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About Geronimo Gutierrez IV
Geronimo Gutierrez IV
Founder, Chief Counsel
An Experienced Fullerton Criminal Defense Attorney
With years of experience, Geronimo Gutierrez IV has successfully defended clients in many cases as a Felony and Misdemeanor criminal defense lawyer for California State cases in Orange County and Los Angeles County, and Federal cases. With experience comes the knowledge of resources that help our clients.
Traffic tickets, DMV Hearings, Pre-Filing Matters, Diversion, Pre-Filing Diversion, Bench Warrants, Probation Violations, First-time DUI, Second-time DUI, Third-time DUI, Felony DUI, Drug Offenses, Drug Manufacturing, Robbery, Burglary, Unauthorized Entry Across Borders, Assault, Sexual Assault, Battery, Vehicular Manslaughter, Criminal RICO and more.
Los Angeles County Public Defender, Los Angeles, CA
Deputy Public Defender, January 2024 – April 2024
· Defended clients in Felony Preliminary Hearings
· Conducted research for motion hearings
The Matian Firm, APC, Los Angeles, CA
Associate Attorney, April 2021 – January 2024
· Defended clients against misdemeanor and felony charges, both state and federal within the Southern, Central, and Eastern Federal Districts of California.
- Practice Areas: Orange County and Los Angeles Counties.
Huston | McCaffrey, LLP, San Diego, CA
Senior Legal Intern, June 2019 – March 2021
· Drafted motions.
· Reviewed discovery.
· Conducted legal research.
San Diego Public Defender,
Multiple Conflicts Office, San Diego, CA
Legal Intern, August 2019 – November 2019
· Homicide and special circumstances issues.
· Reviewed and organized discovery.
· Drafted and edited motions.
· Conducted legal research.
San Diego Public Defender,
Primary Public Defender, San Diego, CA
Certified Legal Intern, January 2019 – April 2019
· Drafted motions and statements.
· Interviewed clients for Felony Arraignments.
· Processed and prepared Felony Arraignment forms with clients.
· Maintained friendly and professional client interaction.
Fullerton criminal defense attorney
GUN CRIMES
HATE CRIMES
HATE CRIMES
California prosecutors generally adopt a strict stance on gun crimes, reflecting the state's stringent gun control laws. They prioritize public safety, vigorously prosecuting offenses involving firearms. This includes illegal possession, use in crimes, and firearm trafficking.
Prosecutors often seek maximum penalties, leveraging enhancements for firearm use during felonies. They emphasize enforcement of laws aimed at preventing gun violence, including those related to prohibited persons and "ghost guns." This approach underscores California's commitment to reducing gun violence through aggressive prosecution.
For Example: Penal Code (PC) 29800
HATE CRIMES
HATE CRIMES
HATE CRIMES
California prosecutors treat hate crimes with heightened severity. They recognize the unique harm these crimes inflict on victims and communities. Prosecutors often pursue enhanced charges, leveraging state laws that increase penalties for offenses motivated by bias.
They emphasize the importance of addressing hate-motivated violence to protect vulnerable groups and uphold civil rights. Public safety and deterrence are key objectives, reflecting California's commitment to combating hate crimes.
For Example: Penal Code (PC) 422.7
KIDNAPPING
HATE CRIMES
MISDEMEANORS
California prosecutors view kidnapping as a serious felony, prioritizing victim safety and swift justice. They aggressively prosecute all forms of kidnapping, including those involving ransom, extortion, or intent to harm.
Prosecutors often seek severe penalties, leveraging enhancements for aggravating factors like violence, use of weapons, or targeting vulnerable victims. They emphasize the importance of deterring such crimes and ensuring public safety. This reflects California's commitment to protecting individuals from abduction and unlawful confinement.
For Example: Penal Code (PC) 207
MISDEMEANORS
PUBLIC CORRUPTION
MISDEMEANORS
California prosecutors handle misdemeanors with varying degrees of focus, depending on the severity and nature of the offense. While less severe than felonies, misdemeanors are still prosecuted to uphold public order. Prosecutors typically prioritize cases involving domestic violence, DUI, and repeat offenders.
They aim to balance accountability with resource allocation, often utilizing diversion programs for first-time or low-level offenses. The goal is to address criminal behavior while minimizing the impact on the individual and the justice system, reflecting a nuanced approach to misdemeanor prosecution.
For Example Penal Code (PC) 417 PC, Penal Code 594, Penal Code 602, Penal Code 415, Penal Code 415, PC 647(f), Penal Code 148(a)(1), Vehicle Code 23103, Health and Safety Code 11350.
