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The California Attorney General is responsible for collecting and analyzing yearly crime data for the State of California. Guess what? Crime is down in California – way down! According to the Attorney General’s statistics for the most recent year studied (2014) crime has decreased in number and rate in almost every category. Some crimes have seen big rate decreases (per 100,000 population) from 2013 and when compared to earlier, the declines are even more pronounced. In fact, 2014’s violent crime rate is at its lowest since 1967!

If we compare the crime rates from 2009 to 2014, the decreases in some categories are dramatic. For example, the homicide rate has decreased 17 percent from 2009 to 2014, robbery has decreased in the same years by a whopping 26.8percent! In fact, for all the major violent crime categories (homicide, rape, robbery, and aggravated assault) and major property crime categories (burglary, motor vehicle theft, and larceny) the rates have decreased substantially. Compared to 2013, all crime rates contimued to decrease in 2014 except aggravated assault, which saw a 2.4 percent rate increase.

So what could account for this continuing decrease in crime in the state? Is it better policing, more criminals imprisoned, an aging population? There is no easy answer to why the crime rates are declining. And this is occurring not just in California, but across the country.

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TV star Charlie Sheen recently revealed that he is HIV positive. Mr. Sheen’s lifestyle is no secret, for years the tabloids have chronicled his seemingly non-stop partying, his coterie of “goddesses” and his many sexual escapades. According to Mr. Sheen’s revelation, he has known he was HIV positive for at least four years. He claims that he informed all of his sexual partners that he was HIV positive, but at least several of Mr. Sheen’s alleged sexual partners have denied that Mr. Sheen informed them of his condition.

Could Mr. Sheen have violated California criminal law? Well, maybe. When specific conditions are met, California makes it a felony to expose another person to HIV by engaging in unprotected sexual intercourse. (Cal. Health and Safety Code §120291.) Mr. Sheen may have violated this statute if he knew he was HIV positive at the time he engaged in unprotected sex but did not disclose his condition to the other party. If, as some of Mr. Sheens sexual partners in the last four years are correct, he did not inform them of his HIV positive status prior to having unprotected sex with them.

However, that is not enough to make it a crime. The statute also requires that the Mr. Sheen not only had unprotected sex and failed to disclose the infection but that he had the specific intent to infect the other person with HIV. Specific intent is a legal construct that means not only did the person commit the criminal act but that he or she did so with the knowledge and desire to achieve the illegal act. Thus in order to find Mr. Sheen guilty of this felony, the State of California would need to prove that Mr. Sheen had the unprotected sex with the specific objective of infecting his partner or partners with the HIV virus. Completion of the crime does not require that the partner did, in fact, become infected.

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When talking about theft laws in California, it’s important to distinguish between theft and grand theft.  To be specific, California law defines the crime of theft as the unlawful taking of someone else’s property.  In situations where the value of the item taken is $950.00 or higher, then the crime is characterized as grand theft under Penal Code Section 487.  What may start out as a simple shoplifting arrest, can result in a charge of grand theft, if the value is $950.00 or more.  It is also important to note that grand theft charges are “wobblers”, meaning that they may be filed as a misdemeanor or felony, depending upon the circumstances.  A conviction for grand theft can have devastating effects on a person’s professional and personal life but, with the help of an experienced criminal defense lawyer, it may be possible to have the charges reduced or dismissed completely.

So what does the District Attorney have to prove in order to convict someone of grand theft?  He or she must prove the elements of the crime as follows:

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As most people know, codependency exists where one person supports another person’s addiction, anger or other psychological weakness. In the criminal context this unbalanced relationship rears its head very frequently. To the extent a parent or other loved one unequivocally and unreservedly supports the weakness of a child or other loved one, the cycle of codependency renews itself.

In my practice, I am presented on almost a daily basis with a parent of an adult child overcompensating for the child’s deficits. The hallmark of a codependent relationship is a lack of bilateralism, that is that the parent and child, regardless of the age of the child do not share in the responsibilities of their daily lives. Often times, the parent tries to explain away, justify or otherwise limit the moral or ethical responsibilities of his or her child.

Codependent people typically lack self-esteem and seek external influences to make themselves feel better. Typically, this is most often seen in alcohol or drug dependency. Sometimes though, it can rear its head in domestic violence settings.

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IS COERCED TREATMENT FOR SUBSTANCE ABUSERS THE RIGHT APPROACH?

A recent study that has garnered a lot of attention is the finding by two Princeton economists, one a Nobel prize winner, that there is what has been termed an “epidemic” of substance abuse by middle-aged white Americans. In fact, the study found that for white Americans aged 45 to 54 with no college education, the increase in deaths attributed to substance abuse, which includes alcohol, heroin and prescription opioids increased at an extraordinary rate from 1999 to 2014. The debate swirls around the causes of this increase but of more pressing concern is how to abate this phenomenon.

