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January 11, 2012

Three Teenagers Arrested for Theft and Assault at Santa Clarita Liquor Store

Los Angeles Sheriff's Department officers operating in the Santa Clarita Valley arrested three teenagers in Santa Clarita after they stole beer from a liquor store, then returned to assault the store clerk on January 8.

Santa Clarita Juvenile TheftThe male trio, a 19-year-old, 18-year-old, and a juvenile, had allegedly stolen beer from the store earlier in the night, but returned an hour later in an attempt to take the surveillance video of the robbery, according to The Los Angeles Times.

When the suspects returned, they threatened the clerk who was working at the time and demanded the video footage of the Santa Clarita theft crime.

During a scuffle with the employee, one of the suspects cut the man on the arm with a knife.

The three fled once again, but were soon arrested when Sheriff's deputies set up a containment area to catch the suspects. The three have been booked on charges of theft, witness intimidation, and assault with a deadly weapon.

Assault with a deadly weapon is a very serious offense in California, and can result in severe penalties. Under California Penal Code Section 245 (a), those found guilty of the crime, "shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment."

If you are facing assault charges in Southern California, it is in your best interest to contact a qualified attorney immediately. The Santa Clarita assault defense attorneys at the Law Offices of Daniel Kann are dedicated to protecting those charged with criminal acts in Southern California. For more information on how our law team can help you today, call us at (888) 744-7730.

October 6, 2011

Allegations of Deputy Brutality in Los Angeles County Jails Arise in Inmate Jail Assault Mistrial

Jurors recently were unable to reach a verdict in an inmate jail assault case, raising questions about other allegations that have surfaced about deputy brutality in Los Angeles County jails. An LA Times article stated that the inmate was charged with attacking sheriff's deputies and that an American Civil Liberties Union (ACLU) jail monitor witnessed the incident.

The jurors deadlocked; however, the majority voted to free the inmate from three counts of battery and resisting arrest. Despite the hung jury, the FBI investigation into the incident is still underway and is scheduled to be presented to the Justice Department's Civil Rights Division. This mistrial comes at a difficult time for the Sheriff's Department since it is currently facing FBI careful inspection for alleged inmate abuse and other forms of misconduct inside of jails. Meanwhile, a group of civil rights lawyers and others have signed an ACLU letter to petition federal authorities to initiate an extensive "pattern and practice" jail investigation.

According to the article, even though allegations of deputy brutality in county jails are frequently made, they are often challenging to verify and prove. In general, the only witnesses of alleged assaults in jail other than deputies are inmates, and under most circumstances, the stigma against inmates makes their accounts seemingly less credible. This recent case is considered rare since there was a third party witness.

There is no clear-cut way to settle a criminal case; each one is different and has specific circumstances that may influence the severity of charges a person faces. Los Angeles defense attorney Daniel Kann has years of experience building effective cases on behalf of his clients to get criminal charges reduced or eliminated. For a free consultation, call 310-593-2435 today.

July 26, 2010

Comic-Con Attendee Stabs Friend in the Face Over Seating

hand cuffs.jpgThis 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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