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Hiring the right criminal defense attorney can make the difference between a guilty or not guilty verdict. Every client needs a criminal defense attorney committed to explaining the laws and possible defenses, challenging the prosecutor's case, and relentlessly fighting on behalf of their clients.
Jonathan Franklin Is Available To Assist You In Your Criminal Case
At the Los Angeles Criminal Lawyer Law Firm, we are with you every step of the way from arrest to trial. Contact us 24 hours a day, 7 days a week at 310-502-1314. Our consultations are free.
If you find yourself arrested and facing a DUI or another criminal charge in Los Angeles, or anywhere throughout Southern California, you cannot risk trusting anyone but the most skilled and dedicated defense attorney to handle your case.
The penalties of a criminal conviction often include years in county jail or state prison, heavy fines in the hundreds to thousands of dollars range, years of probation, community service requirements, and in the case of DUIs and certain other driving crimes, loss of your California driving license for years on end.
Furthermore, the creation of a permanent criminal record, especially in DUI and felony cases, becomes a major impediment in finding gainful employment, getting accepted on a college application, or even being approved for an apartment lease. Inexperienced or under-concerned public defenders or "law mills" that don't give your case the personal attention it deserves have a poor track record of winning the best for their clients.
But we at Los Angeles Criminal Lawyer take a different approach. We put the best interests of our clients first in everything we do, from the moment you first pick up the phone to call us for help to the conclusion of your case.
We have been in the business of defending L.A. Area residents against DUIs and a wide array of criminal allegations for over 20 years, have successfully handled over 3,400 cases, and have a hard-earned 99% client satisfaction rate and a perfect-10 Avvo score.CALL NOW
At Los Angeles Criminal Lawyer, we can handle your DUI or criminal defense case from beginning to end. We know how to effectively fight for your best interests at every phase of the criminal defense process, be it at a DMV hearing or in a jury trial.
If you have just been charged, fear you may be under police investigation and charged soon, or if you are switching from another law firm that did not serve you well - we can pick up your case from where you are at and stay with you every step of the way till we reach a satisfactory conclusion.
At your bail hearing, bail will be set if it is determined you are eligible for bail, which most people are unless it's thought you would be likely to flee justice and not appear for your trial.
Oftentimes, we can recommend to you a trustworthy bail bonds agent if you call us first from jail with you allotted phone call, and this often gets you a 20% discount on your bail bond fee.
Getting out of jail before your arraignment and consulting with us to get started on building a solid defense, will help you be better prepared for your arraignment and all that lies beyond in the criminal defense process.
After your arrest, the first court appearance you must make is called your "arraignment." This is the time to enter a plea of "guilty," "not guilty," or "no contest."
You should basically always enter a "not guilty" plea, at least initially. A plea bargain later on might involve pleading "guilty" in exchange for a deferred entry of judgment which could ultimately get your case dismissed and keep your criminal record clean.
At Los Angeles Criminal Lawyer, we always fight first and foremost for a dismissal or acquittal, though we also possess well honed negotiating skills with which we can secure you a favorable plea deal if/when that's the best possible option.
The Pretrial Phase
Most cases in California are resolved in the pretrial phase and never have to actually go to court. Thus, you need a lawyer on your side who understands well this phase of the defense process and has a good track record pretrial.
Pretrial, we can contest that any crime occurred or that there is any probable cause to believe that you may have committed it. We can also enter a PC 1538.5 motion to set aside evidence illegally obtained, a pitchess motion to challenge the credibility of an arresting officer's testimony if he/she has a history of police misconduct complaints, or file other pretrial motions that may get your case dismissed.
In some cases, plea bargains will be hammered out during the pretrial process. But we will never agree to a plea unless it's your best available option and you yourself are agreeable to it.
At Los Angeles Criminal Lawyer, we have a strong track record of winning in court. Our opponents on the prosecution side know this and often drop cases or agree to favorable pleas pretrial to avoiding facing us in court.
But if we do go to a jury trial, we know how to challenge the evidence and arguments of the prosecution, cross examine witnesses they produce, call in our own witnesses, and effectively present exculpatory and/or mitigating evidence in your favor.
