Man in Anaheim is Arrested for Allegedly Robbing Girlfriend’s Elderly Grandmother

grandmother with glasses

An Anaheim man was recently arrested and accused of robbing his girlfriends’ 82-year-old mother in her home. According to the police statement, the accused took “several jewelry items and coins” in addition to ransacking the home. While robbery is not a new notion, the thought that someone would A) rob their girlfriends mother, and B) rob an elderly person is not so taboo anymore. These crimes are occurring at increasing rates, which should be alarming to the public. However, just because someone is accused and arrested does not always mean that they are guilty, or that they will be going to jail.

Is Davy Guilty?

Thankfully, guilt cannot be accessed via a short investigation or by skimming through an online article. If the California court system were anything like the “court of public opinion”, there would be a lot more cases of false imprisonments, which would lead to overall distrust of the judicial system. Luckily, our system works based upon facts, theories, and the ultimate decision of a judge or jury of one’s peers. While of course the victim’s identification is relevant, prosecutors will surely present other evidence, pointing toward Mr. Davy’s guilt. On the flipside, the defense could easily argue that he was familiar with the home, and more than likely had been in the home before, which would explain any DNA or fingerprint evidence in the home. Regardless of what is argued, the simple fact is that we do not know what evidence will or will not be shown. This is why the “court of public opinion” is often a disservice to the wrongfully accused. Mr. Davy was also serving probation at the time of the crime; however, this should not make someone automatically assume that he is guilty. Just because someone breaks the law one time does not mean that they constantly do it.

What Are The Penalties?

Every area has their own guidelines and penalties for robbery, and Orange County is not different. California Penal Code 211 has two different guidelines for robbery: First and second degree. A first-degree robbery conviction is punishable by 3 to 6 years in state prison, while a second-degree robbery conviction is punishable by two to five years. Other issues can also increase the time of a prison sentence. If a firearm is brandished in the commission of a felony, the prison sentence can be lengthened by 10 years. If the defendant intentionally shoots a firearm during the crime, their prison sentence could be prolonged for as much as 20 years in state prison. If the victim suffers great bodily harm during the crime, without the use of a firearm, the sentence could be lengthened by up to 6 years in prison. However, judges ultimately have the sentencing decision, which is often based on history (i.e. where Mr. Davy’s probation violation comes into play).

What Options Do Defendants Have?

It really depends on the overall situation what options robbery defendants have. Of course, your best defense is to have experienced and knowledgeable representation. It is best to locate an attorney who has dealt with cases similar to yours. While it is nice to hear an attorney say that you will be 100% acquitted, you also need to be informed of the reality that there are no guarantees. You need to know what types of punishment and restitution you will be facing, if it comes to it. It is always better to be prepared. It is also a good idea to ask the outcomes of other cases that your prospective attorney has dealt with that are similar to yours. Of course, no two cases are exactly alike, but, as with the case of Mr. Davy, if you were on probation at the time of the crime, it is a good idea to secure an attorney who has experience gaining an alternative form of punishment instead of a jail term.

As far as a probation violation goes, there are alternate methods of punishment, with the most common being house arrest. Many factors can play into any reduction, or alternative sentence, whether it is a probation violation or something else. In California, as with many other states, state prisons are over-crowded, and many non-violent offenders do not serve their entire sentence behind bars. If you have otherwise been a decent person, i.e., no crime record and hold a steady job, you may be eligible for the more lenient end of a sentence, with a nice chunk of it being on house arrest, monitored probation, or other arrangements which the judge may deem fit. In addition, life situations may also affect your chances of having a more lenient sentence. For instance, a crime that was committed under the influence of drugs may help you get into a drug rehabilitation program. This does not always work; however, an experienced attorney can help you gauge what your best options are.

Only time will tell what type of sentence Mr. Davy will receive if he is convicted. However, if your case is similar, do not compare it. What yours is may vary from Mr. Davy’s, even if the circumstances are similar. Each judge and prosecutor have their own viewpoints on crime; some are more lenient toward first offenders, and possibly forgiving to remorseful repeat offenders, while some are not, and deem that everyone should be sentenced to the maximum, regardless of their circumstances. It is always wise to keep an open mind, and consider all of your options before hiring an attorney, as your future is at stake.

Assistance for Southern California Robbery Defendants

If you are facing robbery charges in Los Angeles, Orange County, San Diego, or Riverside, you qualify for a free confidential consultation from a skilled lawyer with no obligation to retain their services. Call our firm at (888) 250-2865 to take advantage.

Jail Sentencing for Assault on a Minor

Guy in Jail for assault

There are three forms of assault that can be punishable in a court of a law: common assault, criminal assault, or aggravated assault. Common assault is almost any behavior that can be judged as offensive or threatening, which is done with the volition to harm someone else but fails in physical harm. For instance, if you try to hit someone with a punch, a kick, or an object and miss, you have committed a common attack against them. Even though no physical harm was done, the failure to commit a criminal attack may still be prosecuted as a common one. Criminal assault is associated with battery and is harmful, physical contact, which has resulted in another person’s injury. For instance, punching, kicking, or using an object whether by striking or throwing are forms of battery as long as the victim has been physically harmed. Aggravated assault is where the offender uses a foreign object as a weapon and injures his or her victim severely, which goes beyond the normalcy of a common criminal strike. Continue reading

American banker arrested

Statute of Limitations for White Collar Crime

A statute of limitation is the time allowed for prosecutors to lay a charge against someone who is accused of committing a criminal offense. The period normally runs from the point at which the alleged offense has been disclosed or discovered. This period varies depending on the category of offense as well as the jurisdiction involved. California’s statutes of limitation for criminal charges are not exactly the same as other states and also differ from those of the federal government.

