There’s Good News and Bad News.

Generally speaking, that is usually the way things are.  In the latest reporting year of 2017 did you know that violent crime in California was up 1.5%, BUT the levels are comparable to the late 1960’s?  The violent crime rate in the Big Bear State has decreased substantially in the last 30 years and that’s good news!

The Public Policy Institute of California puts it into perspective.  Through 2017 59% of reported violent crimes in California were aggravated assaults, 32% were robberies, 8% were rapes, and 1% were homicides.  Perhaps none of this means much to you…unless you or a loved one has been detained on one of these charges in 2020.

Now, it gets really personal!  If you or anyone you care about is accused of a violent crime in the greater San Jose area please call on me.  I am San Jose criminal defense attorney William Chestnut.  You can call me Bill, but just call me.  Personally, I thought it was a crime that The Sharks let Joe Pavelski get away!  My number is (408) 298-6990.

Proposition 47 and 57.

That may not mean much to you, but let us explain.  Proposition 57 allows nonviolent inmates to petition for earlier release and participate in rehabilitation programs.  All releases still need approval from the parole board.  Proposition 47, meanwhile, reduced some crimes from felonies to misdemeanors.  They were passed in 2016 and 2014 respectively.

A new ballot measure which will be voted on in 2020 would shorten the list of who can seek earlier parole and reclassify some theft crimes from misdemeanors to felonies.  It would also expand the number of crimes where DNA is collected, a list that was limited when some crimes went from felonies to misdemeanors.

Of course, we hope that none of this will affect you or your family this upcoming year, but it is good to be aware of it early.  If you or a loved one is arrested on a criminal charge keep your vision 2020 this new year and immediately contact San Jose Ca criminal defense attorney William Chestnut.  Prosecutors know…you can’t crack this chestnut!  Call (480) 298-6990.

There’s Gold in Them Thar Hills!

It was an expression used frequently in Northern California in the late 1840’s and 1850’s.  By the time it ended, California had gone from a thinly populated ex-Mexican territory, to having one of its first two U.S. Senators John C. Fremont becoming the first Republican Party candidate for President of the United States in 1856.

The effects of the Gold Rush were substantial.  Outside of California, the first to arrive were from Oregon, Hawaii, and Latin America.  Of the approximately 300,000 people who came to California during the Gold Rush, about half arrived by sea and half came overland.  The forty-niners often faced substantial hardships on the trip, but they felt it was worth it!

Today, the 49rs are mostly confined to the gridiron, but the effect that those original 49rs had on Northern California was forever impactful.  I am proud to be a part of this ever-growing valley.  My name is William (Bill) Chestnut.  For decades, I have been a criminal defense attorney out of San Jose.  To you and your family I wish a Merry Christmas and a Happy Holiday Season.

You’rrre Outta There!

Three strikes and you’re out on the baseball diamond AND in the California court system.  In 1994, California passed a sentencing law colloquially called the “Three Strikes and You’re Out” law.  At the time it was originally enacted, the law established a mandatory sentence of 25 years to life in prison for any defendant convicted of a third felony, or third “strike,” regardless of the nature of the felony.

Finally, in 2012 Californians voted in support of Proposition 36.  It revised the law so that mandatory life sentences would only be imposed for “violent” or “serious” felonies.  For example, if a defendant is convicted of selling or distributing cocaine, heroin, meth-making materials, or PCP to a person under the age of 18, and has two prior strikes, he or she will be subject to the Three Strikes sentencing law.

It may be more lenient than it used to be, but The Big Bear State has a very low tolerance for convicted drug dealers.  San Jose criminal defense attorney William Chestnut knows that the legalization of small amounts of marijuana does NOT clear the way for other drugs!  Call on Bill for vigorous California drug defense at (480) 298-6990.   

Eastridge Center - 12/8 - Santa Cares

Eastridge Center - 12/8 - Santa Cares

(Click the link above for more information)

Children within every spectrum of special needs and their families are invited to a private photo session, to experience the time-honored tradition of a visit with Santa Claus during dedicated hours. Please reserve your complimentary ticket on Eventbrite - ONE TICKET per group/family, please.  

Theft or Larceny…a Rose by any Other Name.

They are different words, but they mean the same thing in the State of California.  If you, or a loved one, has been detained on a charge of theft, you have been accused of a crime against property.  Note that Grand Theft can lead to imprisonment of up to three years, or in the alternative, a person can spend up to one year in the county jail.

Theft takes on several forms such as –

1.  Personal property

2.  Money…good ole’ greenbacks

3.  Real property…perhaps land or buildings

4.  The determined value of labor or services

If someone is convicted of theft in California, they could face up to 364 days in county jail and up to a $1000 fine.  Even petty theft (value less than $950.00) can carry a sere penalty.  The time is NOW to contact San Jose criminal defense attorney William Chestnut.  Bill will use his 40+ years of defending Californians against a charge of theft.  Call him today at (480) 298-6990.  

Did You or Someone you Care about Violate Penal Code Section 273.5?

California Penal Code Section 273.5 is the most commonly charged domestic violence related charge that deals with corporal injury to an individual who is or who once was an intimate partner of the accused.  Remember this…some women and men who are accused of domestic violence are actually victims of domestic violence!

Here are some things to know about the elements of 273.5 –

1.  Did the act lead to a traumatic condition?

2.  Was it an intentional act?

3.  How is an “intimate partner” defined?

4.  Was the defendant falsely accused? 

There is the rub.  Even in this “me too” world, thousands of people are being falsely accused of domestic violence.  Were you one of them?  Please call domestic violence defense attorney William Chestnut right away.  He practices out of San Jose CA and serves all of the surrounding area.  Just give Bill a call at (480) 298-6990.