by

The US Constitution gives us the right to own and carry firearms but with strict guidelines. California has laws that regulate when and how those firearms can be used and possessed and the laws are complicated and confusing. The law doesn’t stop at possession of a firearm; it extends to possession of firearms accessories and ammunition. Transporting a firearm in a vehicle is legal, but, also with strict guidelines and laws.

There are circumstances under which a person may not possess a firearm. Anyone convicted of a felony, or who is a drug addict, present or former mental patient, ever committed for mental observation, or acquitted by reason of insanity may not own or possess a firearm. People who have been convicted of misdemeanors involving force or violence may not own or possession a firearm within 10 years of the conviction. There are also laws relating to minors and firearm possession.

Carrying and transportation of a firearm in a vehicle also has strict guidelines/laws. Carrying a loaded rifle, shotgun or handgun in any public place or on a public street is illegal. Carrying a concealed weapon without a license is illegal. Carrying a handgun in a glove compartment or under the seat of a car is considered concealed. However, a handgun that is transported to or from a vehicle, in a locked container, is not considered concealed.

The most common gun charges in California include:

(1) Possession of a firearm without a permit. It is a misdemeanor to possession a firearm without a permit and carries a potential sentence of up to one year in jail.

(2) Brandishing a Firearm is also typically filed as a misdemeanor. If you draw or show a firearm, whether it’s loaded or not, in a threatening or angry manner, you may be charged with this offense. The punishment for this offense depends upon the circumstances. If the firearm is the type that can be easily concealed and took place on public property, you can be sentenced to a minimum of 3 months to 1 year in jail. But, if it not committed in a public place, you face 30 days to 1 year in jail.

(3) Brandishing a firearm while in a vehicle can be filed as a felony. This carries a potential sentence of 16 months to 3 years in prison.

Being in possession of a firearm, and found to be in commission of another crime, will enhance your penalty. The sentence in felony weapons charges depends upon several things, including: (1) What the weapon was; (2) How it was used; (3) Your criminal History; and (4) If the weapon was concealed.

California gun laws are very complex and require the knowledge and expertise of an experienced criminal defense attorney. There are defense to weapons charges and it is therefore extremely important to seek the advice and assistance of an attorney specializing in weapons charges. It is equally important to seek the advice of an attorney who is familiar with the court in which your case is pending. A good Orange County Criminal Defense Attorney who is familiar with all of the individual Courts in the Orange County, will be better equipped with the knowledge of how to get the best possible outcome for someone being charged with a weapons charge.

Continue reading →

by

Residential burglary as defined by the law, is committed when a person enters a residence, where people are present, without the permission of the residents and with the intent to commit a theft or felony once inside. Residential burglary is First Degree Burglary, a felony and a Strike under California’s “Three Strikes” law, which means that if convicted, you would have to serve 80% of the sentence (85% if a person was home at the time).

There are two types of burglary under California law, First degree and second-degree burglary. First-degree burglary is always a felony and a strike. Second-degree burglary is not a strike and can be filed as either a misdemeanor or a felony. The sentencing range for first-degree burglary in California, including Orange County, is 2,4 or 6 years in state prison. It is also presumptive that if convicted of first-degree burglary you will not get probation and state prison should be imposed. Having a strike on your record has severe consequences if future felonies are committed. California law states that if another felony is committed by a person with one strike, the potential sentence can be doubled.

The Prosecution’s burden of proof in a first-degree burglary case is to prove that when entering the residence, the defendant had the intent to steal something or to commit a felony once inside. It only has to be proven that there was an intent to steal, not that there was actually something stolen. So, if the prosecution cannot prove that the defendant entered the residence with the specific intent to steal or commit another felony, then the charges can be substantially reduced. Also, if the intent was to commit a misdemeanor, not theft, then this gives the defense good grounds to dismiss the burglary charges or have the reduced substantially. If however, the state is able to prove intent, a good burglary defense attorney might look at the another avenue to avoid a more serious punishment. An accused person must show remorse and be able to pay back the victim(s). This could possibly result in a reduced sentence.

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) Lack of intent; 5) Insufficient evidence; and 6) Misconduct or failure to follow proper procedure by the law enforcement agency.

Residential Burglary in Orange County is taken very seriously by the District Attorneys Office and the consequences of a conviction has serious and long lasting effects on a person’s life. It is therefore extremely important that anyone who has been arrested and/or charged for Residential Burglary or First Degree Burglary immediately seek the advice of an experienced criminal defense attorney, specializing in burglary cases. It is likewise very important to choose an attorney who is familiar with the Court in which the case is or will be heard. 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.