Statutes of limitation allocated for white collar offenses are particularly complex, partly because of the heterogeneous nature of the offense itself. Some of the more heinous offenses, including murder (which is not one of these offenses) and embezzlement of public funds (which is one of these offenses) do not have any statute of limitations at all. This means that whenever an individual is alleged to have committed an offense there is no time limit on them for being prosecuted.

Most white collar crimes have a statute of limitations between 1 and 10 years. Generally, the less severe the alleged offense means the shorter the time period allowed for prosecutors to act. Continue reading

Difference Between Corporal Injury and Battery

Open law book with a gavel on top

If you or someone you know has been charged with anything related to domestic violence, there is a high probability that those charges are either corporal injury on an intimate partner or a spousal battery. A spousal battery is also called a domestic battery.  A corporal injury and a spousal battery are the most common domestic abuse charges. Despite having a few similarities, the crimes of a corporal injury and a spousal battery have a few distinguished differences that greatly affect the ways in which defendants are prosecuted and defended.

What is a Corporal Injury on an Intimate Partner?

Penal Code 273.5 PC governs a corporal injury to an intimate partner (CIIP). The crime may also be referred to as a spousal abuse, domestic abuse, domestic violence, and a willful or intentional infliction of CIIP. Continue reading

Qualifications for Expungement in California

Judge Sitting With Book Looking at Defendant

A mistake in judgment that you made years ago can have far-reaching effects, including your ability to get the job that you want, obtain some professional licenses, or rent a home.  Even though California criminal records are a matter of public record, an individual would need to know where to look for these files and take the time to look through thousands of court records in each county to find your records.

However, electronic indexing has made it much easier for individuals and companies to obtain copies of your records.  Companies index court records into large databases that are easy to search by name, address, date of birth or any other relevant information that can be found in a court record.  Potential employers and landlords then pay these research companies for a background report to determine if you have any outstanding warrants or past felonies or misdemeanors.

Fortunately, having your record expunged is often possible.  An expungement allows an individual or their attorney to petition the court to reopen his or her case so that they may enter a plea of “not guilty” and have the case dismissed.  A MacGregor & Collins, LLP expungement attorney will make the process easier because they are familiar with the process and know exactly what information and forms will be required to expunge your record in California.

The benefits of obtaining an expungement include preventing potential employers from discriminating against you for a job and allowing you to apply for professional licenses or rental agreements without the fear of your past mistakes coming back to haunt you. Continue reading

Will a DUI Show Up on My Background Check?

Criminal background check

Facing a DUI charge is a serious matter that leaves most individuals wishing they had used different judgment before getting behind the wheel.  Despite the initial fear that follows an arrest, having a drunk driving charge does not have to be the end of the world.  An experienced attorney can help you resolve a drunk driving charge so that you can get on with your life.  Once you pay the penalty for driving while intoxicated, that should be the end of the story and no one should hold that against you.

Unfortunately for some, their drunk driving charge does not stop affecting them after their case has been resolved. For those with little to no knowledge about the subject, legitimate concerns keep them from applying for certain jobs or pursuing certain opportunities. Their drunk driving offense becomes a horrible fear that restricts their upward mobility. Finding out whether an offense can be found during a background check becomes a matter of supreme importance. Continue reading

Availability of House Arrest for a 3rd DUI in California

electronic tagging on ankle

While the majority of the population will never know what it is like to be arrested for driving under the influence, there are a number of others who will receive a 1st, 2nd, 3rd, or even 4th conviction for this offense. For many repeat offenders, alcoholism or other personal problems inhibit their ability to stay sober behind the wheel, and it can have devastating results on their personal life, their employment, and the general safety of themselves and those around them.

When referring to 3rd offenses specifically, defendants often ask me whether they will serve jail time. Many hope that the answer is no and that they could instead be sentenced to house arrest. While it seems like a longshot that a 3rd DUI offender can be sentenced to home confinement, with help from a DUI attorney, some defendants have been successful in doing so. Continue reading

What You Can Expect for Violating Probation

Teen arrested

Before we start to discuss the penalties for violating probation terms, we should first know what probation is, what types of probation exist under California law, and what terms and conditions of probation you are required to comply with.  Probation is a penalty imposed on a convicted offender that uses various means of court supervision instead of confinement. Probation is a better alternative to prison or jail time, but those who fail to stay in compliance face serious penalties.  What penalties you will face depend upon a number of different factors, but are largely affected by whether your probation is formal or informal. Continue reading

Criminal Law Attorney Explained

Man confused about lawFor some, the question what is a criminal law attorney may seem to have a simple answer, but as is the case with almost anything having to do with law, the in-depth answer is different depending upon a number of different circumstances.

The obvious answer is that a criminal law lawyer is the same as a criminal defense lawyer, at least in most cases. The term itself is not one that is used in court documents, nor would you be likely to hear it spoken in a court, but is a commonly used phrase by the general public.

Although different lawyers will provide you with completely different services and customer service experiences, there are some things that should remain constant regardless of your circumstance. Continue reading

Newport Beach Mechanic Found Guilty Of Sexual Assault and Burglary in the OC

GuiltyTravis Dewayne Batten, a 31-year-old mechanic employed by Newport Beach Fletcher Jones, was recently convicted for multiple counts of sexual assault. An Orange County Jury found him guilty of kidnapping to commit a sexual offense, sexual penetration by a foreign object by force, assault with the intention of committing a sexual offense during the course of a burglary, as well as sodomy by force.

Batten’s sentencing is scheduled for May 23rd, 2014. If the court so chooses, he could be ordered to serve 120 years to life in a California state prison. He was convicted for his actions arising from two separate burglaries and assaults, one which occurred in Newport Beach and another in Irvine between May 20, 2005 and November 30, 2006. Continue reading