Differences Between Homicide Murder & Manslaughter

Our expert attorneys discuss the differences between homicide, murder, and manslaughter. Learn more on the penalties for each.

The Differences Between Homicide, Murder and Manslaughter in California

Homicides, murders and manslaughters frequently occur in California. The media sometimes treats them as interchangeable terms (especially homicide and murder). However, that is not the case. In fact, the differences between homicide, murder, and manslaughter are important to the Los Angeles criminal defense attorneys who defend persons charged with those crimes.

And the differences between homicide, murder and manslaughter are extremely important to the persons accused of those crimes.

Homicide

The term homicide refers to an instance when a person kills another person or fetus. However, not all homicides are criminal acts. For instance, if a person justifiably fears for their safety because of an attack by another person, that person may take steps to protect himself, including killing the aggressor.

Likewise, a police officer kills an aggressor to protect herself or other people. That is a homicide. But if her actions were justified, there is no crime.

Two cars could collide, resulting in the death of a driver. But if the other driver did not drive recklessly or under the influence of drugs or alcohol, it was an accident, not a crime.

Murder

On the other hand, murder is a homicide which is always a crime.

In California, there are three elements of a murder:

What is “Malice Aforethought”?

Malice aforethought is a legal term that defines the state of mind of the person who is about to commit a murder (the “actor”). The actor has malice aforethought when the actor, with total disregard for human life, commits an act that has a high degree of probability it will kill the victim. In the California Penal Code, there are degrees of murder.

First-Degree Murder

First-degree murder is charged in the following instances:

There are several other circumstances that can raise a charge of first-degree murder to capital murder.

The penalty for conviction on a capital murder charge is the death penalty or life in prison without the possibility of parole. However, Governor Newsome issued a moratorium on executions in 2019.

Second-Degree Murder

Second-degree murder is willful murder. Notwithstanding that, unlike first-degree murder, it is not premeditated or deliberate. A driver with a past DUI conviction who has a DUI accident, killing someone, could be charged with second-degree murder.

As another example, someone who tosses a cinderblock from an overpass onto a crowded highway, killing a driver, could be charged with second-degree murder.

The sentence for second-degree murder is 15 years to life in prison.

In addition, there are aggravating circumstances which can increase that penalty. For instance, if the victim was a peace officer, the penalty is 25 years to life in prison.

Likewise, if the defendant has a prior murder conviction, the sentence is life without the possibility of parole. If the defendant shot the victim from a car intending to cause serious injury, the penalty is 20 years to life.

Lastly, if the victim was a peace officer, and the defendant used a deadly weapon, intended to kill the officer or intended to cause serious bodily harm, the sentence can be life without the possibility of parole.

Felony Murder

A felony murder occurs when the actor kills a person while committing another felony. To be charged with felony murder, the actor would have to kill the victim during the underlying felony, aid in the killing of the victim or be a major participant in the killing.

Lastly, if an on-duty peace officer was killed, felony murder charges could apply.

Unlike prior law, accidental or negligently caused deaths are no longer considered felony murders (unless the victim is a peace officer).

First-degree felony murder is charged when the underlying felony is one of several specific felonies, such as carjacking, robbery, arson, etc.

The penalty for first-degree felony murder is 25 years to life without the possibility of parole.

Second-degree felony murder is charged when the underlying dangerous felony is not one of the specific felonies identified in the first-degree felony statute. The penalty for conviction is 15 years to life in prison.

Manslaughter

Manslaughter is a lesser charge than murder. Manslaughter is the killing of the victim without malice. Frequently, during plea bargaining, prosecutors will drop murder charges in return for the defendant pleading guilty to manslaughter charges. Voluntary Manslaughter A voluntary manslaughter occurs when the actor kills the victim without malice in a spontaneous way (“the heat of passion”). For instance, a man finds his wife or girlfriend in bed with another man and kills the other man right then.

The penalty for voluntary manslaughter can be prison for up to 11 years.

Involuntary manslaughter

An involuntary manslaughter happens when the actor unintentionally causes the death of the victim because he engaged in an extremely risky action.

The penalty for involuntary manslaughter can be imprisonment up to four years.

Vehicular Manslaughter

A vehicular manslaughter occurs when the victim dies unintentionally in a motor vehicle accident as a passenger or with another vehicle. Depending on the facts, the driver can be charged with a misdemeanor (up to one year in jail) or a felony (up to six years).

Experienced Los Angeles Criminal Attorneys Can Help Persons Charged with Murder

The differences between a conviction for murder and one for manslaughter hinges on the specific facts of the incident that resulted in the death of the victim.

Moreover, there is a significant difference in the penalties for a murder conviction versus manslaughter. Lastly, prosecutors sometimes “overcharge” defendants, exposing defendants to greater penalties than the facts support.

Experienced Los Angeles criminal lawyers can assist persons charged with murder vigorously fight the charges. A good criminal defense attorney in Los Angeles will hold the prosecution to the high standard of proving their case beyond a reasonable doubt. Daniel Perlman and Matthew Cohen are experienced Los Angeles criminal defense lawyers at Perlman & Cohen. If you or a loved one have been charged with murder, they will investigate the incident, obtain all relevant police reports and records, interview witnesses and prepare your case for trial.

In appropriate cases, they will negotiate a plea to lesser charges from a position of strength. Call them at (310) 557-1700 to set up an initial consultation so they can help you fight the charges and protect your rights.

Hiring A Controlled Substances Attorney

Our controlled substances attorneys can help you navigate your case. We offer a risk free consultation.

Controlled Substances Attorney Los Angeles- California Health and Safety Code 11550 HS

Although it is not often prosecuted or brought to court, the offense of being under the influence of a controlled substance, when the user does not hold a valid prescription for the substance, is illegal.

This would include drugs such as heroin and cocaine but also common painkillers like Oxycodone. If you are arrested in relation to being under the influence of a controlled substance, it is still important to have an attorney to represent your best interests.

