Los Angeles Criminal Lawyers Blog

When you have been arrested and charged with a crime in San Diego, that does not mean you are guilty of unlawful activity. It merely means that you have been suspected of violating a California law, and will be tried before a Judge in a Court of law to determine whether you are actually guilty or not.

A person will only be convicted once the government has proven to a jury beyond a reasonable doubt that the person being charged did in fact commit the crime. Once the person has been tried, and found guilty, a sentence will be imposed.

Sentencing is not a black and white standard. Not all crimes deserve the same punishment and therefore, the legislative provides a range of possible sentences. For example, let's consider an assault charge by comparing two different scenarios.

In the first scenario Dan is at a bar. A guy accidentally knocks over Dan's beer as he is leaving the bar. Dan is outraged that the man spilled his drink and immediately punches him. Dan has previously been arrested and convicted for battery. The man that Dan hits suffers a broken nose and is rushed to the doctor, he will incur medical bills and will take some time to recover.

In the second scenario, Dan is at a bar with some friends. Dan has no criminal record, nor has he ever had any tickets on his record. Dan sees a guy in the bar harassing a woman by the pool table. Dan steps in and asks the man to stop harassing the woman. The man ignores Dan and continues to harass the woman, even grabbing her arm at one point. Dan has no choice but to push the guy away, who falls backwards and falls on top of a table. Other than a few bruises, he suffers no injuries.

Both instances are situations in which Dan may be charged with assault and arrested. Potentially an assault charge may impose up to six months in county jail and a fine of up to $2,000.00 if a person is convicted. In comparing the two scenarios, it hardly seems fair that both should warrant the same consequences.

In the first situation, Dan had already been found guilty of having hit someone in the past, and Dan was unnecessarily acting with force. In addition, he ended up severely injuring someone and costing them their health , time and expenses. In contrast, the second situation Dan was being chivalrous. Whereas he still hit someone, there were minimal injuries and there was no prior record demonstrating that Dan in that situation was a good citizen and a stand up guy.

The Judge will consider all these factors and circumstances, including the criminal history and will impose a sentence accordingly. That is why the statue defining the unlawful action will be laid out in a wide range. This gives the Judge discretion in imposing a sentence that is reasonable in light of the background of the case.

A skillful San Diego Criminal Defense lawyer has years of experience in negotiation with a Judge when it comes to sentencing. The right argument and defense can make the difference between no time in jail and six months.

In many criminal cases, the person being charged has not been formally arrested and taken into custody. Oftentimes a Los Angeles police officer is not even the one that observes the law being violated; it is a private security guard or someone similar.
If there is an altercation, or an incident that involves unlawful behavior, many times a police officer is not on site. In those situations, a private security guard or officer is authorized to stop the person committing the alleged crime and question them. Based on the statements of the security guard, officers who then arrive on the scene may cite the person asking them to appear in court, and never have them formally arrested.

Let's consider an example. David is accused of shoplifting at Macy's by private security guards working at the department store. They alleged that David stole several items of clothing and detain him for questioning. The officers base their accusations on surveillance tapes and experience with behavior of someone who has taken items in the past. Los Angeles police officers arrive at the scene and listen to the statements made by Macy's private security. Based on these statements, they write up a report and cite David with a Notice to Appear. The Notice to Appear gives him the date and time to appear before a Criminal Judge in Los Angeles County. The police officers do not take David into custody, and they do not take him to the police station for formal booking procedures. This is referred to as a Cite In case, because there was no formal arrest.
However, that does not mean that David will not be fingerprinted, and booked like he would if he had been taken into custody at the time of the arrest. When David appears in Court for his arraignment, he will be fingerprinted and a picture will be taken for his record.

Another situation, in which a cite-in is common, is in assault cases that happen in a bar or a club. For example, Dan is out with his friends at a bar and gets into an altercation with Victor. Dan punches Victor and he is promptly detained by private security working at the bar. Dan is kept with the security guards until Los Angeles police officers arrive on the scene. Officers write down the statements made by the security guards and write up a police report. Additionally, they give Dan a Notice to Appear and send him home. Dan has been cited, but has not been formally arrested. He will be fingerprinted and entered into the system when he appears in court.

