Tag: criminal defense attorney

Evading Law Enforcement

Posted by Brianna Wilkins on

Evading Law Enforcement

Anyone who attempts to avoid arrest or flee a pursuing police vehicle in California can be charged with evading law enforcement. Evading arrest is a serious offense that requires the representation of an expert defense lawyer. The skilled defense attorneys of The Kavinoky Law Firm are experienced in every aspect of California evading arrest laws, and will provide top-notch representation.

A driver convicted of misdemeanor evading law enforcement faces serious consequences, including fines, a driver’s license suspension, and up to six months in jail. If there are no aggravating factors present, such as injuries to someone other than the driver, this offense will likely be charged as a misdemeanor.

Drivers accused of evading arrest often face other charges. If alcohol and/or drugs were involved, the driver will likely also face a charge of DUI / DWI or driving under the influence of drugs. If the driver is accused of leaving the scene of an accident, there will typically be a charge of hit-and-run in addition to the allegation of evading law enforcement.

If the motorist is charged with reckless driving in conjunction with evading arrest, the offense can be charged as either a misdemeanor or a felony, and the driver could face up to four years in prison. However, in order to obtain a conviction, the prosecutor must establish that the driver had a willful disregard for the safety of others, which is a difficult allegation to prove.

There are several elements to a charge of evading arrest, and the prosecutor must prove each element in order to obtain a conviction. Remember, the prosecutor has the burden of proving the driver’s guilt beyond a reasonable doubt, and if that burden of proof isn’t met, the driver cannot be convicted. There are several proven strategies to defend a California charge of evading law enforcement.

In some cases, it may be in the driver’s best interest to negotiate a settlement in a California evading arrest charge rather than taking the case to trial. A skillfully negotiated plea bargain may offer an opportunity to plead guilty in exchange for reduced charges and/or alternative sentencing, which is best accomplished with the assistance of a capable California defense lawyer.

The knowledgeable defense attorneys of The Kavinoky Law Firm are skilled in every aspect of defending California charges of evading police. To learn more about effective defense strategies regarding evading arrest charges, contact an experienced defense lawyer today for a free consultation.

Sex Crimes Against Children

Posted by Brianna Wilkins on

Sex crimes against children are among the most punitive crimes in California, and carry severe penalties.

Sex Crimes Penalties

These severe penalties include lifetime incarceration and mandatory registration as a sex offender, pursuant to Penal Code 290. They encompass a variety of charges and all elicit highly-charged emotions from judges and juries, which is why it is critical that an individual accused of one of these offenses hires a skilled California criminal attorney who specializes in sex crime defense and who knows the most effective ways to defend against the devastating and life-changing consequences that such a conviction carries.

 

Felony Aggravated Sexual Assault

A felony aggravated sexual assault charge subjects the offender to fifteen years to life in prison. This conviction occurs when the act is against a child who is younger than 14. Additionally, if the child is seven or more years younger than the accused.

To clarify, these acts include:

  1. Rape. Using force, violence, or threats to kidnap, falsely imprison, or inflict extreme bodily injury or death upon the victim or another, or when the accused acts in concert with another,
  2. Sodomy. Under the same circumstances mentioned above,
  3. Oral copulation. Under the same circumstances mentioned above,
  4. Sexual penetration. Committed against the victim’s will by means of force, violence, or intimidation.

The court imposes a consecutive sentence for each offense that results in a conviction. In fact, each conviction includes each separate violation regardless of same or different victim. If the violations occur on separate occasions, they treat them as separate crimes to prosecute.

Sentencing

A judge grants a prison sentence of 25 years to life upon conviction of an individual in one specific circumstance. For this sentence, the accused is over the age of 18 and engage in sexual intercourse/sodomy with a child who is 10 years of age or younger. Fifteen years to life will be imposed in conjunction with a conviction for orally copulating or sexually penetrating a minor 10 years of age or under by an individual 18 years of age or older.

