America is different than Europe and the rest of the world in many ways. When it comes to alcohol, one big difference is the legal age an individual can purchase and consume alcohol. In California, a person must be 21 to purchase and consume an alcoholic beverage. Moreover, being a minor and possessing an alcohol beverage in public could lead to a criminal charge.
California Business and Professions Code section 25662 prohibits minors, under the age of 21, from possessing an alcoholic beverage in any public place. The short term for this offense is "MIP," minor in possession. A MIP is a misdemeanor, meaning that it carries potential ramifications on a person's criminal record. One cannot go to jail, but there is the possibility of significant community service hours.
Not as well-known is the penalty related to a person's driver's license. Pursuant to California Vehicle Code section 13202.5, a person convicted of MIP will face a one-year license suspension, or a one-year delay in obtaining a driver's license. Each subsequent offense carries an additional year of suspension or delay. Thus, a person convicted will not only face a fine, community service, criminal record, and a license suspension, he or she will also be burdened with trying to find transportation to and from obligations.
Like with every criminal charge, there are available defenses that could result in a dismissal. An illegal search or seizure, i.e. no probable cause, will be favorable to a defendant. Also, there are written exceptions to MIP. A person working as a waiter or server cannot be convicted if he or she is performing duties related to their employment.
Perhaps the most magnanimous decision by the legislation was to add immunity to a minor who calls 911 for purposes of aiding a minor who needs medical attention due to alcohol consumption. It is a wise amendment because it saves lives; the law encourages individuals to seek help, instead of trying to avoid criminal prosecution.
There are some common sense requirements for the immunity to be applicable. The caller must be the first caller to 911. So if there is a party, not every single minor will receive the benefits of the law, if each one calls separately. The caller must also stay on the scene and cooperate with law enforcement or medical emergency personnel.
A minor in possession charge is a misdemeanor with serious consequences. If you, or someone you know, is charged with MIP, contact an experienced criminal defense attorney for assistance.
Showing posts with label Criminal Defense Attorney. Show all posts
Showing posts with label Criminal Defense Attorney. Show all posts
Monday, June 13, 2016
Saturday, March 12, 2016
The Power of Impeachment in TV's People v. O.J. Simpson
Twenty years have passed since the O.J. Simpson trial led to an acquittal. The sensationalism of the trial made the case one of the most watched in the 20th century. A beloved sports hero, actor, and celebrity was the "star" of the court proceedings. Everyone had an opinion as to whether O.J. was guilty or innocent.
Almost the same notoriety went to his team of attorneys, appropriately called the "Dream Team." Together, they faced incredible evidentiary odds to secure a "not guilty" for their client. The leadership of Johnny Cochran, exquisite trial attorney, was inspiring for the criminal defense bar. Remember: everyone, no exceptions, deserves due process and an effective defense at trial.
The miniseries on FX, The People v. O.J. Simpson, makes for good television. While it does not accurately portray the case in its entirety, it does hit home what the defense wanted to accomplish. At one point in the series, Courtney B. Vance, who plays Mr. Cochran, perfectly explains the objective for trial. The defense must tell the better story. "Whoever can tell the better story will win the case."
In real life, attorneys must do the same. The narrative and theme is important. It helps the jury weigh the evidence and come to a decision.
During the time of O.J. Simpson's trial, Los Angeles was still trying to recover from the Rodney King riots. Only a couple of years had passed when LAPD officers had beaten a black man on video and then were subsequently cleared of wrongdoing. Racial tensions were high. The Los Angeles Police Department were still dealing with institutional racism.
Knowing this, the Dream Team concocted a winning theme. Question the validity of all evidence gathered by the LAPD, and hit home the unmistakable fact: O.J. Simpson is a Black-American who was facing accusations from predominantly white police officers, some of whom were suspected of holding racial prejudices.
It goes without saying that not all police officers who worked on the O.J. Simpson case were racists, or had prejudice in their hearts. However, one detective on the case, Mark Fuhrman, was said to have used the N-word on many occasions. There were rumors that he collected Nazi paraphernalia.
