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A 54 year old man was arrested in Laguna Niguel after being accused of assaulting the owner of the home where he was employed as a Gardner. According to witnesses, the Gardner and the owner began arguing over instructions being given by the owner. The argument escalated at which point the Gardner reportedly hit the owner with a gardening tool. The Gardner then reportedly went back to his truck and came back with a power hedge trimmer and began chasing the man with it. This man is facing, at the very least, assault charges and, more than likely, the Orange County District Attorney will file assault with a deadly weapon charges.
In California, the law defines Assault With A Deadly Weapon (ADW), as an assault that is committed with any type of deadly weapon or by means of force that is likely to cause great bodily injury to another. Simple Assault is defined as an unlawful attempt, coupled with a present ability to commit a violent injury on another person.

ADW, is usually charged as a felony. However, the prosecution can decide to file it as a misdemeanor depending upon the circumstances. This is referred to as a “wobbler” meaning that it can go either way. In deciding whether to file as an ADA felony or as a misdemeanor, three important facts must be determined: 1) The type of weapon allegedly used; 2) Whether or not the alleged victim sustained injuries and if so, how serious; and 3) The nature of the victim. Meaning, was the alleged victim an officer, firefighter or other “protected” person.

A “deadly weapon” is any object that is capable of producing death or great bodily injury to a person. For example, swinging a beer bottle at another, threatening to stab someone in the neck with a sharp pencil or using your car to hit another person or another person’s car while they are inside, all qualify as deadly weapons.

To be convicted of ADW, the prosecution must prove that the defendant did assault someone (keeping in mind the legal definition of assault) and that the assault was committed with a deadly weapon, or other means of force likely to cause great bodily injury. Unfortunately, in Orange County, California, innocent people are accused of ADW all the time. The accuser often times exaggerates or lies to the police officers when in reality, it may have been an act of self-defense or defending another.

Fortunately, there are defenses to Assault with a Deadly Weapon. Having an experienced criminal defense lawyer who has experience in defending ADW charges is curtail. Because the alleged victim does not have to have sustained any injury in connection with the ADW charge, it is easy to be falsely accused of and arrested for this crime.

A skilled California Criminal Defense Attorney will be familiar with the different types of defenses available to someone being charged and will know how to present these defenses to the prosecution in order to get the best possible outcome. Some of the defenses a good criminal defense attorney might use are: 1) The inability to actually carry out the assault; 2) Self-defense or defense of another; 3) Consent (an example would be participation in a fight club); 4) Lack of intent; 5) Insufficient evidence; and 6) Misconduct or failure to follow proper procedure by the law enforcement agency.

Anyone being accused of Assault With A Deadly Weapon in Orange County, California, should seek the advise of an attorney who is familiar with all the Courts in Orange County. An attorney who has a good working relationship with the individual Judges, District Attorneys, Court Clerks and Probation Department, as well as the Court staff, will be better able to get your charges reduced and/or dismissed. An attorney familiar with the Courts in which a case is pending will result in the best possible outcome available.

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“Bath Salts” are an inexpensive, synthetic, super-charged form of speed. The drug consists of a potpourri of constantly changing chemicals, three of the main ingredients, mephedrone, MDPV and methylone, were banned last year by the U.S. Drug Enforcement Agency. The U.S. Drug Enforcement Administration (DEA) made illegal the possession and sale of these three chemicals commonly used to make the synthetic drug “bath salts“. The ban was an emergency control, which will remain in effect for at least one year, while the DEA and the United States Department of Health and Human Services decide whether or not three chemicals should be permanently controlled.

However, in California, a recent law was just enacted which makes it illegal to sell, distribute, give away any “synthetic stimulant derivative“, a misdemeanor offense. At this point, simple possession of “bath salts” is not a crime. There are counties in California however that are in the process of making it illegal to both possess and sale the substances.

In May of this year, Orange County Sheriff’s Department, South Narcotics and Special Investigations Bureau conducted an undercover operation, which resulted in issuance of search warrants and the ultimate arrest of a 38-year-old San Clemente man. He was arrested and booked for violation of Health and Safety Code 11375.5, Unlawful Sale of Synthetic Stimulants and Unlawful Sales of Synthetic Cannabinoid Substances. Although it is illegal to sale and distribute “bath salts“, many head shops and smoke shops still package and sell it.

