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        <title><![CDATA[Murder - The Justice Firm]]></title>
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                <title><![CDATA[SB 1437 – Sentence Reduction For Felony Murder Convictions]]></title>
                <link>https://www.justice-firm.com/blog/sb-1437-sentence-reduction-for-felony-murder-convictions/</link>
                <guid isPermaLink="true">https://www.justice-firm.com/blog/sb-1437-sentence-reduction-for-felony-murder-convictions/</guid>
                <dc:creator><![CDATA[The Justice Firm]]></dc:creator>
                <pubDate>Mon, 01 May 2023 00:11:21 GMT</pubDate>
                
                    <category><![CDATA[Criminal Conviction]]></category>
                
                    <category><![CDATA[Felony murder]]></category>
                
                    <category><![CDATA[Murder]]></category>
                
                    <category><![CDATA[SB 1437]]></category>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                    <category><![CDATA[California felony murder rule]]></category>
                
                    <category><![CDATA[changes in California law]]></category>
                
                    <category><![CDATA[Criminal Defense]]></category>
                
                    <category><![CDATA[felony murder]]></category>
                
                    <category><![CDATA[Felony Murder Rule]]></category>
                
                    <category><![CDATA[incarcerated]]></category>
                
                    <category><![CDATA[resentencing]]></category>
                
                    <category><![CDATA[SB 1437]]></category>
                
                    <category><![CDATA[SB 775]]></category>
                
                
                
                <description><![CDATA[<p>Until 2019, countless of inmates in California had been serving unjustly long sentences for murder convictions, even though they never killed, attempted to kill, or intended for a person to die. Fortunately, as part of the ongoing criminal justice reform in California, in 2017, the state legislature acknowledged the need for more equitable sentencing of&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>Until 2019, countless of inmates in California had been serving unjustly long sentences for murder convictions, even though they never killed, attempted to kill, or intended for a person to die. Fortunately, as part of the ongoing criminal justice reform in California, in 2017, the state legislature acknowledged the need for more equitable sentencing of offenders and determined that reform in the laws is necessary to reflect one of the basic principles of the law and of equity, that a person should be punished for his o her actions based on their own level of individual culpability.</p>


<p>As a result of their findings, the California Legislature concluded that the felony murder rule and the natural and probable consequences doctrine, as it relates to murder, have to be amended, and on September 30, 2018, the former California Governor Jerry Brown, signed into law SB 1437, which was codified as Penal Code §1170.95. In short, SB 1437 changes Penal Code §§188 and 189 by limiting the number of people that can be convicted of felony murder, and by effectively eliminating the role of the natural and probable consequences doctrine in murder cases.</p>


<p>Prior to SB 1437, a person could have been convicted of felony murder if he or she participated in or aided in the commission of a felony and a victim died during or as a result of the felony. Under the new law, in order for someone to be convicted of felony murder, he or she has to participate or attempt to participate in a felony in which a death occurs <u>and</u>:
</p>


<ul class="wp-block-list">
<li>The person is the actual killer;</li>
<li>The person acted with the intent to kill, by, for example, aided, abetted, induced, or assisted the actual killer in killing the victim;</li>
<li>The person was a “major participant” in the felony and acted with reckless indifference to human life; or</li>
<li>The victim was a police officer who was killed on the job, and the defendant “knew or reasonably should have known that the victim was a peace officer engaged in the performance of his or her duties.”</li>
</ul>


<p>
Notably, SB 1437 is retroactive, which allows defendants that have been convicted under the old rule to petition the court to have their murder convictions vacated and their sentences recalled.</p>


<p>SB 1437 spells out in detail the procedure for petitioning and resentencing. According to the new law, a person is eligible to have their sentence reduced if he or she meets all three conditions below:
</p>


<ul class="wp-block-list">
<li>Defendant was prosecuted for murder under a theory of felony murder or murder under the natural and probable consequences doctrine;</li>
<li>Defendant was convicted of first-degree or second-degree murder following a trial, or, accepted such charges as a plea offer; and</li>
<li>Defendant could not be convicted of murder under the new felony murder law.</li>
</ul>


<p>
In order to have their sentences reconsidered, defendants have to file a petition with the court that sentenced them and serve a copy of the petition on the district attorney, and on the counsel who represented them at trial. In addition to a detailed declaration spelling out the reason for eligibility of relief under the new law, the petition has to include the case number and the year of conviction, and whether the petitioner is requesting the appointment of counsel.</p>


<p>After the petition is filed, the court will hold a <em>prima facie</em> hearing. If the court finds that the petitioner meets the basic criteria for relief, the court will issue an order to show cause. At the <em>order to show cause</em> hearing, the burden of proof will shift to the prosecution to prove beyond reasonable doubt, that the petitioner is guilty of murder under the revised laws, i.e. that during the commission of a crime, the person intended to kill or was a major participant and acted with reckless indifference to human life. If the prosecution is unable to meet its burden of proof, then the new law requires the court to vacate the prior conviction and any allegations and enhancements attached to it, and to resentence the defendant on the remaining charges.</p>


<p>Notably, during the hearing, the court is allowed to hear not only evidence previously admitted, but also new or additional evidence. Furthermore, if there was a prior determination by a judge or a jury that the petitioner did not act with reckless disregard for human life or was not a major participant in the underlying felony, then the court is required to vacate the conviction and resentence the petitioner without the need for a hearing.</p>


