On December 7, 2020, Los Angeles County District Attorney George Gascon was sworn in as the County’s 43rd District Attorney. Following his defeat of Jackie Lacey, a DA who had built a reputation for a “tough-on-crime” approach, Gascon went straight to work making changes to his office true to his platform of criminal justice reform, progressive services, and rehabilitative prosecution. A main goal of his platform being lowering the prison population.

Gascon’s less punitive approach to crime includes no more gang enhancements, eliminating cash bail (including no longer seeking bail for anyone facing a misdemeanor charge or non-violent or non-serious felony), ending use of the death penalty, and providing resentencing eligibility. These major changes are expected to lead to the early release of thousands of state prison inmates whom Gascon said are unfairly serving overly long sentences.

The initial response to Gascon’s sweeping changes has included significant pushback and criticism by the public, victims and victims’ families, victims’ rights groups, Los Angeles prosecutors’ unions, and law enforcement. Gascon has in turn responded by adhering to his platform and reminding the public that he previously served as an LAPD assistant chief of police and has seen the broken inner workings of the Los Angeles criminal justice system. He stands by his position of reducing jail overcrowding and addressing more insidious issues in the District Attorney’s office including racism. What Does This Mean If I Am Facing Charges Or Have A Pending Case?

The new District Attorney’s office changes are having a major impact on new filings and pending cases. Beginning through not filing or stoping the filing of first-time misdemeanor offenses – associated with poverty and mental health such as loitering or public intoxication – and eliminating bail, going all the way to no more gang enhancements on filings and changes to sentencing; the DA changes affect cases of all sorts. Both new arrests and those already in the Los Angeles Superior Court system as pre-trials or awaiting trial outcomes. Misdemeanors and felonies.

Having your attorney work up your case is an opportunity you cannot miss. Your attorney will work aggressively at preventing charges, reducing the charges (in type or from a felony to a misdemeanor), and laying the foundation for your entire case defense. We can also guide you through the process of obtaining release via the new DA measures. This will result in you being as well prepared as possible to minimize the consequences of a criminal case with an attorney that is familiar working and negotiating with the Los Angeles District Attorney’s office.

What Do I Do Now?

If you or a relative or friend is currently in custody, has recently been arrested, or is facing an investigation or case; you must seek professional counsel. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience resolving cases successfully that are being prosecuted by the Los Angeles District Attorney’s office. Remember, you cannot leave your defense up to the parties that are trying to convict you. Contact us now for a Free Consultation.

The rapidly expanding pandemic crisis of COVID-19 has had sweeping effects on everyday life. Due to Center For Disease Control (CDC) recommendations California has taken immediate measures to protect the public by enforcing social distancing and restrictions of gatherings of more than ten (10) people. This has meant immediate actions by the California Supreme Court and the California Superior Courts. Trial and Appeal Courts have moved to cease operations by closing doors and postponing pending matters. In the Los Angeles Superior Court, only critical in-custody matters with substantive pending hearings are being dispositioned. All other matters – trial or otherwise – are being continued by the Court for 30-45 days.

With the CDC recommending drastic changes in American lifestyle to limit the spread of the Coronavirus, it is uncertain if the Courts will resume normal operations in the next 60-90 days. How Does This Affect My Case?

If facing criminal charges, appeal deadlines, or post-conviction relief; you have rights. The right to a speedy trial and appeal are not lost due to national emergencies. As an individual, you must take action to ensure you are continuing your defense. Although physical hearings are being postponed, documentation is still being processed behind-the-scenes. This means prosecutors and investigators are continuing forward with new filings against you. It is important you further your defense via conferences, electronic document submissions, or fax lines made available to your attorney.

What Will Happen To My Pending Appeal?

Court operations may be in chaos; however, legal time to appeal and statutes of limitations remain. Having competent legal representation moving your case forward and monitoring the events on your pending filings will ensure nothing is falling through the cracks. If there is a failure on the Court’s part to respond or properly process, these failures may be brought up to the advantage of your defense. Can My Case Be Hurt Or Helped By Any Of These Events?

The response to the Coronavirus pandemic is in an effort to protect the public’s health. The Courts are enforcing federal recommendations so as to protect their employees. This should not come at the expense of the public’s interests. Cases pending in the judicial system should neither be hurt nor helped by these events. Practically speaking, a postponement of a pending hearing that the Court has not deemed “critical” can have a devastating impact on an individual and waiting for a delayed response on a pending filing can be confusing and frustrating. Your attorney will protect your rights and maintain the necessary communication with all parties. If there is any failure by the Court, your attorney will make sure that your case is not hurt.

What Do I Do Now?

If you are facing new charges, an inmate, friend or relative of a defendant, consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience defending serious cases through to successful early disposition, trial, post-conviction, and appeal outcomes. Contact us now for a Free Consultation.

Gorospe, a resident of North Long Beach, allegedly fired at the city code enforcement inspector from inside the door at his residence, resulting in the loss of sight in the inspector’s left eye during a standoff that lasted nearly seven hours. The incident occurred in July of 2012 when the city inspector and a cleaning crew arrived at his home to begin cleanup after Gorospe had received numerous code violations. Gorospe held police and the inspector at bay for hours, and reportedly shouted at officers asking them to kill him during the standoff while he barricaded himself inside his home.