PUBLIC CORRUPTION
PUBLIC CORRUPTION
PUBLIC CORRUPTION
California prosecutors treat public corruption as a serious breach of public trust. They aggressively pursue cases involving bribery, embezzlement, and other forms of official misconduct. Prosecutors emphasize the importance of maintaining governmental integrity and public confidence.
They often seek severe penalties, including imprisonment and financial restitution, to deter future offenses. Investigations are often complex, involving collaboration with state and federal agencies. Prosecutors aim to hold public officials accountable, ensuring that those who abuse their positions face the full consequences of the law.
For Example: Penal Code (PC) 67, PC 68, PC 85, PC 86, PC 92, PC 93, PC 137, PC 138, PC 165, and PC 641.3
SEX CRIMES
PUBLIC CORRUPTION
PUBLIC CORRUPTION
California prosecutors prioritize sex crimes, recognizing their devastating impact on victims. They aggressively prosecute offenses like sexual assault, child molestation, and human trafficking. Prosecutors often seek severe penalties, emphasizing victim protection and accountability.
They utilize specialized units and victim advocates to ensure sensitive handling of cases. Prosecutors focus on thorough investigations, leveraging forensic evidence and expert testimony. They aim to deter future offenses and provide justice for survivors, reflecting California's commitment to combating sexual violence and protecting vulnerable populations.
For Example: Penal Code (PC) 288
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FEDERAL CRIMES
FEDERAL CRIMES
FEDERAL CRIMES
Federal prosecutors pursue a wide range of crimes, from drug trafficking and white-collar fraud to terrorism and cybercrime, with a focus on offenses that cross state lines or violate federal statutes.
They possess significant resources and often collaborate with federal agencies like the FBI and DEA. Federal sentencing guidelines typically result in harsher penalties than state courts.
In federal cases, waiving a preliminary hearing can expedite proceedings, potentially leading to faster plea negotiations.
Cooperation with prosecutors can be highly advantageous. "Safety valve" provisions allow judges to deviate from mandatory minimum sentences for certain drug offenses, while "fast track" programs offer reduced sentences for early guilty pleas, particularly in immigration cases. These options incentivize cooperation and can significantly impact sentencing outcomes.
Controlled Substances Act, 21 U.S.C. §§841, U.S.C. 843(b), U.S.C. 844, U.S.C. 846, U.S.C. 859, U.S.C. 860, U.S.C. 861, U.S.C. 862].
FELONIES
FEDERAL CRIMES
FEDERAL CRIMES
California prosecutors handle state felonies with varying degrees of severity, prioritizing violent crimes and repeat offenders. They pursue serious charges, aiming for appropriate punishment and public safety. Prosecutors often leverage sentencing enhancements for aggravating factors like weapon use or gang affiliation.
They balance punishment with rehabilitation, utilizing diversion programs for certain non-violent offenses. The goal is to ensure accountability while addressing underlying issues, reflecting a nuanced approach to felony prosecution within the state's complex legal framework.
For Example Penal Code (PC) 192 Manslaughter, PC 207 Kidnapping, PC 211 Robbery, PC 215 Carjacking, PC 240 Assault, PC 242 Battery, PC 245 Assault with a deadly weapon.
THEFT
FEDERAL CRIMES
VEHICULAR ASSAULT
California prosecutors handle theft crimes with an approach that is now significantly impacted by Proposition 36. They address offenses ranging from petty theft to grand theft, with penalties escalating based on the value of stolen goods and the offender's criminal history. Prosecutors consider factors like victim vulnerability, organized crime involvement, and repeat offenses.
Proposition 36 has introduced key changes, allowing prosecutors to charge certain petty theft or shoplifting offenses as felonies if the accused has prior theft convictions. This reflects a shift towards stricter penalties for repeat offenders. Additionally, the proposition enhances penalties for large-scale theft and organized retail crime.
While diversion programs may still be utilized for first-time or low-level offenders, the overall trend is toward increased accountability and deterrence, particularly for those with a pattern of theft-related offenses.
For Example: Penal Code (PC) 368, PC 484, PC 487, PC 488.
VEHICULAR ASSAULT
VEHICULAR ASSAULT
VEHICULAR ASSAULT
California prosecutors view vehicular assault as a serious offense, prioritizing victim safety. They pursue charges ranging from misdemeanors to felonies, depending on injury severity and driver intent.
