Benjamin Theule Criminal Defense - Recent Results

I get my clients the best results possible—so they can go on with their lives.


Clients often come to me when they’ve been accused of a crime and are worried and confused about the charges they face and the possible consequences. It’s my job to help you understand the charges against you, your legal options and the potential consequences—but most

importantly to get you the best results possible so you can go on with your life, even if you’ve made a mistake.

Below are just a few examples of recent cases and the favorable results I secured for my clients.

DUI Jail Time Negotiated from 30 Days to Two

My client was accused of his second DUI within 10 years. His public defender had informed him that the district attorney wanted him to serve 30 days in county jail. This was something he simply couldn’t do because it would mean he would lose his job and would have no way to support his family.

Once he retained me, I worked diligently to flush out the real facts of the case and bring them to the attention of the district attorney’s office.

Based on this in-depth work, I was able to provide a reasonable justification for the client’s actions the night he was arrested.

I’m never driving drunk again, but I’m only calling Ben if I have anymore problems.”—Ross Y.

My client was ultimately only required to spend a weekend in jail, which allowed him to keep his job and continue to support his family.

Misdemeanor DUI Reduced to Reckless Driving

Misdemeanor DUI Reduced to Reckless DrivingMy client was charged with a misdemeanor DUI for driving under the influence of alcohol and drugs. During discussions with the district attorney, I pointed out key weaknesses in the prosecution’s case and greatly undermined the strength of their case. Because the client could not afford to go to trial, I did everything in my power to get the best disposition possible to the case.

After considerable research and negotiation, I got the DA to agree to let client plead guilty to straight reckless driving, a much better disposition than a wet reckless because it carries no alcohol terms.

I also protected my client’s rights when their professional state licensing board came after them to try to revoke their professional license due to alleged violations of the board’s rules of professional conduct. After months of dealing with the California Attorney General’s Office, I was able to save client’s professional license. It was not suspended or revoked and they did not have to perform any additional classes or counseling.

Mandatory 1-Year Driver’s License Suspension Eliminated

My client, a college student, was charged with being a minor in possession of alcohol based on an incident after a college party. A conviction of this nature carries a mandatory 1-year license suspension. Instead, I brokered a result that allowed the client to pay a fine and avoid any restrictions on his driver’s license.

Ben saved me from doing serious prison time for being at the wrong place at the wrong time.”—Craig R.

Felony Assault with Firearm Reduced to Misdemeanor

Felony Assault with Firearm Reduced to MisdemeanorMy client was charged with three felony charges of assault with a firearm, possession of a controlled substance, and possession of a prohibited weapon, as well as one misdemeanor count of exhibiting a firearm after allegedly using a gun to threaten the life of the alleged victim.

When police arrived on the scene, they alleged that my client also possessed a small amount of cocaine and a billy club.

With all of these charges, my client faced the possibility of a strike under California’s Three Strikes Law and extensive prison time.

After intensive investigation into the incident and exhaustive negotiations with the district attorney’s office, I was able to broker a deal that allowed my client to plead guilty to two misdemeanor offenses, avoid the strike and serve no jail time. All felony charges were dismissed.

Misdemeanor Petty Theft Charges Dismissed

My client was accused of shoplifting at her college’s bookstore. She was charged by the city attorney with petty theft. A conviction for this offense ran the chance that the client would not get the highly-sought-after international scholarship for which she was a finalist.

During negotiations, I persuaded the prosecutor to give my client a second chance by allowing her to participate in a diversion program.

As a result, she was allowed to complete a shoplifter’s class and her case was dismissed with no probation or fines. Also, my client eventually got the scholarship for which she was competing.

Ben negotiated a deal in which my felony charge was completely dropped.

After performing some community service and paying a small additional fine and completing an online shoplifting course, my misdemeanor charge will be reduced to an infraction after 18 months.

An immediate expunging of all charges will follow, leaving no trace of any criminal record.” —S.C.

Insurance Fraud Felony Charge Negotiated to Misdemeanor

Insurance Fraud Felony Charge Negotiated to MisdemeanorMy client was charged with two felony counts of insurance fraud in which the client was accused of presenting false claims for payment under an insurance policy.

If convicted and denied probation, my client would face a minimum of 2 years in prison and fines of up to $50,000.

After negotiations with the district attorney’s office, I secured a disposition that allowed my client to plead guilty to one misdemeanor count.

He also got only summary probation, as well as just a small fine and community service, with no jail time.

Strike Felony Assault Expunged

My client was previously convicted of felony assault with a deadly weapon and had served 270 days in jail. This felony conviction constituted a strike under California’s Three Strikes Law.

He had served his sentence and was looking to clean up his record so that he could get on with his life and start a new business. He had spoken to several other attorneys, who told him that cleaning up his record wasn’t possible because this prior conviction constituted a strike.

However, after he retained me, I was able to reduce his strike felony to a misdemeanor and get the case

He worked constantly on my case and kept me updated every day about new updates, new information and his work completed.—Mike S.

dismissed through an expungement. This gave my client a much stronger footing to go about the licensing required for his new business venture.

Felony Domestic Violence Negotiated to Misdemeanor

Felony Domestic Violence Negotiated to MisdemeanorMy client was arrested for felony domestic violence stemming from an exaggerated situation involving his girlfriend. Since the client retained my services at an early stage, he was able to initiate aggressive pre-file strategies to show the district attorney the truth about what really happened.

Because I was able to present the district attorney’s office enough mitigating evidence before they decided whether to issue charges, they rejected felony charges and referred the matter to the city attorney’s office for consideration.

Even though the city attorney filed five separate misdemeanor domestic violence charges against my client, I negotiated a deal that allowed my client to plead guilty to only one lesser charge. As a result, he served no additional jail time and did not have to pay any fines to the court.

Mandatory 10-Year Gun Restriction Eliminated

In this case, my client was charged with four misdemeanor charges stemming from a fight with a co-worker. My client was charged with assault, battery, carrying a loaded firearm in public and criminal threats.

Although these charges were misdemeanor charges, three of the charges carried the negative collateral consequence of a mandatory 10-year gun restriction during which my client would not be able to own or possess any firearms.

Since my client was a Marine and had grown up with guns his whole life, this was a very serious concern for

Ben negotiated a great deal that allowed my fiancé to keep his 2nd amendment rights. Ben really listened to us about what was important.”—Tiffany

him. In consideration of this, I negotiated a deal with the district attorney to get the charges that carried that gun restriction dismissed.

Burglary and Petty Theft Negotiated to Simple Infraction

Burglary and Petty Theft Negotiated to Simple InfractionMy client was charged with commercial burglary and petty theft and was accused of stealing close to $1,000 worth of merchandise from a retail store.

Since theft-related offenses are “crimes of moral turpitude,” a misdemeanor conviction for either of these charges would have had a great impact on my client since she was in the process of seeking a professional license and moving toward significant advancement in her career.

After months of negotiation with the city attorney, however, I got the prosecutor to agree to an infraction with no probation and no jail time once my client met a few simple conditions.

*Please note that every criminal case is different. This list is not meant to guarantee a similar result if you are charged with the same offense.