Los Angeles County Criminal Lawyer Blog

Los Angeles County Sheriffs arrested a 19-year-old Santa Clarita Valley man on charges of sexually assaulting 14 girls between the ages of 12 and 16 years old. Law enforcement is currently investigating the case and believes there may be other victims, according to The Los Angeles Times.

Currently, the man faces 29 counts of sexual assault as is and is being held on $1.8 million bail while awaiting a court appearance on January 11 for continued arraignment. Investigation of the man began when a female minor reported being sexually assaulted by the man earlier in December, and as the Sheriff's Department's Special Victims Bureau looked into the matter, officials found an additional 13 female victims. Allegedly, the man would meet his victims at various social events, public places, and through Facebook, claiming to be 16-years-old and knowing other teenagers by being friends with them on Facebook.

Sexual assault crimes in California can cover a wide variety of criminal acts which are punishable under California law. According to California Penal Code Section 234.4 (a), "Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery."

Continue reading "19-Year-Old Santa Clarita Man Arrested for Sexual Assault of 14 Girls" »

In conjunction with the U.S. Department of Transportation's (DOT) announcement of a crackdown on drunk driving across the nation for December, the National Highway Traffic Safety Administration (NHTSA) has released records showing California's record-low drunk driving fatality statistics for 2010. According to the NHTSA, California reached a new low in DUI crash deaths over the course of the year and had the largest reduction in DUI fatalities in the entire country.

In 2010, California had 791 alcohol-related traffic fatalities, constituting 29% of its total traffic deaths for the year. This is a decrease of 133 fatalities compared to 2009's 924 traffic deaths, a 14% drop. Statistics show that drunk driving fatalities increased in California every year from 1998 to 2005, but have decreased annually since then, according to The Los Angeles Times. The drop from 2009 to 2010 was the largest single drop in DUI deaths in 14 years.

However, California came in second in the nation for total 2010 DUI deaths, with Texas coming in first with 1,259 alcohol impairment-related fatalities. In total, the U.S. saw 10,228 fatalities occur as a result of drunk driving in 2010.

Drunk driving in California is punishable under California Vehicle Code Section 23152 (a), which states, "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle" and California Penal Code Section 23152(b), which states, "It's unlawful for any person to who has .08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle." When drunk driving causes a death, it can be charged as vehicular manslaughter or gross vehicular manslaughter under California Penal Code Section 191.5 due to criminally negligent activity. If charged with vehicular manslaughter the driver can face 4 years, 6 years, or 10 years in prison if convicted. If charged with vehicular manslaughter with gross negligence the driver can face 15 years to life in prison if convicted.

The Valencia drunk driving defense attorneys at the Law Offices of Daniel E. Kann are dedicated to protecting the rights of those facing harsh punishments for crimes in California. If you or a loved one is facing DUI charges in Southern California, call our offices at (661) 450-9678 for a consultation on your case.

Sources:http://www.latimes.com/news/local/la-me-dui-deaths-20111214,0,7321517.story; http://www-nrd.nhtsa.dot.gov/Pubs/811554.pdf

A Los Angeles-based self-described entrepreneur was arrested on December 20 for allegedly taking $7 million from Nicole Murphy, the ex-wife of actor Eddie Murphy. The 45-year-old man now faces 14 charges including fraud, obstructing justice, and money laundering, according to The Huffington Post.

The charges state that the entrepreneur persuaded Murphy to invest proceeds from her divorce settlement into overseas investments by first putting her assets into a trust to be used by the man. Murphy claims that after she put $11 million into the trust, the entrepreneur never invested the money; instead, he and several other defendants in the case spent the money on themselves. The allegations also claim that the man convinced Murphy to refinance some of her homes and make her home in Sacramento more glamorous to sell to Middle Eastern royal families. Instead, the entrepreneur lived in the Sacramento home and took the money from the refinancing.

The crime of fraud is punished in California under Penal Code Section 484 and its subdivisions. According to Section 484 (a), anyone "who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or ... obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft."

Crimes of theft are punished according to the various laws they violate and the amount taken. In this case, the man faces wire and mail fraud charges, which could be punished by a maximum 20 years imprisonment each, as well as laundering and obstruction charges that can result in 10 years each.

The fraud defense attorneys in Los Angeles at the Law Offices of Daniel Kann have years of experience defending clients against fraud and theft charges in California. Our law team is devoted to protecting the rights of their clients and will work to get your charges reduced or even dismissed. Call us today at (310) 954-9356 for a free and confidential consultation on your case.

