Los Angeles County Criminal Lawyer Blog

Victor Petrescu was arraigned in Los Angeles County Superior Court on charges of felony vandalism with an enhancement for damage exceeding $50,000, possessing a sledgehammer with the intent to commit vandalism, graffiti, and having a suspended driver's license.

The crime of vandalism falls under California Penal Code Section 594 which states, "Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own ...., is guilty of vandalism:"

(1) Defaces with graffiti or other inscribed material.
(2) Damages.
(3) Destroys.

The charge of vandalism is what is known as a "wobbler" because it can be charged as a misdemeanor or a felony.

If the damage that results from the act of vandalism is less than $400, the charge will be filed as a misdemeanor. A misdemeanor vandalism charge carries a jail sentence of up to one year.

If the damage that results from the act of vandalism is $400 or more, the charge will be filed as a felony. A felony vandalism charge carries a prison sentence of up to three years.

Petrescu allegedly destroyed a monument outside St. Mary's Armenian Apostolic Church in Glendale.

Since his arraignment, the Los Angeles County District Attorney's office has decided to amend the vandalism charge and Petrescu is now being charged with a hate crime.

According to police Petrescu told them he was following a Biblical injunction to destroy sacred pillars.

California's hate crime statute is laid out in Penal Code Section 422.7 which states in part, "any hate crime shall be punishable by imprisonment in the state prisonor in a county jail not to exceed one year, by a fine not to exceed ten thousand dollars ($10,000), or by both that imprisonment and fine, if the crime is committed against the person or property of another for the purpose of intimidating or interfering with that other person's free exercise or enjoyment of any right secured to him or her...
(a) The crime against the person of another either includes the
present ability to commit a violent injury or causes actual physical
injury.
(b) The crime against property causes damage in excess of nine
hundred fifty dollars ($950)."

This crime is also a wobbler as it can be charged as a misdemeanor or a felony.

California's misdemeanor civil rights hate crime statute is laid out in Penal Code Section 422.6.
California Penal Code Section 422.6(b) states in part,
"No person, whether or not acting under color of law, shall knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person. . ."

Driving with a suspended license falls under California Vehicle Code Section 14601. In California driving while one's license is suspended is a misdemeanor carrying up to 6 months in county jail. This charge is also priorable, meaning that prior convictions of the same charge can be used by the court to enhance penalties for a new conviction of the same charge.

Continue reading "Man Charged with Hate Crime for Sledgehammer Attack on Glendale Church" »

This year's Southern California comic book convention known as Comic-Con turned violent over the weekend when one attendee stabbed his friend in the face near his eye with a pen over a seating dispute. According to San Diego Police Officer, David Stafford the argument involved one man claiming the other was sitting too close to him. It is unclear at this time if the man claiming that his friend was sitting too close to him stabbed his friend or if the man being accused of sitting too close was the assailant. The victim was transported to a local hospital with a cut near his eye. The suspect was arrested and booked for assault with a deadly weapon.

The charge of Assault with a Deadly Weapon also referred to as ADW falls under California Penal Code Section 245(a)(1). California Penal Code Section 245(a)(1) defines assault with a deadly weapon 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.

This charge is what is known under California criminal law as a "wobbler." A "wobbler" is a crime that can be charged as a misdemeanor or a felony. If one is charged with ADW as a misdemeanor, they can be sentenced to county jail for up to one year. Charged as a felony, Assault with a Deadly Weapon carries up to four years in state prison. Moreover, as a felony, ADW falls under California's Three Strikes law. Under the Three Strikes Law, if you have a Strike charge on your record, any new felony conviction will result in twice the prison time normally imposed. If you have two strikes on your record, any new felony conviction will be considered a "Third Strike" and a mandatory sentence of 25 years to life in state prison will be imposed.

Continue reading "Comic-Con Attendee Stabs Friend in the Face Over Seating" »

Five people have been indicted by a Los Angeles grand jury this week on conspiracy, burglary and receiving stolen property charges for allegedly breaking into and burglarizing celebrities' homes.

The members of the alleged theft crew include 19 year old Nicholas Prugo, 20 year old Diane Tamayo, 28 year old Roy Lopez, Jr., 19 year old Rachel Lee and 19 year old Courtney Leigh Ames all from the Los Angles area.

It has been reported that the five defendants stole in excess of $3 million worth of jewelry, clothes and other items from the residents of such well known celebrities as Lindsay Lohan, Brian Austin-Green, Paris Hilton and Orlando Bloom.

The indictment, which was handed down last Friday in Los Angeles County Superior Court charged all five defendants with conspiracy to commit burglary. Additionally, Prugo is charged with seven counts of first degree residential burglary and Lee is charged with two counts of first degree residential burglary and receiving stolen property.

