Long Beach Criminal Defense Attorneys

Criminal charges—whether a misdemeanor or felony—carry serious consequences that can impact your freedom, employment, professional licenses, immigration status, and reputation.

At Eisner Gorin LLP, our Long Beach criminal defense attorneys provide strategic legal representation to individuals facing criminal accusations in Los Angeles County.

We understand how the Long Beach courts operate, how prosecutors build cases, and how to challenge the evidence against you at every stage of the legal process.

An arrest is not a conviction. With early intervention and experienced legal counsel, many criminal cases can be reduced, dismissed, or resolved through diversion programs without mandatory jail time.

What Should You Do After an Arrest in Long Beach, CA?

If you or a loved one is arrested or faces criminal charges in Long Beach, taking immediate, informed legal action is essential. Long Beach is one of the largest cities in Los Angeles County and relies on its own dedicated judicial hub.

The Governor George Deukmejian Courthouse (275 Magnolia Ave, Long Beach, CA 90802) handles both misdemeanor and felony prosecutions.

Arrests throughout the South Bay and Harbor areas are conducted by multiple law enforcement agencies, including:

Long Beach Police Department (LBPD)
Signal Hill Police Department
Los Angeles Port Police
California Highway Patrol (CHP)
Los Angeles County Sheriff's Department (LASD)

Most individuals arrested in Long Beach are initially booked into the Long Beach City Jail before the Los Angeles County District Attorney's Office or the Long Beach City Prosecutor reviews their case.

Early pre-filing intervention by a defense attorney can often prevent formal criminal charges from being filed altogether.

What Types of Criminal Charges Are Prosecuted in Long Beach?

Our legal defense team regularly represents individuals facing state and federal criminal charges prosecuted at the Governor George Deukmejian Courthouse in Long Beach.

The primary types of offenses prosecuted in the Long Beach judicial district include:

What Penal Code Statutes Apply to Driving Under the Influence (DUI) Charges?

DUI prosecutions in Long Beach are handled under California Vehicle Code (VC) statutes:

VC 23152(a) & (b) – First-Time & Repeat Misdemeanor DUI: Prohibits driving while impaired by alcohol or operating a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher. Prosecutors must prove operation of a vehicle and concurrent impairment or excessive BAC.
VC 23153 – Felony DUI Causing Injury: Applies when an impaired driver causes bodily injury to another person. Convictions carry mandatory state prison sentences, high financial restitution, and long-term driver's license revocations.
VC 23152(f) – Drug-Impaired Driving (DUID): Prohibits driving under the influence of illegal narcotics, prescription drugs, or legal cannabis.

How Does California Law Define Domestic Violence and Family Offenses?

Domestic abuse allegations in Long Beach are aggressively prosecuted by the Los Angeles County District Attorney or City Prosecutor:

PC 273.5 – Corporal Injury to a Spouse or Cohabitant: A "wobbler" offense filed when physical force results in a visible "traumatic condition" (e.g., bruising, swelling, or cuts). Prosecutors must prove willful application of force and a direct causal link to the injury.
PC 243(e)(1) – Domestic Battery: A misdemeanor charge alleging unlawful, offensive physical contact against an intimate partner, even if no visible physical injury occurred.
PC 273.6 – Violation of a Restraining Order: Criminal penalties for knowingly violating a valid domestic violence protective or stay-away order.

What Are the Statutory Differences Between Theft, Robbery, and Property Crimes?

Property crime penalties in California depend heavily on the monetary value of the property and whether force was used:

PC 484 & PC 488 – Petty Theft: Misdemeanor theft of property or cash valued at $950 or less.
PC 487 – Grand Theft: Theft of property, vehicles, or cash exceeding $950. Can be charged as a felony, carrying state prison liability.
PC 459 – Commercial & Residential Burglary: Unlawfully entering any structure with the intent to commit a theft or felony inside. First-degree residential burglary is a violent felony and a strike under California's Three Strikes Law.
PC 211 – Robbery: The felonious taking of personal property from another's person or immediate presence against their will through force or fear.

What Drug Offenses Are Charged in Los Angeles County?

