Posts Tagged ‘california criminal defense attorneys’

Burglary Suspect Falls Through Ceiling and is Apprehended by Police – California Penal Code Section 459

Friday, September 17th, 2010

As reported by KTLA.com, a burglary suspect in Pico Rivera was apprehended by L.A. County Sheriff’s deputies when he fell through the ceiling of a jewelry store and landed at their feet.

Sheriff’s deputies arrived at a boot repair shop on Whittier Boulevard in response to a burglar alarm that was triggered at approximately 6 a.m. on Saturday.

Upon arrival, the deputies noticed that a hole had been cut into the wall leading into a jewelry repair shop next door. With the aid of police dogs, the deputies also heard noises coming from the ceiling.

After demanding that the suspect come out, the deputies resorted to using pepper spray to force 23-year-old Jose Parada from the attic space in the ceiling. To avoid the spray, Parada attempted to crawl across the attic space and fell through the ceiling and landed at the feet of the deputies.

Under California Penal Code Section 459, a burglary occurs when a person enters a structure with the intent to commit a felony or theft once he/she is inside.

In California PC 459 offense is categorized as either first degree or second degree burglary. First degree burglary is commonly referred to as “residential burglary” and is the more serious offense, which brings with it penalties including imprisonment for up to six years in state prison and a maximum fine of $10,000. A conviction for second degree burglary, or “commercial burglary,” may bring with it punishments that range from up to one year in county jail to three years in state prison. The primary difference between first degree and second degree burglary is the question of whether the invaded structure was inhabited at the time of the burglary. A structure is considered inhabited if it is being occupied as a living space or sleeping quarters.

If you are facing burglary charges, the legal repercussions can be costly, so it is very important that you contact an experienced criminal defense attorney. At Wallin & Klarich, our Southern California robbery attorneys have over 30 years of experience in handling burglary cases. We will fight to ensure the best possible results for you in your case. Call us today at 888-764-2615 or visit us online at www.wklaw.com. We will be there for you when you call.

The Court has to Determine that the Circumstances Have Sufficiently Changed in Order to Grant a Request to Terminate Domestic Violence Restraining Order

Wednesday, August 18th, 2010

In Loeffler v. Medina, the court denied an application to terminate a domestic violence restraining order because it found that the circumstances had not sufficiently changed. In this case, the parties were in a relationship from 1995 to 2001.  In April 2001, the trial court issued a restraining order against Medina because of his behavior [...]

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Lance Armstrong Being Investigated by Federal Authorities

Wednesday, August 11th, 2010

Tour De France Champion Lance Armstrong is currently being investigated by federal authorities for possible fraud and doping charges.  The investigators are probing whether Armstrong misappropriated money given by team sponsor United States Postal Service from 2002-2004 to establish a doping program. The investigation started when Armstrong’s former teammate, Floyd Landis, publicly accused Armstrong of [...]

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How A Certificate of Rehabilitation Can Stop Sex Offender Registration And How An Experienced Southern California Sex Crimes Attorney Can Help You – California Penal Code Section 288

Tuesday, August 10th, 2010

Sex offenders have not only been the top stories of most local news broadcasts, but due to recent crimes in California, sex offenders are now a topic of interest in the White House.  President Obama recently announced that he will make sure the Adam Walsh Child Protection And Safety Act is adequately  funded.  The Adam [...]

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Actress Halle Berry’s House Vandalized with Face of Ghandi – California Penal Code Section 594

Monday, August 2nd, 2010

It was reported on TMZ, that actress Halle Berry’s house was vandalized. Berry found a picture of Mahatma Ghandi tagged on her front gate. Berry notified the authorities and there are no suspects so far. Painting the face of Ghandi on someone’s fence may be lighthearted, but it is still considered vandalism. Under California Penal [...]

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NYFD EMT Arrested on Sexual Assault Charges – California Penal Code 269

Friday, July 30th, 2010

According to CNN, a New York City Fire Department emergency medical technician has recently been arrested and charged with armed sexual assaults, including sodomizing an 11-year-old in an elevator. Angus Pascall, 33, was charged in connection with five sexual assaults. Two of the victims were minors, including the 11-year-old girl. The other was a 14-year-old [...]

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The Government Does Not Need A Warrant To Search My Space and Face Book Accounts

Wednesday, July 28th, 2010

Have you ever imagined that your email account can be viewed without your permission? What about your phone records? Do you think that the government must obtain a warrant before seeking to search those records? Well, you are wrong. Under the current version of the federal Electronic Communications Privacy Act (ECPA) that is supposed to [...]

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CRIMINALLY PUNISHING BULLIES: THE PUBLIC OVERREACTION TO SCHOOL BULLYING

Friday, July 23rd, 2010

Recent news stories have incited an outcry against bullying and its destructive consequences. The events of Colombine High School illustrated the intense psychological damage to the victims of bullying and the tragedy that can ensue when victims react. In the Internet age, the term cyber-bullying has been coined to describe the new ways bullies taunt, [...]

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Miranda Warnings: What Is It And When Should Police Give Them?

Thursday, July 22nd, 2010

This is a warning given by law enforcement to a criminal suspect in police custody, or custodial situation, prior to being questioned by the officers. A custodial situation is one where a person’s freedom of movement is restrained and a reasonable person would not feel free to leave the situation. Some times officers will indicate [...]

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CALIFORNIA APPEALS COURT HOLDS THAT A SCHOOL SECURITY OFFICER IS NOT A “PUBLIC OFFICER” IN JUVENILE CRIMINAL CASE

Tuesday, July 20th, 2010

A campus security officer at a California high school received a report of vandalism and pursued a group of students he suspected were involved in the vandalism. While pursing the group of students the security officer yelled for a particular student, M, to stop. The security guard yelled to M by name to stop many [...]

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