The indictment also charges Ames with one count of first degree residential burglary and two counts of receiving stolen property and Tamayo and Lopez with one count each of first degree burglary and receiving stolen property. All five are to return to court on August 12.

The charge of First Degree Residential Burglary which falls under California Penal Code Section 459 is what is known as a "serious strike felony." In other words this charge falls under the California Three Strikes Law under which a person who is convicted of three strike crimes in California can be sentenced to state prison for a term of 25 years to life. Generally, first degree residential burglary carries a maximum prison sentence of six years.

The charge of Receiving Stolen Property falls under California Penal Code Section 496a(a). Receiving Stolen Property is what is known as a wobbler meaning that it can be charged as a misdemeanor or a felony. One who is charged with misdemeanor receiving stolen property faces up to one year in county jail. One who is charged with felony receiving stolen property faces up to three years in state prison.

Cited Sources:
Lindsay Lohan at Calvin Klein Spring 2007 Fashion Show Afterparty, wikimedia.org

Continue reading "Five Indicted by Los Angeles Grand Jury for Burglarizing Celebrities' Homes " »

Controversial actor and director, Mel Gibson is at the center of a new scandal involving his ex-girlfriend and mother of his child, Oksana Grigorieva. According to reports, Grigorieva obtained a domestic violence restraining order against the Malibu based mega-star in late June.

The restraining order was was issued by a Los Angeles County Superior Court judge at an emergency hearing after being to told by Grigorieva's attorneys that Gibson had been "extremely violent" towards her.

The restraining order originally mandated that Gibson have no contact with his ex-girlfriend who now resides in Sherman Oaks. The order has since been modified to allow Gibson to visit his daughter.

According to the website TMZ in the article, Oksana Alleges Violence Against Mel Gibson, an associate of Gibson has stated that the allegations of abuse, which reportedly occurred in January were not true.

Not surprisingly, it has been reported that Mr. Gibson has since obtained a restraining order against Ms. Grigorieva.

Though there is no indication that Gibson is facing criminal charges at this time, often times, when one is being charged with the crime of Domestic Violence for violating California Penal Code Section 243(e)(1), a restraining order will have been obtained by the alleged victim prior to criminal proceedings at a civil hearing before a family court judge. The order must be served on the accused abuser and can be challenged within a proscribed statutory period.

After criminal charges are filed in a Domestic Violence case in California, a judge will issue a new restraining order for the accused to stay away from and not annoy, threaten or harass the alleged victim at the first appearance in criminal court known as the arraignment. The alleged victim does have the option of asking the judge not to issue a restraining. In such a case, the alleged victim must make this request in person.

Generally, when one is convicted of committing Domestic Violence, which is "any willful infliction of force or violence upon your intimate partner," the court in Los Angeles or any other jurisdiction in California can impose prison or jail time and will often order the defendant to take part in a one year domestic violence prevention course.

Continue reading "Mel Gibson Reportedly Accused of Threatening and Abusing Ex-Girlfriend in Los Angeles" »

The Ninth Circuit Court of Appeals which has jurisdiction over much of the West Coast of the United States including Los Angeles County has ruled that strip-searches of incoming jail inmates are constitutional and necessary to prevent the smuggling of drugs and other forbidden items into lockup facilities.

This decision comes on the heels of a 2008 Ninth Circuit decision that such searches are so intrusive and dehumanizing that they violate a person's Fourth Amendment right against unreasonable search and seizure unless there is good cause to believe that someone is in possession of contraband.

The ruling is the result of a class-action lawsuit brought by nine antiwar protester against San Francisco arising out of their arrests at a 2002 demonstration.

Judge Sandra S. Ikuta attempted to justified the ruling by stating that the strip-search policy was "reasonable under the Fourth Amendment" as such searches resulted in hundreds of instances where money, drugs, and weapons were seized and that such items can jeopardize the safety of jail staff as well as other inmates.

Judge Sidney R. Thomas was joined by three other judges on the panel in his dissenting opinion. In his opinion Thomas stated that one of the plaintiffs had been arrested at a peaceful protest, slammed to a concrete floor during booking, stripped and subjected to a body-cavity search, then left naked in a cell for eleven hours. She was subsequently strip-searched a second time and then released without charges.

Thomas had ruled in 2008 that without probable cause such searches cannot be upheld as "the intrusiveness of body-cavity searches cannot be overstated."

While one's Fourth Amendment right against unreasonable search and seizure may be somewhat diminished in a lockup facility, in an automobile, or even in a school setting, under most circumstances, one cannot be detained or searched without ...

