Los Angeles Criminal Law Blog
     


Pornography and Los Angeles Violent Crime

Posted on: June 6, 2010 at 2:36 a.m.

Los Angeles is truly the home for odd crimes, as many Criminal Defense Lawyers know, but some cases are odder than others. A Los Angeles Assault Defense will have to be created for a former porn actor who assaulted a coworker and killed others in a shocking Crime.

Stephen Hill, who was previously convicted of assault with a firearm in Maryland, was sought after allegedly stabbing three people during a rampage in Van Nuys. This took place at a pornographic video production company. During the alleged incident, Hill used a sword style weapon on three coworkers, one of whom died. The actor was previously convicted of an assault in Maryland, threatening to kill a college teaching assistant.

Unfortunately, this Crime took a turn for the worse when the man was caught in a stand-off with police and fell off of a cliff in West Hills when officers attempted to stop him from committing suicide. Hill was distraught from being charged with murder and attempted, both of which are carrying the most serious penalties under the law (life and jail and the death penalty).

A violent crime is defined as any criminal act that involves the use or the threat of violence and in most cases violence is used as a means to an end. Rape, robbery and other such crimes involve violence or violent threats. Common Violent Crimes include armed robbery, robbery, battery, assault, manslaughter, murder, attempted murder, gang crimes, domestic violence and others. The criminal justice system takes these crimes quite seriously, handing down severe penalties and long periods of both jail time and probation. Typical penalties include:
  • Imprisonment
  • Large fines
  • Community Service
  • Parole
  • Restitution
  • And much more


If you or someone you love has been charged with a Violent Crime, you need a skilled Criminal Defense Lawyer who can create the best defense possible. At Kestenbaum Eisner & Gorin, LLP, our lawyers know the law and have over 50 years of experience. If you need quality legal representation during such strenuous and difficult times, contact us at 877-781-1570. We can create a legal defense geared towards keeping you out of prison, free from fines and that protects your future.

Tagged as: arrest warrant, los angeles violent crime defense attorney, pornography




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




Los Angeles Violent Crime and Self Defense

Posted on: January 19, 2010 at 12:08 a.m.

Los Angeles criminal defense attorneys representing people charged with violent crimes often explore the possibility of using "self defense" as a way to defend their client. A defense requires an intimate knowledge of the law as well as a keen ability to craft a unique criminal defense.

One such individual who needs a lawyer is Swedish rapper David Jassy. He is accused of killing a pedestrian who slapped his SUV while the pedestrian was in the crosswalk. David Jassy, a 35-year-old songwriter and producer from Stockholm, got out of his rented vehicle and assaulted pedestrian John Osnes, a 55-year-old jazz pianist, because he feared for the safety of himself, his girlfriend and the SUV.

Jassy allegedly punched the man until he fell and hit his head on the ground. Jassy is alleged to have then driven his SUV over Osnes, thus fleeing the scene of the crime (which is also illegal). Building a defense in such a case can be difficult because while witnesses to admit that Osnes hit Jassy's SUV, they claim he retreated to the sidewalk when Jassy got out of the car.

Before creating a unique legal defense, a Los Angeles criminal lawyer must first sit down with his client, review the police file, interview witnesses, review the crime scene, analyze the facts and possibly even hire private investigators. Creating an effective criminal defense means that the attorney must know the law, the courts, the prosecutors, etc. In this instance, the case happened in Hollywood and involved a celebrity, meaning that getting a fair jury trial could be quite difficult. If people are familiar with Jassy's music, they could be biased for or against him, which can complicate any criminal trial. In addition, since Jassy is from another country, this could also be used against him.

A violent crime is any criminal act that involves the use or threat of violence. In most cases, violence is used as a means to an end, especially during crimes such as rape and robbery. During the commission of a violent crime, the offender may or may not use a weapon. If the offender uses a weapon while committing a violent crime, the offense will usually be classified as felony.

If you have been accused of a violent crime, contact the criminal defense firm of Kestenbaum, Eisner & Gorin today by calling 877-781-1570.

Tagged as: los angeles violent crime defense attorney




Van Nuys Violent Crime Defense

Posted on: January 16, 2010 at 12:04 a.m.

Violent crime defense requires a skilled attorney who understands the law, understands the courts and knows how to craft a great defense. A recent Van Nuys Carjacking will present some attorney with the opportunity to craft just such a defense. A Los Angeles man suspected of stealing two vehicles and trying to carjack two others in the San Fernando Valley was arrested today in Van Nuys after a resident identified him from security video shown on TV.

Tyreese Basey, 31, was arrested around 12:30 p.m. on Sunday at a Van Nuys laundromat, said Officer Norma Eisenman of the Los Angeles Police Department.

Police believe a black Ford Explorer found in the laundry's parking lot had been carjacked Saturday, Eisenman said.

The alleged carjacking spree began around 5:15 a.m. Saturday when Basey unsuccessfully tried to steal a parked car in Van Nuys. Around 30 minutes later, Basey allegedly carjacked a vehicle that he later crashed. After crashing that vehicle, Basey allegedly got into an Encino home and demanded car keys from a couple in their 90s, who managed to push the suspect away and lock their door. Basey was also seen around 6:45 a.m. in the backyard of a nearby house, but that homeowner chased him away, Eisenman said.

Around 8:15 a.m., Basey allegedly stole the black, Eddie Bauer Ford Explorer.

"He was not just a criminal, but a desperate and reckless criminal,'' Capt. John Egan of the LAPD's West Valley Division said in a statement.

Basey was booked on suspicion of robbery and carjacking, among other charges. He was being held at Van Nuys jail in lieu of $100,000 bail.

