Los Angeles Criminal Lawyers Blog

California Penal Code §459 makes it unlawful for any person who enters a dwelling or structure with the intent to "commit grand or petit larceny or any felony is guilty of burglary".

Two major elements must be met for any person to be convicted of a burglary charge. The Prosecutor must prove to the Court that the person being charged is guilty beyond a reasonable doubt of both.

It must be proven that 1) the person entered a dwelling or structure and 2) they had the intent to commit theft of burglary. The prosecutors prove their case by using evidence such as witness testimony, evidence of break ins, DNA and other genetic evidence as well as observations of the scene after the fact.

Proving that a person entered a dwelling or structure is difficult, especially when a powerful defense is available. The government must prove that a lock was picked, a window was broken in, or there were footprints matching the person charged inside the structure. The definition of structure is very broad, and it will include any kind of structure such as a home, business, vessel, tent or even a warehouse.
They must show that there is strong evidence that the person being charged had broken and entered into the structure.

Demonstrating that the person had the intent to commit theft or burglary is even more difficult. This is a much harder element to provide because it goes to the mind of the person, or their mens rea. The government will use observations and other evidence to show the element. For example, if the person came with a crow bar, and gloves on, and perhaps bags for stolen things, there is a strong case to be established for the intent to commit a crime.

Let's consider two scenarios. Scenario A involves David who comes to a store after hours with a crow bar and an empty bag. He uses the crow bar to break the door latch and enters putting everything he sees into a bag. The silent alarm is triggered and the cops arrive and arrest David. There is a strong case for prosecution because David had a crow bar, he used it to enter the building and did, and then was in the act of putting things into the bag which indicates a clear intent to steal the items.

In comparison, Scenario B involves Dan who needs to borrow some DVD's. He goes to his friend's house who knows he comes into his house all the time when he is not home. His friend also keeps a back window open that Dan knows about. Dan crawls in through the window and grabs a few dvd's and leaves, fully intending to return them when he is done. The friend does not mind that Dan does this. By strict facts, this could be a case for burglary because Dan entered a dwelling and took some items that were not his. There is breaking and entering but there is a good defense for intent. Dan did not intend to commit a crime, he was borrowing a movie from a friend, especially because the friend had given him consent.

Burglary is a very serious charge and can result in harsh consequences if a person is convicted. Give yourself the best fighting chance and hire an experienced Los Angeles Criminal Defense attorney to defend you.

California Penal Code §211 makes it unlawful for any person to take personal property that is in the possession of another, from his person or immediate presence, and against his will, accomplished by force or fear.

Several different elements must be met before a person can be convicted of robbery.
One element is that the personal property must be in the possession of another. The person from whom the property is stolen must have actual possession of the item.
For example, Danny and Walter are standing on a street where a brand new car is parked. The car does not belong to Walter. Danny steals the car and drives off with it. Walter cannot be a robbery victim. Similarly, if an item has been lost and abandoned with no owner, then the item is not known to be in the possession of another.

Second element is that it must be taken from a person or in their immediate presence. The person must be present when the property is being taken. For example, Victoria works at a jewelry shop. While Victoria is at work, someone breaks into her house and steals her things. This is not a robbery, it is theft. The person is not within the immediate presence of Victoria, nor are any of the items stolen in her immediate presence.

The items that are stolen must be stolen with force or fear. The person must threaten the other person or take the item forcefully. For example, David comes up to Victor and asks that Victor give him his ipod. Victor hands it over and David runs away. This is not a robbery, because there was no force or fear. In comparison, David stops Victor and take out a knife. He asks Victor to give him all of his money or David is going to stab him. There is now an element of fear and an element of force if David grabs Victor's wallet and take the money himself.

A robbery charge is a very serious charge and warrants serious consequences. A person who is convicted of a robbery will face a certain amount of years in state prison, a fine and probation. There are many different types of charges pertaining to robbery, including many different degrees. Additionally, there are also sentencing enhancements like California Penal Code §12022.

When a person is charged with a robbery, they need to consult an experienced Los Angeles Criminal Defense attorney right away. They need the best representation because if convicted of a robbery, it will go on their permanent record. A robbery is a crime that reflects negatively upon a person's character because it requires willful taking of property. Fight the charge with the most powerful defense and argument available to you.