Whether you have been arrested the night of the incident, or will go through booking procedures when you appear before a Criminal Judge, the consequences of the charge will have the same serious consequences. An experienced Los Angeles Criminal Defense Lawyer has handled thousands of cases that involve cite-ins and will work hard to protect your rights and assure that your case sees the best possible results.

When a person has been charged with a criminal offense, their criminal background will play a big role in the overall outcome of the case.

If the person does have a criminal record, the Court will look to see if the person was on probation at the time the current crime was committed. If the person was on probation, then there will be an additional charge for a probation violation. The Court takes probation violations very seriously and it could add a significantly harsher penalty to the final sentence if the person is found guilty and is convicted of the most recent crime.

If the person is not on probation, but has a prior criminal history, it could still lead the Court to impose a harsher sentence. The potential sentence for each criminal offense is outlined as a range in the statute. Each statute will establish a minimum fine and a maximum fine along with a minimum and maximum jail sentence. Where the final sentence will fall depends on the person's past criminal history and the facts of the case.

For example, let's say that Dan is being charged with California Assault and has been arrested for assault in the past and convicted. The potential range for assault is fines up to a $1,000 in fines and zero to six months in county jail. The Court will consider Dan's prior conviction of assault and will impose a fine closer to $1,000 and possibly a jail sentence because the impression will be that Dan has not learned his lesson.

In contrast, if Dan did not have a prior criminal record, the Court would generally be a little more relaxed in imposing a fine and a jail sentence, since it is a first time offense.
When a person does not have a prior criminal record, it is beneficial for the Los Angeles Criminal Lawyer to help prepare a powerful argument in having the case reduced or dismissed. By demonstrating to the Prosecutor and the Judge that the offense was out of character and that the person being charged is generally a very positive member of society, it helps negotiations for a reduced charge.

For example, Dan is being charged with assault, but has no prior criminal record, not even a traffic ticket. He volunteers, is enrolled in college and is working part time to pay bills. An experienced Criminal Defense attorney will use positive examples from Dan's life to present him to the court as more than a case number, but as a person who is an asset to the community and who made a mistake. If the defense attorney can prepare a strong portrayal of Dan's positive characteristics, the government will be more likely to reduce the charges against Dan to possibly even an infraction or dismiss the case altogether. If the attorney is unable to reduce or dismiss the case, it is likely that the Judge will impose a lesser penalty due to the lack of prior offenses on Dan's record.

On Tuesday, February 7, 2012, the San Diego City Attorney's office declared that Los Angeles Laker player Kobe Bryant would not be charged with assault arising from an incident that occurred last August.

Alleged victim, Thomas Hagos, 20, asserted that Bryant assaulted him while both were attending church in the upscale neighborhood of Carmel Valley. California Penal Code §240 makes it unlawful for any person to make an unlawful attempt, couple with present ability, to commit violent injury to another.

Hagos claimed that Bryant had aggressively grabbed his arm accusing the 20 year old of having tried to take his picture. Hagos was taken to the hospital with a minor wrist sprain.

It is important to remember that with an assault charge, no actual harm or injury needs to occur for a person to be found guilty. However, in order for a person to be convicted, the government must prove that there is evidence that proves he is guilty beyond a reasonable doubt. This means that the prosecutor must demonstrate that the evidence presented in court leads the jury to believe that there is no other explanation, but that the defendant committed assault.

In many situations, there is not enough evidence for a conviction. It is difficult to prove an assault case, because it is hard to determine the person's intent to harm, especially when it results in no injury. In an assault case, the prosecution will interview witnesses, medical reports, and other evidence that may exist at the scene. In the case against the basketball star, the strongest evidence would be that of witnesses who saw the altercation take place.

Due to the fact that no injury is required, there is a lot of room for false allegations in a San Diego Assault case. In situations with celebrities, the government has to be very careful in what charges they bring. They must make sure that there are actual facts and evidence to support the charge, and not just an overzealous fan who wants their moment in the limelight.

