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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 If consent is given and then withdrawn, the withdrawal of consent must have been effectively communicated; 3) Insufficient evidence.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.

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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.

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A 63 year old Fountain Valley woman faces a maximum of four years in State Prison for transportation of marijuana. She and her 42 year old son were arrested in Nebraska and found guilty of being in possession of 66 pounds of marijuana with the intent to deliver.

In California, it is a felony to sell, transport or distribute marijuana. The penalties are much less if the amount being transported, or given away is less than an ounce. In the case of less than an ounce, it is a misdemeanor. However, possession of marijuana with the intent to sell is always a felony regardless of the amount that is being sold.

If you have been arrested and/or charged with a marijuana charge, you should seek the advice of an experienced Orange County Criminal Defense Attorney specializing in these types of matters. Being charged with Felony Possession of Marijuana is a serious charge. However, a good criminal defense attorney will act aggressively prior to the case actually being filed in an attempt to stop the case from ever being filed. Your attorney should be familiar with all of the Orange County Courts, as well as the District Attorneys who work out of these courts.

In a situation where someone is found with a large sum of marijuana, an experienced attorney will look closely at the circumstances under which the marijuana was found. In other words, looking for possible legal defenses such as illegal search and seizure, police misconduct and the like. There are defenses to charges of Possession for Sales and Distribution, the key is finding an Orange County Defense Attorney , experienced in marijuana cases to achieve the best possible outcome.

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An Anaheim woman and a Laguna Niguel man, brother and sister, were arrested by Santa Ana Police this month for a murder and robbery that happened in June of 2000. The brother and sister are being charged with Murder and use of a firearm with enhancements special circumstances of robbery, kidnapping and burglary.

The two Orange County California siblings are being accused of killing a man after robbing his family at their home in Santa Ana, California. The couple allegedly tied up the man and his four family members. After demanding jewelry and money they shot the victim, a former security guard, when he tried to get loose.

California has what’s known as the California Felony Murder Rule. Any one who kills another person during the commission of another felony can be charged with 1st or 2nd degree murder. So, even though these two individuals did not intend on killing the man when they enter his home to rob him, they can still be charged with 1st degree murder. In this case, these two are facing the possibility of life in prison. The sentence for 1st degree murder is 25 years to life. If a firearm is used, an additional 10, 20 or 25 years can be added on. There is also the enhancement charges of kidnapping.

Kidnapping is defined as the use of force or fear to take a person, hold or detain another person. The sentence for kidnapping is up to 8 years or more if the victim(s) were injured or abused, if the victim(s) was a child or if the kidnapping was done to facilitate another crime.

Fortunately, there are legal defenses to murder and kidnapping. These two individuals will need a good criminal defense attorney who is familiar with the legal defenses of murder as well as the Orange County California Courts. Some legal defenses to consider are mistaken identity, insanity, false coerced confessions and evidence obtained illegally. A criminal defense attorney should always look closely at the police/investigative procedures for police misconduct and the possibility that the accused’s rights were violated with illegal search and seizure and/or coercing confessions.

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A 47 year old Orange County CA woman faces possible life in prison if convicted on the charges of attempted murder and domestic battery with corporal injury with sentencing enhancements for causing great bodily injury and the personal use of a deadly weapon. The Yorba Linda woman is being accused of hiding in the back seat of her ex-boyfriends Mercedes Benz while he attended a meeting at a church and then once he arrived back to his car, stabbing him repeatedly with an ice pick.

The definition of attempted murder involves intentionally and deliberately acting to commit murder of another individual. Attempted murder requires proacively taking steps towards committing the act of murder. The prosecution must show that the accused intended and attempted to commit the crime. Another factor looked at in attempted murder cases is where, on the body, the injury is located. Injuries deliberately delivered to the upper body are more serious than injuries to the lower part of the body, due to the fact that vital organs are located in the upper part of the body. Also taken into consideration, is if a gun is used, how many shots were fired. If only one shot is fired as opposed to several, the defense has an excellent argument that the charge should be assault rather than attempted murder.

