What Is Assault With a Deadly Weapon?

Posted on December 15, 2014 by Simon Aval

California law defines Assault With a Deadly Weapon (ADW) as an assault on another individual committed with a deadly weapon or with a force that is likely to result in serious bodily harm. The penalties associated with an ADW charge can be serious and can significantly affect all aspects of your life.

If you or a loved one has been charged with an Assault With a Deadly Weapon, it is imperative that you immediately consult an experienced Los Angeles criminal defense attorney to protect your legal rights.

Defining “Deadly Weapon”

Despite what most Californians think, you do not need to possess a “deadly weapon” in order to be arrested for ADW. In fact, most people are shocked as to how they can possibly be charged with this crime when they had no weapon. The truth is that something as seemingly innocent as a bottle can be considered a weapon.

The law defines a “deadly weapon” as any object that can cause serious bodily harm or death. So, using the example of the bottle, if you hit another person hard enough on the head with a bottle, it can cause serious injuries. The District Attorney can charge you with ADW, alleging the bottle was the deadly weapon.

Consequences of ADW Charges

An assault with a deadly weapon is known as a “wobbler” because the prosecutor has the option of filing it either as a misdemeanor or a felony, depending upon the circumstances of the crime. In deciding how to file the ADW, the prosecutor will look at three important factors:

What type of weapon was allegedly used;
Whether the victim sustained injuries
The status of the victim (whether the victim was a police officer, firefighter or any other “protected” government individual)

Call an Experienced Los Angeles Criminal Defense Attorney

For more information or to schedule a complimentary consultation with Los Angeles criminal defense attorney Simon Aval, please call us at (800) 209-9808 or complete our online form. Mr. Aval is a Certified Specialist in criminal law by the state bar of California. Continue reading →

The Importance of Bail When Allegedly Charged With a Crime

Posted on November 24, 2014 by Simon Aval

If you or a loved one has been arrested for allegedly committing a crime, you may be released on bail if certain criteria are met. To ensure that your bail is set at a reasonable amount by the judge, it is in your best interest to immediately contact a Los Angeles criminal defense lawyer. Your attorney can even help you get in touch with a bail bond agency.

What Is Bail?

Bail is the means by which a judge permits your release from custody if you have been allegedly charged with a crime by ensuring that you appear at all required court proceedings. Once you are arrested for allegedly committing a crime, you will be taken to a detention facility. Prior to arraignment, you will have an opportunity to hire a Los Angeles criminal defense lawyer and appear before the presiding judge to see if you can be released on bail.

Stationhouse Bail

If you have committed a minor offense, the arresting officer has the authority to release you on minimal bail. However, stationhouse bails are not available in all jurisdictions, forcing most individuals to appear in court for a bail hearing.

Bail Bond Agencies

If you are unable to meet bail, your attorney can help you contact bail bond agencies to post a cash bail for a set fee. Once you have contacted the right bail bond agency for your circumstances, they can quickly arrange to post bail and have you released from detention.

It should be noted that involving a bail bond agency could get expensive. One disadvantage is that you will not get a refund of the substantial fees paid to the agency to post bail. Additionally, you also risk dealing with a bounty hunter who will do everything possible to arrest you if fail to appear in court. The court gives bounty hunters the freedom to arrest a fleeing defendant without process and turn them into the court’s custody without any hearing or protection.

Call an Experienced Los Angeles Criminal Defense Lawyer

For more information or to schedule a complimentary consultation with Los Angeles criminal defense lawyer Simon Aval, please call us at (800) 209-9808 or complete our online form. Mr. Aval is a Certified Specialist in criminal law by the state bar of California.

How to Prepare For Sentencing

Posted on November 21, 2014 by Simon Aval

Getting convicted of a crime can be devastating. In certain situations, a conviction is unavoidable, even if you have hired the most experienced Los Angeles criminal defense attorney. However, a good attorney can make the sentencing process less frightful by getting you prepared for the process and what lies ahead.