<p>While advocates of criminal justice reform in California welcomed SB 1437, the law overlooked a substantial number of inmates, who had been convicted of manslaughter or attempted murder under the old theories, and who were left ineligible to petition for resentencing under SB 1437. However, in 2021, the California legislature rectified that problem by enacting <a href="/blog/sb-775-resentencing-for-prior-manslaughter-or-attempted-murder-convictions/">SB 775</a>, which came into effect on January 1, 2022, and provided for people who are serving sentences for attempted murder and manslaughter under felony murder theories to petition the court for sentence reduction.</p>


<p>A successful resentencing petition requires a diligent and skillful representation. At the <a href="/">Justice Firm</a>, we understand the value of a solid attorney-client relationship, and are ready to work with you or your loved ones to achieve the best outcome possible.</p>


<p>If you believe you are eligible, or want to know whether you could potentially qualify to have your murder, attempted murder, or manslaughter charges vacated, our highly skilled and reliable attorneys are here to help and to answer any questions you might have. If you or a loved one has questions about this law, or other post-conviction matters, contact our California appeals attorneys today for a case evaluation locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click <a href="/contact-us/">here</a>.</p>


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                <title><![CDATA[LET’S TALK CRIMINAL GUN ENHANCEMENTS (AB1509)]]></title>
                <link>https://www.justice-firm.com/blog/lets-talk-criminal-gun-enhancements-ab1509/</link>
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                <dc:creator><![CDATA[The Justice Firm]]></dc:creator>
                <pubDate>Tue, 15 Jun 2021 23:18:21 GMT</pubDate>
                
                    <category><![CDATA[Alternative Sentencing Options]]></category>
                
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                <description><![CDATA[<p>Gun Law Enhancements Can Result in Lengthy Sentences. LET’S TALK CRIMINAL GUN ENHANCEMENTS (AB1509) Under California gun laws, a sentence for a felony case can be “enhanced” if a gun was possessed or used during the commission of a crime. These laws can extend sentences well beyond the maximum punishment for the principal crime itself.&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Gun Law Enhancements Can Result in Lengthy Sentences.</p>



<p><strong>LET’S TALK CRIMINAL GUN ENHANCEMENTS (AB1509)</strong></p>



<p>Under California gun laws, a sentence for a felony case can be “enhanced” if a gun was possessed or used during the commission of a crime. These laws can extend sentences well beyond the maximum punishment for the principal crime itself. If there are multiple enhancements or more than one enhancement, the punishment imposed will be the longest possible sentence.</p>



<p>When the underlying felony offense is a serious drug offense, a serious sex offense, or a violent offense, the firearms sentencing penalty will be increased even further. Having a criminal history or prior felony conviction can complicate things and result in additional time. It all adds up!</p>



<p>For these reasons it is critical to differentiate the type of firearm involved, whether someone else may have used the gun, whether the gun was used or simply present, and if the gun was or was not found during an illegal police search. These points can all lead to varying legal defenses to California firearms sentencing enhancements. <strong>What Does This Mean If A Gun Was Found And Is Being Charged As An Enhancement?</strong></p>



<p>Typically the prosecution will want to charge anything and everything that they believe will “stick”. Whenever a firearm is involved in any way in or around the commission of a crime, you can expect to see a charge filed and enhancement alleged.</p>



<p>While there have been many legal challenges to enhancements – including SB620 which allows judicial discretion not to impose firearm sentencing enhancement after January 1, 2018 – Judges being allowed to “strike” these enhancements may not do so.</p>



<p>AB1509 (Assembly Bill 1509) is a law that would remove or drastically reduce gun enhancements to crimes. This Bill, while currently still in committee, is likely to pass and would eliminate gun enhancements retroactively in California. Of course, a defense team that is on top of the legal opportunities for gun enhancements to be removed will argue aggressively to eliminate the enhancements and prevent any additional sentence from being imposed. <strong>What Do I Do Now?</strong></p>



<p>If you or a relative or friend is currently in custody or charged with a crime; you must seek professional counsel about eliminating enhancements. There is legal research and work to do. It is critical you consult with an experienced and qualified <a href="/contact-us/">Criminal Defense Lawyer</a>. Our California team has years of experience fighting gun enhancements successfully at every level (preliminary hearing/pretrial/trial/sentencing/post-conviction/appeal). Remember, you cannot have a passive defense. You must be prepared, file worked up, and with your defense team you have the best opportunity to eliminate enhancements and sentence extensions. Contact us <a href="/contact-us/">now</a> for a Free Consultation.</p>
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                <title><![CDATA[LA DA GEORGE GASCON CONTINUES TO MAKE WAVES WITH PAROLE CHANGES]]></title>
                <link>https://www.justice-firm.com/blog/la-da-george-gascon-continues-to-make-waves-with-parole-changes/</link>
                <guid isPermaLink="true">https://www.justice-firm.com/blog/la-da-george-gascon-continues-to-make-waves-with-parole-changes/</guid>
                <dc:creator><![CDATA[The Justice Firm]]></dc:creator>
                <pubDate>Tue, 11 May 2021 18:14:06 GMT</pubDate>
                
                    <category><![CDATA[Alternative Sentencing Options]]></category>
                
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                    <media:thumbnail url="https://justice-firm-com.justia.site/wp-content/uploads/sites/1015/2021/05/CDC-Prisoners.jpeg" />
                
                <description><![CDATA[<p>CDC Prisoners seeking early release via the granting of parole. LA DA GEORGE GASCON CONTINUES TO MAKE WAVES WITH PAROLE CHANGES Since being sworn in as Los Angeles County District Attorney in December 2020, George Gascon has hardly been out of the headlines. From eliminating sentence enhancements for hate crimes and dismissing gang enhancements to&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>CDC Prisoners seeking early release via the granting of parole.</p>



