Los Angeles Criminal Law Blog
     


Former Councilwoman Pleads Not Guilty to Charges of Battery and Vandalism

Posted on: August 21, 2012 at 11:10 p.m.

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




San Fernando Violent Crime Attorney

Posted on: May 27, 2010 at 7:07 p.m.

Panorama City, located in the northern part of the San Fernando Valley, just witnessed one of the most severe violent crimes this year. A man was shot in the head in a possible home invasion, police said, although there are not suspects at this time. The San Fernando Violent Crime was reported at a little past 9:30 PM near Branford Street in Panorama City. The man who was shot was taken to a hospital and the wife is being interviewed by police.

Any San Fernando Violent Crime carries a severe penalty, which is why a skilled criminal defense attorney is absolutely necessary for anyone charged with, accused of or arrested for such a crime. Violent crimes are any criminal acts which involve the use or threat of violence. Often times, these can be coupled with another crime, such as a domestic violence case, a theft crime, a sex crime or even a drug offense. More often than not, a San Fernando Violent Crime will be categorized as a felony, which means there is a minimum amount of jail time to serve for any sort of conviction. In Los Angeles, commonly committed San Fernando Violent Crimes include:
  • Armed robbery
  • Assault
  • Battery
  • Carjacking
  • Sexual assault
  • Gang Crimes
  • And many more
A San Fernando Violent Crime Defense Attorney can help you avoid the serious consequences you face when charged with such crimes. Any violent crime in Los Angeles will be punished with:
  • Imprisonment
  • Large fines
  • Community service
  • Probation, court ordered anger management classes
  • And more
In fact, if you are alleged to belong to any sort of organized criminal gang, your penalties could increase. If the defendant has a prior criminal offense on his or her record, or if there was a weapon present during the San Fernando Violent Crime, that will also increase the potential for increased jail time, higher fines and so forth.

Due to the life altering consequences of any violent crime prosecution, anyone charged with such a crime requires a highly experienced San Fernando Violent Crime Defense Attorney. If you or someone you love is facing such a charge, contact Kestenbaum Eisner & Gorin, LLP at 877-781-1570 today. Our Los Angeles Violent Crime Lawyers can help you avoid jail time, heavy fines and other serious penalties.

Tagged as: san fernando violent crime defense lawyer









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