Mar 9, 2018
Criminal charges, regardless of the circumstances, always bring negative attention to a person and puts them in an unflattering light among family and friends. However, certain allegations, particularly those that involve violence or forcing another person to engage in dangerous behavior, produce very strong and undesirable stigmas that often last, even if the charges are dropped or the individual acquitted.
A lot of focus among politicians and the public has emerged recently over the notion of violent versus non-violent crimes, as California seeks to reform its criminal justice system by reclassifying certain offenses from felonies to misdemeanors and allowing for the possibility of early release for others. Human trafficking is one offense that opponents of these measures often cite as an example of the risk the public faces from this approach.
However, criminal cases are rarely cut and dry, and even allegations as serious as human trafficking still have elements the government must prove to support a guilty verdict. A discussion of how the law in California defines human trafficking, and possible defenses to this charge, will follow below.
What Is Human Trafficking?
The crime of human trafficking is generally related to depriving another person of his/her liberty for the purpose of procuring forced labor or services, although it is more commonly associated with forcing a person to engage in acts of a sexual nature or the creation of child pornography.
Depriving another of his/her personal liberty requires substantial and sustained efforts to limit his/her movements and decision-making ability through:
- fear or force
- fraud or deceit
- coercion
- violence
- duress (includes threatening or taking away an immigrant’s passport)
- the threat of physical harm
Further, any forced labor or services, including sexual acts, do not necessarily need to be unpaid to fall under this offense – more accurately, the alleged victim must provide the labor or services because his/her will was overpowered. In addition, enticing or forcing a minor to engage in prostitution, child pornography, obscene live performance, or other specified crimes also trips this offense.
The penalties imposed on those convicted of a human trafficking offense are quite harsh and are always charged as felonies. The possible sentences range from five to twelve years in State prison and/or fines up to $500,000, as well as additional prison terms of up to 10 years if great bodily harm was inflicted on an alleged victim. Further, additional civil fines and penalties, including asset forfeiture, are also possible, depending upon the circumstances of the illegal acts.
What are the Possible Defenses of Human Trafficking Charges?
Given the serious consequences outlined above, having an experienced criminal defense attorney to fight these charges is essential to protecting one’s rights. While mounting a convincing argument against conviction can seem overwhelming, several options are available in human trafficking that may be effective.
First, an essential element of this charge requires the victim to be deprived of his/her liberty, and if that deprivation did not occur, either because the person was free to leave or he/she voluntarily participated in the labor or services, it would justify an acquittal.
Second, force must be involved in a human trafficking offense, and if the accused did not use force or never intended to receive a benefit from the labor or services provided, the State will not be able to prove human trafficking occurred.
Hire a Criminal Defense Attorney
The criminal justice system is stacked against criminal defendants, and if you are facing charges, having an experienced criminal defense attorney is the only effective way to limit the consequences.
The attorneys at the Manshoory Law Group, APC represent clients in the Los Angeles area in a variety of criminal matters and can help you challenge the State’s case. Attorneys are available 24/7 to take your call. Contact us for a free consultation.
Mar 5, 2018
Religion has long been associated with accusations of violence and hatred, some of which are legitimate. The law views attack motivated by religious animus very seriously, and if a jury is convinced, can lead to significant consequences.
America is particularly sensitive to religious-based criminal offenses, given the broad freedoms individuals have in this country to practice their chosen belief system. Consequently, if a crime is connected with targeting a specific religion, the act may be labeled as a hate crime, which brings increased penalties.
A recent article in the Desert Sun discussed reports that criminal acts against Jewish communities rose 27 percent in California in 2017. In addition, there are separate offenses specifically related to acts against religious groups or their property. A discussion of how religion plays into the prosecution of criminal charges will follow below.
What is Hate Crime?
Hate crimes are not necessarily offenses in and of themselves. Instead, in many cases they serve to enhance the sentence a person may face if convicted of a crime, such as assault or harassment, where the commission of the crime is wholly or partially motivated by a perception that the victim has one of the following characteristics:
- Disability;
- Gender;
- Nationality;
- Race/ethnicity;
- Religion; or
- Sexual orientation.
Note that the addition of a hate crime classification to a criminal prosecution is possible even if the alleged victim did not possess the perceived characteristic.
To apply this additional punishment, a prosecutor would need to prove:
- the defendant was biased against the alleged victim because of a perceived characteristic; and
- that bias substantially motivated the commission of the crime; i.e., more than one motivation is permissible, as long as the primary mover was biased.
Usually, there is an underlying crime for which a person is convicted, with the hate crime enhancement only serving to subject him/her to a longer sentence.
However, a standalone hate crime offense also exists that prohibits:
- interfering with the exercise of a person’s rights through intimidation, willful injury, or threats; or
- knowingly damaging or destroying a person’s property to interfere with their rights.
Note that if convicted of the standalone offense, prosecutors cannot then apply sentencing enhancements, which can add two to four years to a prison term, as an additional measure of punishment.
