Assaultive crimes are always serious due to their violent nature.  Even the slightest touch can result in charges for assault or batter.  Previous articles have focused on California's violent crime laws and domestic violence laws.  This article takes a closer look at several different penal code sections that would amount to "aggravated" assault.  These include:  Assault with a Deadly Weapon (PC 245(a)(1)), Assault by means likely to produce Great Bodily Injury ("GBI") (PC 245(a)(4)), Assault with a Firearm (PC 245(a)(2), Assault with an Automatic Weapon/Assault Rifle (PC 245(a)(3), and Battery Causing serious bodily injury (PC 243d).

ASSAULT WITH A DEADLY WEAPON ("ADW")
California law makes it a crime to commit an assault on another person with a deadly weapon or instrument (other than a firearm).  ADW is a "wobbler" meaning that it may be punished as a misdemeanor or as a felony. As a felony, ADW is punishable by imprisonment in the state prison for two, three, or four years.  As a misdemeanor, it is punishable by imprisonment in the county jail for not exceeding one year.  The assault portion requires that the government prove the defendant committed an act that would directly and probably result in the application of force to another person.  As to what constitutes a deadly weapon, examples can include: firearms, explosives, knives, bricks, automobiles, etc.  This is a factual question for the jury, and it is vital to properly get the evidence presented and argued.


ASSAULT WITH A FIREARM / MACHINE GUN
California law makes assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment.   Any person who commits an assault upon the person of another with a machinegun, an assault weapon, or a .50 BMG rifle shall be punished by imprisonment in the state prison for 4, 8, or 12 years.


ASSAULT BY MEANS LIKELY TO PRODUCE GREAT BODILY INJURY
Assault by "means likely" to produce GBI is a very broadly defined law, that unfortunately leaves open a lot of discretion.  Not only is GBI hard to define on its own, whether an act was likely to produce an injury in that poorly-defined category is utter nonsense.  This highlights the importance of having aggressive and persuasive representation.  If the case goes all the way to trial, your attorney will need to guide the jury in determining what kind of conduct is "likely" to produce GBI beyond a reasonable doubt.  Correctly explained, this standard is very difficult for the prosecution to prove.  Without a strong defense, the prosecution may use the ambiguity to their advantage.  If you or a loved one has been overcharged with an assault, contact us now for a Free Consultation with a Los Angeles Criminal Defense Attorney.


BATTERY CAUSING SERIOUS BODILY INJURY
PC 243(d) covers battery causing serious bodily injury.  Battery is simply the unlawful touching of another person.  There is substantial overlap between PC 243(d) and PC 245(a)(4), but PC 243(d) is often easier for prosecutors to prove.  "Serious Bodily Injury" is defined differently than great bodily injury.  PC 243(d) is a wobbler, punishable as either a misdemeanor or felony.  As a felony, it is punishable by up to 4 years county jail (not prison, like with PC 245(a)(4)).  This is a serious charge that can sometimes be charged in situations where an injury actually resulted from an accidental touching. 


GREAT BODILY INJURY
Great Bodily Injury ("GBI") is defined by California Penal Code Section 12022.7, “great bodily injury” as “significant or substantial physical injury.”  Examples include, broken bones, nerve damage, brain injury, paralysis, significant bruising, third degree burns and other injuries that are more than a slight injury.  This is an ambiguous standard and is often charged in cases where the injury is not as severe, and used to leverage a guilty plea from a defendant.  Because many aggravated assault cases do involve an injury, it is important to note that the DA may add a GBI allegation at any time.  A GBI enhancement adds a consecutive 3 to 6 year prison sentence, and is a strike under California's Three Strikes Law.


DEFENSES TO AGGRAVATED ASSAULT:
Self-Defense:  The government has the burden to prove, in all assault cases, that the defendant was not acting in self-defense.  A self-defense argument is often the best defense in an assault case, if the evidence (including the defendant's own testimony) can support it.  If the defense can show that the defendant was acting in self-defense, there cannot be a conviction.

False Accusation:  There are many reasons for false accusations.  Exposing a false accusation requires skilled cross-examination, thorough investigation of the case, and putting on the right witnesses to expose the accuser's lies and character to lie.

Mistaken Identity:  Eyewitness testimony is inherently unreliable.  People are simply not very good at remembering the face of a stranger they encountered for a short time.  It is not uncommon in an assault case for the wrong person to become a suspect and then defendant.  It is important to review any in and out of court identifications and, where appropriate, test a witness' ability to identify the true assailant with the use of lineups, expert witnesses, arguments of suggestive identifications and more.

Consent:  This defense is not particularly common, but my be relevant to an injury occurring while playing a contact sport, engaging in a physical contest, or participating in consensual rough sexual activity.  Consent does not have the same weight that it once did, when our nations founders would regularly engage in dueling, but it is nonetheless important to be aware of this defense and its limited applicability.  This defense often has a special application in domestic violence cases, where seemingly violent acts were consensual as part of a sexual act.

Insufficient Evidence:  Pointing out flawed and lacking evidence is important for the defense in every case.  Juries are inclined to hold police investigators in high regard because of TV shows and movies that paint them as brilliant crime-stoppers with infinite resources and exceptional technology.  Thus, it is vital to expose the police for the lazy, under-trained, and overworked humans that they are.  Juries can be very responsive to finding out that the detectives in a case did not look for fingerprints, video footage, seek out additional witnesses and more.

Lack of Present Ability:  Because assault crimes to not require any actual touching, assaults may be achieved with mere threats.  Pointing a loaded gun, for example, is assault with a firearm.  Pointing an unloaded firearm is not, because the gun cannot shoot the victim, therefore the defendant lacks the present ability to carry out harm to another person.

Violent Crimes Information
Attempted Murder Information
Domestic Violence Information

By Nicholas Loncar

Previously, I have written a more general article on California Sex Crimes and one on California Child Sex Crimes.  This article takes a closer look at two of the most serious sex offenses under California Law, Rape and "Statutory" Rape.  At the core of the term rape is the idea of non consensual sex.  Different jurisdictions take different approaches in defining rape, but consent is almost always the most important inquiry.  One thing is for sure: rape charges are very serious and can completely destroy the lives of those accused.  Prison, a "strike" under California's Three Strikes law, sex offender registry and more can mean not only harsh punishments, but significant barriers to re-entry into society upon completion of the sentence.

