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There are three different levels of public offenses in California state courts. Infractions are the least serious. Infractions are punishable only by fines and not by any jail time. Common examples of infractions include speeding tickets, jaywalking, littering, etc. Infractions are also often viewed as not being criminal convictions. Someone charged with an infraction has a right to contest the charge and present evidence. As jury trials are not considered a right in infraction cases, so a judge will decide the issues of fact and law in an infraction trial. The government must still prove each element of the offense beyond a reasonable doubt, but infraction courtrooms are far less formal. Often, there will be no prosecutor at all. The most serious punishment with many infraction cases is the impact on the defendant's driving record/privilege. The DMV tracks points for traffic infractions and can suspend a license upon accumulation of too many points. Additionally, points can affect car insurance rates and lease terms. LOS ANGELES MISDEMEANOR LAWYER Misdemeanors are significantly more serious. Not only are misdemeanors punishable by up to one year in the county jail, but a misdemeanor conviction is a criminal conviction. This can affect employment, licensing, school and more. LOS ANGELES FELONY LAWYER Felonies are the most serious offenses and carry the most severe consequences. Felonies include everything from possession of certain kinds of drugs up to rape and murder. Felonies are punishable by more than a year in state prison. This does not mean that if convicted of a felony, one would have to serve more than a year; convicted felons are often sentenced to shorter jail stays or with no jail time at all. Felony convictions also carry severe collateral consequences, affecting voting rights, gun rights, and having a substantial effect on employment prospects. Certain crimes can be charged as either felony or misdemeanor ("wobblers") or infraction or misdemeanor ("wobblette"). In these circumstances, the charging prosecutor has substantial discretion and will consider the facts of a case, the value of any stolen/damaged property and other factors when deciding how to file a case. A few examples of "wobblettes" are trespassing (PC 602), petty theft (PC 484 or PC 488), appropriation of property (PC 485). Some common "wobblers" (misdemeanor/felony) are possession of methamphetamine (HS 11377), assault (PC 240), vandalism (PC 594), and burglary (PC 459). If someone is convicted of a felony "wobbler", they may be eligible to have that felony reduced to a misdemeanor. More information on keeping your record clean. If you have been arrested or charged with a crime in Los Angeles or Southern California, it is your right to have an attorney represent you. Contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney. IMPORTANT LINKS: LA Sheriff's Inmate Locator Los Angeles Superior Court Los Angeles Police Department Los Angeles Felony Bail Schedule Los Angeles Misdemeanor Bail Schedule Nicholas M. Loncar, Esq. Los Angeles Criminal Defense Attorney t: 213-375-3775 | f: 213-375-3099 Mobile: 323-803-4352 Nicholas.Loncar@iDefendLosAngeles.com 1200 Wilshire Blvd | Suite 406 Los Angeles, CA | 90017 www.iDefendLosAngeles.com By Nicholas Loncar
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The US has very high conviction rates when compared with much of the world. One explanation is that our police perform better investigations and gather evidence better than police in the rest of the world. The other view is that we're really not as free. Not only do we lock up the most people in the world, but our revered criminal justice process yields a higher rate of conviction as well. A more direct approach is to look at one of the most common causes of false conviction: mistaken eyewitness testimony. But are there flaws in our justice system that could be fixed, and might yield better results? There is no denying that wrongful convictions are a horrible thing. In addition to the innocent person's suffering, there is also the problem of the guilty person going free. Still, we often hear arguments from judges and prosecutors against reforms that would reduce wrongful convictions. Some of them just don't think wrongful convictions are that common, and some just don't care. Mistaken eyewitness identification is one of the main culprits at play when discussing wrongful convictions. Jurors are quick to rely on eyewitness testimony and witnesses are quick to testify that they're "sure" of an ID. But suggestive circumstances (like handcuffs, or being in the back of a police wagon during initial ID), poor viewing conditions, and many other factors make this testimony all the more unreliable. A system with a zealous advocate for guilt (prosecutor) makes the criminal justice process adversarial rather than inquisitive. The prosecutor wants to win and wants to convict and can influence the fact-finder. While the burden on the government is supposedly so high, no one really knows what reasonable doubt means. Defense attorneys and prosecutors will use a part of their closing arguments to give different opinions on what the phrase means, but jurors are still left to decide for themselves. One notable procedure here is that the prosecution gets to deliver their closing argument last in the US (this is in stark contrast to some other countries like Germany and France). Not only does the prosecution have the first opportunity to speak to the jury with their opening statement, but they get the final word as well. This immense tactical advantage is another major reason for wrongful convictions. This is why criminal defense attorneys are so important. Not only do criminal defense attorneys protect innocent people falsely accused of crimes, but also protect the rights and civil liberties of all Americans. Cases of true factual innocence are more likely to revolve around the issue of reasonable doubt. Reasonable doubt about witness identification, alibi, and many other areas of substantive evidence could save an innocent person from a guilty verdict. The problem, however, is that after