At trial, these facts were put to use. When Detective Fuhrman testified, F. Lee Bailey, one of Mr. Simpson's defense attorneys, "impeached" him. Impeachment is a tool used by attorneys to undermine the credibility of the testimony being given. It helps the jury decide whether they should trust what the person is testifying to. There are many ways of impeaching a witness. One way is to point out the inconsistencies in the testimony.
Detective Fuhrman flat-out denied that he had ever used the N-word. Without much effort, the defense was able to provide evidence that he had indeed used the word before. This immediately caused the jury to question his reliability. Not only on the question of whether he had ever used racially-charged language, but whether he had lied about the evidence collected at the scene of the crime. The blood, the gloves, and other physical evidence used by the prosecution were undermined.
The impeachment of Detective Fuhrman fit the Dream Team's theme. Could the LAPD be trusted, given their racial history? Would a racist cop try to frame a black celebrity? What if the prosecution's evidence was tainted? All these questions led to reasonable doubt. And reasonable doubt is all a defense needs when a defendant goes to trial.
Almost the same notoriety went to his team of attorneys, appropriately called the "Dream Team." Together, they faced incredible evidentiary odds to secure a "not guilty" for their client. The leadership of Johnny Cochran, exquisite trial attorney, was inspiring for the criminal defense bar. Remember: everyone, no exceptions, deserves due process and an effective defense at trial.
The miniseries on FX, The People v. O.J. Simpson, makes for good television. While it does not accurately portray the case in its entirety, it does hit home what the defense wanted to accomplish. At one point in the series, Courtney B. Vance, who plays Mr. Cochran, perfectly explains the objective for trial. The defense must tell the better story. "Whoever can tell the better story will win the case."
In real life, attorneys must do the same. The narrative and theme is important. It helps the jury weigh the evidence and come to a decision.
During the time of O.J. Simpson's trial, Los Angeles was still trying to recover from the Rodney King riots. Only a couple of years had passed when LAPD officers had beaten a black man on video and then were subsequently cleared of wrongdoing. Racial tensions were high. The Los Angeles Police Department were still dealing with institutional racism.
Knowing this, the Dream Team concocted a winning theme. Question the validity of all evidence gathered by the LAPD, and hit home the unmistakable fact: O.J. Simpson is a Black-American who was facing accusations from predominantly white police officers, some of whom were suspected of holding racial prejudices.
It goes without saying that not all police officers who worked on the O.J. Simpson case were racists, or had prejudice in their hearts. However, one detective on the case, Mark Fuhrman, was said to have used the N-word on many occasions. There were rumors that he collected Nazi paraphernalia.
At trial, these facts were put to use. When Detective Fuhrman testified, F. Lee Bailey, one of Mr. Simpson's defense attorneys, "impeached" him. Impeachment is a tool used by attorneys to undermine the credibility of the testimony being given. It helps the jury decide whether they should trust what the person is testifying to. There are many ways of impeaching a witness. One way is to point out the inconsistencies in the testimony.
Detective Fuhrman flat-out denied that he had ever used the N-word. Without much effort, the defense was able to provide evidence that he had indeed used the word before. This immediately caused the jury to question his reliability. Not only on the question of whether he had ever used racially-charged language, but whether he had lied about the evidence collected at the scene of the crime. The blood, the gloves, and other physical evidence used by the prosecution were undermined.
The impeachment of Detective Fuhrman fit the Dream Team's theme. Could the LAPD be trusted, given their racial history? Would a racist cop try to frame a black celebrity? What if the prosecution's evidence was tainted? All these questions led to reasonable doubt. And reasonable doubt is all a defense needs when a defendant goes to trial.
Monday, February 8, 2016
Preliminary Hearings in Felony Cases
A lot of our blog posts touch upon the subject of criminal procedure. The reason: defendants should be aware of what is going on in their case. Too often, defendants are ignorant of what they must accomplish to be cleared of the charges against them. Knowing the different burdens of proof, obstacles, and objectives will only assist the attorney in his or her representation.