Controlled substance prosecutions in Long Beach fall under the California Health and Safety Code (HS):

HS 11350 – Possession of a Controlled Substance: Unlawful physical or constructive possession of controlled substances (e.g., cocaine, heroin, unprescribed pharmaceuticals) without a valid prescription.
HS 11351 – Possession of Drugs for Sale: A non-reducible felony requiring prosecutors to prove intent to distribute using circumstantial evidence, such as scales, packaging materials, or large amounts of cash.
HS 11352 – Transportation or Sale of Narcotics: Felony charges for importing, selling, furnishing, or transporting illicit drugs within Los Angeles County.

What Constitutes Violent Crimes and Assault Charges Under the California Penal Code?

Violent offense allegations carry the heaviest statutory penalties and potential sentence enhancements:

PC 240 & PC 242 – Assault and Battery: Misdemeanor charges involving an unlawful attempt to commit a violent injury, or the actual willful application of force against another person.
PC 245(a)(1) – Assault with a Deadly Weapon (ADW): Assault committed with a deadly instrument or firearm, or through force likely to produce great bodily injury (GBI).
PC 422 – Criminal Threats: Willfully threatening to commit a crime that will result in death or great bodily injury, instilling reasonable, sustained fear in the victim.
PC 187 – Homicide / Murder: The unlawful killing of a human being with malice aforethought.

What Laws Regulate Sex Crimes and Mandatory Registration Requirements?

Sex offense convictions carry catastrophic long-term consequences, including mandatory sex offender registration under California Penal Code 290:

PC 243.4 – Sexual Battery: Non-consensual touching of an intimate part of another person for sexual gratification or abuse.
PC 261 – Rape: Non-consensual sexual intercourse accomplished by means of force, violence, duress, or incapacity.
PC 311 – Internet Sex Offenses & Possession: Charges involving unlawful digital materials or internet sting operations conducted by law enforcement task forces.

How Does California Define White Collar Financial Crimes?

Financial and white-collar prosecutions often involve extensive document reviews, accounting audits, and multi-agency investigations:

PC 503 – Embezzlement: The fraudulent appropriation of property or funds by a person to whom it was entrusted.
PC 470 – Forgery: Falsifying signatures, altering legal financial documents, or passing fraudulent checks with intent to defraud.
PC 530.5 – Identity Theft: Willfully obtaining another person's personal identifying information to use for an unlawful financial purpose.

What Firearm and Weapon Restrictions Apply Under California Law?

Weapons allegations are often filed as standalone charges or attached to other offenses as sentence enhancements:

PC 25400 – Carrying a Concealed Firearm: Unlawfully carrying a concealed firearm on your person or within a vehicle without a valid permit.
PC 29800 – Felon in Possession of a Firearm: Felony prohibition barring individuals with prior felony convictions from owning, purchasing, or possessing firearms.
PC 24630 / PC 417 – Brandishing a Firearm or Weapon: Exhibiting a deadly weapon in a rude, angry, or threatening manner during a dispute.

What Are the Key Statutory Definitions Under California Criminal Law?

Understanding the specific legal statutes and definitions governing your charge is critical to building an effective defense strategy:

Mens Rea (Criminal Intent): The state of mind required by statute to prove guilt, ranging from specific intent (designing a specific harmful outcome) to general intent, criminal negligence, or full statutory knowledge.
Corpus Delicti: The fundamental legal doctrine requiring the prosecution to independently prove a crime occurred using physical evidence or third-party testimony before a defendant's uncorroborated statements can be admitted.
Wobbler Offense: A California crime that prosecutors can file as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant's criminal history.
Pre-Trial Diversion: A legal process governed by statutes like Penal Code 1000 or 1001.95, allowing qualifying defendants to complete court-mandated programs to achieve a full dismissal of charges with no criminal record.

What Must Prosecutors Prove to Convict You in California Courts?

To obtain a guilty verdict in a California criminal court, the prosecution must satisfy the burden of proof by establishing every legal element of an offense beyond a reasonable doubt—the highest standard of proof in the legal system.