the defense attorney raises reasonable doubt questions in the jury's mind, the prosecutor gets the final word, and spends the final 40 minutes of the trial telling the jury that they "must" convict. Nicholas M. Loncar, Esq. Los Angeles Criminal Defense Attorney t: 213-375-3775 | f: 213-375-3099 Mobile: 323-803-4352 Nicholas.Loncar@iDefendLosAngeles.com 1200 Wilshire Blvd | Suite 406 Los Angeles, CA | 90017 www.iDefendLosAngeles.com By Nicholas Loncar The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. Determining "reasonableness" of searches has been a strong focal point of the United States Supreme Court throughout history. The Fourth Amendment creates the greatest protection for searches of homes, almost universally requiring a warrant to search a home. Car searches tend to be "reasonable" more often and are generally performed without a search warrant. The most intrusive of all searches, however, even more intrusive than a search of one's home, is a search of one's body. A pat down requires a very low level of "reasonable suspicion" in order to be justified. But what about a cavity search? Could the government possibly do anything more intrusive than shove their fingers inside a person? Well it happens (see the video below). Unreasonable Search and Seizure Issues: Stop and Frisk and Search of Persons What constitutes a search? Consent Searches Search of Vehicles and Effects How to Suppress Evidence Search and seizure laws have long been a big interest of mine. From traffic stops, to DUI checkpoints, to home and car searches, our Fourth Amendment rights protect us from unreasonable intrusion by law enforcement. We cannot be stopped at all without reasonable suspicion and a search that goes beyond a pat down for weapons requires probable cause. Still, these protections have been undermined to the point that we don't have the freedom we were promised. I'm just going to throw a rule out there and see if the Court will some day catch up to it. Reaching into someones anus or vagina to find drugs is per se unreasonable. Why would we permit sexual assault or battery in order to prevent drug possession? And when that drug is marijuana, we're talking about pure insanity. The vast disparity between the serious offense being committed by the police and the benign offense they seek to prevent/uncover is something that should draw national attention, and force some change. Thomas Jefferson would write a new Declaration of Independence if he saw this video. And if anyone belongs in Prison, it's cops like these. President Obama has shaped the US Supreme Court with his nominations, and hopefully the current group of justices will revisit this issue and specifically ban this kind of practice. This practice occurs far too often. Inmates on their way into jails are subject to cavity searches every day, but it is important to note that this can happen on the side of the road, too. Without police accountability, this kind of behavior will continue. In fact, officers are trained to engage in this kind of ridiculous behavior. It has to stop. A small start would be getting evidence thrown out if it is recovered in this manner. But what if there is no evidence to uncover? What if a person is completely innocent and still gets violated like this by law enforcement? There needs to be a major overhaul to how police are trained and held accountable for actions such as these. Nicholas M. Loncar, Esq. Los Angeles Criminal Defense Attorney t: 213-375-3775 | f: 213-375-3099 Mobile: 323-803-4352 Nicholas.Loncar@iDefendLosAngeles.com 1200 Wilshire Blvd | Suite 406 Los Angeles, CA | 90017 www.iDefendLosAngeles.com By Nicholas Loncar  Most people really misunderstand the idea of "pressing charges" as it pertains to criminal law. Don't get me wrong, a victim's cooperation and statements are an important factor in the government's decision to bring criminal charges. But, contrary to popular belief the decision to bring criminal charges rests entirely with the government. After police investigate an occurrence and/or file a report, the prosecutor will review the evidence and choose whether to bring charges. If police and the prosecution each believe a crime has been committed, and believe there is enough evidence to convict, criminal charges are often filed, whether the victim wants the defendant to be prosecuted or not. By contrast, in regards to civil claims, a victim (or plaintiff) has exclusive control over the decision to file suit and seek relief for injuries. So, a victim's wish to "press charges" is a relevant, but non-dispositive factor in the charging decision prosecutors make. This debate frequently manifests itself in domestic violence cases. Domestic violence cases are unique in many ways, and many Los Angeles and southern California courthouses handle DV cases separately, in their own court rooms. Determining what actually happened in these cases can be difficult. Sometimes, a victim of abuse from a loved one is unwilling to come forward or cooperate in criminal proceedings. Conversely, there are false accusations, used to "get back" . Prosecutors are inclined to believe victims, but bear the difficult task of trying to figure out which victims aren't being truthful. They don't want to charge someone they think is innocent, but do not want to ignore an incident if they believe a crime has been committed. Victims recant their accusations, and prosecutors are left to decide whether the initial police call during a fight or the later-expressed opinion that is true. Since it was the victim's phone call or waving down a police officer that often initiates criminal investigation, why is their opinion the the matter later ignored? Should the victim's choice end there? Is an instant reaction more trustworthy or otherwise more important than a decision made later? Theft is another example where a victim's choice is limited. The defendant is not guilty of theft if he/she had consent from the owner of the property to be in possession thereof. So, if I notice my car missing in the morning, call the police, and later find out that my roommate borrowed it, I could say that I actually consented to him having my property, and it