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AWARD WINNING CRIMINAL DEFENSE LAWYERS

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Domestic Violence

Crimes involving domestic violence are common charges faced by clients of Los Angeles Criminal Lawyer. The consequences of a conviction for a domestic violence charge can be significant, especially if the Defendant has a professional license, is subject to California regulations, is a member of law enforcement, or is a member of the Department of Defense (“DOD”). In Los Angeles, Defendant’s accused of domestic violence can have their bails set between $25,000 and $50,000. Domestic Violence cases are prosecuted very aggressively when compared to other types of criminal charges. It is essential that your LACL attorney have all of the information surrounding the events that led up to your charge so that your attorney has the best chance of having the charges against you dropped. In your initial consultation, we will obtain all of the information relevant to your case, and build a hand-crafted defense for you and your case to avoid the significant impact a domestic violence conviction can have on your life. Below is a list of various domestic violence charges covered by this website, as well as the elements the Prosecution will have to prove in order to obtain a conviction against you.

CHILD ABUSE

  • You willfully caused a child to experience cruel and unusual punishment.
  • The result of your willful conduct caused a traumatic physical condition in the child

When you performed the willful conduct, you were not reasonably disciplining the child

CORPORAL INJURY

  1. You willfully caused physical harm to the victim;
  2. The physical harm resulted in a traumatic condition.
  3. The victim is currently, or once was, an intimate partner of yours.

FAILURE TO PROVIDE CARE

  • You were the parent of the victim;
  • The victim was a minor at the time of the crime;
  • You failed to provide necessary items, actions, for the victim; and
  • Your failure was willful, and not legally excusable.

DOMESTIC BATTERY

  1.  The Defendant touched the Victim;
  2.  The Victim was a “protected person” under §243(e)(1);
  3.  The touching was harmful or offensive; AND
  4.  When the Defendant touched the Victim, the Defendant was acting willfully.

CHILD ENDANGERMENT

  1. You acted willfully by inflicting physical pain or mental suffering unjustifiably on a child;
  2. You acted willfully or negligently in causing a child physical pain, or mental suffering, unnecessarily.
  3. You acted negligently by causing, or permitting, a child in your care to be injured.
  4. You acted negligently by causing a child in your care to be in a perilous situation.

ELDER ABUSE

  1. You willfully caused or permitted an elderly person to suffer unjustifiable mental suffering or pain, or as a result of criminal negligence, you allowed an elderly person to suffer unjustifiable mental suffering or pain
  2. You had care or custody of an elderly person who you willfully caused or as a result of criminal negligence allowed, an elderly person (or an elderly person’s health) to be injured.
  3. You had care or custody of an elderly person who you willfully caused or as a result of criminal negligence placed an elderly person (or an elderly person’s health) in a position where their health is endangered.

Drug Crimes

In California, many drug crimes can be brought as either a violation of state law, or a violation of federal law when the charges involve the possession, trafficking, distribution, or manufacture of a controlled substance. At Los Angeles Criminal Lawyer, we have attorneys who have extensive knowledge of both state drug charges as well as federal charges. Drug crimes can carry significant penalties, and can become even more complex when there are multiple Defendants as the case may be charged as a conspiracy and/or related to organized crime. Below is a list of drug crimes covered by this website, and the elements the Prosecution must prove in order to obtain a conviction against you.

Drug Possession

  1. The Defendant had possession of a controlled substance;
  2. The Defendant knew of the presence of the controlled substance;
  3. You had knowledge about the nature of the substance as a controlled substance; AND
  4. You had a sufficient quantity of the drug, to be used as a controlled substance.

Sales and Transportation

  • You performed one of the actions listed below with an illegal substance:
    • You sold the illegal substance to another person.
    • Provided it to another person.
    • You caused the drug to be administered to another person.
    • You provided the drug to someone for free.
    • You transported the illegal substance for the purpose of selling it.
    • You brought the illegal substance into California.
    • You offered to do any of the acts listed above.
  • You were aware of the presence of the illegal substance.
  • You knew that the nature of the substance was a controlled substance.
  • If you were accused of transporting the substance for the purpose of selling, there was a sufficient quantity of the substance to be used as a controlled substance.

