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Category: Burglary

Pepper Spraying Children?

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Police say that robbers pepper sprayed 2 children and pistol-whipped an adult during a home invasion in Rancho Cucamonga.  The robbers allegedly held the family at gunpoint and then left with some of the property from the house.

Assuming these suspects get caught apprehended, they are looking at some very serious charges.  First off, robbery.  Robbery is the “felonious taking of personal property in possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.”  This includes the most well-known version of someone “sticking up” someone on the street and taking their property, but also extends to home burglaries that turn into robberies when their are people inside and the perpetrators threaten them with force if they cannot escape and drugging someone and stealing their property while they are unconscious.

In this case, this would be first-degree robbery as this robbery took place in an inhabited structure.  Thus, the penalty range for this is 3, 4, or 6 years  in state prison, assuming no other charges or enhancements/special allegations.  However, if you have committed robbery in an inhabited structure with 2 or more co-conspirators, that range goes up to 3, 6, or 9 years.

Where the custody time significantly increases is when sentencing enhancements are added to the underlying charge.  Examples of this are when great bodily injury is caused during the commission of the crime, if a firearm is used in the robbery and if a firearm is discharged or causes great bodily injury during the robbery.

One of the hardest elements for the prosecution to prove, and thus, one of the most significant defenses, is the element of using force or fear to take the property.  It is crucial for prosecutors to establish this element since if they don’t, robbery charges won’t likely stick.  The defendant might be guilty of another theft crime, but likely not one as significant as robbery.  Other defenses include the honest belief that you had a right to the property, you are the victim of mistaken identity, or you have been falsely accused.

If you or a loved one has been charged with robbery, burglary, grand theft or any other felony in Los Angeles, contact Los Angeles criminal defense lawyer Ross Erlich today.  Getting Ross Erlich involved in the case early can have tremendous benefits for the client and can help to actually lower the financial cost of the case.  Los Angeles criminal defense lawyer Ross Erlich works closely with bail bondsmen who can offer beneficial rates to clients and are available 24 hours a day, 7 days a week to assist.

Being charged with robbery is an extremely serious event in someone’s life.  It is one of the most serious felonies and one that all prosecutors in the District Attorney’s office take seriously.  It is crucial that your attorney have enough time to prepare for court, deal with any case-related matters prior to the first court date, and have time to contact the prosecutor’s office.  Do yourself, or your loved one, a favor and do things the right way the first time so that you don’t have to try to go back and correct things, which almost never work out.  Call a lawyer right away, get good representation, make sure you cooperate with your lawyer and bring to light any and all relevant factors that pertain to the case.

Contact Los Angeles criminal defense lawyer Ross Erlich today for a free consultation.

Mental Health In County Jails And California’s Mental Health Diversion Program

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One thing that any criminal defense lawyer in Los Angeles or any other southern California community knows is that the area’s county jails have become the largest mental health provider in each respective county.  You can trace this back some 50 years to the closing of many mental health hospitals, but the fact is, county jail is the de facto treatment center.

In the local southern California counties, the mentally ill inmate population has been on a steady incline over the years.  The percentage of inmate with some identifiable mental health issue is up to 25% in San Bernardino County, 30% in Orange and Los Angeles Counties and up to 45% in Riverside County.

While county jail is not the preferred place to treat the mentally ill, counties are at a loss when it comes to resources and the ability to divert mentally ill persons who may commit crimes, many of those crimes a result of their mental illness.  There have been numerous lawsuits against county jails that arise out of unhealthy conditions, cramped and crowded environments, being kept in isolation, and lack of supervision, therapy and appropriate medication.

As a result of these lawsuits and their settlements, Los Angeles County has given their jail deputies better training for handling and identifying mental health issues and suicidal risks, removed certain suicide hazards from housing areas and have improved the wait time for new at-risk inmates to be screened.

Los Angeles County will also be replacing the old and outdated Men’s Central Jail with a new facility that will be focused on mental health and run by the county health department.

One other option if you or a loved one suffers from a mental illness and has been charged with a crime in Los Angeles County is the county’s (relatively) new mental health diversion program in the courts.  This program has been codified in California Penal code section 1001.36.

This diversion allows judges the discretion to help criminal defendants who suffer from a mental illness to obtain treatment in lieu of the more traditional penalties such as jail or state prison and convictions on their criminal record.

Some key points of this diversion program are that it applies to both misdemeanors and felonies and it can be implemented at any point during the criminal proceedings, until trial.  Additionally, the treatment must meet the accused’s needs, it may be obtained through private or government funds, it must provide the court regular progress reports and it can last no longer than 2 years.  If a person is successful with mental health diversion, their criminal cases will be dismissed and the arrest record will be sealed for most purposes.  It will almost be as if the arrest never took place.

In order to qualify for mental health diversion, all of the following must be met:

  • The defendant must show that they suffer from a mental health disorder
  • The disorder must have played a significant role in the commission of the crime
  • A qualified mental health expert must give the opinion that the defendant would respond to mental health treatment
  • The defendant must consent to the mental health treatment
  • The defendant must agree to comply with treatment as a condition of diversion
  • The court must believe the defendant will not pose an unreasonable risk of danger to public safety

If you or someone you know suffers from a mental illness and has been charged with a crime in Los Angeles County, Orange County, San Bernardino County or Riverside County, contact Los Angeles criminal defense lawyer Ross Erlich today for a free consultation.

Thief Steals A….Cheese Grater

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A Floyd County, Kentucky man is blaming a spike in local drug use for an odd burglary his own cousin allegedly carried out at his home.