Sources: http://www.huffingtonpost.com/2011/12/21/eddie-murphys-ex-wife-investment-fraud-victim_n_1162589.html; http://codes.lp.findlaw.com/cacode/PEN/3/1/13/5/s484; http://criminal-law.freeadvice.com/criminal-law/criminal-law/mail-fraud.htm

Two drive-by shootings on the night of December 18 and early December 19 resulted in the deaths of two people and a total of eight injured victims. Law enforcement is currently investigating the incidents which targeted two separate parties in South Los Angeles, according to The Los Angeles Times. Police believe both are gang-related crimes and may possibly be linked to one another.

The first incident occurred around 7:20 pm on East 81st Street and resulted in five people being hit by gunfire, with one 23-year-old man dying as a result. The second incident occurred at about 2:25 am on West 84th Street and left four partygoers injured and one man dead. The drive-by shootings are currently under investigation by Los Angeles County Sheriff's Department homicide bureau officials who are accepting anonymous information on the identities of the shooters.

Drive-by shootings are prosecuted as murder under California Penal Code Sections 187 and 189. Section 187 defines murder as "the unlawful killing of a human being, or a fetus, with malice aforethought." Under Section 189, "any murder which is perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict death, is murder of the first degree."

Those convicted of first degree murder face penalties that are harsher than almost any other single crime that can be committed in the United States. First degree murder can be punished by death, life imprisonment, or a prison sentence of 25 years to life in state prison.

Murder charges can result in devastating penalties for those found guilty. If you or a loved one are facing such charges in California, the skilled Los Angeles murder defense lawyers at The Law Offices of Daniel Kann can help. Our law team is devoted to protecting the rights of those facing criminal charges in California and can help reduce or even dismiss your charges. Call us today at (310) 954-9356 for a consultation on your case.

Sources: http://latimesblogs.latimes.com/lanow/2011/12/man-killed-drive-by-shooting-southeast-la.html; http://law.onecle.com/california/penal/187.html; http://law.onecle.com/california/penal/189.html; http://law.onecle.com/california/penal/190.html

While television legal shows often depict a criminal trial as having one critical moment where jurors gasp in horror and the whole case falls apart for one side, the "smoking gun" rarely exists.

Therefore, it's necessary for a Ventura criminal defense attorney to be prepared for anything that can come his or her way, including anticipating what tactics the prosecution may attempt to use in trying to secure a conviction against the client.

This is even more critical when you're talking about murder in Ventura. These charges can take away a person's freedom for life. In extreme cases, it means a person can face the death penalty if he or she is convicted. Therefore, it is critical that all aspects of the case be properly investigated and all evidence be scrutinized.

A recent court case out of Georgia -- State v. Kelly -- shows that every aspect of a case must take priority. Not only must the evidence be looked at carefully to determine if it shows doubt the defendant is guilty, but witness credibility may also be an issue.

Beyond that, picking a jury is often one of the most important aspects of a case because if biased people are allowed on the jury, that runs in the face of the defendant having a fair trial. The persuasiveness of a Type A personality on a jury can lead to a conviction even if there isn't evidence proving guilt.

And what instructions a jury hears before they deliberate are decided on by the lawyers, in large part. But the judge may say something to jurors that is inappropriate and could hurt the defendant's chances of a fair trial. An experienced Ventura criminal defense lawyer will be prepared for such things and be able to act quickly.

In the Kelly case, the defendant was convicted of felony murder and four other charges in connection with a 2003 killing. He was sentenced to life plus terms of 15 and five years, according to court documents.

During a motion for a new trial, a judge found that the court didn't adequately instruct the jury about the dangerousness of the charge that could be used to support the felony murder conviction. In California, a person can be charged with felony murder if prosecutors believe he or she killed someone while committing another felony, such as a robbery, sex crime or battery. In this case, the felony charge used to support the felony murder charge was theft by receiving stolen property.

While a judge granted the defendant's motion for a new trial, the Georgia Supreme Court recently reversed that decision. Justices found that while the judge did properly conduct a review of the jury instruction that wasn't objected to by either side, the judge shouldn't have granted a new trial. The state's high court ruled that while error, it wasn't enough to give a new trial.

Continue reading "State v. Kelly is Reminder That Trial Preparation By Ventura Defense Lawyer is Key" »

As our Los Angeles DUI defense lawyers warned readers in November about the likelihood of stepped-up patrols during Thanksgiving, we are now warning you about the time before the Christmas holiday through New Year's.

Our lawyers wish you and your family a safe and healthy holiday season, but we warn that officers will be out in full force attempting to make as many DUI arrests in Los Angeles as possible. While the best option would be to not drink and drive, if you are arrested, it doesn't necessarily mean you will be convicted if errors were made.