wouldn't be a theft. Theoretically, however, a victim of theft could after-give consent to someone who stole their property. What if only after really thinking about it, I decide that I don't think my roommate was wrong to borrow my car, but only make that decision afterwards? What if the thing "stolen" has to value to its owner (e.g. fruit from a tree, with rotting fruit below it)? Should the owner be able to "dismiss" charges? There are problems with letting victims make all the decisions. Irrational victims shouldn't be able to set criminals free. Moreover, offenders would be able to buy a plaintiff's decision, having a disproportionate effect for poor victims and rich offenders. Another argument against victim control over the charging decision is the thought that we could let victims seek more punishment for defendants instead of less, but I would never advocate that level of victim impact on the decision. I merely believe a victim's desire not to press charges should have more force. Whether presented as a defense, handled within the prosecutor's agency or at argued at sentencing, I think there should be a mechanism for removal of the criminal charge or punishment by the victim. Perhaps the strongest argument against letting victims absolve a criminal defendant is that a victim's choice to proceed with charges would create resentment. But maybe that should be a condition of bringing criminal charges. There need to be checks for irrational decision-making, but if a statutorily defined "victim" doesn't wish to punish a defendant, how much power to create a wedge between them should the government have? Some would say it's fine the way it is, but I think there is a reason most people think they get to choose whether to press charges. There is something intuitively pleasing about the autonomy to decide for ones self whether you're a victim. The autonomy to decide whether someone else has wronged you to the point of it being a crime. California does allow for a "civil compromise" in some misdemeanor offenses, but not in domestic violence cases or public offenses. IMPORTANT LINKS: LA Sheriff's Inmate Locator Los Angeles Superior Court Los Angeles Police Department Los Angeles Felony Bail Schedule Los Angeles Misdemeanor Bail Schedule Nicholas M. Loncar, Esq. Los Angeles Criminal Defense Attorney t: 213-375-3775 | f: 213-375-3099 Mobile: 323-803-4352 Nicholas.Loncar@iDefendLosAngeles.com 1200 Wilshire Blvd | Suite 406 Los Angeles, CA | 90017 www.iDefendLosAngeles.com By Nicholas Loncar  LOS ANGELES CRIMINAL DEFENSE ATTORNEY AND DUI LAWYER Over 2400 years ago, Socrates died in a jail cell while awaiting his execution. For most of human history, incarceration has not been a form of punishment, but rather a place to await a different form of punishment (for Socrates, he was ordered to drink Hemlock, a lethal poison). Early governments executed, exiled, maimed or released their accused criminals, but extended incarceration has only existed for the past few hundred years. Today, no country locks up more of its citizens than the US. This is reflective of a complete failure by society, not just bad decisions by the individuals we lock up. I previously wrote about this disturbing truth here. Punishment is meant to achieve several things. Deterrence, rehabilitation, and public safety are some of the goals. The deterrent effects of incarceration are debatable. The idea is simple. People do not want to be locked up. If committing crimes means getting locked up, then people won't commit crimes. The biggest problem I see with this calculus is that the calculus is vastly different for different people. People of privilege will value their freedom over added income. At the same time, those who do not have enough to survive will disregard the risk of losing their liberty in order to feed themselves and their children. As an intern with the Defender Association of Philadelphia and with the San Diego Alternate Public Defender, I encountered many "criminals" who would vastly prefer a minimum wage job to their life of crime. Nevertheless, the opportunity isn't there. How many McDonald's restaurants are there for every lousy school that fails to educate thousands of people each year? Without higher education, employment opportunities are highly limited. As a criminal defense attorney in Los Angeles, I am in close contact with repeat offenders almost daily. In particular, I remember a conversation I had with a street level crack dealer. Our society has deemed these people to be among the worst human beings on our planet. We have this image of a drug dealer, driving an Escalade, wearing expensive clothes and jewelry and profiting heavily from the destruction their product causes individuals and communities. In reality, street level drug dealers typically make much less than $100 per day. This 31 year old man was risking his life and liberty every day just to provide for his child. The problem is that even unskilled labor requires more education than a lot of people are getting in American low income communities. Young people grow up seeing that the only way to survive, not prosper, but simply provide is to sell drugs. With the top 20% of our population controlling 98% of the money, what's left for the bottom 20%? How about the bottom 5%? The American Dream is but a cruel lie for far too many Americans. Now, lock them up for taking advantage of the only avenue they have left! Opportunity makes deterrence irrelevant for a large percentage of the people we lock up. I won't even bother to discuss rehabilitation. Inmate degree programs have shrunk in recent years and no one who is knowledgeable about incarceration in the US would dream that locking someone up in a county jail, state or federal prison is a method to improve that person in any way. In reality, the process makes citizens feel alienated, wronged and introduces them to an entrenched life of crime. If someone is undeterred by the threat of incarceration and winds up in jail or prison, their time in custody often helps to develop their knowledge and ability as criminals, not as citizens. Incarcerated individuals find the education, acceptance and acknowledgment