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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.

Sources:

http://www.associatedcontent.com/article/9145703/bomb_scare_temporarily_closes_area.html?cat=8

http://www.thetandd.com/news/opinion/article_aaee4316-f8ff-11e0-8baa-001cc4c03286.html#ixzz1dmevlsAp

http://www.judicial.state.sc.us/summaryCourtBenchBook/HTML/OffensesF.htm

http://www.carolinalive.com/news/story.aspx?id=685986

http://statutes.laws.com/south-carolina/title-1

Lindsay Lohan’s Estranged Father Michael Lohan, Pleads Not Guilty to Misdemeanour Domestic Violence Charges

You could be charged with felony domestic violence under California Penal Code 273.5 if you cause corporal injury or trauma to a former spouse, current spouse, fiancée, girlfriend or someone you are dating or the parent of your child by striking the person violently or causing a bruise or swelling, or you could be charged with a misdemeanor battery under Penal Code Section 243(e)(1) if there is no sign of visible injuries. Threatening someone with committing harm to them is also a crime in California under Penal Code Section 422.

Penalties and Fines

You could face a minimum 30 days jail time for a first time misdemeanor domestic battery conviction and mandatory attendance of a 52-week batter’s class. For a domestic violence felony conviction under Penal Code 273.5, you could face up to one year in county jail or two to four years in state prison, or a fine up to $6,000 or both. If you are an immigrant and are convicted of domestic violence, you will be deported. A domestic violence conviction stays on your record, and you could be denied employment, a state license or other benefits such as federal college Pell grants and other assistance.

Case Example:

Michael Lohan, actress Lindsay Lohan’s estranged father, plead not guilty in Beverly Hills court on May 23, 2011, to misdemeanor domestic violence charges against his ex-fiancée and girlfriend Kate Majors for allegedly holding her against her will and not allowing her to call police. He was arrested on March 21, 2011 and charged with false imprisonment, preventing the report of victimization and inflicting corporate injury on a co-habitant. He faces up to one year in prison if convicted. Bail was set at $200,000.  Majors filed a police report with the Los Angeles County Sheriff’s Department after an argument that occurred between the couple turned physical. Majors also claimed that Lohan became physically violent towards her during the filming of Celebrity Rehab at the time she visited Lohan at the Pasadena Therapy Centre to take part in a therapy session with Lohan. Lohan has a history of arrests in New York regarding harassment charges filed by former girlfriends.

If you are arrested for domestic violence or domestic battery in California, you should contact a California criminal law attorney to defend you. The attorney may be able to argue self-defense, defense of others or accident to get felony charges reduced to a misdemeanour with probation or attendance of a batter’s class or gets the case dismissed.

How a California Criminal Attorney is Able to Help You.

California Penal Code Sections 548-551 make it a crime for anyone to willfully injure, destroy, secrete, abandon, or dispose of property insured against loss, damage from theft, embezzlement or casualty (excluding fire, which is not included under the definition of casualty in this regard) with the sole intent to defraud the insurer, whether the property belongs to you or another person. You can be charged with a misdemeanor or a felony depending on the circumstances of the insurance fraud crime and the amount of money involved.

It is illegal to aid, abet, solicit or conspire with anyone to commit the following acts which constitute insurance fraud under California Penal Code Sections 548-551:

·    Knowingly presenting a false or fraudulent insurance claim for payment for
loss of injury.
·    Knowingly presenting multiple claims for the same loss or injury to more
than one insurance company with the intent to defraud them.
·    Knowingly participate in a vehicular accident with the intent to present a false claim.
·    Knowingly present a false or fraudulent claim for payments for loss
for theft, destruction, damage or conversion of any vehicle or vehicle part or the contents of a motor vehicle.
·    Knowingly make a false or fraudulent claim for a health care benefit or
payment including worker’s compensation health benefits.
·    Knowingly presenting any false or misleading statements to an insurance
company or to fail to disclose an occurrence or event
·    Intentionally burning property (act of arson) to collect an insurance payment
or assist the owner of the property to collect a payment from their insurance company.

