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.

On September 30, 2018, Governor Jerry Brown signed into law Senate Bill 1437. SB 1437 became known as the Felony Murder Rule effectively changing the rules for how California charges felony murders.

Prior to SB 1437, California law allowed a defendant to be convicted of first-degree murder in the commission of a felony even if the defendant did not intend to kill the victim or did not know a murder took place. This means that in the commission of a residential burglary, for instance, if someone were killed as a result of the incident a getaway driver would be charged with and convicted or murder even if they had not stepped into the scene of the crime. This former broader law meant hundred of convictions of murder for individuals who never intended on seeing someone harmed in the commission of a felony act.

Under the new Felony Murder Rule, a person can only be convicted of murder if he killed a person in the commission of a felony, aided and abetted the killing, was a major participant in the killing, or the victim was a peace officer engaged in the performance of his duties. SB 1437 is retroactive, meaning it applies to defendants that were accused and convicted under the old law and who are now eligible for relief including appeal and resentencing.

How Do I Appeal A Sentence Under SB 1437?

Like most forms of post-conviction relief, appealing a sentence under SB 1437 requires careful processing and adhering to the rules so that the appeal is properly and timely carried out. The first step in the appeal process is filing a petition. This petition must be carefully prepared and filed in the sentencing court with service (or notice made) to the agency that prosecuted the petitioner and the attorney that represented the petitioner.

In order for the petition to be properly completed it must include a declaration from the petitioner showing he is eligible for a sentence reduction by meeting three conditions; showing he was prosecuted for murder under a natural and probable consequences theory (NPC theory) meaning that the murder was found to be a natural and probable consequence of a felony act, he was convicted of first-degree or second-degree murder following a trial or accepted such charges as a plea offer, and that he would not have been convicted of murder under California’s new Felony Murder Rule.

Once the petition has been received and accepted, that is that the petitioner has shown he is eligible for a sentence reduction, then a hearing is set to resentence. At this hearing it is not the responsibility of the petitioner to prove that his sentence should be reduced, rather it is the responsibility of the prosecutor to prove beyond a reasonable doubt that the petitioner’s sentence should not be reduced.

If the prosecutor cannot prove this, then the allegations and enhancements on the conviction are vacated and the petitioner is resentenced on the remaining charges. The resentencing Judge will give credit for time served and may order the petitioner receive parole supervision for up to three years following the completion of the sentence. What Do I Do Now?

If you or a relative or friend is currently in custody serving a sentence for felony murder you may be eligible for relief. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience researching, strategizing, and preparing petitions under SB 1437. Remember, a resentence and immediate release is possible. Contact us now for a Free Consultation.

News reports state that in all, three attackers were arrested within hours of the shooting, which authorities believe occurred as the result of a botched robbery. The three attackers were 16, 18, and 21 and were reportedly on the lookout for someone to rob when they saw the officer sitting in his car.

Lt. John Corina of the Los Angeles County Sheriff’s Dept. said that Galvez had just ended his shift when the attack happened, and that he believed the attackers did not know he was a police officer when they attempted to rob him. Corina did not believe Galvez saw the young men coming toward him. The gunshots were heard by another officer who chased the suspects as they fled into Montebello. SWAT officers swept surrounding neighborhoods in their attempt to capture the three men; the getaway driver was arrested a short time later, and a gun found that was believed to be the one used in the shooting.

All three suspected are scheduled to appear in court on charges of murder on Monday, however prosecutors have not yet decided whether the 16-year-old will be charged as an adult.

Located about 10 miles southeast of downtown Los Angeles, Downey has approximately 110,000 residents.

Murder is the most serious criminal offense a person may be charged with, and could result in life in prison for those found guilty. While authorities believe the three suspects in this case had set out to rob the police officer, there is no way to know at this point if they intended to kill him. Prosecutors must prove every element of a crime in order for the defendant to be found guilty. In the case of first-degree or felony murder, it must be proven beyond a doubt the defendant(s) in a way that is unlawful, deliberate, and premeditated. In the case above, a defendant may be charged with first-degree murder with “special circumstances,” as the person who was murdered was a police officer. Those found guilty of first-degree murder with special circumstances may face the death penalty, or life in prison without the possibility of parole.