<p><strong>LA DA GEORGE GASCON CONTINUES TO MAKE WAVES WITH PAROLE CHANGES</strong></p>



<p>Since being sworn in as Los Angeles County District Attorney in December 2020, George Gascon has hardly been out of the headlines. From eliminating sentence enhancements for hate crimes and dismissing gang enhancements to removing firearm allegations and continuing to push for resentencing and sentence commutation; Gascon has shown himself to maintain a progressive approach focused on rehabilitation. His latest changes to the DA’s office have been highly controversial.</p>



<p>Gascon has announced that prosecutors will not be present at parole board hearings to oppose prisoners’ release. Instead, LA’s new DA is creating a new policy to have prosecutors support the granting of parole and early release in writing. This is working off an assumption that prisoners have been rehabilitated and deserve clemency. If a prisoner is high-risk, the policy will mean prosecutors retain neutral on – instead of opposing – the granting of parole. This leaves the decision up to the parole board based on the prisoner’s record and arguments for release.</p>



<p>Gascon’s position that “people evolve” and are deserving of a fair chance at release is consistent with his message of supporting rehabilitation and release. Of course there has been major backlash for this change in department policy. Victims, victims’ families, and advocates believe that this decision leaves the door open for dangerous individuals to be released. Supporters of the new change believe the prosecutors did their part in convicting the individuals and they now deserve a fair chance at being granted parole without objection from an outside party.</p>



<p><strong>What Does This Mean If I Am Or A Loved One Is In Prison?</strong></p>



<p>Gascon’s changes to the approach to California parole are the biggest in decades. Never before has a DA made such major progress toward improving incarceration figures and inmate release. Gascon reminds the public that the original sentence carried the opportunity for parole, which means granting prisoners this fair chance is well within the original sentence. This move by Gascon is the latest in a complete shift in the DA’s office approach to fairness, rehabilitation, and progress in prosecution.</p>



<p>Having your defense attorney review your case and prepare for your parole board hearing is critical. Your attorney will work tirelessly at properly seizing the opening for release before you and covering everything the parole board will want to review. This will result in you being as well prepared as possible to obtain relief and the possibility of parole being granted.</p>



<p><strong>What Do I Do Now?</strong></p>



<p>If you or a relative or friend is currently in custody; you must seek professional counsel about parole options. It is never too early. It is critical you consult with an experienced and qualified <a href="/contact-us/">Criminal Defense Lawyer</a>. Our California team has years of experience arguing cases successfully before parole boards and seeing prisoners through to release. Remember, you cannot leave your release up to chance. You must be prepared, file worked up, and with your defense team you have the best opportunity. Contact us <a href="/contact-us/">now</a> for a Free Consultation.</p>
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                <title><![CDATA[NEW LA COUNTY DA PROMOTING SWEEPING CHANGES (GEORGE GASCON)]]></title>
                <link>https://www.justice-firm.com/blog/new-la-county-da-promoting-sweeping-changes-george-gascon/</link>
                <guid isPermaLink="true">https://www.justice-firm.com/blog/new-la-county-da-promoting-sweeping-changes-george-gascon/</guid>
                <dc:creator><![CDATA[The Justice Firm]]></dc:creator>
                <pubDate>Mon, 18 Jan 2021 22:03:53 GMT</pubDate>
                
                    <category><![CDATA[Alternative Sentencing Options]]></category>
                
                    <category><![CDATA[Assault]]></category>
                
                    <category><![CDATA[Commutation]]></category>
                
                    <category><![CDATA[Criminal Defense Guidance]]></category>
                
                    <category><![CDATA[Dangerous Drugs]]></category>
                
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                    <category><![CDATA[George Gascon]]></category>
                
                    <category><![CDATA[Los Angeles District Attorney]]></category>
                
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                <description><![CDATA[<p>NEW LA COUNTY DA PROMOTING SWEEPING CHANGES (GEORGE GASCON) 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&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p><strong>NEW LA COUNTY DA PROMOTING SWEEPING CHANGES (GEORGE GASCON)</strong></p>


<p>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. </p>


<p>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.</p>


<p>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. 
<strong>What Does This Mean If I Am Facing Charges Or Have A Pending Case?</strong></p>


<p>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. </p>


<p>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.</p>


<p><strong>What Do I Do Now?</strong></p>


<p>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 <a href="/contact-us/">Criminal Defense Lawyer</a>. 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 <a href="/contact-us/">now</a> for a Free Consultation.</p>


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                <title><![CDATA[COVID-19 (CORONAVIRUS) AND MY CASE (TRIAL OR APPEAL)]]></title>
                <link>https://www.justice-firm.com/blog/covid-19-coronavirus-and-my-case-trial-or-appeal/</link>
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                <dc:creator><![CDATA[The Justice Firm]]></dc:creator>
                <pubDate>Mon, 16 Mar 2020 16:11:40 GMT</pubDate>
                
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                <description><![CDATA[<p>COVID-19 (CORONAVIRUS) AND MY CASE (TRIAL OR APPEAL) 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&hellip;</p>
]]></description>
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<p><strong>COVID-19 (CORONAVIRUS) AND MY CASE (TRIAL OR APPEAL)</strong></p>


<p>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. </p>


<p>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. 
<strong>How Does This Affect My Case?</strong></p>