Though many people think of a masked, unknown assailant with a weapon when they hear the term "rape" the vase majority of rape accusations do not fall within this "stranger rape" scenario.  In recent years, the term "date rape" has become much more common, referring to non consensual sex between two people who do know each other.  In these cases, consent and force can be murky issues.  Drugs and alcohol are frequently involved in the consent determination, and further complicate the case.  Incidents where the accuser claims to have been "drugged" without their knowledge (e.g. Bill Cosby, Cee-Lo Green) are much more difficult to defend than cases of voluntary intoxication.

Being arrested, charged with a crime, accused of a crime or investigated for a crime is scary, frustrating and can have a serious impact on your life.  Sex crimes, especially rape, can be even more devastating.  Rape accusations can be false, in order to get back at the accused for something else, or protect the reputation of the accuser (e.g. "I wasn't cheating on my boyfriend; I was raped.").

RAPE - PENAL CODE SECTION 261
In California, rape is non consensual sexual intercourse achieved by means of force, threats or fraud.  Though some jurisdictions have eliminated the force requirement altogether, California has not.  Still, the force, threats or fraud requirement has been greatly relaxed in rape prosecutions, with very slight force being sufficient for the DA to charge someone with rape.  Though non consensual sex without any force or fear is technically not rape under California law, it is the scenario that most commonly leads to rape prosecutions.  Though the consent issue is often the hardest to determine, whether there was in fact any use of force or fear is also an important question for the jury.  Rape is punishable by up to 8 years in prison, more if: the victim is a minor, the defendant has prior strike or prison sentences and other enhancements.  Rape of a child under 14, for example, is punishable by 15 years to life in prison.  You need a passionate, aggressive, knowledgeable attorney on your side, who can cast doubt on the accusation and maintain your innocence.  The most common defenses in rape cases are: consent, lack of force, false accusations, mistaken identity, and lack of evidence.

STATUTORY RAPE - PENAL CODE SECTION 261.5
The "age of consent" in California is 18.  This means that no one under the age of 18 can consent to sex.  Additionally, there are no age restrictions for who can be guilty of statutory rape.  This means that two 16 year olds who engage in seemingly consensual sex are both guilty of statutory rape.  While many states have close-in-age provisions that do not punish those who are within a certain short age range, California Law is harsher in that regard.  PC 261.5 is a "wobbler" meaning that it can be charged as a misdemeanor or as a felony.  The main factors the prosecuting agency will use to determine how to file the case will include:  the age difference in question, the age of the victim, whether a position of power exists (e.g. student-teacher), and the defendant's criminal history.  This means that a 19 year old with no criminal history, who has sex with a 17 year old is more likely to face misdemeanor charges.  Conversely, a 35 year old teacher who has sex with a 15 year old student is almost certainly going to face felony charges.  An interesting note on California Statutory Rape Law is that California does permit a "reasonable mistake of age" defense.  While statutory rape is a strict liability offense in most jurisdictions, California does not wish to punish those who had sex with a minor not knowing that the minor was under age.  This can be a difficult defense to win, but at least makes the prosecution's case a little bit harder to prove.  Since there is no close-in-age defense, and a minor victim cannot consent, the defenses in statutory rape cases include: false accusations (never engaged in sex),

SPOUSAL RAPE - PENAL CODE SECTION 262
Rape can happen within a marriage.  If the accuser is the accused spouse, there is a different charging section, PC 262.  Spousal rape is punishable by up to 8 years in prison, just like Rape under PC 261.  Additionally, it is also a strike under California's Three Strikes Law.  In addition to being a serious sex crime, PC 262 qualifies as a crime of domestic violence, which carries its own unique consequences.

ORAL COPULATION BY FORCE - PENAL CODE SECTION 288a(c)(2)
In the same way that non consensual intercourse achieved by the use of fear or force is rape under Penal Code Section 261, Oral Copulation that is non consensual and achieved by force is also a very serious crime, punishable by up to 8 years in prison.  The same defenses would apply to both rape and oral copulation by force charges: false accusations, consent, insufficient evidence, mistaken identity, lack of force, and more.

FORCIBLE PENETRATION WITH A FOREIGN OBJECT - PENAL CODE SECTION 289
Penetration with fingers or other objects (not sexual organs), when achieved by means of force or fear is a serious felony in California.  The charge carries a possible prison sentence of up to 8 years, is a strike under CA's repeat offender laws and requires lifetime sex offender registration.

ASSAULT TO COMMIT RAPE - PENAL CODE 220
Committing an assault with the intention of committing a sexual assault is a felony punishable by up to 6 years in California State Prison.  Additionally, convictions under this section shall require lifetime sex offender registry

If you or a loved one has been arrested, charged, accused or is under investigation for a serious sex crime, including: rape, statutory rape, oral copulation by force, you need a best defense possible.

More Information about California Sex Crimes
More Information about California Child Sex Crimes

Burglary is the unlawful entry into a structure or dwelling with the intent to commit a theft or a felony once inside.  Burglary is most frequently associated with California theft crimes, but it is important to note that the intent to carry out any felony crime, not just a theft can lead to a conviction for burglary.  The government must also show simultaneous intent to commit the theft or felony at the time of entry, and that such intent did not develop later.  The public sometimes confuses burglary and robbery.  Robbery is a taking by force, where as burglary involves unlawful entry.

FIRST VERSUS SECOND DEGREE BURGLARY

First Degree ("Residential") burglary applies to burglary of a home, including trailers, RVs and boats used as a residence.  First Degree Burglary is always a felony, always a "strike" and is punishable by up to six years in prison.  Additionally, pursuant to PC 462.5, First Degree Burglary is presumed ineligible for probation.  All other burglaries are burglaries of the Second Degree.  These include commercial burglary and auto burglary.  2nd Degree Burglary, is a "wobbler" and can be charged as a misdemeanor or felony.  As a felony, Second Degree Burglary is punishable by up to three years.  Since the passage of CA Prop 47, commercial burglary, as a felony can only be applied to thefts of over $950, and thefts committed outside the normal business hours.
Other California Theft Crimes

UNLAWFUL ENTRY

The unlawful entry in burglary cases need not involve any breaking in.  Often referred to as "breaking and entering" the entry need not be forced.  Many Californians have been convicted of burglary for walking through the doors of an open business establishment, with the intent to commit a crime once inside.  The entry appears legal on the surface, but it is the intent at the time of entry that makes a theft or other crime inside a burglary.  Entry without permission would be a mere trespass (PC 602) if done without the intent to commit any crime inside.