A full acquittal is always the goal, but some trials may end in a plea deal as well.
The Sentencing Hearing
If you are found guilty of the offense charged against you, you still have an opportunity to fight for a lighter sentence at the sentencing hearing.
Both prosecution and defense will explain to the judge what they feel an appropriate sentence would be and why. We will present mitigating factors in your favor that could convince the judge to give you something closer to the minimum instead of the maximum end of the penalty scale.
After a DUI or DUID arrest, your license was taken and a pink temporary license (good for 30 days) given you in its place. To get a chance to prevent losing your driving privileges in 30 days, you need to contact the DMV to request an administrative hearing within 10 days of your arrest.
The DMV hearing is not a trial but an administrative process. Nonetheless, it can still result in your losing your license, having to attend DUI School, paying heavy fines, being forced to install and IID (ignition interlock device) at your own expense, and other penalties.
It is important to come to the DMV hearing with expert DUI defense on your side. We will know how to find any weak points in the DUI case against you and use them to get your case dismissed or at least secure a lesser charge/penalty.
Note it is possible to have both a DMV hearing and a DUI trial for the same offense. We have the expertise to represent you well in both. [For more on DUI/DUID defense, see our practice area section just below.]
Unlike some California criminal defense law firms that only possess expertise in a few practice areas, we at Los Angeles Criminal Lawyer have decades of combined experience across a wide range of practice areas.
Here are 10 of our most common case-types, but please note that this is not meant to be an exhaustive list.
In California, "assault" is defined in the state penal code as an "unlawful attempt to inflict bodily injury on another person." It is an attempted act of battery.
The one who commits assault must have had the intention of doing so - there is no such thing legally as an "accidental assault." Plus, the prosecution must also show you had the "present ability" to commit the intended assault. That is, a person crippled and, in a wheelchair, can't be guilty of assault because he was "trying" to walk across the room and break someone's arm, for example.
PC 240 is California's statute on "simple assault," but aggravated assault can also apply and lead to steeper penalties if there was a serious injury inflicted or if the attempted injury would have been particularly severe. Further, you can get a stricter sentence if an assault was made against persons in a protected class, like police officers, the elderly, or the disabled.
At Los Angeles Criminal Lawyer, we understand the details of what does/does not constitute assault under California law. We know how to defend you against this charge. Often, assault is difficult to prove because it's a crime of intent, and we make sure the standard of "beyond reasonable doubt" is upheld in these types of cases.
Under California Penal Code Section 242, any attempt to unlawfully inflict bodily injury on another person in which the perpetrator touched the victim, even if just barely making contact for a moment, counts as "battery."
No actual injury has to be inflicted for a battery to have occurred, though cases in which none did might be able to be plea bargained down to an assault case.
Under PC 243d, there are sentencing enhancements that apply if "serious" bodily injury was inflicted in a battery, and if battery is committed against a police officer, emergency medical worker, traffic control or transportation worker, and certain other protected classes of people, the penalty will likewise be heightened.
Even simple misdemeanor level battery can get you 6 months in county jail and a fine of up to $2,000, while felony and aggravated battery conviction have steeper penalties.
At Los Angeles Criminal Lawyer, we use a variety of effective defense strategies to defend against California battery charges, including: lack of intent, lack of contact, mistaken identity, false accusation, and lack of sufficient evidence to convict.
Domestic violence can take many forms, and it's often the same as assault and/or battery as to the act committed. But what defines domestic violence as domestic violence is the relationship that existed between the perpetrator and the victim at the time of the crime.
Specifically, violent acts attempted or committed (or threatened) against a spouse, former spouse, cohabitant, romantic partner, or the other parent of one's child count as acts of domestic violence. Oftentimes, children are involved in these situations as well, and so child abuse (as well as elder abuse) is sometimes considered to be a form of domestic violence as well.
Domestic violence accusations are made falsely more often than almost any other alleged crime. Often, a false charge of domestic violence is made in an attempt to win a child custody case, for example, or out of a spirit of revenge because a relationship broke apart.
At Los Angeles Criminal Lawyer, we understand how domestic violence charges arise and how to defend against them effectively. We get to the bottom of fabricated or exaggerated charges and ensure you don't lose custody or your child or suffer other negative consequences due to an unjust domestic violence conviction.
