California Criminal Lawyers Blog

Last week, our Whittier vandalism criminal defense lawyers wrote about a man who pulled a shotgun on a man who had come to repossess his car. This week, a Tustin man made headlines by creating an 11-hour standoff with police over the repossession of his car. According to the Orange County Register, Bernard Veldhuizen, 46, was to be arraigned Aug. 13 on charges of felony vandalism stemming from the incident that led to the standoff. Veldhuizen is accused of intentionally ramming a rented U-Haul truck into a tow truck that had come to take his own car away. After that incident, Veldhuizen shut himself inside his Tustin home for hours as a SWAT team surrounded it. He eventually emerged, unarmed and shirtless, and nobody was harmed, but sheriff's deputies evacuated nearby homes and closed streets to be careful.

According to neighbors and friends, Veldhuizen, a painter, had recently suffered from a string of financial and personal problems. In addition to the vehicle repossession, a neighbor said Veldhuizen had recently been served with an eviction notice. Police records also show that he had been arrested July 29 for making criminal threats and brandishing a weapon. A former roommate of two years told the newspaper that he moved out after Veldhuizen became increasingly agitated and unfriendly; a neighbor said he had gotten "unstable." On Tuesday evening, firefighters responded to a call and discovered someone burning trash in the home's back yard. This was followed by the U-Haul ramming incident on Wednesday at 2:48 a.m. It was unclear how he came to barricade himself inside the home, but crisis negotiators worked for 11 hours to get him out before he finally walked out voluntarily around 1:30 p.m.

As Corona vandalism criminal defense attorneys, we're interested in the choice to charge Veldhuizen with felony, rather than misdemeanor, vandalism. In California, the penalty for vandalism changes according to how much damage was done, but most first vandalism charges are still misdemeanors. There are exceptions -- such as vandalism of a grave or house of worship -- but they don't seem to apply to this case. Outside of those circumstances, the most common way for a vandalism charge to be a felony is for the defendant to have a previous record of vandalism or other crimes. In this case, Veldhuizen's previous charges for brandishing and criminal threats could be the cause. However, we suspect both sets of charges may actually stem from Veldhuizen's financial problems and understandable emotional upset. We hope the courts take this situation into account when they judge his behavior.

Continue reading "Man Involved in Police Standoff Over Repossessed Car Faces Felony Vandalism Charge" »

As Anaheim criminal defense attorneys, we were interested to read an article about an incident that resulted in no injuries, but $1 million bail. The Orange County Register reported July 20 that two 18-year-olds were arrested Monday on suspicion of blowing up plastic bottles at the Irvine Spectrum mall. Jason Mathewes and Kyle McCann, both of Mission Viejo, were being held in Orange County Jail in lieu of the $1 million bail. It was not clear what charges they faced, but California law makes it a felony to possess an explosive device in a public place, as well as to set one off with the intent to injure, terrify, intimidate or destroy property. Those crimes carry two to seven years in prison. The young men were scheduled to be arraigned July 21.

The article said Irvine Spectrum security guards called Irvine police late on Monday, after noticing some young men setting off the explosions in water bottles. The bottles were placed in outdoor areas of the shopping center. Irvine police said the devices were made of "household chemicals" mixed in water bottles, but did not say which ones or how powerful they were. No one was hurt in the incident. However, the police called the bomb squad for the Orange County Sheriff's Department to remove the devices, just in case. The guards tried to stop the young men during the incident, but they ran, got into a car and drove away. The guards were able to take down the car's license plate number, which led them to a home in Mission Viejo. This helped the police find the two young men at their homes.

Our Seal Beach criminal defense lawyers do not believe that it's a good idea to set off explosions in a busy public place, and we are glad no one was hurt. But because no one was hurt, we are surprised and disappointed that the two teenagers are being held on such high bail. Bail of $1 million suggests that they face serious charges, and we are not sure the circumstances described in the article warrant such charges. For example, the crime of exploding a destructive device, which we noted above, requires the prosecution to show that the defendant intended to hurt someone, intimidate someone or destroy property. The limited amount of information in the article suggests that there was no such intent, especially since they were outside. In fact, the article seems to suggest that they were playing a prank or experimenting with low-powered explosions, with no intention to actually harm anyone. That isn't to say that the teens should be allowed to think their actions were safe, polite or a good idea, but felony charges seem inappropriate.

Continue reading "Teenagers Held on $1 Million Bail for Exploding Plastic Bottles at Shopping Center" »

Our Mission Viejo vandalism criminal defense attorneys were interested to see an article about vandalism in a Trabuco Canyon park. The Orange County Register reported June 16 that Ronald G. Wells Park in Wagon Wheel Canyon sustained more than $16,000 worth of damage from vandalism last week. Police are looking for information on the crime, which will delay the opening of the park with brand-new equipment. A neighbor who saw the vandals and asked them to leave described them as three girls and two boys between the ages of 13 and 16. The vice president of the Wagon Wheel Community Association, Michael Browne, said the association would seek felony vandalism prosecution if the perpetrators do not confess.