In the assault case that was dismissed today, the prosecutor, Jan Goldsmith, did her job diligently. Stating that "as prosecutors we cannot ethically file a criminal case when we lack sufficient evidence to prove the case beyond a reasonable doubt".

When it seems that there is sufficient evidence to bring charges forward, it is the job of the San Diego Criminal Defense attorney to cast doubt on the evidence presented. They must weaken the supporting evidence so that the jury cannot reach the conclusion that the evidence proves the case beyond a reasonable doubt.

The argument presented can make or break the case. That is why it is important to consult with a knowledgeable professional so discuss the strength of the evidence and possible defenses. The most favorable outcome is what your attorney will fight for so that you can get your case dismissed like Kobe Bryant's.

Under California Penal Code §240, a person will be charged and possibly convicted of an assault if there is an unlawful attempt, along with a present ability, to commit a violent injury on the person of another. It is important to note that in an assault charge, unlike a batter charge, the offender does not actually have to cause injury or harm.

Despite no actual harm, the Los Angeles courts take assault cases very seriously, especially in instances where a firearm is used. Under California Penal Code §245(a)(2), it is unlawful for a person to commit assault upon the person of another using a firearm. The penalty for an assault with a firearm case is greatly more significant than an assault as it stands alone.

The potential sentencing range for an assault varies depending on the specific facts of the case and the person's prior criminal history. However, the final sentence must fall within the range set by legislation. For an assault without any kind of weapon the person could serve anywhere between zero to six months in County jail and up to $1,000.00 fine, or both. In comparison, the potential sentencing range for an assault with a firearm is six months to a year in County jail, or two to 4 years in state prison, and/or a fine of up to $10,000.

The penalty significantly increases when a person is in possession of a firearm.
The code section provides many different types of weapons used during an assault, and each carries with ti a different potential sentence. Firearms are some of the most harshly punished weapons in an assault case. If you are charged with an assault with a deadly weapon or firearm , it is very important that you consult with an experienced Los Angeles assault lawyer.

There are also available defenses for an assault case, and if you can successfully assert a defense, your case may be reduced or dismissed. In an assault with a firearm charge, one of the most common defenses is self defense. However, in order for self defense to be properly used, the amount of force used by the person being charged, must be reasonable in comparison to the person who was assaulted.

For example, Victor and David get into a fight at a bar. Victor hits David with his hand, and David takes out his gun and attempts to shoot Victor. David is charged with Assault with a Firearm, because he attempted to cause harm to Victor. Self defense cannot be used because Victor was not using a firearm to assault David, he was using his hands so the amount of force David used was unreasonable.

An assault is a serious charge, but is made even more serious when there is a weapon involved, especially a firearm. It enhances the actual assault and increases the potential range of penalties. If you have a prior charge on your record, the criminal Judge will lean towards the higher end of the sentencing range in comparison to a first time offender. Seek the help of expert Los Angeles criminal defense counsel to discuss all your options and possible defenses so that your case has the best possible chance of being dismissed or reduced

Under California Penal Code § 240 it is illegal to make an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. Assault, unlike battery, does not have to actually result in injury. It merely has to be an ATTEMPT to harm another.

For example, Dan is at a bar. He has one too many drinks and finds himself in a heated argument with Victor. He goes to punch Victor in the face, but Victor ducks and Dan ends up hitting the wall. Dan can be charged with assault, because his intention was to punch Victor, he attempted to do it, and if Victor hadn't ducked, he would have successfully injured him.

There are available defenses for a person who has been charged with assault. One of the most popular is self defense. An experienced Los Angeles Criminal Defense attorney can assess which defense would be strongest for your case. It is necessary to be sure the defense is applicable before a powerful argument is prepared.

Self defense can only be a valid defense when the person claiming the defense was using their actions to protect themselves. Additionally, the amount of force used to protect their own safety, must be equivalent to that of the force used against them.