In California, a DUI is defined as operating a motor vehicle with a BAC level of .08% or higher, .04% if you are a commercial driver, and as little as .01% if you are under the legal drinking age of 21. Plus, regardless of BAC, if you can be shown to have had your driving ability impaired (even a little bit) because alcohol was in your system, it's still a DUI.
Driving under the influence of drugs (DUID) is punished the same as DUI in California, but there is no special quantity of drugs that must be present as with alcohol, and therefore, it's always a matter of showing that one's mental or physical impairment due to the influence of the drug, caused them to drive with less caution than a sober person would do in the same situation.
A DUI/DUID can lead to a license suspension that lasts from 4 months to 4 years, fines in the thousands of dollars range, DUI School, mandatory installation of an IID at your expense, community service, jail time, and other penalties.
At Los Angeles Criminal Lawyer, we know how to get DUIs dismissed for police violations of your rights or challenge the evidence of the prosecution to gain an acquittal. We also often win a charge reduction, such as to wet/dry reckless driving.
And we know how to effectively fight to get penalties reduced and made more bearable. For example, we often can get actual jail time waived for community service and get you a restricted license to drive to/from work, school, or DUI Class.
Aside from DUI and DUID, there are many other misdemeanor and even felony level driving crimes you can be charged with in California.
At Los Angeles Criminal Lawyer, we have deep experience in all of these driving crime practice areas, including: road rage, evasion of an officer, hit and run, (wet or dry) reckless driving, driving on a suspended license, driving without a valid California license, driving on the wrong side of the road, and more.
Some of the more serious driving crimes can cause you to lose your license, subject you to heavy fines, or even result in jail or prison time. But even the less severe misdemeanor driving crimes can put points on your driving record that might lead to license loss or to being classed as a Habitual Traffic Offender (HTO). HTO status can last for years, and it means any new serious violations while HTO status applies will be punished more severely than normal.
At Los Angeles Criminal Lawyer, we are familiar with both the DMV and jury trial aspects of all manner of California driving crimes defense processes. We know how to build you a solid defense for any and all of these charges regardless of your prior driving record or the details of your case.
In California, there are a great variety of possible drug crime charges, each of which has its own very specific legal definition and requires a unique approach by the defense attorney.
We at Los Angeles Criminal Lawyer, we have minute knowledge of all relevant portions of the California Penal and Health & Safety Codes as they apply to drug crimes. We have successfully defended numerous others against the full gamut of drug crimes charges in the past, and we stand ready to do the same for you.
Whether it's simple possession of a controlled substance, using or being under the influence of an illegal drug, or a more serious crime like possession for sale, drug sale or trafficking, or manufacture of illegal narcotics, we have the time-tested expertise it takes to win your case.
Marijuana use is still illegal in California for those under the age of 21 or in quantities over one ounce (8 grams). And wrongful possession, sale, or use or legal prescription drugs also counts as a class of drug crime.
Having any kind of controlled substances abuse charge on your criminal record can make it difficult for you to live "a normal life" as in find a good job, attend college, and pursue other endeavors. Therefore, it is worthwhile to use a skilled defense lawyer to counter even the least serious drug charges.
We have a long and strong track record of securing pretrial dismissals, acquittals, and favorable pleas that reduce your charge and/or sentencing elements, for all subclasses of California drug crimes. We will know how to defend you or your loved one who has been arrested and charged with any drug crime on the books.
Los Angeles Criminal Lawyer has deep experience in defending against a wide range of theft crimes in the L.A. Area and throughout Southern California.
Any illegal taking of the property of another person without his/her knowledge and consent is a theft under California law.
Whether it's petty theft (under $950 taken), grand theft ($950 or more stolen), receiving of stolen property, appropriation of lost property, burglary, shop lifting, robbery, car jacking, grand theft auto or firearm, we have handled many such cases before and understand the law, legal processes, and courtroom dynamics involved.
Typical defenses against theft crimes include: did not take the property in question, you were the true owner of the property or had a reasonable belief that you were, and lack of intent to deprive the owner of his/her property. But there are many other possible defenses, suited to particular theft crime charges, and we know how to build your defense from the ground up based on the details of your case as well.