<p>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.</p>


<p><strong>What Will Happen To My Pending Appeal?</strong></p>


<p>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. 
<strong>Can My Case Be Hurt Or Helped By Any Of These Events?</strong></p>


<p>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.</p>


<p><strong>What Do I Do Now?</strong></p>


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


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                <title><![CDATA[Is California’s New Felony Murder Law Constitutional?]]></title>
                <link>https://www.justice-firm.com/blog/is-californias-new-felony-murder-law-constitutional/</link>
                <guid isPermaLink="true">https://www.justice-firm.com/blog/is-californias-new-felony-murder-law-constitutional/</guid>
                <dc:creator><![CDATA[The Justice Firm]]></dc:creator>
                <pubDate>Thu, 08 Aug 2019 13:00:58 GMT</pubDate>
                
                    <category><![CDATA[Felony murder]]></category>
                
                    <category><![CDATA[Murder]]></category>
                
                    <category><![CDATA[SB 1437]]></category>
                
                
                    <category><![CDATA[California felony murder rule]]></category>
                
                    <category><![CDATA[SB 1437]]></category>
                
                
                
                <description><![CDATA[<p>Senate Bill 1437 took effect in January of this year, yet many still challenge whether the new state law regarding felony murder is constitutional. The old felony murder doctrine left countless people locked up in prison, some for decades, for murders they didn’t commit. Essentially, anyone who was an accomplice was considered equally responsible in&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>Senate Bill 1437 took effect in January of this year, yet many still challenge whether the new state law regarding felony murder is constitutional.</p>


<p>The old felony murder doctrine left countless people locked up in prison, some for decades, for murders they didn’t commit. Essentially, anyone who was an accomplice was considered equally responsible in a crime and could face charges of first degree murder, even it that person had no idea that someone else would take another person’s life.</p>


<p>While California’s felony murder rule was described as “barbaric” in a 1983 ruling by the state’s Supreme Court, nothing was done. Over 35 years later, we finally have a new felony murder law that will hopefully prevent those who did not commit murder or have any intent to kill someone from facing the same charges and penalties as someone who actually “did the deed.”</p>


<p>The new felony murder law was meant to be retroactive, making it possible for those who had been found guilty under the old rule to apply for re-sentencing. In 2017 Senate Concurrent Resolution 48 was passed, recognizing the need for reform to the felony murder rule – specifically that offenders should be sentenced according to their involvement in a crime.</p>


<p>Although the new felony murder law went into effect January 1, many prosecutors continue to challenge it’s constitutionality; even some judges have struck down SB 1437 as unconstitutional. While some argue that the new felony murder law amends Proposition 7 and Proposition 115, the AGs Office argues otherwise and accepts SB 1437 as constitutional.</p>


<p>Courts across California have upheld SB 1437 as constitutional, and while some prosecutors continue to try to overturn the new law and resort to scare tactics, many are properly applying the law, making it possible for some who have served time behind bars for murders they did not commit to finally go home.</p>


<p>California’s new felony murder law is constitutional; hopefully this reform will be upheld by state courts.</p>


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                <title><![CDATA[McDaniels’ First-Degree Murder Conviction Upheld by San Francisco State Appeals Court, Firearm Enhancements Sentencing Remanded to Trial Court]]></title>
                <link>https://www.justice-firm.com/blog/mcdaniels-first-degree-murder-conviction-upheld-by-san-francisco-state-appeals-court-firearm-enhancements-sentencing-remanded-to-trial-court/</link>
                <guid isPermaLink="true">https://www.justice-firm.com/blog/mcdaniels-first-degree-murder-conviction-upheld-by-san-francisco-state-appeals-court-firearm-enhancements-sentencing-remanded-to-trial-court/</guid>
                <dc:creator><![CDATA[The Justice Firm]]></dc:creator>
                <pubDate>Tue, 22 May 2018 12:41:17 GMT</pubDate>
                
                    <category><![CDATA[Drug Crimes]]></category>
                
                    <category><![CDATA[Murder]]></category>
                
                    <category><![CDATA[SB 620]]></category>
                
                    <category><![CDATA[Sentencing Enhancements]]></category>
                
                
                    <category><![CDATA[firearm enhancements]]></category>
                
                    <category><![CDATA[SB 620]]></category>
                
                
                
                <description><![CDATA[<p>In 2016 Alpacino McDaniels was found guilty of the July 2013 murder of 23-year-old Teric Traylor by an Alameda County Superior Court jury. McDaniels allegedly killed Traylor during a street fight in West Oakland, although McDaniels claimed that he was not the one who shot the victim. McDaniels had prior convictions including two for possessing&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>In 2016 Alpacino McDaniels was found guilty of the July 2013 murder of 23-year-old Teric Traylor by an Alameda County Superior Court jury. McDaniels allegedly killed Traylor during a street fight in West Oakland, although McDaniels claimed that he was not the one who shot the victim. McDaniels had prior convictions including two for possessing cocaine base for sale, one for evading police and another for selling a controlled substance.</p>


<p>In this case the murder of the victim occurred in an area commonly known as one where drug crimes and other violent activity took place, the block referred to as “Mead Street” in West Oakland which runs between Market Street and San Pablo Avenue. Reports claim that while drug dealers would operate at various locations on Mead, the main site where drug activity took place was at a corner liquor store. McDaniels was convicted of one count each of first-degree murder and felon in possession of a firearm.</p>