they've been denied their entire lives in gangs and in continued criminal activity. Systematic incarceration of the poor and minority populations, rather than improved opportunities has put citizens too at odds with their government. People are born almost at war with their own state. This needs to change. Our government places so much emphasis on overpowering and instilling fear over and in its own citizens that it rises to the level of tyranny. Maintaining the wealth and privilege of the upper class has led to complete disregard for the well being of our society's poor. The comfortable decision makers in our society are happy to put the poorest people in our society through hell if it means their continued prosperity. It is better for them, but not society as a whole, if our government overpowers, rather than empowers its citizens. Education, not incarceration, is the answer to this country's crime problems. While roughly 3% of the world population is mentally gifted, 20% of the prison population is! Our government wants to break these people, but we would be much better off giving them the opportunity to succeed without crime. Long term incarceration may still be required and appropriate, but not at the levels and not under the conditions it exists today. Sentencing alternatives like probation, addiction counseling, work-release, community service and home monitoring need to replace a large portion of our jail and prison sentences. My feelings and thoughts on this topic could go on forever, so I'll stop here. Please feel free to share your thoughts, agreement and disagreement alike below. IMPORTANT LINKS: LA Sheriff's Inmate Locator Los Angeles Superior Court Los Angeles Police Department Los Angeles Felony Bail Schedule Los Angeles Misdemeanor Bail Schedule Nicholas M. Loncar, Esq. Los Angeles Criminal Defense Attorney t: 213-375-3775 | f: 213-375-3099 Mobile: 323-803-4352 Nicholas.Loncar@iDefendLosAngeles.com 1200 Wilshire Blvd | Suite 406 Los Angeles, CA | 90017 www.iDefendLosAngeles.com By Nicholas Loncar  The idea of vigilante justice has always had some appeal to me. As a criminal defense attorney, I generally do not like the idea of punishment. So whether government sanctioned or of the vigilante variety, I believe that the idea of "getting even" is elementary. An eye for an eye leaves the whole world blind, but humans still have a deep yearning for retributive justice. When punishment is state sanctioned, there can be safeguards like due process to ensure punishment is appropriate. Or rather when the government decides punishment is appropriate. On the other hand, vigilante justice is theoretically flawed in that the decision to punish is made privately, by one person and often with little to no time for reflection. This desire to "get even" can lead to uncalled-for and excessive punishment. Moreover, some people cannot fend for themselves and need the government to protect them from crimes. In the US, there is very little room for an individual to get even on their own. We are expected to sue, contact the police...you know...snitch. We are supposed to let the government decide the remedy and implement the punishment it sees fit. So with the concession that government-sanctioned punishment provides due process and protection against misplaced and excessive punishment, why do I still have a soft spot for vigilante justice? Have I read too much Nietzsche? Am I just crazy? I do not like punishment, but admittedly prefer to see a victim become a punisher than to see the government take on that role. Despite a judicial process, punishment is handed out inequitably, improperly and without a true understanding of what that punishment will achieve. In particular, a government that claims to be a champion of freedom, but denies freedom to more of its citizens than any other nation in the world troubles me. Our criminal justice process leaves so much to be desired, that I actually prefer the problems associated with vigilante justice. Sure, the "weak" end up without adequate protection, but has our government shown the most noble intentions with its laws? In practice, criminal law in the United States has been set up to protect wealthy, white people and punish (very harshly) the poor and minority populations (see my blog article on US Prison statistics). Comfortable, upper class law-makers determine the appropriate punishment for crimes having never experience the crime or punishment. Still, we are expected to believe that these people will prepare a better system for protecting citizens and punishing those who harm others? If the government is failing to protect certain victims, what rights ought they have? Not legal rights as citizens of a government, but rather the inalienable human rights... I have long had deep and controversial opinions about vigilante justice, but was prompted to write this blog entry by the case of Kai the Hitchhiker, Caleb McGillvary. While the facts are certainly not 100% clear, Kai is accused of killing a New Jersey man. According to Kai's own facebook post, he had been drugged and raped by his "victim" prior to the alleged murder. If Kai did in fact wake up from being drugged and raped before (allegedly) killing his attacker, it would appear that our self-defense laws don't offer Kai any protection. Self-defense is limited to using force necessary to prevent imminent harm. Kai may be able to get his murder charge reduced to "voluntary manslaughter" or "passion killing", still a homicide and still punishable by significant prison time. A temporary insanity defense might help him avoid prison, but was his reaction actually insane? As Kai wrote in his facebook post, would you have reacted differently? What is the right way to react to waking up to realize that another person has drugged and raped you? Again, our government wants us to go to the police, but who are they to judge this man's reaction? State Senators more concerned with their afternoon tee-time have decided what punishment fits Kai's "crime". Would the police have believed Kai, a young, "homefree" traveler, accusing a wealthy attorney of rape? There are efforts to help Kai raise money for his defense and I urge