Simple possession of “bath salts” is, at this time, not a crime, however, the results of using this new “designer drug”, can and does result in being arrested and charged with misdemeanors and felonies. Because it is thought to be legal by teens and young adults, and is fairly easy to get, these young people are trying out this new drug, often times with devastating results. There have been reports of violence associated with the use of bath salts, as well as other bizarre behavior. So, while being in possession of bath salts might not result in an arrest, often times the behavior while on the drug will.

While the new law will impose fines and possible jail time for people arrested and charged with selling designer drugs, this pales in comparison to the consequences one might suffer if arrested for a crime while on the drug. As has been recently reported in the news, there have been several instances of people committing violent crimes while under the influence of “bath salts”. In these situations, it appears that these people were not career criminals with a propensity for violent crimes but are now faced with serious felony charges that will affect the rest of their lives.

Anyone who has been arrested for a crime while under the influence of “bath salts” should seek the advice of an experienced criminal defense attorney who is familiar with drug related offenses and specifically the defenses to crimes committed while under the influence. There are defenses that a skilled attorney will be familiar with. One defense in particular that may apply to a situation where someone under the influence of “bath salts” and commits a crime is the voluntary intoxication defense.

Voluntary intoxication is typically difficult to use as a valid criminal defense. But it may bear on the issue of whether you possessed the mental state to commit certain “specific intent” crimes. “Specific intent” means that you specifically intended the consequences of your act.

Anyone being accused of a crime in Orange County, California, should seek the advise of an attorney who is familiar with all the Courts in Orange County. An attorney who has a good working relationship with the individual Judges, District Attorneys, Court Clerks and Probation Department, as well as the Court staff, will be better able to get your charges reduced and/or dismissed. An attorney familiar with the Courts in which a case is pending will result in the best possible outcome available.

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“Bath Salts” are an inexpensive, synthetic, super-charged form of speed. The drug consists of a potpourri of constantly changing chemicals, three of the main ingredients, mephedrone, MDPV and methylone, were banned last year by the U.S. Drug Enforcement Agency. The U.S. Drug Enforcement Administration (DEA) made illegal the possession and sale of these three chemicals commonly used to make the synthetic drug “bath salts“. The ban was an emergency control, which will remain in effect for at least one year, while the DEA and the United States Department of Health and Human Services decide whether or not three chemicals should be permanently controlled.

However, in California, a recent law was just enacted which makes it illegal to sell, distribute, give away any “synthetic stimulant derivative“, a misdemeanor offense. At this point, simple possession of “bath salts” is not a crime. There are counties in California however that are in the process of making it illegal to both possess and sale the substances.

In May of this year, Orange County Sheriff’s Department, South Narcotics and Special Investigations Bureau conducted an undercover operation, which resulted in issuance of search warrants and the ultimate arrest of a 38-year-old San Clemente man. He was arrested and booked for violation of Health and Safety Code 11375.5, and Unlawful Sales of Synthetic Cannabinoid Substances. Although it is illegal to sale and distribute bath salts, many head shops and smoke shops still package and sell it.

Simple possession of “bath salts” is, at this time, not a crime, however, the results of using this new “designer drug”, can and does result in being arrested and charged with misdemeanors and felonies. Because it is thought to be legal by teens and young adults, and is fairly easy to get, these young people are trying out this new drug, often times with devastating results. There have been reports of violence associated with the use of bath salts, as well as other bizarre behavior. So, while being in possession of bath salts might not result in an arrest, often times the behavior while on the drug will.

While the new law will impose fines and possible jail time for people arrested and charged with selling designer drugs, this pales in comparison to the consequences one might suffer if arrested for a crime while on the drug. As has been recently reported in the news, there have been several instances of people committing violent crimes while under the influence of “bath salts”. In these situations, it appears that these people were not career criminals with a propensity for violent crimes but are now faced with serious felony charges that will affect the rest of their lives.

Anyone who has been arrested for a crime while under the influence of “bath salts” should seek the advice of an experienced criminal defense attorney who is familiar with drug related offenses and specifically the defenses to crimes committed while under the influence. There are defenses that a skilled attorney will be familiar with. One defense in particular that may apply to a situation where someone under the influence of “bath salts” and commits a crime is the voluntary intoxication defense.