Core Legal Elements Required for Conviction

Proof Beyond a Reasonable Doubt: The prosecution must present evidence so convincing that no reasonable hypothesis remains other than the defendant's guilt.
Criminal Intent (Mens Rea): Prosecutors must show the accused acted with specific state-of-mind intent, general criminal intent, criminal negligence, or full knowledge of the action as required by the applicable California code.
Corpus Delicti: Prosecutors must independently establish that a crime actually occurred through physical evidence, victim statements, or witness testimony—not solely through an accused person's uncorroborated admission or confession.

What Are the Penalties for Criminal Convictions in Long Beach?

Sentencing severity depends on whether an offense is charged as a misdemeanor, felony, or "wobbler" under the California Penal Code or Vehicle Code.

Offense Classification	Jail Time + Fine	Additional Statutory Consequences
Misdemeanors	Up to 1 year in Los Angeles County Jail. Fines up to $1,000 + court fees	Summary probation, mandatory counseling/rehab, temporary driver's license suspension
Felonies	16 months to Life in California State Prison. Fines up to $10,000+ per count + victim restitution	Permanent loss of firearm rights, voting restrictions, mandatory sex or arson registration
Strike Offenses (Three Strikes Law)	Automatic doubling of term; mandatory 25 years to Life on 3rd Strike. Maximum statutory fines	Mandatory state prison sentences, loss of good-time credits, permanent violent offender record

What Are the Most Effective Defense Strategies Against Criminal Charges?

An effective legal defense requires analyzing police reports, examining physical evidence, identifying constitutional violations, and leveraging statutory exceptions.

Defense attorneys utilize several core legal strategies to challenge the prosecution's case in Long Beach courts:

How Does a Motion to Suppress Evidence Under Penal Code 1538.5 Challenge Unlawful Searches?

Under the Fourth Amendment of the U.S. Constitution and California Penal Code 1538.5, individuals are protected against unreasonable searches and seizures by law enforcement:

Unlawful Traffic Stops: If police lack reasonable suspicion to pull over a vehicle, all evidence gathered during the stop—including breathalyzer results, field sobriety tests, or physical contraband—may be suppressed.
Warrantless Searches: Searches conducted without a valid search warrant, a recognized statutory exception, or voluntary consent violate constitutional protections.
Exclusionary Rule: When a PC 1538.5 motion is granted, the "fruit of the poisonous tree" doctrine excludes the illegally seized evidence, often forcing prosecutors to dismiss all charges due to insufficient evidence.

How Can Demonstrating a Lack of Specific Criminal Intent Defeat Charges?

Most California criminal offenses require prosecutors to establish mens rea—the statutory intent or mental state necessary to commit the crime:

Absence of Specific Intent: Charges such as grand theft (PC 487), burglary (PC 459), or fraud require proof that the defendant specifically intended to deprive an owner of property or defraud a party. Showing the act occurred because of a mistake of fact, miscommunication, or accident negates the statutory intent element.
Lack of Knowledge: In drug possession (HS 11350) or weapons cases (PC 25400), the defense can establish that the accused was unaware of the presence or illegal nature of the item in their possession.

What Must Be Proven to Establish Self-Defense or Defense of Others in California?

Under CALCRIM Judicial Council Jury Instructions (3470 & 3471), self-defense is a complete affirmative defense against violent crime allegations, including domestic battery (PC 243(e)(1)), corporal injury (PC 273.5), and assault with a deadly weapon (PC 245(a)(1)). To establish lawful self-defense, the defense must show:

Reasonable Belief of Imminent Danger: The accused reasonably believed they or another person faced immediate danger of bodily injury or unlawful touching.
Immediate Necessity: The accused reasonably believed the immediate use of force was necessary to defend against that danger.
Proportionate Force: The accused used no more force than was reasonably necessary to defend against the threat.

How Do Attorneys Expose False Accusations and Mistaken Identity?