Certain series of Penal Code Sections in California add an enhanced charge to already existing charges. California Penal Code §12022 is one such enhancement.

The relevant code section states that "any person who is armed with a firearm firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment". This code section does not stand by itself, it is added upon another charge.

For example, David steals a television from a next door neighbor that is worth $1,000. During the theft, the neighbor was home and David took out his firearm, threatened the neighbor and took the television. There is plenty of evidence and David is not only charged but also convicted of a felony under the theft statute. However, when the sentence is given, David is not only charged with grand theft, he is also charged under California Penal Code §12022, because he used a firearm to commit an offense.

In comparison, let's say that David went to the store and used his father's firearm to steal a $50 video game. This is a misdemeanor charge and does not rise to the level of a felony because of the monetary value of the item stolen. It is petty theft. Section 12022 will only be applicable when a firearm is used in the commission of a felony, because there was no felony, this section will not be triggered. That is not to say that the person won't be charged with a different firearm charge, it just won't be under this section as an enhancement.

Furthermore, if a person is caught with a firearm, not during the commission of a crime, they will not be charged under 12022. They will likely be charged with a possession of a firearm, but not as an enhanced sentence.

If a person is convicted under this section, their sentence will be added by up to an additional year in State prison. This additional term is on top of the sentence they are already serving for the commission of the crime.

A person who is convicted of a robbery will serve anywhere between 3 to 9 years in state prison. If a person uses a firearm in the commission of a robbery and are sentenced to 6 years, they may serve an additional 7 if there is an additional charge of California Penal Code §12022.

This is a serious charge and is in addition to a felony. The felony itself is extremely serious and will warrant a severe punishment. An experienced Los Angeles criminal defense attorney can fight to have the additional enhancement dismissed, so that the only time a person is serving, if they serve time for the felony, is what the legislative sentence is for the felony alone.

When you are arrested you will be given a piece of paper that will indicate the charge you are being brought under and the date and time you should appear in Court.
When you appear in Court on that date, it is called the Arraignment. This first court appearance is when the Judge explains your rights and asks you to enter a plea. If you would like a continuance to hire an attorney, you will be able to ask the Judge and they will grant you an extension so that you can hire a San Diego Criminal Defense attorney.

At the arraignment, you will also have the chance to speak to a Prosecutor. The Prosecutor will give you an offer, known as the plea bargain. Because Courts are backed up, the goal of the criminal courtroom is to have cases quickly closed. They want people to plead quickly so that they can be sentenced and the case is taken off calendar. Accordingly, the plea bargain is an offer that will ask you to plead to a lesser charge or reduced sentence in exchange that you plead guilty and not contest the charge.

Everyone is given an offer, but not everyone knows whether they should accept the offer and plead guilty, whether they should plead not guilty and ask for trial, or just continue the case.

Since the prosecutor's goal is to get the case closed and off the Court calendar as soon as possible, they do not necessarily have your best interests in mind. They will give you the offer and explain to you that it is best if you take it, but that is not always the case. Determining whether an offer is a good one, takes expertise and knowledge. Many Criminal attorneys who have been practicing for over 30 years can tell you right away if the plea bargain being offered is a good one or whether it is worth pleading not guilty.

Accepting a plea bargain is a big deal. You are giving up your rights to contest the charge and are accepting a misdemeanor or felony to be on your record. Oftentimes people plead guilty to get the issue over with, but the criminal record will remain and continue to be problematic when it comes to applying for jobs and graduate schools. Therefore, pleading guilty is not always the best option ,especially when not accepting the plea bargain can often lead to a dismissal.

Before you give up your rights to a trial and accept a plea bargain, it is best to consult an experienced Southern California criminal defense lawyer. They will be able to discuss your case with you, assess the facts and determine whether the prosecutor has a strong case. If there is a strong case, and your facts are weak, the attorney may direct you to accept a plea bargain, determining that it is a good offer. However, in most cases the plea bargain is not a good offer, and a better result may be obtained by choosing to fight for your rights.