Voluntary intoxication is typically difficult to use as a valid criminal defense. But it may bear on the issue of whether you possessed the mental state to commit certain “specific intent” crimes. “Specific intent” means that you specifically intended the consequences of your act.

Anyone being accused of a crime in Orange County, California, should seek the advise of an attorney who is familiar with all the Courts in Orange County. An attorney who has a good working relationship with the individual Judges, District Attorneys, Court Clerks and Probation Department, as well as the Court staff, will be better able to get your charges reduced and/or dismissed. An attorney familiar with the Courts in which a case is pending will result in the best possible outcome available.

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California defines murder as “the unlawful killing of a human being or a fetus with malice aforethought.” As straightforward as that sounds, there are many degrees to the charge of murder. The circumstances of how the person was killed or how they died, will affect how the District Attorney will file the charges and will also help to determine the defense your criminal defense attorney will use. As an experienced Orange County Criminal Defense Attorney, my priority is always to protect the rights of my client, which, often times are violated during the initial investigation and subsequent arrest. I look closely at police conduct both prior to and after the arrest. It is also extremely important to interview any witnesses that the police agency has interviewed because police reports often leave out important information that witnesses may have provided and, whether intentional or not, the investigating officers have omitted from his or her report.

If it is determined that the evidence is overwhelmingly in favor of the prosecution, then the circumstances surrounding the death becomes the focal point. For example, was it an accident; was it during a heated argument; was it self-defense. There are many more defenses that an experienced murder defense attorney should explore. Let’s take for example a situation where two people who know each other begin to argue and the argument escalates until one of them looses control and ends up killing the other. It was not the intent of the person to kill the other but nonetheless, they now face murder charges. In this situation, a good criminal defense attorney should proceed to build his case with a view toward having the charges reduced to voluntary manslaughter. For purposes of this writing, I will discuss voluntary manslaughter and the possible sentences.

Voluntary manslaughter applies to killings that are committed during a sudden argument or in the heat of passion. The difference between murder and voluntary manslaughter is whether you acted with “malice aforethought. Malice aforethought exists when you act with (1) an intent to kill or (2) a wanton disregard for human life.

What constitutes “sudden argument” or “heat of passion”. What this means is you were provoked, and as a result of being provoked, you acted rashly and under the influence of intense emotion that obscured your reasoning or judgment, and the provocation would have caused an average person to act rashly and without due deliberation…that is, from passion rather than from judgment. Penal Code 192(a) defines heat of passion as: any violent or intense emotion that causes a person to act impulsively.

The penalties, punishment and sentencing vary depending upon the circumstances and the plea agreement reached. If convicted of voluntary manslaughter, you face three, six, or eleven years in prison. However, if convicted of murder, the exposure of time is 15 years to life in prison and the possibility of a death sentence. Other penalties might include: 1) a strike on your record which could increase your penalties if you have any prior felonies or if you are convicted of any future felonies; 2) a maximum $10,000.00 fine; 3) the loss of the right to own a firearm; 4) community service such as Cal Trans; 5) counseling services; and 6) any other conditions that the court deems appropriate.

Hiring the right criminal defense attorney in Orange County, California, can be the most important decision a person makes when being accused and/or charged with a criminal matter.

Anyone being accused of a crime in Orange County, California, should seek the advise of an attorney who is familiar with all the Courts in Orange County. An attorney who has a good working relationship with the individual Judges, District Attorneys, Court Clerks and Probation Department, as well as the Court staff, will be better able to get your charges reduced and/or dismissed. An attorney familiar with the Courts in which a case is pending will result in the best possible outcome available.

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California Health & Safety Code 11350 makes it a crime for anyone to be in possession of a controlled substance. Possession of a controlled substance has nothing to do with under the influence of a controlled substance or possession of a controlled substance for sales. Simply being in possession is enough to be convicted. As an Orange County Criminal Defense Attorney, practicing law in Orange County for 20 years, I have gained invaluable experience and information with regard to how cops and the District Attorney build their cases. This has given me an advantage when it comes to preparing a defense for my clients.

Possession of a controlled substance is what is known as a “wobbler”, meaning that it may be filed as either a misdemeanor or a felony, depending upon the circumstances and prior criminal history. Penalties if convicted include fines and up to three years in State Prison. For this reason, an experienced criminal defense attorney, specializing in drug possession cases, should be consulted.