INTENT AT THE TIME OF ENTRY

In order to prove burglary, the prosecution need not only prove that the defendant entered a structure and then committed a theft or felony while in the property, but also, the government must prove that the defendant had the intent to commit a felony or a theft once inside.  People who commit thefts and crimes inside a structure typically do enter with an intent to commit a theft, but it can be difficult to prove.  Without evidence of premeditation, the defendant could have entered, then formed the intent.  Some evidence frequently used to establish intent at the time of entry include:  admissions, statements of co-conspirators, possession of tools/instruments of the intended crime (e.g. burglary tools), lack of money to buy (in commercial burglary situations), and more.


SOME BURGLARY DEFENSES

Lack of Intent:  The government must prove intent at the time of entry beyond a reasonable doubt.  Proving this state of mind can be difficult, especially if there is not much evidence of intent.  Using the evidence to explain a different, legitimate reason for being in a location, or establishing that the intent was formed after entry (and upon seeing an opportunity).  For example, if Fred and Jed don't like each other, and Fred goes to Jed's place of employment and beats him up, whether Fred had the intent to beat up Jed when he entered the building is unknown.  Fred might not have even known that Jed worked where he does, and decided to attack Jed after he entered the building.

Mistaken Identity:  Faulty eyewitness testimony is the single leading cause of innocent people being convicted of crimes.  Though eyewitnesses may feel confident in their ability to identify the perpetrator of a crime, studies show that such witnesses are very likely to make mistakes.  This is especially likely when an eyewitness identification is cross-racial, or if the perpetrator was wearing glasses, a hat, a mask, etc.  Additionally, lineups and other identifications might be suggestive if not conducted properly.

Consent:  If you saw two men who do not look like your neighbor moving a bunch of valuables from your neighbor's home, it might appear that a burglary was in progress.  But what if the two men were movers hired by your neighbor to transport the items to another location?  Consent to enter and consent to take property are both defenses.

False Accusation:  There are many reasons that a person might falsely accuse another person.  These include: anger, jealousy, custody battles, monetary gain (insurance benefits, for example), and more.  Casting doubt on an accuser or witness' ability to perceive or recall, or truthfulness can be the best defense in a burglary case based on eyewitness testimony.

Common Defenses to Crimes


BURGLARY SPECIAL ISSUES

Fingerprints:  Burglary cases, particularly residential burglary cases, frequently involve the use of fingerprint analysis.  Fingerprints lifted from the scene of a burglary, especially at the point of entry, go a long way towards establishing the defendant's guilt.  A positive fingerprint match does not, however, prove the defendant guilty of burglary.  The defendant may have lawfully been in the building and merely present.  This could possibly constitute a trespass, but not a burglary.  Additionally, fingerprint analysis, particularly of a single or partial print, may not be as infallible as people think from watching CSI.  Many forensic analysts have very little experience and training in fingerprinting and can make mistakes.  It may be necessary to get a defense expert to review the analysis independently.

Proposition 47:  Prior to the passage of Prop 47, prosecutors in California would charge shoplifters with commercial burglary, in order to be able to more harshly punish people who stole small amounts of merchandise.  In November 2014, California Voters passed a law making theft of under $950 a misdemeanor under most circumstances.  Prosecutors can no longer charge someone with a felony for walking into a grocery store and leaving with food they never intended to pay for.  Those who have already suffered felony convictions for minor theft crimes are eligible to have those records changed to reflect the new change in the law.  If you or a loved one has a prior conviction for a Second Degree burglary, where the value of the stolen item was less than $950, call for a Free Consultation to see if you might be able to remove a felony from your record. 
More About Prop 47

Three Strikes Law:  Residential burglary is a strike offense, meaning that future convictions will be subject to significantly enhanced penalties.  A person who has a prior strike will be subject to twice the punishment.  Those with two strike priors may face a 25-life sentence with a new burglary conviction.  Burglary is a serious crime and carries very serious consequences.

If you or a loved one is currently facing charges for burglary, the consequences could be very severe.  Burglary is a harshly prosecuted crime, and it is important to have dedicated, passionate representation on your side.  Contact us now for a Free Consultation with a Los Angeles Criminal Lawyer.  213-375-3775.

Robbery is a very serious crime under California Law (See Penal Code 211), and covers a wide range of offenses, with very serious consequences.  Robbery is the taking of property from another person by force or threat of force/violence.  The level of force or the severity of the threat can vary wildly in Robbery cases.  Robberies are often charged with a relatively minimal amount of force.  Still, Robbery is always a felony, always a strike, and is aggressively prosecuted and harshly punished.  Anyone facing Robbery charges has a strong likelihood of ending up in California State Prison, but aggravated crimes, involving weapons, gang allegations, strike enhancements, kidnapping, carjacking and more can lead to very long sentences, including possible life sentences.  If you or a loved one is facing robbery charges, you need an aggressive, experienced, dedicated attorney to represent you.  When facing serious felony charges, the LA County District Attorney's office will seek the harshest punishments and fight to send you to prison for as long as they can.  You deserve, and have a right to, someone in your corner to take them on and fight for the best possible outcome in your case.  Call us now for a Free Consultation with a Los Angeles Criminal Defense Attorney.


MOST COMMON DEFENSES:

Identification Issues:  Cases of mistaken eyewitness identity testimony account for more wrongful convictions than any other kind of evidence.  Juries believe witnesses who identify the defendant as the perpetrator, but the reality is that most people vastly overestimate their ability to recall what a person looks like.  Eyewitness identifications are highly unreliable, especially if there were specific issues like masks/hats/sunglasses, suggestive identifications, and cross-racial identifications.  Witnesses are often asked to make their identification of a handcuffed suspect, suspect in jail clothes in court, or in a line-up of others who look nothing like the description of the perpetrator.  It is important to present this evidence, with a strong, effective cross-examination of eyewitnesses and effective use of expert witnesses, lineup motions, and other tactics.

Lack of Force:  Sometimes thefts do not actually involve any force.  Pick-pocketing, shoplifting and other thefts directly from the presence of another person, might not actually involve any real use of force or threat of force.  Additionally, there are cases where a "victim" believes that a person is threatening due to their appearance or otherwise innocent actions.  The government has the burden to prove every element of a crime beyond a reasonable doubt.  If they cannot prove that there was a real use or threat of force, then the offense is not a robbery, and can instead be a relatively minor crime like shoplifting.  This defense is especially valuable in Estes Robbery situations (discussed below).

