A man who crashed his car into an SUV in Southern California, killing the driver of that SUV, while fleeing a residential burglary, pleaded no contest to first-degree murder and burglary and was sentenced to 50 years to life in state prison.
The men involved in the burglary were implicated in a residential burglary where a witness called 911 after seeing two of the three men involved kick down a door of a home while another waited in the getaway car. When sheriff deputies spotted the getaway car, a police pursuit ensued and the car ultimately crashed into an innocent driver in an SUV. The driver of the SUV was pronounced dead at the scene.
Now, you might be thinking to yourself, “how can this guy be charged, and convicted, of murder? He never meant to kill anyone.” Well, in California, we have the felony-murder rule which makes a defendant guilty of murder if he/she or a fellow co-conspirator kills a person while committing certain felonies, even if the killing was an accident. Generally, someone is only guilty of murder if there intent to kill or someone acted with reckless disregard for human life. The felony-murder rule allows for a murder charge even when there is no intent or reckless disregard. The underlying felony must be one that is listed in California’s first-degree murder law (for first-degree felony-murder) or one that is “inherently dangerous” (for second-degree felony-murder).
As with all first-degree murder charges, first-degree felony-murder is punishable by 25 year to life in California state prison, life in state prison without the possibility of parole, or the death penalty.
If you, a friend or family member is facing a charge of murder, felony evading, resisting arrest, fleeing, burglary, home invasion or any other criminal charge in Los Angeles, contact attorney Ross Erlich as soon as possible. Opening lines of communication with the district attorney during the early stages of the case can oftentimes be beneficial for the client. Additionally, there may be the need to conduct our own investigation and preserve any surveillance footage, recordings, witness statements or other items to be used at a later date.
These felonies are often charged in the Los Angeles Criminal Courts Building (CCB), Van Nuys Courthouse, Airport Courthouse, Pasadena Courthouse, San Fernando Courthouse, Long Beach Courthouse and other courts throughout Orange County and San Bernardino County.
LAPD has arrested a 30-year-old man in connection with a string of residential burglaries after they connected him to a phone number that was used to call the homes before the break-ins.
LAPD investigators are alleging that this suspect broke into 18 homes in the San Fernando Valley, calling them first to make sure that no one was home. In fact, investigators say that they initially started investigating this suspect and found that his phone number was the same one used in calling a previously burglarized home several times prior to the break-in.
The Los Angeles County District Attorney’s office has charged this suspect with 18 counts of residential burglary and he is being held on $500,000 bail.
If you have been charged with residential burglary in Los Angeles, it is crucial that you consult an attorney prior to going to court. Residential burglary is also known as first degree burglary in California and can bring up to 6 years in state prison and a strike under California’s Three Strikes Law. Residential burglary is also the most serious type of burglary in that prosecutors and the law favors punishment for someone breaking into someone’s home or residence and committing a felony therein.
However, there are many defenses to residential burglary that may be relevant to your case and need to be communicated effectively to a prosecutor. Examples may include mistaken identity, lack of intent to commit a felony prior to entering or even that the items you took actually belonged to you.
If you have been charged with burglary in Los Angeles County, contact attorney Ross Erlich for a free in-person case consultation. Our office is available by phone 24/7 and can assist in securing bail bonds.
Attorney Ross Erlich handles all felony and misdemeanor matters in Los Angeles, Hollywood, Santa Monica, Beverly Hills, Downtown LA, Long Beach, East Los Angeles, Culver City and the San Fernando Valley.