Many people come into our office and ask if they should accept an offer from the Prosecutor and plead guilty to a misdemeanor. Many people believe that pleading guilty will help the problem go away faster as they do not have to make additional trips to Court, and it will save them the expense of hiring a San Diego Criminal Defense lawyer.

Whereas this is true, the problem does not, in fact, go away. Certainly, the person has no additional expenses, and they do not have to stress about coming to Court and addressing the charge. However, the conviction will remain on their record.

Having a misdemeanor charge on your record will impact your life in ways that are a lot more serious than the stress of appearing Court and hiring an attorney.

Many young adolescents get charged with simple misdemeanors. These young adults have worked hard throughout college and have also held a job, only to find themselves in the wrong place at the wrong time. In these situations, when they go to apply for grad school or additional school, they find that they must list and explain any criminal charges.

Having a charge on your record also reflects badly upon a person's character when they go to apply for jobs. An employer will ask that you explain the misdemeanor, and it may show up in many background checks.

Oftentimes, for people who have nothing on their criminal record, and for those who have a minimal record, a misdemeanor can be dismissed or reduced to an infraction through the use of powerful negotiation and defense.

Experienced attorneys who have been practicing in Southern California for 30 plus years know the Prosecutor's, the nature of Judges as well as clerks and other Courtroom personnel very well. They know what the best argument would be in which courtroom before which prosecutor.

The knowledgeable attorneys at Hoffman & Associates prepare each person's case in a positive light, so that the Courtroom sees the person as a part of society, and not just another case number. It is important to present the person's contributions to community, their dedication to work, friends and family and their participation in extracurricular activities. By demonstrating that the charge is a mere slip of judgment, and not worth prosecuting to the full extent of the law, San Diego attorneys have successfully reduced and even dismissed many misdemeanor charges.

Don't let a misdemeanor become a part of your record when it can easily be dismissed or reduced. A conviction will remain on your record, and will look unfavorably upon your character, even when it is barely an adequate representation of who you are and your role in society.

A person who is charged under California Penal Code §647(f) is charged with Drunk and Disorderly conduct. For a person to be convicted under this section, the government must demonstrate that the person is guilty beyond a reasonable doubt of the requisite elements. The person must be willfully intoxicated, they must be in a public place, and they must be a harm to themselves and others, or be obstructing the public walkway in one way or another.

The specific code section does not provide a range of potential consequences, so those of a general misdemeanor will apply. For misdemeanor charges the potential sentence is up to one year of informal probation, a fine of up to $1,000 and up to six months in County Jail.

Informal probation is probation that is not supervised. You do not have to check in with a probation officer. You are simply asked to stay out of trouble for the time that you are under probation, or a probation violation will arise, and may lead to additional penalties added onto the current sentence being served.

The final sentence that is imposed on a person charged with a drunk and disorderly conduct will be determined after considering several factors. The prosecutor will look into the person's prior criminal history, and they will look at the specific facts of the case.

Consider these examples:

Example 1: Don has just left a friend's birthday party and is walking down the street. He has had a lot to drink and is clearly intoxicated. As he walks down the street, he stops and talks to people, often blocking their path until they listen to him. In one case, he stops a woman walking by and wont let her pass him until she gives him a hug. He is arrested and taken into custody. Don has been arrested before for a DUI and has been convicted of an assault.

Example 2: David is walking down the street from his house to his friend's house which is a few blocks away. He has had a few drinks and is intoxicated. As he walks down the street, he waves to neighbors and shouts some comments to friends. Determining that he is drunk, officers arrest him and take him into custody.

Don has a past criminal record that warrants consideration. He has been convicted of assault, and has a DUI which implies he may have a drinking problem. He is also harassing a woman on a public street. He will likely get a harsher punishment with some jail time and an increased fine. In comparison, David is not causing trouble, even though he is drunk. He also has no record. If he is convicted, he will get a simple sentence that will not require jail time.

A range of potential consequences allows room for negotiation on a final sentence. An experienced Los Angeles Criminal Defense lawyer can prepare a powerful argument and defense that will persuade the Judge to impose a sentence that is towards the lower end of spectrum.

In California, many people are often arrested for a drinking in public charge. It is referred to as, drunk and disorderly conduct and is charged under California Penal Code §647(f).

