California Criminal Defense Lawyer Blog

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 " Fullerton Couple Arrested For Possession of Drugs and Firearms " »

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 " Lake Forest Man Convicted Of Rape Faces Possible 119 Years In Prison " »