With that preface, let us discuss preliminary hearings, commonly referred to as "prelims." A felony case begins with a complaint being filed. A complaint lists out allegations, or criminal charges, against the defendant. Once the defendant is arraigned, where the court explains the charges against the defendant and asks the defendant to enter a plea of guilty or not guilty, a preliminary hearing is set within ten days, unless time is waived (a time waiver allows hearings to be scheduled further out).
A prelim is a probable cause hearing. A judge, or magistrate, hears evidence and then determines whether there is sufficient probable cause to find that the defendant must "be held to answer." Held to answer is a legal term, which means that there is enough evidence for the defendant to stand trial for the charges itemized in the complaint.
The court may dismiss some charges (even all, at times), however, if he or she believes that there is insufficient probable cause. Probable cause is a lower burden to meet than proof beyond a reasonable doubt. Probable cause is met when there are facts that would lead a man of ordinary care and prudence to believe and hold a strong suspicion that the defendant is guilty of a crime.
It is not enough if the prosecutor can only prove some of the "elements" of the crime. All elements of the charged crime must meet the threshold of probable cause, or the charges must be dismissed.
At the defendant's preliminary hearing, an attorney may be present. Most constitutional rights that would apply at trial are also applicable at preliminary hearing. A defendant may cross examine prosecution witnesses. Evidence may also be presented by the defendant to negate an element of the charged crime. There is also a right to discovery, where the prosecution must disclose all exculpatory (helpful) evidence.
Strategically, an attorney may feel that a preliminary hearing is futile, but insist that one take place anyway. Why? He or she will get an opportunity to hear a preview of the prosecution's case against the defendant. It helps prepare the defense attorney for trial. Another reason: an attorney may want to impeach a witness at trial, when there is a likelihood that the witness will testify differently at preliminary hearing. Other times, an attorney may advise that the defendant waive his right to a preliminary hearing --like when there is plenty of evidence to find probable cause.
Defendants should always consult with a criminal defense attorney prior to the preliminary hearing. As stated above, there is a possibility that the case will be dismissed at preliminary hearing. But, more likely than not, if a defendant is not prepared or ready, he or she will "lose" at the preliminary hearing. Thus, a diligent defendant will seek out representation before he or she goes forward to prelim.
With that preface, let us discuss preliminary hearings, commonly referred to as "prelims." A felony case begins with a complaint being filed. A complaint lists out allegations, or criminal charges, against the defendant. Once the defendant is arraigned, where the court explains the charges against the defendant and asks the defendant to enter a plea of guilty or not guilty, a preliminary hearing is set within ten days, unless time is waived (a time waiver allows hearings to be scheduled further out).
A prelim is a probable cause hearing. A judge, or magistrate, hears evidence and then determines whether there is sufficient probable cause to find that the defendant must "be held to answer." Held to answer is a legal term, which means that there is enough evidence for the defendant to stand trial for the charges itemized in the complaint.
The court may dismiss some charges (even all, at times), however, if he or she believes that there is insufficient probable cause. Probable cause is a lower burden to meet than proof beyond a reasonable doubt. Probable cause is met when there are facts that would lead a man of ordinary care and prudence to believe and hold a strong suspicion that the defendant is guilty of a crime.
It is not enough if the prosecutor can only prove some of the "elements" of the crime. All elements of the charged crime must meet the threshold of probable cause, or the charges must be dismissed.
At the defendant's preliminary hearing, an attorney may be present. Most constitutional rights that would apply at trial are also applicable at preliminary hearing. A defendant may cross examine prosecution witnesses. Evidence may also be presented by the defendant to negate an element of the charged crime. There is also a right to discovery, where the prosecution must disclose all exculpatory (helpful) evidence.
Strategically, an attorney may feel that a preliminary hearing is futile, but insist that one take place anyway. Why? He or she will get an opportunity to hear a preview of the prosecution's case against the defendant. It helps prepare the defense attorney for trial. Another reason: an attorney may want to impeach a witness at trial, when there is a likelihood that the witness will testify differently at preliminary hearing. Other times, an attorney may advise that the defendant waive his right to a preliminary hearing --like when there is plenty of evidence to find probable cause.