Continue reading "Strip-Searches of Incoming Jail Inmates Ruled Constitutional by Ninth Circuit" »

Prosecutors dismissed pending DUI charges against Hills star Stephanie Pratt in Los Angeles Superior Court in exchange for a no contest plea to a reduced misdemeanor charge of Exhibition of Speed.

As part of the plea negotiation, Ms. Pratt will be required to attend Alcoholics Anonymous meetings for eight weeks, complete a twelve week alcohol education class and she will be placed on unsupervised misdemeanor probation for three years.

Often times when one is faced with California Vehicle Code Section 23152, for DUI or drunk driving in California, there is the potential for an experienced DUI attorney to reach a plea bargain solution with the prosecutor for a plea to a reduced charge in exchange for a dismissal of the original charge of DUI. This may be an option when the client's blood alcohol content as measured by a breath or blood chemical test administered by the arresting officer is relatively low or there is some other weakness in the prosecutor's case.

Some examples of reduced charges that may be an option in California DUI cases in descending order of severity are, Wet Reckless, Dry Reckless, and as in Ms. Hill's case, Exhibition of Speed.

As for the reduced charge of California Vehicle Code Section 23103.5, Wet Reckless, some of the benefits as compared to a standard DUI conviction are, less expensive fines, less severe impact on car insurance premiums, and little to no alcohol education classes. Also, a plea to a charge of Wet Reckless will not be considered a second time DUI for the purposes of enhanced penalties where the driver has suffered a prior DUI conviction within the past ten years. However, a DUI conviction within ten years of a Wet Reckless conviction will be considered a second DUI and the client will suffer enhanced penalties. Moreover plea to a Wet Reckless charge will not result in the suspension of one's drivers license. However, the DMV can still suspend one's license pursuant to a separate DMV hearing also known as an Administrative Per Se or APS hearing.

An even more desirable option is that of Vehicle Code Section 23103, known in the context of DUI plea bargaining as a Dry Reckless. A Dry Reckless plea avoids court ordered ...

Continue reading "Hills Star, Stephanie Pratt Pleads to Reduced Charge in DUI Case After Successful Plea Negotiation" »

After pleading to one felony count of grand theft and one felony count of possession of methamphetamine, former three year veteran of the Glendora Police Department, Timothy Radogna, 34 received a 180 day jail sentence handed down by Los Angeles County Superior Court Judge Craig Richman. He also received three years of felony probation, and was ordered to take part in a 24 month drug rehab program and pay $500 in restitution to the Glendora Police Department, according to the Los Angeles County District Attorney's office.

Under California Health and Safety Code Section 11377, Possession of Methamphetamine, the law provides for up to three years in state prison. This charge is what is known as a wobbler, meaning that it can be charged as felony or a misdemeanor. As a misdemeanor charge, it carries up to one year in county jail. In some instances, a defendant in California may be eligible for alternative sentencing when faced with this charge. Such sentencing known as either the Proposition 36 program or the PC-1000 program requires the defendant to undergo drug treatment and drug education for a proscribed period of time. If the defendant successfully completes the program, the drug charge is ultimately dismissed. In this case, Radogna would not be eligible for most forms of alternative sentencing because he is charged with the non-drug related charge of Grand Theft along with Possession of Methamphetamine.

Under California Penal Code Section 487, Grand Theft, the law provides for up to three years in state prison. This charge is a felony. Grand Theft is theft of property or services, the value of which exceeds $400.

Continue reading "Plea Entered by Former Glendora Police Officer in Methamphetamine Possession, Grand Theft Case" »

Last April O'Neal plead to two drug related cases, one involving felony possession of heroin and methamphetamine and the other involving felony possession of methamphetamine in exchange for an opportunity to take part in one of California's drug diversion programs. Had O'Neal finished the drug diversion program without any violations, the pending drug possession charges against him would have been dismissed.

When it comes to alternative sentencing for defendants convicted of drug possession California has been very progressive over the last ten years or so. In California, alternative sentencing for drug offenders also known as drug diversion falls under two main programs. One known as PC-1000 or Deferred Entry of Judgment (DEJ) and the other known as Prop. 36.

Continue reading "Redmond O'Neal Remanded to Jail by Los Angeles County Judge for Violating Drug Court Probation" »

Los Angeles County saw more than 1,400 DUI arrests between December 18th and 26th as the result of a statewide law enforcement crackdown across forty counties according to the California Avoid program. This statistic mirrors the number of drunk driving arrests made in Los Angeles County over last year's holiday season.

The California Highway Patrol reported that its' officers arrested over two hundred suspected drunk drivers in Los Angeles County alone so far this holiday season.

Continue reading "Los Angeles County DUI Arrests Skyrocket Over Holiday Weekend" »