California Criminal Defense Lawyer Blog

On January 28, a Santa Ana couple was robbed at gun point while sitting in their car. According to authorities, while sitting in the back seat of their car, in Santa Ana, Orange County, CA, the couple were startled when a man appeared at the window, tapped on it and pointed a gun at them. He then demanded money from them. Fearing that they would be shot, the woman opened the door and handed her purse to the man. He then ran from the scene.

In California, the definition of robbery is the taking of someone else's property from the person's body or immeditae possession, when accomplished by force or fear. This is a felony offense, punishable by two to nine years in State Prison. To be convicted of robbery, the prosecution must prove: 1) you took property that didn't belong to you; 2) you took property from another person's possession or immediate presence; 3) you took the property against the person's will; 4) you used force or fear and 5) you took the property with the intent to deprive the owner of it permanently or for such a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property.

In California, Robbery is a Felony. However, the length of your sentence depends on whether your are convicted of 1st Degree Robbery or 2nd Degree Robbery. 1st Degree Robbery carries a sentence of three to nine years in State Prison. 2nd Degree Robbery carries a sentence of two to five years in State Prison. If there is more than one victim, as in this case, you face conviction of, and punishment for, multiple counts of robbery.

Also, this man faces the possibility of sentence enhancements, along with the above penalties. Some sentence enhancements include, 1) great bodily injury during a robbery, 2) robbery for the benefit of, in association with or at the direction of a criminal street gang and, 3) the use of a gun during the robbery. An additional ten years in prison can be imposed if you use a gun, twenty years for firing a gun and 25 years to life for killing or seiously injuring another person with a gun while commiting the crime of robbery.

There are legal defenses to robbery that a good Orange County Criminal Defense attorney should be aware of. Some of the more common ones are: You didn't intend to take the property; No force or fear was used; Claim of Right; Mistaken Identity; and False Accusations. There are a variety of situations in which these defenses can and should be used. A good Criminal Defense Attorney, specializing in Robbery will know how to use these defenses to get the best possible outcome for his client.

Continue reading " Man Faces Up To Nine Years In State Prison For Santa Ana Robbery " »

An Undercover operation in Santa Ana, which lasted approximately 1 year, ended with the arrest of 16 people on suspicion of being involved in illegal distribution of narcotics. The distribution of narcotics operation included distributing crack cocaine, methamphetamine and heroin.

Transporting, importing and selling or distributing controlled substances is a felony in California. This is also known as drug trafficking. The trasportation of narcotics is when an individual or group knowingly transfers the substances from one place to another. Whether the amount is small or large, transporting drugs is considered a seirous offense. Drug distribution is the act of selling narcotics to others.

The consequences of drug transportation and/or distribution vary depending on several factors. Some of the mitigating factors are: 1. The type of drug, 2. the location, 3. the amount, and 4. whether or not minors are involved. Importing large quantities of narcotics from another country face the most severe penalties.

Consequences of being convicted of drug transportation, drug distribution also known as drug trafficing, may include a long prison sentence, large fines, parole/probation, registration as a narcotics offender, forfeiture of assets, drug testing, rehab, counseling, search and seizure of property, deportation (if not a U.S. citizen) and more.

A good criminal defense attorney, in this case, an Orange County Criminal Defense Attorney, specializing in Distribution of Narcotics, will be aware of the important factors listed above. In addition, an attorney specializing in drug trafficing will look closely at two important facts, the quantity of drugs and prior criminal record, specifically prior drug convictions. The quantity will point to the question of whether or not the drugs were for personal use or distribution. Someone with a prior conviction of sales of narcotics, could be facing a minimum 3 year enhancement, which is added to the time he would serve if convicted on the new drug charge.

An experienced criminal defense attorney, specializing in Narcotics Distribution, Drug Transportation and/or Drug Trafficking will be well aware and equipped to utilize the best defenses and/or sentence alternatives to get the best result possible. For example, drug treatment would be more appropriate than jail time. Especially for non-violent indviduals who may suffer with a drug problem. Depending upon the situation, there are alternatives. In California, if you qualify, you could be eligible for Proposition 36 which would allow substance abuse treatment instead of jail time. DEJ, or Diversion, is another alternative which would allow the case to be dismissed after a period of time if all requirements were fulfilled. There is also Drug Court which is a program that involves supervision and treatment.

There are alternatives and therefore, it is critical that anyone being charged which a seriuos drug charge needs the representation of an experienced criminal defense attorney.

Continue reading " 16 Arrested in Distribution of Narcotics Operation " »