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Sacramento Domestic Violence

Sacramento Domestic Violence

A 36 year old Sacramento man was arrested for allegedly killing his 9 year old son with a hatchet while his son was sleeping on a couch.  Police were called to the scene of a North Sacramento home on Tuesday, February 26, 2013, where they found the victim dead. According to police, another resident of the home heard glass shatter and found the victim. The accused has served time in prison for domestic violence, and was involved in a bitter custody battle with the child’s mother. He is being held in jail and will be arraigned on Friday March 1, 2013.

 

California Domestic Violence Laws

Domestic violence incidents involve an assault, battery, sexual assault, stalking, kidnapping, false imprisonment or any physical injury or death committed by an individual against a spouse or former spouse, family member or relative, person they are currently having a relationship with or have had a past relationship with, or someone living in the same house. You could face felony domestic violence charges, a misdemeanor battery charge or a murder charge if you kill the victim. Under California penal code Section 422, even making a threat to harm a victim is also considered a domestic violence crime.

Sentencing and Penalties

A conviction for a misdemeanor domestic violence offense means you could face a minimum 30 day jail sentence and/or community service as well as having to attend a mandatory 52 week batter’s class. You could receive one year in county jail or two to four years in state prison and/or a fine up to $6,000 for a felony domestic violence conviction. For a murder conviction, you could face 15 years to life in a California state prison or life without the possibility of parole or the death penalty.  Under California’s three strikes law, you could receive a mandatory 25 years to life prison sentence if you are convicted in California of three felony crimes.

Sacramento Domestic Violence Attorney

If you have been arrested for a domestic violence offense or murder in Sacramento, you will need the expertise of an experienced Sacramento domestic violence attorney to help you fight your charges. At Imhoff & Associates-Criminal Attorneys, we understand the seriousness of such charges and the impact a conviction can have on your life and your family.  A good domestic violence criminal defense attorney will investigate the evidence against you, interview witness and negotiate with the prosecutor to either get your charges reduced to a lesser crime, get your alternative sentencing or get your charges dismissed, depending on your case situation.

 

 

 

 

 

Domestic Violence not Hate Crime

Domestic Violence not Hate Crime

Eight months of investigation regarding the beating death of Shaima Alawadi, an Iraqi woman, led to the arrest of the victim’s husband, 48 year old Kassim Alhimidi on Friday November 9, 2012. Mr. Alhimidi has been charged with murder.  El Cahon police say the slaying was the result of a domestic violence incident and not a hate crime. According to sources, Mrs. Alawadi was planning to divorce her husband and take the children to Texas and her husband was aware of her plans for quite some time.

A threatening note that called the family terrorists and telling them to go back to where they came from was found near Mrs. Alawadi’s body. The family confirmed that a similar note had been left at their door several weeks earlier, but the incident had not been reported to the police nor did they keep the note.

The crime sparked international intention, especially among the Muslim community, when earlier reports indicated that it might be a hate crime. In a tearful interview with media after the incident, Mr. Alhimidi’s claimed to the Arabic Al Arabiya News that:  “My wife was a victim of xenophobia.” However, evidence police found in Alawadi’s Ford Explorer revealed that she was in the process of filing divorce papers, which were partially completed in her own handwriting.

Alhimidi has denied the murder charges and insists that it was a hate crime. Police advised him that pings from his cell phone place him near the home at the time of the homicide. The couple’s four youngest children are currently in protective custody. Hanif Mohebi, the executive director of the San Diego chapter of the Council on Islamic-American Relations said, “Since the beginning our ultimate goal was to get justice for Sister Shaima Alawadi.”He also referred to the case as “a family tragedy,” and said that domestic violence “has no place in our faith.”

California Domestic Violence Offenses

A domestic violence incident involves an assault, battery, sexual assault, stalking, kidnapping, false imprisonment or any physical injury or death committed by a person against a current spouse, former spouse, girlfriend, fiancée, a person involved in a dating relationship or other family member. You could be charged with a felony domestic violence crime or a misdemeanor battery in San Diego if you commit domestic violence or with murder if you kill the victim. Threatening to harm the victim is also considered domestic violence under California Penal Code Section 422.