anyone who reads this to try and get involved. For more information, start here at a facebook group set up to help Kai. I hope that those laudable efforts lead to Kai getting a powerful defense in this unjust situation. If his allegations are true, the thought of the government punishing him further should be terrifying to all of us. Nicholas M. Loncar, Esq. Los Angeles Criminal Defense Attorney t: 213-375-3775 | f: 213-375-3099 Mobile: 323-803-4352 Nicholas.Loncar@iDefendLosAngeles.com 1200 Wilshire Blvd | Suite 406 Los Angeles, CA | 90017 www.iDefendLosAngeles.com By Nicholas Loncar  LOS ANGELES SEX CRIMES LAWYER Sex crimes are a very hot button issue. Despite representing a small percentage of crimes that make their way to court, crimes involving sex draw a lot of attention. Just consider the popularity of television shows like Law and Order: Special Victims Unit. These shows make law enforcement officers and prosecutors look like champions of justice, fighting against the worst human beings in our society. Not to mention the slimy image they project onto defense attorneys. In reality, sex crimes are much different than how they are portrayed on television. As little as 5% of all rape cases involve the scary, "stranger-rape" scenario. Much more often, consent is a murky issue, clouded by alcohol and other drugs. False accusations are not uncommon and very harsh sentences can be improperly imposed on good people. Detectives who investigate sex crimes and the prosecutors who prosecute them have a highly difficult job in front of them. Often, the only witnesses are the alleged victim and alleged perpetrator, and their stories will contrast. There truly are many motives for false accusations, but police do not want to call an accuser a liar. Still, arresting and charging someone for a serious felony solely on the basis of another's accusation is dangerous. Anyone charged with a sex crime in California needs an aggressive, passionate and skilled attorney on their side. It is for this reason that sex crimes, more than any other, require early intervention by a criminal defense attorney. The detectives and prosecutors do have an interest in ascertaining the truth, but are still driven to arrest and convict. These people will not advocate on behalf of an accused rapist. PC 261 - Rape In California, rape is nonconsentual sexual intercourse achieved through force, threats or fraud. The majority of rape cases fit more into a date rape scenario and an accuser's testimony might be the only evidence of nonconsent and of force. If the rape victim is a spouse, then PC 262, spousal rape, is the charge. PC 288(a), oral copulation by force, is similar, but does not require intercourse. For rapes involving no force, it may be possible to get a probation sentence, but rape can carry a sentence of up to eight years in prison. Rape is a serious allegation, but these allegations are not always true. There are many motives for a false accusation and an alleged victim cannot withdraw consent days later if they consented to intercourse at the time. Regretful consent is still consent. Having a criminal defense attorney assert your defenses early could avoid filing of charges altogether, and can help you avoid a serious conviction if charges are wrongly filed. (More Info) PC 261.5 - Statutory Rape Sexual intercourse with a minor is rape in California. A minor, under the age of 18, is legally incapable of consenting to sexual intercourse. Many states have a cushion, whereby a 19 year old would not be guilty of statutory rape if they engaged in sex with a 17 year old, for example. This is NOT the case in California. In fact, even a minor who has sex with another minor is guilty of statutory rape. Because a minor offender would also be a victim, this is rarely charged, but it is important to note that there is no age cushion under California statutory rape law. (More Info) PC 243.4 - Sexual Battery Sexual battery is touching the intimate parts of someones body for the purpose of arousal, gratification or abuse. PC 243.4 is a "wobbler" and can be charged as a misdemeanor or felony. A conviction of felony sexual battery can carry a prison term of up to four years. PC 288 - Lewd Acts with a Child Touching a child (under 14) for sexual purposes is a felony under PC 288. This crime is severely punished with long prison terms and a "strike" under California's "three strikes" law. Children can falsely accuse someone of molestation. Sometimes, a third party will even encourage a child to lie in order to hurt another person. This is one of the most difficult accusations to defend because of the strong societal stigma involved and anyone charged with PC 288 needs a strong defense to avoid a long prison term. PC 288.2 makes it a crime to send text or picture messages to a child for purposes of seduction. PC 290 - Sex Offender Registration PC 290, known as the Sex Offender Registration Act, makes people convicted of certain sex crimes register as a sex offender for life. PC 314 - Indecent Exposure In California, Indecent Exposure is a misdemeanor, punishable by up to 6 months in jail and a fine of up to $1000. A second or subsequent offense can be filed as a felony. PC 647(a) - Lewd Acts in Public PC 647(a) prohibits lewd acts in public and makes it a misdemeanor. This charge can often be reduced to a trespass or disorderly conduct if not dismissed outright. PC 647(b) - Prostitution/Solicitation Undercover stings target prostitution and solicitation for prostitution. Merely offering or agreeing to a transaction involving sex for money is a misdemeanor. This is an embarrassing charge to have on your record. There is often a strong defense because prostitutes frequently use ambiguous language. Sometimes, people act like they are soliciting prostitution, but they are not serious about actually going through with it. MORE on Prostitution Crimes If you have been arrested or charged with a sex crime in Southern California, contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney. IMPORTANT LINKS: LA Sheriff's Inmate Locator Los Angeles Superior Court Los Angeles Police Department Los Angeles Felony Bail Schedule Los Angeles Misdemeanor