Assault and Battery
Obstruction of Justice
Disturbing the Peace
Violence (DV) is a description for a type of case; it is not, by itself, a
criminal charge. There must be an
underlying charge. What determines if a
case is a DV case is a personal close relationship between the defendant and
the alleged victim. It can be either a current
or a past relationship. Before trial,
the prosecutor requests the case be filed as a DV case – and then must bring
out evidence that a relationship exists or did exist. If the case is determined to be a DV case,
automatic sentencing penalties apply including DV treatment programs, no
contact orders, etc. A conviction for a DV
charge can also cause large livelihood repercussions, as many industries and professions
will not offer employment to individuals guilty of a DV charge.
Often when the alleged victim, or complaining witness, contacts the prosecutor and owns up that she was never really assaulted or battered, she then becomes a "recanting victim" and a hostile witness for the prosecutor. The prosecutor could care less and will still attempt to convict the charged offender.
Sometimes the prosecutor will summon a "Domestic Violence Expert" to testify. The testimony will go something like this, “Each alleged victim who now states that the assault never happened is untruthful. This is just a symptom and usual pattern of the ‘cycle of violence.’ The victim is simply attempting to cover up and to shield the defendant during the jury trial.”
However, DV cases have more false accusations than any other criminal charges. Often one spouse will get angry at the other, and want to teach them a lesson, or scare them, by picking up the phone and dialing 911. They think that this will accomplish their goal. In reality, what it does is open a Pandora’s box that neither party has any control over. Once that call is made a skillful and an experienced attorney is needed. Call the Law Offices of Kim W. Hansen 1-714-289-2662, as I have handled many Domestic Violence cases similar to your situation, and will help you with your DV problem.
Photographs are important
If you have been involved
in Domestic Violence trouble, take photographs of your injuries that occurred during
the incident. Often the police take photographs
of the "victim's" injuries, but many times fail to take photos of the
alleged aggressor’s injuries. Photographs
of your injuries may be very helpful in supporting your version of the event,
and to explain to a persecutor or jury that you were acting in self-defense. Additionally, if possible take photographs of any damaged personal
property that was a result of the incident.
Accusations for sexual assault are sobering, particularly in California. You will need an experienced, and capable attorney to meet your needs. Sexual assault is a highly emotional subject, and juries are frequently partial in support of the alleged victim, more than ever in matters where the alleged victim is a child. Several of these types of cases bring stiff sentences.
The obligations of probation and the penalty for violating probation are severe. Registration as a sex offender, possible loss of livelihood , and public humiliation are some of the likely fallout. Any California criminal defense attorney will advise you the duties the court places on the client are extreme, and that often the terms of probation sets the defendant up for an unsuccessful outcome.
Some things to think about . . .
An accomplished criminal attorney has a better probability of obtaining a favorable outcome for you. Most prosecutors know the defense attorneys. An attorney recognized to be detailed, well-ordered, and proficient will exact a superior plea offer than one lacking those traits. If the case goes to trial, it may be a fight to obtain facts supportive to you admitted into evidence, and seen by the jury. Even if you win that fight, you need an attorney who can argue the facts persuasively.
Criminal threats law in California are found in section 422 of the California Penal Code. Section 422 makes it unlawful to make criminal threats. California law defines a criminal threat as a threat of immediate harm made to another person when the defendant intends to, and does, cause fear in the person threatened. The punishment for criminal threats in California is up to one year in local jail or state prison.
If you are facing charges of
criminal threats in Orange County, or any where else in Southern California, contact the Law Offices of Kim W.
Hansen, (714) 289-2662, to discuss your case.
We will do a thorough evaluation and determine any possible defenses and
give you a suggested recommendation.
oral or written threats to inflict injury or physical harm to property may have
you being charged with making terrorist threats. A terrorist threat is a serious
accusation. The law defines a terrorist
threat as a threat to commit any crime of violence with the idea of terrorizing
another, leading to the evacuation of a building, public or assembly, or
facility of public transportation, resulting in serious public inconvenience,
or recklessly disregarding the risk of causing such terror or inconvenience. A conviction of terrorist threats in today’s
climate can have a harsh impact on an individual. Those harsh penalties can consist of lengthy custody
time, large fines, restitution, parole and a criminal conviction on your
Assault with a deadly weapon
In California, a deadly weapon can be a firearm, whether it is loaded or not, a knife, a club or any other device likely to produce death or serious bodily injury. Even your fist can be regarded as a deadly weapon. If proven, utilizing a deadly weapon can produce a long prison sentence. These charges must be defended with care and proficiency.
Gun charges used in relation to other crimes
When a gun is used in the commission of another charged crime such as robbery, drug charges, domestic violence crimes, and other violent crimes, it raises the penalty significantly. When the prosecutor includes a firearms allegation to even the slightest criminal charge, the circumstances for the accused becomes much worse. The firearm enhancement means more prison time. If you have been charged with using a firearm during a crime, speak to a lawyer with a skilled criminal defense background.
At the Law Offices of Kim W. Hansen in Orange, California, we represent individuals arrested and charged with criminal firearms and gun charges. After your arrest many people will be involved with your case. However, your attorney will be the one person helping you on your side on your case. We have carefully studied and practiced criminal defense for the past 15 years.