Sentencing and Penalties

If you are convicted of a misdemeanor domestic violence offense, you could face a minimum jail time of 30 days and/or community service as well as mandatory attendance of a 52 week batter’s class. For a felony domestic violence conviction, you could receive one year in county jail or two to four years in state prison and/or a fine up to $6,000.

Hiring a San Diego Domestic Violence Attorney 

If you have been arrested for a domestic violence offense or murder in San Diego or the surrounding areas, it is important that you hire a San Diego domestic violence attorney immediately to defend you.

NFL Saints’ Bounty Scandal

NFL rules prevent that any bonus or award be offered to players directly or indirectly for personal fouls or injuries intentionally inflicted against opposing players. Gregg Williams, assistant coach of the Saints, who left after 36-32 playoff defeat to the San Francisco 49 team, to become the St. Louis Ram’s defensive coordinator, was suspended indefinitely by NFL commissioner Roger Goodell for violating the pay to injure bounty rule. Assistant coach Williams was allegedly heard on an audio tape offering his team bonuses to injure opposing players on the San Francisco 49 team, including running back Frank Gore, quarterback Alex Smith, wideout Michael Crabtree and backup receiver Kyle Williams. Williams’ speech was delivered less than two months before the Saints’ bounty scandal became public and was revealed to Yahoo! Sports by Sean Pamphilon, who had access to the team’s functions during the 2011 season.

The NFL has also decided to uphold its discipline ruling of Sean Payton, the former New Orleans Saints coach, who has been suspended for the entire 2012 season, general manager  Mickey Loomis, who has been suspended for eight games and assistant coach Joe Vitt, who has been suspended for six games regarding the New Orleans Saints’ “bounty program”. The NFL Players Association has retained the international law firm of Fulbright & Jaworski to represent the union in the “bounty” program matter and to work with the NFLPA lawyers in assisting the players who were allegedly involved with representation in the “bounty” program. The League is still deciding whether 27 players who were involved in the bounty program which was in place during the 2009 to 2011 seasons will also be disciplined.

Possible Criminal Charges

While players could face criminal charges relating to this bounty program, a majority of legal scholars agree that it would be rare for prosecutors to charge players for on field acts since sport leagues generally have the authority to police themselves, and cases are tough for prosecutors to prove that football injuries were caused by an accidental assault or battery. However, players could be charged with conspiracy to commit assault and battery under state or federal laws if it can be established that the Saints were conducting a criminal activity by enticing players to injure others for money.

According to the NFL investigation, the Saints bounty system included payouts of $1,500 for “knockouts” and $1,000 for “cart-offs.” There was also alleged evidence of a $10,000 bounty on Brett Favre and a $5,000 bounty on Aaron Rodgers. Therefore, players could also be charged with tax evasion regarding the alleged payouts if they received the money and never declare it on their tax returns. However, since Favre and Rodgers were never knocked out even though they were targeted there would be no tax evasion charges regarding bounties on them.

Hire a Criminal Defense Attorney

If you have been charged with an assault or battery case or conspiracy to commit an assault and/or battery or are facing other criminal charges, you should contact a criminal defense attorney to defend your rights. The attorney can vigorously build a strong defense on your behalf, negotiate with prosecutors to reduce your charges or get you community service, probation or your charges suspended.

Myrtle Beach Felony Crimes -Bomb Threats and Making False Statements

Myrtle Beach South Carolina takes bomb threats and making false statements about explosive devices seriously. Under South Carolina Code Statute 16-23-750, you could be charged with a Class D or E felony when such threat constitutes threatening to kill, injure or intimidate individuals or damage and destroy property by using or threatening to use an explosive device or incendiary device. In South Carolina, there is no statute of limitations for any felony offenses. You can be arrested and tried and convicted at any time during or after the incident has occurred. Terrorist threat charges and convictions can result in fines; jail time of not less than 1 year or more than 15 years as well as courts may order anger management and violence prevention classes for individuals convicted of such crimes.

Case Example:

Saturday night, November 12, 2011, police shut down and evacuated Wal-Mart’s in Horry County, including the Wal-Mart in Myrtle Beach when Horry County Police said a caller using a phone booth along 544, told a 911 operator that they had left a bomb in a Wal-Mart store that might go off at 9 p.m., but did not disclose the exact location. Since the threat involved all of the super centers located on the Grand Strand and neighboring Myrtle Beach area police evacuated both the Wal-Mart in Carolina Forest off highway 501 and the Wal-Mart on Seaboard St. in Myrtle Beach. Police reported that they did not find a bomb in either location.  It is not the first time that Wal-Mart has had bomb threats made against it. Police are continuing their investigation to find out who made such a prank call. Police consider this type of threat a high felony offense with serious consequences.