Enter Massachusetts Governor Charlie Baker. In that state, 1,200 people died from drug overdoses in 2014. Addressing what has been termed a “brutal opioid epidemic” in his state, Governor Baker has proposed legislation that would give hospitals authority to force treatment on drug addicts who are a danger to themselves or others. The legislation, if signed into law, would be similar to Massachusetts statute that permits the commitment of mentally ill individuals, often against their will. The proposed legislation would give hospitals the power to hold addicts for three days, against their will, in order to evaluate them. If the hospital determines that a longer commitment is needed, the proposed law would allow the hospital to seek legal permission to hold the addict for a longer commitment. The law would apply not only to drug addicts but to those addicted to alcohol as well. Massachusetts already has a law that allows families, police officers, and doctors to seek 90-day civil commitments for addicts who pose a serious risk to themselves or others, but this new law would up the ante for what is called “coerced treatment” by shifting the focus and authority to the hospitals.

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WHITE-COLLAR CRIME: MISREPORTING IN ORDER TO AVOID TAXES OR INSURANCE PREMIUMS

Sometimes the cost of doing business in California gives a business owner reason to consider whether it’s worth it at all. Between taxes, insurance costs and various fees, the cost of doing business in some professions can be exorbitant. Consider this: the cost of workers compensation insurance for roofing companies is around 90% of payroll. That’s right, for every $100 of payroll a roofing company pays to its roofing employees, it pays another $90 toward its workers compensation premium. While roofing companies have the highest workers compensation rates, other business classifications pay nearly as much. And then there are of course the aforementioned taxes and other fees that businesses pay.

So, what does this have to do with a criminal law blog? Plenty. The high cost of doing business in California has led some business owners to “get creative.” Sometimes this creativity becomes criminal.

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California’s Proposition 47, which was considered a controversial measure, appears to be producing the results it was intended for.  However, there are still those skeptics who question whether or not the desired results are being met.  But, according to reports by the Stanford Justice Advocacy Project, any criticism of Prop 47 seems to be based on anecdotes and scare tactics rather than evidence and data.

The report further went on to highlight the positive effects of Prop 47 which includes a 13,000 inmate decrease in jail and prison population in California.  This alone will save the state and counties more than $300 million per year.  Early releases from county jails has been reduced by 35 percent, which means that overcrowding in jails has gone down.  The report went on to say that of the prisoners released under Prop. 47, less than 5 percent have returned to prison or been convicted of a new crime.  This seems to support the claim that there is no connection between any increase in crime over the last year and  inmates being freed due to Prop. 47.

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An Orange County high school’s biggest theatre production in over a decade almost came to a halt after two speakers and nine wireless microphones worth over $7,000 were stolen from a locked moving truck less than a week before the show. Katella High School’s performance art equipment was borrowed from Cypress High, and was discovered missing when the school’s drama director arrived at the Anaheim campus on the morning of September 26, 2015.

Although, the theft was of considerable value, the items will not be covered by insurance because of the district policy for a $10,000 minimum for theft. The theft has been reported to the local authorities.

If you have been charged with theft, call an experienced criminal defense attorney right away to assist you.

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Attempted Kidnapping Video May Lead To Arrest

The recent release of a video may lead to the arrest of an attempted kidnapping suspect. A 17-year-old girl from Northern California was grabbed while walking to school, and while being forced into a man’s car, screamed and fought him off. The suspect reportedly jumped out at the girl, which would seem to indicate that he had been waiting for her. The girl was able to beak free and the suspect then drove off. While the girl was not harmed and the suspect was not successful in his attempt to abduct her, if caught, he faces serious felony charges.

The definition of kidnapping is to move a victim from one place to another, using force or fear. Penal Code 207,208, 209 and 209.5 states that you violate kidnapping laws when you do the following:

  1. Move another person
  2. A substantial distance
  3. Without that person’s concern
  4. By using force or fear.

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OFFICER MISCONDUCT AND THE PITCHESS MOTION

You are driving late at night and your eye catches flashing red lights in your rearview mirror. Your mind races—you were driving at the speed limit, didn’t run any stop signs or the like—why was the officer stopping you? You pull over and the officer swaggers over to your stopped vehicle. You sense something is wrong. The officer asks you for your driver’s license, registration, and insurance card; you produce all three. You are extra compliant because your sixth sense alerts you to be on guard; something is not right with this guy. He asks you to step out of the car. At this point you have no idea what you have done wrong so you politely ask the officer why he stopped you. Rather than respond to your question, his voice becomes agitated and demanding: “I said ‘Get out of the car!'” You promptly comply, feeling both angry and afraid at the same time.

The officer commands you to put your hands on your car and assume the search pose. Your mind is now racing—there is nothing, absolutely nothing, that would explain why the officer would search you. He searches your pockets and pulls out your wallet. He commands that you sit on the curb and begins riffling through your wallet. He pulls out some cash and tells you he is writing you up for several serious vehicle code violations. You know that is a lie. At this point, your brain kicks into self-defense mode. You ask the officer to return your wallet and money; the officer just laughs. So you stand up and try to grab your wallet. He gives you a big push, slamming you into your car. A struggle then ensues, which the officer initiated. Next thing you know, you are in handcuffs and being booked for resisting arrest and assault on an officer!

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