Los Angeles County Criminal Lawyer Blog

A 28-year-old Azusa man was arrested on May 4 after he called Azusa Police to tell them he had stabbed his mother to death at their home. The Pasadena Star-News reports that the man called police around 9 a.m. to tell them what he had done and a dispatcher kept him on the line until police arrived at the location. When police arrived there, the dispatcher was able to convince him to leave the home with his hands up and surrender to police.

The woman was found dead at the entryway of the home and the man was transported to a nearby hospital for minor cuts on his body. A dog at the house had also suffered stab wounds; it is unknown how badly the animal is hurt. Police are currently investigating the incident, but do not know what the motive for the crime was. Neighbors revealed that the woman's husband had passed away in the winter and the family was reportedly having financial issues; beyond that, however, no further information was given concerning their circumstances.

Homicide in California is divided into four categories: first degree murder, second degree murder, voluntary manslaughter, and involuntary manslaughter. Under California Penal Code Section 190, first degree murder, which is the willful and premeditated killing of another, is punishable by death, life imprisonment without parole, or 25 years to life in prison. Second degree murder is not premeditated or planned in advance and is punishable by up to life in prison, but not the death penalty.

Voluntary manslaughter is seen as a crime of passion, as it is done under circumstances that would emotionally or mentally disturb a person to the point where they would kill without any prior intent, and is punishable by three, six, or 11 years in prison under Penal Code 193. Finally, involuntary manslaughter, which results from unintentional but criminally negligent behavior that ends in the death of another, is punishable by two, three, or four years in prison.

A crime such as this incident can be prosecuted for a variety of charges, depending on the circumstances surrounding the incident and the mental state of the defendant. Criminal prosecutors may charge it as voluntary manslaughter if they see it as a crime of passion, or first degree murder, which could expose the man to the death penalty. As such, quality legal representation is very necessary for a defendant in such a case.

Los Angeles County homicide defense lawyer Daniel E. Kann understands the extreme nature of a murder charge and has spent years successfully defending clients from serious criminal charges across Southern California and can apply his knowledge and skills to your case as well. For more information, call the Law Offices of Daniel E. Kann at (888) 744-7730.

The Pasadena Police Department's homicide division has arrested two men in connection with the August 22, 2011 homicide of an 18-year-old Pasadena teenager, according to The Los Angeles Times. The two men, both 19-years-old, were arrested by a team of Pasadena police, Glendale police, and the U.S. Marshal Service's fugitive unit on January 21.

The 18-year-old was shot and killed on the 400 block of North Mar Vista Ave. on August 22; since then, police have been investigating the crime and searching for suspects. The shooting led to a community meeting by Pasadena City Council and Police over safety in the neighborhood. It is currently unknown how police determined the two suspects to be related to the shooting.

The laws surrounding homicide in California and the punishments for such offenses are defined in California Penal Code 187 through 199. While there are a variety of charges and penalties which can be applied to an act of homicide, these charges revolve around determining whether the act was done with the intention to kill someone and whether it was planned, or was caused by an extreme emotional reaction at the time. If both planned and meant to kill, the crime can be charged as first degree murder, which can receive the death penalty sentence. If it was an emotional response and was not intended to kill, it can be possibly be classified as involuntary manslaughter.

Additionally, under California Penal Code 190.2 (a) (21) intentionally murdering someone by discharging a firearm from a vehicle at those outside the vehicle is eligible for first degree murder. Those who aid in first degree murder with the intent to kill can also be charged with first degree murder penalties under Section 190.2 (c).

All homicide charges can lead to severe and permanently life-altering penalties if convicted. Call the Pasadena homicide defense attorneys at the Law Office of Daniel Kann today for experienced legal defense that can reduce or even dismiss your charges in a court of law. Contact us at (626) 376-9218.

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

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

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" »

Michael Jackson's former personal physician Dr. Conrad Murray was convicted on November 7 of involuntary manslaughter over the overdose and death of the pop singer in 2009. After six weeks of testimony and deliberation, jurors concluded that Murray was guilty of criminal negligence that led to Jackson's death, according to The Los Angeles Times. Murray, a cardiologist, was convicted of administering a fatal dose of the surgical anesthetic propofol to the pop star.

Testimonies and arguments between the defense and prosecution in the Los Angeles jury trial focused on whether blame should be placed on Murray or Jackson, who was a willing participant in receiving the propofol doses, and whether or not Jackson gave himself the fatal overdose. In the end, jurors found that although Jackson agreed to the doses, Murray was responsible for administering the dose, neglecting to take care of Jackson, and responding incorrectly when Jackson suffered cardiac arrest. Murray was denied bail and now awaits sentencing on November 29 where he could face up to four years of imprisonment.

In California criminal law, involuntary manslaughter is the unlawful killing of another without malice aforethought, often due to actions taken without caution or thought. Involuntary manslaughter has the smallest amount of consequences of all the convictions that deal with the killing of another person. According to California Penal Code Section 193 (b), "Involuntary manslaughter is punishable by imprisonment in the state prison for two, three, or four years." In contrast, voluntary manslaughter can be punished by 3, 6, or 11 years of imprisonment.

Even though involuntary manslaughter receives the least amount of penalties, all criminal charges dealing with the killing of another are serious and can have a life-long impact on a person's life. If you or a loved one is facing manslaughter charges, contact the Century City manslaughter defense lawyers at the Law Offices of Daniel Kann. Call us today at (310) 954-9356 for a consultation on your case.

Source: http://www.latimes.com/news/local/la-me-conrad-murray-20111108,0,4044841.story