Continuous sexual child abuse will be charged against an individual who either lives with the abused child under the age of 14 or who has recurring access to the child and engages in three or more acts of substantial sexual conduct (which means oral copulation, masturbation or sexual penetration) or three or more acts of lewd or lascivious conduct (which means any act done with the intent to arouse, appeal to or gratify the lust, passions or sexual desires of the accused or victim) over a minimum three-month period. A conviction for this offense carries a six, twelve or sixteen-year prison sentence. A defendant may be charged with only one count under this section unless the other charged offense occurred under a different time period or more than one victim was involved.

Harmful Matter

The least serious sex crimes against children involve situations where an individual knowingly:

  1. Distributes, sends, or exhibits any harmful matter (that is, sexual material that lacks serious literary, artistic, political or scientific value for minors)
  2. To a child with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of him or herself or the minor,
  3. With the intent or purpose of seducing the minor.

Consequently, upon a first conviction, the accused faces either a misdemeanor or a felony. Therefore, the crims results in up to one year in jail or prison. However, upon a second or subsequent conviction, the crime is automatically classified as a felony. Distributing, sending or exhibiting these materials in aid of legitimate sex education or scientific educational purposes will serve as a defense to this crime.

A person convicted of any of the above acts against a child under 14 shall not have a suspended sentence. That is, not until the court obtains a report from a psychiatrist or psychologist. The report is so the court can see the mental condition of the accused.

Hire an Attorney

The outstanding criminal defense lawyers at The Kavinoky Law Firm are masters in the defenses pertinent to these sex crimes. Additionally, the ways in which they are most successful. To secure an unparalleled defense and the most trusted legal advice, call them today for a free consultation. Rest assured, the firm commits itself to securing the best outcome for its clients.

We staff only the best lawyers in California so we can defend you to the best of our ability.

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Contributing to the Delinquency of a Minor

Posted by Brianna Wilkins on

Contributing to the delinquency of a minor is a misdemeanor offense in California. Those who coerce, persuade, or aid minors in committing crimes, are liable for prosecution.

Contributing to the Delinquency of a Minor

This charge exists to prosecute those who commit or fail to commit an act which induces crime. Specifically Contributing to the Delinquency of a Minor causes or encourages a person under the age of 18 to commit crime. The child is now a ward or dependent of the juvenile court.

The state may also levy this offense against an individual who either:

  • Threatens,
  • Commands,
  • Persuades, or
  • Induces a minor, ward or dependent child of the juvenile court to do or perform a crime. Additionally, this act may cause the child to remain such a ward or dependent. So, this act itself is a crime.

Since this crime includes both acts and failures to act, an individual may either intentionally or negligently commit this offense.

Contributing to the Delinquency of a Minor Conviction

If convicted under either of these circumstances, the accused faces a misdemeanor. This misdemeanor carries a maximum fine of $2,500 and up to one year in county jail. Additionally, it carries a maximum five-year probationary sentence. If any of these acts (or failures to act) involved lewd or lascivious conduct, then the consequences increased. Now, the accused now must register as a sex offender, pursuant to California Penal Code 290.

In order to avoid these penalties, it is imperative that the accused contacts a criminal attorney. In fact, ensure the attorney knows what defenses typically apply to this type of offense. The lawyer must also know how to effectively convey them to a judge and jury.

The skilled defense attorneys at The Kavinoky Law Firm specialize in crimes against children and in California sex crime defense. They are well-equipped to tackle any issue that comes their way.

Additional Charges

Contributing to the delinquency of a minor is applicable to someone who does know the child.

As a matter of fact, a “stranger” over 21 years of age who knowingly contacts/communicates with a minor under age 14 this the person is now open to prosecution. It does not really matter in the eyes of the law whether the person reasonably knows the child’s age. If this contact begins for the purpose of:

  1. Persuading and luring, and/or
  2. Transporting; or
  3. Attempting to persuade, lure, and/or or transport that minor away from the minor’s home, or from any location known by the minor’ s parent, legal guardian, or custodian, without the consent of such an authority and with the intent to avoid that authority’s consent.

