Los Angeles Criminal Defense Lawyer Blog

"Assault is either the threat or attempt to strike another, whether successful or not, where the target is aware of the danger."

Violence is an increasing issue throughout Los Angeles, and assault is one of the major areas where the law is constantly challenged. Recently, in Texas, a matter known as the Jena 6 situation has ruined a community all in relation to an assault that took place.

Assault isn't a crime that is gender or class specific, it happens to rich and poor, young and old, male and female. There is a case recently where jailers allegedly beat an inmate and pepper sprayed his genitalia. In many cases of assault, the issue isn't simply that the victim suffered physical harm, but that there are lingering mental and emotional affects that continue long after the physical scars have healed.

Assault is a matter that even the California legislature is constantly taking under consideration, trying to protect victims of such crimes. In fact, due to how often and in how many different places assault takes place, the legislature is increasingly allowing various state government officials to arrest violators.

Often times, the terms assault and battery are used in conjunction, however they are different crimes. Assault is the threat of an attack, battery is the actual violent act. The danger is assault is that it leaves the victim in constant fear of attack. Assault can range from a misdemeanor to a serious felony. In California, where three strike laws are in affect, assault crimes can cause some serious jail time for the individual charged.

Pointers - Here are some important factors in laws governing assault:

"There is a requirement that the assaulter must be reasonably capable of carrying through with the attack."

"If the assault is done with a deadly weapon, the intended victim does not need to know of the peril."

"California law distinguishes between first or second degrees of assault depending on whether there is actual hitting, injury or a threat."

Statutory rape is illegal sexual activity between two people when it would otherwise be legal if not for their age. Meaning, there's a relation between two individuals, one of whom is under-age, and the relationship involves consensual sexual activity. A forced sexual relationship would be covered by an entirely different set of laws, i.e. rape, sexual molestation, etc. The danger in statutory rape is that both parties are consenting, the illegality is that one party is not a consenting adult.

Jamie Lynn Spears, the younger sister of Britney Spears, recently announced she was pregnant at the age of 16. There was talk of possible legal action against the father because the age of the man in question wasn't known.

In California, the law states that any sexual activity with a person under the age of 18 is illegal, and if the perpetrator is over 21 years of age, then the penalties and sanctions are much more stiff. They are punishable by a year to four years in jail, not counting probation, fines, community service, etc. And since sex offenders tend to have little leniency either with the court or the public, an offender is sure to have to fulfill some portion of his/her jail time.

Here are some tips for both consenting adults and underage individuals:

Adults:

• Courts rarely, if ever, accept a "mistaken age" defense. If you break the law, don't expect a jury and/or judge to be swayed if you say "he/she looked 18."


• Oral sex is sex. There are no "rules" as to what qualifies as sexual contact in a court case, meaning that a defense based around what constitutes sex won't fly. Any sexual contact is punishable by law, touching, oral, intercourse, anal, etc.


• Depending upon the severity of your crime (if convicted obviously) you will be entered into a variety of databases and may even be barred from living near a school, playground or park.


• Steer clear of individuals looking for a "dad." Some of these relationships start innocently enough with juveniles trying to find "father figures" in their lives, however they can turn dangerous giving the proper situation. Reject all alone time with underage males/females, especially if they are having family problems, are from a broken home, have divorced parents or who seem to latch on to older teachers, pastors or authority figures.


• The laws are not in your favor; politicians have not passed laws to protect adults from unwanted advances from minors, rather the opposite is true. In essence, if indicted, you will be already a step behind due to the burden or proof, evidence and general wording of most laws.

• Be aware of past predators, the individual you are in a relationship with may have prior relationships with underage victims. Here is a website to track past offenders in your neighborhood.


• If you're in a relationship with an older individual and you truly care about that person, cut off any sexual activity as you are putting that person in harms way in terms of jail time.


• If you felt you have been coerced, talk to an authority figure, as police will believe a minor who comes in with a parent, teacher, clergyman, coach more readily than a teenager who comes in claiming an adult was coercive.


• The law is on your side, however you must still have proof.


• Don't put yourself into situations where an adult can either be manipulative or where an adult, even a close adult, feels compelled to come on to you. Meaning don't spend too much time with a teach of the same sexual orientation while wearing skimpy outfits or during emotional times. If you need to talk to someone, talk to a teacher who is the same gender, or a member of your local religious institution who is the same gender.