False Accusations:  Most crimes are susceptible to the possibility of false accusations.  Robbery accusations can be false in their entirety if the alleged "victim" feels enough bias or desire to hurt the accused.  Further, robbery accusations may be made in part, alleging force that did not actually take place.  A common example of this is where a "victim" does not want to admit to leaving property unattended, and then embellishes to place more blame on the defendant.  Thorough investigation, smart cross-examination and effective argument can expose false accusations and lead to reasonable doubt in these cases.

Other Common Defenses to Crimes


FIRST DEGREE ROBBERY

California Penal Code 211 singles out robberies at an ATM, aboard a bus, train, taxi, or in an inhabited dwelling, houseboat or trailer is a robbery of the first degree, punishable by three, six or nine years in prison before enhancements or prior allegations.  This makes first degree robbery one of the most serious crimes in the California Penal Code. 


SECOND DEGREE ROBBERY

All robberies not specifically enumerated as First Degree Robberies are Robberies in the Second Degree.  Second Degree Robbery is punishable by two, three or five years in prison without any enhancements or priors.  Though punished slightly less harshly than First Degree Robbery, Second Degree Robbery is always a felony, always a strike (violent felony), and leads to a presumptive prison sentence. 


RELATED OFFENSES

Kidnapping to Commit Robbery:  Pursuant to Penal Code 209(b)(1), kidnapping to commit robbery is punishable by a life sentence.  It is important to note that the distance a person must be forced for kidnapping can be quite short.  Forcing someone to go to an ATM, or to a more secluded place away from help, can lead to a life sentence. 
More on Kidnapping

Carjacking:  Penal Code 215 punishes carjacking, which is otherwise a form of robbery.  Taking of a vehicle by threat or force is carjacking.  If the driver is forced to stay in the car, it could be kidnapping (PC 209) as well. 
More on Carjacking

Estes Robbery:  In the case People v. Estes, the holding allowed the robbery force requirement to be met after a theft has been committed.  This type of robbery found a frequent application in shoplifting cases where a shoplifter was caught by store security and struggled to get away.  The slightest push or physical contact can be enough for the DA to file felony robbery charges in what would otherwise be a minor misdemeanor offense.  With many stores having security trained to initiate physical contact, this charge has become increasingly common.  Additionally, with the passage of Prop 47, prosecutors are looking for new ways to assign harsher penalties to shoplifters, particularly those with a prior criminal history.


ENHANCEMENTS

Firearm Enhancements:  Possessing a firearm during the commission of a felony, use of a firearm and discharge of a firearm during the commission of a felony have serious consequences.  Just simply possessing a firearm adds a year to a possible prison sentence.  Due to the violent nature of robberies, the use or possession of a firearm or other weapon is very common in Robbery cases.  This adds consecutive time and can lead to very long prison terms.  The personal use of a firearm during the commission of a robbery adds 10 years, discharge of a firearm adds 20 years and if someone is killed or injured, would result in a 25-life sentence.

Gang Enhancements:  Gang enhancements are very serious and can add a long consecutive sentence on to any felony committed by an active gang member for the benefit of the gang.  When the underlying felony is a violent felony, like Robbery, the added prison term will be 10 years.  Gang enhancements can be challenged, including arguing that the defendant is not a gang member, not an active gang member, and that the crime was not committed for the benefit of the gang.  More on Gang Enhancements

Strike Enhancements:  Robbery is one of many "strike" offenses in California law.  Those previously convicted of one strike offense face double the usual prison range for any new felony convictions.  This means that a person with one strike prior faces up to 18 years in prison for snatching money away from someone who just withdrew cash from an ATM.  With two strike priors, a third conviction for Robbery could likely result in a life sentence.  Strike convictions should be avoided wherever possible, and it is important to note that a strike prior, or worse, two strike priors can have disastrous consequences in light of a new conviction.  Avoiding the new conviction is best, but there are also ways to improve strike sentencing through plea negotiations or a Romero motion (motion to not apply a prior strike conviction).  More on CA's Three Strikes Law

Contact a Los Angeles Criminal Lawyer now for a Free Consultation.  213-375--3775.

Disciplinary proceedings against a student at an institution of higher education can have very important consequences, and students subject to such hearings are entitled to representation by counsel.  Disciplinary proceedings may overlap with a criminal investigation (e.g. rape/sexual assault, providing drugs/alcohol to minors, etc.) or concern themselves purely with academic integrity (i.e. cheating).  It is important to note that even in the event of a disciplinary proceeding stemming from events that might also constitute a crime, the criminal justice system and the educational institution will have different objectives, different standards and different procedures.  Evidence of wrongdoing may be insufficient to justify criminal charges, yet still give rise to disciplinary action simply because the burden of proof in criminal cases is so high (Proof Beyond a Reasonable Doubt).  Conversely, there may be strong evidence of a crime that does not give the college or university cause for concern about the student.  In any event, having an attorney for both criminal proceedings, and for any disciplinary proceedings at a high school, college, university, law school, medical school, etc. is extremely important to safeguard your rights and fight for the best possible outcome.  Each institution is bound by its own code of conduct, and proscribes the due process available to students accused of misconduct.  Students attending public schools and universities may find that they have more rights that students at the mercy of a disciplinary board at a private school, whether K-12, college-level, graduate or post-graduate study.

SEXUAL ASSAULT DISCIPLINARY HEARINGS
Colleges and universities have taken significant steps to combat the alarming .  Sexual assault is common on college campuses, and administrations have to be careful to protect their student body from rape and other sexual misconduct.  Unfortunately these efforts have come at the expense of rights of the accused.  These are generally the most severe form of disciplinary proceeding a school will have, and also likely the most serious potential criminal consequences (Penal Code Section 261, 261.5 - More on California Sex Crimes).  If you or a loved one has been accused of a sexual assault or rape, it is important to have an attorney who understands the ins and outs of the criminal justice system, how to expose false accusation and how to lead an effective investigation to defend your rights and your future.