While murder is no doubt a heinous crime, there are instances in which someone loses his or her life when the intent was not murder, but something went wrong. Regardless, anyone who is arrested or charged with a homicide offense or any serious criminal offense must work with a skilled and aggressive Los Angeles criminal defense lawyer in order to reach the best possible result, and protect your freedom and future to the greatest extent possible. There are legal options, and in some cases it may be possible to have charges dismissed or reduced so that the damage to the defendant’s life is minimized.

Perhaps you have been wrongly accused, or were involved in circumstances that went horribly wrong. Whatever the situation, consult with a seasoned defense attorney who will review your case, investigate the details, and work to secure the best possible outcome.

Authorities say Perdon fatally stabbed Estes during an argument, and that a dispute had been ongoing that stemmed from the time they spent as roommates. Estes was reportedly stabbed in the early morning hours and was found by police near the intersection at approximately 5:30 a.m., where he succumbed to his injuries. News reports did not reveal details of the ongoing dispute between the two men.

At last report, Perdon was being held in the Long Beach jail on more than $1 million bail.

Murder is the most serious homicide offense a person can be charged with, and leaves the alleged offender facing a minimum of 25 years to a maximum of life in prison if found guilty. Felony or first-degree murder is the deliberate, unlawful, and premeditated killing of another person. In some cases, it is difficult for prosecutors to prove the act was premeditated. This can result in reduced charges, which leaves the defendant facing criminal penalties that are less harsh than those for felony murder. California Penal code section 187 describes murder as “the unlawful killing of a human being or a fetus with malice aforethought.” Malice is one element in any first-degree murder case that prosecutors must prove.

Regardless of the circumstances, anyone who is charged with murder or who is under investigation but has not been charged should consult with an experienced and aggressive Long Beach criminal defense attorney. Every individual has legal rights that must be protected, regardless of the seriousness of the crime. Police and investigators may make mistakes that can work to the defendant’s benefit. The burden of proof is on prosecutors, who must prove every separate element of a particular offense. A defense lawyer’s job is to protect the client’s rights, determine all possible legal options, challenge the prosecutor’s case, and protect the freedom and future of the client to the greatest extent possible.

If you have been charged with any criminal offense or are under investigation, do not hesitate before contacting a highly qualified attorney who will give your case the personal attention you deserve.

Ouch was struck by a bullet in the early morning hours as Perez and another gang member opened fire at an apartment complex where rival gang members lived. Perez fled to Mexico after the shooting, and was not tracked down for some five years before being located and arrested by the FBI. Sokmorn Chea is the other gang member who was allegedly involved in the fatal shooting; he is serving life without parole following his 2007 conviction.

Prior to sentencing, Perez spoke to Ouch’s family, apologizing for his actions and saying “I’m here as a man today to accept responsibility for my actions.”

Perez was convicted in February on two counts of first-degree murder in the death of Ouch and her unborn child. Perez will not be eligible for parole, as jurors determined that the murder was committed for the benefit of the street gang Perez was a member of, the Asian Boyz.

Perez’s defense attorney, Peter Jones, alleged that his client was high on Ecstasy and intoxicated at the time of the incident. He maintained that Perez did not know what he was doing, and that the intention was not to kill anyone, but to spray the Tiny Rascal Gang who lived in the apartment complex with bullets.

Judge Wayne Ellison, who sentenced Perez, said that the defendant’s bullets did not kill Ouch according to the evidence, but that “justice demands that these lives be respected.” He also said in announcing the life sentence that Perez had shown remorse for his actions, and that it was “unfortunate” that the defendant was recruited into the gang by his uncle.