According to the article, the vandals left shoeprints in rubber that was still drying, carved words into the rubber playground surface and dug up some of the shredded rubber underneath. They also broke trash cans and bent picnic tables and threw trash around the park and surrounding oak trees. Browne said the damage is estimated at more than $16,000, but the association plans to spend only $7,500 because it will simply add another top layer of rubber. It is also spending $1,000 a day on a security guard and adding temporary fencing. The neighbor who saw the vandals couldn't establish where they lived, but the association has already received names of possible suspects and referred them to the Orange County Sheriff's Department. A $500 reward is offered for more information. Browne said the association is willing to pursue charges even though it's expensive, because the vandalism upset a lot of residents.

As Orange vandalism criminal defense lawyers, we suspect that this was the work of teenagers who didn't think about the legal and financial consequences of getting caught. That's a shame, because felony vandalism prosecution can be serious. Vandalism creating more than $10,000 worth of damage is a "wobbler," which means it can be prosecuted as a felony or a misdemeanor, depending only on the judgment of the prosecutor. It carries up to a year in jail or prison and a fine of up to $50,000. If the perpetrators are minors, they may be sent to juvenile hall instead, and their parents may be held legally responsible for the fine. Courts may also sentence people convicted of vandalism to community service -- generally, cleaning up other people's vandalism. At best, this means a year or more of menial work, public embarrassment and no time for extracurriculars. At worst, it could mean juvenile detention that could expose these teens to the wrong peer group members and influences.

Continue reading "Teenagers Threatened With Felony Vandalism Charge for Damage to OC Park" »

Our Orange County vandalism criminal defense attorneys try to explain the importance of the three-strikes law to every client who is facing a charge for a "strike" crime. The three-strikes law substantially increases penalties for felonies after a previous conviction for certain felonies considered serious or violent. But it's very rare that we see this law invoked in the context of vandalism, as it was in a May 27 Huntington Beach Independent article. According to the article, John Patrick Rogers, 45, is accused of felony vandalism for "keying" and denting his neighbor's car. If he is convicted, and the judge does not disregard his previous convictions, Rogers could get 25 years to life in prison. The sentence for felony vandalism is ordinarily two to three years.

Rogers has two previous strikes, both for assault with a deadly weapon. The age and circumstances of those crimes was not reported. However, he's also known to the Huntington Beach Police Department as someone who has been arrested multiple times, often for less serious crimes. His record includes prior convictions for misdemeanor reckless driving, misdemeanor lewd conduct in public and disobeying a court order. He also has unspecified restraining orders against him. The article didn't describe the circumstances of the vandalism, but a Huntington Beach officer said Rogers was taken back into custody after initially being released on his own recognizance. The officer said the public was safer without Rogers in custody.

As Long Beach vandalism criminal defense lawyers, we suspect the real reason has to do with the time in prison Rogers is facing. Vandalism is not normally a serious enough crime to inspire defendants to flee. But thanks to the three strikes law, Rogers faces a minimum of 12.5 times the usual sentence, and a maximum of the rest of his life in prison. Under those circumstances, it's easy to see why law enforcement might think Rogers would flee. In fact, we believe this reflects the fundamental problem with the three-strikes law: it sometimes creates absurdly large sentences for relatively minor crimes. In cases like this one, whether the defendant is sentenced for a third "strike" is up to the judge's discretion -- which means a lot depends on what kind of judge the defendant gets. The help of an experienced attorney can also make a major difference in this kind of case.

Continue reading "Huntington Beach Man Could Face 25 Years to Life for 'Keying' Neighbor's Car " »

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" »

As Anaheim vandalism criminal defense attorneys, we know cities and counties spend a lot of money repainting buildings that have been targeted by graffiti. So we weren't surprised when we read in the OC Weekly Feb. 18 that the city of Garden Grove is planning an aggressive fight against graffiti. However, the method the city has chosen is raising eyebrows: It plans to fine citizens $1,000 if they are caught carrying tools for making graffiti. The plan has raised an outcry from at least some civil libertarians, who say it criminalizes legal behavior and allows police to selectively choose who they believe is a "criminal."

The city's ban would include spray paint as well as any other tools of graffiti. If the defendant is under 18, the fine applies to his or her parents. This fine would actually be an "administrative citation" -- that is, a really expensive ticket. Garden Grove has had some success issuing administrative citations for other minor crimes, most notably illegal fireworks. The city says this solves the problem without clogging the courts or jails, and in the case of graffiti, will lower maintenance costs. City Manager Matt Fertal said the city wouldn't go after law-abiding citizens who happen to have spray paint, but would target only people who had already broken the law.

As Carson vandalism defense lawyers, we don't believe this idea will hold up if it's challenged in court. A city ordinance that criminalizes lawful behavior violates the civil rights of everyone in that city. Allowing police officers to use their discretion only makes matters worse, because it essentially makes police into the final authority. It's not hard to imagine that officers might apply the fine selectively, perhaps to people who said something rude to them, or people whose behavior, clothes or racial background they don't happen to like. And taking these cases out of courts might save money, but it does so at the expense of due process. In essence, the city has made it possible to be fined for graffiti without actually having painted graffiti, with no way to challenge the case before a judge or jury.

Continue reading "City of Garden Grove Plans to Fine 'Taggers' for Merely Carrying Spray Paint" »