Attorney Assistance

If you are charged with making a bomb threat or giving false information about an explosive device, you are facing serious felony charges in South Carolina and require the assistance of an experienced criminal defense attorney. A South Carolina criminal defense attorney can help in presenting all the facts of your case. The attorney will also investigate whether your rights were violated during police interrogation, whether you were given your Miranda Rights, and whether the police conducted any illegal search and seizure during your arrest. The attorney may also be able to help get your charges reduced, dismissed, or obtain probation, community service or attending of anger management or violence prevention classes.

Dodgers Fan Sues Owner for $50 Million

California Penal Code Sections 240 and 241 define an assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” You can be charged with assault even if there are no injuries to the victim. A simple assault under California Penal Code Sections 240-241 is considered a misdemeanor and carries a fine up to $1,000 and jail time up to six months. A simple battery is defined under California Penal Code Sections 242-243 as “any willful and unlawful use of force or violence upon another person.” It can be charged as either a misdemeanor or a felony with a jail sentence of up to 6 months and a fine up to $2,000.

A more serious crime of assault with a deadly weapon (not a firearm) under Penal Code Section 245 is considered a felony. You can be charged with this crime if the police believe you assaulted someone with the intent to commit bodily harm with a deadly weapon other than a firearm. If convicted, you can face up to four years in state prison and a fine up to $10,000. If you possess a firearm even if you did not use it to cause bodily harm, you can be charged with an assault with a firearm, which is also a felony. This also carries up to a four year state prison sentence and a fine up to $10,000 under California Penal Code Section 244. If the crime took place on a school ground, or the victim was a public transportation driver, or the crime was gang related, the sentencing can be elevated. If you are convicted of a felony assault, you also face a strike under the California three strikes law.

Case Example:

Documents filed on Friday September 9, 2011, by attorneys for the Los Angeles Dodger Stadium beating victim Bryan Stow in Los Angeles Superior Court estimating their client’s medical costs to be more than $50 million as a result of the beating of Stow at the Dodger Stadium parking lot after the home game victory against the San Francisco Giants on March 31, 2011. The lawsuit was filed by plaintiff Stow and his children against Dodger’s owner Frank McCourt and 13 team entities on May 24, 2011 alleging assault, battery, negligence, premises liability, negligent hiring, and intentional and negligent infliction of emotional distress. Police say that Stow was beaten because he was a Giant’s fan that had on Giant’s gear at the game. Two suspects who have been arrested and are in custody. Stow remains in a coma in a San Francisco hospital. The trial is estimated to take a week.

Defense attorneys have filed papers challenging some of the claims and requesting that the punitive damages be dismissed because the complaint does not state which 14 named defendants actions account for punitive damages. Other issues defense attorneys are challenging are the sale of alcohol at the stadium, cancellation of the half-off bear promotion after the beating, financial mismanagement by McCourt and alleged gang presence at the stadium. A hearing on the Dodger Team’s motions are set for September 30, 2011, before Judge Khan, who replaced Judge Recana as a result of the attorneys for the Dodgers request.

If you are charged with an assault and/or battery in California, you should not attempt to deal with the police directly. It is recommended that you hire a California criminal defense attorney to defend you immediately. The attorney can use defenses such as your charge does not fall within the three strikes law if you are charged with a felony assault, also argue self-defense or defense of others to get your charges reduced, obtain probation, community service or attendance of a drug or alcohol treatment program or get your case dismissed.

Assault & Battery Charges are Taken Serious in California

Assault and battery charges are taken serious in California. California Penal Code 240 defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. A battery is defined under California Penal Code 242 as “any willful and unlawful use of force or violence upon the person of another”. Incidences of assault and battery typically occur during a physical fight or a verbal argument that turns into a physical altercation. Assault can also be construed even if you physically throw an object at someone regardless if they are injured or not, and you could still be arrested in California. A simple assault misdemeanor carries penalties ranging from six months to a year in the county jail and a fine of $1,000 to $2,000. A simple battery can be charged as a misdemeanor or a felony and carries penalties ranging from six months in the county jail to three years in state prison and fines of $2,000 up to $10,000.