Gorospe was a reported hoarder, neighbors claiming that some of the rooms inside his home was filled with debris from the floor to the ceiling. However, many neighbors reported that Gorospe was a friendly man, and that he was kind to children. Some appeared in court to request that instead of prison, Gorospe be given psychiatric help. Brett Bush, the victim who was shot in the eye, stated to news reporters that he and the officers were only there because neighbors had asked them to come out. Bush said that at the time, he didn’t know if he would live or die.

Attempted murder and assaulting peace officers are very serious charges. Depending on whether an individual is charged with first- or second-degree attempted murder, the penalties may include a prison term of life with the possibility of parole, or five, seven, or nine years in prison for second-degree attempted murder. In addition, those who are convicted of attempted murder of a peace officer, firefighter, or other individual (protected person) in the course of performing his/her duties must serve a mandatory minimum prison sentence of 15 years.

In many situations it is beneficial for a defendant who is accused of a serious or violent felony offense to consider a plea bargain. In plea bargaining, defense attorneys and state attorneys often come to an agreement concerning reduction of the charges so that the penalties are less severe. However, a plea bargain is not always the right option in every case, particularly for those who are innocent of the crimes they are accused of.

Regardless of your situation, if you have been accused of attempted murder, assault on a peace officer, or any serious criminal offense it is vital to consult with a skilled and aggressive Long Beach criminal defense attorney. A capable defense lawyer will investigate the charges against you, explore all possible legal options, and develop a solid defense strategy should it become necessary to go to trial.

According to Beck and Garcetti, the biggest factor in the increase in violent crime was the rise in domestic violence cases. The mayor claims Los Angeles is safer than it has ever been, and that part of the reason for the unflattering statistics and increase in certain violent crimes is the fact that LA is growing. Property crime was down nearly 5% in 2014, and is the most common offense in the Los Angeles area.

The primary drivers for increases in violent crime include not only an increase in situations involving domestic violence, but the switch of some misdemeanor assaults to aggravated.

Statistics show that last year, the crime of rape went up almost 21%, while homicides increased by 4%. Aggravated assault is up more than 28%.

One individual who is a survivor of domestic violence said, “I just wanted to get away from it. I was through with it.” Carla Lopez said that she put up with domestic abuse for three years before she decided to leave her abuser. In their discussion, Beck and Garcetti renewed the vow to end the cycle of domestic violence in LA.

Plans are in the works to increase the number of domestic abuse response teams so that every LAPD division has one; this would increase the number of teams from 10 to 21.

Domestic violence is a growing problem not only in LA, but around the country. This is a crime that involves threatened abuse or violence, or physical violence in situations involving married couples, couples who live together, those who share children and who are separated or divorced, even between individuals who are or were in a dating relationship. Often time, arguments escalate out of control; sometimes drinking or drugs are involved. In many cases, one person may be wrongly accused of domestic violence, and the accuser may actually be the person who started the altercation, or even made threats.

Domestic violence doesn’t apply only to physical assault, but to intimidation, stalking or harassment, even sexual abuse or abuse that is verbal or social. While it may be charged as a misdemeanor or felony, those convicted will face serious and damaging consequences.

If you have been wrongly accused of domestic violence, take action immediately. Consult with a skilled and experienced Los Angeles domestic violence attorney who will work to uncover the truth and obtain the best possible result.

When an individual behaves deliberately in a way that could potentially result in injury to someone else, regardless of whether a victim was actually injured, it is defined as assault under California Penal Code 240. Someone who is convicted of this type of assault may face penalties including up to $1,000 in fines, and up to six months jail time.

Battery is defined by California Penal Code 242 as a violent act or the willful application of force against another person. If convicted of battery, penalties are the same as with assault, other than the individual may be fined up to $2,000.

Aggravated battery is defined by California Penal Code 243 as the willful appliance of violence or force against another person which results in the victim suffering grave bodily injury. If found guilty of this offense, penalties include up to $1,000 in fines and a maximum of one year in jail.

Aggravated assault with a deadly weapon is defined by California Penal Code 245 A as the assault of another individual while using a deadly weapon. A deadly weapon does not necessarily have to be a knife or firearm; anything that may inflict injury upon someone else including a baseball bat, crow bar, or even a fist may be considered a deadly weapon. If convicted, the penalties include up to $10,000 in fines, a maximum of one year in jail, and enrollment/participation in a class for anger management. The individual convicted will also be ordered to surrender the weapon used in the assault to authorities.

These penalties are not all-inclusive. In addition to fines and jail time, defendants may face informal probation and the requirement to register in a program for batterers.

Innocent individuals are frequently accused of assault; unfortunately, many innocent people sit behind California prison bars today for crimes they did not commit.

Los Angeles assault lawyers understand the serious criminal penalties individuals who are convicted of any of the above crimes face. While these penalties are harsh, being found guilty of any criminal offense will affect your life in other ways. For example, your career and reputation may be ruined.

It is important that anyone accused of assault or battery take action right away to protect your future. Consult with a skilled Los Angeles criminal defense attorney who will work to protect your legal rights, and perform a thorough review of your case to determine an effective course of legal action.