“Who steals a cheese grater?” burglary victim Mason Tackett asked. “He’s got the works…Lysol… he stole an empty bottle of spray,” he continued. “What got me the most was my soap. He stole my soap! Who steals soap!?

Neighbors said they saw Tackett’s cousin Phillip Matthew Hagans carrying items from his house.

“When I finally got down here to the house to look and see what happened the door was standing wide open,” said Tackett. “It look like he was packing up for a yard sale when he come out.”

That is when Tackett confronted Hagans.

“He was lying, throwing his hands. Saying stuff like ‘I didn’t do it, I didn’t do it.’ You know how rogues do,” said Tackett. “Blame it on everybody else.”

Then things got dangerous.

“He did pull a gun on me when I got back around the house,” said Tackett. “I guess he thought I was upset with him.”

Locals and authorities in Kentucky reportedly believe meth use is on the rise in the area leading to an uptick in crime.

Yikes.  If you or someone you know have been arrested for a theft crime in Los Angeles, contact attorney Ross Erlich now for a free case consultation.  Theft crimes oftentimes have some kind of explanation – addiction issues, financial struggles or mental health problems.  Each of those can, oftentimes, assist in the defense and resolution of your case.  If you have been arrested for theft in Los Angeles, it is crucial to consult with an attorney before you speak to law enforcement and/or whichever prosecuting agency is handling your case.

Contact our office today to know your rights and defenses.

“Boy Meets World” star foils burglary

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The actor who played “Mr. Feeny” on the ABC sitcom “Boy Meets World” thwarted an attempted burglary at his San Fernando Valley home on Tuesday.

William Daniels and his wife were in their home Saturday night at about 9:20 p.m. when someone tried to kick in the back door, as was reported.

Daniels jumped up, turned on the lights and scared off the intruder, TMZ reported.  Police believe the attempted burglary at Daniels home was a random act and not tied to the string of recent celebrity break-ins across the city, TMZ reported.

Home burglary is a serious offense in Los Angeles.  It is even more serious if the home was occupied at the time of the burglary or attempted burglary.

Burglary (California Penal code 459) is defined as “entering any residential or commercial building or room with the intent to commit a felony or a theft once inside.”  A person does NOT need to actually commit the felony or theft once inside, it is sufficient that they simply entered with the required intent.

First-degree burglary is the burglary of a residence.  Since someone’s home is their “castle”, the law punishes, more significantly, the burglary of a residence.  First-degree burglary is a felony that is punishable by 2-4-6 years in state prison.  Additionally, a conviction for first-degree burglary counts as a “strike” for California’s Three Strikes law.

There are a number of reasons why you, or someone you know, may not have committed an actual burglary or may be guilty of some other, lesser, charge.  If you did not have the required intent to commit a theft or felony while in the structure, if you were mistaken as to where you were entering, if you were trying to retake items that were lawfully owned by you.

If you or someone you know has been charged with burglary, contact Los Angeles criminal defense attorney Ross Erlich as soon as possible.  Remember, facts of the case are important and they always differ between each case.  No two cases have the same set of facts, so call us today for your free case consultation.   Ross Erlich handles burglary cases in all courts throughout Southern California, including Airport Court, Van Nuys Court, San Fernando Court, CCB, Pasadena Court, and San Bernardino county

50 Years State Prison for Fatal Police Pursuit Under California’s Felony-Murder Rule

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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.

Two Arrested In Connection With Burglary Of Miley Cyrus’ House

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A man and a woman were arrested Thursday in connection with the theft of Miley Cyrus’ Maserati and other valuables taken from her home.  The pair were arrested while at a local coffee shop in North Hollywood.

Police seized the pair’s vehicle, which, allegedly, contained valuables and other items that were suspected of being stolen property.  LAPD detectives started investigating the pair after receiving numerous tips and leads about the burglary of Miley Cyrus’ residence.

Police recovered the Maserati earlier this week when they found it abandoned on a street in Simi Valley.  Jewelry and other valuables were taken from the home, in addition to the Maserati.

The pair were booked on suspicion of residential burglary and bail set at $50,000.

If you or someone you know has been arrested, or is being investigated for, residential burglary or theft in Los Angeles, contact attorney Ross Erlich ASAP.  Prosecutors and law enforcement take residential theft crimes very seriously and the penalties for these crimes reflect that seriousness.

As opposed to commercial burglary or petty theft, residential burglary is always a felony and may otherwise be known as first degree burglary.  Penalties can include up to 6 years in state prison and is considered a strike under California’s Three Strikes law.  For a full definition of California’s Penal Code section 459, click here.

Keep in mind that the facts of the incident often play a very large role in what legal defenses may be available to you or in getting the charges reduced or dismissed.  Often times there mistaken identity issues with alleged eyewitnesses, maybe there was a lack of intent to steal, maybe the items belonged to you or maybe you even believed these items were given to you by the rightful owner.

Again, if you are facing burglary, residential burglary or any other theft charge in Los Angeles, Airport Court, CCB, Pasadena Court or East Los Angeles Court, contact our office 24/7 for a free case consultation.  Attorney Ross Erlich knows how to resolve theft cases to avoid having a moral turpitude conviction on your permanent record, possibly through a civil compromise.  Ross Erlich handles all theft, burglary and robbery charges in Los Angeles, Hollywood, Beverly Hills, West Los Angeles, North Hollywood, East Los Angeles, and all over Southern California.

Man Arrested In String Of San Fernando Valley Burglaries

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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.