At Los Angeles Criminal Lawyer, we frequently win dismissals and acquittals on all manner of theft crime charges, and where that is not possible, we win a reduced charge/sentence as part of a favorable plea agreement.
Fraud is a special class of theft crime in which not only did you unlawfully take property not belonging to you, but you also committed an act that enabled you to enjoy an undeserved benefit and/or caused an undeserved loss to another person or to a company or government agency.
Fraud may also involve the violation of a trust, as in embezzlement; and most fraud crimes are committed for the sake of financial gain or to hide one's identity or otherwise escape conviction for some other crime already committed.
Although fraud is considered a "white collar" crime, in fact, many charged with a fraud crime are in the lower economic tier. Examples of fraud crimes include: forgery, embezzlement, insurance fraud, real estate or mortgage fraud, check fraud, credit card fraud, identity theft, Internet fraud, senior fraud, mail fraud, and many more.
Many fraud crimes are punishable by years in jail or state prison and hefty fines, and the damage done to your reputation could make it difficult to hold a good job or lead to the loss of your state-issued professional license. Thus, these charges are serious and require a skilled defense lawyer with deep experience in the exact relevant practice area, to secure the best possible outcome to your case.
In California, even non-violent crimes can have severe penalties, but when a crime is of a violent nature, it will receive even more severe and long-lasting sentencing elements.
Plus, under California's Three Strikes Law, violent crimes often count as "strikes." A second strike leads to a doubled sentence, and a third strike can get you 25 years to life in state prison. Keeping violent felonies and all "strikes" off your record in California is clearly of the highest importance.
Examples of violent crimes under California law include: murder, manslaughter, assault and/or battery, making criminal threats, extortion, car jacking, assault with a deadly weapon, arson, domestic violence, kidnapping, stalking, robbery, crimes committed with a firearm, and others.
Some violent crimes can get you long prison terms, life in prison, or even the death penalty. These are the most serious of all charges you can face in a California court, and you can't afford to be without the absolute best possible defense.
At Los Angeles Criminal Lawyer, we will fight for your future tenaciously and apply the full force of our extensive legal knowledge and experience in your behalf. We have a long track record of winning these types of cases, and we look forward to helping you in your hour of need as well.
It's not at all uncommon for minors to be arrested and charged with criminal offenses in California. But in most cases, they can have their cases handled in the California Juvenile Court system and get less severe sentences plus correctional assistance to help avert a repeat offense - even in those cases where a dismissal or acquittal isn't a realistic outcome.
But of course, we fight to defeat the charge against you or your son/daughter just like with adult cases. And we have gotten many juvenile cases dismissed for lack of evidence, by presenting positive evidence in our client's favor, or by citing police violations of the minor's rights.
The most common criminal charges faced by juveniles in California include: theft crimes, underage drinking, underage DUI/DUID, underage marijuana use, vandalism, hate/gang crimes, weapons violations, sexting nude images of minors (including themselves) which is considered child pornography, and statutory rape (when both parties involved in sexual intercourse consensually were under 18.)
At Los Angeles Criminal Lawyer, we are fully familiar with how to navigate the juvenile court system and with how to defend minors against all manner of criminal charges so as to secure for them the best possible outcome to their case, an outcome that won't destroy their whole future.
Sex crime charges such as lewd conduct are some of the common criminal offenses we handle at the Los Angeles Criminal Lawyer. Similar to other sex crimes, lewd conduct can carry stiff penalties, and a person can be charged wrongly. If you are facing these charges, get in touch with us so that we can help build a strong defense for you and possibly have the charges dropped or penalties reduced.
Lewd conduct is any act that is sexual in nature and is considered stunning, indecent, or disgusting to a normal person. Some of the acts described as lewd are:
The law on lewd acts is found under PEN 647a. A person is accused of violating lewd conduct law when:
In order for a person to be convicted of this crime, the prosecution must prove the following facts:
The above aspects are also known as the elements of the crime, and we discuss them in detail below:
As earlier mentioned, these are dissolute acts found under PEN 647a. They refer to fondling or touching of privates parts of the offender or another person in public for sexual gratification. These acts are also intended to annoy other people, and for them to be a crime, they must be conducted in public. Let’s look at these elements in detail below.