Lawyer And The Law

There are various factors that your criminal defense attorney may take into consideration when preparing your case for sentencing.

Place of Incarceration

Where you are sent for incarceration can play a big factor in how your sentence is completed. One of the reasons for this is where you serve your sentence can determine how much security you will be subject to and how much discipline you will face. Additionally, each facility houses inmates convicted for different crimes, thus exposing you to different levels of danger. As such, your Los Angeles criminal defense attorney should ask the judge to assign you to a facility with the lowest security level possible.

Self-Reporting

After sentencing, most criminal defense lawyers advise their clients to self-report to prison. If you choose to do so, you will have to pay for your own travel to your assigned prison facility at your own cost and time. This may be worth the cost because it demonstrates to the court that you are trustworthy, which may ultimately lower your inmate security classification.

Books and Legal Documents

You will not be allowed to bring any books or legal documents to prison. Your Los Angeles criminal defense attorney can help you arrange to have these items mailed to wherever you will be incarcerated.

Visitors

Generally, it is difficult to arrange for visitors while serving a prison sentence. As such, you should ask your attorney to compile a pre-sentence report list of your immediate family members and spouse for an easier visiting process.

Call an Experienced Los Angeles Criminal Defense Attorney

For more information or to schedule a complimentary consultation with Los Angeles criminal defense attorney Simon Aval, please call us at (800) 209-9808 or complete our online form. Mr. Aval is a Certified Specialist in criminal law by the state bar of California.

How a Criminal Attorney Can Help During Police Investigation

Posted on November 19, 2014 by Simon Aval

If are involved in a police investigation regarding allegations of criminal activity, it is important that you are represented by an experienced Los Angeles criminal defense attorney to protect your legal rights and help avoid having formal charges filed against you.

Police Officers On Duty

3 Reasons You Need a Criminal Attorney

Below is a discussion of the three most important reasons why you need a criminal attorney on your side during ongoing police investigations:

An attorney can act as a witness and prevent the police from abusing your constitutional rights during an investigation.
An attorney can ensure that the investigation is not intrusive, making it less likely to result in incriminating evidence.
The presence of an attorney can prevent you from incriminating yourself by blurting admissions or falsifying evidence.

A police investigation can last for weeks or even months without any new information or contact. Depending on the allegations against you, criminal charges can be filed up to one year or as long as six years after the completion of the investigation.

Additionally, since police investigations for certain criminal activities do not have a statute of limitations, charges can be filed 20 or 30 years later. However, if you have an experienced Los Angeles criminal defense attorney on your side, you can be confident that your legal rights are protected and that you are not subject to unfair legal practices.

Your Legal Rights When Facing Criminal Charges

If the police investigation leads to criminal charges, you are entitled to certain rights, including:

To be represented by an attorney
To have a speedy, public trial
To remain silent
To testify in your own defense
To appeal the denial of a suppression motion

Call an Experienced Los Angeles Criminal Defense Attorney

The Important Factors That Help Set Bail

Posted on October 31, 2014 by Simon Aval

A judge or magistrate sets bail to ensure that the suspect will return to court when ordered to appear. Bail can be made in the form of cash, property, or a bond. The court will keep the bail if the suspect fails to appear in court when ordered.

Many factors are taken into consideration when the judge or magistrate determines the amount of bail. This article discusses the four important factors that help set bail.

The 4 Important Factors of Setting Bail

The four important and common factors that judges generally consider when setting a defendant’s bail include:

The amount should be sufficiently high to give reasonable assurance that the suspect will attend all court scheduled appearances and comply with all of the conditions of the set bail.
Reviewing the nature of the offense and the circumstances under which the alleged crime was committed.
The ability of the suspect to make bail, provided the suspect or his or her criminal defense attorney provides sufficient proof of the funds.
The future safety of the victim of the alleged offense and the community as a whole is also a big factor is setting bail.

