California Criminal Lawyers Blog

As Garden Grove domestic violence criminal defense attorneys, we were disappointed to see an article on serious domestic violence charges against an ex-policeman. James Roberts III, 34, pleaded not guilty Nov. 30 to 20 charges stemming from violence against the women in his life, according to the Huntington Beach Independent. Roberts was an officer with the Huntington Beach Police Department during the alleged assaults against his former wife and an alleged former mistress. He was arrested in September of 2009 and placed on administrative leave until he was fired in April of this year. He is accused of domestic battery, false imprisonment, criminal threats, vandalism, aggravated assault, rape, forcible sodomy and possibly more. If convicted on all counts, he could be sentenced to as many as 23 years in prison.

Neither woman is being identified due to the sexual assault charges. However, the newspaper reported on testimony by the ex-wife about the violence he allegedly committed against her in 2007 and 2008. After a confrontation over her texting other people became violent, she said, she fled to the guest room and tried to brace the door shut with her body. She said Roberts overpowered her, breaking the door down and knocking her onto the ground with his force, hurting her face. She then tried to run to their son's room, but couldn't get the door closed fast enough to keep Roberts out. She testified that he then grabbed her by the hair and raped her on the floor of the room. A defense attorney for Roberts also testified, saying a bruise on the woman's arm contradicted her previous testimony and that she had sent messages to Roberts suggesting she wanted to reestablish a relationship.

As Chino domestic violence criminal defense lawyers, we find that many people aren't aware that it's legally possible to rape your spouse. In fact, the California criminal code contains language specifically indicating that sexual assault against someone you are married to is still sexual assault and carries the same penalties. However, of course, the prosecution must still prove that the act was sexual assault, which may be why the criminal defense attorney for Roberts is introducing the messages between them into evidence. As with many domestic violence cases, much of the conduct described in the article likely happened without other witnesses, so defense lawyers must show consent or a romantic relationship through circumstantial evidence. The photograph of the bruise on the woman's arm may also help establish that her testimony is not trustworthy, if that testimony contradicts the physical evidence.

Continue reading "Former Officer Pleads Not Guilty to Domestic Violence Against Wife and Mistress" »

A recent story out of Canada caught the attention of our Orange County domestic violence criminal defense attorneys. According to the CBC, a man from Orange County is being held in a Manitoba prison for repeated assaults on his live-in girlfriend in the province. Eric Gunderson, 24, of Newport Beach had allegedly been in Canada illegally for some time and was living with the 29-year-old victim, whose name was not released. He is facing six counts of assault with a weapon, one count of assault, one count of arson with disregard of human life and two counts of threats against the woman, as well as one count of willful damage to the home the two were sharing in Virden, Manitoba. In addition, Gunderson faced immigration charges under Canada' Immigration Refugee Protection Act. It was unclear what penalties he faced, but he was scheduled to appear in court Nov. 18.

The CBC said Gunderson met the woman online in May of 2010 and eventually moved in with her. The relationship had apparently deteriorated before Nov. 7, when the police were called to the couple's home on reports of domestic abuse. The incident allegedly started the night before, when Gunderson demanded money from the woman to buy alcohol. She gave it to him, but between midnight and 7 a.m., police allege he repeatedly assaulted her. In addition to physical violence, he reportedly threw a can of cayenne pepper in her face and threatened her with a knife. He is also accused of trying to destroy the home by setting a corn broom on fire and throwing it in through a broken window. The woman put out the fire before it spread, but neighbors called the police to report that Gunderson was destroying the house. They found him in an alley about a block away.

As Riverside domestic violence criminal defense lawyers, we were interested to see that Gunderson seems to be facing the same kind of charges that he would face if he were accused of assaulting a stranger, not charges specific to domestic abuse. However, if this incident had taken place here in California, Gunderson would be facing charges specifically intended for domestic violence situations -- and they would likely be more serious than comparable non-domestic assault charges. Depending on how seriously the woman was injured and whether he used weapons, Gunderson could face anything from probation up to 28 years in prison on the seven domestic assault charges. The threats, arson and vandalism could add more time -- especially the arson, which carries up to nine years in prison. Moreover, Gunderson would likely face high fines; a protective order keeping him away from the woman; anger management classes; restrictions on his right to own a gun ; and two or more "strikes" under California's three-strikes law.

Continue reading "Newport Beach Man Arrested in Canada for Domestic Violence on Winnipeg Girlfriend" »

Our Cypress domestic violence criminal defense attorneys were interested to see a recent item about the arrest of the adult daughter of Huntington Beach's police chief. Jennifer Sue Small, 31, was arrested by the Orange County Sheriff's Department for stabbing her husband, 33, in the chest at a hotel. The wound is not considered life-threatening. The sheriff's department declined to name the husband because he is a victim of domestic violence. Small is the daughter of Chief Ken Small of the Huntington Beach police department, who said his family has struggled with his daughter's domestic violence history for many years. He told the Orange County Register May 25 that he expects no special treatment for his daughter.