FIGHTS AND VIOLENCE GIVING RISE TO DISCIPLINARY HEARINGS
Students who fight, threaten, attack other students, or have weapons on school property are likely to face disciplinary action by their school.  Like sexual assault and rape cases, fights and attacks involving school students can have serious consequences, including criminal charges and expulsion.  Criminal charges arising out of a fight, attack or threat can include PC 240 -  assault, PC 243 - battery, PC 245(a)(1) - assault with a deadly weapon, PC 245(a)(4) - assault by means likely to produce great bodily injury, PC 422 - criminal threats, PC 626.10(h) - dirk or dagger on university grounds, and More California Violent Crimes).  It is important to have a skilled, experienced, knowledgeable attorney who knows how to handle the investigation, evidence presentation, cross-examination, negotiations and every aspect of the criminal justice process, as well as school disciplinary proceedings.

THEFT AND PROPERTY CRIMES DISCIPLINARY HEARINGS
Stealing or defacing school property or property belonging to another student or a teacher/professor will also be grounds for disciplinary action under most codes of conduct.  Though criminal theft charges are not often treated as seriously as violent crimes and sex crimes, this does not mean that school disciplinary proceedings will not be harsh and aggressive when dealing with a student accused of theft or destruction of property (vandalism).  Property crimes can vary in severity depending on the value of the property stolen/defaced.  Vandalism causing damage in excess of $400 can be charged as a felony, while theft in excess of $950 can be charged as a felony.  Keying a car or stealing a laptop can give rise to felony charges.  These same actions can lead to school disciplinary action.  In both types of proceedings, it is vital to have aggressive, experienced, knowledgeable representation on your side, fighting for you.

DRUG AND ALCOHOL DISCIPLINARY HEARINGS
In recent years, laws relating to drugs and the abuse of alcohol have come to reflect a better societal  understanding of substance abuse and addiction issues.  Students who may have been expelled years ago will often be able to secure better fates by acknowledging a substance abuse issues and taking steps to remedy the problem with in and outpatient rehab, AA/NA meetings, and other forms of treatment and counseling.  Sales or possession for sales of drugs will be treated much more harshly, both by the criminal process and the school's administration.  If you are dealing with a criminal case or disciplinary proceeding involving drugs or alcohol, contact our office for a Free Consultation and to discuss your rights and defenses.
More on California Drug Crimes

ACADEMIC DISHONESTY DISCIPLINARY HEARINGS
While unlikely to draw the attention of law enforcement and criminal proceedings, cheating or lying can be a serious violation of a school's code of conduct or honor code.  Nevertheless, schools can take serious action, including expulsion for cheating, plagiarism and other forms of academic dishonesty.  If you have been accused of plagiarism, cheating, falsifying documents, etc. you should discuss your situation with a lawyer to safeguard your rights.

If you or your child, friend or relative have been involved in an incident leading to disciplinary proceedings at school, it is important to know and understand your rights and responsibilities, as well as have a voice on your side.  Contact us now for a Free Consultation with a Los Angeles Criminal Lawyer.  Our office will work hard to protect you both from criminal prosecution/investigation and from disciplinary action from school.  You have a bright future, and we are here to protect it.

Police often seize property that they believe to be an instrument or derivative of a crime.  From cash, cars, medical marijuana, land, real estate, weapons and more, you may be entitled to a return of your property.  The phrase "Life, Liberty and the Pursuit of Happiness" that we hold so dear in the US comes from John Locke's principle that man has natural rights to "Life, Liberty and Property."  Further, our Constitution guarantees a right to due process and just compensation for any deprivation of property.  The law, nonetheless, does allow for the government to seize and retain property that is (1) contraband, (2) proceeds of a crime, or (3) used as an instrumentality of a crime.  Civil forfeiture is most common in drug cases, under California's Health & Safety Code, and organized crime pursuant to California's Penal Code. 

Our office has helped to recover cash, vehicles, computers and other property from Federal law enforcement agencies, state agencies and local law enforcement.  Even marijuana is property subject to return under appropriate conditions.  If the government has unjustly taken possession of your property, it is important that you strictly follow procedures and properly assert your right to that property so that you can get it back.

Critics of Civil Forfeiture (myself included) have long argued that civil forfeiture laws create perverse incentives for law enforcement, and carry a high potential for abuse.  Not only are civil forfeiture proceedings separate from criminal proceedings, but a property owner can be deprived of property even if not convicted of any crime.  The civil nature of the proceedings means that there are fewer protections and a lower burden of proof, leading to serious consequences, even if there is insufficient evidence to institute criminal proceedings.  Though some lawmakers have made efforts to curtail this practice, those efforts have largely failed. 

PROPERTY HELD AS EVIDENCE
If your property is simply being held as evidence, the government does not intend to permanently remove the property, but rather just keep it during the course of their investigation.  Property held as evidence can be ordered returned by the court, and sometimes the investigating detective will return the property without a court order.  Typically, the prosecuting agency will oppose such a motion while the case is pending, but the ultimate decision is up to the judge.  If the judge believes that the evidentiary value of the police agency holding on to the property is outweighed by the harm caused by deprivation, then the motion should be granted, even without the approval of the prosecuting agency.  Motions for return of property are most common to recover electronics, automobiles

TYPES OF ASSET FORFEITURE PROCEDURES
Asset forfeiture proceedings are held when the government intends to permanently keep property.  Depending on the type of property, there are different procedures:

1.  SUMMARY FORFEITURE
Schedule 1 Narcotics (cocaine, marijuana, heroin, LSD, ecstasy and peyote can be seized without process and there is generally no right to a return of this property by any means.  The exception is marijuana that is lawfully possessed under California's Medical Marijuana Laws. In the case of medical marijuana, the government can be required to return seized marijuana.

2.  ADMINISTRATIVE FORFEITURE
For personal property (not real estate) valued at less than $25,000, the government need not involve the courts in order to permanently seize property.  Administrative forfeiture requires notice to any interested parties in the property, and allow 30 days for interested parties to make a claim to the property.  A claim is made by filing Form MC-200 CLAIM OPPOSING CIVIL FORFEITURE.  If no claims are filed after 30 days the process will be forfeited without going to court.  If a claim is filed, the next step is a Judicial Forfeiture Proceeding.

3.  JUDICIAL FORFEITURE
For property valued above $25,000, or property that started off in administrative proceedings, but has been claimed, the prosecutor must file a petition for forfeiture with the court.  There is again a notice requirement and a 30 day opportunity to respond.  If there is no claim, then the prosecutor must make a motion to the court to have the property declared forfeited.  If there is a claim, then a civil trial, with a right to a jury will be held.  At trial, the prosecution must prove that (1) the property was used for OR derived from criminal activity, AND (2) all owners consented to its illegal use.