Lets say for example, Dan is at a bar. Him and Victor get into a heated argument and Victor attempts to hit Dan, and Dan swings back at Victor. Dan is then charged with assault. In this situation, Dan has a self defense. He was being attacked so his swinging at his friend was to protect himself. He used the same amount of force that was used against him.

In comparison, lets assume the same facts as the last situation, except this time instead of swinging at Victor, Dan takes out his handgun and shoots at him. Dan will not be able to assert self defense in this case. Although he was acting to protect himself, he did not use a reasonable amount of force to do so. Victor did not use a weapon of any sort, nor was there a threat of him using a gun. Dan's actions to protect himself using a gun were unreasonable in consideration of the fact that Victor merely went to punch him. Dan will likely be charged with more than an assault.

The self defense is a difficult defense to assert, but when done successfully could result in a complete dismissal of the case. An experienced and knowledgeable Los Angeles criminal defense lawyer can prepare a powerful argument on your behalf that presents evidence that can help weak the prosecutor's case. An assault conviction can prevent a person from achieving their education and career goals. If the assault was a result of self defense be sure that the Judge if fully aware of the situation and recognizes a strong defense in your favor.

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.

Self defense is a defense that may be applicable in certain Southern California assault cases. Whether the defense will apply depends on the specific facts of the case. If a knowledgeable San Diego Criminal Defense attorney is able to argue self defense successfully, then the case may be completely dismissed.

The evaluation of whether self defense will be influential will depend on certain factors that must be met in an assault. If all the elements are not met, then self defense will not apply and the case will go.

It is the prosecutor's job to demonstrate to the Court that the person charged is guilty beyond a reasonable doubt. In an assault case, they must prove each element beyond a reasonable doubt before a person can be found guilty and charged. They will do this by presenting evidence to the Judge and in certain cases, the jury. Evidence may include an officer's report, witness testimony, photographs and any other evidence that was gathered from the scene.

When a defense is asserted by a defendant, the burden to prove the elements of the defense rests on the person being charged. If the person is represented by a San Diego Criminal defense attorney, then the attorney must present the case with the relevant evidence. Evidence that the defense presents will also be in the form of witness testimony, pictures, and evidence gathered at the scene. Oftentimes, the strongest evidence for defense will be witness testimony in an assault case.

For a person to assert self defense they must have had 1)fear of imminent danger, 2)felt that the only way to prevent the danger was to use force, and 3)they must have used a reasonable amount of force.

The self defense examples is best described through the use of two scenarios:
Scenario A: Donna and Victoria find themselves at a restaurant and get into an argument. Without warning, Donna hits Victoria and Victoria, in an effort to protect herself, kicks Donna. Donna ends up falling to the floor and hitting her head.
Scenario B: Donna and Victoria find themselves at a restaurant and get into an argument. Out of nowhere, Donna hits Victoria. Victoria falls to the floor and grabs her purse and takes out a gun and shoots Donna.

Scenario A will be a good case in which Victoria can make an argument for self defense and Scenario B will likely not stand up in court as a defense for several reasons. In Scenario A, the hit from Donna came without warning, and Victoria had imminent danger that she would suffer harm if she did not do anything about it. So in order to prevent Donna from hitting her, she had to kick her to get her away from her. She used the reasonable amount of force necessary to assure Donna would not be able to harm her or that she would not suffer immediate injury.

Scenario B, on the other hand, had the same initial facts, but Victoria had already fallen to the floor. An argument can be made anything Victoria did from there would not have prevented the harm, unless Donna had the intention or showed that she would hit Victoria again. Furthermore, Victoria did not use a reasonable amount of force to prevent the injury. She could have walked away, or possibly pushed Donna away if she felt that there was harm. The use of a gun would not be reasonable.

The facts of each case are unique and need to evaluated by a Southern California Defense Lawyer that has handled thousands of assault cases. Consulting a professional will give you a better idea of what defenses you have available to you.

Self Defense is a defense that may be applicable in certain Los Angeles criminal cases. If a successful self defense assertion can be made, then it provides a complete defense and the case may be dismissed.

