California Criminal Defense Lawyer Blog

A 17 years old young lady is facing possible misdemeanor charges because she lied about being tied up and assaulted. It was determined by Costa Mesa Police Department that she lied to avoid getting in trouble for staying out late.

In California, there are three elements to filing a false report. They are: 1) The report must be false; 2) The report must have been given to a police officer or grand jury; and 3) The report must have been made by a person who knew that it was false.

The punishments/penalties for false police report crime is up to six months in jail and a maximum $1,000.00 fine.

Anyone who is charged with making false statements to a police officer should immediately seek the advise of an experienced criminal defense attorney. A qualified criminal defense attorney will look at all options, including reducing the charges and penalties to having the case dismissed. In this particular case, the young woman needs an experience Orange County, California Criminal Defense Attorney who has experience and relationships with the various courthouse personnel, including the district attorneys, judges and clerks. Early intervention is also very important. Sometimes, a good criminal defense attorney can stop the charges from ever being filed.

Further, in this particular case, counseling and pretrial intervention and/or community service should be considered, rather than jail time. In most cases like this, there is something more going on. It seems rather clear that someone who does something like this is crying out for attention and help and the benefit of counseling would far outweigh the benefit of punishment in jail.

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A male juvenile was taken into custody on suspicion of burglary after three people, suspected of committing a series of home burglaries, were seen near the Golden West College in Orange County. According to Huntington Beach Police, there have been a series of recent home burglaries in the north end of Huntington Beach. Two suspects are still being sought.

Burglary is defined by California law as “entering a structure with the intent to commit a felony (or a petty theft) once inside”. Forced entry is not required for someone to be charged with burglary, only that you entered a building with the intent to commit a theft or felony.

Burglary is separated into two categories, first degree and second degree burglary. First-degree burglary is always a felony; second-degree burglary may be prosecuted as a felony or as a misdemeanor. This is referred to as a “wobbler”, which means that it may be charged as a misdemeanor or felony. The circumstances of the case will dictate how the charge is filed. This will be determined by 1) the circumstances of the case and 2) your criminal history. First-degree burglary is referred to as residential burglary and is committed if you burgle an inhabited dwelling, whether it is currently occupied or not. Second-degree burglary, referred to as commercial burglary, includes everything else.

The penalties and punishments for First Degree burglary are two, four, or six years in the California State Prison and a maximum fine of $10,000.00; If convicted of second degree burglary as a felony, you face sixteen months, two or three years in the state prison and the same fine; if convicted of second degree burglary as a misdemeanor, you face up to one year in a county jail and a maximum fine of $1,000.00. California law instructs judges not to issue probation if convicted of burglarizing an inhabited structure unless it is an “unusual case where the interests of justice would be best served by doing so”. For this reason, an experienced criminal law defense attorney, having extensive experience and knowledge in burglary cases, is the best way to ensure that you achieve the best possible outcome.

Fortunately, there are defenses to burglary. In this case in particular, a skilled Orange County Criminal Defense Attorney will be familiar with the numerous defenses to be considered and will know exactly how to present them to the prosecution and Court. Some of the defenses include: Intent, it must be proved that you intended to commit a theft when you entered the dwelling; 2) Mistake of fact, you believed you had the right take something back that belonged to you; 3) Consent, you were invited in by the owner and the owner knew of your intent to commit theft (this becomes complicated); and 4) You are innocent of the charges. This could include mistake in identity and/or misleading evidence.

A good criminal defense attorney will present the most effective arguments and legal defenses to convince the prosecutor to reduce or possibly dismiss your charges.

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A Fullerton couple are facing drug and weapons charges after being arrested in their apartment near a junior high school. The 53-year-old man is being charged with 15 felony counts of possession of a controlled substance with intent to sell, possession for sale of marijuana and possession of a firearm by a felon. The 54-year-old woman has been charged with four felony counts of possession of a controlled substance with intent to sell and possession for sale of marijuana.