Pen 647a does not expressively discuss intent. However, it prohibits a person from doing dissolute or lewd acts in public. With regard to the traditional description of lewd conduct, the courts have understood the language to mean activities that are sexual in nature.
According to a particular appellate court, the challenge is if a normal person can comprehend with certainty that their conduct is prohibited. Any activity performed without the intention to annoy or arouse is not illegal according to PEN 647a.
For instance, if you had a previous engagement and you were somewhere playing basketball. You ran late and decided to use a bathroom for the public to freshen up and avoid getting late for your meeting. In the process, you may decide to remove your pants to clean up your genitals. Should an undercover officer notice you holding your genitalia, they may arrest you and assume you were masturbating in public. However, due to the fact that you had no intention to annoy or arouse another person, you are innocent of lewd acts.
Even so, you must establish your reasons for doing that, and they should be innocent and believable. The burden of proof is on the prosecution to convince the court that your actions had unlawful intentions. This is not very easy for the prosecution unless the circumstances surrounding your behavior show clean intent.
In order for you to have violated PEN 647a, the lewd act must happen in:
The courts of California further gave a broad description of the public place. Some of the places that are considered public, though not limited to these are:
Some areas such as your home, closed business premises, or hotel rooms are not open to the public because they give privacy to the people involved. However, even as these locations are viewed to be private, during the act, the blinds or curtains should be shut. If open and the public can see, the conduct can then become a criminal offense.
In California, it is not entirely illegal to get involved in a sexual activity publicly. However, if there is a third party that will probably get offended by the act, it becomes illegal. If the perpetrator is aware of this fact and proceeds with the act, they will be prosecuted for lewd conduct.
Under PEN 647a, the main purpose of the law is public protection from the offensive nature of the conduct. In case the action happens at a location open for people to see, and no person is present to feel offended, the state will not be bothered to prohibit the act.
Apart from the probability of being noticed, there actually must be a likelihood that a third person is present. The upside of this is that in most instances, individuals arrested under PEN 647a are innocent by fact; even when the persons publicly engaged in sexual activity, they had reason to believe that:
Violating PEN 647a is charged as a misdemeanor offense with a maximum punishment of:
In some instances, the judge can also grant an informal or summary probation. Some of the conditions for informal probation are:
It is important to know that even when convicted of lewd conduct, the perpetrator does not need to be registered as a sex offender. Unfortunately, many prosecutors opt to charge it alongside indecent exposure charges that attract the need to be registered as a sex offender. Some will even ask that you accept guilty charges of indecent exposure and in return, they drop the lewd conduct charges.
When presented with such a deal, many defendants get attracted to accept the deal because they fear a conviction once the case goes on trial, and the outcome will be unbearable.
In order to arrest individuals performing lewd acts, most police operate undercover. For instance, the undercover officer can pretend to be gay. He may look for a convenient place like a bathroom in the park and waits for a man that seems gay to come by. The undercover officer is usually not in uniform and starts flirting with the other person. He keeps eye contact and may even touch himself in an effort to seduce the other person.
All this is an act to flush out the other person to agree and expose himself or herself to a sexual encounter. If the other man accepts to do any of these or starts doing them, he is immediately arrested for the offense.
Police can also have a discreet surveillance camera in a public place to monitor the conduct of individuals. If a cop sees individuals carrying on an indecent act from the camera, the officer can move in and arrest them.
In both these examples, the persons arrested believed that no person was present that would find offense in their behavior. In a case where the undercover officer was flirtatious, the person arrested had no way of knowing that their actions would offend. This is because they were doing the same. Even when the sexual act was done in a public place; they reasonably believed that they were not offending anyone. As such, they are not in violation of PEN 647a.
Most sting operations are set up in public areas by the police. Some common places include:
The police defend the undercover sting operations by claiming they are done due to multiple complaints from the public.
In most cases, when a person is arrested, the officer will issue a citation for them to make a court appearance. In other instances, the police can opt to arrest, take fingerprints, and book the offender then release him or her with a citation to appear in court.