Unreliable eyewitness identifications and fabricated statements are leading causes of wrongful arrests in Los Angeles County:

Challenging Eyewitness Identifications: Eyewitness testimony is inherently flawed by factors such as poor lighting, stress, cross-racial identification bias, and suggestive police lineup procedures. Utilizing expert witnesses on human memory can undermine prosecution witnesses.
Demonstrating Biased or False Reports: In domestic disputes or financial conflicts, alleged victims may manufacture false accusations due to jealousy, child custody leverage, or financial disputes. Independent investigations, phone records, text messages, and surveillance footage can expose inconsistencies and establish a motive to lie.

What Role Does Pre-Trial Diversion Play in Securing Case Dismissals?

For eligible defendants, California law provides statutory pre-trial diversion programs that bypass formal conviction entirely:

Judicial Diversion (PC 1001.95): Allows judges to grant pre-trial diversion over prosecutorial objection for qualifying misdemeanor charges.
Mental Health Diversion (PC 1001.36): Diverts individuals with qualifying diagnosed mental health conditions into court-approved treatment programs.
Military & Veteran Diversion (PC 1001.80): Provides specialized treatment programs for current or former military service members suffering from service-related trauma or PTSD.
Dismissal of Charges: After successful completion of treatment, community service, or court requirements, the judge dismisses the underlying criminal charges, seals the arrest record, and leaves no criminal conviction.

Hypothetical Legal Examples

Example 1: Challenging Breathalyzer Machine Calibration in a Long Beach DUI

An individual is pulled over near Downtown Long Beach and arrested for driving under the influence after registering a 0.09% blood alcohol concentration (BAC). The defense team files a discovery motion requesting maintenance and calibration records for the specific breath testing device.

The logs reveal the machine missed its mandatory routine calibration under California Code of Regulations Title 17. The court rules the breath test results inadmissible, leading the prosecutor to dismiss all DUI charges under California Vehicle Code 23152.

Example 2: Pre-Filing Intervention in an Alleged Commercial Theft

A shopper at a Long Beach retail center is accused of felony grand theft after taking items past the registers. Before the District Attorney files formal criminal charges, the defense attorney gathers surveillance footage and witness statements demonstrating a complete lack of intent to steal due to a miscommunication at checkout.

Presenting this exculpatory evidence directly to the prosecutor during the pre-filing window results in a complete declination to file formal charges.

Frequently Asked Questions (FAQs)

What should I do immediately after being arrested in Long Beach?

Exercise your Fifth Amendment right to remain silent and request a criminal defense attorney immediately. Do not discuss the facts of your case with police officers, jail staff, or cellmates, as prosecutors can use all calls and recorded statements against you.

Can criminal charges be dropped before my first court date?

Yes. During the pre-filing investigation window, a criminal defense attorney can submit exculpatory evidence, witness statements, and legal arguments directly to the Los Angeles County District Attorney or City Prosecutor to persuade them to decline formal filing or reduce felony allegations to misdemeanors.

Do I have to appear in court personally for a misdemeanor in Long Beach?

Under California Penal Code 977, a criminal defense attorney can appear on your behalf for most misdemeanor court dates at the Governor George Deukmejian Courthouse, allowing you to avoid missing work or school unless the judge explicitly orders your personal attendance.

What is the legal difference between a misdemeanor and a felony in California?

A misdemeanor carries a maximum penalty of up to one year in county jail, whereas a felony conviction can result in state prison sentences exceeding one year, loss of constitutional rights (such as firearm ownership), higher financial fines, and lasting probation or parole supervision.

How does California's "Three Strikes" law affect a criminal charge?

California's Three Strikes law automatically doubles the statutory prison sentence for individuals charged with a felony who have a prior serious or violent strike conviction. A third strike conviction for a serious or violent felony results in a mandatory state prison sentence of 25 years to life.

Contact Our Long Beach Criminal Defense Legal Team Today

A criminal charge does not define your future, but taking immediate legal action is critical to protecting your constitutional rights.

Whether you are under active investigation, recently arrested, or facing an upcoming court date at the Long Beach courthouse, our defense team stands ready to advocate for you.

Law Firm: Eisner Gorin LLP
Office Address (By Appointment): 100 Oceangate, Suite 1200, Long Beach, CA 90802
Direct Telephone: (818) 781-1570
Service: 24/7 Confidential Case Consultations

Long Beach