In many cases of DUI in Los Angeles, improperly working breathalyzers can lead to dropped charges. Earlier this year, thousands of California DUI charges were dropped because breath test machines used around the San Jose area were faulty.

While there's no guarantee that a breath test has malfunctioned in a particular person's case, it is certainly an area of the state's case that must be considered. Whether poorly manufactured by the company or poorly maintained, these machines play a major role in DUI enforcement. In order for a person to be convicted, jurors like to see test results.

Most would prefer to know that if a driver's blood alcohol level was 0.08 or higher, the police will produce a test to show that. But if the testing is flawed, that creates debate, or doubt, whether the prosecution has enough evidence to convict. Simply saying a person was drunk based on actions doesn't necessarily prove he or she was drunk.

As we recently reported on our Los Angeles County Criminal Lawyer Blog, news outlets reported after the Thanksgiving holiday that DUI arrests in Los Angeles County were up, while statewide numbers were down from a year ago. Could that be because officers specifically targeted the Los Angeles area? If so, can it happen again this month?

Law enforcement likely will be attempting to match last year's numbers, as reported by the California Office of Traffic Safety.

In 2010, officers made 1,923 DUI arrests between Dec. 17 and Dec. 31. That was down slightly from 2009, when officers made 2,622 DUI arrests -- but the time period was Dec. 18 to Jan. 3, an additional two days. Still, there were more arrests per day in 2009 than 2010. The numbers were on the decline further from 2008, when officers made 2,713 DUI arrests.

While there's no quantifiable proof, it appears that drinking and driving is on the decline, which supports studies that have shown the act is down from decades ago, when it peaked.

Law enforcement will be stretched this holiday season, as the AAA Automobile Club of Southern California estimates that 7.13 million local residents will be traveling and 90 percent via their vehicles. Statewide, 11.4 million Californians are expected to travel 50 miles or more from their homes. The top destinations are expected to be Las Vegas, San Diego, San Francisco, the Grand Canyon and Disneyland.

Continue reading "Drive Safe This Winter Holiday Season as Los Angeles Police Will Seek DUI Arrests" »

A shooting rampage in the streets of Hollywood has resulted in the death of 40-year-old music executive John Atterberry, who died on December 12 from his injuries after being shot three times. The incident occurred when a 26-year-old man walked down Sunset Boulevard and began firing indiscriminately at passing vehicles and pedestrians with a .40-caliber handgun, according to The Los Angeles Times.

The gunman was reportedly distraught after breaking up with his longtime girlfriend and was fatally shot by police after wounding several and refusing to drop his weapon. Atterberry was reportedly out running errands when he was shot three times in the face and neck by the gunman. He passed away three days later at Cedars-Sinai Medical Center in Los Angeles.

Atterberry had worked with musical acts including Jessica Simpson and the Spice Girls, worked as vice-president of Death Row Records, and founded Infusion Music Group. He was the only seriously wounded victim of the shooting.

California homicide crime is understood to be the killing of a person by another, which can be punished under several different forms as either first degree murder, second degree murder, voluntary homicide, and involuntary homicide. California Penal Code 187 defines murder as "the unlawful killing of a human being, or a fetus, with malice aforethought." While first degree murder is the most serious of these criminal charges and can result in lifelong imprisonment or the death penalty, involuntary homicide can result in several years of imprisonment or parole. The factors of the crime and the mental state and intentions of the defendant define what the crime can be charged as.

If you are facing homicide charges, the skilled Los Angeles homicide defense attorneys at the Law Offices of Daniel Kann can use their years of experience to represent you in court against the penalties you face. Contact the Law Offices of Daniel Kann today at (310) 954-9356 for a free consultation.

Source: http://latimesblogs.latimes.com/lanow/2011/12/a-music-executive-wounded-by-a-gunman-who-opened-fire-on-motorists-in-hollywood-has-died-of-his-gun-shot-wounds-los-angele.html

A 58-year-old man was arrested in his Ontario, California home on December 2nd after police discovered his collection of over 500,000 images and 7,500 videos of child pornography, according to Reuters. The collection is possibly the largest ever seized in U.S. history, and has so far led to the arrests of nine other men across Southern California that the suspect led them to after his arrest.

Police had originally raided the man's home in July on a search warrant and seized multiple computers and hard drives containing the vast collection of child pornography, but did not arrest the suspect until recently with the cooperation of the U.S. Immigration and Customs Enforcement (ICE) agency. The man now faces federal charges of possessing, receiving, and distributing child pornography, and could face a maximum sentence of 50 years imprisonment. The other men arrested in the crackdown face similar charges.

