criminal defense | criminal defense attorney los angeles

CRIMINAL DEFENSES
TO CRIMES IN CALIFORNIA

California Criminal Defense
Criminal Defense Attorneys

CRIMINAL DEFENSES
There are a variety of defenses that a criminal defense attorney can use in a criminal case. The first defense is that the prosecutor for the State of California cannot prove each and every element of the criminal offense. In other words, the defendant did not commit a crime. The elements of a criminal offense may be challenged if: Involuntary Acts, Mistake of Fact, Mistake of Law, Impossibility, or Abandonment/ Withdrawal can be established.

Even if the prosecutor is able to prove the defendant committed a crime, a defendant may assert additional defenses, known as Affirmative Defenses. There are two types of affirmative defenses: Justification and Excuse.

JUSTIFICATION DEFENSES
Justification defenses are permitted when the defendant’s conduct did not, under the circumstances, violate the law. In other words, the defendant acted properly in a difficult situation. Because the defendant’s conduct was justified, there is nothing to condemn or punish.

Justification Defenses include:

Self Defense - A person is justified in using force to protect himself when there is a reasonable fear of death or threat of immediate and grave force against him, for example, a threat to his life.
Defense of Others - A person may use force to protect another when he reasonably believes the use of force is necessary to defend another person against an unlawful attack by an aggressor.
Defense of Property – In California, a person is permitted to use a limited amount of force to defend property. Since property is not as valuable as human life, deadly force may not be used solely to defend property.
Law Enforcement Defense - Law enforcement officers and those acting on behalf of law enforcement officers are justified in using force to apprehend criminal suspects. If a suspect threatens the life of the arresting officer, the officer may act in self-defense and use deadly force to protect his life.
Necessity – This defense is a “last-resort” defense that may be used when four requirements are met: the defendant faces a “choice of evils”, there are no apparent legal alternatives, an immediate threat exists, and defendant chooses the lesser harm. And of course, the defendant must not have caused the necessity.

EXCUSE DEFENSES
California law recognizes several defenses when a defendant makes a socially wrong choice but does so because he is not capable of controlling his behavior.

Excuse Defenses include:

Duress – The duress defense can be used when an aggressor uses force or threatens to use force if the defendant refuses to commit the crime. The defendant must not have recklessly put himself in the situation and he must believe there is threat of death or bodily harm. This defense may be used for any crime, including homicide.
Intoxication (Involuntary and Voluntary) – Involuntary intoxication may be used as a defense when a person commits a crime that he would not have otherwise committed had he been sober, or if the intoxication puts the defendant in a temporary state of legal insanity. (For example: someone slips a drug into another’s drink, causing the person to hallucinate and commit a crime). Voluntary intoxication defenses are much more restrictive and can be used as a defense to a crime that requires “specific intent”.
Diminished Capacity – Diminished capacity is a controversial and partial defense similar to voluntary intoxication. Evidence of a defendant’s mental condition is used to prove he did not have the mental capacity to commit a specific intent crime.
Insanity – The insanity defense provides a full defense to a criminal charge. This defense is only available if the defendant’s mental disorder kept him from knowing his conduct was wrong. Proving insanity may stop a defendant from being tried or executed for an offense.
Entrapment – A defendant may be excused of committing a crime if he was unfairly induced by a law enforcement agent to commit a crime. There must have been inducement by law enforcement and the defendant must not be inclined to otherwise commit the crime.
Infancy – The law excuses the acts of children age 7 and under because they are too young to be criminally responsible for their actions. Minors between ages 7-14 are presumed incapable of committing a crime (rebuttable by prosecutors). Minors over age 14 have no infancy defense. In California, a person under age 16 at the time of committing an offense must be tried in Juvenile Court.

Aggressive Criminal Defense
If you have a pending criminal case in Los Angeles, California and you would like to discuss your case with an experienced criminal defense lawyer, who can explain how certain criminal defenses may apply to the facts of your case, please contact our office.

Stephen G. Rodriguez & Associates is an effective and aggressive group of criminal defense lawyers that aggressively defends people charged with all sorts of criminal offenses, from misdemeanors to serious felonies.

Call me for a FREE CONSULTATION!

Law Offices of Stephen G. Rodriguez
633 West 5th Street
26th Floor
Los Angeles, California 90071

Telephone
(213) 223-2173

Los Angeles criminal defense attorneys Stephen G. Rodriguez and Associates represent clients in the Los Angeles county area, which include, Airport Courthouse, Alhambra Superior Court, Antelope Valley Court, Bellflower/Cerritos Courthouse, Beverly Hills Court, Burbank Courthouse, Catalina Courthouse, Central Arraignment Court, Central Civil West Courthouse, Chatsworth Court, Criminal Courts Building/Clara Shortridge Foltz Criminal Justice Center, Compton Superior Court, Culver City Court, David V. Kenyon Juvenile Justice Center, Downey Courthouse, Eastlake Juvenile Court, East Los Angeles Court, El Monte Courthouse, Glendale Courthouse, Hollywood Court, Inglewood Courthouse, Inglewood Juvenile Courthouse, Long Beach Superior Court, Los Padrinos Juvenile Courthouse, Central District Court (Downtown Los Angeles Federal Court), Malibu Court, Mental Health Courthouse, Metropolitan Courthouse, Norwalk Superior Court, Pasadena Superior Court, Pomona Courthouse North, Pomona Courthouse South, Redondo Beach Courthouse, San Fernando Court, San Pedro Court, San Pedro Courthouse Annex, Santa Clarita Court, Santa Monica Court, Stanley Mosk Courthouse, Sylmar Juvenile Court, Torrance Superior Court, Van Nuys Courthouse East, Van Nuys Courthouse West, West Covina/Citrus Court, West Los Angeles Court, and Whittier Superior Court.

Some of the terms that pertain to our practice include, but are not limited to: dui, child abuse, identity theft, drunk driving, fraud, domestic violence, grand theft, felony, kidnapping, narcotics, robbery, misdemeanors, restraining order, TROs, arrest warrant, theft, hit and run, vandalism, arson, shoplifting, stalking, cyber stalking, embezzlement, burglary, extortion, bench warrant, expungement, criminal threats, sex crimes, solicitation, probation violation, suspended license, carjacking, gun weapon, attempted murder, petty theft, alternative sentencing, lewd conduct, drug possession, clear criminal record, juvenile offense, seal juvenile records, prostitution, rape, bail, criminal appeal, assault, battery, attempted murder, solicitation for prostitution, criminal threats, trespass, commercial burglary, residential burglary, theft crimes, credit card fraud, violent crimes, proposition 36, perjury, murder, attempted murder, three strikes, prostitution, rape, statutory rape, receiving stolen property, forgery, vandalism, weapons, gun charges, vehicular manslaughter, disorderly conduct, drug diversion, DEJ, grand theft, grand theft auto, house arrest, electronic monitoring, marijuana, conspiracy, petty theft with prior, attempt crimes, drug offenses, bribery, blackmail, child abuse, and bench warrant.