In order for self defense to be an appropriate defense, several elements must be met. First and foremost, you must believe that you are in imminent danger. The standard that is used, is that of the reasonable person. The Court will look to determine if a reasonable person in your situation would feel that they were in imminent danger.
For example, let's say that Dan sends Victor an email saying " I hate you, I am going to kill you". Victor then takes his gun, goes over to Dan and shoots him. Victor does not have a self defense argument. When Dan sent the email, he was not in the same room as Victor, and Victor had no reason to believe that his life was in imminent danger. The reasonable person in Victor's situation would not have believe there was any immediate harm to his well being and therefore, the first element of self defense would not be met.
The second element of self defense is that you believe imminent force is necessary to prevent the danger. Meaning, you have to act right away otherwise you will suffer harm.

Lets say that Dan and Victor are in a bar. Dan says that he is going to go down the street to buy some cigarettes, then when he comes back he is going to kill you. You wait until Dan returns, and then you hit him with a beer bottle. In this situation, force was not the only way you could have prevented the harm. You could have left the bar while Dan was gone. Let's say Dan swings at Victor with no warning and Victor reacts by swinging back. In this second example, force is necessary to prevent the harm, because Victor did not have any time to react. The second element of self defense would be met.

The final element of self defense requires that you defend yourself with a reasonable amount of force. This means that you must take into consideration how you are being attacked, and how you respond. If it is unreasonable, then you may not have a valid self defense argument. For example, Dan attacks Victor by socking him. Victor takes out his gun and shoots him. This is unreasonable force and Victor will likely be charged with murder. If Victor had hit back, he would have had a reasonable defense given that the other elements were met.

When you are involved in a Los Angeles assault case, or something similar, be sure to know your options as far as defenses. If an experienced Los Angeles Criminal Defense attorney can assert a valid self defense on your behalf, your case may be dismissed.

A California assault charge is defined in the California Penal Code under sections 240 and 241.

Assault is defined under section 240 as an "unlawful attempt, coupled with present ability, to commit a violent injury to the person of another". Translated into simple terms, it means that if someone attempts to and has a capability of causing violent injury to a person, they may be charged with assault.

The potential penalties for an assault charge fall along a range depending on the specific facts of your case. The sentence will also depend on who was assaulted; a civilian, an officer, school personnel, as well as where the assault took place. Based on these factors the penalty may include a fine up to a thousand ($1,000) dollars and/or up to six months in county jail. The fine may be up to $2,000 when the assault is committed by or upon a peace officer, firefighter, medical technician, nurse, doctor, lifeguard, process server, animal control officer, or traffic officer in the course of his or her duties.

The broad range of sentencing allows room for negotiation. A powerful argument presented by a knowledgeable Los Angeles Criminal Defense Attorney can significantly reduce your sentence.

Many people mistakenly assume that an charges for assault and battery go hand in hand. While it is true that many offenses involving assault may also involve battery, the two are not always found together. Assault is a threat of bodily harm that results in fear of bodily harm in the victim. Battery is when actual physical contact results.

Lets say that Person A says to Person B; " I am going to find you and kill you". If this causes a reasonable fear in Person B that Person A was actually going to find them and kill them, then there is a case for assault. It is not necessary that Person A actually find Person B and kill them, just the fact that they have threatened to do so. It is also important to note that there must be a reasonable fear that the threat will actually be carried out. If your friend jokingly says to you that they are going to "kill you" and you know they are joking and have no intention in carrying out their words, there is no assault.

Now lets say that Person A actually finds Person B and attempts to kill them but only physically injures them. Person A may be charged with no only assault, but also battery. If Person A never threatened Person B, but found them and attempted to kill them resulting in physical injuries, then Person A may only be charged with battery but not assault.

The consequences for each are different but should be taken seriously just the same. An assault and/or battery charge is serious and should be avoided if at all possible. An experienced Los Angeles Criminal Defense attorney has handled thousands of these cases and knows the intricacies of each charge and what they entail. The attorneys at Hoffman and Associates strive to reduce all charges and get you the best possible outcome.