A “stranger” is a person of casual acquaintance with whom no substantial relationship exists. Conversely, this person can also be one with whom a relationship exists for the primary purpose of victimization.

Additional Penalties

Depending on the severity of the offense and on the defendant’s prior criminal history, the accused faces either an infraction (punishable by a fine) or a misdemeanor, punishable by up to six months in jail and a maximum $1,000 fine. If there was an emergency situation (which means that there was a situation where the minor was threatened with imminent bodily harm, emotional harm, or psychological harm) that led to this offense, that will serve as a defense and the accused cannot be convicted of this charge.

An individual who contacts minors as a part of his or her legitimate job or as a volunteer of a recognized civic or charitable organization is also exempt from conviction, so long as the contact was otherwise lawful.

An individual who either owns, leases or otherwise operates a place where a prizefight or cockfight is advertised or represented to take place who admits a minor onto the premises or who sells or gives an admission ticket to a minor will be charged with a misdemeanor, punishable by up to $100 or by a maximum 25-day jail sentence. This type of offense will be prosecuted under the theory of contributing to the delinquency of a minor.

Hire an Attorney

The outstanding criminal defense lawyers at The Kavinoky Law Firm know the law in great detail. Especially pertinent to this type of crime and crimes against children. They keep up-to-date on the latest laws and cutting-edge trial strategies that are relevant to these types of crimes. In turn, this gives their clients a tremendous advantage.

The Kavinoky Law firm hires the best criminal defense attorneys in California. Our excellent and experienced attorneys work hard to fight for their clients’ rights. If you find yourself on the wrong side of the law, call 1.800.No.Cuffs for a free consultation. 

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Consent and Character Evidence

Posted by Brianna Wilkins on

Consent and character evidence can be huge issues with respect to California sex offenses.

Consent and Character Evidence

There are many offenses where consent becomes the critical issue in the case. Consequently, it is up to a savvy criminal defense attorney to show that the alleged victim did indeed consent. In order to successfully defend his or her client, the attorney works to prove this was an agreed-upon act.

California law, however, makes it difficult for anyone to prove consent. Additionally, it also makes it challenging to initiate evidence regarding the alleged victim’s character. As such, there are only a few ways that these issues can be legally argued and admitted into evidence. This is just one of the reasons why it is so important for the defendant to hire a criminal defense lawyer. Not just any lawyer, hire one who specializes in California sex crime defense. Truly, no other type of attorney will be as qualified to defend against these highly controversial cases.

Consent

California sex crimes such as rape, spousal rape, oral copulation, sodomy and penetration with a foreign object often focus on the issue of consent.

“Consent” with respect to this area of the law refers to positive cooperation in act or attitude pursuant to an exercise of free will. So, it basically means that a person must freely and voluntarily act with knowledge of the nature of the act. The issue is not only critical to the alleged offense, but it necessarily calls into question the nature of any relationship. The relationship, either past or present, between the accused and the alleged victim is important here. Additionally, the alleged victim’s sexual history also comes into question.

Since the alleged victim is not the individual charged with an offense, the law generally regards his or her past sexual conduct as irrelevant. It only allows it to be called into question under a few different limited circumstances.

To be clear, evidence of sexual conduct between the accused and the alleged victim is admissible to establish consent, but it is not sufficient to do so alone.

Consent Claims that are Admissible and Not Admissible

In one instance, the accused may rebut evidence of sexual history. This happens if the prosecution or the alleged victim raises the issue of the alleged victim’s sexual conduct or history. Evidence of prostitution is generally inadmissible as to the issue of consent. However, it may be relevant and admissible with respect to the alleged victim’s credibility. Another instance, along these same lines, is whether the alleged victim has previous false accusations of rape or other sexual offenses. In turn, those facts are generally admissible evidence to attack his or her credibility or character.