What is California Health and Safety Code Section 11550 HS?

Under California Health and Safety Code Section 11550 HS it is unlawful to use or be under the influence of controlled substances like narcotics and prescription medications without having an appropriate prescription for its use.

Under this specific code, using controlled substances is prohibited without an accompanying prescription. If police find that someone who appears to be affected by drugs (by way of their physical appearance or actions) they may immediately request proof that the person has obtained it legally and for a specific purpose.

Both prescribed medication (Vicodin, Xanax, Oxycodone) as well as illegal substances (cocaine, LSD, MDMA) fall under this code. Of note is the fact that marijuana does not fall under California Health and Safety Code Section 11550 but rather is prosecuted under its own laws.

How Does the Prosecution Prove Guilt in a Controlled Substance Case?

In order to satisfy the requirements for a conviction for this offense, the prosecution must show that a defendant:

You will notice the importance of the word ‘willfully’ which refers to an action that was done willingly or on purpose. This makes all the difference to the case, because as we’ll discuss later, this is one aspect of this crime that can be put into question when defending a controlled substance case.

In a case where it is found that someone had ingested drugs and fell under the influence of this substance without their knowledge or consent, it is unlikely a crime can be charged.

The use of the drug must also have been no more than 5 days before the arrest in many cases, as someone cannot be arrested for past drug use.

A Drug Recognition Expert can be called in to provide expertise and go on record identifying the defendant as being under the influence.

Other evidence may include the testimony of the officers who were there at the time of arrest as well as the results of an administered chemical test.

Is the Illegal Use of a Controlled Substance a Misdemeanor or Felony?

Illegal use of a controlled substance as outlined under California Health and Safety Code Section 11550 HS will be likely prosecuted as a misdemeanor.

What are the Penalties for the Illegal Use of Controlled Substances in California?

If convicted of a misdemeanor, one can expect to serve up to one year in county jail. A long probation period of up to five years may take the place of jail time if the person convicted agrees to attend regular drug meetings such as Narcotics Anonymous for more than fifty-two sessions.

Upon a second offense (within a 7-year period) a person convicted of this crime would be subject to a mandatory 6 months in jail.

Special programs may be available to those who have been convicted of the crime of using a controlled substance for the first time. Agreeing to complete a drug diversion program may result in sentencing being deferred to a later date 12 to 18 months down the road. In what is called a ‘pretrial diversion,’ if the defendant completes this attendance the case could possibly be dismissed. On the other hand, if the program is not completed, the formal sentence will go ahead.

There are many chances to fight the charges of being arrested for the use of a controlled substance, so you are better off working with a lawyer who knows how to take advantage of these rules.

Learn How Our Los Angeles Criminal Defense Attorneys Can Help You Beat Prescription Drug Fraud Charges

An arrest for the use of controlled substances does not need to result in a conviction in court. If you have the right lawyer, one well-versed in these types of crimes, it is very possible that you can have the charges dropped.

How Do You Beat Illegal Use of Controlled Substances Charges?

It’s possible to fight charges against you involving the use of controlled substances if you can show that the substance ingested was not done on purpose or willfully, if you were detained illegally, and if there were procedural problems during the time that the arrest was taking place.

Three possible defenses outlined are as described:

Lack of Willful Use

The use of the controlled substance must be done willfully. So, if someone was secretly slipped a substance and they then are affected by the drug, if the defense attorney can prove that this use was not done on purpose the defendant will likely be free from the charges.

Illegal Detention

If the police detain a defendant under illegal circumstances and then it is determined that they are under the influence of a controlled substance, that charge can be dismissed due to the way that defendant was detained.

Procedural Issues

If the defendant was not properly read their rights (‘Mirandized’) then any confession that happens would not be valid in court. When you are arrested, law enforcement is required to follow certain procedures and if they do not, it may put into question any evidence that was obtained (including information that you tell them.)

Contact Daniel Perlman and Matthew Cohen Today for A Free Consultation

If you have been arrested in relation to California Health and Safety Code Section 11550 HS it is important to immediately speak with a seasoned controlled substances attorney. There are many different ways to avoid a conviction and jail time. Los Angeles Criminal Defense Attorneys Daniel Perlman and Matthew Cohen have successfully represented clients in controlled substance cases.

To get into contact with someone who can help you with your case, call our offices at (310) 557-1700 and we will connect you with our knowledgeable attorneys.

Hire A Statuatory Rape Attorney

Statuatory rape charges are serious. Our top rated attorneys can help you navigate your case. View our guide for defense.

Los Angeles Statutory Rape Attorney

A person accused of statutory rape (also known as unlawful sexual intercourse) in Los Angeles and surrounding communities has particular need for the services of an experienced Los Angeles statutory rape attorney.

The criminal liability for a statutory rape charge hinges exclusively on the age of the victim; any person who has sexual intercourse with a minor under the age of 18 can be charged with statutory rape.

Whether the victim consented to the sexual encounter or not is not an issue; only the age of the victim is important. The criminal exposure for statutory rape in California includes jail time, fines and possible registration as a sex offender. Many innocent people are accused of statutory rape. Those people need experienced Los Angeles statutory rape attorneys to defend them.

A person charged with statutory rape, or who is being investigated for statutory rape, needs the assistance a Los Angeles statutory rape attorney as soon as possible. Witnesses may have to be located. Text messages and emails may have to be retrieved. There are many ways to defend against a statutory rape charge.

The sooner the accused retains an experienced Los Angeles statutory rape lawyer, the sooner a defense can be built.

What is Statutory Rape?

California Penal Code 261.5 PC addresses statutory rape. Under that provision, statutory rape occurs when any person has sexual intercourse with a minor under the age of 18.

Lack of consent is not an issue in statutory rape cases. Under California law, a minor cannot consent to having sexual intercourse.