In order for prosecutor's to prove a drunk and disorderly conduct, certain elements of the charge must be proven beyond a reasonable doubt.

First and foremost, the prosecutor must demonstrate that you were willfully under the influence of alcohol. This means that you either took a blood alcohol test and there is evidence of your intoxication, or you demonstrated signs of intoxication. If you were given a blood alcohol test, then there is little room for dispute, unless you feel that the machine was not properly calibrated, or there are maintenance issues. If it was a blood test, you may feel that the sample was contaminated and is not giving an accurate reading.

If this is the case, then it is important to have a Los Angeles Criminal Defense attorney contest the validity of the sample. If you feel that you were intoxicated, then the element of willful intoxication will likely have no problem being proven beyond a reasonable doubt.

Secondly, the government must demonstrate to the courtroom that you were in a public place. Any area that is open to the public will meet this burden. If you are drunk in a restaurant, leaving a club or even outside a sports arena, you could be charged under California Penal Code §647 (f).

The last element that needs to demonstrate is the hardest to prove. The prosecutors must show that the person was not only in a public place, but they were a harm to themselves and others, and they were obstructing other people's movement by being intoxicated in a public place.

Lets consider an example. David is hanging outside a club on a street in downtown and appears to be intoxicated. He is fumbling around in his pocket for his cell phone and then struggling to dial a number for a cab. He is visibly drunk, and people continue to walk by him. There would possibly be no debate as to David's intoxication. Officer's observations will state in their report that he exhibited clear signs. It is certainly a public place, since it is a street in downtown and people are walking by passing him. However, he is not a harm to himself or others. He is not starting a fight, he is not yelling at passersby, and he is certainly not causing anyone to be put in a situation where they would be injured. He also is no threat to himself as he is dialing a cab so that he can go home. David may be charged with drunk and disorderly conduct, but it is unlikely that he will be convicted.

A drunk and disorderly charge is a misdemeanor. Many people believe that it is easier to plead guilty and not go through the hassle of Court. What many people do not know is that this charge is one that is often without basis. It is a charge that is given to people who are intoxicated in public, and when it is argued in Court, the case generally can be reduced or dismissed. Speak to an experienced Criminal Defense attorney who can effectively argue in your favor and assure that it does not become a part of your permanent record.

California Penal code §417 makes it unlawful for any person to draw or exhibit a deadly weapon, including a firearm, in an angry, threatening or rude manner. Additionally, under the relevant statute it is illegal for a person to unlawfully use a weapon, or firearm, in a fight or a quarrel.

The legislators have established a range of possible penalties for a person who is convicted under the Penal Code. It is a range because each case is unique and certain facts will warrant a simple sentence, and others will warrant a much more severe penalty. How the final sentence is determined will be established by the Judge at the suggestion of the Prosecutor. The Prosecutor will consider the person's criminal history as well as the specific facts of the case.

The cases in which there is severe injury, or the potential of injury that is great, the sentence will be higher. For example, lets compare two different scenarios. David and his friends are hanging out at Sally's house. David and his friend get into a discussion about sports and David playfully takes his knife out of his pocket, and waves it around. His friend jokingly plays along and eventually the two sit back down to watch the game.
In comparison, David and his friends go to a local bar. David has previously been convicted of Assault. Victor hits on David's girlfriend and he gets mad. He takes his knife out of his pocket and waves it around as if he is going to stab Victor.

In the first situation, the setting is harmless. There is no threat, or rude or quarrelsome manner in which the weapon was drawn. In the second scenario, David meant for it to be a threat, and he meant it in a rude manner. His taking the weapon out in a public place, almost stabbing a person could have caused severe injury, even if David did not mean to. Coupled with the facts and David's prior history of assault, the penalty in the second scenario will be much more severe and at the harsher end of the spectrum.
In cases where the weapon drawn is other than a firearm, the person shall be punishable by not less than 30 days in county jail. Where the weapon drawn is a firearm that can be concealed on a person such as a pistol or revolver, and is drawn in a public place, the person will be punished anywhere between 3 months to a year in county jail, and a fine of up to $1,000, or both.