Possession of a controlled substance with intent to sell is a felony. If convicted, punishments range from probation, 1 year in County Jail or 2, 3 or 4 years in a California State Prison. Possession for sale of marijuana is a felony and is punishable by up to 4 years in State Prison.

To prove intent to sale, the prosecution does not need to prove that you sold anything, only that you intended to. This proof can be made based on the amount of drugs found, other items found such as baggies or scales, conversations with undercover officers or informants and high volume of traffic to and from you residence.

Possession of a firearm by a felon is also a felony. A felon is anyone who has been convicted of a crime that is punishable by a prison term of more than one year. A convicted felon is not allowed to knowingly possess a gun, which includes having a gun in your home. The sentence ranges from 16 months to 2 or 3 years in State Prison. Felon in possession of a weapon is also a federal crime and therefore this man could be facing both federal and state charges.

Fortunately, there are defenses to all of these crimes. Some include: 1) Illegal search and/or seizure; 2) No intent to sell; 3) Lack of possession; and 4) Lack of knowledge. These two individuals are facing serious felony charges and therefore an experienced Orange County Criminal Defense Attorney is imperative to helping them achieve the best possible outcome.

Every county and every courthouse has it’s own way of doing things. In this case, It is important to have an attorney who is familiar with how things work in the Orange County Courts and/or courtroom. It is likewise as important that the attorney have a good relationship with the Judges, prosecutors, probation officers and the court staff.

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A 33-year-old Lake Forest man is now facing the possibility of life in prison after a jury in Santa Ana convicted him of raping 5 women and attempting to rape a sixth. According to the District Attorney, this man sexually assaulted the women after meeting them in bars, dating them or was acquainted with them, over a five-year period of time. He was convicted of 14 felony counts and multiple penalty enhancements for committing sex crimes against multiple victims, using a deadly weapon and committing crimes while out on bail on earlier charges.

In California, rape is defined as nonconsensual intercourse by means of threats , force or fraud. Rape is a felony with the following possible penalties, punishments and/or sentencing: 1) Formal probation, though typically only imposed if force or violence was not a factor; 2) Three, six or eight years in a California State Prison; 3) If the victim sustained great bodily injury, the sentence could mean an additional three to five years; 4) A maximum fine of $10,000.00; 5) Registration as a sex offender; 6) A possible strike. Sentencing enhancements can also be imposed depending upon the circumstances, as in this case where there are multiple victims, using a deadly weapon and committing the crimes while out on bail.

To be found guilty of rape, the prosecution must prove four elements of the crime. There has to have been sexual intercourse with another person; The other person was not your spouse (“Spousal Rape” is a separate crime); That the intercourse was against the will of the other person; and that the act was accomplished by one of the means above.

An accuser needs little or even no evidence to make the accusation. Unfortunately, this is why innocent people are falsely accused and/or arrested for rape. Some defenses commonly used to defend against a rape charge are: 1) False accusations. Often, sex crimes are initiated out of jealousy, revenge, anger or other motives that may stem from an emotional reaction; 2) Consent. If there is consent by both, there is no rape. If consent is given and then withdrawn, the withdrawal of consent must have been effectively communicated; 3) Insufficient evidence. If an alleged rape victim does not seek medical attention, it is possible that there would be no physical evidence. Also, if there were no witnesses and no one heard anything, then the charge is based on “he said/she said”; 4) Mistaken identity. If the alleged victim did not know the person being accused, it is possible that the victim is mistaken. Some circumstances that can contribute to mistaken identity are: pool lighting, facemasks, in-person or photograph police line-ups.

Any person being accused of rape, or any sex crime, should seek the advise of an experienced criminal defense attorney, specializing in sex crimes. In this particular case, this man should retain the services of an Orange County California Criminal Defense Attorney who is familiar with the Orange County Courts, Judges and Prosecutors. This is the best way to ensure the best possible outcome.

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A 63 year old Fountain Valley woman faces a maximum of four years in State Prison for transportation of marijuana. She and her 42 year old son were arrested in Nebraska and found guilty of being in possession of 66 pounds of marijuana with the intent to deliver.