Statutory rape can even be charged if the minor started the sexual encounter.

Some states have a “Romeo and Juliet” exception regarding statutory rape. In that instance, if two minors have sexual intercourse, and both are over 14 and within three years of age, there is no statutory rape. California does not have a Romeo and Juliet exception.

The only exception in California to statutory rape charges would be if the minors are married.

Defenses to a Charge of Statutory Rape

One defense to a statutory rape charge is that defendant had a good faith, reasonable belief the minor victim was of age (the “mistake of age” defense). For instance, the defendant might have met the minor at a party at which only adults attended.

Or the defendant could have met the victim at a bar or club where everyone must show proof of age to get in.

However, if the minor is obviously underage, this defense is not available.

There are also civil penalties (fines) for conviction of statutory rape. However, fines can only be charged against adults.

Unlike a felony conviction for rape, a person convicted of felony statutory rape does not have to automatically register as a sex offender. The sentencing judge has the discretion to require a person convicted of felony statutory rape to register as a sex offender if the facts warrant it.

What if Both Persons are Minors?

According to California Penal Code 261.5 PC, it is still considered a crime If two 17-year-olds agree to have sexual intercourse.

The real question in that situation is: which one is the victim, and which one is the rapist?

Most experienced Los Angeles statutory rape lawyers would suggest that, in that scenario, it is not likely that the police would file charges against the minors. They might choose to refer the minors to counselling centers.

If they filed charges against one minor, they would handle the case in juvenile court.

But what if a 19-year-old girl has sex with her 17-year-old boyfriend? In that instance, it is quite possible that the police would charge the girl with misdemeanor statutory rape.

Do Persons Convicted of Statutory Rape in California Have to Register as Sex Offenders?

In California, persons convicted of sex crimes may have to register as a sex offender with law enforcement. Conviction of certain offenses, such as rape, require the convicted person to register. However, conviction on a charge of statutory rape does not automatically place one on the sex offender registry.

In January 2022, California amended its sex offender registry program. Previously, persons convicted of some sex offenses had to register as a sex offender for life. Currently, Penal Code 290 has put in place a three-tiered sex offender registry:

Tier One

Tier One is meant for people convicted of low-level sex crimes such as misdemeanor sexual battery, lewdness, etc. Placement on Tier One lasts for 10 years.

Tier Two

Persons convicted of more serious sex crimes, primarily involving victims incapable of giving consent because of a mental disorder, are placed on Tier Two. Registration at the Tier Two level is for 20 years.

Tier Three

Persons convicted of felony sex crimes, such as rape, kidnapping in furtherance of rape and child trafficking are placed on Tier Three for life.

Persons placed on Tier One or Two must petition a court to be removed from the registry at the end of the specified time period.

Persons convicted of statutory rape are not required to register as a sex offenders. However, the prosecutor may recommend to the judge that a particular defendant convicted of statutory rape be placed on the registry, most likely

Tier One. Or a judge, in her own discretion, may decide to place that person on Tier One.

In making that decision, the judge will consider whether the defendant acted based on “sexual compulsion” or for “sexual gratification.”

Experienced Los Angeles statutory rape lawyers would say that this issue depends on the facts of the particular case. It is not likely that, in the case of an 18-year-old man convicted of having sexual intercourse with his 16-year-old girlfriend, the 18-year-old would have to register as a sex offender.

On the other hand, if a 35-year-old man had sexual intercourse with a 15-year-old girl, he would stand a good chance of having to register.

If a person with prior sex crimes was convicted of statutory rape, that person would be a candidate for placement on the registry. If the statutory rape case involved another crime, such as kidnapping or assault, the judge could order that person to register.

Contact Perlman & Cohen

Our Los Angeles criminal defense lawyers will vigorously fight statutory rape charges on behalf of their clients. Remember, in order to obtain a conviction, the prosecutor must prove every element of a statutory rape charge beyond a reasonable doubt. That is a very high standard of proof.

Daniel Perlman and Matthew Cohen are experienced Los Angeles criminal defense lawyers at Perlman & Cohen. They have represented defendants in all types of criminal cases in Los Angeles courts for years. They know the judges, prosecutors and court staff.

If you or a loved one have been charged with statutory rape, Perlman & Cohen will investigate the incident, collect all relevant evidence, interview police witnesses and find witnesses who may be helpful to your defense. In appropriate cases, they will negotiate a plea to lesser charges from a position of strength.

Otherwise, they will prepare the case for trial and hold prosecutors to that high standard of proof. Call them at (310) 557-1700 to set up a free consultation so they can help you begin the fight against the statutory rape charges and protect your rights.

Hire A Sexual Assault Attorney

Sexual assault charges are serious. Our top rated attorneys can help you navigate your case. View our guide for defense.

Los Angeles Sexual Assault Attorney

California Penal Code 243.4 describes what sexual assault (also called sexual battery in California) is.

In California, a sexual assault occurs when one person touches an intimate part of another person’s body without that person’s consent. The perpetrator does so for his or her own sexual gratification or arousal or to abuse the victim.

Depending on the facts of the case, the police can charge perpetrator with a misdemeanor or a felony. Conviction for felony sexual assault can mean jail time in state prison and placement on California’s sexual offender registry for life.

However, the police may charge innocent people with sexual assault when, in fact, they had no intention of engaging in such conduct. If you or a loved one are facing sexual battery charges, you need a Los Angeles sexual assault attorney to protect your rights and prepare a vigorous defense to the charges.

Touching an Intimate Body Part

In California’s sexual assault statute, an “intimate body part” is an anus, buttocks, sex organ or female beasts. The contact can be made through clothes. However, the perpetrator has to touch an intimate body part of the victim.

Therefore, if the perpetrator took the victim’s hand and placed it on his penis, he has not committed a sexual assault; he may have committed another crime for such a lewd act, but not sexual assault since no contact was made with an intimate body part of the victim.