Defending against hate crime charges usually takes one of three principal approaches:
- attacking guilt of the underlying crime;
- presenting evidence the crime was not motivated by bias; or
- asserting that the act was protected free speech. Speech without an additional physical activity is commonly treated as protected speech, unless a defendant makes a threat against an individual with a recognized characteristic, and has the ability to carry it out.
What is an Offence Against Religion?
In addition to a hate crime related to character biases, California has several other laws that prohibit behavior that specifically targets religious groups, such as disturbing a religious meeting and vandalism of a religious site.
With the first offense, the tension between freedom of speech and the free exercise of religion is on display, with limits placed on permitted speech to protect religious worship.
To be found guilty of disturbing a religious meeting, a misdemeanor punishable by jail time and high fines, the prosecutor must show:
- a disturbance which occurred at a place of worship during an assemblage;
- the disturbance was accomplished through profanity, rude or indecent behavior, or unnecessary noise; and
- the disturbance was intentional.
Vandalism of a religious site involves damaging, defacing, or destroying a place of worship, and while generally handled as a misdemeanor, it can be classified as a hate crime and elevated to a felony.
Hire a Criminal Defense Attorney
Being stigmatized as the perpetrator of a hate crime is a label that has significant consequences beyond the courtroom or penal system. Let Manshoory Law Group, APC fight to avoid this situation by allowing them to represent you in your criminal case.
Their dedicated and experienced approach can produce the best results, so you can move on with your life. Attorneys are available 24/7 to take your call. Contact the Los Angeles law firm for a free consultation.
Feb 20, 2018
What is Considered Fraud in California?
With all of the rules and regulations that determine when and how certain acts are permissible in modern life, inadvertently tripping one of these lines is not terribly difficult to do. Claims of fraud are an area particularly prone to unfair allegations, mainly due to the large number of crimes associated with certain acts, and a criminal defense attorney should be contacted if charges are likely or pending.
Almost any type of transaction or exchange can assume fraudulent overtones, as the basic definition of this offense only requires a person to commit an act that results in an unfair benefit for oneself and/or causes harm or loss to another. This definition for fraud is seemingly open-ended, and California also has many additional offenses that address specific situations or acts that could lead to criminal culpability.
In fact, most fraudulent acts are claimed to be motivated by a desire to escape criminal responsibility or incur financial gain. Two men from California were recently charged with fraud in connection with attempts to purchase a business with foreign currency.
An overview of the types of offenses that fall under California fraud crimes, and some options for defending against these allegations, will follow below.
What are the Generic Types of California Fraud Crimes?
Fraud charges can quickly become complicated situations, as they often involve both State and federal law, leaving the accused open to criminal penalties in both courts. Further, many of these offenses may be charged as misdemeanors or felonies, known as wobblers, another avenue for a defendant to see harsher sentences.
In addition, convictions permit the revocation or suspension of professional licenses and the seizure of assets involved in the fraudulent activity. Thus, a person convicted of a fraud-related crime could see penalties that directly impact their financial and professional stability, which is an essential reason these charges should be vigorously challenged to the fullest extent possible.
California has too many fraud-related offenses to review in detail, but they generally fall into the following categories, with some examples:
- insurance – auto, health, unemployment, public assistance, workers’ compensation, etc. (filing a false claim for benefits, falsifying documents);
- real estate and mortgage (foraging a deed, renting property without authority);
- general financial fraud (using someone else’s credit card, altering a company’s financial statements);
- forgery and identity theft (counterfeit driver’s license, forwarding a computer virus); and
- mail fraud – this is a federal offense (mailing a forged check, advertising false services through the mail).
How Do You Defend Against Fraud Charges?
Given the punishments a person can receive for these offenses, on multiple levels, providing an adequate defense to at least mitigate the outcome is essential. Fraud is an intent-based crime, meaning the alleged perpetrator must specifically intend to derive an undeserved benefit from someone else. Thus, if such intent did not exist, he/she cannot be guilty of fraud. Note that motive and intent are two distinct concepts that are often confused, but are not the same for purposes of presenting a legal defense.
Another defense that can be applied to fraud charges is entrapment. Entrapment occurs when a person committed a crime only because police lured him/her into doing so. Note that the conduct by police must occur in their official capacity and involve pressure, harassment or fraud to be considered entrapment.
Further, merely presenting the opportunity to commit a criminal act will not be enough to prove entrapment, but a knowledgeable criminal defense attorney will know how to best present this defense to a jury. Proving entrapment requires the dismissal of criminal charges, so it is a powerful defense when available.
Fraud Legal Defense in California
Dealing with police and prosecutors on your own is never a good idea. You need someone with the knowledge and resources to effectively defend your rights and give you a real chance at beating any criminal charges.
Fraud attorneys at Manshoory Law Group, APC helps clients in the Los Angeles area fight police claims and State charges, and are available to discuss the details of your case. Attorneys are available 24/7 to take your call. Contact us for a consultation today.