<p>The jury in the case determined that McDaniels intentionally and personally discharged a firearm that resulted in the victim’s death, and concluded three firearm enhancements along with the murder count were true. He was sentenced to 25 years to life for the murder along with 25 years to life for the discharge of a firearm causing death to be served consecutively, a total of 50 years to life behind bars. In the two additional firearm enhancements, 20- and 10-year terms were stayed. McDaniels was 29 at the time he was charged with the murder; Charles Fuller was also charged in the crime.</p>


<p>In <a href="/blog/california-law-senate-bill-620-changes-things-comes-sentencing-enhancements/">October of 2017 Senate Bill 620</a> was signed into law by Governor Jerry Brown and took effect in January of this year. This law essentially takes the power to add firearm enhancements away from prosecutors, instead leaving the decision as to whether firearm enhancements should be added to sentencing to the judge. Prior to the passing of SB 620 gun enhancement penalties often added years or even decades to the amount of prison time a convicted offender would serve.</p>


<p>On April 17 of this year a San Francisco appeals court upheld McDaniels’ murder conviction, however a three-judge panel ordered further consideration of his sentence. The appeals court found that in light of SB 620 which applies retroactively, the sentencing court is given the discretion to dismiss or strike firearm enhancements. The matter was remanded to the trial court for consideration of the firearm enhancements, and whether they will be dismissed.</p>


<p>While the murder conviction stands, McDaniels’ sentence will be further considered by the trial court. Whether the firearm enhancements will remain or be dismissed is a question we will hopefully have an answer to in the near future.</p>


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                <title><![CDATA[Potential New Felony Murder Rule SCR 48 Awaits California Governor’s Signature]]></title>
                <link>https://www.justice-firm.com/blog/potential-new-felony-murder-rule-scr-48-awaits-california-governors-signature/</link>
                <guid isPermaLink="true">https://www.justice-firm.com/blog/potential-new-felony-murder-rule-scr-48-awaits-california-governors-signature/</guid>
                <dc:creator><![CDATA[The Justice Firm]]></dc:creator>
                <pubDate>Thu, 28 Sep 2017 00:11:37 GMT</pubDate>
                
                    <category><![CDATA[Murder]]></category>
                
                
                    <category><![CDATA[Felony Murder Rule]]></category>
                
                    <category><![CDATA[SCR 48]]></category>
                
                
                
                <description><![CDATA[<p>SCR 48 (Senate Concurrent Resolution 48) is a bill that is intended to reform the Felony Murder Rule in California, authored by Senator Nancy Skinner (D-Berkeley) and awaiting Governor Brown’s signature as it has passed in both the California State Assembly and California State Senate. Ultimately, SCR 48 is a bill that recognizes punishment for&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>SCR 48 (Senate Concurrent Resolution 48) is a bill that is intended to reform the Felony Murder Rule in California, authored by Senator Nancy Skinner (D-Berkeley) and awaiting Governor Brown’s signature as it has passed in both the California State Assembly and California State Senate.</p>


<p>Ultimately, SCR 48 is a bill that recognizes punishment for felony murder should be proportionate to the crime committed. In California, a person can be sentenced to life in prison for a first-degree murder conviction, even though the individual did not actually murder someone. In fact, California prisons are filled with inmates facing life behind bars for murders they didn’t actually commit. Doesn’t make sense, but here is a possible scenario that could leave someone facing a life prison term for felony murder without actually having committed the crime.</p>


<p>The Felony Murder Rule applies when a crime that is considered “inherently dangerous” such as burglary, arson, rape, kidnapping, or robbery occurs and a person is killed – the defendant does not have to be the one who committed the act, or even have to act with reckless indifference or intent to be convicted of felony murder. Is it fair for someone who may have taken part in an “inherently dangerous” crime but who did not actually commit murder to face the exact same punishment as the person who did actually commit murder? For most, it doesn’t seem fair.</p>


<p>Suppose an individual is sitting outside in a vehicle waiting on his or her friend who has gone inside a bank or convenience store for the purpose of stealing money from the cashier. Things don’t go as planned, the cashier puts up a fight and the perpetrator ends up shooting and killing the cashier, unbeknownst to the driver waiting outside. Now a murder has occurred, and the person driving the “getaway” vehicle is just as culpable as the person who actually pulled the trigger.</p>


<p>SCR 48 is a critical first step in reforming the Felony Murder Rule in California. If passed, judges will be able to determine sentencing on the defendant’s age at the time of the crime, to what degree he or she participated, etc. No longer would an offender who committed the crime of murder and someone who was present during the commission of a serious felony crime but not involved in a killing face the same punishment, life in prison. Perhaps justice will finally be served, and California’s prisons a bit lighter in terms of prisoners who have experienced a huge injustice.</p>


<p>What are your thoughts on SCR 48? This resolution is sponsored by several individuals and criminal justice reform organizations including #cut50 who stated that California’s Felony Murder rule does not treat individuals fairly and equally, and that data supports the fact that those who are poor and people of color face unfair or unequal sentencing.</p>


<p>Only a handful of states in the U.S. have eliminated the Felony Murder Rule, a rule that is only used in the U.S. These states include Hawaii, Kentucky, Michigan, and Ohio; could California be the next to do away with this unfair rule?</p>


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                <title><![CDATA[Downey Police Officer Shot to Death, Three Arrested in Botched Robbery Attempt]]></title>
                <link>https://www.justice-firm.com/blog/downey-police-officer-shot-to-death-three-arrested-in-botched-robbery-attempt/</link>
                <guid isPermaLink="true">https://www.justice-firm.com/blog/downey-police-officer-shot-to-death-three-arrested-in-botched-robbery-attempt/</guid>
                <dc:creator><![CDATA[The Justice Firm]]></dc:creator>
                <pubDate>Fri, 20 Nov 2015 14:46:26 GMT</pubDate>
                