If found guilty of any of these offenses and the claim amount is more than $950.00, you face imprisonment in the county jail not to exceed one year and a fine not extending $10,000, or imprisonment in the state prison for two to five years and a fine not to exceed $50,000 fine, or double the amount of the fraud, whichever is greater. For a claim amount under $950.00, you face imprison in the county jail not to exceed six months and a fine of $1,000.  You may also have to pay restitution in an amount determined by the court for medical evaluations or treatment services. If you have been previously convicted under the California insurance statute of insurance fraud, you will not be eligible for probation or a suspended sentence. You may receive an enhanced sentence ranging from two years to five years sentence for each prior conviction. A subsequent conviction is punishable by imprisonment in a California state prison and a fine of $50,000. Fines are doubled if the fraud involves an automobile claim.

Case Example:

Jeweler Lior Bitton, 36 of Los Angeles, owner of Pacific Diamonds and Gems jewelry store located in Westminster, CA was arrested for fraudulently collecting over $99,000 from his insurance company after filing a false claim to his insurance company reporting that a 4.21 carat diamond had been stolen when one of his employees had been robbed of 20 diamonds. Meanwhile, in September of 2009, Bitton had registered the same diamond with the GIA (Gemological Institute of America). The unique properties of the diamond act as a fingerprint in which to identify the stone. In March 2010, Bitton went to Israel and met with a diamond wholesaler. The wholesaler presented the diamond to the GIA. The GIA identified the diamond as the same diamond that Bitton had registered with them previously. He was arrested by Westminster Police and charged with one felony count of insurance fraud. He faces a maximum five year prison sentence in state prison if convicted. The Westminster police recovered the diamond and have it in their custody.

If you are charged with insurance fraud in California and you are convicted, you would not be able to obtain insurance in the future or you may not be able to find employment. It is recommended you hire an experienced California criminal defense attorney to defend you. The attorney will review all the evidence to make sure that the prosecutors have a case against you. The attorney may be able to get you a reduced sentence and penalties or get the charges dismissed based on lack of evidence or other defenses such as you were unaware of the fraudulent activity of another person.

Bus Driver Charged with Felony DUI

Quinton Joey Watts, a 52-year old bus driver, has been charged with a felony DUI following a fatal crash that killed 8 and injured 35 other passengers. The bus, which was heading for a Northern Californian casino, crashed on an isolated road in Williams, California, roughly 60 miles north of Sacramento.

While no evidence of alcohol was found on the bus at the scene of the accident, the California Highway Patrol is investigating whether Watts was using prescription or illicit drugs while driving.

Details of the Accident

About 10 miles away from its destination, the Colusa Casino Resort, the charter bus drifted outside of its lane for a half a mile, after which Watts overcorrected his steering and swerved to try to get back in his lane.

The overcorrection caused the bus to roll and end up in a nearby ditch, right side up. Although no other cars were involved in this accident, the rolling of the bus caused the roof to collapse, all of the windows to be shattered, and the bus to be facing the opposite direction. Additionally, some of the passengers were ejected from the bus during the fatal crash.

Investigation Continues

Robert Kays, a spokesperson for the CHP, has stated that, in addition to investigating the presence of alcohol and narcotics on the bus/in Watts’ system, authorities are also looking into the licensing of the bus itself. Although the police would not divulge the name of the bus charter company, they said that both the Texas license plate on the bus and its registration were invalid.

Currently, victims of the crash are being treated at local area hospitals, including the Colusa Regional Medical Center, the Enloe Medical Center and the UC Davis Medical Center. Some remain in serious to critical condition, which means that Watts can be charged with further counts of manslaughter should any of these victims not survive treatment.

(Source: CNN, KTVU)

Have you been charged with a crime? If so, contact us today to talk to an experienced professional who will provide you with the legal support you need to get your charges reduced, if not dropped altogether.