In order for a sexual assault to have occurred, the illegal touching must happen without the consent of the victim. If a person is riding a crowded bus and intentionally brushes against the buttocks of another passenger who he doesn’t know, the victim passenger presumably did not give the stranger permission to make that contact.

In another scenario, a dentist touches a female patient’s breasts a few times as he hovers over the prone patient, examining or cleaning her teeth. He is doing that for his sexual gratification.

Meanwhile, the patient believes the touching is accidental and/or incidental to the treatment she is receiving. In that instance, a sexual assault has occurred since the patient did not consent to the dentist touching her breasts for his sexual gratification.

The Touching Occurs for Sexual Gratification or Abuse

The illegal touching by the perpetrator must be done to sexually gratify the perpetrator or to “hurt, humiliate, injure or intimidate” the victim. In the crowded bus example above, if one passenger brushes against the buttocks of another passenger, without intending to do so, because the bus stopped short or drove too fast while making a turn, an experienced Los Angeles sexual assault attorney would argue that no sexual assault occurred.

When Does a Sexual Battery Become a Felony?

As said earlier, depending on the facts of the case, a sexual assault in California can be a misdemeanor or felony. Police or prosecutors may file felony sexual assault charges in the following circumstances if the victim is:

What Are the Penalties for Sexual Assault in California?

A judge can place a person convicted of misdemeanor sexual assault in county jail for up to one year. The convicted person will be placed on Tier One of the California sex offender registry. That person will remain on the registry for at least 10 years.

What are the Defenses to Charges of Sexual Assault?

Experienced Los Angeles criminal defense attorneys can raise several defenses to the charge of sexual assault. If the touching was consensual, there is no crime. Even if you can show you had a reasonable belief that the touching was consensual, there is no crime.

For many sexual assault cases, there is no physical evidence to support the charges. Many cases are more of a “he said, she said” type of case.

In those situations, experienced Los Angeles sexual battery lawyers can carefully examine the circumstances of the charges, possibly get the sexual assault charges reduced or even dismissed.

As with any criminal prosecution, the prosecutors must prove every element of the alleged crime “beyond a reasonable doubt.” That is a very high standard. Experienced Los Angeles criminal defense lawyers will hold prosecutors to that standard in a sexual assault case.

Experienced Los Angeles Sexual Assault Attorneys

As can be seen from the above, sexual assault in California is a serious crime. In this #MeToo era, charges of sexual assault can be publicized and receive increased scrutiny from police and prosecutors.

Daniel Perlman and Matthew Cohen are experienced Los Angeles sexual assault lawyers at Perlman & Cohen. They have appeared in Los Angeles courts on behalf of sexual assault defendants for years.

If you or a loved one have been charged with sexual assault, contact them at (310) 557-1700 to set up a free consultation so they can help you begin the fight against the sexual assault charges and protect your rights.

Guide To Navigating Child Pornography Charge

Child pornography charges are serious. Our top rated attorneys can help you navigate your case. View our guide to defense.

Los Angeles Child Pornography Attorneys

California Penal Code 311 PC is the state law defining child pornography and punishing offenders. Penal Code 311 PC bans the possession or distribution of child pornography. Certainly, given the notoriety of child pornography allegations, persons accused of child pornography offenses may have an uphill battle. But Los Angeles child pornography attorneys are prepared to mount a vigorous defense for those falsely accused of child pornography offenses.

Persons who may have inadvertently, unknowingly or unintentionally come into possession of child pornography are entitled to have their day in court and clear their names.

What is Child Pornography Under Penal Code 311 PC?

Penal Code 311 PC defines child pornography in California as any film, picture, videotape or computer-generated image which shows minors (in California, those under 18 years of age) engaging in real or simulated sexual conduct.

Under Penal Code 311, it is a criminal offense to knowingly send, transport, produce, possess or duplicate child pornography.

The California Penal Code also prohibits the knowing development, duplication, printing or exchanging of child pornography.

It is also illegal in California to advertise child pornography for sale.

Lastly, it is a crime in California to knowingly hire, employ, use, persuade or coerce a minor to make child pornography.

What Are the Penalties for Child Pornography Violations?

Depending on the facts of a particular case, child pornography can be charged as a misdemeanor or a felony. Conviction on misdemeanor child pornography charges can mean up to one year in county jail and a fine up to $2, 000. It also means placement on California’s sex offender registry for 10 years (Tier One).

Conviction of felony child pornography offenses carries with it imprisonment up to eight years and fines up to $100,000. It also means placement on the sex offender registry for life (Tier Three).

Prosecutors may seek felony child pornography charges if the pornography in question is obscene; that is, if it is particularly offensive, has no artistic or societal value and an average California adult would agree it appeals to a prurient interest.

A person who creates, possesses or distributes child pornography intending to sell it may face felony charges.

Lastly, prosecutors may file felony charges against a person who shows child pornography to a minor.

What are the Defenses to Child Pornography Charges?

Experienced Los Angeles child pornography lawyers recognize that, notwithstanding the notoriety of child pornography charges and the related abuse of children, there are many viable defenses to charges of child pornography.

The defendant did not have child pornography

In order to successfully prosecute someone on child pornography charges, the allegedly pornographic pictures, video, etc., have to meet the legal definition of child pornography. For instance, the makers of a video could advertise it as a video of two 16-year-olds having sex. But if the “actors” were actually 19-year-olds, the video is not child pornography.

In order to be considered child pornography, the image or video must be of an actual minor. Sketches, drawings or animations of minors having sex are not child pornography.

Likewise, movies rated by the Motion Picture Association of America are exempt from California’s child pornography laws.

The defendant did not act knowingly

To be convicted of child pornography offenses, the defendant must act knowingly. If the defendant mistakenly linked to a child pornography website, he did not knowingly possess child pornography. If someone maliciously sent the defendant an email with multiple attachments, one of which contained an image or video containing child pornography, and the defendant did not realize that, she did not knowingly commit a child pornography offense.