Defendants should always consult with a criminal defense attorney prior to the preliminary hearing. As stated above, there is a possibility that the case will be dismissed at preliminary hearing. But, more likely than not, if a defendant is not prepared or ready, he or she will "lose" at the preliminary hearing. Thus, a diligent defendant will seek out representation before he or she goes forward to prelim.
Saturday, December 5, 2015
What is Discovery in a Criminal Case?
A defendant in a criminal case will naturally be afraid of what could happen to him or her. Misdemeanor and felony charges carry the potential for jail and prison time. In addition, defendants face the possibility of future scrutiny in their employment prospects and personal reputation.
The first two questions usually asked by a defendant are: "What did I do? What evidence does the prosecution have?" The process by which a defense attorney obtains the evidence is called "discovery." Discovery is the opportunity for the defendant to find out what kind of case the prosecution will present against the defendant.
During the pre-trial stage of a case, discovery is undertaken by both the defense attorney and prosecuting attorney. Both sides are required to discuss their case. There are not supposed to be surprises at trial. Legal dramas on television and movies are not representative of a majority of real cases.
Discovery is done informally, at first. Sometimes the Judge presiding over the case will have to be involved to handle disputes. Common disputes arise when a defense attorney has reason to believe that the prosecution has not handed over particular evidence. The prosecution must turn over certain evidence, such as:
Certain legal principles are supposed to protect a defendant as well. For example, "Brady" violations occur when a prosecutor intentionally withholds exculpatory evidence. Recently, the United States Chief Judge of the 9th Circuit Court of Appeals, Alex Kozinski, criticized California state judges for allowing prosecutorial misconduct. He said that there is an "epidemic of Brady violations..."
Regardless of misconduct or not, it is important for defendants to be aware of their rights. Discovery is important to a case. Sometimes it will lead to a defense verdict. Other times it can help facilitate a favorable plea deal. If you have been charged with a crime, it is important to consult with an attorney. Evidence and its impact on your case can be discussed.
The first two questions usually asked by a defendant are: "What did I do? What evidence does the prosecution have?" The process by which a defense attorney obtains the evidence is called "discovery." Discovery is the opportunity for the defendant to find out what kind of case the prosecution will present against the defendant.
During the pre-trial stage of a case, discovery is undertaken by both the defense attorney and prosecuting attorney. Both sides are required to discuss their case. There are not supposed to be surprises at trial. Legal dramas on television and movies are not representative of a majority of real cases.
Discovery is done informally, at first. Sometimes the Judge presiding over the case will have to be involved to handle disputes. Common disputes arise when a defense attorney has reason to believe that the prosecution has not handed over particular evidence. The prosecution must turn over certain evidence, such as:
- witness names and the content of their testimony
- "real evidence," or physical evidence
- evidence that is favorable to the defendant, i.e. "exculpatory"
- felony history of any witnesses for purposes of impeachment
- any "relevant" recorded or written statements
Certain legal principles are supposed to protect a defendant as well. For example, "Brady" violations occur when a prosecutor intentionally withholds exculpatory evidence. Recently, the United States Chief Judge of the 9th Circuit Court of Appeals, Alex Kozinski, criticized California state judges for allowing prosecutorial misconduct. He said that there is an "epidemic of Brady violations..."
Regardless of misconduct or not, it is important for defendants to be aware of their rights. Discovery is important to a case. Sometimes it will lead to a defense verdict. Other times it can help facilitate a favorable plea deal. If you have been charged with a crime, it is important to consult with an attorney. Evidence and its impact on your case can be discussed.
Saturday, August 8, 2015
Bench Warrants
A number of times prospective clients have called and asked questions about bench warrants. "Can an attorney go to court for me, without me being there?" "Will or can I be arrested?" "What did I do, which makes a warrant necessary?" These example questions, all legitimate, will be answered in this blog post.
"Warrants" have been around longer than the United States. The general definition of a warrant is a document issued by a legal or government official authorizing the police or some other body to make an arrest, search premises, or carry out some other action relating to the administration of justice. The Fourth Amendment of the Constitution requires that probable cause be present prior to the issuance of an unreasonable search and seizure warrant.
