Beverly Hills Criminal Defense Attorney

Facing criminal charges in Beverly Hills carries severe risks to your freedom, professional reputation, financial standing, and future opportunities.

The Los Angeles County court system operates aggressively, requiring decisive legal action to challenge the prosecution's evidence and protect your constitutional rights.

Eisner Gorin LLP provides defense representation for individuals facing misdemeanor, felony, state, and federal allegations originating in Beverly Hills.

If you are under investigation or facing active charges, contact our defense team at (818) 781-1570 to schedule a confidential consultation.

What Must Be Proven to Convict (Burden of Proof)

In all California criminal proceedings, the prosecution bears the entire legal burden of proof. To secure a conviction against a defendant in a Beverly Hills case, prosecutors must satisfy stringent legal standards:

Proof Beyond a Reasonable Doubt: Under California Penal Code Section 1096, the prosecution is required to establish all statutory elements of the charged offense beyond a reasonable doubt. This is the strictest standard of proof in the justice system.
Establishment of Statutory Elements: Every criminal offense consists of specific legal elements. For example, in a grand theft charge, prosecutors must establish both physical taking (actus reus) and the specific intent to permanently deprive the owner of property (mens rea). Failing to prove a single element beyond a reasonable doubt requires a verdict of not guilty.
Constitutional Evidence Collection: Prosecutors must gather evidence following Fourth, Fifth, and Sixth Amendment standards. Any evidence collected through unconstitutional stops, illegal searches, or coerced statements must be excluded if the defense successfully motions for it.

Criminal Cases Handled & Related California Laws

Eisner Gorin LLP provides defense against state, federal, misdemeanor, and felony charges prosecuted under the California Penal Code (PC), Health and Safety Code (HS), and Vehicle Code (VC):

DUI & Traffic Offenses: First-time, repeat, and felony DUI under VC 23152, DUI causing injury under VC 23153, driving on a suspended license (VC 14601), and high-BAC or drug-influenced driving on Wilshire Boulevard or Santa Monica Boulevard.
White-Collar & Financial Crimes: Embezzlement under PC 503, grand theft under PC 487, identity theft under PC 530.5, forgery (PC 470), check fraud (PC 476a), insurance fraud, and federal wire or mail fraud allegations.
Domestic Violence & Restraining Orders: Corporal injury to a spouse or cohabitant under PC 273.5, domestic battery under PC 243(e)(1), criminal threats (PC 422), child endangerment (PC 273a), and violations of protective orders (PC 273.6).
Drug & Controlled Substance Crimes: Simple possession under HS 11350, possession for sale under HS 11351, narcotics transportation or sales under HS 11352, and prescription drug fraud under HS 11173.
Property & Theft Crimes: Shoplifting under PC 459.5, residential or commercial burglary under PC 459, robbery under PC 211, receiving stolen property (PC 496), and vandalism (PC 594).
Violent Crimes & Weapons Allegations: Assault with a deadly weapon under PC 245(a)(1), simple battery (PC 242), brandishing a firearm (PC 417), carrying a concealed firearm without a permit (PC 25400), and attempted murder (PC 664/187).
Sex Crimes & Sensitive Allegations: Rape under PC 261, sexual battery under PC 243.4, lewd acts with a minor (PC 288), indecent exposure (PC 314), and internet sting operation charges.
Post-Conviction & Special Proceedings: Record expungements under PC 1203.4, probation violation hearings (PC 1203.2), early termination of probation (PC 1203.3), and pre-trial diversion applications (PC 1000 & PC 1001.95).

Common Defense Strategies

A robust legal defense requires evaluating police conduct, forensic evidence, witness credibility, and procedural compliance. Primary defense strategies include:

Motion to Suppress Evidence (PC 1538.5): Challenging warrantless searches, improper vehicle stops, or defective search warrants carried out by the Beverly Hills Police Department (BHPD) or Los Angeles County Sheriff's Department to prevent the use of illegally seized evidence.
Lack of Specific Intent: Proving that the alleged conduct did not have the necessary criminal intent or was caused by a misunderstanding, accident, or genuine mistake of fact.
False Accusations and Fabrication: Identifying motives behind fabrication of claims in intense domestic, financial, or personal conflicts via private investigation and cross-examination.
Self-Defense and Defense of Others: Showing that the force applied was appropriate and legally justified to defend oneself or others from immediate physical danger.
Challenging Forensic & Technical Data: Challenging the accuracy of blood-alcohol testing devices, digital forensic extractions, or surveillance video analyses.

Penalties for Criminal Convictions

The consequences of a criminal conviction in Los Angeles County depend on whether the offense is classified as a misdemeanor or a felony, as well as statutory enhancements and prior criminal history.