Assault & battery
One of the most common criminal charges is assault and battery. The sentence for any assault and battery charge will, like many criminal allegations, be partly based on aggravating or mitigating facts of the case. Of course, acts that appear unusually violent or vicious to the judge are more apt to end with jail or prison sentences than acts that are less serious, or are defensible by provocative acts.
A common defense to assault and battery charges is self-defense. A defendant charged with assault and battery has the right to show evidence that explains how they used force to defend themselves from the "victim" in their case. Nevertheless, the defendant is only permitted to use as much force as is reasonably necessary to protect himself. For example, the defendant cannot shoot someone to evade being involved in a fistfight, unless the defendant demonstrates deadly force was necessary to stop the victim from attempting to kill him.
Cases of self-defense
A common defense to an
assault and battery charge is self-defense, particularly in cases where there
is no independent witness to the incident.
It is vital to have someone take pictures of any injuries the accused received
from the incident. It may possibly be
critical later on to proof self-defense was necessary.
Resisting arrest is found in California Penal Code Section 148(a)(1), but not only does it make it unlawful to resist arrest but also it makes it unlawful to delay or otherwise obstruct an officer performing his or her duty. So even if you were not being arrested you can still be charged with this offense. The penal code makes this offense a misdemeanor and the sentence can be up to one year in jail and a $1,000 fine. You do not want this on your record because any future contact with the police will have them believing that you like to fight cops. Even if you factually didn’t fight them but only delayed or obstructed them, they will approach you with the mentality that you like to fight cops.
To be convicted of this crime the prosecutor has to prove that you willfully resisted, delayed or obstructed an officer, engaged in the performance of his or her duties and that you knew or reasonably should have known that he or she was an officer engaged in those duties.
Examples of resisting, delaying or obstructing can be fighting, running or hiding from an officer. Struggling while being handcuffed, put into a police car and booked into jail can also lead to being charged with a 148 PC. Even passive activities like being untruthful of who you are when asked or giving no response when being booked into jail or disregarding an officer’s order to not interfere with a on-going investigation can lead to be charged with this crime.
Engaged in the performance of his or her duties means the officer is making or attempting to make a lawful arrest, or exercising custody over a person who is under citizen’s arrest, or detaining or attempting to detain someone for questioning, or using reasonable force to conduct a lawful detention or make an arrest.
Knew or reasonably should have known means whether a reasonable person in your shoes at the time of the offense would not have been aware of the fact that you were dealing with an officer who was engaged in the performance of his or her duties. This will be judged objectively by the facts of the case. Some facts that might be considered are:
· Was the officer in uniform
· Was the officer attempting to handcuff someone
· Was the officer driving a marked police car
· An unlawful arrest
· Police misconduct
· False allegations
If the prosecutor has a strong case you may be able to get your criminal defense attorney to seek a reduction of the charge to a lesser related offense. Your attorney should know what those reduced charges could be and you should ask if it would be advisable to plead guilty to these lesser charges to keep the California Penal Code Section148 offense off of your record.
you have further questions about California Penal Code Section148, resisting
arrest, or want to discuss your case in confidence, contact the Law Offices of
Kim W. Hansen.
Obstruction of Justice
Obstruction of Justice Charges in CaliforniaWhen government investigators are probing a crime and don’t feel they have adequate proof to convict, they may believe the person they feel is withholding information, should be charged for obstruction of justice if the believe the person was refusing to give information or impeding the investigation. This is a serious charge, and can result in a state prison sentence. This crime can also be filed against any person who concealed or destroyed objects connected to a crime, or attempted to prevent another individual from providing information regarding a crime. Legal assistance form a California defense attorney is important if you have been charged with obstruction of justice, or if you are being investigated for a crime and believe you may be charged with that offense. Call the Law Offices of Kim W. Hansen, for the legal help you will need to defend against this charge.
is a type of criminal charge known as a misdemeanor. A misdemeanor is less serious than a felony,
in that the court cannot sentence you to state prison. However, some misdemeanor convictions allows
for a penalty for up to three months, six months or twelve months in local jail
depending on the charge. Any time spent
in jail can be a life-changing experience for most people. If you have been arrested or charged for
trespass, you should contact a California
criminal defense attorney to protect your rights. Going to court on a trespass offense by
yourself, can be difficult to know how the judge or a jury will decide your
case. In some cases, the court may impose the maximum sentence, based on the
persons record, including prior convictions, and other aggravating factors. Do not gamble with a trespass charge,
regardless of how minor it may appear.
Know what to anticipate before you go to court.
Disturbing the Peace
Disturbing the peace is found in California Penal Code section 415. Disturbing the peace is a crime but is often used when negotiating a plea bargain. Frequently a disturbing the peace charge is what a California criminal defense lawyer will request when attempting to bargain for a reduced charge for the client. The prosecutor has discretion of making the charge a misdemeanor of an infraction.
You can be found guilty of this charge for unlawful fighting, unreasonable noises or using fighting words. There are defenses that can be used to defend against this charge such as: lack of intent, self-defense in the case of unlawful fighting, conducting a constitutionally protected activity, and wrongfully accused or arrested. If you have questions about disturbing the peace and would like to discuss your case confidentially with a California criminal defense attorney contact the Law Offices of Kim W. Hansen.