Warrants may not involve a search or seizure, however. Judicial officers can issue bench warrants for different reasons. Some of the most common reasons why a bench warrant is issued: (1) a defendant misses a mandatory court appearance; (2) a defendant faces a possible revocation of probation; and (3) a defendant fails to pay court ordered fines.
Bench warrants do not require suspicion of a crime having been committed. Typically, bench warrants involve open cases. Judicial officers issue a bench warrant and it authorizes law enforcement to arrest and detain an individual so that the open matter can be disposed of.
To clear a bench warrant, the defendant must appear before the court. In the rarest of cases, judicial officers allow an appearance without the defendant being present. Most of the time, defendants will need to be present. It depends on the particular case, and facts of that case. Some courts have different protocol, i.e. time limitations to appear (before 8:30 am at some courts). It may be necessary to consult with an attorney to answer questions specific to a particular set of facts.
Felonies, misdemeanors, and even traffic matters can result in the issuance of a bench warrant. In some cases, a driver's license hold is placed on the defendant too. Ignoring a bench warrant is extremely unwise and potentially dangerous to an effective defense. Far too many times, judges have scolded defendants for attempting to skirt the law.
If you, a loved one, or friend has a bench warrant, it is best to get a taken care of right away. Seek the consultation of a criminal defense attorney; most offer free consultations.
"Warrants" have been around longer than the United States. The general definition of a warrant is a document issued by a legal or government official authorizing the police or some other body to make an arrest, search premises, or carry out some other action relating to the administration of justice. The Fourth Amendment of the Constitution requires that probable cause be present prior to the issuance of an unreasonable search and seizure warrant.
Warrants may not involve a search or seizure, however. Judicial officers can issue bench warrants for different reasons. Some of the most common reasons why a bench warrant is issued: (1) a defendant misses a mandatory court appearance; (2) a defendant faces a possible revocation of probation; and (3) a defendant fails to pay court ordered fines.
Bench warrants do not require suspicion of a crime having been committed. Typically, bench warrants involve open cases. Judicial officers issue a bench warrant and it authorizes law enforcement to arrest and detain an individual so that the open matter can be disposed of.
To clear a bench warrant, the defendant must appear before the court. In the rarest of cases, judicial officers allow an appearance without the defendant being present. Most of the time, defendants will need to be present. It depends on the particular case, and facts of that case. Some courts have different protocol, i.e. time limitations to appear (before 8:30 am at some courts). It may be necessary to consult with an attorney to answer questions specific to a particular set of facts.
Felonies, misdemeanors, and even traffic matters can result in the issuance of a bench warrant. In some cases, a driver's license hold is placed on the defendant too. Ignoring a bench warrant is extremely unwise and potentially dangerous to an effective defense. Far too many times, judges have scolded defendants for attempting to skirt the law.
If you, a loved one, or friend has a bench warrant, it is best to get a taken care of right away. Seek the consultation of a criminal defense attorney; most offer free consultations.
Friday, May 8, 2015
Traffic Changes in LA County Present New Obstacles for Defendants
Traffic citations are issued to almost every driver in Los Angeles. Broken tail light, speeding, driving without a license are all common mistakes. No one is spared from the traffic courts, including attorneys, judges, and sometimes law enforcement personnel. Thus, everyone should be angry about recent changes being implemented throughout Los Angeles County.
Penalty assessments use to be the only outrageous part of getting a ticket. For those unfamiliar with penalty assessments, let me explain. The California Legislature has voted multiple times to add additional assessments to every single citation in California, on top of the base fine. These assessments are now a reliable way to increase revenue for the state. What use to be a $100 fine, adds up to around $500 after state assessments. Recently, the LA Times and other media outlets have criticized the burdensome law, which affects low-income families the most.
Now the courts have taken egregious steps to make traffic citations even more onerous. To my knowledge, these changes have not yet been made available to the public. Let me go through some of the major changes:
DEFENDANTS CAN NO LONGER PURCHASE AN ABSTRACT AFTER A FAILURE TO APPEAR
A failure to appear is a separate charge that can be added to a ticket, if a defendant misses his or her court date. When a defendant misses a court date, the court will issue a warrant, and place a hold on the defendant's driver's license. A hold will then lead to a suspension of the driver's license.