Regardless of how the arrest was made, the moment you get a citation, get in touch with a defense attorney immediately. Normally, between the arrest and when the case is reviewed, there is a gap. If you have a lawyer, he or she can arrange an appointment with the District Attorney to try and convince them against filing the charges.
Additionally, because of the charges being a misdemeanor, you will not have to attend court, but your lawyer can represent you. This gives you the freedom to continue doing other things that you need to. Once you go on trial, your lawyer is able to get all the police records and evidence against you from the prosecutor.
Your lawyer will start by inspecting the location where the action happened. The lawyer will further investigate the arresting officer to understand his credibility. Additionally, evidence will also be gathered from others that have arrested similarly from the same location. This is done to identify any weakness in the prosecutor’s case against you. If a weakness is established, your lawyer can use that to get the charges dismissed.
In some cases, the district attorney can ask the offender to plead guilty to a lesser charge such as trespassing under PEN 602 so that they may drop the lewd conduct charges. Many people facing lewd conduct charges prefer to take the plea because they feel embarrassed to be prosecuted for lewd conduct.
If negotiations before a trial fail, the case proceeds to trial with a jury. Most PEN 647a violation cases usually get a verdict of not guilty.
Common defenses that a lawyer can use depend on the circumstances that the act was committed and arrest made. Some of the most common defenses that a lawyer is likely to use include:
Should you not have been involved in the act you were arrested for; then you cannot be guilty of the same. The burden is always upon the prosecutor. He or she must prove to the court that you were involved in a lewd act.
Maybe you were in need of urinating, that is why you were touching your genitals. You could also have been cleaning yourself up, or your private area was itchy, and you were scratching. Regardless of the reason you touched yourself, the prosecutor must prove that you had a sexual intent when you did it. If they can’t do it, you are innocent of lewd conduct.
This defense tactic is commonly used to defend alleged offenders. Unless it is proven that you knew and were aware of the presence of a person that would get offended of the act, you cannot be guilty of PEN 647a violation.
It is not a crime to engage in sexual acts on private premises unless it is open for the public to view. If the place was not accessible to public viewing, you are innocent of lewd behavior.
Under the entrapment laws of California, the police are forbidden from inducing law-abiding individuals to engage in criminal activity that under normal circumstances they would not have. This may include the use of force or pressure, harassment, flattery, or threats. However, initiating a crime or creating an opportunity where crime can be committed is not entrapment.
In some cases, the prosecutor may decide to bring the charges of indecent exposure alongside the lewd conduct charges. If convicted of indecent exposure, the penalties are more severe, and the defendant will be required to register as a sex offender. Indecent exposure happens when a person intentionally exposes their genitals to a third party that gets offended. The exposure must also be for sexual gratification for it to be a crime.
Most of the time, the prosecution will refuse to dismiss charges on lewd conduct. However, they may require the offender to plead to lesser charges of trespassing. In California, trespassing under PEN 602 makes it illegal to enter the property of another person without their permission.
This is also another offense commonly used for a plea bargain. The law under PEN 415 prohibits:
The law prohibits an adult from touching a child for sexual gratification. The act is not limited to the location where it happens, but as long as it happens. It involves touching or asking the child to touch your private parts for sexual intent.
It is a felony to commit lewd acts with a minor. During prosecution, the age of the child and the criminal record of the perpetrator is taken into consideration. The penalties for this offense are severe in addition to registering as a sex offender.
This law is designed to protect the third party from individuals that will be peeping at them for sexual gratification. Most violations for peeping toms are misdemeanors, and the offenders will likely face the following if convicted:
Sex crimes are some of the most common crimes that you can be charged with. These offenses usually carry some of the stringent punishments under the law, including registration as a sex offender in some instances. If you are facing charges such as lewd conduct in Los Angeles, get in touch with the Los Angeles Criminal Lawyer at 310-502-1314. With our many years of experience in criminal defense and in-depth knowledge of the California criminal law, we are ready to help you find a favorable outcome in your case.
