California Criminal Defense Lawyer Blog

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.

Continue reading " Irvine California Attempted Robbery Suspect Faces Up To Three Years In Prison " »

A 25 year old Orange County woman was stopped near the U.S. Border Patrol checkpoint in Temecula and interviewed by agents at that checkpoint. After smelling a strong odor of perfume, a k-9 unit was called in. The woman's car was searched and agents found 36 pounds of methamphetamine.

The Orange County woman faces several serious charges including but not limited to felony possession of a controlled substance, possession for sale and transporting and the sale of a controlled substance, also known as drug trafficking. 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. The potential sentence for possession of drugs for sale is 3-5 years.

Drug trafficking, or transporting and the sale of controlled substance, is also a serious felony which carries a potential sentence of 6-9 years. However, the judge may include enhancements which can add up to 15 years additional penalty.

A good Orange County California Criminal Defense Attorney, will be familiar with legal and illegal search and seizure. It should be looked at whether the police acted appropriately at the time of the arrest and in seizing the evidence. A skilled Criminal Defense Attorney uses technical procedures to successfully attack the basis for the search and seizure of evicence. Further, a good Orange County Criminal Defense Attorney should be familiar with methods to uncover evidence of police misconduct. Evidence may be suppressed and the case dismissed where the criminal defense attorney can prove that the police acted inappropriately and violated your rights.

Continue reading " Orange County California Woman Faces Possible Felony Possession for Sale and Transportation of A Controlled Substance " »

A Santa Ana youth coach who was convicted of molesting three boys over a two year period of time faces possible life in prison. The youth coach was found guilty of nine counts of lewd acts with a minor, four counts of showing pornography to a minor and one count of attempted lewd acts on a child under 14, and possession of child pornography. This coach met the boys while coaching them on different sports teams. He would befriend their parents first and then gain favor with the boys by bringing them gifts. The youth coach admitted to molesting one victim but denied the others in an attempt to avoid a life sentence.

A conviction of multiple molestations carries sentencing enhancements which calls for a life sentence.

Child molestation defense requires a qualified Orange County Criminal Defense Attorney, experienced in sex crimes and familiar with the court in which the case will be heard. These cases often come down to who the judge or jury believes. An experienced Irvine Criminal Defense Attorney defending a person charged with child molestation will know when, and if, it becomes necessary to use psychologists, character witnesses or other tools to achieve the best outcome for his client.

Continue reading " Orange County California Man Convicted of Multiple Molestations " »