Some defenses that should be explored are: 1) Was there probable cause to stop and search you; 2) Who did the drugs belong to; and 3) Maybe you are an addict and need treatment rather than punishment. However, if it turns out that the evidence is such that a guilty plea/verdict is inevitable, my goal is always to find an alternative to jail or prison time. For example, serving time in a drug program would be my goal if the judge and prosecution are determined that time must be served.

Anyone being accused of a crime in Orange County, California, should seek the advise of an attorney who is familiar with all the Courts in Orange County. An attorney who has a good working relationship with the individual Judges, District Attorneys, Court Clerks and Probation Department, as well as the Court staff, will be better able to get your charges reduced and/or dismissed. An attorney familiar with the Courts in which a case is pending will result in the best possible outcome available.

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A 21 year old Mission Viejo man recently plead guilty to brandishing a weapon after threatening customers at a local sports bar. It was reported that this young man entered the bar carrying a 12 pack of beer and after being asked to leave by management, took out a 6 inch knife and verbally threatened customers. As an Orange County Criminal Defense Attorney, practicing in Orange County for 20 years, I have made it my priority to look beyond the actual “criminal act”, and get to know my clients in order to present them to the Court in the most positive light.

The legal definition of “brandishing a weapon” has three parts to it: 1) that you drew or exhibited a deadly weapon in the presence of another person; 2) you did so in a rude, threatening manner or that you did so unlawfully in a fight or quarrel; 3) and that you were not acting in self-defense or in the defense of another person. The prosecution must prove these three elements for a conviction.

Fortunately, there are defenses to brandishing a weapon or firearm. They include: 1) Self-defense or defense of another; 2) the weapon was not displayed in a rude, angry threatening manner. This defense is important because, simply drawing or exhibiting a weapon is not enough to convict, it must be done in a rude, angry, threatening manner; and 3) False allegations.

Depending upon the circumstances of the situation and the criminal history, brandishing a weapon is a “wobbler”, meaning it can be filed as either a misdemeanor or a felony.

A misdemeanor conviction is punishable by a minimum three month to a maximum one-year jail sentence; A felony, punishable by 16 months, or two or three years in the California State Prison.

If you have been arrested and/or charged with brandishing a weapon or firearm, in Orange County, you should seek the advise of an attorney who is familiar with all the Courts in Orange County. An attorney who has a good working relationship with the individual Judges, District Attorneys, Court Clerks and Probation Department, as well as the Court staff, will be better able to get your charges reduced and/or dismissed. An attorney familiar with the Courts in which a case is pending will result in the best possible outcome available.

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A 21 year old Mission Viejo man recently plead guilty to brandishing a weapon after threatening customers at a local sports bar. It was reported that this young man entered the bar carrying a 12 pack of beer and after being asked to leave by management, took out a 6 inch knife and verbally threatened customers. As an Orange County Criminal Defense Attorney, practicing in Orange County for 20 years, I have made it my priority to look beyond the actual “criminal act”, and get to know my clients in order to present them to the Court in the most positive light.

The legal definition of “brandishing a weapon” has three parts to it: 1) that you drew or exhibited a deadly weapon in the presence of another person; 2) you did so in a rude, threatening manner or that you did so unlawfully in a fight or quarrel; 3) and that you were not acting in self-defense or in the defense of another person. The prosecution must prove these three elements for a conviction.

Fortunately, there are defenses to brandishing a weapon or firearm. They include: 1) Self-defense or defense of another; 2) the weapon was not displayed in a rude, angry threatening manner. This defense is important because, simply drawing or exhibiting a weapon is not enough to convict, it must be done in a rude, angry, threatening manner; and 3) False allegations.

Depending upon the circumstances of the situation and the criminal history, brandishing a weapon is a “wobbler”, meaning it can be filed as either a misdemeanor or a felony.

A misdemeanor conviction is punishable by a minimum three month to a maximum one-year jail sentence; A felony, punishable by 16 months, or two or three years in the California State Prison.

If you have been arrested and/or charged with brandishing a weapon or firearm, in Orange County, you should seek the advise of an attorney who is familiar with all the Courts in Orange County. An attorney who has a good working relationship with the individual Judges, District Attorneys, Court Clerks and Probation Department, as well as the Court staff, will be better able to get your charges reduced and/or dismissed. An attorney familiar with the Courts in which a case is pending will result in the best possible outcome available.

