouse South, Redondo Beach Courthouse, San Fernando Court, San Pedro Court, San Pedro Courthouse Annex, Santa Clarita Court, Santa Monica Court, Stanley Mosk Courthouse, Sylmar Juvenile Court, Torrance Superior Court, Van Nuys Courthouse East, Van Nuys Courthouse West, West Covina/Citrus Court, West Los Angeles Court, and Whittier Superior Court.

Some of the terms that pertain to our practice include, but are not limited to: dui, child abuse, identity theft, drunk driving, fraud, domestic violence, grand theft, felony, kidnapping, narcotics, robbery, misdemeanors, restraining order, TROs, arrest warrant, theft, hit and run, vandalism, arson, shoplifting, stalking, cyber stalking, embezzlement, burglary, extortion, bench warrant, expungement, criminal threats, sex crimes, solicitation, probation violation, suspended license, carjacking, gun weapon, attempted murder, petty theft, alternative sentencing, lewd conduct, drug possession, clear criminal record, juvenile offense, seal juvenile records, prostitution, rape, bail, criminal appeal, assault, battery, attempted murder, solicitation for prostitution, criminal threats, trespass, commercial burglary, residential burglary, theft crimes, credit card fraud, violent crimes, proposition 36, perjury, murder, attempted murder, three strikes, prostitution, rape, statutory rape, receiving stolen property, forgery, vandalism, weapons, gun charges, vehicular manslaughter, disorderly conduct, drug diversion, DEJ, grand theft, grand theft auto, house arrest, electronic monitoring, marijuana, conspiracy, petty theft with prior, attempt crimes, drug offenses, bribery, blackmail, child abuse, and bench warrant.