Los Angeles Criminal Law Blog
     


Los Angeles Murder Convictions

Posted on: February 3, 2010 at 6:49 p.m.

Recent examples of how important a Los Angeles murder defense attorney can be came in the form of a European rapper charged, and now convicted, or murder. When a lawyer first takes a case, he must analyze whether or not the defendant will be charged with first, second or third degree murder, and whether the individual will face a jury trial or a judge trial.

The varying degrees in Los Angeles murder defense cases can be confusing and ambiguous in many cases. Take for example, the recent case of Swedish rapper David Jassy. The rapper was convicted of second degree murder on February 1 stemming from a November 2008 incident in Hollywood that left 55-year-old jazz pianist John Osnes dead. The road rage incident began as Osnes was heading home from a local bar and Jassy was leaving a nightclub. According to witnesses, including a mother, an off-duty police officer and tourists, Osnes shouted at Jassy and struck the SUV’s hood when Jassy apparently struck the sidewalk. Then the case took a confusing turn when half a dozen witnesses claimed that they saw Jassy get out of his vehicle and fatally attack Osnes by punching him and kicking him in the head. Jassy then gave his side of the story and claimed that Osnes was belligerent and that he feared for his life and that of his girlfriend who was riding in the SUV with him. Jassy then fled the scene and said that he left because he believed he was under attack from a bystander and as he left he ran over Osnes’ body. The panel acquitted Jassy of first-degree murder, an assault charge that stemmed from his running over Osnes, and a vehicle code violation for leaving the scene of a fatal accident. Jassy now faces 15 years to life in prison when it comes to sentencing time for the second degree murder charge.

This is the perfect example of where the general public, the accused and the jury might be confused as to what constitutes a first degree Los Angeles murder charge and a second degree Los Angeles murder charge. In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or "lying in wait" for the victim. Most states also adhere to a legal concept known as the "felony murder rule," under which a person commits first-degree murder if any death (even an accidental one) results from the commission of certain violent felonies -- usually arson, burglary, kidnapping, rape and robbery. Second-degree murder is ordinarily defined as an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion". It can also be a killing caused by dangerous conduct and the offender's obvious lack of concern for human life. Second-degree murder may best be viewed as the middle ground between first-degree murder and voluntary manslaughter.

If you have been accused of first-degree murder, second-degree murder or manslaughter, you should immediately contact Kestenbaum, Eisner & Gorin, LLP. We are knowledgeable in the different categories of murder charges and will fight on your behalf to protect your right to a fair trial.

Tagged as: los angeles murder defense, los angeles violent crime defense attorney




Suspect Pleads Not Guilty In Pregnant Venice Woman Murder Case

Posted on: January 29, 2010 at 6:52 p.m.

A Los Angeles criminal defense attorney will represent people facing a variety of crimes, and sometimes will represent people who are facing multiple criminal charges. These people need to be represented a lawyer who has successful experience representing people facing burglary, murder, drugs and other chargers.

Boneetio Kentro Washington, the suspect in the murder of a Venice woman that was pregnant with twins, has pled not guilty to multiple counts of rape and murder. Washington was also detained two days prior to the murder for allegedly breaking into a Culver City home.

According to Culver City police, Washington has had several run-ins with police since 2008, mostly for sleeping in abandoned buildings and parking garages.

When Washington was detained on Dec. 6, police found out that he had also been convicted or charged with trespass or related offenses in three other states and he was apprehended. Due to lack of evidence, however, Washington was released without an arrest.

Then, two days later, Washington allegedly broke into the home of Eun Kang, 38, who was four months pregnant with twins. A neighbor heard screaming and allegedly saw Washinton raping Kang before stabbing her to death. Washington ran from the building and was arrested by LAPD officers. Culver City police have been under much scrutiny for not placing Washington under arrest two days before the murder, but defend their actions by saying that they did not have a probable cause to arrest Washington.

Culver City police say that, although Washington was allegedly seen trying to turn the doorknob of a home, he didn’t actually enter the house, so they could not arrest him for attempted burglary or trespassing.

Washington is now in the process of a trial and, if convicted, may encounter heavy sentencing. The Culver City police followed standard procedure by alerting the Los Angeles County Probation Department after they found out about his prior record. They were unable to arrest Washington because turning a doorknob or knocking on a door doesn’t constitute a crime; they had no probable cause to arrest Washington at the time.

Trespassing and burglary are crimes that can have serious consequences depending on the circumstances. There is also a general confusion as to what constitutes a trespassing or burglary crime being committed. As the Washington case shows, trespassing and burglary offenses must meet specifics to be considered a crime.

If you have been charged with trespassing or burglary, you should immediately contact a professional and knowledgeable defense attorney team at Kestenbaum, Eisner & Gorin. We will work on your behalf to devise a defense strategy that ensures that your rights are not violated during an arrest or during the trial.

Tagged as: los angeles murder defense, los angeles violent crime defense attorney




Los Angeles Murder of Theater Director

Posted on: January 22, 2010 at 8:04 p.m.

A murder defense requires a highly skilled criminal defense attorney. Murder trials involve emotional witness testimony, intensive evidence research and a great deal of police detective work. Any lawyer must understand how the prosecution will execute the investigation, as well as how a judge or jury might rule on such a case.

An arrest has been made in the murder of a well-respected theater director who was found stabbed to death in his Los Angeles apartment in early January. Bennett Bradley’s body was discovered by a stage manager who had come to check on him after he had failed to show up for a rehearsal of his latest production. He was pronounced dead after paramedics had arrived at the scene. Investigators working on the case initially believed Bradley, who had been a long-time staff member, producer and director at the Fountain Theater, had been the victim of a robbery. A blood-covered knife presumably used in the murder was found in Bradley’s apartment, and after surveillance teams spotted a young man by the name of Jose Fructuoso loitering outside Bradley’s building, they searched his home and arrested him. During questioning Fructuoso, a 25 year-old Mexican national, confessed to killing Bradley and admitted to having had a romantic relationship with him. Fructuoso has been charged with murder, but even after confessing during police questioning, pleaded not guilty at his arraignment on January 7th.

Murder is by far the most serious crime any person can be accused of. Whether it is a first-degree or second-degree, a conviction on a murder charge could very likely land you in a state prison for the rest of your life. Both first- and second-degree murder are classified as the willful and deliberate killing of another person. What distinguishes the two from each other is that first-degree murder is premeditated, or planned before it occurs, while second-degree is not. The punishments for each crime are likewise slightly different. Being convicted of first-degree murder means a minimum prison sentence of 25 years, while a conviction for second-degree murder will land you in prison for a minimum of 15 years. Both have the possibility of life in prison.

If you or someone you love needs an experienced Los Angeles murder defense lawyer, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today. Our attorneys have decades of experience in defending against serious criminal charges such as murder. When your entire life is on the line, you want a knowledgeable, hard-working attorney to fight for you. Call today to begin preparing your defense.

Tagged as: los angeles murder defense, los angeles violent crime defense attorney









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