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As computer technology continues to advance, we are seeing more technology and/or cyber related crimes than ever before. Identity theft, harassment, and threats of harm are on the rise. As the Internet has become a common source for people to get information, exchange information, purchase products, pay bills and communicate, it has also become a common source for criminal activity. Some of the more common Internet crimes are set out below:

Child Pornography & Crimes Against A Child

The Internet has become the main source for soliciting, watching and distributing child pornography.

Police agents often use websites and chat rooms, to search out potential criminals. However, this police tactic may also be considered entrapment. In other words you were induced or persuaded to do something that, under normal circumstances, you would not have done.

Identity Theft and/or Fraud

Because we shop and pay our bills on line, we have become comfortable with imputing our account information, with the false sense of security that our information will remain private. However, sophisticated individuals have figured out ways to retrieve personal information and use it to their benefit.

But, what if you are accused of identity theft but you actually had, or believed that you had consent from the person who’s information you were using. One element of this crime requires lack of consent and absent that, the prosecution would not have met their burden of proof. Further, was the act intentional? If not, then there was no willfully act of obtaining and illegally using the information.

Cyber Stalking

Cyber stalking is much the same as stalking but with the use of a computer. Using social networks such as Facebook, MySpace and Twitter are used to harass because it is easy to access other people’s information and post harassing or threatening messages.

So what does it mean to harass or threaten? Penal Code Section 646.9 states that there must be intent to cause the victim to fear for his or her own safety. It is defined as “An intentional course of conduct directed at a specific person that seriously annoys, alarms, torments, or terrorizes without any legitimate purpose to justify it.”
A couple of defenses to this charge might be that the threats would not make a reasonable person fear for their life or that the threats were not credible. Further, there is the First Amendment right to free speech. Your attorney should be aware whether or not the conduct comes under the protected activities of the amendment.

Illegal Downloading

Downloading copyrighted materials like movies and music without paying for them is a crime, and there are laws that will not only impose civil liabilities but also harsh criminal penalties.

Impersonation

It is a misdemeanor offense to knowingly, without consent, impersonate another online or through any other electronic means.

Orange County California, together with the FBI, has officially opened the first Orange County Regional Computer Forensics Laboratory in Orange. According to authorities, just about every crime these days involves analyzing technology of some kind.

State Attorney General Kamala Harris has announced the creation of the state’s first eCrime Unit. The eCrime Unit will focus on going after criminals involved in identify theft, Internet fraud, computer and electronic theft, intellectual property crimes, such as counterfeiting and piracy, and child exploitation. California has the highest identity theft rate in the Country, with over 1 million reported crimes each year. The eCrime Unit will focus their efforts solely on cyber crime.

Cyber crime is extremely difficult to prosecute for several reasons. These types of crimes are typically committed with no witnesses, no DNA, and these individuals are becoming more sophisticated, making it difficult for them to be tracked. Until now, law enforcement lacked the technological knowledge needed to investigate. But with the creation of the eCrime Unit, along with the Orange County Regional Computer Forensic Lab, tracking down and arresting individuals suspected of Internet and/or cyber crimes in Orange County, will be more efficient and much quicker than in the past.

No matter what type of cyber or internet crime a person faces, an experienced criminal defense attorney, specializing in cyber crimes, is necessary to ensure that a person’s rights have not been violated, as well as having a better understanding of what is necessary for the prosecution to be successful.

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A Long Beach man was arrested and is being charged with Kidnapping, Terrorist Threats, Domestic Assault and Brandishing a Weapon after forcing his girlfriend to drive him from Garden Grove to Santa Ana, while threatening to kill her with a knife. As a criminal defense lawyer, practicing law in Orange County California for 20 years, I have represented many individuals being charged with these types of serious charges. It has been my experience that the initial charges are many types over-charged and therefore my goal is always to have as many of the charges dropped as possible and the remaining charges either reduced to misdemeanors or dismissed altogether.

The crime of kidnapping is defined as the use of force or fear to take a person and move him or her a substantial distance. The penalty if convicted of kidnapping is up to 8 years in State Prison or more if the victim was injured or abused, if the victim was a child or if the kidnapping was done to facilitate another crime.