The film or images depicting child pornography were being used for a legitimate purpose

If the purported child pornography was actually made for legitimate scientific, medical or educational purposes, the film or images do not meet the legal definition of child pornography.

The police unlawfully seized the child pornography material

Federal and state search and seizure rules and case law apply to child pornography cases. If government investigators improperly conducted searches of the defendant’s property and/or unlawfully seized the allegedly child pornography material, experienced California criminal defense lawyers will request the court to toss out the improperly seized evidence.

Entrapment

Entrapment is a recognized defense to child pornography charges. If the police excessively used pressure, threats or fraud to induce the defendant to violate Penal Code 311 PC, the defendant may have legitimate arguments they entrapped him; but for the actions of government agents, he would not have violated the child pornography laws.

Contact Us About Child Pornography Charges

Being convicted of child pornography charges can lead to years in jail, substantial fines and placement on the sex offender registry. Just being charged with child pornography violations can lead to job losses, disruption of family life and loss of friends. Therefore, persons facing child pornography charges should immediately contact experienced Los Angeles child pornography attorneys. Daniel Perlman and Matthew Cohen are experienced Los Angeles criminal defense lawyers at Perlman & Cohen. They have appeared for years on behalf of clients in all types of criminal cases in Los Angeles courts, including child pornography cases.

If you or a loved one are facing child pornography charges, Perlman & Cohen will stand by you as they investigate, collect all relevant evidence and find witnesses who may be helpful to your defense. In appropriate cases, they will negotiate a plea to lesser charges from a position of strength. Otherwise, they will prepare the case for trial and make prosecutors prove their case beyond reasonable doubt. Call them at (310) 557-1700 to set up a free consultation so they can help you protect your rights.

Guide To Navigating Child Endangerment Charges

Child endangerment charges are serious. Our top rated attorneys can help you navigate your case. View our guide to defense.

Los Angeles Child Endangerment Attorneys

Any criminal actions involving children as victims get a great deal of attention in Los Angeles. Police and prosecutors strictly enforce child endangerment laws in Los Angeles. If they charge you or a loved one with child endangerment, you should immediately contact experienced Los Angeles child endangerment attorneys to protect your rights and your good name.

What is Child Endangerment in California?

Child endangerment is defined in California Penal Code §273(a) PC. Child endangerment occurs when a person exposes a child under 18 to unjustifiable pain, physical or mental suffering or danger.

Child endangerment is sometimes called child abuse. However, as discussed below, California has a separate child abuse law.

In order to charge a person with child endangerment, it is unnecessary for the person to injure the child. Rather, simply exposing the child to an unreasonable risk of harm is enough to support the charge.

What Must the State Prove in Order to Get a Conviction for Child Endangerment?

There are several elements to the crime of child endangerment. As in every criminal case, the prosecutor must prove each element beyond a reasonable doubt in order to support a conviction. In order to convict a person of child endangerment, the prosecutor must prove that the defendant willfully did one of the following:

In addition, the prosecutor must show that the defendant was criminally negligent when he/she placed or permitted the child to suffer, be injured or become endangered.

Lastly, if the defendant is a parent of the child, the prosecutor must show that the parent was not reasonably punishing the child.

Child Endangerment and DUI

If the police charge a person with Driving Under the Influence of alcohol or drugs, that person may face the loss of driving privileges and substantial fines. However, if that person also has a minor child in the car, they may face child endangerment charges.

What Are the Penalties for Child Endangerment in California?

Child endangerment charges can be treated as a misdemeanor or felony.

Conviction of felony child endangerment charges can count as a “strike” under California’s three-strikes law (Penal Code §667 PC). This occurs when the defendant and/or the act of endangerment seriously injure the child.

What Are Some Defenses Los Angeles Child Endangerment Attorneys Raise in These Cases?

Aside from typical defenses raised in criminal cases, there are a few unique defenses to child endangerment charges:

Likewise, criminal negligence is more than ordinary negligence or making a mistake or error in judgment. Criminal negligence happens when someone acts recklessly and in disregard for human life. If the defendant was not criminally negligent, he did not commit a crime.

As long as the discipline is reasonable, the police should not be charging a parent with child endangerment.

What is Child Abuse in California?

Child abuse in California is covered by Penal Code §273(d). A person commits child abuse when she willfully strikes a child under the age of 18 and causes a “traumatic injury,” such as a bruise, open wound, etc.

Examples of child abuse can be punching, slapping, kicking or vigorously shaking a child.

The difference between child abuse and child endangerment is that, in a case of child endangerment, there is no requirement that the defendant physically injures the child.

The law treats child abuse differently from other crimes in Los Angeles. In a child abuse case, the prosecution may enter evidence of past acts of child abuse. Prior bad acts are usually not admissible in criminal cases.

They may also introduce prior acts of domestic violence in certain circumstances.

What Are the Penalties for Child Abuse?

Child abuse is also a “wobbler” crime. Again, the facts of a particular case will determine whether the prosecutor charges a felony or a misdemeanor.

What Are Defenses to Child Abuse Charges?

Similar to child endangerment, the police should not charge a parent who is reasonably disciplining a child with child abuse. Allegations of child abuse are sometimes raised in custody proceedings during a divorce.

A disgruntled spouse will accuse the former partner of abusing a child. Or a spouse will encourage a child to say that. In either event, experienced Los Angeles child abuse attorneys will investigate, interview witnesses, and prove the falsity of such made-up claims.

Los Angeles Child Endangerment Defense Lawyers

Persons facing charges of child endangerment and/or child abuse need knowledgeable Los Angeles criminal defense attorneys. Law enforcement can treat either child abuse or child endangerment charges as felonies. Conviction of felony charges can mean years in state prison.