                    <category><![CDATA[Attempted Robbery]]></category>
                
                    <category><![CDATA[Homicide]]></category>
                
                    <category><![CDATA[Murder]]></category>
                
                
                    <category><![CDATA[first-degree murder special circumstances]]></category>
                
                    <category><![CDATA[homicide]]></category>
                
                    <category><![CDATA[murder]]></category>
                
                    <category><![CDATA[Robbery]]></category>
                
                
                
                <description><![CDATA[<p>On Wednesday November 18, a 29-year-old Downey police officer was shot to death while sitting in his own car. According to news reports at Fox News, Officer Ricardo “Ricky” Galvez, a former Marine, was in plain clothes and sitting in his own vehicle when two men ran up and opened fire on Galvez. News reports&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>On Wednesday November 18, a 29-year-old Downey police officer was <a href="/practice-areas/criminal-defense/homicide/" target="_blank" rel="noopener">shot to death</a> while sitting in his own car. According to news reports at Fox News, Officer Ricardo “Ricky” Galvez, a former Marine, was in plain clothes and sitting in his own vehicle when two men ran up and opened fire on Galvez.</p>


<p>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.</p>


<p>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.</p>


<p>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.</p>


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


<p>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.</p>


<p>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.</p>


<p>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.</p>


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                <title><![CDATA[Long Beach Man Arrested in Connection with July 4 Murder of Roommate]]></title>
                <link>https://www.justice-firm.com/blog/long-beach-man-arrested-in-connection-with-july-4-murder-of-roommate/</link>
                <guid isPermaLink="true">https://www.justice-firm.com/blog/long-beach-man-arrested-in-connection-with-july-4-murder-of-roommate/</guid>
                <dc:creator><![CDATA[The Justice Firm]]></dc:creator>
                <pubDate>Fri, 17 Jul 2015 12:58:50 GMT</pubDate>
                
                    <category><![CDATA[Homicide]]></category>
                
                    <category><![CDATA[Murder]]></category>
                
                
                    <category><![CDATA[felony murder]]></category>
                
                    <category><![CDATA[first-degree]]></category>
                
                    <category><![CDATA[homicide]]></category>
                
                    <category><![CDATA[stabbing]]></category>
                
                
                
                <description><![CDATA[<p>On Friday July 10, Long Beach Police Dept. detectives arrested a man in connection with the July 4th murder of 38-year-old Allen Estes who was found stabbed to death at Anaheim Street and Dawson Avenue. According to news sources, 24-year-old Norman Matthew Perdon, Estes’ former roommate, is accused of the killing. He is now facing&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>On Friday July 10, Long Beach Police Dept. detectives arrested a man in connection with the July 4th murder of 38-year-old Allen Estes who was found stabbed to death at Anaheim Street and Dawson Avenue. According to news sources, 24-year-old Norman Matthew Perdon, Estes’ former roommate, is accused of the killing. He is now facing murder and weapons charges.</p>


<p>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.</p>


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


<p><a href="/practice-areas/criminal-defense/murder/first-and-second-degree-murder/" target="_blank" rel="noopener">Murder is the most serious homicide offense</a> 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.</p>


<p>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.</p>


<p>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.</p>


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                <title><![CDATA[After 32 Years in Prison, Judge Orders Release of 74-year-old Los Angeles Woman Convicted of 1981 Murder]]></title>
                <link>https://www.justice-firm.com/blog/32-years-prison-judge-orders-release-74-year-old-los-angeles-woman-convicted-1981-murder/</link>
                <guid isPermaLink="true">https://www.justice-firm.com/blog/32-years-prison-judge-orders-release-74-year-old-los-angeles-woman-convicted-1981-murder/</guid>
                <dc:creator><![CDATA[The Justice Firm]]></dc:creator>
                <pubDate>Thu, 27 Mar 2014 18:21:48 GMT</pubDate>
                
                    <category><![CDATA[Murder]]></category>
                
                    <category><![CDATA[Voluntary Manslaughter]]></category>
                
                
                
                
                <description><![CDATA[<p>Mary Virginia Jones, a 74-year-old Los Angeles woman who has been incarcerated for 32 years in connection with a 1981 murder, was scheduled to be released from prison on March 25, according to a news article at CBS Los Angeles. A judge ruled on Monday that she would be released for a murder which was&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>Mary Virginia Jones, a 74-year-old Los Angeles woman who has been incarcerated for 32 years in connection with a 1981 murder, was scheduled to be released from prison on March 25, according to a news article at CBS Los Angeles.  A judge ruled on Monday that she would be released for a murder which was committed by her abusive boyfriend, Mose Willis, who died while on death row.</p>


<p>Jones was convicted in 1981 on charges of kidnapping, robbery, and first-degree murder in a shooting death related to dealing drugs, according to the report.  Law students at USC’s Post-Conviction Justice Project worked to free Jones, who they say would not have been found guilty had the jury been allowed to hear testimony on the effects of battered women’s syndrome, now known as “intimate partner battery.”  The project claims that Mose Willis, Jones’ boyfriend at the time, forced her to drive to an alley after he kidnapped two drug dealers; he then shot both, and one of the men died.  Supervising defense attorney Heidi Rummel, who is co-director of the USC justice project, said that Jones ran after Willis shot at the men, expecting that Willis would shoot her and possibly kill her, too.</p>