Sex Crimes

Defendants who are charged with a sex crime face severe consequences. In addition to the possibility of the charge being a felony, the penalties associated with sex crimes can be extreme. Further, there is a social stigma associated with someone who has been convicted of a sex crime. Finally, the impact of a sex crime on your future cannot be understated. Most employers will no hire someone with a sex crime conviction. Additionally, a conviction for a sex crime will result in your name appearing on the sex offender registry, which is accessible by anyone who searches you.

Defending a client who has been accused of a sex crime requires a firm that has the resources, experience, and skill to go head to head with the Prosecution. If you have been accused of a sex crime, by anybody, it is critical that you contact Los Angeles Criminal Lawyer immediately. What you do after you have been accused of a sex crime can have a profound impact on the outcome of your case. Having competent representation from the outset of your case will give you the best chance to beat the charges against you. Below are some examples of sex crimes you can be charged with, and the elements the Prosecution must prove to convict you of those crimes.

RAPE

  • You were involved in sexual intercourse with the Victim.
  • At the time of the sexual intercourse, the victim was not married to Defendant.
  • The sexual intercourse was not consensual.

STATUTORY RAPE

  • The defendant had sexual intercourse with the victim;
  • At the time of the intercourse the victim was not married to the Defendant; and
  • At the time of the intercourse the victim was 18 years old or younger.

INDECENT EXPOSURE

  1. You willfully caused your genitals to be exposed in front of other people, who might be annoyed, or offended, by the exposure of your genitals.
  2. When you exposed your genitals, you did it for the purpose of drawing attention to your genital, or for the purpose of gratifying or arousing themselves or another person, or for the purpose of offending someone else.

PROSTITUTION

  • The person being charged was engaged in the act of prostitution; and
  • The person accused of prostitution acted willfully.

SEXUAL BATTERY

  1. The Defendant touched, or caused the Victim to be touched;
  2. The Victim was touched in an “intimate area”;
  3. The touching was without the Victim’s consent; AND
  4. The Defendant touched the Victim in an “intimate area”, or caused the Victim to be touched in an “intimate area” for the specific purpose of sexual arousal, sexual gratification, or sexual abuse.

Theft Crimes

Theft crimes are known as “crimes of moral turpitude”, and can have a significant impact on any professional licenses you hold, or hope to hold in the future. Additionally, a conviction for a theft crime can have a significant impact on your job prospects, and even whether or not you can become a U.S citizen. Below is a list of theft crimes you may be charged with, and the elements the Prosecution must prove in order to convict you.

BURGLARY

  • The Defendant entered a building, be it a commercial, vehicle building, or residence.
  • At the time the Defendant entered the building, they intended to commit theft, or a felony.

THEFT BY FALSE PRETENSE

  1. You intentionally tricked the rightful owner of property with a misleading representation;
  2. You committed that act with the intent of gaining possession and ownership of the property;
  3. The victim allowed you to take possession and ownership of the property because they relied on your false representation.
  4. You committed the act with the goal of convincing the true owner of the property to give you possession and ownership of the property.
  5. The reason the owner let you have ownership and possession of the item is because they relied of your misrepresentations.

ROBBERY

  • You took property that did not belong to you
  • ,At the time of the taking, the property was in the physical possession of another,
  • When you took the property, it was without the consent of the person you were taking it from,
  • When you took the property, it was against the will of the person you were taking it from; and
  • When you took the property from the other person, you accomplished by use of force or fear to keep the person from resisting.

EMBEZZLEMENT

  • You acted with fraudulent intent,
  • when you caused another person’s property to be subject to a conversion; and
  • When you caused the conversion to occur, you were in lawful possession of that property.

THEFT BY LARCENY

  1. You gained possession of somebody else’s property
  2. You took the property without having obtained consent from the owner
  3. When you took the property from the victim, you intended to deprive them of that property permanently; and
  4. You moved the property, even a small distance, or kept the property for a period of time, no matter how brief.

THEFT BY TRICK

  1. You obtained property which you knew was owned by someone else;
  2. The owner of the property consented to your possession of that property as a result of your use of fraudulent or deceitful actions;
  3. When you obtained the property from the victim, you intended to permanently keep that property, or keep it from the true owner for an extended period of time.