With a range of possibilities, there is plenty of room for negotiation. The arguments and facts that are presented in Court, will help persuade the Judge's opinion regarding a conviction and the final sentence. An experienced Los Angeles Criminal Defense lawyer has the experience and knowledge necessary to present the best possible argument and give you the best chances of getting the case reduced or dismissed.

When a person is charged under California Penal Code §417, they are being charged with brandishing a weapon, gun or firearm.

The statute is divided into several different elements that must be met in order for a person who is charged to be convicted. Each element must be proven beyond a reasonable doubt. The person being charged must draw or exhibit a deadly weapon, or a firearm. This not only means that a person could have the weapon in plain sight for others to see, but also that they take it out.

The exhibition or drawing of the weapon or firearm must be in the presence of another person. The actions of the person being charged must be done in a rude, angry or threatening manner.

Additionally, under California Penal Code §417, those that are found unlawfully using a weapon or firearm in a fight or quarrel may also be charged as brandishing a weapon, gun or firearm.

The prosecutor must demonstrate to the Court that the person being charged has met each element and is guilty beyond a reasonable doubt. For example, lets say David goes out to a bar with friends. He has just bought a new hunting knife and wants to show his friends. He takes it out of his pocket and opens it up showing his friend the blade and the handle.

David may be charged with brandishing a knife, but the chances of him being convicted are not likely. While David did have a knife, it is arguable if he "drew" it out, and it was hardly done in a angry, rude or threatening manner. He was merely showing it to his friend and it was not in an unlawful manner done during a fight or quarrel.

Similarly, in another scenario, David goes into a bar and gets into an argument with another patron. In a fit of anger, David takes his knife out of his pocket and waves it around, telling the other patron that he would use the knife if provoked. In this scenario, David will be charged with brandishing a knife and will likely be convicted. He was using the knife unlawfully during a quarrel. It was taken out in anger and was meant to be threatening. Unlike the first scenario, he was not merely showing it to a friend, he was either intending to use it, or threatening to use it.

An experienced Los Angeles Criminal Defense lawyer can help prepare a strong argument against that of the Prosecutor's. Self Defense can be a strong defense to a charge under this statute, and must be proven in order for the charges to be dismissed. Additionally, if an attorney can demonstrate to the Court that each element is not met, there will have to be a reduction in charges, or a dismissal. Preparing the most powerful defense will require experience and knowledge that can only come from handling thousands of similar cases in the past.

California Penal Code §647 defines the different situations in which a person may be charged as engaging in disorderly conduct. Solicitation falls under this statute, and those that are accused of solicitation will be charged and tried in court.

Specifically, CPC §647 (b) makes it unlawful for any person to solicit or even agree to engage in the act of prostitution. The statute also makes it unlawful for any person to engage in any act of prostitution.

The statute defines a person as engaging in an act of prostitution when they manifest a specific intent to engage in the act. They must demonstrate an acceptance or an offer of solicitation. However, the agreement to engage in prostitution is not enough. There must also be an overt act that demonstrates a furthered intention to commit the act.
Prostitution itself will be any lewd act that takes place between persons for money or other consideration.

Lets consider an example to show what kind of act will comprise enough of an act to be charged under California Penal Code §647.

David runs into Pauline on the corner of a street and Pauline propositions David to engage in sexual behavior in exchange for $300. So far, this would constitute a lewd act as described in the relevant code section, because the acts that they would engage in are of a sexual nature and David would be paying Pauline for the acts. If Pauline had told David that she would meet him in a café, the act would not arise to prostitution. There is no lewd act and there has been no offer for an exchange of money.

Further, David agrees to meet Pauline at 9:00 PM in the alley next to his work. This is an agreement between the two. There is prostitution; however there is no overt act. There is only an agreement. Neither party has acted on the agreement and cannot be charged under the California Penal Code.

At the agreed time, David and Pauline meet in the alley as planned and David gives Pauline the money she has asked for. There is now an overt act. The agreement earlier is now supported by David following through with the agreement by actively meeting Pauline as they planned and paying her the money that she has asked.

