Recently in Three Strikes Law Category

August 10, 2011

Long Beach Residents Arrested In Connection With UCLA And UC Irvine Burglaries

According to KTLA, two Long Beach residents have been arrested on a suspicion of committing burglaries on the campuses of UCLA, UC Irvine and several other University of California campuses.

If you have been charged with burglary it is important to contact an aggressive Los Angeles burglary defense lawyer as soon as possible to protect your rights and begin preparing your defense.

Under California law, burglary is considered a type of theft crime. Burglary is defined as entering into a building with the intent to commit a crime - typically grand theft or petty theft. Grand theft applies to cases where the value of the item stolen is in excess of $400. In burglary cases, the prosecution need not prove that the accused actually committed a crime, just that the intent to do so existed. Burglary may be classified as first-degree or second-degree. First-degree burglary involves entering into a person's home with the intent to commit a crime, whereas second-degree burglary usually involves entering a persons business or a commercial building. First-degree burglary is always considered a strike under California's Three Strikes law. Second-degree burglary may be charged as a felony or misdemeanor.

UC Irvine police arrested Karim Patrice Davis and Angie Latoya Gray after obtaining search warrants based on information obtained by tracking credit cards. If convicted, they face potential prison time, restitution, steep fines and potential restrictions on their ability to work.

Davis and Gray are also suspected of committing burglaries at Cal State Long Beach, Cal Poly Pomona and Cal State Fullerton.

Two other men - Jacob Amir Qureshi and Jason Walker - who were with Davis and Grey were arrested on outstanding misdemeanor warrants. Outstanding warrants are serious matters that need to be taken seriously. Many people believe that outstanding warrants may disappear with time. This is not the case. Outstanding warrants need to be taken care of - otherwise law enforcement has permission to arrest you immediately. Incidents that might not typically land you in jail may result in incarceration if the warrant is not resolved.

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July 18, 2011

West Covina Arrests Of Two Men On Suspicion Of Robbery, Carjacking And Assault

According to the San Gabriel Valley Tribune, two men have been arrested on a suspicion of a several charges following a brief pursuit. The men allegedly entered a 7-Eleven store with a handgun, demanded cash and fled. The suspects were not immediately found. A second robbery then occurred with similar suspect description, and police followed a vehicle matching the same description, eventually detaining the men after the car crashed into a house on Veronica Avenue.

The men were arrested on a suspicion of robbery, carjacking, evading police and assault with a deadly weapon.

If you are facing any Los Angeles criminal charges, it is important to contact an experienced Los Angeles criminal defense attorney immediately to protect your rights and begin preparing your defense.

Here, if convicted the men face serious penalties. Robbery is considered a violent crime and counts as a "strike" under California's "Three Strikes" Law. Three Strikes convictions are used to significantly enhance future sentences and punishments. Further, where a gun is involved, sentencing may be even further enhanced.

In many cases though it is possible to defend against a robbery prosecution. Each element of the crime must be proven thorough evidence such as videotape surveillance, circumstantial evidence or witness statements. Although here the men face charges stemming from both alleged robberies, whether sufficient evidence exists connecting the men to each incident is unclear.

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June 30, 2011

People v. Skiles Holds That Faxed Copy Of Prior Out-of-State Felony Conviction Qualifies As Evidence Of A Serious Or Violent Felony Under California's Three Strikes Law

A recent California Supreme Court case - People v. Skiles - evaluated whether faxed evidence of a prior out-of-state conviction could be used to show a "strike" under California's Three Strikes law. In Skiles, a California man was convicted or residential burglary and receiving stolen property.

Under California law, residential burglary is considered "first-degree burglary" and requires the prosecution prove that you had the intent to commit a felony or theft before you enter someone's home. First-degree burglary is charged as a felony and constitutes a "strike" under California's "Three Strikes" law.

California's "Three Strikes" law is one of the harshest laws of its kind in the country. Not only will someone with two or more prior strikes be convicted to 25 years to life for any felony conviction, but also those convicted of a second "strike" must be sentenced to double the prison term of the current conviction.

Here, Skiles was convicted of residential burglary after a couple returned to their motel room and noticed that it had been burglarized. Witnesses stated that they had seen Skiles in the area and police found his fingerprints in the hotel room.

