Los Angeles County Criminal Lawyer Blog

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.

The case of body parts found in the hills near the Hollywood sign has been an ongoing drama that has been a major news story, as well as a scary situation for nearby residents.

The most recent development is that police believe they have identified the victim as a 66-year-old man who went missing about a week before the body parts were discovered, the Los Angeles Times reports.

While not much information is being made public by police detectives, Los Angeles criminal defense lawyers have been watching this case to see whether detectives are actually able to put together enough evidence to make an arrest in this case.

Given the pressure of any Los Angeles murder case, but especially one where there is so much media attention and gruesome details, detectives will likely be putting in overtime on this one.

But one must be skeptical of an arrest where there is no established crime scene and where a body was dismembered and spread along the hills. According to the Times' account, dog walkers found the head during a leisurely walk after their dogs started playing with a plastic bag with the head inside.

That led police to search the hills with specially-trained dogs that are able to spot body parts, finding two hands and two feet. But the whereabouts of the rest of the body remain a mystery. Detectives acknowledge that it's certainly possible animals could have gotten to other body parts if they were placed nearby, which means they are likely never to be found.

It would take a special circumstance for a person to not only kill another person, but then to dismember then. It would also include access to tools that could accomplish that and a place where no one heard or saw anything. These are all challenges for police.

The most recent news story suggests that the man's boyfriend listed him missing Jan. 9 after not hearing from him for several days. That was eight days before his head was discovered near the iconic Hollywood sign. Family members and friends said he left their apartment Dec. 26, but they continued hearing from him up until Jan. 4. His partner reported him missing five days later.

Adding to the intrigue of the case, police recently executed search warrants at the apartment, taking a sedan from the site. A neighbor told the newspaper that he told police he remembers hearing arguing, yelling and screaming and furniture moving around a few weeks earlier. Police asked the neighbor when garbage pickup is for that apartment complex.

In most murder cases, the victim and suspect are acquainted. It's rare that these acts of violence are random. That means any associates, including a partner who allegedly was arguing around the time the person went missing, are going to be looked at very closely.

But the article also suggests that the man often walked his dog in those same hills and it's possible an argument turned fatal. But given the lack of physical evidence at the scene, detectives may have a tough time handling this one.

Remember, proving the case and simply having a theory of who may have committed it are two different things. And, unlike television, motive isn't enough for an arrest and certainly not a conviction. Police have a hard task on this one and Los Angeles criminal defense attorneys hope they don't jump to conclusions and ruin a person's life with a hasty arrest.

Continue reading "Police Continue Investigating Los Angeles Murder Case Involving Body Parts" »

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" »

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" »

A Fullerton police officer has been charged with second-degree murder and involuntary manslaughter for the death of an apparently homeless man. Another officer faces charges for involuntary manslaughter and excessive use of force. It was argued that the officers resorted to physical force because the homeless man violently resisted arrest.

According to The Huffington Post, the officers responded to reports that a "homeless" individual was peering into car windows and shaking door handles in downtown Fullerton. Once the officers arrived at the scene, they had the man sit on the curb. However, the man, who suffered from schizophrenia, reportedly had issues following the officer's requests. It was at this time that an officer allegedly threatened force upon the man.

The officers have been accused of beating the man for 10 minutes in which they pinned him to the ground so hard that he wasn't able to breathe. The man's cause of death was determined to be compression of the thorax as well as injuries to the face and head.

If the officer facing murder charges is convicted, he could serve a maximum of 15 years to life in prison. The other officer faces a maximum penalty of four years in prison if convicted.

It isn't easy for most people to wrap their brain around this type of controversial incident, mostly due to the fact that numerous accounts of the incident have been shared. Not every case of battery or assault results in death. However, anyone charged with a violent crime or making threats faces serious penalties if convicted.

California Penal Code Section 242 defines battery as "any willful and unlawful use of force or violence upon the person of another" and California Penal Code Section 240 states that assault is "an unlawful attempted, coupled with present ability, to commit a violent injury on the person of another."

As a battery defense lawyer in California, Daniel Kann understands the importance of building a strong case on his clients' behalf to protect their rights and help restore their good name. Assault and battery cases are complex, often leaving a person confused about their legal rights. To find out more about how Mr. Kann can help keep you out of jail, call 888-744-7730 today.