Los Angeles County Criminal Lawyer Blog

For the third consecutive year, hate crimes in Los Angeles County have decreased, reaching the lowest that they have been in 21 years. According to the 2010 Hate Crime Report issued by the Los Angeles County Commission on Human Relations, 2010 saw 427 reported hate crimes, a steep drop from the 593 reported in 2009.

Hate crimes are defined as misdemeanors and felonies motivated by prejudice against another's race, gender, sexual orientation, or religious beliefs. According to California Penal Code 422.6 (a), "No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state."

The majority of L.A. County's hate crimes are gang related, according to The Los Angeles Times, and over the last several years there has been a drop in gang-related crimes and vandalism in the county.

A large percentage of the hate crimes were from African American versus Latino crimes. Nearly 60% of all anti-African American hate crimes were committed by Latinos, while over 75% of anti-Latino hate crimes were committed by African Americans, according to the report.

When a felony or misdemeanor is determined to be a hate crime, punishments can be increased according to the seriousness of the crime. Under California Penal Code Section 422.7, those who commit a crime not punishable by imprisonment in and of itself can still be punished by up to a year in county jail or a fine of up to $10,000 if it is a hate crime. When the hate crime is a felony crime or attempted felony, one, two, or three additional years of imprisonment can be added to the person's sentence.

Gang-related crimes can be subjected to a multitude of penalties due to the factors involved in the focus and reason behind the crimes, including hate crime punishment. If you or a loved one has been charged with a gang crime in L.A. County, the Century City gang crime defense attorneys at The Law Offices of Daniel Kann can fight for your rights and defend against unnecessarily harsh punishments. Call us today at (310) 954-9356 for a consultation on your case.

Sources: http://latimesblogs.latimes.com/lanow/2011/11/hate-crimes-drop-to-21-year-low-say-county-commission.html; http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=422.6-422.865; http://da.co.la.ca.us/hate/hcdefined.htm

The Los Angeles County District Attorney's Office has announced that two 17-year-old boys have admitted to a charge of felony vandalism with a hate crime allegation for anti-Semitic graffiti at Calabasas High School. The teens were 16 at the time of the incident and their names are not being released to the public due to their age. According to The Sacramento Bee, specific students and teachers at the high school were targeted by swastikas, anti-Semitic and anti-black slurs and profanities spray-painted on doors, walls, sidewalks, and a stop sign. The teens reportedly informed investigators that they didn't intend to single-out any particular racial or religious groups. The teens argued that they felt like they had been mistreated and wanted to upset a few teachers and fellow students.

By order of the Sylmar Juvenile Court, the teens will be required to finish 100 hours of community service, pay $6,000 in fines, attend counseling, and attend a program at the Museum of Tolerance. In addition, the teens will remain under court and Probation Department supervision for one year. A third teen who faces charges will return to court in November for trial setting.

Under California Penal Code Section 594, an individual may be charged with vandalism if they are accused of defacing real or personal property with graffiti or other inscribed material. A person can also face charges for damaging or destroying real or personal property that belongs o another person or entity. Under California Penal Code Section PC 422.6, it is illegal to use force, threats or destruction of property to create any interference with another person's exercise of civil rights.

The consequences of vandalism and hate crimes can be severe, resulting in imprisonment, steep fines, probation, and other penalties. Whether you or someone you care about is facing vandalism charges, you may want to speak with a lawyer who can inform you of your legal rights and options for defense. Southern California vandalism defense attorney Daniel Kann is committed to defending his clients' rights. With years of experience handling a wide range of criminal defense cases, Mr. Kann may be able to help you get the charges held against you reduced or eliminated. Call 888-744-7730 today to learn more about your legal rights.

Source: http://www.sacbee.com/2011/09/14/3911252/2-teens-admit-to-anti-semitic.html

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" »