Daniel Perlman and Matthew Cohen are experienced Los Angeles criminal lawyers at Perlman & Cohen. They have represented numerous Los Angeles clients in child endangerment and child abuse cases. Perlman & Cohen will stand by anyone charged with a crime. We will investigate the matter and prepare a comprehensive defense to the charges.

In appropriate cases, we will negotiate a plea to lesser charges. Otherwise, we will prepare the case for trial and make prosecutors prove their case beyond reasonable doubt. Call them at (310) 557-1700 to set up a free consultation.

Guide To DUI And Security Clearance

DUI charges affect your security clearance. We offer a risk free evaluation of your case and the affects on your clearance.

How a DUI Affects Security Clearance

A single DUI will not, by itself, cause the loss of your security clearance but it could bring into question your judgment and reliability, and if supported by other evidence of character issues, could threaten your right to obtain or renew any confidential, secret, or top-secret clearance.

A [first-time DUI arrest][1] or conviction is typically a misdemeanor and will not lead to automatic revoking of your clearance. If it remains an isolated event, you shouldn’t have to worry about it, even when your security comes up for renewal. But a [pattern of DUI arrests][1] could indicate a broader problem of alcohol or drug dependency that would lead security officials to investigate further before issuing any clearance.

What Is a Security Clearance?

A security clearance is a license to access confidential or sensitive information and is required by the U.S. Department of State for individuals who deal with federal agencies law enforcement, the intelligence community, or government contractors. A security clearance is necessary to ensure that people who have access to sensitive information relative to the safety of the country are of good moral character and that there are no civil or criminal issues in their background that could compromise their loyalty.

What are the levels of security clearance?

The Bureau of Human Resources determines the level of clearance be granted depending on the duties and responsibilities of the position. There are three levels of clearance: top secret, secret, and confidential. In addition, there are two other classifications that are not designated officially as security levels but are often used for the handling of public information: Controlled Unclassified and Public Trust.

Can You Maintain a Security Clearance With a DUI?

Anyone applying for a security clearance must go through a process involving thorough background checks. And those who already have a level of clearance must get their license renewed periodically, after another review. A confidential level is renewed every 15 years, a secret level every 10 years, and a top-secret level every 5 years. Any DUI occurring during these periods will be part of these reviews.

If you are concerned about a background check and how a DUI arrest might affect your security clearance at your next review, you should contact the offices of the Los Angeles Defense Attorneys who can help you obtain or retain your clearance.

Will a DUI ruin a background check?

This is where a Los Angles Criminal Defense Attorney can help. During a background check process, you are given the right to defend your position if necessary. The attorneys can point out several factors that can show, despite your DUI, that you are of good moral character and not a security risk.

They can show you are an honest, responsible person who made a mistake in judgment.

Even if the review process results in a denial of your security clearance, your attorneys can handle an appeal process. You should use all legal options to protect your security clearance. Your job may depend on it.

Will a Dismissed DUI Affect Your Security Clearance?

You may think that you’re in the clear if you can get the DUI charge dismissed. While there may be no immediate penalties, a DUI stays on your record even if the charges are dropped and is visible during a background check by potential employers, Law Enforcement officials, or security clearance investigators. This could lead to further evaluation of your history to determine how you have conducted yourself since the DUI.

Will an expunged DUI show up on your security clearance?

There is a way to get your record expunged, according to California Penal Code 1203.4. Expungement means you have the original verdict of guilty withdrawn and charges are dismissed. In this case, you may say “no” to the question of ever having been arrested. There are some exceptions that are listed in Penal Code 1203.4.

Also, if your record for a DUI was expunged but you committed a second DUI within a ten-year period of time, your expunged DUI will be brought back and you will now be charged for a second DUI. This could lead to disciplinary measures from security clearance officials.

Will a DUI Disqualify You from Security Clearance?

The guidelines for security clearance identify several instances or conditions that would disqualify applicants from receiving a security license. A DUI could be a factor in at least five of those conditions:

How To Fight a DUI Charge

The time to contact us is right after you have been charged with DUI. We can help you fight the charges and keep the DUI off your record, so your security clearance is protected. Why invite questions during your next security review? Let us help keep your record clear.

There are many ways to challenge a DUI charge in California. The burden of proof is on the State to show a chain of events that add up to DUI. The State must prove:

The best way to protect your security clearance from a DUI is to get the charges dropped. An experienced attorney knows how. If you have been arrested for DUI and have a security clearance, contact the Los Angeles Defense Attorneys for a free consultation

Protect your security clearance. Tell your story to our legal team and find out how they can represent you in legal proceedings to get your DUI charges dropped.

Contact Attorney Daniel Perlman or Matthew Cohen today at the office of Los Angeles Criminal Defense Attorneys, (310) 557-1700.

Guide To Domestic Violence Penalties

A domestic violence charge can affect many different aspects of your life. Read more about the penalties and charges associated with a domestic violence charge.

Domestic Violence Penalties

California law defines domestic violence as the act of willfully inflicting physical force or violence upon a spouse or former spouse, cohabitant or former cohabitant, co-parent, fiancé(e), or someone with whom the offender has or previously had an engagement or dating relationship. The two main domestic violence crimes in California are Penal Code § 273.5 PC (corporal injury to a spouse) and Penal Code § 243(e)(1) PC (domestic battery), and you don’t have to know much about California law to know that the penalties for these violent crimes are serious.

Penal Code § 273.5 can be charged in any situation where a person “willfully inflicts corporal injury resulting in a traumatic condition upon a victim,” when the alleged victim falls into any of the categories mentioned above.

Penal Code § 243(e)(1) can be charged in any situation where a person commits a battery (any willful and unlawful use of force or violence) against a person who falls into any of the categories mentioned above.

There are other criminal charges you could face if you are involved in a domestic violence incident, such as Penal Code § 245 PC (assault with a deadly weapon), Penal Code § 240 PC (assault), Penal Code § 242 PC (battery), Penal Code § 422 PC (criminal threats), Penal Code § 273a PC (child endangerment), or Penal Code § 368 PC (elder abuse), among others.