Upon notice of the suspension, defendants use to be able to go to the court clerk and purchase an abstract. An abstract removed the hold, and the defendant could then get his or her license reissued. No more.
Now, holds will not be removed until disposition of the case. Attorneys can and should request a speedy trial in light of these changes.
DEFENDANTS CAN NO LONGER NEGOTIATE DIFFERENT VIOLATIONS WITH THE OFFICERS AT TRIAL
Some defendants cannot take advantage of traffic school (completion of traffic school, available once every 18 months, keeps a negligent operator point off of the defendant's driving record with the DMV).
A strategy that used to be utilized by attorneys, when traffic school was not available, was negotiation with the citing officers. When evidence was disputable, or when officers' were in a good mood, the court would accept an amended violation and plea agreement. This means that the officer would change the vehicle code violation to a non-moving violation (carries no point), and the defendant would change his plea to guilty. The moving violation would then be dismissed. This is no longer an option.
Given that negotiations are off the table, attorneys will have no other choice but to put on a trial. This means that discovery requests may be made more often.
DEFENDANTS CAN BE FOUND GUILTY BY THE COURT IF THEY ARE NOT PRESENT AT TRIAL
Defendants miss their trial dates too. Before the new changes effective April 1, 2015, the court would have simply issued a warrant and placed a hold on the defendant's driver license. Unfortunately, this is not the case now.
Bench officers may now hold a trial in absentia. In absentia is a Latin phrase meaning "in the absence" of the defendant. If there is sufficient evidence of guilt, the court can find the defendant guilty without the defendant having been given an opportunity to present a defense. Pretty crazy, right?
These new policies are frowned upon by the defense bar. One can expect appeals to the higher courts. Until then, a person cited for a traffic matter should be careful. It is a new world.
Penalty assessments use to be the only outrageous part of getting a ticket. For those unfamiliar with penalty assessments, let me explain. The California Legislature has voted multiple times to add additional assessments to every single citation in California, on top of the base fine. These assessments are now a reliable way to increase revenue for the state. What use to be a $100 fine, adds up to around $500 after state assessments. Recently, the LA Times and other media outlets have criticized the burdensome law, which affects low-income families the most.
Now the courts have taken egregious steps to make traffic citations even more onerous. To my knowledge, these changes have not yet been made available to the public. Let me go through some of the major changes:
DEFENDANTS CAN NO LONGER PURCHASE AN ABSTRACT AFTER A FAILURE TO APPEAR
A failure to appear is a separate charge that can be added to a ticket, if a defendant misses his or her court date. When a defendant misses a court date, the court will issue a warrant, and place a hold on the defendant's driver's license. A hold will then lead to a suspension of the driver's license.
Upon notice of the suspension, defendants use to be able to go to the court clerk and purchase an abstract. An abstract removed the hold, and the defendant could then get his or her license reissued. No more.
Now, holds will not be removed until disposition of the case. Attorneys can and should request a speedy trial in light of these changes.
DEFENDANTS CAN NO LONGER NEGOTIATE DIFFERENT VIOLATIONS WITH THE OFFICERS AT TRIAL
Some defendants cannot take advantage of traffic school (completion of traffic school, available once every 18 months, keeps a negligent operator point off of the defendant's driving record with the DMV).
A strategy that used to be utilized by attorneys, when traffic school was not available, was negotiation with the citing officers. When evidence was disputable, or when officers' were in a good mood, the court would accept an amended violation and plea agreement. This means that the officer would change the vehicle code violation to a non-moving violation (carries no point), and the defendant would change his plea to guilty. The moving violation would then be dismissed. This is no longer an option.
Given that negotiations are off the table, attorneys will have no other choice but to put on a trial. This means that discovery requests may be made more often.