During the sentencing phase, the prosecutor introduced a single page of an indictment from Alabama for vehicular homicide. However, the document introduced did not contain a factual description of the charges. In order to gather more evidence that Skiles committed a serious felony, the prosecutor had the Alabama court fax a certified copy of the first page of the indictment, which described the charges in detail. Based on the faxed copy, Skiles' robbery conviction was considered a second strike and he was sentenced to 9 years for robbery.

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June 4, 2011

Los Angeles Suspects Accused Of Robbery And Murder Of MTV Employee Plead Not Guilty

According to the Los Angeles Times on Thursday three suspects accused in Gabriel Aron Ben-Meir murder and robbery spree pleaded not guilty to all charges. One suspect, Destiny Young faces both robbery and murder charges, while two others face robbery charges.

If you have been arrested and charged with a serious crime such as robbery or murder, it is critical to retain an experienced Los Angeles criminal defense lawyer at once to protect your rights and begin preparing your defense.

Here, the individuals are suspected in 10 robberies in Mid-City, Southwest L.A. and Wilshire areas of Los Angeles, as well as 2 Los Angeles murders, including the shooting of Ben-Meir, an MTV music coordinator.

Under California law, robbery includes those situations when force is involved in the attempted taking of money or property. Robbery is considered a violent crime and included as a "strike" under California's "Three Strikes" law. When the assailant uses a gun or knife while in the course of the robbery, sentence enhancements may apply, creating longer prison sentences.

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May 7, 2011

Los Angeles Men Arrested For Pasadena Robberies

The Pasadena Star-News reports that two Los Angeles men have been arrested on a suspicion of committing armed robbery. Four robberies allegedly occurred in the span of an hour. The men were reported to be driving around Pasadena, looking for victims. After spotting a target, the car would pull over and the passenger who was supposedly armed with a handgun would hop out and rob the person of money or a cell phone.

If you have been arrested on a suspicion of armed robbery, it is important to contact an experienced Los Angeles criminal defense lawyer immediately to begin preparing your defense. Often, by challenging the evidence against you, charges may be reduced or even eliminated.

In California, the crime of robbery is "theft through the use of force or fear." Because of the element of force, robbery is considered a "violent crime" and a "strike" under California's "Three Strikes" Law. Use of a deadly weapon during the course of a robbery may subject a defendant to a mandatory minimum prison sentence.

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April 2, 2011

Los Angeles Property Crime Declines

Los Angeles violent crime and Los Angeles property crime have seriously declined since this time last year.

According to the Mercury News, Los Angeles Police Department 2011 crime statistics reveal a 12.5% decline in the rate of violent crime and a 12% decrease in the property crime rate.

If you are under investigation for or have been charged with a violent crime or a property crime, it is critical to contact an experienced Los Angeles criminal defense attorney immediately to begin investigating the allegations and preparing your defense.

4,579 serious violent crimes were reported as of the end of March for Los Angeles, including aggravated assault.

Violent crimes such as aggravated assault and robbery may be charged as felony as may count as a "strike" under California's "Three Strikes Law." Potential penalties include jail or prison time, fines, community service and probation or parole.

63 property crimes have been reported thus far for 2011, down from 72 at this time last year. Property crimes include such offenses as theft and vandalism, with charges depending on the value of the items taken or destroyed. Potential penalties include jail or prison time and fines.

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March 17, 2011

Los Angeles Armed Robbery Suspects Arrested

Police chased five people suspected of armed robbery through downtown Los Angeles, Pasadena and the San Gabriel Valley, ending up in Boyle Heights.

A woman and her son told police they were robbed at gunpoint by three men and gave a description of the men and the getaway vehicle. The officers found the car they believed was driven the attackers and followed it.

If you have been charged with any California crime, contact an experienced Los Angeles criminal defense lawyer to begin preparing your defense.

The police officers followed the vehicle throughout the Los Angeles area at increased
speed - through Montebello, East Los Angeles, South Pasadena, Pasadena, Temple City and Rosemead. When the car came to a stop on Soto Street, three men and two women exited the car.

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January 4, 2011

West Covina Robbery Suspect "Darth Vader" Arrested

According to the San Gabriel Valley Tribune, police arrested a man donning hospital scrubs, a Darth Vader mask, black wig, gloves and carrying a hatchet after in a Rowland Heights grocery store. The "Darth Vader" robber had allegedly stolen an undisclosed amount of money from a bank inside the store.

Based on tips, detectives from the Los Angeles County Sheriff's Department arrested a man who worked at the same grocery store. Bail was set at $100,000.