<p>One week before Willis shot at the two drug dealers, he allegedly shot at Jones’  daughter and threatened that if police were contacted, he would kill them both.  Jones said before Los Angeles Superior Court Judge William Ryan on Monday that she believed entering a <a href="http://www.justice-firm.com/lawyer-attorney-2257449.html" target="_blank" rel="noopener">no contest plea to voluntary manslaughter</a> was in her best interest in regards to getting out of custody, but that she did not participate in the crime willingly.  Judge Ryan gave her credit for time served, setting aside her convictions and ordering that she be set free.</p>


<p>The DA’s office agreed to Jones’ release in exchange for her plea of no contest to voluntary manslaughter; she had already served far beyond the 11 year maximum sentence for that offense.</p>


<p>Los Angeles criminal defense attorneys understand that there are often circumstances which lead to someone being charged with a serious or violent crime such as murder, when perhaps they are innocent or another charge would have been more suitable considering the facts.  Unfortunately, it appears that Mary Virginia Jones spent a substantial portion of her life behind bars mostly due to the fact that she had bad judgment in her choice of boyfriends, and perhaps feared for her life.</p>


<p>Anyone who is accused of murder, manslaughter, or any violent crime which may result in years or even life in prison should consult with a skilled and aggressive Los Angeles criminal defense lawyer immediately.  Even in the case of the most violent offenses, there are legal options and sound defense strategies which may work to help prevent a conviction or extremely harsh criminal penalties.</p>


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                <title><![CDATA[Fresno Gang Member Sentenced to Life Behind Bars in Death of 20-year-old Pregnant Woman]]></title>
                <link>https://www.justice-firm.com/blog/fresno-gang-member-sentenced-life-behind-bars-death-20-year-old-pregnant-woman/</link>
                <guid isPermaLink="true">https://www.justice-firm.com/blog/fresno-gang-member-sentenced-life-behind-bars-death-20-year-old-pregnant-woman/</guid>
                <dc:creator><![CDATA[The Justice Firm]]></dc:creator>
                <pubDate>Mon, 10 Mar 2014 18:47:24 GMT</pubDate>
                
                    <category><![CDATA[Homicide]]></category>
                
                    <category><![CDATA[Murder]]></category>
                
                
                
                
                <description><![CDATA[<p>On Wednesday March 5, 29-year-old Jose Angel Perez Jr. was sentenced to life in prison for his role in the death of 20-year-old Nath Ouch, who was eight months pregnant at the time she was gunned down in southeast Fresno in February of 2006. According to the Los Angeles Times, Ouch’s husband was so despondent&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>On Wednesday March 5, 29-year-old Jose Angel Perez Jr. was sentenced to life in prison for his role in the death of 20-year-old Nath Ouch, who was eight months pregnant at the time she was gunned down in southeast Fresno in February of 2006.  According to the Los Angeles Times, Ouch’s husband was so despondent over his wife’s death he took his own life a short time later.</p>


<p>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.</p>


<p>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.”</p>


<p>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.</p>


<p>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.</p>


<p>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.</p>


<p>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.</p>


<p>Anyone who is accused of <a href="http://www.justice-firm.com/lawyer-attorney-1668868.html" target="_blank" rel="noopener">taking someone else’s life</a> 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.</p>


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                <title><![CDATA[Shooter Targeting Motorists on Freeway Convicted of Attempted Murder, Other Charges]]></title>
                <link>https://www.justice-firm.com/blog/shooter-targeting-motorists-freeway-convicted-attempted-murder-charges/</link>
                <guid isPermaLink="true">https://www.justice-firm.com/blog/shooter-targeting-motorists-freeway-convicted-attempted-murder-charges/</guid>
                <dc:creator><![CDATA[The Justice Firm]]></dc:creator>
                <pubDate>Sat, 31 Aug 2013 00:04:01 GMT</pubDate>
                
                    <category><![CDATA[Attempted Murder]]></category>
                
                    <category><![CDATA[Murder]]></category>
                
                
                
                
                <description><![CDATA[<p>On Monday August 26, 26-year-old Enrique Ayon was convicted on charges of shooting at an occupied vehicle and premeditated attempted murder in a freeway shooting spree which left one man injured. Ayon allegedly targeted motorists between Del Mar and National City, also striking two vehicles in addition to injuring one victim; one of the vehicles&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>On Monday August 26, 26-year-old Enrique Ayon was convicted on charges of shooting at an occupied vehicle and <a href="http://www.justice-firm.com/lawyer-attorney-2191749.html">premeditated attempted murder</a> in a freeway shooting spree which left one man injured.  Ayon allegedly targeted motorists between Del Mar and National City, also striking two vehicles in addition to injuring one victim; one of the vehicles was an ambulance, according to news reports at CBS8.com.</p>


<p>The jury deliberated for 2 1/2 days before reaching a verdict.  Ayon was convicted of vandalism, misdemeanor hit-and-run, three counts of shooting at an occupied vehicle, and two counts of attempted murder.  A mistrial was declared by Judge Joan Weber on one count of discharging a firearm and a third attempted murder charge when jurors were deadlocked 11-1 for guilt.  On Tuesday, prosecutors were to attend a hearing to determine whether they would attempt to retry those charges.</p>


<p>Ayon is scheduled to be sentenced on October 25; he faces potential life in prison.</p>


<p>Attempted murder and other circumstances involving the firing of a gun or firearm are considered violent crimes in California.  Those who are accused of being involved in a shooting often face major criminal charges, and harsh penalties if convicted.  When charged with a serious or violent crime, it is essential to hire an attorney who can provide you with a strong, effective defense.  When your freedom and future are in jeopardy, it is important to have a Los Angeles criminal defense lawyer who is skilled, experienced, and aggressive.</p>