David and Pauline will be charged under California Penal Code §647 (b). David will be charged for engaging in prostitution and Pauline may be charged under offering, as well as engaging. For a person to be found guilty of solicitation, the Prosecutor must prove each specific element beyond a reasonable doubt. An experienced Los Angeles Criminal Defense lawyer can cast doubt on each element, and prepare a strong defense that destroys the government's strongest arguments.

Domestic violence charges under the California Penal Code are generally wobblers. Wobblers are statutes that do not define whether a certain charge will be a felony of a misdemeanor, instead the District or City attorney may charge it as they see fit based on the specific facts of the case.

The domestic violence laws did not used to be as strict as they are currently. Over time the Courts have taken a much harsher stance on potential consequences starting the O.J. Simpson trial in 1995. After the trial involved spouse on spouse injury, the Courts took a firmer perspective on the concept of domestic violence.

The most minor injury may now be charged as misdemeanor or possibly even a felony to demonstrate that the Courts are taking a no nonsense approach to domestic violence charges. The relationship that defines a domestic one under the applicable penal code statutes represents relationships of trust and intimacy. It is directed towards a person that is in a vulnerable position with the person being charged.

Statistically, Courts are charging many more domestic violence charges as felonies, and where there used to be a very clear line between those charges that would be a misdemeanor and those that would be a felony, it is no longer the case.

Let's compare two different cases. Harry and Wendy get into a fight, and Harry slightly pushes Wendy. She falls backwards but has no visible bruises or marks. In another situation, Hank hits Winifred in the face and she suffers serious injuries to her head. Both are likely to be charged as felonies, however, the fight between Harry and Wendy may be reduced to a misdemeanor.

An experienced Los Angeles Domestic Violence Lawyer can prepare a powerful argument that will help reduce domestic violence charges that wouldn't normally rise to the status of a felony. The attorney will gather information regarding the couple, letters from friends, evidence from the community that helps present the person being charged in a positive light. This helps the Courtroom see the person as more than a case number.

If the case is successfully reduced to a misdemeanor, then the range of potential penalties will also be lower. This helps the person being charged avoid jail time and keep the fine as low as possible. The case between Harry and Wendy may be able to avoid jail time, however the case concerning Hank and Winifred will likely be charged as a felony due to its seriousness.

In cases which the facts amount to a felony, a knowledgeable Criminal Defense attorney is still a crucial component in the case. The attorney will be able to contest the elements of the case, but if convicted will fight hard to assure that the final sentence falls towards the lower end of the spectrum, avoiding jail time at all costs.

California Penal Code § 242 defines a Battery as a willful and unlawful use of force by one person against another. California Penal Code § 243(e)(1) adds certain situations in which the battery will be enhanced and will yield a harsher range of potential consequences.

One of the circumstances in which a battery charge would be enhanced is if it is against a person that section defines as a domestic relationship. A domestic battery includes a varying form of relationships, much more than domestic violence as it is defined under California Penal Code §273.5. The court's take domestic relationships very seriously, as it is a relationship based on trust and vulnerability. When the person being charged is accused of injuring a person in which they share a domestic relationship, the court will consider the factors very carefully and if sentenced, it will be a higher penalty than battery under CPC §242.

One relationship the Court will hold as needing special protection is between spouses. The statute also includes a former spouse. The person must be the current spouse. The domestic battery statute, also includes a cohabitant. A cohabitant can be anyone a person is residing with. This could be a family member, a roommate or a friend. If injury is caused to a person that lives with the person being charged, it is likely it will be a domestic battery charge.

Unlike CPC §273.5, the domestic battery statute also includes a fiancé, or someone with whom the person being charged has previously had a dating or engagement relationship with. This goes beyond the relationships described in the domestic violence statute. It includes any person with whom the person being charged with may have had a romantic relationship with.

Domestic battery also extends to the mother or father of the child shared with the person being charged. This is also the case under the domestic violence statute.
Any charge that comes from a domestic relationship must be carefully considered. There is room for many false accusations, especially because oftentimes many emotions are involved. False accusations are common, and therefore each element must be proven beyond a reasonable doubt before the court of law will find anyone guilty of the charge.