Any form of involvement with child pornography is illegal at the state court level in California and the federal court level in the United States as a whole. Under California Penal Code Section 311, child pornography is defined as "obscene matter" and a person is guilty under Section 311.3 (a), "if he or she knowingly develops, duplicates, prints, or exchanges any representation of information, data, or image ... that depicts a person under the age of 18 years engaged in an act of sexual conduct." Possessing child pornography can be punished by up to 10 years in federal prison under 18 U.S.C 2252A(a)(5)(B), and both receiving and distributing child pornography can each be punished by five to 20 years of imprisonment under 18 U.S.C. 2252A(a)(2)(A). Producing child pornography can be punished federally by imprisonment of up to 30 years under 18 U.S.C. 2251(a).

Child pornography charges carry both severe penalties and social repercussions that can damage both personal relationships and employment and ruin your life as you would be required to register as a sex offender for the rest of your life. The California criminal defense lawyers at The Law Offices of Daniel Kann can fight for your rights in court if you are facing such charges. Contact our law team for a complimentary consultation on your case by calling (310) 954-9356.

A recent report found that the number of DUI arrests over the Thanksgiving holiday were up in the Los Angeles area, NBC LA has reported.

That comes as no surprise as our Century City DUI defense lawyers predicted before the holiday that the number of law enforcement officers on the roads would increase during that time period. In fact, we reported on the Los Angeles County Criminal Lawyer Blog that it was likely law enforcement would step up their patrols.

Being charged with DUI in Century City may seem commonplace to most people because it is the most commonly charged crime in the country. But it can be a life-changing experience for those who are arrested.

Unlike crimes such as burglary, larceny or drug crimes, DUI isn't a charge that people intend to commit. A person may have a few drinks at a family gathering over an afternoon, feel fine, get pulled over and have their life flipped upside down. Even not feeling intoxicated can lead to a DUI arrest if an officer believes you are driving while under the influence of alcohol or drugs.

Officers also frequently set up DUI checkpoints where they attempt to ensnare as many people as possible without having probable cause. While borderline unconstitutional, the U.S. Supreme Court has said police can do it because of the greater good.

But as a Beverly Hills police officer told city council recently, officers conduct these operations not for the arrests, but for the public relations campaign. They want to keep DUI in drivers' minds, which is why they dedicate thousands of dollars of state grant money, officer hours and other resources into doing them, even though they may only end up with a handful of arrests for DUI in Southern California and elswhere.

According to the NBC article, DUI arrests during the Thanksgiving holiday were up 10 percent in Los Angeles County compared to last year. However, statewide numbers were down 7 percent from 2010.

Between November 24 and November 26, 72 fewer people were arrested throughout California compared to the same time period last year. And there were no reports of fewer officers being involved in the effort. State and local law enforcement agencies were out on patrol.

These are arrests, not convictions. And while police like to boast about the number of people arrested, this doesn't mean every driver charged is guilty. In fact, it's possible that a majority of these people won't be convicted of DUI.

Through dropped charges, plea deals and not-guilty verdicts at trial, many of these drivers could end up keeping a DUI charge off their criminal history records. An aggressive approach to DUI defense is the only way to go. The penalties -- possible jail time, probation, fines and fees, alcohol education classes and other sanctions -- are too high to ignore.

And that doesn't include the possible loss of job, damage to reputation in the community and other non court-related sanctions that can affect a person's life. Lawmakers have made the penalties stiff in order to show their constituents they are tough on crime. But these tough penalties can also hurt the very constituents they are trying to impress.

The average person didn't intend to commit a DUI and may have felt fine to drive. But they can be tossed into a whirlwind after being introduced to the criminal justice system. If this is your situation, call today.

Continue reading "Thanksgiving DUI In Los Angeles Up, Reports Say" »

California law, all theft crimes, including embezzlement, larceny, and stealing, fall under the broader category of theft, which is split into two categories: petty theft and grand theft. Depending on the monetary value of the crime and the circumstances surrounding it, these crimes can be subject to different punishments.

The division between grand and petty theft is due to the monetary value of what has been willfully and illegally taken. According to California Penal Code Section 487 (a), grand theft occurs "when the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars." Grand theft has several other applications and can include instances when someone steals or otherwise illegally takes farm or aquacultural products, crops, and animals that are valued over $250, according to Penal Code 487 (1) (a) and 487 (2).

Grand theft of real estate is also subject to a lower division line, as "Every person who converts real estate of the value of two hundred fifty dollars ($250) or more into personal property by severance from the realty of another" and illegally takes that property has committed grand theft under California Penal Code Section 487b.