Incarceration: Misdemeanor convictions carry potential terms of up to one year in Los Angeles County Jail. Felony convictions carry significantly harsher penalties, ranging from 16 months to multiple years in California State Prison.
Probationary Supervision: Misdemeanor convictions typically involve informal or summary probation lasting between one and three years without regular check-ins. Felony convictions generally result in formal supervised probation requiring regular reports to a probation officer.
Fines and Restitution: Misdemeanor fines can reach up to $1,000 plus court penalty assessments. Felony convictions can carry fines exceeding $10,000, along with mandatory court-ordered victim restitution.
Driver's License Status: Driving offenses such as DUI or reckless driving carry mandatory six-month to one-year driver's license suspensions for misdemeanors, while felony traffic convictions can lead to multi-year license revocations or habitual traffic offender status.
Firearm Ownership Restrictions: Violent misdemeanor convictions result in a mandatory 10-year statutory ban on possessing firearms under California law. Any felony conviction results in a lifetime ban on owning or possessing firearms under state and federal law.
Collateral and Long-Term Impact: Misdemeanor convictions can trigger professional licensing reviews and public record exposure. Felony convictions bring severe collateral consequences, including sex offender registration under California Penal Code Section 290, loss of voting rights while incarcerated, and mandatory deportation or inadmissibility for non-citizens.

Criminal Court Process in Beverly Hills

Criminal cases originating in Beverly Hills follow a structured court process within the Los Angeles County Superior Court system:

Investigation & Arrest: Arrests are typically conducted by the Beverly Hills Police Department or regional law enforcement agencies, followed by booking and bail determination.
Arraignment: Traffic violations and infractions are presented at the Beverly Hills Courthouse (9355 Burton Way, Beverly Hills, CA 90210). More serious felony cases may be transferred to larger Los Angeles County courthouses depending on the charges, such as the Airport Courthouse or the Clara Shortridge Foltz Criminal Justice Center) depending on charge severity. Pleas are entered, and bail conditions are set.
Pre-Trial Proceedings: The defense reviews prosecution discovery, performs independent investigations, negotiates with prosecutors, and files pre-trial motions such as PC 995 motions to dismiss or PC 1538.5 motions to suppress.
Plea Negotiations or Trial: Counsel negotiates for charge reductions, diversion programs, or case dismissal. Unresolved cases proceed to a formal jury trial.

Defense Case Examples

DUI Chemical Test Suppression: A driver stopped near Wilshire Boulevard had all DUI charges dismissed after defense counsel proved the police officer lacked reasonable suspicion for the initial traffic stop, invalidating the subsequent breath test results under the Fourth Amendment.
Embezzlement Charge Dismissal: Following allegations of grand theft and embezzlement under PC 503 by a local employer, financial audit records demonstrated that the funds were authorized business expenses, leading prosecutors to reject formal filings.
Domestic Violence Diversion: A client arrested under PC 273.5 in Beverly Hills was successfully placed into a pre-trial diversion program negotiated by counsel, resulting in a full case dismissal and no permanent criminal record upon completion.

Frequently Asked Questions

Do I need a lawyer if I am under investigation but have not been formally charged in Beverly Hills?

Yes. Early pre-filing intervention allows a defense attorney to present exculpatory evidence directly to prosecutors before formal charges are filed, which can result in rejected or reduced charges.

What court handles criminal cases originating in Beverly Hills?

Misdemeanor hearings, infractions, and initial proceedings often take place at the Beverly Hills Courthouse (9355 Burton Way, Beverly Hills, CA 90210). Complex or serious felony cases may be transferred to larger regional courthouses, such as the Airport Courthouse or Clara Shortridge Foltz Criminal Justice Center.

Can criminal charges be dismissed prior to trial in California?

Yes. Charges can be dismissed if the court grants a pre-trial defense motion to suppress evidence, if prosecutors lack sufficient evidence to satisfy their burden of proof, or if the defendant completes an approved diversion program.

What should I do if law enforcement officers attempt to question me?

Invoke your Fifth Amendment right to remain silent and your Sixth Amendment right to counsel immediately. Do not answer questions, consent to searches, or provide written statements without your attorney present.

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

Misdemeanors carry maximum penalties of up to one year in county jail and lower fine structures. Felonies carry potential state prison sentences, larger financial penalties, and long-term consequences such as the loss of firearm rights and severe professional licensing issues.

How does pre-trial diversion work in Los Angeles County?

Pre-trial diversion allows qualified defendants to complete court-mandated conditions—such as counseling, community service, or restitution—in exchange for a complete dismissal of charges, leaving no criminal conviction on record.

Will a DUI arrest in Beverly Hills automatically suspend my driver's license?

An arrest triggers two separate actions: a criminal court case and a California DMV administrative proceeding. You must request a DMV administrative hearing within 10 days of your arrest to contest an automatic suspension.

What are the immigration risks of a criminal charge for non-citizens?

Certain criminal offenses, including crimes of moral turpitude, drug offenses, and aggravated felonies, carry severe immigration penalties such as deportation, inadmissibility, or denial of naturalization under federal immigration law.

Early legal intervention provides the best opportunity to build a strategic defense, negotiate with prosecutors, and protect your record. Contact Eisner Gorin LLP for a case review.

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