SPECIAL ISSUES WITH AUTOMOBILES
Cars and trucks that are towed and stored may incur significant towing and storage fees.  Though the impound lots and police departments are generally bigger criminals than anyone they arrest, the fees of storage, which can quickly climb into the thousands, often fall on the property owner.

FEDERAL VS. LOCAL
Depending on the type of property, the type of criminal activity suspected, the nature of the discovery of the property and the location, there may be involvement by Federal agencies (DEA, FBI, ATF, DHS, etc.), or local law enforcement agencies (LAPD, LASD, Burbank Police, etc.).  An experienced asset forfeiture attorney will know the right approach to getting you your money back, whether the case is being handled by the federal prosecutors (US Attorney's office) or the local prosecutors (Los Angeles District Attorney).  Filing in the correct court is absolutely imperative.

If you have had property taken away from you by the police during an arrest, search or raid, you may be entitled to a return of that property or compensation for the loss.  Contact a Los Angeles Criminal Lawyer now for a free consultation and to discuss how you might best protect yourself from criminal consequences as well as protecting your property interests in seized property.  Asset forfeitures in California are in the tens of millions of dollars each year.  Fight back!

For more information about California's Civil Forfeiture Laws, Review HEALTH AND SAFETY CODE
SECTION 11469-11495 and/or contact our office to discuss your specific situation.

More Asset Forfeiture Information

If you or a loved one has been charged with a crime, arrested, or is under investigation for a crime in Los Angeles, you can expect aggressive law enforcement, prosecution and harsh punishments.  Knowing, understanding and asserting your rights is very important when dealing with the criminal justice process.  Though informing yourself is vital, there is no substitute a for dedicated, passionate, knowledgeable, experienced Los Angeles Criminal Lawyer on your side, fighting for your rights.  The following page should provide substantial information that would be useful to someone facing criminal charges.  Some of the information is generalized, with some of the information more specific to certain charges.  To discuss any specific concerns or questions, feel free to call for a Free Consultation.  213-375-3775.

BASIC INFORMATION FOR LOS ANGELES CRIMINAL LAW:
Overview of the Criminal System, Jury Trial, Preliminary Hearing, Motions, Common Terminology, Common Defenses, Fighting a Case, Jail Alternatives, Diversion Program, Immigration Consequences, Warrants, Bail Procedures, Innocent Until Proven Guilty, Plea Barganing, Know Your Rights

LOS ANGELES CRIMINAL LAWYER PRACTICE AREAS:
DRUG CRIMES | DUI | DUI CAUSING INJURY | DUI W/ PRIOR | FELONY DUI | VIOLENT CRIMES | THEFT CRIMES | PROSTITUTION/SOLICITATION | WEAPONS OFFENSES | SEX CRIMES | HOMICIDE | DOMESTIC VIOLENCE | JUVENILE OFFENSES | PROBATION VIOLATIONS | FELONY |MISDEMEANOR | MARIJUANA | DUI DRUGS| GANG CASES | VANDALISM | EXPUNGEMENT | APPEALS | CIVIL RIGHTS | THREE STRIKES | INFRACTION (TRAFFIC) |UNLICENSED DRIVER/SUSPENDED LICENSE | SALE, TRANSPORT, CULTIVATION & MANUFACTURE OF DRUGS |ILLEGAL FIREWORKS | JURY TRIALS | WATSON MURDER | FINANCIAL CRIMES | FEDERAL CRIMINAL DEFENSE |ATTEMPTED MURDER | CONSPIRACY | CARJACKING & GRAND THEFT AUTO | CHILD SEX CRIMES | HIT & RUN |STALKING & HARASSMENT | RESISTING & EVADING | OBSTRUCTION, PERJURY & DISSUADING |ARSON | CHILD ENDANGERMENT & ABUSE | FRAUD | FORGERY | OPERATING A "CHOP SHOP" | PIMPING& PANDERING | FILING A FALSE REPORT | EXTORTION & BLACKMAIL |COUNTERFEITING | KIDNAPPING | ILLEGAL GAMBLING |  More Practice Areas

LOS ANGELES CRIMINAL LAWYER NICHOLAS LONCAR
Attorney Nicholas Loncar has achieved phenomenal results for his clients, earning a strong reputation in the legal community for his zealous advocacy.  Working tirelessly to achieve the best possible outcome, Nicholas has a long list of happy clients, strong endorsements from peers in the field and a strong reputation with judges, prosecutors and other defense attorneys who have worked with him.  If you or a loved one is facing criminal charges, get a consultation with a passionate, aggressive, knowledgeable, experienced lawyer with a proven track record.  Attorney Profile

MY RECENT LOS ANGELES CRIMINAL DEFENSE VICTORIES:
People v. E.L. - Assault with a Deadly Weapon Case - DISMISSED
People v. A.A. - Poss. of Marijuana for Sale (HS 11359) - DISMISSED - NO JAIL
People v. D.C. - Felony Theft W/ Strike Prior, Facing 7 YEARS! - PROBATION
People v. C.I. - Firearm and Transportation of Methamphetamine for Sale - DISMISSED
People v. E.L. - PC 273.5 domestic violence - DISMISSED
People v. A.C. - Felony Criminal Threats (Strike Offense) - DISMISSED
People v. T.T. - Driving Under the Influence of Drugs - REDUCED TO WET RECKLESS
People v. L.S. - Driving Under the Influence of Drugs - REDUCED TO WET RECKLESS
People v. J.P. - 1998 Felony - PLEA WITHDRAWN/REDUCED TO MISDEMEANOR
People v. P.V. - Driving on a Suspended License - DISMISSED
People v. H.S. - Driving on a Suspended License - DISMISSED
People v. S.P. - Felony Domesic Violence - DISMISSED BEFORE FILING
People v. R.C. - Possession of a Controlled Substance - DISMISSED (PC 1000)
People v. L.H. - Theft w/ Felony Theft Priors - PROBATION (NO JAIL TIME)
People v. A.F. - Felony PV - 4 year sus. sentence - CREDIT FOR TIME SERVED
People v. A.D.- High BAC DUI w/ Prior, prob. violation & Susp. License - NO JAIL TIME
People v. K.C.- DUI charges in Santa Clarita - REDUCED TO WET RECKLESS
People v. D.I. - DUI .11 Blood Alcohol - REDUCED TO WET RECKLESS
People v. K.D. - DUI in San Fernando Courthouse - REDUCED TO WET RECKLESS
People v. M.E. - Felony Domestic Violence - DISMISSED BEFORE FILING

Contact a Los Angeles Criminal Lawyer Now for a FREE CONSULTATION.  213-375-3775

Keep up with Los Angeles Criminal Law topics on our Blog page.