Britney Spears, the one whom no paparazzi can ignore, has a unique place in our culture. Due to her rather unbalanced life, her every move draws dozens of paparazzi photographers. And who can blame them? They can potentially get paid hundreds of thousands of dollars for photographs of her doing something news worthy. And, being a great performer, she hasn't disappointed her audience. In the last year she's gone through:

Child custody battles

Rehab

Rages

Psychiatric Care

A war with television's Dr. Phil

A 16 year old sister getting pregnant

Has a No. 1 single after years out of the music scene

Britney simply lives a life that draws a crowd. However, there is a major legal issue constantly at odds with Britney and other pop culture icons (Lindsey Lohan, Paris Hilton, Nicole Richie, etc.). That is the press' First Amendment Rights and the celebrity's right to privacy.

The First Amendment Reads:

Congress shall make no law ...abridging the freedom of speech, or of the press.

There are a number of federal and state laws providing privacy for citizens, including a California State Law protecting the use of public information (SB 1386), the Privacy Act of 1974 and the Privacy Act of 1988.

The challenge has been where these two laws collide, and celebrities seem to be the nexus point where the collision occurs. Take for example Michael Jackson's divorce. Media outlets were suing the state to allow Jackson's divorce papers to become public. Most people would say that the matters of their divorce are private and not for public consumption, however Jackson is a celebrity and so laws aren't quite the same. Courtney Love for example complained that she had no recourse against slander because it is government law that once a person's name is used quite a few times, that individual no longer has the right to protect their name.

All this brings us back to Britney Spears. Is it legal for the press to follow this girl and overwhelm her with flash photography, swarms of media and the like? Well, for 99% of citizens, a lawsuit or even criminal charges would be in order for the press. However, laws governing stalking and public property access allow for photographers to walk by the score with Britney as she gets her daily caffeine fix.

In a recent case, Bartnicki v. Vopper the United States Supreme Court said that free-speech/freedom of the press are equally as important as the right to privacy. One major challenge in all of this is that the laws were originally intended to allow the press to freely criticize and even attack the government, while matters involving Lindsey Lohan and Britney Spears are slightly less essential to the public good.

There are swirling issues surrounding celebrities and the paparazzi, such as should they paparazzi be allowed to photograph near schools, should they be allowed to photograph the children of celebrities and so on.

A German court actually sided with a member of royalty, Princess Caroline, as they ruled that she could not be photographed eating, swimming, shopping or other mundane things without her consent.

However, in America, the press has even attempted to claim it has the right to view autopsy photos and videotapes.

The battle rages on and there doesn't seem to be a a resolution in site.

According to the Los Angeles Police Department, a woman is beaten every 15 seconds and domestic violence is the leading cause of injury for women between the ages of 15 and 44. However, it isn't just women who are affected by this travesty, sixty-three percent of the young men between the ages of 11 and 20 who are serving time for homicide have killed their mother's abuser.

Domestic violence isn't just a crime that ends when the judge's gavel bangs, it splinters into a variety of other crimes. Unfortunately, both the famous and the unknown are victims and perpetrators of this crime.

In 2004, domestic violence disputes made up 45% of all assault arrests. As a result, the penalty for such convictions has grown stiffer, with more jail time, higher fines, loss of child visitation rights and other forms of punishment which hit close to home.

The following are some tips on how to deal with and, if possible, prevent domestic violence:

For Victims

Be aware of your loved one's family history. Someone abused by their parent or a former loved one may be more prone to to commit the same act.

If you, a friend or a family member are victims of such a crime, call someone as soon as possible and get help.

Get away from the individual who is abusing you as soon as possible, the criminals who perpetrate this crime will not wait get better because you stick around.

For Abusers

Know that there are people willing to help train and counsel you through your challenges.

Stay as far away from alcohol as possible, alcoholism and domestic abuse unfortunately go hand in hand.

If falsely accused, find an criminal defense attorney as soon as possible.

Embezzlement is defined as "the fraudulent conversion of property of another by a person in lawful possession of that property". America has had its share of famous embezzlers, including Robert Vesco, who in the 1970's stole tens of millions after he took over Investors Overseas Services, a struggling mutual fund company. This past September in El Paso, TX a woman created fake social security numbers after she was put in charge of distributing funds to people in need, allowing her to make purchases for herself.