Assault with a Deadly Weapon Other Than a Firearm (Penal Code 245)

An assault with a deadly weapon also known as aggravated assault upon another person other than with a firearm with the intent to produce great bodily harm is a felony in California with penalties of up to four years in state prison and fines up to $10,000. A deadly weapon can be any object that is not part of your body such as a knife, a pen, rocks or even your car.

Assault with a Firearm (Penal Code 244)

Only possession of a firearm during the assault is enough cause to increase the penalties for this crime to a $10,000 fine and a 4-year prison sentence.

Case Example:

British actor and comedian Russell Brand met with Los Angeles prosecutors on Wednesday November 17, 2010 regarding his arrest pertaining to an altercation with a photographer at LAX Airport in September 2010. Brand and his wife, singer Katy Perry, were entering Delta Airlines terminal when they were swarmed by paparazzi.  Airport video cameras caught Brand swatting at the photographer and hitting his camera. He was facing the possibility of misdemeanor simple battery charges. The City said a prosecutor will also meet with the photographer this week. However, a spokesperson for the City said it was unlikely that they would be filing charges against Brand. Brand was unknown in the United States until 2008 when he hosted the MTV Video Music Awards. He has become famous here since his recent marriage to Katy Perry. He has also starred in the film Get Him to the Greek”. Perry is known for her two hit songs “I Kissed a Girl” and “California Girls”.
This is not the first time that celebrities have gotten into skirmishes at LAX with the paparazzi.  City prosecutors charged Kanye West with misdemeanor battery, vandalism and grand theft for breaking a photographer’s flash during an incident at the airport in September 2008. The case was later dismissed after the rapper settled a civil suit and agreed to attend anger management classes.Mike Tyson was also charged in November 2009 for allegedly hitting a photographer at LAX. Prosecutors declined to charge the former boxer because they said they found insufficient evidence.

If you are arrested for assault and battery charges in California, you should hire a California criminal defense attorney to defend you. The attorney may be able to get the charges reduced or dismissed to menacing, mistaken identity, self-defense, defense of property or defense of others, no credible threat, false accusations, the victim consented to the assault, or there may be insufficient evidence to charge you.

California Designer Convicted of Sexual Assault

A Beverly Hills fashion designer has just been found guilty of multiple counts of sexual assault that could result in him receiving a lifetime prison sentence. Anand Jon Alexander, 34, has been convicted of raping seven females, ranging in age from 14 to 21 years old. These sexual crimes occurred over a six-year span from 2002 to 2007.

While Alexander originally faced 23 felony charges, he was ultimately convicted of 16 counts, including:

• Forcible rape
• Sexual assault
• Battery

In addition to being known for his role on “America’s Next Top Model,” Alexander is also credited with designing for many popular celebrities, including Paris Hilton and Norah Jones.

The Trial and Evidence

Over two months of trial, prosecutors presented evidence of Alexander’s criminal activities, which included:

• Beating and, in some cases, drugging women before he raped them.
• Tricking females into coming back to his apartment by claiming that he wanted them to model for his clothing line.

As evidence, prosecutors (led by District Attorney Frances Young) called on nine of the female victims to testify.

While Alexander’s high-priced criminal defense attorneys tried to discredit the victims’ testimonies by claiming that they were lying to defame the defendant, the consistencies of the victims’ statements were enough to sway the jury and result in multiple convictions.

Sentencing and Further Trials

The sentencing phase of Alexander’s trial is scheduled to occur Jan. 13, 2009 at the Los Angeles Superior Courthouse.

However, Alexander’s recent convictions and pending sentencing in California are only the start of a series of trials this convict will face, as he has also been indicted in New York on nine other rape and sexual assault charges.

Similarly, Texas authorities in the Dallas area are still investigating allegations against Alexander. This investigation is also likely to result in another trial for Alexander.

(Source: Los Angeles Times, The Herald Sun)

Are You Facing Criminal Charges? If so, contact us today to talk to an experienced criminal law attorney who will provide you with the legal support you need to get your charges reduced, if not dropped altogether.