Penalties for a Domestic Violence Conviction

Jail or Prison Time

The most serious penalty levied against a person convicted of domestic violence is imprisonment in county jail (for a misdemeanor offense) or state prison (for a felony offense). Any person found guilty of violating Penal Code § 273.5 faces imprisonment in California state prison for two, three, or four years, or in county jail for no more than one year.

Any person found guilty of violating Penal Code § 243(e)(1) faces imprisonment in county jail for no more than six months. A domestic violence conviction may also result in probation, which consists of its own requirements, mandatory participation in a batterer’s counseling program, and a court order (restraining order) protecting the alleged victim from violence.

Fines and/or Victim Restitution

The fines associated with domestic violence charges can be substantial, depending on the type of charge and the defendant’s criminal history.

For instance, the fine for a charge of inflicting corporal injury on a spouse is up to $6,000 for a first offense, while the fine for a domestic battery charge is up to $2,000. For a second or subsequent offense, the associated fines are increased. In addition to court fines, individuals convicted of domestic violence crimes may also be required to pay restitution to the alleged victim and/or make payments to a battered women’s shelter.

Loss of Certain Rights

A domestic violence conviction may also have severe collateral consequences that can adversely impact your personal and professional life for years to come. If you are convicted on felony charges of domestic violence, you could lose your right to vote, own or possess a firearm, pursue higher education, gain certain employment, serve in the military, or obtain a professional or business license.

A domestic violence conviction can also have adverse immigration consequences for non-U.S. citizens, possibly including deportation or inadmissibility to the United States. If you are involved in a custody dispute, you could even lose custody of your children upon conviction.

Criminal Record

If you are convicted of a Los Angeles domestic violence crime, the conviction will go on your permanent record and will appear any time someone does a routine background check on you. This can pose a serious problem when it comes to obtaining housing, employment, state licensing, loans, or other benefits. Furthermore, a prior conviction for domestic violence can be used to enhance the criminal penalties you may face for any subsequent criminal offenses.

Felony vs. Misdemeanor Domestic Violence Crimes

A person arrested for domestic violence in Los Angeles may ultimately be charged with a felony or misdemeanor crime, depending on several different factors, such as the nature and severity of the alleged offense. A felony is the most serious type of criminal offense in California and the consequences of a felony conviction are far more severe than a misdemeanor.

Take, for example, the criminal sentencing associated with felony and misdemeanor crimes in Los Angeles. Individuals convicted of felony domestic violence offenses can be sentenced to several years in a California state prison, while misdemeanor offenses are punishable by up to one year in county jail.

Some domestic violence offenses, like Penal Code § 273.5 PC, are always charged as felonies, while others, like Penal Code § 243(e)(1) PC, may be charged as misdemeanors. Some California domestic violence crimes are “wobblers,” which means the prosecutor can choose to charge these crimes as misdemeanor or felony offenses based on the facts of each individual case.

Typically, the decision to pursue misdemeanor or felony charges for a domestic violence crime is made at the time the prosecution charges the offense. However, some domestic violence cases that start out as felonies can be reduced to misdemeanors, if the facts of the case warrant a more lenient charge.

An experienced criminal defense attorney may be able to get a felony domestic violence crime reduced to a misdemeanor, if the offense is a wobbler.

How Our Los Angeles Criminal Attorneys Can Help

The penalties associated with domestic violence offenses can cause lifelong challenges for convicted offenders. Unfortunately, even if you didn’t do anything wrong, simply being accused of a domestic violence crime can have a lasting negative impact on your life. False accusations of domestic violence are far more common than you might think, and the stigma surrounding domestic violence allegations means innocent people can suffer the adverse effects of domestic violence charges without ever having committed a crime.

If you have been charged with a domestic violence offense in Los Angeles, do not hesitate to retain an experienced criminal defense attorney to protect your rights and build the strongest possible defense against the charges.

Domestic violence penalties in California can be harsh and long-lasting. Having a knowledgeable domestic violence defense lawyer on your side can significantly improve your chances of obtaining a favorable outcome in your case.

Guide To DUI And Immigration

DUI charges affect your immigration status. We offer a risk free evaluation of your case and the affects on your immigration status.

How a DUI Affects Immigration

Can you be deported for a DUI crime in California? While the courts have shown that a “normal DUI” does not directly affect immigration status, there are situations where certain kinds of DUI or DUI combined with other crimes can affect an immigrant’s ability to stay in the U.S. or re-enter after leaving.

Ways a DUI affects immigration status

Under normal circumstances, a non-U.S. citizen will not face deportation as a result of a simple DUI. However, DUI with drugs (DUID), DUI with a child in the car, multiple DUIs, or a combination of criminal convictions can lead to several immigration penalties.

These includes possible deportation, denial of citizenship, and inadmissibility to the U.S.

Inadmissibility means the immigrant may not become a U.S. citizen, may not re-enter the country after leaving, apply for permanent residence (green card), or change status from illegal to legal.

What crimes are eligible for deportation?

Serious crimes can result in deportation. Aggravated felonies, as defined by the federal government, qualify as serious crimes. So do crimes with controlled substances (drugs) and those involving knowing child neglect. A DUI with a child in the car is not by itself a violation of this magnitude, and that’s where a Los Angeles Criminal Defense Attorney can help an immigrant fight such a charge.

Another category of crime that can affect immigration status is “crimes of moral turpitude,” (CIMT). The legal definition of this crime is somewhat open to debate, but in general, it is typically crimes of violence or crimes of fraud and are “shocking” in nature. They are crimes against the social norm.

One element of the CIMT crime is specific intent. That means that simple DUI for drunken driving is not this type of crime because there was no specific intent to commit a crime or punish anyone. However, if you are driving under the influence and know that the act is dangerous to human life or you act that way with disregard for others’ safety, then you could be guilty of such a crime. And conviction for it would make you both deportable and inadmissible.