California law defines robbery as theft through the use of force or fear. Because of the element of force or threat of force, it is considered a violent crime and constitutes a "strike" under California's "Three Strikes" Law. Where a weapon is used, sentencing enhancements may apply. Here, the use of a hatchet may subject the man to potentially increased jail time.

If convicted, the man faces potentially serious penalties. An experienced Los Angeles Criminal Defense Lawyer could help reduce or eliminate the charges. For example, a skilled attorney can point out errors in the prosecution's case by questioning eye witness testimony and other tips that led to this man's arrest.

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December 18, 2010

Los Angeles Armed Robbers Hit Jewelry Store

The Los Angeles Times has released a video of a man and woman robbing a downtown jewelry store. The couple stole $8000 in cash. During the Los Angeles robbery, one of the suspects pulled out a gun and forced the jeweler to kneel on the floor. After initial resistance the jeweler turned the money over to the robbers.

The couple faces potentially serious charges. Robbery is considered a "strike" under California's "Three Strikes Law." Additionally, because a gun was used in this case, prosecutors may seek penalty enhancements, which may result in additional prison time.

Contacting an experienced Los Angeles criminal defense attorney at once is crucial if you are under investigation for a crime or have been charged or arrested. Skilled attorneys can point to potential holes in a prosecution's case and argue to get charges reduced or dismissed.

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December 12, 2010

Pico Rivera Jewelry Robbery Suspect Arrested

The Whittier Daily News reports that a suspect has been arrested in a "smash-and-grab" jewelry robbery that occurred at the Pico Rivera Indoor Swap Meet.

According to the Los Angeles County Sheriff's department, the 18-year-old man was one of seven involved in the robbery, and was left behind by the other six who fled the scene. Police allege the men involved were part of a gang.

Robbery prosecutions depend heavily on the facts of the case. It is critical to contact a Los Angeles robbery defense attorney at once to challenge the evidence presented against you. An experienced defense attorney can raise questions about eye witness testimony and circumstantial evidence.

If convicted of this California crime, the young man could face potentially serious penalties, such as prison and receiving a "strike" under California's "Three Strikes" Law.

Further, the sentence may be enhanced if shown to be connected to gang activity.

Although this robbery has not been linked to other area robberies, similar "smash and grab" robberies have occurred in Pasadena, El Monte, Los Angeles, Glendale and Orange County. The smash and grabs take place with groups of men smashing open display cases with hammers and grabbing out jewelry, then fleeing in getaway cars.

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November 20, 2010

Two Arrested In Pico Rivera Auto, Identity Theft And Weapons Charges

This past week a Los Angeles man and women were arrested on suspicion of car jacking, identity theft and weapons charges. According to the San Gabriel Valley Tribune, the two were arrested after found driving a stolen car with loaded handguns and evidence of identity theft.

If convicted with these California crimes, they face serious penalties.

In California, car-jacking is considered first-degree robbery and a "strike" under California's "Three Strikes" Law. Under the "three strikes" laws these convictions significantly enhance future sentences and punishment. First-degree robbery convictions carry with them a potential punishment of 3 to 9 years in state prison.

Identity theft occurs when someone knowingly and with the intent to defraud assumes the identity of someone else by acting like him or her or using his or her personal information. Here, reports indicate that they were carrying items related to ID theft such as "documents in the names of other people." Identity theft is considered a "wobbler," which means the prosecutor could charge it as a misdemeanor of felony depending on the type of illegal activity and the amount involved.

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September 7, 2010

California Man Accused Of Fraud May Get Life In Prison Under Three-Strikes Law

According to the Los Angeles Times, a man accused of fraud - Timothy Barnett -now faces possible life in prison. While typically reserved for those with a history of violent crime, such as robbery or aggravated assault, the Los Angeles County district attorney is charging Barnett under California's three strikes law.

Barnett is charged with 23 felonies including identity theft and real estate fraud for allegedly tricking 5 people into unknowingly giving him title to their homes. This case represents one of the few times the three-strikes law was used in a case of fraud. Critics are outraged. As stated by a Loyola Law School professor, "This law was intended to deal with serious and violent felons and lock them up forever ... he hasn't killed anybody.""

The three-strikes law has been controversial ever since it passed in 1994 because it allows any felony to count as a third strike, not just violent ones. As a result, if convicted Barnett could face a sentence of 25 years to life in prison for each of the 23 counts.

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