Continue reading →

by

Two young men, both 18 years old, were recently arrested and charged with Burglary and Receiving Stolen Property, both Felonies and Tampering with a Vehicle and Petty Theft, both misdemeanors. The young men were stopped by police officers while riding their bikes in the early morning hours in Tustin, Orange County, California. Police officers found electronics, cameras and other items in a backpack belonging to one of the young men. Also found was a GPS which, according to Police Officers, was from a Mercedes that had been reported missing.

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. possession of stolen property or receiving stolen property is defined as a person who has property that was gained by theft, fraud or any other crime. The person must also have knowledge that the property was stolen or gained by fraud. If the prosecution can show that it was obvious that a reasonable person had this knowledge but ignored, or chose not to investigate further, they can be found guilty of the charges.

Receiving stolen property under California Penal Code 496 is considered a “wobbler”. This means that, depending on the circumstances of the case and the criminal history of the accused, it can either be filed as a felony or a misdemeanor. If convicted of a misdemeanor, the sentence is up to one year in County Jail. But if convicted of a felony, the sentence is 16 months to 3 years in State Prison. First Degree Burglary is always filed as a Felony. 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; 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.

There are several defenses to these charges that, in this case, an experienced Orange County Criminal Defense Attorney should consider, depending on the circumstances of the case. Some of the more common defenses to Receiving Stolen Property are: Mistake of fact, meaning that he didn’t know that the property was stolen. Also, believing that he had a right to the property. If either or both of these can be proven, he cannot be convicted of the charge. Similarly, if he didn’t know that he possessed the stolen property, in other words, someone placed the property in his possession without his knowledge, he would be entitled to an acquittal. Some common defenses to first degree burglary 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. Defenses to all of the crimes include whether or not the police officers had probable cause to search these two young men’s backpacks; were their constitutional rights violated. This is extremely important because if there was any misconduct on the part of the officers and the rights of these young men were violated, the case could be dismissed all together.

These two men are facing serious charges, and at their young age, can affect them for the rest of their life. While you are considered an adult at the age of 18, most 18-year-old boys are still not mature enough to stop, think and really consider how serious their actions are and what the consequences might be. Especially if they have never been in trouble with the law and have never had legal consequences. For this reason, it is extremely important that these young men be represented by experienced criminal defense attorneys, who have experience in not only defending these charges, but also with defending young adults.

Continue reading →

by

It is illegal to use physical force or to threaten to harm anyone. However, if the harm or threat of harm is against a spouse, fiancé, cohabitant, dating partner, or the parent of your child, the allegations are looked at as much more serious.
The most common domestic violence crimes are: 1) Corporal Injury to a Spouse or Cohabitant. A person can be charged with this crime if they strike his/her significant other and cause a visible injury; 2) Domestic Battery. It is a misdemeanor to inflict force or violence on an intimate partner. This California Domestic Violence Law does not require a visible injury; 3) Child Abuse; 4) Child Endangerment; 5) Elder Abuse; and 6) Criminal Threats. Threatening to seriously harm someone can be filed as a misdemeanor or a felony. You must have intended to put the person in fear and actually did put the person in sustained fear for this to be a crime.
Unfortunately, innocent people get accused of domestic violence in California all the time and once the accusation is out there, it is extremely difficult to prevent the case from being filed. Even if the accusing party changes her/his mind and no longer wants to press charges, the investigating agency will almost always go ahead and submit the case to the District Attorney.
An accusation of domestic violence or domestic abuse, is usually made during a highly emotional situation between two people. The accuser sometimes makes false allegations out of anger, jealousy or, in child custody cases, accusations are made to try to make the other parent look bad. In other situations, it can appear to the police that there has been a domestic battery when in reality it may have been self-defense or an accident.
The penalty, punishment and sentencing for domestic violence convictions depend upon 1) The seriousness of the injuries, and 2) The defendant’s criminal record. However, most courts impose a minimum 30-day jail sentence, even if it is a first-time conviction and require the defendant to attend and complete a 52-week domestic battery class. Making the punishment even more severe is that a conviction of domestic violence goes on a person’s permanent criminal record. The conviction will show up anytime a routine background check is done. This can be a big problem when applying for employment or for state licensing.
For these reasons, if you have been accused of domestic violence, it is extremely important that you contact a criminal defense attorney, specializing in domestic violence crimes. If an attorney intervenes early, they can speak with the investigating agency and present your side before it is sent to the District Attorney’s Office. Sometimes, this can help the chances of the case not being filed. Also, if an attorney intervenes before the case is actually filed, they can speak with the District Attorney assigned to the case, present your side and other facts that the District Attorney may not have, and often times this can actually result in the District Attorney rejecting the case. Early intervention before a case gets filed is extremely important. However, if the case does get filed, a good domestic violence attorney will know what to do to try to get the charges dropped and the case dismissed, or in the alternative, to get the charges reduced to help preserve your record.
If you are charged with domestic violence in Orange County California, it is important to hire an attorney who is familiar with all of the courthouses in Orange County. A good Orange County Criminal Defense Attorney will have trusting relationships with the District Attorneys, Judges, Probation Department and Court Staff. This will help to ensure the best possible outcome for you.