Counterfeiting is a broad term that can apply to checks, watches, handbags, clothing, money, pirated movies and more.  Because the term is broad, different penal code section, and therefore very different penalties can apply, depending on the alleged conduct and the exact charges.  Counterfeiting US Dollars or even a foreign currency, can be the most serious of these offenses, punishable in Federal court by up to 20 years in prison.  Selling "bootleg" DVD's, on the other hand is a substantially less serious offense, generally charged as a misdemeanor.  Another aspect of counterfeiting crimes is that they can come with stiff monetary penalties, including fines to the court and restitution to the intellectual property owners.

The sale of counterfeit goods is very common in Los Angeles.  With a large tourism industry, close proximity to Mexico, and significant ties to China and Korea, LA is well-known for counterfeit goods.  From Santee Alley in Downtown Los Angeles, throughout many of the neighborhoods across LA, the sale of counterfeit watches, pirated DVDs, counterfeit clothing, etc. run rampant.  While this type of crime is minimally harmful to society, it is taken very seriously by law enforcement, prosecuting agencies and courts in California.  The LAPD claims that most counterfeit goods are trafficked by criminal street gangs and that the sale of counterfeit goods has become second only to the drug trade in terms of revenue for gangs.  This is probably an exaggeration by law enforcement, but has nonetheless led to vamped up efforts to curtail the sale of counterfeit goods and pirated movies and music.  Counterfeit currency is less common, but significantly more serious, often charged in federal court or as a felony in state court.  Counterfeit or forged checks or other documents can also lead to serious charges.  The following is a breakdown of the various charges relating to counterfeiting in California:

MANUFACTURE / SELL / POSSESS FOR SALE COUNTERFEIT GOODS - PC 350 (STATE) / 18 U.S.C. § 2320 (FEDERAL)
Penal Code Section 350 prohibits willfully manufacturing, intentionally selling, or knowingly possessing for sale any counterfeit mark registered with the Secretary of State or registered on the Principal Register of the United States Patent and Trademark Office.  A first offense involving counterfeit goods valued up to $1000 is a misdemeanor, punishable by up to one year in county jail.  In cases involving a second or subsequent offense, or a value of goods in excess of $1000, manufacture, sale or possession for sale of counterfeit goods can be charged as a felony, punishable by up to 3 years.  If you or a loved one has been arrested or charged with a crime relating to the sale or manufacture of counterfeit goods, contact us now for a Free Consultation with a Los Angeles Criminal Lawyer.

COUNTERFEIT CURRENCY - PC 480  (STATE) / 18 U.S.C. § 471 (FEDERAL)
Generally speaking, counterfeit currency crimes will be covered by federal law, pursuant to Title 18 of the United States Code, Chapter 25.  Nevertheless, California has laws that govern the possession or manufacture of dies or plates for minting gold or silver coins, or manufacturing counterfeit gold bars, coins, nuggets or bullion. 

CHECK FORGERY - PC 470
California law also makes it illegal to forge a signature on a check, changing information on a negotiable instrument (a check, money order, bond or other investment security), or even fabricating a lottery ticket.  If the value taken exceeds $950, then forgery will likely constitute a felony.  Forgery not for monetary gain can still be charged as a felony.

Counterfeit laws can apply to piracy of media (movies, music, etc.), copyright infringement with clothing and jewelry brands, counterfeit currency, counterfeit checks, and much more.  Any crimes involving counterfeit laws will be treated very seriously and require an aggressive, knowledgeable defense attorney to protect you.

Counterfeiting in California requires intent. Accordingly, lack of knowledge and intent are viable defenses in counterfeit cases.  There may also be an argument that the evidence (counterfeit goods) or statements were obtained in violation of constitutional rights.  For example, if the police conducted an unlawful search to uncover the counterfeit goods, then that evidence may be excluded on defense motion.  Additionally, a confession of ownership, intent to sell, etc. cannot be used if the confession was obtained in violation of the defendant's Fifth Amendment rights.  There are many possible defenses that may apply in a counterfeiting case, and a thorough defense involves a careful review of the case to determine the best course of action.  If you or a loved one has been arrested or charged with a crime in Los Angeles, contact us now for a Free Consultation with a Los Angeles Criminal Lawyer.  213-375-3775.

Prohibitions against gambling have eased in the past few decades.  Though gambling was once limited to a trip to Las Vegas for most Californians, legalized gambling now has a significant presence in and around Los Angeles County, with various Indian Casinos in the surrounding communities and casinos like the Hustler Casino and Hollywood Park Casino in Los Angeles.  The term "gambling" can involve anything from casinos, card games, street craps games, sports wagers, dog/horse races, and more.  Many instances of gambling are prohibited by California state law under Penal Code Sections 330-337.

Traditional, Vegas-style casinos are only permitted on Indian reservations.  Other betting can be legal, so long as the betting is set up in a lawful manner.  What is required is that those gambling must be betting against each other, not against the house.  This applies to horse races, card clubs (who may advertise themselves as "casinos") and more.  For example, at a race track, someone betting on a particular horse is not betting against the track, but rather betting in a pool with others who are betting on other horses.  Similarly, in a game of poker, the players must be betting against each other, not against the house or the dealer.  Additionally, charitable gaming (like a church bingo night, for example) and the state run lottery are generally exempt from gambling laws in California.  For charitable gambling, only bingo is permitted.  A nonprofit organization cannot circumvent gambling laws and have table games or slot machines, even if proceeds go to charity.

Despite these laws, illegal gambling operations exist in many forms.  Law enforcement in Los Angeles has targeted internet cafes where gambling is popular as well as underground blackjack, poker and dice games.  Additionally, street hustlers who play three card monte (or a variation thereof), dice, etc. can find themselves running afoul of California's gambling laws.  With betting on dog fights and cock fights, some illegal gambling cases can be punished alongside charges involving animal abuse or cruelty.

Gambling has a long and intertwined history with other crimes, including money laundering, organized crime, racketeering, extortion and more.  The state regulates gambling closely for a number of reasons, including an effort to curtail the criminal element, while also providing a strong source of tax revenue.  Most of the major casinos have done their homework with regards to compliance.  Anyone interested in starting a gambling-related business in California should consult with an attorney about the processes and procedures required to safely open, operate and maintain that business.