Certain instances of rape, spousal rape, oral copulation, sodomy, and penetration with a foreign object arise when a victim is unable to consent. The state must rule on this inability, of course, but it is important to note that the inability to consent can contribute to assault.

This inability to consent is likely due to a mental or physical condition. Additionally, the defendant either knew that fact or reasonably should have known that fact. When these facts exist, it is up to the prosecutor to prove that the victim suffered from such a condition. It is also up to the attorney to prove that such condition rendered him or her incapable of giving legal consent.

Clearly, the issues surrounding consent and character evidence are brief and technical. This is exactly why hiring a great sex crime defense attorney is the key to the best defense.

Hire the Best Defense

The outstanding criminal defense attorneys at The Kavinoky Law Firm know all the complexities related to California sex crime defense. They are also able to effectively tackle any evidentiary and/or defense issue that arises or applies. They keep up-to-date on the latest legal rulings and receive ongoing training and education with respect to this area of the law. Consequently, this provides their clients with unparalleled representation.

They have law offices conveniently located throughout Los Angeles and California. This enables them to provide their exceptional services to those in need. For the most trusted legal advice and unsurpassed representation, contact them today for a free consultation.

Statutory Rape Laws and Penalties in California

Posted by Brianna Wilkins on

Statutory rape, by definition in California, is for the governance and protection of minors.

This charge encompasses unlawful sexual intercourse with a minor. In California, a minor is anyone under the age of 18. An individual under the age of 18 years isn’t legally capable of giving consent. Of course, this law is regardless of how physically, emotionally, or mentally mature he or she is or appears.

Additionally, the courts may convict anyone of any age this crime. Therefore, adults are not the only ones capable of arrest for statutory rape. It’s true, depending on the circumstances, even two minors involved in a relationship may find themselves under arrest.

The Difference Between Rape and Statutory Rape

Knowing the above, it is clear the main differences between rape and statutory rape is age. Even if no force, threat, or duress occurs. In fact, this act is still a sex crime solely because of the age of the alleged victim.

Since statutory rape offenders face a haunting social stigma and serious penalties, it is imperative that the accused hires a qualified criminal defense lawyer as quickly as possible so that the attorney has an opportunity to develop the most effective defense possible. The skilled criminal attorneys at The Kavinoky Law Firm have mastered this difficult field of law and know what it takes to successfully defend their clients.

Penalties for Statutory Rape Convictions

The penalties that are imposed in connection with a statutory rape conviction will vary, depending mostly on the age of the accused and on the age of the alleged victim.

There are three major categories of penalty in which this conviction falls:

  • First: A Misdemeanor Charge. When the accused is no more than three years older or younger than the alleged victim.
  • Second: Misdemeanor or Felony Charge. If the accused is more than three years older than the alleged victim. This misdemeanor conviction carries up to 1 year in county jail or state prison.
  • Third: Misdemeanor or Felony Charge. If the accused is 21 years old and has sexual intercourse with a minor younger than 16.  This misdemeanor conviction carries a penalty of up to 1 year in county jail. If it is a felony conviction, it carries 2 to 4 years in state prison.

An adult facing a statutory rape charge will likely also face further civil penalties. This person may be civilly liable for up to $2,000. Additionally, the punishments increase based upon age difference. For example,

  • If the minor is at least two years younger than the adult, the accused looks at up up to $5,000 in fines.
  • Furthermore, if the minor is at least three years younger, the accused may face up to $10,000.
  • Finally, if the accused is an adult over the age of 21, they face the most severe penalties. If this adult engages in an act of unlawful sexual intercourse with a minor under 16, they’re facing a $25,000 penalty.

The Importance of Criminal Intent

The primary defense in a statutory rape case will be a lack of criminal intent, where the accused reasonably believed that the alleged victim was over the consenting age. Statutory rape was once a strict-liability crime. This meant a defendant faced conviction of this crime even if they were genuinely ignorant. If a person did not know a factor which makes the act or omission criminal, it did not matter.