Prosecutors often seek enhanced penalties for DUI, reckless driving, or fleeing the scene. They emphasize deterrence and victim restitution, holding drivers accountable and aiming to prevent future incidents.
For Example: Penal Code (PC) 191.5, PC 192.
WEAPONS CRIMES
VEHICULAR ASSAULT
WEAPONS CRIMES
California prosecutors adopt a firm stance on weapons crimes, prioritizing public safety. They aggressively prosecute illegal possession, use of firearms, and prohibited weapons.
Prosecutors seek maximum penalties, leveraging enhancements for gang involvement or use in other felonies. They focus on deterring gun violence and enforcing strict state laws. This reflects California's commitment to reducing weapons-related crime.
For Example: Penal Code (PC) 29800
DRUG CRIMES
VEHICULAR ASSAULT
WEAPONS CRIMES
California prosecutors address drug crimes with a multi-faceted approach. They pursue charges from possession to trafficking, considering the type and quantity of drugs. Prosecutors often seek harsher penalties for large-scale operations and repeat offenders.
They balance enforcement with rehabilitation, utilizing diversion programs for certain non-violent offenses. The goal is to reduce drug-related harm while addressing underlying addiction issues.
For Example: Health and Safety Code (H&S) 11351, H&S 11351.5, H&S 11352, H&S 11353.
Fullerton Criminal Defense Attorney
BRIBERY
CYBERCRIME
CYBERCRIME
California prosecutors treat bribery as a serious offense, undermining public trust. They aggressively pursue cases involving offering, giving, or receiving anything of value to influence official actions.
Prosecutors emphasize accountability and deterrence, seeking severe penalties. They prioritize maintaining governmental integrity, ensuring officials act impartially. Investigations often involve complex financial analyses and collaboration with other agencies.
For Example: Penal Code (PC) 67, PC 68, PC 85, PC 86, PC 92, PC 93, PC 137, PC 138, PC 165, and PC 641.3
CYBERCRIME
CYBERCRIME
CYBERCRIME
California prosecutors tackle cybercrime with increasing focus, recognizing its evolving nature. They pursue offenses like hacking, identity theft, and online fraud, emphasizing victim protection and data security. Prosecutors often collaborate with specialized task forces and federal agencies.
They prioritize cases impacting critical infrastructure or involving large-scale financial losses. They aim to deter digital offenses and hold perpetrators accountable in the complex online landscape.
For Example: Penal Code (PC) 502
FRAUD
CYBERCRIME
ROBBERY
California prosecutors aggressively pursue fraud cases, safeguarding financial integrity. They target offenses like insurance fraud, investment scams, and identity theft, emphasizing victim restitution and deterrence.
Prosecutors often seek enhanced penalties for large-scale schemes or those targeting vulnerable individuals. They prioritize complex investigations, leveraging forensic accounting and digital evidence. The goal is to hold perpetrators accountable and protect consumers from financial exploitation.
For Example: Penal Code (PC) 470, PC 476, PC 484, PC 550.
ROBBERY
ASSAULT
ROBBERY
California prosecutors treat robbery as a serious violent felony, prioritizing victim safety. They aggressively pursue cases involving the taking of property by force or fear.
Prosecutors often seek enhanced penalties for weapon use, injury to victims, or targeting vulnerable individuals. They emphasize deterrence and victim restitution, aiming to hold offenders accountable and prevent future violent crimes.
For Example: Penal Code (PC) 211, PC 212, PC 213, PC 214.
ASSAULT
ASSAULT
ASSAULT
California prosecutors handle assault cases with varying severity, prioritizing victim safety. They pursue charges from simple assault to aggravated assault, based on injury level and intent.
Prosecutors often seek enhanced penalties for weapon use, domestic violence, or targeting vulnerable victims. They emphasize accountability and deterrence, aiming to prevent violence and ensure victim protection.
For Example: Penal Code (PC) 240, PC 241, PC 242, PC 243.
ARSON
ASSAULT
ASSAULT
California prosecutors treat arson as a serious felony, prioritizing public safety and property protection. They aggressively pursue cases involving intentionally setting fires, emphasizing the potential for severe harm.
Prosecutors often seek enhanced penalties for arson targeting inhabited structures or causing significant damage. They focus on deterring this dangerous crime and holding offenders accountable for the destruction and potential loss of life.
For Example: Penal Code (PC) 451, PC 452, PC 455.