Southern California has been no stranger to embezzling, and its affects have damaged or even ruined both the reputations of public institutions, but public trust as well. Take the city of Irvine. There they have a project known as the "Great Park" which is a site purchased from the federal government after a military base was closed down. The site is a billion-dollar operation as construction and development are on-going. An individual known as Matt Bryant was appointed to be a major leader in the development and organization of the entire project. However, only recently has it been discovered that he embezzled funds in 1989 from San Juan Capistrano and used it for cocaine. Bryant in fact pleaded guilty and was convicted of embezzlement for stealing almost $23,000 in public funds to buy cocaine and go on weekend benders. Individuals guilty of this crime always have access to public funds through a bank account and are able to manipulate the system.

Another individual whose embezzlement not only infuriated others, but threatened lives is Bo Steffan Eriksson. Mr. Eriksson was the Swedish national who crashed a $3 million Ferrari Enzo and first blamed it on an unknown assailant and then claimed responsibility. Apparently, a British bank had purchased three high end sports cars and Eriksson never paid a cent back. He pleaded guilty to embezzling funds and was sentenced to three years in prison.

Like most white-collar crimes, the jail time varies with each individual. In public cases the judge may offer a stiffer sentence in order to make an example of the individual. In smaller matters, there may be only a few months in jail, along with a hefty fine.

Drivers experience bad luck from time to time, either allowing momentary distraction to cause an accident or finding an overanxious jogger late at night. However, hit and run accidents can cause major damage to ones driving record. They can be deadly, and lead to intense penalties.

Here are some tips for both ends of the accident, the offender and the victim:

For the Offender:

Do not leave the scene of the accident until you have spoken to the driver and, potentially, to the proper authorities. If the driver leaves the scene he or she can be penalized with up to six months in jail and a $1,000 to $3,000 fine.

Call the police if at all possible. A simple bump on the freeway may not necessarily warrant a 911 call, but when the driver of the other vehicle claims whiplash and sues your insurance company (thus driving your insurance costs through the roof) you'll wish you'd spoken to the police and had the accident documented.

Take the information of the person whose car/person you've damaged. This may come in handy for legal and/or insurance purposes.

Do not file a false claim with the police/insurance agency. Insurance fraud is a criminal offense, as is lying to the police. Should the matter escalate, jail time may be in order over a simple fender bender. If you find yourself however not following these tips, and in potential trouble with the law, you should consult a criminal defense attorney.

Victim

If at all possible, get the information of the automobile that has hit you and/or your vehicle. Get the license plate number, the type of vehicle (make, model, color, etc.) and if possible ID the person who was driving (as it may be a stolen vehicle, friend of the owner, etc.). Immediately write down every last bit of information in case you forget.

Keep a pen and paper in the glove compartment should you need to write down the information of a car quickly.

Talk to witnesses who may be able to help should there be a criminal investigation. Get names, telephone numbers and even ask them to write down their account of what happened. Should there be a "he said, she said" situation with police or insurance investigators, this will be a major asset.

Make sure you have collision coverage through your car insurance company. If you're the victim of a hit and run and your vehicle is totaled, you will only be covered on your car (and the loan if you are financing) if you have collision insurance.

Select your insurance company wisely. Don't just settle for cheap coverage so you have something to show the police should you get pulled over, instead make sure to review your policy, research your company and know exactly what you're covered for in the case of an accident.

Wesley Snipes, star of the Blade trilogy and many other popular films, was the defendant in one of the most intriguing and provocative cases in history. Mr. Snipes reportedly made in the neighborhood of $38 million between 1998 and 2004, starring in a half dozen or so films. However, it was reported that he paid no taxes during that time. Snipes claimed that he didn't believe he had to pay taxes. He became the most prominent person prosecuted for tax evasion since Leona Helmsley, i.e. the Queen of Mean, was convicted in 1989 and ordered to serve 19 months in prison and 2 more under house arrest.

Snipes was charged with conspiracy to defraud the government (which is a felony), filing a false claim for a $7 million refund (also a felony) failing to file a tax return for six straight years and other minor charges. Snipes argued that he was not guilty and acted on the advice of two individuals (who were also charged in the case).

Snipes' co-defendants were Eddie Ray-Kahn, the founder of a tax protest group, and Douglas P. Rosile, the accountant who did all of the work for Mr. Snipes.

The attorney representing Snipes is Robert Beinhoft. Mr. Beinhoft has been barred by court order from selling a program in which he said people could legally stop paying income taxes. This particular issue of tax protest has been a major one, and while most individuals who argue that they have no obligation to pay federal taxes are convicted, a few do have mixed results. Joseph Banister, a former criminal investigator for the IRS and Tom Cryer, a Louisiana Lawyer, were acquitted of similar charges by the IRS. However, in every case where an individual has been found not guilty, they are still held responsibly for their taxes regardless of the legal outcome.

