California Criminal Defense Lawyer Blog

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.

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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 " 2 Tustin Teens Arrested for Burglary & Receiving Stolen Property " »

In California, the law defines Assault With A Deadly Weapon (ADW), as an assault that is committed with any type of deadly weapon or by means of force that is likely to cause great bodily injury to another. Simple Assault is defined as an unlawful attempt, coupled with a present ability to commit a violent injury on another person.

ADW, is usually charged as a felony. However, the prosecution can decide to file it as a misdemeanor depending upon the circumstances. This is referred to as a “wobbler” meaning that it can go either way. In deciding whether to file as an ADA felony or as a misdemeanor, three important facts must be determined: 1) The type of weapon allegedly used; 2) Whether or not the alleged victim sustained injuries and if so, how serious; and 3) The nature of the victim. Meaning, was the alleged victim an officer, firefighter or other “protected” person.

A “deadly weapon” is any object that is capable of producing death or great bodily injury to a person. For example, swinging a beer bottle at another, threatening to stab someone in the neck with a sharp pencil or using your car to hit another person or another person’s car while they are inside, all qualify as deadly weapons.

To be convicted of ADW, the prosecution must prove that the defendant did assault someone (keeping in mind the legal definition of assault) and that the assault was committed with a deadly weapon, or other means of force likely to cause great bodily injury. Unfortunately, in Orange County, California, innocent people are accused of ADW all the time. The accuser often times exaggerates or lies to the police officers when in reality, it may have been an act of self-defense or defending another.

Fortunately, there are defenses to Assault with a Deadly Weapon. Having an experienced criminal defense lawyer who has experience in defending ADW charges is curtail. Because the alleged victim does not have to have sustained any injury in connection with the ADW charge, it is easy to be falsely accused of and arrested for this crime.

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) The inability to actually carry out the assault; 2) Self-defense or defense of another; 3) Consent (an example would be participation in a fight club); 4) Lack of intent; 5) Insufficient evidence; and 6) Misconduct or failure to follow proper procedure by the law enforcement agency.

Anyone being accused of Assault With A Deadly Weapon in Orange County, California, should seek the advise of an attorney who is familiar with all the Courts in Orange County. 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 " Assault Laws, Penalties and Defenses in California " »

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 " Orange County, CA, Domestic Violence Laws " »

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.

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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 " Costa Mesa Teen Faces Possible Misdemeaor for False Statement to Police Officer " »

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 " Huntington Beach Burglary Suspect Caught " »