The consequences of a domestic battery is a fine of up to $2,000 and/or imprisonment up to one year in county jail. Whether it is a higher fine or a longer time in jail will depend on the specific facts of the case and the person's prior criminal history.
With such a high range, there is room for negotiation. A knowledgeable San Diego Domestic Violence attorney can prepare a powerful argument that assures the person faces the lowest possible sentence if the case is not reduced or dismissed.

Many of our clients ask what the difference is between general crimes and domestic violence crimes. For example, why a case will be an assault, and why it in certain situations it will be a domestic violence charge. The courts take domestic violence charges very seriously because the injury or harm is coming from a person that they believe is someone they are close to, they trust, and in certain situations are vulnerable and intimate with.

When a corporal injury is caused against a person and it is deemed as domestic violence, it will be charged under California Penal Code §273.5. Under the relevant code section, there is a list of certain relationships that will determine whether a charge will be filed under domestic violence or otherwise.

The first is that the person being charged and the person injured are married. If your husband, or your wife is the one that causes injury, then it will be domestic violence. It can also be a former spouse, someone from whom you are currently separated, or who you have been divorced from.

It could also be a cohabitant. A cohabitant will be defined as someone who the person being charged lives with. This could be a family member, roommate, or even a friend who is living with the person. Also included under domestic violence will be a former cohabitant. Someone who the person being charged has lived with.

Also included in the domestic violence category is the mother or father of the child of the person being charged.

For example, if a person is being charged for domestic violence against his ex girlfriend, she must either have a child with the person, or she must have at one point lived with the person being charged. If she was not a former spouse, or did not live with the person, or does not have a child with him, then she cannot be considered someone who qualifies for a domestic violence charge.

The statute is very specific as to what qualifies for domestic violence. The relationship the person being charged has with the person injured is crucial to a domestic violence charge. The potential range of consequences are harsher when the injury could potentially be from someone the person injured has a close, intimate relationship with. It is injury in a situation where there should be ultimate trust and protection.

An experienced Los Angeles Domestic Violence lawyer has dealt with thousands of cases concerning this very significant relationship. They can prepare powerful arguments that may reduce the domestic violence charge to that of an ordinary assault, battery or the like.

California Penal Code §368 makes it unlawful for any person to commit any type of abuse against a person that is the age of 65 or older. Additionally, it makes it illegal to commit any type of abuse against a person that is considered a dependent adult. A person between the age of 18 and 64 who has physical or mental limitations that restricts the person's normal daily activities.

A person who willfully causes or permits an elderly or dependent adult to be in circumstances or conditions that are likely to produce great bodily harm, or causes them to suffer or inflicts upon them unjustifiable physical pain or mental suffering will be charged under the relevant statute. The person must also have knowledge that the person who is harmed is an elder or dependent adult.

Additionally under the statute, any person who has the care or custody of an elderly or dependent adult and willfully causes or permits them or their health to be injured, will be charged. Furthermore, any caretaker who willfully causes or permits the elderly or dependent adult to be placed in a situation in which his or her health is endangered can be charged with elder abuse in Los Angeles as well.

Under the statute, a person who is convicted may be facing a penalty of up to one year in state prison or up to two to four years in state prison. The final sentence will depend on several factors, including the specific circumstances and facts of the charge and the person's prior criminal history. For example, a person who causes an elderly person to be bruised, and it is a first time offense, will probably face a penalty closer to the lower end of the range of potential consequences. In comparison, a person who causes an elderly or dependent person to suffer severe internal injuries and possible a hospital stay will be facing a must harsher penalty.

Under the statute, certain additional facts will serve to enhance the possible consequences. These factors are called enhancements. If the actions of the person being charged resulted in great bodily injury, or death there will be an additional charge on top of the consequences discussed previously.

For great bodily injury, a person will serve an ADDITIONAL 3 years in prison if the person is under 70 years old, and an additional 5 years in state prison if the person is over 70. For actions that lead to death, the person may serve an ADDITIONAL 5 years in state prison if the person is under 70 years old, and an additional 7 years in state prison if the person is over 70.

The courts take elder abuse quite seriously. It is important to have a knowledgeable Los Angeles Elder Abuse Lawyer who can prepare a powerful argument in your favor that keeps any potential consequences towards the lower end of the sentencing range and possibly leads to a reduction or dismissal of charges.