Murder is the most serious crime a person can be accused of, not only in California but across the nation. While it is a tragedy that an innocent young woman lost her life and the life of her unborn child, it is also a tragedy that at young man who is not yet 30 years old will now spend the remainder of his life behind bars even though he is not the individual who pulled the trigger on the gun that killed the victim, but was a member of a violent gang.

Anyone who is accused of taking someone else’s life must consult with an experienced and aggressive Los Angeles murder defense attorney immediately, regardless of your innocence or guilt. The stakes are too high to attempt to handle it without a capable defense lawyer; your freedom is in jeopardy. Even with crimes as heinous as murder, there are options which may help you avoid a life behind bars and other harsh consequences. Until proven guilty, you are innocent. Protect your innocence by taking action at once and contacting a qualified defense lawyer.

The names of the deceased have not been released, although news reports did say that one of the men was an Oakland resident who was 38 years old. The man who was injured was said to be in critical condition, and is 52 years old. Another man suffering gunshot wounds showed up at an area hospital later, although authorities did not know whether he sustained the gunshot wounds at the party. Considering two men died and one was hospitalized with injuries, the responsible party or parties may be facing multiple criminal charges when apprehended. Firearms charges are also a possibility.

According to police, about a dozen individuals were outside the home where the party was being held when others showed up, and gunfire erupted just moments later. The unidentified victim died at the scene; the 38-year-old male victim succumbed to his injuries at an area hospital early the next morning.

As of Saturday, no arrests had been made in the shooting; Oakland police officer Rob Rosin said that the motive for the shooting was not known. The shooting occurred in the Sobrante Park area in the 400 block of 105th Avenue. A $25,000 reward has been offered by Oakland Crime Stoppers and police for information which may lead to the arrest of the suspect(s) responsible for the shooting.

Los Angeles homicide defense attorneys know that individuals who are accused of killing someone, whether voluntarily or involuntarily, face serious criminal penalties if convicted. Depending on whether an individual is charged with voluntary manslaughter, murder, or other homicide-related offense, penalties include a substantial number of years to life in prison or possibly even the death penalty.

If you or someone you know has been accused of homicide, murder, or any criminal offense that results in the death of another individual it is critical that you obtain the services of a skilled and aggressive Los Angeles murder lawyer immediately.

Aaron Hernandez was denied bail on Thursday before the Superior Court Judge Renee Dupuis in Fall River, ordering Hernandez back to jail. Aaron Hernandez’s defense team, who is led by James Sultan, argued that his client should have been allowed on bail. There are only a few factors that come into play when considering denying bail, there must be substantial grounds for believing that the defendant would abscond, poses a risk to society or to a specific person and/or interfere with witnesses.

In Aaron Hernandez’s case it is completely fair to say that he is not getting treated fairly by the judicial system. Let me explain, one of the key reasons as to why bail is denied must be that the defendant is a flight risk, meaning that Aaron Hernandez might leave the county, which I may add even if he wanted to flee he couldn’t due to his celebrity status. Another factor comes into play when bail is denied, the judge must feel that the defendant poses a threat to society or to any persons related to the case. In Aaron’s case the evidence brought against him are circumstantial. Hernandez’s lawyer argued that the prosecution had not given evidence that shows who actually shot Lloyd and that there was no eyewitness testimony. The fact that he has no criminal record and he wouldn’t be a flight risk he should have been released on bail.

James Sultan disputed to Judge Renee Dupuis that “shouldn’t get special treatment because he’s a celebrity, he should get special treatment because the facts that support bail in his particular case happen to be unusual.” Sultan continued by saying that “He’s a young man who is extremely accomplished and hardworking in his chosen profession.” However, Judge Renee Dupuis stated that the evidence against Hernandez was “circumstantial to be sure, but a very strong circumstantial case.” In the end if we are making rulings based on the judicial system then Aaron Hernandez should have been allowed on bail. It isn’t fair that he is separated from his 8-month old baby and fiancé when he clearly should have been released on bail. After all everyone is innocent until proven guilty.