Los Angeles County Criminal Lawyer Blog

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.

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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

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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.

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