This violent crime also involved theft crimes, which are common and can carry heavy sentences depending on the nature of the theft crime. Theft crimes can include robbery, burglary, carjacking, shoplifting, armed robbery, credit card fraud, identity theft, vehicular theft, larceny, money laundering, and embezzlement. In the case of Basey, he faces a host of charges that include robbery, carjacking and possibly grand theft and vehicular theft. If convicted, Basey faces serious consequences that can adversely affect his life which can include community service, jail time, probation and more.

Theft crimes can range from petty theft to grand theft and research has shown that theft crimes are often signs of a deeper problem that can be psychological, emotional or the result of a drug addiction. In Basey’s case, police believe that his actions were so unusual that a personal crisis might have been what triggered the incident.

If you need qualified Los Angeles violent crime lawyer to keep charges off of your record, to keep it from affecting areas including employment, immigration status, and obtaining a professional license. The dedicated team at Kestenbaum, Eisner & Gorin, LLP can help you if you have been accused of a theft crime.

Tagged as: los angeles violent crime defense attorney




Los Angeles Violent Crime - Murder

Posted on: December 31, 2009 at 5:05 a.m.

When a Los Angeles criminal defense attorney represents someone accused of a violent crime, they must invest a great deal of time into researching all of the circumstances.

For example, an East Los Angeles man has been charged with murder of a 24 year-old woman. Doris Salguero, 24, was found dead in the backseat of her car and investigators in the case believe Fredy Hernandez, 30, stabbed her to death with an ice pick after seeing her at a holiday party more than a week ago. Police believe Hernandez wanted to rekindle his relationship with Salguero and when she refused, he attacked her. Hernandez is facing 26 years to life in prison if convicted of this crime.

Murder is possibly the most serious crime anyone can be accused of. The taking of another person’s life, whether intentionally or by accident, is prosecuted and punished vigorously with literally your own life on the line since a conviction for certain types of murder can send you to a California state prison for life. Do not forget that California is also one of 35 states that still, on occasion, hands down the death penalty in murder cases.

In regard to violent crime, there are five different types of murder (also called homicide): first-degree murder, second-degree murder, voluntary manslaughter, involuntary manslaughter and lawful killing. Lawful killing occurs in very limited instances and is typically not punished by jail or prison time as most other forms of homicide are. One example of lawful killing is when a Los Angeles police officer shoots and kills a suspect under certain conditions while on duty. Both first- and second-degree murder involve the willful and deliberate taking of another person’s life. The difference between them is that first-degree murder is generally thought to involve premeditation while second-degree does not. First-degree murder also involves the much more severe punishment of either 25 years to life in prison or the death penalty while second-degree murder generally is punishable by 15 years to life in prison. Voluntary manslaughter is similar to second-degree murder in that it does not involve premeditation. Volunatary manslaughter, however, is the killing of another person “in the heat of passion" in response to legally acceptable provocation such as the defense of yourself or a child, for example.

Voluntary manslaughter is punishable by anywhere from three to 11 years in a California state prison. Involuntary manslaughter in Los Angeles is defined as the loss of life through recklessness or extreme negligence, such as a death resulting from street racing. Involuntary manslaughter is typically assessed between two and four years of prison time in the case of a conviction.

Murder charges of any type are not to be taken lightly. If you have been charged with a violent crime, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today. Our attorneys have a combined 50 years of courtroom experience, and when your whole future is on the line, you need an experienced Los Angeles criminal defense attorney by your side.

Tagged as: los angeles violent crime defense attorney




Violent Crimes in Los Angeles 3

Posted on: November 17, 2009 at 9:30 p.m.

Violent crimes in Los Angeles are very serious criminal offenses that can easily land you in jail or state prison for several years. As a category of crimes, violent crimes can mean so many different, individual crimes. Some of the most commonly committed violent crimes are murder, attempted murder, domestic abuse, sexual assault, forcible rape, terrorism, armed robbery and assault. Typically, violent crimes use physical force as a means to an end: the defendant is said to want something and is accused of using violent means to obtain it. Violent crimes can vary in that many are committed with some sort of weapon while many others are not. The relationships involved in violent crimes can also vary widely to include people romantically involved, family or friends, acquaintances or complete strangers.

One thing that is uniform to nearly all violent crimes is the harshness of punishments assessed in the case of a conviction. Because violent crimes often involve the serious injury of another person, or the loss of valuable property in a violent manner, violent crimes are very often punished by long prison or jail sentences, as well as longer probation or parole sentences. Most violent crimes are also classified as felony criminal offenses, which may make certain jobs more difficult to attain. Convicted felons also face the loss of certain rights such as the right to possess a firearm. A crime such as felony domestic abuse can send you to jail or state prison for anywhere between three months and three years. Being convicted of murder in Los Angeles can mean up to life in prison without the possibility of parole.

Violent crimes in Los Angeles have the added factor of generally being considered “strikes" under California’s “Three Strikes" laws. These laws were designed by lawmakers to target habitual and serious criminal offenders by punishing them more severely with each crime. Certain crimes such as attempted murder, theft or assault are considered a “strike" upon conviction. If a defendant is convicted of three “strike" offenses, they are nearly always automatically sent straight to a state prison without the possibility of parole. Prior convictions on “strike" offenses also lengthen punishments. Crimes that under other circumstances would warrant probation might garner prison sentences if the defendant has a prior felony conviction under their belt.

If you have been accused of violent crime in Los Angeles, call the attorneys at Kestenbaum, Eisner & Gorin, LLP right away. The best defenses start as early as possible. Important factors such as how evidence was collected against you could result in your charges being dropped altogether. You do have options. Call today to find out what they are.

Tagged as: los angeles violent crime defense attorney









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