Manslaughter is killing another human being without prior planning or premeditation. A manslaughter charge is taken seriously and carries harsh consequences such as hefty fines, serving time in prison, a strike on your record, revocation of your driver's license, and probation. If you are facing manslaughter or related charges, we invite you to seek our criminal defense services at the Los Angeles Criminal lawyer.
Although both murder and manslaughter are similar in nature, manslaughter is a less serious crime. While murder requires malice, manslaughter is the illegal killing of a person without malice.
Malice happens when you respond with an intention to kill or implied malice. However, when you kill somebody else in a quarrel or heat of passion, the law presumes that you did not respond with malice.
There are three forms of manslaughter in California, namely:
Under California Penal Code Section 192 PC, a defendant commits voluntary manslaughter when they kill another person:
To kill somebody else in the heat of passion or a sudden quarrel means:
In respect to Penal Code Section 192a PC, the heat of passion is any intense or violent emotion that makes an individual act rashly. If between the moment you're provoked, and the moment you kill, you've adequate time to relax and regain the capability to think realistically, then you are likely to be found guilty of a planned murder.
The law has not defined the set standards for what establishes sufficient provocation. Nonetheless, it is agreed that it cannot be remote or slight.
The provocation should be so persuasive that it would make an average individual in a similar state of affairs to respond emotionally instead of logically. How a defendant responded is only justified if it's how an average fictional individual would have responded.
If charged with voluntary manslaughter, you risk serving a three (3), six (6), or eleven (11)-year sentence in prison. A conviction could also attract the penalties below:
A strike on your criminal record under the Three Strikes Law, which could increase the penalties if you have a previous felony or are convicted of a felony in the future. The increased penalties are as follows:
Discussed below are the possible defenses to Penal Code Section 192(a) that your competent criminal defense attorney will use:
The self-defense law justifies a defendant killing another individual when the defendant kills to defend themselves or another person from suffering severe bodily hurt, being killed, raped, robbed, maimed or the alleged victim of other atrocious and forcible offense. This law allows you to use any method that is reasonably essential to defend against this kind of harm.
Imperfect self-defense is when a defendant kills somebody else because:
Imperfect self-defense doesn't relieve you from criminal accountability altogether. Instead, it is a mitigating factor that reduces murder charges to voluntary manslaughter.
If you kill another human being because you do not understand your act's nature and cannot tell what is right, you could have a right to a ruling of innocence by virtue of insanity. Governed by the M'Naghten test, the insanity defense excuses the otherwise crime.
You cannot be convicted of violating Penal Code Section 192 a PC when you accidentally kill a person. Accident only applies as a legal defense when you:
It is worth remembering that Penal Code Section 192a in itself is a defense to a murder charge. That means, if accused of murder, you could argue that you acted during a quarrel and have your penalties reduced significantly.
Under California Penal Code Section 192b PC, involuntary manslaughter occurs when you kill somebody else unintentionally, either:
To present evidence that you are guilty of Penal Code Section 192b PC, the prosecution should prove the facts of crime below beyond any reasonable doubt:
For instance: John wants to watch a football match. So he goes to a sports bar and sits next to Jeff, who is a tennis enthusiast. As John's game is about to kick off, Jeff asks the bartender to switch the TV channel to the channel showing tennis.
John politely asks Jeff to switch the TV channel to the football match but is ignored. As a result, John takes off a gun which is a California misdemeanor as a way of threatening Jeff to change the channel.
When Jeff sees John displaying the gun, he unexpectedly jumps at John and takes the weapon from him. Consequently, the gun accidentally goes off, kicking Jeff. Although John didn't purpose to kill Jeff, the fact that Jeff is shot and dies while John was committing a California misdemeanor that makes involuntary manslaughter the most suitable charge in this case.
Involuntary manslaughter takes place only when you do something wrong. The wrongful behavior could be:
If a defendant kills a person while committing a California felony, which is considered inherently dangerous, they won't be convicted of PC 192b. Instead, they will be convicted of murder according to felony-murder law.
Irrespective of whether you're accused of PC 192b established on an underlying legal act or offense, the prosecution should prove that the defendant performed with criminal negligence.