DEFENDANTS CAN BE FOUND GUILTY BY THE COURT IF THEY ARE NOT PRESENT AT TRIAL
Defendants miss their trial dates too. Before the new changes effective April 1, 2015, the court would have simply issued a warrant and placed a hold on the defendant's driver license. Unfortunately, this is not the case now.
Bench officers may now hold a trial in absentia. In absentia is a Latin phrase meaning "in the absence" of the defendant. If there is sufficient evidence of guilt, the court can find the defendant guilty without the defendant having been given an opportunity to present a defense. Pretty crazy, right?
These new policies are frowned upon by the defense bar. One can expect appeals to the higher courts. Until then, a person cited for a traffic matter should be careful. It is a new world.
Thursday, April 2, 2015
The Effects of AB 16: Changes to Domestic Violence Charge PC 273.5
Last year, the California legislature amended Penal Code section 273.5, corporal injury on a spouse. The new changes expanded the definition of whom can be classified as a victim. Now included under the statute: former fiances and fiancees, current and former dating partners, mother or father of the defendant's child.
The changes have widened the scope of who can be accused of committing an act of domestic violence. The authors of the bill projected that it could increase convictions under the law by 10%. It is too early to tell, however, if there have been more criminal filings as a result of the change. Nevertheless, a domestic violence charge remains a serious crime.
Treating domestic violence differently than other violent crimes has been entrenched in California law since 1945. There is data, and tragic anecdotal stories, showing that victims of domestic violence can experience mental trauma for years, if not indefinitely unto death. Thus, there is a strong public interest in treating domestic violence crimes differently.
All people accused of committing a PC 273.5 act of domestic violence are not guilty. There have been cases of false accusations or self-defense.
To be convicted under the law, the People have to prove beyond a reasonable doubt that the defendant:
(1) willfully inflicted a physical injury on an intimate partner; and
(2) as a result, the act caused the victim to experience a traumatic condition.
We already discussed how the term "intimate partner" was expanded by AB 16. A "traumatic condition" is a visible injury. If both elements can be proven, an accused can face serious penalties.
PC 273.5 is a "wobbler," offense, meaning that it can be charged as a misdemeanor or felony. If a defendant is convicted of the misdemeanor, he or she faces a maximum of one-year (1) in jail, and a fine of $6,000. If a defendant is convicted of the felony, he or she faces a maximum four-year (4) prison sentence.
There also could be consequences related to a state license or a person's immigration status. One cannot forget that it also carries a social stigma. People accused of committing an act of domestic violence should consult with a criminal defense attorney. Changes in the law, possible defenses, and analysis of a particular case can be discussed.
The changes have widened the scope of who can be accused of committing an act of domestic violence. The authors of the bill projected that it could increase convictions under the law by 10%. It is too early to tell, however, if there have been more criminal filings as a result of the change. Nevertheless, a domestic violence charge remains a serious crime.
Treating domestic violence differently than other violent crimes has been entrenched in California law since 1945. There is data, and tragic anecdotal stories, showing that victims of domestic violence can experience mental trauma for years, if not indefinitely unto death. Thus, there is a strong public interest in treating domestic violence crimes differently.
All people accused of committing a PC 273.5 act of domestic violence are not guilty. There have been cases of false accusations or self-defense.
To be convicted under the law, the People have to prove beyond a reasonable doubt that the defendant:
(1) willfully inflicted a physical injury on an intimate partner; and
(2) as a result, the act caused the victim to experience a traumatic condition.
We already discussed how the term "intimate partner" was expanded by AB 16. A "traumatic condition" is a visible injury. If both elements can be proven, an accused can face serious penalties.
PC 273.5 is a "wobbler," offense, meaning that it can be charged as a misdemeanor or felony. If a defendant is convicted of the misdemeanor, he or she faces a maximum of one-year (1) in jail, and a fine of $6,000. If a defendant is convicted of the felony, he or she faces a maximum four-year (4) prison sentence.
There also could be consequences related to a state license or a person's immigration status. One cannot forget that it also carries a social stigma. People accused of committing an act of domestic violence should consult with a criminal defense attorney. Changes in the law, possible defenses, and analysis of a particular case can be discussed.
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