In California, it is a felony to sell, transport or distribute marijuana. The penalties are much less if the amount being transported, or given away is less than an ounce. In the case of less than an ounce, it is a misdemeanor. However, possession of marijuana with the intent to sell is always a felony regardless of the amount that is being sold.

If you have been arrested and/or charged with a marijuana charge, you should seek the advice of an experienced Orange County Criminal Defense Attorney specializing in these types of matters. Being charged with Felony Possession of Marijuana is a serious charge. However, a good criminal defense attorney will act aggressively prior to the case actually being filed in an attempt to stop the case from ever being filed. Your attorney should be familiar with all of the Orange County Courts, as well as the District Attorneys who work out of these courts.

In a situation where someone is found with a large sum of marijuana, an experienced attorney will look closely at the circumstances under which the marijuana was found. In other words, looking for possible legal defenses such as illegal search and seizure, police misconduct and the like. There are defenses to charges of Possession for Sales and Distribution, the key is finding an Orange County Defense Attorney , experienced in marijuana cases to achieve the best possible outcome.

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An Anaheim woman and a Laguna Niguel man, brother and sister, were arrested by Santa Ana Police this month for a murder and robbery that happened in June of 2000. The brother and sister are being charged with Murder and use of a firearm with enhancements special circumstances of robbery, kidnapping and burglary.

The two Orange County California siblings are being accused of killing a man after robbing his family at their home in Santa Ana, California. The couple allegedly tied up the man and his four family members. After demanding jewelry and money they shot the victim, a former security guard, when he tried to get loose.

California has what’s known as the California Felony Murder Rule. Any one who kills another person during the commission of another felony can be charged with 1st or 2nd degree murder. So, even though these two individuals did not intend on killing the man when they enter his home to rob him, they can still be charged with 1st degree murder. In this case, these two are facing the possibility of life in prison. The sentence for 1st degree murder is 25 years to life. If a firearm is used, an additional 10, 20 or 25 years can be added on. There is also the enhancement charges of kidnapping.

Kidnapping is defined as the use of force or fear to take a person, hold or detain another person. The sentence for kidnapping is up to 8 years or more if the victim(s) were injured or abused, if the victim(s) was a child or if the kidnapping was done to facilitate another crime.

Fortunately, there are legal defenses to murder and kidnapping. These two individuals will need a good criminal defense attorney who is familiar with the legal defenses of murder as well as the Orange County California Courts. Some legal defenses to consider are mistaken identity, insanity, false coerced confessions and evidence obtained illegally. A criminal defense attorney should always look closely at the police/investigative procedures for police misconduct and the possibility that the accused’s rights were violated with illegal search and seizure and/or coercing confessions.

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A 47 year old Orange County CA woman faces possible life in prison if convicted on the charges of attempted murder and domestic battery with corporal injury with sentencing enhancements for causing great bodily injury and the personal use of a deadly weapon. The Yorba Linda woman is being accused of hiding in the back seat of her ex-boyfriends Mercedes Benz while he attended a meeting at a church and then once he arrived back to his car, stabbing him repeatedly with an ice pick.

The definition of attempted murder involves intentionally and deliberately acting to commit murder of another individual. Attempted murder requires proacively taking steps towards committing the act of murder. The prosecution must show that the accused intended and attempted to commit the crime. Another factor looked at in attempted murder cases is where, on the body, the injury is located. Injuries deliberately delivered to the upper body are more serious than injuries to the lower part of the body, due to the fact that vital organs are located in the upper part of the body. Also taken into consideration, is if a gun is used, how many shots were fired. If only one shot is fired as opposed to several, the defense has an excellent argument that the charge should be assault rather than attempted murder.

