San Francisco Criminal Defense Blog

Can you own a firearm after a felony conviction?

On behalf of Law Offices of Hanlon & Rief on Thursday, July 19, 2018.

California has some of the strictest regulations in the country concerning firearm possession. In 2018, the state passed new laws, such as how gun owners can no longer purchase assault rifles in the state and how they need to register the ones they currently have.

There are many punishments that come with a felony conviction, including prison time, significant fines and even the loss of the right to own guns. California has numerous stipulations on who can own a firearm. In addition to people convicted of felonies, the following demographics cannot purchase or own guns in the state:

Anyone addicted to narcotic drugs
Anyone prohibited from owning a gun due to a history of chronic alcoholism or extreme mental illness
Anyone who cannot possess a firearm as a direct order from probation
Anyone who has an outstanding arrest warrant due to a firearm-related crime
Anyone convicted of a crime, including a misdemeanor, that involved the unlawful use of a firearm, a hate crime or violence of any sort

What to do when falsely accused of assault

On behalf of Law Offices of Hanlon & Rief on Thursday, June 21, 2018.

There are plenty of cases of assault occurring around the Bay Area. One recent example involved a San Mateo woman who robbed and assaulted another woman who police apprehended shortly after.

However, some people have to contend with false assault accusations. This can happen due to a number of reasons, such as mistaken identity. It is also possible you acted out of self-defense, but the other party claims you started the fight. It is vital to remember your rights, and when the police question you, you should remain silent until you can speak with an attorney.

One big misconception about shaken baby syndrome

On behalf of Law Offices of Hanlon & Rief on Saturday, May 19, 2018.

The issue of shaken baby syndrome is nowhere as clear-cut as people used to believe. In fact, it is troubling how many have been falsely accused of shaking their babies and convicted of related charges.

Unfortunately, quite a few people, including those in the law enforcement and legal profession, still have some misunderstandings about shaken baby syndrome. Here is a look at what is going on.

Impatient drivers beware: Road rage is a crime

On behalf of Law Offices of Hanlon & Rief posted in blog on Sunday, April 22, 2018.

It can be difficult driving in California at the best of times. Traffic is usually congested, and people are always in a hurry. Impatient, rude and inattentive drivers surround you wherever you go. It is no surprise that it can be easy to lose your patience. However, before you lose control and decide to get back at the next person who cuts you off by chasing him down and cutting him off in return, consider the fact that you could face serious criminal charges for this type of behavior.

The American Safety Council states that there is a difference between aggressive driving and road rage. If you speed, swerve from lane to lane or tailgate, you are driving aggressively. This behavior can cause accidents, but it would be a traffic offense if you get a ticket. On the other hand, road rage is a criminal offense because you cross the line from driving impatiently to intentionally meaning to cause harm. It does not matter if you acted in the heat of the moment without taking time to consider the consequences. If you participate in road rage and someone gets hurt, you may face assault charges.

Could you be denied a real estate license due to a crime?

On behalf of Law Offices of Hanlon & Rief posted in blog on Friday, March 23, 2018.

Some employers are hesitant to hire people who have criminal convictions, no matter how light or serious the convictions seem to be. That is one reason quite a few people with convictions start their own businesses, from relatively simple lawn care businesses to more elaborate tech startups.

If you are in this boat or are currently facing criminal charges, working as a real estate agent might seem appealing. After all, it is a common yet fairly lucrative job, and you can be your own boss. However, be aware that you could be denied a real estate license due to a criminal conviction.

Are you facing accusations of shaken baby syndrome?

On behalf of Law Offices of Hanlon & Rief posted in blog on Friday, February 23, 2018.

Are you facing accusations, arrest or charges for shaking a baby? This is a serious criminal allegation that may result in conviction of child abuse or even murder if the baby dies. However, it is possible to defend against these charges and prove you are not a child abuser.

In order to combat the accusations you are facing, it is important to understand exactly what shaken baby syndrome is and how common it is for false allegations to occur.

A guide to marijuana and driving in California

On behalf of Law Offices of Hanlon & Rief posted in blog on Thursday, January 25, 2018.

Now that recreational marijuana is officially legal in California, you must know about the regulations about the drug when it comes to driving. Although you may be able to legally use the drug if you are over 21, it is still unlawful to drive while high. Driving under the influence of cannabis may result in DUI charges.

While this behavior has always been illegal, it is an important reminder now that pot use is becoming more commonplace. Read below for all you need to know about drugged driving in California.

3 FAQs about recreational cannabis in San Francisco

On behalf of Law Offices of Hanlon & Rief posted in blog on Tuesday, January 16, 2018.

If you are feeling excitement to purchase recreational marijuana in San Francisco when sales become legal on January 1st, you may have to practice your patience. Despite the fact that the city as a whole is fairly supportive of marijuana legalization, the city is not going to issue permits until it passes equity laws to help people of color, former drug offenders and low-income entrepreneurs, according to an SFGate report.

So, what does this mean for consumers like you who are eager to buy cannabis from a local retailer? Here are some answers to questions you may have as January gets closer.

Consequences associated with domestic violence restraining orders

On behalf of Law Offices of Hanlon & Rief posted in blog on Thursday, December 28, 2017.

If someone you have a close relationship with files a domestic violence-related restraining order against you in California, it can have a serious and considerable impact on many different aspects of your life. In order to have a restraining order filed against you, the person who requested the protective order must have said they felt threatened, harassed or stalked by you, or they may have done so because of a physical interaction that occurred between the two of you.

While the exact consequences you will face after having a domestic violence restraining order filed against you will vary based on a variety of circumstances, you may face the following penalties.

What crimes and conditions prohibit gun ownership in California?

On behalf of Law Offices of Hanlon & Rief posted in blog on Wednesday, October 25, 2017.

If you receive certain types of criminal convictions in California, you may have concerns about whether you will be able to retain ownership of your guns. There are many criminal convictions and other circumstances that make it unlawful to possess a firearm within the state, and if you receive or meet one or more of them, you may indeed have your gun rights stripped away.

Criminal convictions that prohibit gun ownership