Bail Schedule Nicholas M. Loncar, Esq. Los Angeles Criminal Defense Attorney t: 213-375-3775 | f: 213-375-3099 Mobile: 323-803-4352 Nicholas.Loncar@iDefendLosAngeles.com 1200 Wilshire Blvd | Suite 406 Los Angeles, CA | 90017 www.iDefendLosAngeles.com By Nicholas Loncar  LOS ANGELES VIOLENT CRIMES LAWYER Crimes involving violence are the most harshly punished crimes in California. Many violent crimes are subject to California's three strikes law, leading to substantially enhanced sentences for repeat offenders. California imposes some of the harshest punishments in the nation on violent offenders. ASSAULT (More Aggravated Assault Info) Assault is one of the most commonly misunderstood crimes. Pursuant to PC 240, assault does not require any hitting or any injury. Rather, acting a way likely to produce injury to another while having the present ability to cause the injury. Assault is a misdemeanor, subject to up to 6 months in a county jail and a fine of up to $1000. There are many defenses to assault, including self-defense/defense of others, false accusation/misidentification, lack of intent and lack of present ability. Assault with a Deadly Weapon, or "aggravated assault" PC 245(a)(1) is charged when a weapon is used or when the assault results in a serious injury. "Aggravated assault" is a "wobbler" and may be charged as either a felony or a misdemeanor. If charged as a felony, it may also result in a "strike" being charged, having serious consequences for future convictions of any kind. BATTERY Battery is the willful use of force or violence upon another. PC 242 essentially makes it a misdemeanor to hit another person. If the use of force or violence causes serious injury, PC 243(d), "aggravated battery" will be charged. PC 243(d) is a "wobbler" and can be charged as either a misdemeanor or felony, with maximum penalties of up to 4 years in state prison and a possible "strike". Defenses include: lack of intent, self-defense/defense of others, and that the injuries caused were not serious. CRIMINAL THREATS (More Criminal Threats Info) PC 422 makes it unlawful to threaten to kill or injure another person. Not all threats, however, constitute criminal threats. The threat must be imminent, explicit, specific, unequivocal, unconditional, and place the alleged victim in actual and reasonable fear for their life or safety. This leaves open a wide range of defenses. For example, saying "if you come to my house, I'm going to kill you" is not a criminal threat because it is conditional. Similarly, a threat that the alleged victim does not take seriously or that a reasonable person would not take seriously is not a criminal threat. Criminal threats do not need to be made in person. Threatening someone over the phone or via e-mail or text message can qualify as well. PC 422 is a "wobbler" and can be charged as a misdemeanor or felony. A felony criminal threat is a "strike". DOMESTIC VIOLENCE (More Domestic Violence Info) Domestic violence cases are especially complex. Heated arguments sometimes lead to false accusations. At the same time, real victims of serious domestic abuse are often unwilling to come forward. This makes Domestic Violence cases particularly difficult for law enforcement, prosecutors, victims and especially the accused. Domestic Violence incidents are typically charged under two penal code sections. PC 273.5 makes it a crime to inflict a visible injury on a spouse, cohabitant, former cohabitant, etc. PC 273.5 can be charged as wither a misdemeanor or felony and can, as a felony, carry a sentence of up to 4 years in prison. PC 243(e)(1), spousal battery, is a battery committed upon someone with whom the defendant has or has had a relationship. Unlike PC 273.5, spousal battery does not require a visible injury. PC 243(e)(1) is a misdemeanor and carries a sentence of up to one year in the county jail. All domestic violence offenses are also subject to the imposition of mandatory domestic violence and/or anger management counseling classes. FALSE IMPRISONMENT/KIDNAPPING (More Kidnapping Info) Under PC 236 it is a crime to wrongfully detain, restrain or confine another person without his or her consent. False imprisonment can be charged as a misdemeanor, or a felony (if there is violence, a threat or the use of fraud/deceit). Kidnapping, pursuant to PC 207 occurs when someone moves another person a substantial distance against their will by the use of force or fear. Aggravated kidnapping occurs if the victim is under 14, the defendant asks for ransom, the victim suffers a serious injury or the kidnapping takes place during a carjacking. Aggravated kidnapping carries a life sentence. MANSLAUGHTER PC 192(b), Involuntary Manslaughter is the unlawful, unintentional killing of a human being during the commission of an unlawful act (not amounting to a felony). Involuntary manslaughter is a felony, punishable by up to 4 years in prison. PC 192(a) Voluntary Manslaughter applies to passion killings. This occurs when someone acts in the heat of the moment to voluntarily kill someone, but without the opportunity to think and form the intent required for murder. Voluntary Manslaughter is typically reduced from a charge of murder, and is punishable by a maximum of 11 years in prison. MURDER (More Homicide Info) Murder, under PC 187, is the unlawful killing of a human being with malice aforethought. First Degree murder is typically charged for intentional killings, killings by use of bombs and other destructive weapons or killings that occur (even unintentionally) during the intentional commission of a felony (felony murder rule). Second Degree murder is also willful, but not premeditated. First degree murder can be punishable by death if there are any aggravating circumstances present, including but not limited to: murder of multiple victims, hate crimes, murder of a police officer, judge, firefighter, witness, juror or elected official. First degree murder is subject to punishment of 25 years to life in prison. Second degree murder is punishable by 15 years to life. ROBBERY (More Robbery Info) For a discussion of Robbery, PC 211, please visit my article on California Theft Crimes If you or someone you