In what is turning out to be an incredibly complicated case, a former San Fernando city councilwoman has pleaded not guilty to charges of battery and vandalism while the alleged victim in the crime appeared in the courtroom and called for charges to be completely dropped. Maribel De La Torre was having an affair with married former councilman Mario Hernandez when the two had an argument on June 28th that allegedly turned violent. De La Torre is accused of attacking Hernandez, including punching, slapping, choking and pushing him, as well as smashing both his laptop computer and a glass frame. De La Torre maintains that she was acting in self defense and is innocent of the charges against her. When asked about the current state of her relationship with Hernandez, she replied that there was “no relationship,” though Hernandez has been at both of her court appearances and has declared that he will not testify against her. Outside the courthouse, Hernandez reiterated that he did not intend to testify and instead called attention to what he believed was improper handling of the case by the San Fernando Police Department. He would not elaborate on what he meant by the statement.
The apparent truce aside, Hernandez asked for, and was granted, a temporary restraining order against De La Torre on July 3rd of last year. Two days later, on July 5th, De La Torre also filed for a temporary restraining order against Hernandez, indicating that she believed Hernandez was the aggressor, not her. Later in July both Hernandez and De La Torre agreed to drop their respective restraining orders and settle the matter privately.
Hernandez’s assertion that he will not testify against De La Torre, as well as his call to have the charges against her dropped, are falling on deaf ears. Under state laws, if evidence of domestic abuse is found by law enforcement agents, charges against the alleged perpetrator can still move forward. Anyone familiar with domestic violence laws can tell you that alleged victims of domestic abuse can and frequently do either recant their stories or decide not to press charges against their abusers. These laws were put in place in part to prevent people from staying in potentially abusive and even dangerous relationships and endangering their safety. Since Hernandez, who has resigned from his post as council man, is still considered a witness to a crime, prosecutors maintain that he can still be ordered to take the stand and testify. It remains to be seen, however, what would happen if he simply refused to answer questions while on the stand.
Tagged as: battery, domestic violence pc 273_5, los angeles battery defense, Los Angeles Criminal Defense Attorney, los angeles criminal defense attorney, los angeles domestic violence defense attorney, san fernando violent crime defense lawyer, vandalism pc 594
The crime of battery is a serious matter, and being convicted of such a Violent Crime could lead to heavy fines, years in prison, probation and more. Unfortunately, the details and facts involved in an batter investigation can get messy, leading the police to make wrong assumptions and prosecutors to pursue convictions for innocent people.
A recently alleged Crime took place in Malibu between some surfers and members of the paparazzi. It seems the paparazzi were trying to get a photo of movie star Matthew McConaughey when a group of surfers got frustrated with the situation. According to the photographers, the surfers attacked them, but local Malibu residents are celebrating those surfers who were charged with misdemeanor battery in the incident.
Throughout Malibu, business owners have tried to stop the actions of overzealous paparazzi, and event he deputy district attorney in the case was not totally gung-ho about prosecuting the pair. Various anti-paparazzi laws are in place, and while no one is condoning any form of Violent Crime, some people believe enough is enough. Security guards who work in Malibu, and even the Mayor are frustrated at how dangerous the paparazzi can make any store where a celebrity is allegedly shopping.
When a Los Angeles Criminal Defense Attorney takes on such a case, they have to review the entire battery charge in order to properly understand all of the issues involved in the accusation. If the surfers were attempting to protect themselves, protect their property or if their rights were infringed upon by the paparazzi, they may have some way of defending themselves. Also, since most of the evidence was provided by the photographers, there may be some issue with the evidence and whether or not it was tampered with.
Overall, if you have been involved in a Violent Crime case, contact a competent attorney right away. At Kestenbaum, Eisner & Gorin, LLP, our Los Angeles Criminal Attorneys stand ready to help you with your case any time of day. Call us at 877-781-1570.
Tagged as: los angeles battery defense
Oscar-winning actor Sean Penn was charged February 19 with a battery crime and vandalism stemming from a October incident in which Penn allegedly attacked a photographer and broke his camera outside of the Brentwood Country Mart.
The actor, who has starred in movies from Fast Times At Ridgemont High to Milk, now faces up to 18 months in jail if he is convicted of the charges that stem from the October 2 incident with the photographer.
The incident was filmed and broadcast on TMZ and the subsequent battery crime charges were filed by the L.A. city attorney's office.
This isn't the first time that Penn has ran into trouble with paparazzi; he had several run ins with them early on in his career. He was also sentenced to 60 days in jail for punching a movie extra on a set in 1987 because he was on probation at the time for punching a songwriter at a nightclub because he thought the man kissed his then wife, Madonna. In 1985, the actor also received a suspended sentence after he pled no contest to charges that alleged that he attacked two journalists who tried to photograph Madonna.
Penn now awaits his arraignment that is scheduled for March 22 in Los Angeles County Superior Court.
Battery crime charges and related charges are fairly common in Los Angeles, for both celebrities and non-celebrities. Although Penn has had previous violent episodes in his past, he might have a case against the charges if he can prove that he was acting in self-defense or that his privacy and well-being were violated.
Los Angeles battery crime and vandalism charges can carry heavy consequences depending on the severity and extent of the crimes. If you have been accused of either of these crimes, you need a defense strategy that will prove that your rights were violated or that you had a legitimate reason for your actions.
If you have been accused of a battery crime or vandalism, contact the knowledgeable Los Angeles criminal defense team at Kestenbaum, Eisner & Gorin, LLP immediately. We might be able to help you avoid serious consequences.
Tagged as: los angeles battery defense, los angeles violent crime defense attorney
Kestenbaum Eisner & Gorin LLP has been recognized as one of the best U.S. law firms, based on the experience, professionalism, and ethics of its criminal defense lawyers and attorneys. We aggressively defend clients in all Southern California courtrooms on state and federal charges, including DUI, DMV, misdemeanor, felony, juvenile cases, in the following communities and courthouses.