When a theft does not meet the criteria of grand theft, it is deemed as petty theft. In California, petty theft is punishable under Penal Code Section 490 by a $1,000 fine, six months in county jail, or both. Most instances of petty theft come about in the form of shoplifting. Grand theft, however, is punished by a maximum of one year in county jail or state prison for 16 months, 2 years or 3 years. When grand theft involves theft of a firearm, the subject can be can also be punished by 16 months, 2 years, or 3 years of imprisonment and the charge would fall under California's Three Strikes Law. Under this law, if a person is convicted of three strike crimes in the state of California, they can receive a sentence of 25 years to life in prison.

Both petty and grand theft charges can result in serious punishments and lasting consequences. The Pasadena theft defense attorneys at The Law Offices of Daniel Kann can help if you or a loved one is facing theft charges in Southern California. Call us today for a complimentary consultation on your case at (626) 376-9218.

Los Angeles police have arrested three suspects in the case of Craigslist scammers who fraudulently took renters' money by taking deposits from them for apartments that they did not have the power to rent or lease. 20 victims have stepped forward to report their losses caused by the fraud, and detectives believe that there may be at least a dozen more victims who have not identified themselves, according to KTLA.

The two men were arrested when Los Angeles Police Department SWAT stormed a Silver Lake apartment that is believed to have been the base of their operations and arrested another in a different part of town. In order to fraudulently gain victims' money, the men would advertise on the classified website Craigslist for apartments in the Baldwin Village and Hollywood areas that they were looking to rent out.

Prospective renters would arrive at the apartment and be able to tour the apartment; the next day, the victim would meet with one of the men and give them the deposit for the apartment and receive a key. When the renters came to the apartment to move in they would find that the key did not work and they could not contact the men.

Fraud is defined in California Penal Code Section 484 (a) as anyone "who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another".

Those guilty of misdemeanor theft or fraud can be punished under California Penal Code 484b, and it "shall be punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year."

Being charged with theft, fraud, or any other forms of stealing can carry serious penalties in California that permanently alter the course of one's life. If you or a loved one has been charged with one of these crimes, the Los Angeles fraud defense attorneys at the Law Offices of Daniel Kann can defend your rights in court. Contact us at (310) 954-9356 to find out how we can help you today.

Sources:http://www.ktla.com/news/landing/ktla-craigslist-rental-scam,0,2351677.story; http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=484-502.9; http://law.onecle.com/california/penal/489.html

Pasadena criminal defense lawyers recently heard about a case out of Maryland that shows how critical it is for an experienced lawyer to be working on cases involving a charge of homicide.

Pasadena murder charges are the most serious in our criminal justice system. Murder charges in California can lead to life in prison or even the death penalty. On the other side, a person's life has been lost and the state will be leading an aggressive approach to seek out tough penalties.

And sometimes they're too aggressive. Other times, judges make mistakes that lead to problems with the case. The latter appears to be the case in State v. Allen, a murder case out of Maryland.

According to court documents, the defendant, Jeffrey Allen, had not one, not two, but possibly a third trial in connection with a murder charge from nearly a decade ago. In this case, Allen was at his friend John Butler's house. He asked for a ride home, but Butler refused. Allen got Butler's car keys and said he would drive himself home, which led to a fight.

In the fight, Allen stabbed Butler several times and drove off in the car. After crashing it, he was arrested by police and indicted on charges of first-degree premeditated murder, first-degree felony murder, second-degree murder with a deadly weapon and other less-serious charges.

At trial, he was found guilty of first-degree felony murder, second-degree murder, armed robbery and less-serious charges. But on appeal, his lawyers argued that by the judge telling jurors that they could find him guilty of felony murder whether he formed the intent to rob before or after the murder, it violated Allen's rights. The appeals court said that an "afterthought" of robbery wasn't strong enough to reach the standard of felony murder.

He was granted a new trial and during that trial, there was another error by a judge. Having already been convicted of second-degree murder and armed robbery and on trial for only the felony murder charge, the judge told jurors about the previous robbery conviction, which essentially set the table for the state to prove felony murder. The judge not only told prospective jurors during jury selection, but then again during jury instructions.

In this situation, a state prosecutor, as well as the defense attorney, objected to the judge telling jurors about the previous convictions. They reasoned that the jury would wonder why it was judging a crime that seemingly had already been decided.

An appeals court again granted a new trial for felony murder, though it's unclear whether that has been scheduled or if the state will pursue the case again. At any rate, it's apparent that mistakes do happen and a skilled attorney will be able to help avoid in-trial mistakes by catching problems before they hit the jury's eyes or ears.

Continue reading "State v. Allen Shows That Sound Pasadena Murder Defense Lawyer is Key" »