Continue reading →

by

US Border Patrol is increasing their presence in Orange County California as drug smuggling has increased along the coastal cities. The Boarder Patrol station south of San Clemente held a meeting in Dana Point advising that maritime smuggling along the Orange County Coast has now become a source for illegal drugs to enter California. San Onofre State Beach is one that the Border Patrol is asking the public to watch as well as Dana Point Harbor, which is considered an optimum spot for smuggling.

Drug Trafficking, also known as Drug Smuggling and Narcotics Trafficking, is defined as the transportation of illegal drugs from one location to another. When illegal drugs are brought across state lines, this becomes a Federal crime.

Consequences for being convicted of narcotics trafficking are typically quite harsh. High fines and significant time in California State Prison is what a person convicted is facing. The penalties in California however, are dependent upon the kind of drug being smuggled, the amount and the criminal history of the alleged drug trafficker.

An experienced criminal defense attorney will be familiar with the various defenses available to someone who has been arrested for or charged with drug trafficking. A good drug trafficking defense lawyer should be challenging the search and seizure tactics used by the law enforcement, as well as the validity of search and arrest warrants that are based on electronic surveillance or wiretaps.

Continue reading →

by

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.

Continue reading →

by

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.

Continue reading →

by

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.

Continue reading →

by

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.

Continue reading →

by

A Lake Forest man has been charged with Receiving Stolen Property after Fountain Valley Police responded to an unrelated call at a warehouse where the Lake Forest man was. Upon their arrival, they discovered that he was in possession of a motorcycle that had previously been reported stolen. The suspect ran from police, but was chased and eventually stopped by a K-9 unit.

This man had been sought by Orange County Sheriff’s Investigators as a suspect in 7 motorcycle thefts. They had previously gone to the man’s home and discovered 6 stolen motorcycles, but he fled before they arrived.

A person is considered to have committed the crime of possession of stolen property or receiving stolen property if he or she has the property that was gained by theft, fraud or any other crime. The person must also have knowledge that the property was stolen or gained by fraud. If the prosecution can show that it was obvious that a reasonable person had this knowledge but ignored, or chose not to investigate further, they can be found guilty of the charges.

Receiving stolen property under California Penal Code 496 is considered a “wobbler”. This means that, depending on the circumstances of the case and the criminal history of the accused, it can either be filed as a felony or a misdemeanor. If convicted of a misdemeanor, the sentence is up to one year in County Jail. But if convicted of a felony, the sentence is 16 months to 3 years in State Prison.

There are several defenses that, in this case, an experienced Orange County Criminal Defense Attorney should consider, depending on the circumstances of the case. Some of the more common are: Mistake of fact, meaning that he didn’t know that the property was stolen. Also, believing that he had a right to the property. If either or both of these can be proven, he cannot be convicted of the charge. Similarly, if he didn’t know that he possessed the stolen property, in other words, someone placed the property in his possession without his knowledge, he would be entitled to an acquittal.

In choosing an attorney, in this case, this man will need the advice and representation of an experienced Orange County Criminal Defense Attorney, specializing in Receiving and/or Possession of Stolen Property. A good Criminal Defense Attorney will do what is necessary to get the charges reduced to a misdemeanor, if filed as a felony, and to minimize the exposure of time he may be facing. Along with that, an attorney familiar with the laws, defenses and the Orange County Courts, will be able to maximize all defenses and opportunities available in this type of case.

Continue reading →