A good Orange County Criminal Defense Attorney, speciliazing in murder and attempted murder, needs to be familiar with many areas such as DNA, gunshot resudue, balistics, fingerprint analysis and wound pathology. A good murder defense attorney will know what weaknesses to look for in each of these areas. Pointing out only one discrepency can make the difference between guilty and innocent. Further, there are emotional defenses that must be considered. A good criminal defense attorney in Orange County will be familiar with the mental or emotional disturbance defense as well as others, and know the proper exoert witnesses to bring to the defense team.

The charge of attempted murder can often be dropped to assault if the criminal defense attorney is familiar wtih the specifics of the law as it relates to each of the crimes. Assault with a deadly weapon carries anywhere from 2 to 9 years, depending upon the circumstances whereas, attempted murder can carry 25 years to life, or 50 years to life, depending on the circumstance. The biggest issue with these types of cases is whether or not the prosecution can prove intent to kill, if not, then the charge is assault with a deadly weapon.

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A 32 year old man from Ladera Ranch, Orange County California, was extradited from Austria after DNA matched him to a Tustin, Orange County California rape and a San Diego California rape, both which occurred in October of 2004.

Charges were filed against the Orange County man in 2004 but he fled the Country before he could be charged and the case went cold. In 2009, detectives with the Tustin Police Department began investigating the rape again in 2009 and submitted DNA from the Tustin rape to the International Crime Police Organization, or Interpol which lead to the arrest and extradition.

The former Orange County, California man is being charged with two felony counts of forcible rape, two felony counts of sexual penetration by foreign object by force and one felony count of aggravated assault with intent to commit a sexual offense. The DA’s office is also requesting sentencing enhancements for committing sexual crimes against more than one victim and causing great bodily injury to a victim. If convicted, this man could be facing 68 years to life in prison.

Sexual assault crimes are often assigned to aggressive prosecutors and police detectives. An experienced Orange County California Criminal Defense Attorney, specializing in sex crimes and rape will pursue an aggressive defense to a sex crimes case as soon as the accusation arises. Sex Crime cases involve unique aspects of California evidence law and therefore, in this case, an experienced Sex Crimes Attorney in Orange County, California is of paramount importance. A good criminal defense attorney will have experience in all Courts in Orange County, including Newport Beach, Santa Ana, Orange, Westminster and Fullerton.

It will be important to the defense of this case to have a skilled Orange County Sexual Defense Attorney who knows what needs to be done in each of these different types of charges. In defending felony sexual assault charges and to achieve the best possible result, a sexual assault defense attorney should have his own investigator re-interview all people involved. It may also be necessary and/or helpful to have a psychotherapist evaluate the accused. Sometimes these types of evaluations can be beneficial to the defense in a sex crime.

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A 35 year old woman was walking through the parking lot of a shopping center in Irvine, Orange County, California when a man tried to grab her purse from her. During the scuffle, the victim fell to the ground and held on to her purse. The suspect ran to a waiting car which then drove away. Surveillence cameras captured the suspects image.

If the suspect is caught and charged with attempted robbery, he could be facing up to 3 years in State Prison if convicted. Robbery is the unlawful taking or attempted taking of property from another against their will by means of force or fear. Robbery is a serious felony punishable by state prison. The punishment will depend on whether the crime was first degree robbery or second degree robbery. Robbery is a “Strike” in California and falls under the “Three Strikes Law“. Using a gun during a robbery adds 10 years to the robbery sentence.

An experienced Orange County Criminal Defense Attorney will understand the many elements that constitute robbery. An Orange County Robbery Defense Attorney will know when to raise the proper defenses. There must have been intent to take the property before or during the time force or fear was used. In order to be convicted of robbery the defendant must have used force or fear to take the property. There must be taking of the property to constitute robbery. The property need only be moved a small distance to constitute taking. Another defense could be that the person honestly believed that he or she had a right to the property. Finally, there must be force, more than the incidental touching necessary to take the property.

Any person charged with robbery of any kind should contact an experienced Orange County Criminal Defense Attorney as soon as possible. The laws involving robbery can be complicated so an attorney experienced with Robbery Defense and/or Attempted Robbery Defense is of paramount importance.

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