The arguments put forward by Snipes' attorney included: that the tax code meant no citizen "had" to pay taxes on income earned in this country and the agency had no legal authority to collected wages anyway, because it is not a proper government agency; and, that Snipes was victimized by crooked advisers (Ray-Kahn and Rosile), and tried for years to get the IRS to explain whether he owed taxes. Prosecutors say Snipes paid taxes in the 1990's, up until he met Kahn in 2000. He allegedly stopped filing returns, illegally sough $11 million in 1996 and 1997 taxes paid and drew fake checks to pay the U.S. Treasury.

In cases of this matter, the IRS bears a unique burden of proof, being that it is a criminal case. The agency must show not only that someone broke the law, bur he/she did so with willful, bad purpose to defraud the government. This precedent was set in Cheek v. United States, 498 U.S. 192 (1991). Basically, they have to prove that Snipes not only intended not to pay taxes, but that he did so with the intent of causing the government harm in some way.

OUTCOME

The trial was before a jury, which is tricky due to most people's disdain for the IRS and knowledge of Mr. Snipes due to his celebrity. Many Los Angeles criminal cases involving celebrities are difficult to prosecute because juries feel they know the defendant, and current LA District Attorney Steve Cooley has said as much.

The jury acquitted Snipes of tax fraud and filing a false claim, but convicted him on three other misdemeanors of willful failure to file a tax return. Had be been convicted on all counts, Snipes would have faced up to 16 years in prison, now he faces up to only 3 years. He now must also see if he faces prison for not declaring his income from 1999 - 2004 in the proper manner, which cost the tax authorities millions of dollars.

Snipes Attorney was quoted as saying "Our position has been all along that Mr. Snipes committed no fraud. He had no bad intent, and that's what the jury accepted."

However, Snipes co-defendants, Kahn and Rosile, were convicted of fraud and filing false claims, and face up to 10 years in prison for the convictions.

HISTORY

The 16^th Amendment to the United States Constitution established the Income Tax. Passed in 1913 under then President Woodrow Wilson, it overturned a Supreme Court case known as Pollock v. Farmer's Loan & Trust Co. That case limited Congress' ability to levy a tax on income. There has been great controversy as to the ratification of this amendment, as many say that it was never properly ratified. The process to amend the Constitution is an arduous one, and there have been claims, and even books written, that not only weren't there the proper members present in Congress, but that there were incredible inconsistencies in how the states ratified the amendment.

There have also been arguments put forward by what are deemed "tax protesters" claiming that the amendment doesn't permit the taxation of individual income or particular forms of individual income. They are referred to using "861" which is the particular part of the tax code that is often brought into question. Others also claim that the 1^st and 5^th Amendments eliminate any obligation to file a return.

These arguments have never been taken seriously in a court of law; however factional organizations have taken up this cause and even current presidential nominee Ron Paul has been affiliated with such groups.

What do jockey Patrick Valenzuela, actress Lindsey Lohan and Vice President Dick Cheney have in common? They all currently, or in the past, have DUI issues. The last few years have been riddled with DUI arrests and violations, and this year started off with a bang as well. Celebrities and secretaries share one major issue, they all drink and drive. In California alone last year, there were over 178,000 DUI arrests.

The legal ramifications of this are obvious, get arrested and screw up your record. However, offenders can also have their licenses revoked (making getting to and from work impossible) and other punishments. Here are a few of the consequences in the state of California for those who choose to drink and drive:

First Offense

• 1 Hour in Cuffs


• 4 Hours in Jail


• 2 Days at DMV


• 15 Weeks DUI Class


• 4 Months Without a License


• $2,700 Car Insurance Fee Increase


• 7 Years with 2 Points on Driving Record


• Over $5,000 in total of fees, assessments and fines

• Fine Between $390 and $1,000


• 10 Days to 1 Year in Jail


• 18-month License Suspension


• Over 2 Years in Alcohol/Drug Program


• Work-to-Home License Restrictions

Third Offense:

• 120 Days to 1 Year in Jail


• $390 to $1,000Fine


• 3 Year License Revocation


• 18 Month Substance Abuse Program

If you are arrested for such an offense, first see what the law says and what your options are and how you can get your car back.

Next step, get in touch with an attorney who specializes in DUI cases. Los Angeles has a number of DUI attorneys who can handle such matters. They may not be able to get your car out right away, but minimizing the damage to your license, your record and your future is vital if you're ever to make a recovery.