Most importantly, the judge will also consider the suspect’s criminal history, employment history, financial assets and ties to the community.

Your Criminal Defense Attorney’s Role

In advocating your release on bail, your criminal defense attorney will try to convince the judge that:

The chances of a conviction are not high
Your reliability and ties in the community make you an unlikely candidate to flee while on bail
The alleged offense is not a serious crime

Call an Experienced Los Angeles Criminal Defense Attorney

California’s Domestic Violence Charges: Penalties & Consequences

Posted on October 27, 2014 by Simon Aval

A domestic violence conviction accompanies serious offenses under California law. If you or a loved one has been charged with domestic violence, you should consult with a criminal defense attorney who specializes in domestic violence charges to protect your legal rights and put together the best defense to dismiss the charges against you.

Felony v. Misdemeanor

In California, a domestic violence crime can be charged as either a misdemeanor or a felony. This decision is at the discretion of the prosecutor who is assigned to the case. The resulting consequences and penalties will depend on whether the prosecutor decides to charge you with a felony or a misdemeanor domestic violence.

While neither charge is good news, a misdemeanor charge certainly accompanies less severe penalties and consequences.

Misdemeanor Penalties

Penalties for a misdemeanor domestic violence charge can include:

52 hours of domestic violence counseling
40 hours of community service
No contact order with the victim
Heavy fines
A maximum of 6 months in jail

Felony Penalties

Penalties for a felony domestic violence charge can include:

52 hours of domestic violence counseling
40 hours of community service
No contact order with the victim
Heavy fines
A minimum of 3 months up to a maximum of 3 years in prison

Regardless of whether you are charged with a misdemeanor or felony domestic violence, the resulting penalties are harsh and can impact all aspects of your life. To protect your legal rights and ensure that you have the best legal defense, you should hire an experienced attorney who will aggressively fight for you.

Call an Experienced Los Angeles Domestic Violence Attorney

For more information or to schedule a complimentary consultation with Los Angeles domestic violence attorney Simon Aval, please call us at (800) 209-9808 or complete our online form. Mr. Aval is a Certified Specialist in criminal law by the state bar of California.

Do I Need to Hire a Criminal Defense Attorney If No Charges Have Been Filed?

Posted on October 24, 2014 by Simon Aval

You were arrested, but no charges have been filed. You may think that hiring a criminal defense attorney at this “pre-filing” stage or “investigation” stage is not necessary.

On the contrary, hiring an attorney is very important at this stage because critical decisions are being made about your case. Having the right criminal defense attorney can mean the difference between the District Attorney filing formal charges or the announcement that the case has been dropped against you.

What Happens At the “Pre-Filing” Stage?

At the “pre-filing” stage, the police agency that arrested you needs to do a thorough investigation. Upon the completion of their investigation, your case is turned over to the District Attorney for consideration of filing formal charges.

Although some attorneys prefer a “wait and see” tactic at this critical stage, the more aggressive criminal defense attorneys take a more proactive approach to prevent the detectives from gaining damaging statements, information and other data about your case. In addition, by hiring the right criminal defense attorney, you can also provide the district attorney with positive information about your side of the story that may tip the district attorney into dropping the case. The bottom line is that it is never too early to hire a good criminal defense attorney to protect your legal rights and prevent the filing of formal charges against you.

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How to Help Your Criminal Defense Attorney

Posted on October 20, 2014 by Simon Aval

You were arrested for a criminal offense. You made the smart decision to hire an experienced criminal defense attorney to protect your legal rights and provide you with the best defense possible. However, it is important to note that even the best attorney will still need the help of his or her client to prepare a successful defense strategy.