The arrest of the younger Small came after deputies responded to a call about domestic violence at a Midway City hotel early Monday. No charges have yet been filed, but Small was arrested on suspicion of assault with a deadly weapon and inflicting injury. They are the latest in a list of legal problems Small has faced in the past five years. Between 2005 and 2009, she pleaded guilty to public intoxication three times, trespassing twice, one DUI and one count of battery of a peace officer. Other charges against her did not result in a guilty plea. In 2006, a court dismissed two charges of misdemeanor child abuse and endangerment against Small, as well as one misdemeanor count of possession of a controlled substance. Also in 2006, Small pleaded not guilty to misdemeanor corporeal injury on a spouse and misdemeanor vandalism. Those charges were later dismissed.

As Yorba Linda domestic violence criminal defense lawyers, we're interested in this case in part because it turns the usual assumptions about domestic abuse and gender upside down. We're not exactly happy that both men and women can be charged with domestic violence, but we do believe it's a point worth repeating, because many people don't believe women are ever charged. In fact, that was true in many states until fairly recently. These days, when the couple presents conflicting stories, some officers still automatically take the woman's side, despite the fact that the law is officially neutral. In this case, however, it's difficult to imagine deputies ignoring a chest stabbing. Small's history of legal problems, including spousal abuse and child abuse charges, may also have been a factor.

Continue reading "Daughter of Huntington Beach Police Chief Arrested for Domestic Violence Stabbing" »

Our Los Angeles County battery defense attorneys wrote a few months ago about the battery case against actor Sean Penn. Penn, an award-winning actor known for his short temper with the paparazzi, was charged with misdemeanor battery and misdemeanor vandalism for a confrontation he had with a photographer. The incident was widely reported in the celebrity press and could have led to up to 18 months in jail for Penn. Rather than fight the charges, Penn pleaded no contest May 12 to misdemeanor vandalism, People magazine reported. He was sentenced to three years of probation and 36 hours of anger management classes, as well as 300 hours of community service.

The incident took place outside the Brentwood Country Market, in a wealthy neighborhood of Los Angeles. In the video, Penn can be seen walking quickly toward the photographer and kicking at him. It's unclear whether the kicks connected, but the photographer claimed he suffered physical harm and damage to his camera. Reports said Penn can be heard ordering the photographer to "get the [expletive] out!" The penalty of three years of probation means Penn must avoid any similar incidents or risk time in jail. This has historically been difficult for the actor, who has a previous misdemeanor conviction for assaulting a paparazzo as well as a misdemeanor domestic assault conviction. Penn is also known for his social activism, and the article said his 300 hours of community service can be performed through his relief organization for Haitian earthquake victims.

As Newport Beach battery criminal defense lawyers, we're pleased to see that the battery charge against Penn has disappeared. In our previous post, we wrote that it wasn't clear whether Penn's kicks ever connected with the photographer, which is necessary to support a charge of battery in California. (By contrast, Penn could have been charged with assault, which requires no physical contact.) It's also not clear from the video whether Penn connected with the camera, causing the alleged vandalism. But that charge was the less serious of the two, making it a clear choice for a plea bargain. Misdemeanor vandalism carries up to a year in jail, fines and cleanup or restitution charges, so three years of probation is a relatively light sentence. A hearing June 8 will determine whether and how much Penn will pay in restitution, presumably for the damage to the camera.

Continue reading "Sean Penn Ordered to Anger Management Classes in Paparazzi Battery Case" »

A recent piece of news from the celebrity press caught the eyes of our Los Angeles County battery criminal defense lawyers. According to a Feb. 20 article from the Los Angeles Times, actor Sean Penn has been charged with two misdemeanors that stem from a run-in he had Oct. 12 with a photographer. The incident was captured on video by another photographer and broadcast on TV and the Internet by celebrity gossip site TMZ. If convicted of misdemeanor battery and misdemeanor vandalism, Penn, the award-winning star of "Milk" and "Mystic River," faces up to 18 months in jail. He will be arraigned March 22.

Video of the incident is widely available online:

The video clearly shows Penn approaching the photographer and kicking at him, while yelling "Get out!" As the incident wore on, the paparazzo retreated and the person operating the video camera got into his or her car, obscuring the view of the remainder of the incident. However, the photographer's attorney now claims he was badly hurt enough to require surgery. The charges from the Los Angeles County District Attorney's office are battery and vandalism, which means Penn is being accused of physically touching the paparazzo, and with damaging his camera. Penn has a history of bad relations with the paparazzi, having been criminally charged twice in the eighties for attacking strangers who tried to photograph him. He also received a suspended sentence for punching someone at a nightclub who he thought had kissed his then-wife, Madonna.

Judging by the video and the facts in the article, our Newport Beach battery criminal defense lawyers think Penn has a good chance of defending himself. The video certainly shows that Penn approached the paparazzo and yelled at him, but it never clearly shows a punch or a kick connecting. This is important when the charge is battery, because battery is the crime of force or unwanted touching -- not just threats. The video may show damage to the camera, when Penn forces the photographer to back into a car, but again, the video is not as clear as prosecutors might want. The previous convictions in the article are more than 20 years old by now. And of course, jurors may sympathize with Penn, who has repeatedly criticized the paparazzi and their routine invasions of targets' privacy.

Continue reading "Sean Penn Charged With Battery and Vandalism for Attacking Paparazzo" »