What are inadmissible crimes?

Can a DUI stop you from becoming a U.S. citizen? Certain crimes can keep a person from lawfully entering the U.S., becoming naturalized (U.S. citizen), or obtaining a green card. These include drug crimes, two or more crimes that add up to 5 or more years in prison, crimes of “moral turpitude” within 5 years of entering the U.S., and any crimes that show a lack of good moral character.

Can a DUI affect a green card application?

Basically, to obtain a green card for permanent residence in the U.S., you have to show that over the past five years that you have demonstrated good moral behavior. Driving under the influence of drugs or alcohol will be a problem for you – as will any of the other crimes listed above.

If you do have a misdemeanor DUI on your record, contacting a Los Angeles Defense Attorney may be able to help you improve your chances to get a green card by showing you how to demonstrate good moral behavior, perhaps by getting involved with community service or doing some other kind of volunteer work.

How does DUI affect application for citizenship?

You may be interested in filing form N-400 (Application for Naturalization) and are worried that a DUI may prevent you from completing the process.

[If the DUI is serious enough and/or it involved drugs, then you will have a difficult time applying for citizenship.][2] In fact, your green card could be revoked and you could be deported. It would be helpful to consult a Los Angeles Criminal Defense Attorney for citizenship application advice and assistance.

A DUI can expose unlawful presence for an illegal immigrant

Can an illegal immigrant get deported for a DUI? The answer is it depends on the situation. But no matter what the answer is, the DUI charge brings up another problem for the immigrant: the discovery of unlawful presence. The DUI record provides information that can help the U.S. Citizenship and Immigration Services Department locate an illegal immigrant. There are many other factors besides DUI that can lead to deportation, and being exposed to the USCIS can make it easier to implement removal proceedings.

How can a Los Angeles Criminal Defense Attorney help an immigrant with DUI?

The Los Angeles Criminal Defense Attorneys, experienced in all aspects of Immigration Law, will help you prepare a proper defense that includes services directed to the cancellation of removal proceedings, obtaining a green card, keeping you in the U.S., helping you qualify for citizenship, and if necessary, cancelling removal proceedings.

In addition to disputing any allegations made against you, an attorney can help show the positive side of your character and the favorable factors that a judge will consider on your behalf.

These factors may include the length of time since the incident occurred, the lack of a serious crime, your recent rehabilitation, your family ties in the U.S., any hardship that would result from your deportation, and the value you are providing to the community. As an immigrant with a DUI charge, it is in your best interests to have a Criminal Defense Attorney represent you for the best outcome possible.

We Offer a Risk Free Consultation for a DUI Affecting Immigration

Contact Attorney Daniel Perlman or Matthew Cohen at Perlman & Cohen, (310) 557-1700.

Guide For Navigating Rape Charges1

Rape charges are serious. Our top rated attorneys can help you navigate your case. View our guide for defense.

Los Angeles Rape Attorney

A person accused of rape in Los Angeles has a serious problem. After murder, rape is one of the most publicized crimes in the local media. Many neighbors, family and friends will likely learn of the charges.

A conviction for rape in California leads to years in state prison. It also means registration for life as a sex offender. Yet, many innocent people are accused of rape. Those people need experienced Los Angeles rape attorney to defend them.

A person charged with rape, or who is being investigated for rape, should hire a Los Angeles rape attorney as soon as possible to protect their rights and lay the groundwork for a successful defense against the rape charges.

What is a Rape in California?

California Penal Code 261 PC defines rape as when:

We should note that until recently, there was a separate section of the penal code that dealt with spousal rape (California Penal Code 262 PC). However, the legislature repealed that section in October 2022. Now spousal rapes are handled as rapes under Penal Code 261.

The question of whether the victim consented to the sexual assault is often present in rape prosecutions. In order to convict someone of rape in California, the prosecutor must prove that the victim did not consent to the sexual intercourse at the time the sexual intercourse occurred.

Therefore, a victim could conceivably indicate at some point that she was willing to have intercourse. However, she could later change her mind. If the penetrator then forces the victim to have intercourse, knowing she had changed her mind, the police could charge the penetrator with rape.

Moreover, under California law, certain people cannot consent to sexual intercourse. For instance, intoxicated people cannot give consent to sexual intercourse.

Lastly, under the California Penal Code, there is no requirement for a victim to resist or fight back during unlawful sexual intercourse.

Defenses to the Charge of Rape

There are several defenses to the charge of rape a knowledgeable Los Angeles criminal defense lawyer can assert.

Evidence of consent might consist of text messages or emails exchanged by the couple after the sexual intercourse.

Penalties for Conviction of Rape

In California, rape is a felony. Conviction on a charge of rape carries up to an eight-year state prison sentence.

Certain circumstances present in the rape case can add time to the state prison sentence.

Statutory Rape

California Penal Code 261.5 addresses statutory rape. Under that provision, statutory rape occurs when any person has sexual intercourse with a minor under the age of 18.

Defenses to a Charge of Statutory Rape

One defense to a statutory rape case is that defendant had a good faith, reasonable belief the minor victim was of age.

Contact Perlman & Cohen

Experienced Los Angeles criminal lawyers can assist persons charged with rape vigorously fight the charges. A good criminal defense attorney in Los Angeles will hold the prosecution to the high standard of proving their case beyond a reasonable doubt. Daniel Perlman and Matthew Cohen are experienced Los Angeles criminal defense lawyers at Perlman & Cohen.

If you or a loved one have been charged with rape, they will investigate the incident, get all relevant police reports and records, interview witnesses (if any) and prepare your case for trial. In appropriate cases, they will negotiate a plea to lesser charges from a position of strength. Call them at (310) 557-1700 to set up a free consultation so they can help you fight the charges and protect your rights.