There are certain elements of the crime of kidnapping. They are: (1) The kidnapper took, held, or detained another person by means of force or by instilling reasonable fear; (2) Using that force or fear, the kidnapper moved the other person or made the other person move a substantial distance; and (3) The other person did not consent to the movement.

Kidnapping is considered a serious Felony and is a “Strike Crime” under California’s “Three Strikes Law“. However, there are defenses to kidnapping and a defendant is not guilty of kidnapping if he/she reasonably and actually believed that the other person consented to the movement. The prosecution has the burden to prove, beyond a reasonable doubt, that the defendant did not believe that the other person consented to the movement.

Consent is also a defense to kidnapping. If the other person consented to go with the defendant, the defendant is not guilty of kidnapping. Consent is defined as: (1) The person freely and voluntarily agreed to go with or be moved by the defendant; (2) The person was aware of the movement, and (3) The person had sufficient maturity and understanding to choose to g0 with the defendant. Again, the prosecution has the burden of proving, beyond a reasonable doubt, that consent was not given.

It is important to note that consent may be withdrawn. If at first the person consented to go with the defendant but later changed their mind, the defendant is guilty of kidnapping if after the other person withdrew consent, the defendant committed the crime outlined above.

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Narcotics Investigators with the Inland Crackdown Allied Task Force found 88 pounds of cocaine after receiving information that narcotics were being distributed out of a house in Lake Forest, California. The investigators believe that the house was being used solely for the purpose of hiding and distributing narcotics throughout the Country. The estimated street value of the narcotics is $4 million. Two men have been arrested on suspicion of possession and distribution of narcotics. One is a Lake Forest resident, and the other from Aliso Viejo, California.

As an Orange County Criminal Defense Attorney, specializing in drug related offenses, taking a close look at the officers’ conduct prior to the arrest of these two men is extremely important, as well as how the search warrant was obtained. These are very serious charges and therefore, any mistakes or illegal investigation conducted by the Narcotics Investigators must be considered.

Transporting drugs is the moving of drugs from one place to another. In order to be convicted of transportation of a controlled substance, it is only necessary for the prosecution to establish that the accused moved the drugs.

To be convicted of selling or transporting a controlled substance, it must be established that the accused engaged in one of the following acts:

1. Transporting a controlled substance;
2. Importing drugs, into California (meaning, bringing illegal drugs into this state).
3. Selling, exchanging narcotics for money, favors, services, goods or any other non-cash benefit.
4. Furnishing drugs or supplying by any means.
5. Administering the drugs directly to another person.
6. Giving illegal drugs away.
It must also be established that the accused knew of the presence of drugs and that the drug was illegal. There must be enough of the drug to be used as a controlled substance.

The penalty for a conviction of selling and transporting a controlled substance is either probation and up to one year in county jail, or three, four or five years in prison and a maximum $20,000.00 fine. However, if convicted of transporting a controlled substance for sale, and the drugs were moved across more than two county lines, the penalty is three, six or nine years in prison. There are aggravating factors that if relevant to your case, could result in the highest possible sentence or add time to the overall prison sentence. Prior convictions of felony drug charges may also add time to the overall sentence.

Fortunately, there are defenses to these charges that a skilled criminal defense attorney will be familiar with. An attorney experienced in drug sales and transportation charges will look closely at the possibility of an illegal search and seizure as well as police misconduct. Some other defenses include: entrapment, mistaken identity/innocence, lack of knowledge and lack of intent.

Anyone being charged with drug possession for sale, in Orange County, California, needs the representation of a skilled Orange County Criminal Defense Attorney, who will look closely at the prosecution’s case as it relates to the accused. In other words, a good criminal defense attorney will take the time to get to know their client and their client’s background, history, family, standing in the community, everything about that client in order to represent the person, not just the defendant., to the prosecution/judge.

There are alternatives to jail and prison for those being charged and convicted of drug related charges. Drug diversion, such as Proposition 36, Penal Code 1000 PC Drug Diversion and California Drug Court are examples of these alternatives. If convicted of a drug related offense, drug diversion is the outcome to pursue, as it is so much more beneficial than being incarcerated. The drug diversion programs can help overcome many drug related problems that have contributed to the initial acts that have lead to the conviction.

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