Criminal negligence goes beyond inattention, error in judgment, or normal carelessness. It happens when:
You act in a careless manner that leads to an increased risk of severe bodily hurt or death, and
Any reasonable person should know that acting that way would lead to that kind of risk
Your conduct is said to have caused somebody else's death if the death was the
Involuntary manslaughter founded on failing to do a legal duty is a type of Penal Code 192b that has another legal definition. The facts of crime include:
The question of whether you have a lawful duty to another person is something that should be determined only by the judge.
Relationships that may lead to a legal duty include:
Involuntary manslaughter in California is a felony. It attracts penalties such as:
Moreover, if you kill another person with a gun or other deadly weapon accidentally and later get convicted of Penal Code Section 192b, that conviction will carry a strike under Three Strikes Law.
Generally, the offense in question also triggers a civil lawsuit by the victim's family. When successful, you could face huge civil penalties.
When a person dies, especially in a mysterious way, the police and prosecution team will undoubtedly be involved. They will also want to blame a person. Consequently, they will rush investigations or even jump into conclusions, and leave innocent persons defending themselves against PC 192b charges.
Luckily there are numerous defenses to the charges that your proficient attorney can use. They include:
All involuntary manslaughter cases are accidental in one way or the other. This is because they involve circumstances where the accused didn't intend to kill another person. However, if you were not committing any unlawful act (wasn't acting with criminal negligence), then the defense of accident could be used to the charges in question.
For this legal defense, your criminal defense lawyer should be in a position to prove that you:
In some cases, what looks simple, the law enforcers make a quick decision as far as death is concerned. Then they present the case to a prosecutor who believes their side of the story. This one of the reasons why having a lawyer by your side is essential.
Your lawyer will conduct an investigation. They will also invest resources and time in reexamining proof presented, interview witnesses and then engage independent forensic experts who will uncover what transpired.
Likewise, people falsely blame others for violating involuntary manslaughter laws. It could be a person who wants to get revenge against you or the deceased's loved one who wants to minimize the victim's role in their death by holding another person accountable.
It is, therefore, vital to hire an attorney experienced with homicide cases. This is because the attorney knows the stakes as well as the importance of technical details.
This legal defense only applies when all the facts below are true:
If your criminal defense attorney can prove all the above statements, then you aren't guilty of violating PC 192b.
Unlike the previously discussed types of manslaughter, vehicular manslaughter happens while you're driving a vehicle. The consequences attracted by Penal 192c depend on whether you acted with ordinary or gross negligence.
For you to be found guilty of vehicular manslaughter with gross negligence, the prosecutor should prove the following:
Gross negligence goes beyond ordinary inattentiveness, a mistake in judgment, or carelessness. It happens only when: An individual acts in a reckless manner which creates an increased risk of severe bodily injury or death, and A reasonable individual would have known that acting that way could create that risk.
PC 192(c)(1) is a California wobbler. That means it can be charged either as a felony or misdemeanor depending on your record and the facts of the case. If charged with a misdemeanor, you will face the following consequences:
If charged with a felony, you are likely to face:
The following are the elements of PC 192(c)(1) that a prosecutor must prove beyond any doubt:
Ordinary negligence means the defendant did not use reasonable care to stop reasonably foreseeable injury to another person.
Ordinary/misdemeanor vehicular manslaughter is punished by:
PC 192(c)(3) is another type of vehicular manslaughter. It happens if you accidentally kill another while intentionally wrecking your car to commit insurance fraud. The elements of the crime include:
PC 192(c)(3) is a California felony, and it attracts a four, six, or ten-year sentence in California state prison and a fine of $10,000.
If charged with any form of vehicular manslaughter, the California Department of Motor Vehicles will revoke the defendant's driver's license. Also, the defendant won't be in a position to get the license reinstated for three years from the revocation date.
If you operate a car during the duration when the license is revoked, you risk facing driving on a suspended license charge.
If you have been accused of manslaughter, it is essential to understand how serious the penalties of a conviction are. Not only will you serve time in jail or prison and forced to pay huge fines but also your career and reputation may be altered for good. For this reason, you should speak with qualified attorneys at Los Angeles Criminal Lawyer. For many years we have defended clients in Los Angeles, and we are ready to use this experience to work for you. Call us at 310-502-1314 to set up your initial consultation.
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