know has been arrested for or charged with a crime of violence in Southern California, contact the Law Offices of Nicholas Loncar now for a free consultation with a Los Angeles Criminal Defense Attorney. We will discuss your case, the strengths, weaknesses, defenses and possible outcomes. You need a passionate, aggressive lawyer to fight for you. IMPORTANT LINKS: LA Sheriff's Inmate Locator Los Angeles Superior Court Los Angeles Police Department Los Angeles Felony Bail Schedule Los Angeles Misdemeanor Bail Schedule Nicholas M. Loncar, Esq. Los Angeles Criminal Defense Attorney t: 213-375-3775 | f: 213-375-3099 Mobile: 323-803-4352 Nicholas.Loncar@iDefendLosAngeles.com 1200 Wilshire Blvd | Suite 406 Los Angeles, CA | 90017 www.iDefendLosAngeles.com By Nicholas Loncar  LOS ANGELES GANG CRIMES LAWYER The first court appearance I ever made (while working for the Alternate Public Defender in San Diego) was a bail review hearing for a 19 year old client arrested for selling marijuana. At my client's arraignment, bail was set at $300,000 because of a tattoo he had on his forearm. The judge and prosecutor at his arraignment decided that his "M.O.B." tattoo meant "member of bloods" and decided to make his bail insanely high. My client assured me that his "M.O.B." stood for nothing more than "mind over body" and my lifelong obsession with hip-hop reminded me of yet another meaning: "money over bitches." After pouring through my client's police reports, I found a promising tidbit of information: my client was booked wearing a BLUE hat. Why judge, would a member of the Bloods have been wearing a blue hat? At bail review, I argued that no member of the Bloods would wear a blue hat and that "M.O.B." can mean "mind over body" or "money over bitches." After a roar of laughter from the audience in this felony courtroom, my non-gangmember client was released on his own recognizance. Bail went from hundreds of thousands of dollars to ZERO. What a great outcome for my first time in the courtroom. But I still could not understand why being in a gang made selling marijuana at a park more serious than rape or armed robbery. California is the birthplace of modern street gangs and LA has often been called the gang capital of the nation. With a long history of gang wars and violence, the California legislature developed very strict laws regarding gang membership. Mainstream society is terrified of the bandanas and face tattoos and the government sees these organizations as undermining their sovereignty. As a result, gang membership not only affects bail like in the case above, but is a crime in and of itself and can lead to substantially enhanced penalties. Legally, a criminal street gang is defined as a group of people who claim a geographic area, name or sign and together participate in criminal behavior. If you have been charged with any of the following gang-related offenses, you need a criminal defense attorney to represent you: PARTICIPATION IN A GANG PC 186.22(a) makes it a crime to participate in a criminal street gang and to assist in any gang member's felony conduct. So in addition to being charged with the principal offense, a suspected gang member will get a PC 186.22(a) charge added as well. GANG SENTENCING ENHANCEMENT Pursuant to PC 186.22(b), committing a felony for the benefit of a gang is subject to a separate and consecutive mandatory prison term. Prosecutors allege a gang enhancement when they believe that the defendant is the member of a gang and acted for the benefit of the gang. This enhancement is two to five years for nonviolent felonies and 10 years for violent felonies. Carjacking, drive-by shootings and home invasion robberies are subject to a 15 year gang enhancement. For example, if someone is arrested for selling marijuana, they would likely avoid jail time altogether and almost certainly avoid state prison. With the gang enhancement, however, the alleged gang member would have to serve at least two years consecutive to a prison sentence on the same crime. The "for the benefit of a gang" requirement has been read broadly enough to account for virtually any felony. Violent felonies, even if only personally motivated, are deemed to further a gang's goal of fear and intimidation. Vandalism will typically be assumed to represent some form of gang meaning. Crimes that bring the defendant money will be assumed to be money for the gang as a whole. I have seen the gang enhancement applied to drug sales, pimping and theft. Moreover, prosecutors may turn any misdemeanor into a felony if the misdemeanor is committed for the benefit of the gang pursuant to PC 186.22(d). This turns probation cases into state prison cases. (note: "probation" can include county jail time of up to one year, but not state prison time). These laws never sat well with me; nor do they sit well with the First Amendment's guarantee to freedom of association. And if you ask me, there is no more ominous gang than the Fraternal Order of Police. They band together to instill fear and terror in the citizens they are sworn to protect and will beat and otherwise brutalize anyone who interferes with even their illegitimate goals. If you or someone you know is charged with a gang crime or sentencing enhancement, there are some defenses available:
If you have any additional questions about how California law applies to gang activity, please contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney. IMPORTANT LINKS: LA Sheriff's Inmate Locator Los Angeles Superior Court Los Angeles Police Department Los Angeles Felony Bail Schedule Los Angeles Misdemeanor Bail Schedule Nicholas M. Loncar, Esq. Los Angeles Criminal Defense Attorney t: 213-375-3775 | f: 213-375-3099 Mobile: 323-803-4352 Nicholas.Loncar@iDefendLosAngeles.com 1200 Wilshire Blvd | Suite 406 Los Angeles, CA | 90017 www.iDefendLosAngeles.com By Nicholas Loncar  LOS ANGELES THEFT CRIMES ATTORNEY Theft crimes vary substantially in how they are treated by the courts and by law enforcement. Whether shoplifting a pack of gum or armed robbery of a bank, the law treats depriving another of their property very seriously. Especially when violence, the threat of violence or the possibility of violence is involved. Sometimes innocent people are falsely accused and sometimes otherwise good people make one mistake. All theft crimes are considered crimen falsi (crimes of dishonesty) and can greatly affect your criminal record, employment, and even ability to testify in court. Here is a breakdown of the different theft-related offenses under California law: LOS ANGELES PETTY THEFT LAWYER PC 484 and PC 488 make theft where the value of the goods stolen is under $950 a misdemeanor, petty theft. This is the most common theft crime charged in California. If the value of goods stolen is under $50, the misdemeanor can become an infraction. PC 666 allows the prosecution to treat Petty Thefts as a felony if the defendant has a prior petty theft conviction. In these cases, your attorney may be able to negotiate for a misdemeanor anyway. Theft of items worth less that $950 can also be Grand Theft, and can be charged as felonies if the property stolen is a car (Grand Theft Auto), the theft involves a firearm (Grand Theft Firearm), or the property is taken directly from the person of another (Grand Theft Person). With a strong defense, it is possible to win your case at trial or to avoid jail time with plea bargaining. LOS ANGELES GRAND THEFT LAWYER When the value of goods stolen exceeds $950, PC 487 provides that the defendant will be charged with Grand Theft. Grand theft is a "wobbler" and can be charged as either a misdemeanor or felony. Even if initially charged as a felony, it can later be reduced to a misdemeanor with a 17B motion or Prop 47 motion (if value below $950). Additionally, with a pending grand theft case, an attorney can argue the valuation of the stolen items or whether an item was in fact taken "from the person of another." Grand theft carries more severe penalties than Petty Theft and should be taken very seriously. LA RECEIVING STOLEN PROPERTY ATTORNEY PC 496 makes it a crime to buy, sell, conceal, or withhold any knowingly stolen property. If someone is found in possession of stolen property, even without any evidence of a taking, they can be convicted of Receiving Stolen Property. Like many theft crimes, PC 496 is a "wobbler" and can be charged as either a misdemeanor or felony. The best defense to this charge is to show that there was no way to reasonably know the property was stolen. Pursuant to CA Prop 47, receiving stolen property valued below $950 is a misdemeanor. This applies retroactively to already-sustained convictions. BURGLARY LAWYER IN LA (MORE BURGLARY INFO) Pursuant to PC 459, entering a structure with the intent to commit a felony (or any theft) inside constitutes burglary in California. This means that Burglary can be charged even when there is no theft. For example, if someone breaks into a business to vandalize, that can be charged as a burglary. There is no requirement that the defendant "break" in, steal anything or even commit any felony once in the structure. So long as the defendant had an intent to commit a theft or felony when entering, he/she can be found guilty of burglary. 2nd Degree Burglary (not of a residence), is a "wobbler" and can be charged as a misdemeanor or felony. As a result of CA Prop 47, commercial burglary, as a felony can only be applied to thefts of over $950, and thefts not at normal business hours. Shoplifting is shoplifting now in California, not burglary as has been charged for so long. If you or someone you know has a prior conviction for commercial burglary, you may be eligible to reduce your felony to a misdemeanor. Residential burglary (1st degree) is treated much more seriously because of the likelihood that the event may escalate into violence. Residential burglary is always a felony, a "strike" under California's three strikes law when someone enters an inhabited dwelling. Because intent is the key element to burglary, fighting a Burglary charge is possible. Intent to steal or commit another felony could have occurred after entry, making it no longer a burglary. ROBBERY (MORE ROBBERY INFO) Under PC 211, it is a felony (and a "strike") to take any property from the person or presence of another by the use of force or fear. This is the most serious of all theft crimes and is subject to substantial enhancements for use of a weapon, bodily injury to the victim. The force requirement can be satisfied even after the taking took place. For example, if a store catches and stops a shoplifter, and the shoplifter uses force to get away, they could be charged with robbery. Even stealing items of small value could go from a small, Petty Theft to a felony that is also a "strike". If you have any specific questions about California theft crimes not addressed above or are facing any of the charges discussed, contact my office for a free consultation with a Los Angeles Criminal Defense Attorney. IMPORTANT LINKS: LA Sheriff's Inmate Locator Los Angeles Superior Court Los Angeles Police Department Los Angeles Felony Bail Schedule Los Angeles Misdemeanor Bail Schedule Nicholas M. Loncar, Esq. Los Angeles Criminal Defense Attorney t: 213-375-3775 | f: 213-375-3099 Mobile: 323-803-4352 Nicholas.Loncar@iDefendLosAngeles.com 1200 Wilshire Blvd | Suite 406 Los Angeles, CA | 90017 www.iDefendLosAngeles.com By Nicholas Loncar |
"Mr. Loncar has a great reputation in the legal community. I highly endorse his service to anyone in need of legal help."
-Attorney Andrew Leone HOME | ATTORNEY PROFILE | PRACTICE AREAS | KNOW YOUR RIGHTS | BLOG | CONTACT | PASSION AND PERSONAL SERVICE The Law Offices of Nicholas Loncar, located on Wilshire Boulevard in Los Angeles, provide tenacious, passionate and affordable criminal defense to clients throughout Southern California. If you're facing criminal charges or are under investigation, contact our office today for a free consultation. LA Attorney Nicholas Loncar is deeply committed to criminal defense and fights hard for his clients in every case.
Law Offices of Nicholas Loncar
1200 Wilshire Blvd
Los Angeles,
CA
90017
Phone: 213-375-3775
URL of Map Useful LA Criminal Defense Resources:
LA Inmate Locator LA Superior Court LAPD Online LA County Law Library LA Felony Bail Schedule LA Misdemeanor Bail Schedule |