A good Orange County Criminal Defense Attorney, speciliazing in murder and attempted murder, needs to be familiar with many areas such as DNA, gunshot resudue, balistics, fingerprint analysis and wound pathology. A good murder defense attorney will know what weaknesses to look for in each of these areas. Pointing out only one discrepency can make the difference between guilty and innocent. Further, there are emotional defenses that must be considered. A good criminal defense attorney in Orange County will be familiar with the mental or emotional disturbance defense as well as others, and know the proper exoert witnesses to bring to the defense team.

The charge of attempted murder can often be dropped to assault if the criminal defense attorney is familiar wtih the specifics of the law as it relates to each of the crimes. Assault with a deadly weapon carries anywhere from 2 to 9 years, depending upon the circumstances whereas, attempted murder can carry 25 years to life, or 50 years to life, depending on the circumstance. The biggest issue with these types of cases is whether or not the prosecution can prove intent to kill, if not, then the charge is assault with a deadly weapon.

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A 32 year old man from Ladera Ranch, Orange County California, was extradited from Austria after DNA matched him to a Tustin, Orange County California rape and a San Diego California rape, both which occurred in October of 2004.

Charges were filed against the Orange County man in 2004 but he fled the Country before he could be charged and the case went cold. In 2009, detectives with the Tustin Police Department began investigating the rape again in 2009 and submitted DNA from the Tustin rape to the International Crime Police Organization, or Interpol which lead to the arrest and extradition.

The former Orange County, California man is being charged with two felony counts of forcible rape, two felony counts of sexual penetration by foreign object by force and one felony count of aggravated assault with intent to commit a sexual offense. The DA’s office is also requesting sentencing enhancements for committing sexual crimes against more than one victim and causing great bodily injury to a victim. If convicted, this man could be facing 68 years to life in prison.

Sexual assault crimes are often assigned to aggressive prosecutors and police detectives. An experienced Orange County California Criminal Defense Attorney, specializing in sex crimes and rape will pursue an aggressive defense to a sex crimes case as soon as the accusation arises. Sex Crime cases involve unique aspects of California evidence law and therefore, in this case, an experienced Sex Crimes Attorney in Orange County, California is of paramount importance. A good criminal defense attorney will have experience in all Courts in Orange County, including Newport Beach, Santa Ana, Orange, Westminster and Fullerton.

It will be important to the defense of this case to have a skilled Orange County Sexual Defense Attorney who knows what needs to be done in each of these different types of charges. In defending felony sexual assault charges and to achieve the best possible result, a sexual assault defense attorney should have his own investigator re-interview all people involved. It may also be necessary and/or helpful to have a psychotherapist evaluate the accused. Sometimes these types of evaluations can be beneficial to the defense in a sex crime.

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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.

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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.

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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.

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After a neighbor noticed suspicious activity at a neighbor’s house, police were called regarding a possible burglary. The Westminster Police arrived just as a car with four suspects in it drove off. The police officers chased the car, which ended up crashing into a brick wall. Three suspects were caught and arrested on suspicion of burglary. Westminster Police are still looking for the fourth suspect.

A charge of burglary can be filed as a misdemeanor burglary or felony burglary depending upon the circumstance of the burglary and the criminal history of the person being charged with burglary. A conviction of felony burglary can result in up to 6 years in California State Prison.

Possible defenses to burglary are consent, lack of intent or intoxication. If the suspect’s attorney can show that his client was so intoxicated he could not form the intent to steal prior to entry into the house, the defendant may be acquitted.

Any person who is being charged with the crime of burglary in Orange County California needs an experienced Orange County criminal defense attorney. A good Orange County criminal defense attorney will be able to achieve the best possible outcome for someone being charged with burglary, whether in Westminster, Irvine, Tustin, Newport Beach or Santa Ana.

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