<p>Certain violent or serious felonies are also considered ‘strike’ offenses in California.  Basically, a conviction on a felony offense (attempted murder is such an offense) for someone with a prior ‘strike’ on his or her record can leave the defendant facing penalties which are twice, or double those normally given to someone convicted of that particular crime.</p>


<p>No one wants to spend a substantial portion or even their entire life behind prison bars.  Whether you are under investigation, have been arrested, or even charged with a serious felony offense such as attempted murder, take positive action on your own behalf by consulting with a seasoned criminal defense attorney who is dedicated to obtaining outstanding results.</p>


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                <title><![CDATA[30-year-old Honolulu Highway Shooter Gets 3 Consecutive Life Sentences]]></title>
                <link>https://www.justice-firm.com/blog/30-year-old-honolulu-highway-shooter-gets-3-consecutive-life-sentences/</link>
                <guid isPermaLink="true">https://www.justice-firm.com/blog/30-year-old-honolulu-highway-shooter-gets-3-consecutive-life-sentences/</guid>
                <dc:creator><![CDATA[The Justice Firm]]></dc:creator>
                <pubDate>Thu, 22 Aug 2013 23:40:04 GMT</pubDate>
                
                    <category><![CDATA[Murder]]></category>
                
                
                
                
                <description><![CDATA[<p>Toby Stangel, a 30-year-old man who suffered mental issues for most of his adult life according to his defense attorney, John Schum, was sentenced on Wednesday August 14 to three consecutive life terms in prison in connection with the murder of one motorist and attempted murder of two others. According to the Huffington Post, Stangel&hellip;</p>
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<p>Toby Stangel, a 30-year-old man who suffered mental issues for most of his adult life according to his defense attorney, John Schum, was sentenced on Wednesday  August 14 to three consecutive life terms in prison in connection with the murder of one motorist and attempted murder of two others.  According to the Huffington Post, Stangel had turned Honolulu highways into “killing zones.”</p>


<p>In May, Stangel was found guilty of second-degree murder along with other charges which were not revealed.  However, he was charged with one count of <a href="http://www.justice-firm.com/lawyer-attorney-2191749.html">first-degree attempted murder</a>, but jurors found him not guilty on the charge.  Stangel was found guilty of the murder of Tammy Nguyen, who he allegedly shot at an intersection in Honolulu in June of 2011.  Nguyen was driving a minivan as her 16-year-old daughter, one of ten children, witnessed the  murder.</p>


<p>After shooting Nguyen, Stangel was driving along the H-1 Freeway when he shot at two other motorists who were injured.  He continued to drive on and came upon two police officers who were giving tickets to motorists who had been racing, and fired at the officers.  The news article does not reveal the extent of the injuries suffered by the two motorists.</p>


<p>Stangel’s attorney claims his client used drugs frequently to quiet the voices he would hear in his head; these voices allegedly told Stangel it was either kill or be killed.  He went on to say that the night of the shootings, his mind was telling him his life was in jeopardy.  Stangel told the court that he was “trying his best,” and trying to be a good role model.  Stangel said that he is living for Jesus Christ, and is a changed man.  His father is a pastor.</p>


<p>Murder and attempted murder in California are extremely serious charges.  As experienced Los Angeles murder defense lawyers, we have to wonder if Stangel had any prior criminal convictions, or what caused him to “snap” in this particular instance.  Had he had treatment for his mental issues in the past, and what medications was he taking to “quiet” the voices in his head?  There are many factors that must be considered when representing a client accused of murder, attempted murder, homicide, or any violent/serious crime.</p>


<p>As is demonstrated in this case by Stangel being given a sentence of three consecutive life terms, the consequences of a crime of this nature are life-changing.  If you are under suspicion or have been arrested for a violent crime, consult with a seasoned Los Angeles criminal defense attorney immediately.</p>


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                <title><![CDATA[Two Dead, One Injured at East Oakland Birthday Party]]></title>
                <link>https://www.justice-firm.com/blog/two-dead-one-injured-at-east-oakland-birthday-party/</link>
                <guid isPermaLink="true">https://www.justice-firm.com/blog/two-dead-one-injured-at-east-oakland-birthday-party/</guid>
                <dc:creator><![CDATA[The Justice Firm]]></dc:creator>
                <pubDate>Wed, 21 Aug 2013 00:43:30 GMT</pubDate>
                
                    <category><![CDATA[Homicide]]></category>
                
                    <category><![CDATA[Murder]]></category>
                
                
                
                
                <description><![CDATA[<p>On Friday, August 16 a birthday party was being held at an East Oakland home for an individual who was not named in news reports at Insidebayarea.com. Late that evening, two people lost their lives and another was injured after shots rang out just after 11 p.m. Police said that two men were killed, and&hellip;</p>
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<p>On Friday, August 16 a birthday party was being held at an East Oakland home for an individual who was not named in news reports at Insidebayarea.com.  Late that evening, two people lost their lives and another was injured after shots rang out just after 11 p.m.  Police said that two men were killed, and one man wounded in the shooting.</p>


<p>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.</p>


<p>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.</p>


<p>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.</p>


<p><a href="/">Los Angeles homicide defense attorneys</a> 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.</p>


<p>If you or someone you know has been accused of <a href="http://www.justice-firm.com/lawyer-attorney-1668870.html">homicide</a>, 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.</p>


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