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DRIVING UNDER INFLUENCE
DRIVING UNDER INFLUENCE
DRIVING UNDER INFLUENCE
California prosecutors handle DUI cases with a focus on public safety, pursuing charges from misdemeanors to felonies based on severity. They utilize evidence from chemical tests and field sobriety assessments.
Crucial to understand: even if criminal charges are reduced to reckless driving or other minor offenses, a separate DMV suspension can remain. This is because the DMV operates independently, outside judicial or prosecutorial control.
Therefore, immediately scheduling a DMV hearing to contest the license suspension is vital, regardless of the criminal case's outcome. This proactive step is essential to protect driving privileges. The deadline is usually ten days.
For Example: Vehicle Code (VC) 23152, VC 23153.
DOMESTIC VIOLENCE
DRIVING UNDER INFLUENCE
DRIVING UNDER INFLUENCE
California prosecutors treat domestic violence with utmost seriousness, prioritizing victim safety and accountability. They aggressively pursue charges, regardless of victim cooperation, leveraging evidence like 911 calls, photographs, and witness testimony.
Key witnesses often include responding officers, neighbors, and family members. Expert witnesses, such as forensic psychologists, may testify about the dynamics of abuse, including battered women's syndrome and the cycle of violence.
Medical professionals can provide evidence of injuries. Prosecutors often seek restraining orders and enhanced penalties, aiming to break the cycle and ensure justice.
For Example: Penal Code (PC) 243, PC 273, PC 273.5, PC 422, PC 368, PC 240.
UNAUTHORIZED ENTRY
DRIVING UNDER INFLUENCE
UNAUTHORIZED ENTRY
California prosecutors address unauthorized entry, varying charges based on intent and location. Simple trespass is a minor offense, while burglary, entering with intent to commit a felony, carries severe penalties. Prosecutors consider factors like forced entry, time of day, and victim presence.
They aim to protect property rights and deter unlawful intrusions. Enhanced charges apply for entering inhabited dwellings or with criminal intent. They balance punishment with circumstances, potentially offering diversion for minor offenses.
8 U.S. Code § 1325, 8 U.S. Code § 1326.
DRUG MANUFACTURING
WHITE COLLAR DEFENSE
UNAUTHORIZED ENTRY
California prosecutors aggressively pursue drug manufacturing cases, prioritizing public safety. They treat these offenses as serious felonies, recognizing the potential for widespread harm. Prosecutors often seek maximum penalties, leveraging enhancements for large-scale operations, hazardous production methods, and gang involvement.
Key witnesses include forensic chemists, law enforcement experts, and informants. They emphasize dismantling drug production networks and preventing the distribution of dangerous substances. They understand the link to addiction and related crimes, aiming to curb the supply chain.
Health and Safety Code 11379.6 HSC, Health and Safety Code 11358 HSC, Health and Safety Code 11366.5 HSC, Health and Safety Code 11350, H&S 11351, H&S 11352, H&S 11377, H&S 11378, H&S 11378.5, H&S 11379, H&S 11379.5.
CRIMINAL RICO
WHITE COLLAR DEFENSE
WHITE COLLAR DEFENSE
United States Attorneys utilize RICO statutes to combat organized crime, emphasizing disruption of interstate and international criminal enterprises. They aggressively pursue cases involving patterns of racketeering activity, including fraud, extortion, drug trafficking, and terrorism.
Prosecutors seek severe penalties, aiming to dismantle criminal organizations and seize assets across jurisdictions. Key witnesses often include cooperating co-conspirators, forensic accountants, and federal agents. They prioritize cases that threaten national security, financial stability, and interstate commerce.
They understand the complex nature of organized crime, striving to hold leaders accountable and prevent future racketeering activities.
18 U.S. Code § 1961
WHITE COLLAR DEFENSE
WHITE COLLAR DEFENSE
WHITE COLLAR DEFENSE
United States Attorneys aggressively pursue white-collar crimes, emphasizing the protection of financial markets and public trust. They target offenses like securities fraud, embezzlement, and money laundering, seeking severe penalties to deter complex financial schemes.
Key witnesses often include forensic accountants, financial analysts, and whistleblowers. They prioritize cases involving significant financial losses, systemic fraud, and those impacting national or international economies.
They understand the sophisticated nature of these crimes, aiming to hold high-level executives and financial professionals accountable and restore confidence in the financial system.
For Example Penal Code (PC) 503, Penal Code 504, Penal Code 470 Forgery, Penal Code 476 PC Check Fraud, Penal Code 530.5 Identity Theft, Penal Code 550 Insurance Fraud.