However, California now recognizes ignorance as a defense where the accused participated in a mutual, sexual act. This is true only if the defendant believed their partner was of legal age. Of course, the attorney must prove the accused has reasonable grounds for such belief. However, committing lewd or lascivious acts with a child under the age of 14 is still a strict-liability offense. (California Penal Code 288)

The experienced lawyers at The Kavinoky Law Firm dedicate themselves to help their clients defend against this devastating charge. Their excellent legal advice and outstanding representation are available to those in need of a California sex crime defense attorney, and they have law offices in Los Angeles and throughout the state. Contact the firm today for a confidential, free case evaluation.

About Darren Kavinoky and The Kavinoky Law Firm

Darren Kavinoky receives recognition over and over for his commitment to clients and for being a top California defense lawyer. The Los Angeles Magazine repeatedly regards him as a Super Lawyer , and the American Trial Lawyers Association highlighted him as one of the Top 100 Trial Lawyers in California. Additionally, he is the legal analyst and special correspondent for the syndicated television program The Insider. He is also a popular guest on shows that include Entertainment Tonight, Dr. Phil, NBC’s Today Show, and various programs on CNN and the Headline News Channel. Follow Darren on Twitter @DarrenKavinoky or www.DarrenKavinoky.com.

Bigamy

Posted by John Devendorf on

Bigamy is considered a sex crime in California. It takes place when a married individual marries more than one person concurrently.

Bigamy Conviction in California

If convicted of this offense, the accused faces either a misdemeanor or a felony. It is punishable by up to one year in county jail or state prison. Conversely, the defendant may receive a maximum $10,000 fine.

Probation and community service or labor typically also accompany the punishments of this conviction. This crime is typically regarded as a “socially unacceptable crime.” As such, it is important that the accused to hire an experienced criminal attorney. Hire one who knows how to get through to the judge and jurors by effectively arguing the defenses that are applicable to this offense. The attorneys at The Kavinoky Law Firm excel in California sex crime defense.

Burden of Proof

Every person who has a living husband or wife and who marries another is guilty of bigamy. A defendant charged with bigamy is in an unusual situation. Since, the burden of proof lies in his or her hands, it’s unusual.

Typically, a prosecutor works to prove the entirety of a criminal charge. Then, a defendant need not say anything at all. In a bigamy case, the prosecutor must only prove that there were two marriages. Also, he must prove the first spouse is still living. However, he is not required to prove that the first marriage was still in force at the time of the second marriage. In turn, it is up to the defendant to prove otherwise.

Bigamy Defense

The individual charged with bigamy offers a defense essentially by proving absenteeism. That is, the defendant proves his or her first spouse was absent for five successive years. During this time, there was no indication that he or she was still living.

Another option is to show that the first marriage is:

  1. Void,
  2. Annulled, or
  3. Dissolved by the court. It therefore follows that no bigamy exists where a court grants legal termination of a first marriage by annulment or divorce prior to the second marriage. However, a defective or fraudulent divorce is not a defense to a charge of bigamy. A good faith belief in divorce or unlawful marriage is not a defense either.

A bigamy charge may also be filed against an individual who knowingly and willfully marries the husband or wife of another, in any case in which that husband or wife could be prosecuted for bigamy. Such an individual also faces a felony, punishable by a minimum fine of $5,000 or by imprisonment in state prison.

Bigamy laws are serious and carry heavy fines and possible state prison sentences.

In order to best avoid serious penalties and the social stigma that results a bigamist/sex offender conviction, it is imperative to hire a criminal defense lawyer. Hire a lawyer who focuses on the unique issues and emotions that are commonly come in this field of law.

Hire an Experienced Attorney

The unparalleled criminal defense attorneys at The Kavinoky Law Firm firmly grasp the complexities related to California sex crime defense. They know what it takes to obtain favorable outcomes for their clients. Additionally, they understand how to critically analyze a sex crime police report. They know how to examine percipient witnesses. Due to this, this know how to spot the weaknesses in the prosecution’s case. Of course, all of which are in an effort to have the client’s case either reduced or dismissed.