Some of the possible gambling-related criminal charges in California include:
PC 330 - Conduct Gaming
PC 331 - Permit Gaming
PC 332 - Obtaining money by fraud through gaming
PC 333 - Failure to appear as a witness in a gaming case
PC 337 - Receiving protection money or grant privileges
PC 337a - Accepting/Recording/Making a wager or Bookmaking
PC 337b - Bribing a player/participant to throw a sporting event or pointshaving
PC 337d - Bribing the judge of a sporting event
PC 337e - Accepting a bribe for a sporting official
PC 337f - Doping a racehorse

PC 337a, Pool selling, bookmaking, or wagering, is the most common of California illegal gambling charges.  It is a "wobbler" under California law and can be filed as a misdemeanor or a felony, depending .  Some gambling charges are straight misdemeanors, while others may be straight felonies (which can never be reduced to misdemeanors).  If you or a loved one has been charged with any gambling-related offense, it is important to carefully look at the evidence and the charges and fight for the best possible outcome.  In addition to jail time, a conviction for gambling can affect immigration status (for non-citizens only), professional licensing (real estate license, contractor, law license, medical license, nursing license, insurance license, day care license, etc.).  Gambling defense cases require a keen attention to detail, high intelligence, and a strong desire to get a great outcome for the client.  Contact an attorney who fights hard for his clients and has a strong track record of achieving excellent results.

Contact the Law Offices of Nicholas Loncar now for a Free Consultation with a Los Angeles Criminal Lawyer.  213-375-3775.

Lawndale, CA is a city in Los Angeles County's South Bay region.  Neighboring communities include: Manhattan Beach, Redondo Beach, Torrance, Hawthorne, and El Camino Village.  Lawndale is served by the 405 and 91 Freeways as well as Imperial Highway.  The town is located approximately 5 miles from LAX International Airport.  Lawndale has a population of just over 30,000 residents.  With roughly 60% of the population being Hispanic, Lawndale is not the most diverse community, but is also more diverse than many of its neighbors, with sizable white, African-American and Asian populations. 

Though Rendondo Beach, Hermosa Beach, Manhattan Beach, Torrance and Hawthorne each have their own police force, Lawndale is served by the Los Angeles County Sheriff's Department, who operate the South Los Angeles Station on Imperial Highway.  Criminal cases in Lawndale proceed to the Southwest Judicial District of the LA Superior Court.  This includes the Inglewood Courthouse and Torrance Courthouse.  All criminal matters, both misdemeanor and felony, are aggressively prosecuted by the Los Angeles County District Attorney's Office.

Lawndale sees wide range of criminal cases.  DUI, Drug Crimes, Domestic Violence, Unlicensed Driver and Theft Crimes are among the most common.  In addition, there are violent crimes, gang crimes, homicides, and more.  Being arrested and charged with a crime is a scary process and can have very serious consequences for your present and future.  If you or a loved one has been arrested or charged with a crime, contact the Law Offices of Nicholas Loncar now for a Free Consultation with a Los Angeles Criminal Lawyer.  We can discuss your case and any defenses in detail and make sure that you understand the criminal justice process and that your case is in good hands with our office.

SOME EXAMPLES OF LAWNDALE CRIMINAL CASES INCLUDE:
1.  Albert was convicted of DUI two years ago and placed on three years of probation.  He is pulled over for speeding near his home in Lawndale on his way home from dinner.  At dinner, Albert had two drinks.  The officer could smell alcohol on Albert's breath and asks him to step out of the car.  Albert has already had the ignition interlock device removed from his car and completed his DUI classes, however, he is still on DUI probation.  Albert is asked a series of questions and then asked to perform a series of field sobriety tests.  Despite his previous experience, Albert does comply with the tests as requested.  Additionally, he gives a breath sample at the side of the road.  His BAC reading with the PAS (handheld breathalyzer) is .09.  He is arrested and booked for DUI with a prior.  At the station, Albert is asked to blow again in the larger breathalyzer machine at the station.  Here, he blows a .10.  Albert hires a lawyer to represent him.  Albert is offered a deal to avoid a second DUI conviction, license suspension and jail time, but still wants to take the case to trial.  Albert's DUI attorney sets the case for trial and prepares with an expert witness to assert the Rising BAC defense.  Because Albert drank close in time to when he drove, the alcohol was not yet fully absorbed at the time of driving.  This is why Albert had a higher BAC result at the station.  What this also means is that Albert's BAC was likely lower.  Paired with the lack of swerving or poor performance on field sobriety tests, Albert gets a not guilty verdict on both counts.

2.  Jamie, a Lawndale resident, is arrested for shoplifting while shopping at the South Bay Galleria.  Heading to college in the Fall, Jamie is very concerned about having a conviction on her record.  The items Jamie stole were worth a total of about $150, and are not eligible for reduction to an infraction.  She hires a Los Angeles Criminal Defense Lawyer to represent her in court.  Her lawyer is able to work out a diversion program, whereby Jamie will avoid a conviction on her record.  This is among the best possible outcomes in any criminal case, and theft convictions can be especially damaging with employers, immigration consequences and professional licensing boards.

3.  Jared and Helen live together in an apartment in Lawndale.  They have been in a dating relationship for 3 years.  One night, Jared and Helen get into an argument, neighbors hear glass break and the police are called.  When the police arrive, they ask Helen if there had been any fighting and she says that they were just arguing.  Still, the officers ask to come inside, and separate Jared and Helen.  The two officers question the couple separately so that they can elicit incriminating statements.  The officer questioning Jared tells him that Helen had accused him of throwing a plate at her.  In anger, Jared quickly responded that it was actually Helen who through the plate and that the plate hit him, showing the mark on his shoulder.  At this point, the police arrest Helen and charge her with PC 273.5 (corporal injury to spouse or cohabitant).  Although Jared does not with to "press charges" the DA's office can file charges anyway.  Helen hires a skilled Los Angeles Domestic Violence Attorney to help with her case.  Helen's lawyer reaches out to the DA's office, requesting that the matter not be filed in court, and instead be dealt with informally at an office hearing.  The DA agrees and no charges are filed.  Helen does not end up getting any conviction.

Contact the Law Offices of Nicholas Loncar now for a Free Consultation with a Los Angeles Criminal Lawyer.  213-375-3775.