Below are some important steps you should consider to help your criminal defense attorney:

Do not talk to the police. You have the constitutional right to remain silent. While you may think that you have nothing to lose by telling your side of the story, nothing could be more devastating to your case. The only thing you will do by telling your story is to help the police build a stronger case against you.
Do not talk to anyone. This means you should not even talk to your parents, spouse, siblings or friends. The best policy is not to talk to anyone about your case except to your lawyer.
Tell your attorney the whole truth. Your attorney is only as good as the information you provide him or her. The bottom line is that your attorney needs to know every fact, whether you think it is relevant to your case or damaging.
Ask questions when you don’t understand. A good criminal defense attorney will never think your questions are stupid. Moreover, attorneys prefer a client who understands what is going on with the case, as opposed to those who don’t.
Keep in contact with your attorney. It is important that you keep all appointments with your attorney and that you notify your attorney if you move.

Call an Experienced Los Angeles Criminal Defense Attorney

California Sex Crimes: Sex Offender Registration

Posted on October 17, 2014 by Simon Aval

Being accused and convicted of a sex crime in the State of California can entail serious penalties. One of the most devastating consequences is having to register as a sex offender under the Sex Offender Registration Act.

To avoid this life shattering consequence, it is imperative that you immediately consult with a Los Angeles sex crime attorney to protect your legal right and obtain the best defense possible. A good criminal defense attorney, who focuses his practice on sex offenses, will know the most effective defenses to prevent a conviction.

Duties Under California’s Penal Code 290

Under California Penal Code 290, also known as the Sex Offender Registration Act, you are required to register as a sex offender for the rest of your life as long as you live, work or attend a school in California. Upon conviction, you are required to inform local law enforcement agency as to your general whereabouts.

California Sex Offenses That Require Registration Under Penal Code 290

If you are convicted of any of the following sex offenses in California, you will be required to register as a sex offender under Penal Code 290:

Most acts involving minors
Most acts involving rape and sexual batter
Indecent exposure

This is not an exhaustive list of the California sex offenses that will subject you to a Penal Code 290 registration. It should also be noted that a judge can order you to register as a sex offender for any offense, even if it is not listed in the Sex Offender Registration Act, as long as the judge believes that you acted on a sexual compulsion or for your own sexual gratification.

Call an Experienced Los Angeles Sex Crimes Attorney

For more information or to schedule a complimentary consultation with Los Angeles sex crimes attorney Simon Aval, please call us at (800) 209-9808 or complete our online form. Mr. Aval is a Certified Specialist in criminal law by the state bar of California.

Consequences of a Violent Crime Accusation

Posted on October 13, 2014 by Simon Aval

Being accused of any crime can have serious consequences on all aspects of your life. However, getting accused of committing a crime related to violence can be even more devastating and complicated because these types of crimes may or may not involve actual physical injury.

If you or someone you love is accused of committing a violent crime, it is imperative that you quickly consult an experienced Los Angeles violent crime defense attorney to protect your legal rights.

What Is a Violent Crime?

A violent crime is a crime in which the accused used or threatened force upon the victim. A violent crime can entail both crimes where the act is the objective, such as a murder, as well as crimes where the violence is the means to the end, such as a burglary.

The Collateral Consequences

Accusations of committing a crime of violence can quickly trigger negative consequences that can be devastating to your life. In addition to a prison sentence, being accused or convicted of a violent crime can have personal, professional and social consequences. Common consequences include:

Arrest
Restraining orders
Loss of employment
Leverage in child custody cases or business disputes

Most violent crimes are often unfounded allegations that are fabricated to obtain influence and control in another case by the victim. It is not uncommon for the “victim” to embellish the facts in his or her favor and paint a picture that is more negative than the actual event. However, regardless of whether the victim is embellishing the facts or telling the truth, once you are arrested, the damage is already done. As such, it is important that you immediately consult an attorney to protect your rights.

Call an Experienced Los Angeles Violent Crimes Defense Attorney

For more information or to schedule a complimentary consultation with Los Angeles violent crimes attorney Simon Aval, please call us at (800) 209-9808 or complete our online form. Mr. Aval is a Certified Specialist in criminal law by the state bar of California.