Contact one of their many Los Angeles or other California law offices today. Request a free consultation and help for an unsurpassed bigamy defense.

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Abducting and Selling Others

Posted by Brianna Wilkins on

Human trafficking involves the kidnapping, sale, transportation of an individual.

Human Trafficking and Sex Crimes

The abduction and/or sale of others for purposes of:

  1. marriage,
  2. illicit relations,
  3. cohabitation and/or
  4. custody for immoral purposes are all sex crimes in California.

All of these are felonies in the eyes of the state. Consequently, the state vigorously prosecutes these crimes. If facing one of these offenses, it is crucial that the accused immediately contacts and hires a criminal defense lawyer. Make sure he specializes in California sex crime defense. This is most noteworthy – the attorney must know California sex crime defense. This is in order to secure the most qualified representation. Additionally, its the best tactic to best avoid the severe penalties that result from these charges.

Abduction

Abduction for marriage or defilement (sexual intercourse) takes a few routes to arrive at conviction.

Abductions charges come to those who takes a person unlawfully, against their will, and by force, menace or duress, and

  1. Compels them to marry, or defiles them or;
  2. Compels him or her to live with the accused in an illicit relationship, against his or her consent, or to so live with another.

If convicted of these offenses, the accused faces imprisonment in state prison for 16 months or two or three years.

With respect to these charges, it is not necessary to prove force when the accused “takes any woman or takes another.” In fact, if improper solicitations or inducements accomplished the act, this is sufficient. Also unnecessary is a showing where the accused “took” the individual. Whether they went out of the city, county, state or country, it is only pertinent that he or she intended to detain and conceal the individual.

When sentencing these charges, it will be up to the judge to decide whether to concurrently sentence (that is, to allow the accused to serve both sentences at the same time) or consecutively sentence (that is, to require that the defendant serve both sentences back-to-back) any other crimes that were simultaneously committed.

Valuation for Trade of Humans

Receiving money for placing a person for purposes of cohabitation is another possible charge. This charge goes against any individual who receives money or any other valuable thing for, or on account of, placing in custody another for the purpose of causing that person to live with any person to whom he or she is not married.

If convicted of this offense, the accused faces imprisonment in state prison for 16 months or two or three years. Restraint of the alleged victim’s liberty is essential to constitute a crime under this section. The punishment will be the same for the individual who sells any person or receives money or any other valuable thing for or on account of his or her placing in custody, for immoral purposes, another person (regardless of whether that individual consented).

Regardless of which charges you face, only a criminal attorney who really understands human trafficking can help. This complex and specific area of the law truly needs a lawyer equipped to handle these types of offenses.

Hire the Best Defense

The exceptional criminal defense attorneys at The Kavinoky Law Firm have a firm knowledge of the law. They know the complexities involved in human trafficking and California sex crime defense. Therefore, they’re the most qualified to help an individual avoid the devastating consequences. Furthermore, they apply all applicable defenses to the court in a way that effectively casts reasonable doubt.

To speak to a trusted attorney at one of their conveniently located Los Angeles or other California law offices, contact The Kavinoky Law Firm today for a free consultation.

About Darren Kavinoky and The Kavinoky Law Firm.

Darren Kavinoky receives recognition over and over for his commitment to clients and for being a top California defense lawyer. The Los Angeles Magazine repeatedly regards him as a Super Lawyer , and the American Trial Lawyers Association highlighted him as one of the Top 100 Trial Lawyers in California. Additionally, he is the legal analyst and special correspondent for the syndicated television program The Insider, and is a sought-after guest on shows that include Entertainment Tonight, Dr. Phil, NBC’s Today Show, and various programs on CNN and the Headline News Channel. Follow Darren on Twitter @DarrenKavinoky or www.DarrenKavinoky.com.