Violent Crimes

In California, any crime in which the Defendant used, or threatened to use, force against the Victim is considered a violent crime. Violent crimes are pursued aggressively, and punished severely in California. Since Violent Crimes are pursued so aggressively, it is important to have a dedicated and skilled legal team on your side to represent you with the same zeal.

Below is a list of violent crimes you may be charged with, along with the elements the Prosecution must prove in order to obtain a conviction against you.

CRIMINAL THREATS

  • You intentionally made a threat to another person that you would seriously injure, or kill them;
  • The threat was communicated to the victim
  • The victim was absolutely certain that specifically intended to seriously injure, or kill them; and
  • It was reasonable for the victim to fear for their safety, or the safety of their family.

ASSAULT

  1. The Defendant did an act that by its nature would directly and probably result in the application of force to a person;
  2. The Defendant did that act willfully;
  3. When the Defendant acted, they were aware of facts that would lead a reasonable person to realize that their act by its nature would directly and probably result in the application of force to someone; and
  4. When the Defendant acted, they had the present ability to apply force to a person.

ASSAULT WITH A CAUSTIC CHEMICAL

  1. The Defendant acted willfully;
  2. The Defendant acted maliciously;
  3. While acting willfully and with malice, the Defendant caused the Victim to be contacted by a substance;
  4. That substance was either a caustic chemical or a flammable substance; AND
  5. When the Defendant acted willfully and with malice, the Defendant simultaneously intended to disfigure the body or injure the flesh of the Victim

BATTERY

  1. The Defendant applied physical force, or caused physical force to be applied to the Victim;
  2. The physical force was harmful or offensive in nature; AND
  3. The Defendant acted willfully when they applied, or caused to be applied physical force to another person which was harmful or offensive in nature.

BATTERY CAUSING SERIOUD BODILY INJURY

  1. The Defendant applied physical force, or caused physical force to be applied to the Victim;
  2. The physical force was harmful or offensive in nature;
  3. The Victim suffered Serious Bodily Injury as a result of the force used;
  4. The Defendant acted willfully when they applied, or caused to be applied physical force to another person which was harmful or offensive in nature.

ASSAULT WITH A DEADLY WEAPON

  1. The Defendant engaged in conduct utilizing a deadly weapon other than a firearm, a firearm, a semiautomatic weapon, a machine gun, assault weapon, or a BMG rifle, that would naturally, directly, and probably result in physical force being applied to the person of another; OR
    1. The Defendant engaged in conduct that, by its nature, result in the application of force to another person; AND
    2. The force used would probably result in Great Bodily Injury (“GBI”)
  2. The Defendant engaged in that conduct “Willfully”;
  3. When the Defendant engaged in that conduct, they were aware of sufficient facts that would lead a reasonable person to realize the inherent risks of their conduct; AND
  4. When the Defendant engaged in that conduct, they had the “present ability” to apply the force that would result in GBI.

ASSAULT ON A PUBLIC OFFICIAL

  1. The nature of the act that Defendant performed is the type that would probably and directly result in force being applied to another person;
  2. The act that Defendant performed, was performed “willfully”;
  3. At the time the Defendant engaged in the willful act, they knew of facts that would cause a “reasonable person” to understand that their act would probably and directly result in force being applied to another person;
  4. When the Defendant willfully engaged in the act, with knowledge of the probable results of the act, the Defendant had the capacity to actually apply physical force to another person;
  5. When the Defendant willfully engaged in the act, with knowledge of the probable results of the act, the person assaulted was lawfully engaged in the performance of their official duties; and
  6. At the time Defendant willfully engaged in the act, with knowledge of the probable results of the act, the Defendant “knew or should have known” that the Victim was a “public official” who was engaged in the performance of their duties

BATTERY ON A PEACE OFFICER

  1. The Defendant applied physical force, or caused physical force to be applied to the Victim;
  2. The Victim was a Peace Officer engaged in the performance of their duties;
  3. The Defendant knew the Victim was a Peace Officer engaged in the performance of their duties;
  4. The physical force was harmful or offensive in nature; AND
  5. The Defendant acted willfully when they applied, or caused to be applied physical force to another person which was harmful or offensive in nature.

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