Jan 18, 2018
Child abuse is one of the harshest charges that can be leveled against someone, especially a parent. Children are some of the most vulnerable members of society, so many regulations and safeguards are used to protect them from harm.
However, false accusations of abuse that can destroy families are made every day, and anyone facing such circumstances needs to contact a Los Angeles child abuse lawyer about their legal options.
A couple in Riverside County was recently arrested and charged with torture and child endangerment after authorities discovered 13 children inside their home shackled and malnourished. This type of behavior, if true, is certainly unacceptable, but most individuals arrested for crimes related to harming a child are much less clear.
The penalties for these offenses are extremely harsh, not to mention the social stigma and loss of reputation. A discussion of common charges filed in cases of alleged child abuse, and how an experienced criminal defense attorney can attack the State’s case, will follow below.
What is Child Abuse?
The phrase child abuse refers to a large range of behavior that results in mental, physical, or sexual harm to a child, or which is considered neglect or exploitation. Parents have broad authority to raise and discipline their children as they wish, but laws do exist that seek to protect children from acts the State views as producing serious harm.
Further, some individuals are required by law to report suspected child abuse, including teachers, doctors, and daycare workers. This can leave parents and other caretakers open to false allegations largely based on perceptions from third parties, who have limited information and access to the child’s home situation.
This risk is one of the primary reasons a criminal defense attorney should be brought in as soon as possible once a report or investigation is launched.
What Acts Considered Child Abuse?
The criminal elements of child abuse generally involve:
- the intentional infliction of cruel and inhumane punishment and/or injury to a child, i.e., acted on purpose;
- the punishment or injury caused bodily harm; and
- these actions were not reasonable methods of disciplining a child.
In addition to the charge of child abuse, other offenses are frequently charged in conjunction with this crime, such as child endangerment, battery, and failure to provide care (neglect).
- Child endangerment refers to situations in which a defendant is alleged to have placed the child in an environment where injury or harm was probable or likely. Thus, no actual physical injury is necessary for this crime.
- Battery, the willful use of force, is typically charged where there is some evidence that physical force was exerted, but the actions did not cause an injury or rise to the level of inhumane.
- Neglect or failure to provide care arises when a parent is accused of intentionally failing to provide basic necessities to a child (food, water, clothing, medical care, etc.) without a lawful excuse, such as not being able to afford these necessities. These offenses are wobblers, meaning they can be charged as misdemeanors or felonies depending on the circumstances, and are subject to harsh penalties, up to ten years in State prison, and should not be taken lightly.
How to Defend Against False Allegations of Child Abuse?
Criminal defense attorneys have multiple options for attacking a child abuse charge, dictated by the facts of each case, that may be raised before or during the trial. One of the most common defenses used to combat these charges is that they are false. Conflict among family members or a high-conflict child custody matter can push people to make untrue accusations as a form of retaliation.
Further, the child’s injury may be entirely separate and unconnected with any type of abuse. Children get injured as part of growing up, not necessarily from abuse. Additionally, a genuine accident that did not occur from reckless or aggressive behavior is another way to defend against child abuse charges.
Hire a Criminal Defense Attorney
Manshoory Law Group, APC is dedicated to providing you with strong and effective legal representation in your criminal case. The Los Angeles law firm has years of experience handling a wide variety of criminal charges and knows how to build a strong defense so you can achieve the best possible result.
Attorneys are available 24/7 to take your call. Contact us for a free consultation.
Jan 15, 2018
One of the most controversial laws that were passed in California on January 1 was Senate Bill 239. This bill reduced the penalties for those who intentionally transmitted HIV to others. Instead of being charged as a felony, such crimes will now be considered misdemeanors. This new law now aligns HIV with other serious communicable diseases.
The reasoning behind the change in laws is to make them more modern. California passed its most recent HIV criminalization laws in the late 1980s. At this time, HIV and AIDS were thought of as scary diseases. Little was known about them and people who had these diseases faced a stigma.
The landscape of HIV has changed dramatically since then. Medications have improved greatly, allowing those with the disease to live quality lives for decades after infection. These medications also lessen the risk of HIV transmission. These facts helped drive the change in laws.
HIV transmission was like a murder charge. The previous law primarily affects sex workers, who could be charged with a felony without sexual contact. An HIV-positive worker who solicits a person would be guilty of a felony just for that simple action. It is believed that the previous law did more harm than good.
Gov. Jerry Brown signed the bill into law in October. Besides changing the punishment for intentional HIV transmission from a felony to a misdemeanor, donating blood knowingly infected with HIV is now decriminalized. That’s because there are currently extensive measures in place to identify infected blood without having to criminally punish a person who chooses to donate blood.
Criticism Against the Bill
SB 239 has drawn negative media attention from conservatives. There have been several cases where men have tried to intentionally transmit HIV to others. When an innocent person is given HIV, their life changes dramatically, so shouldn’t the perpetrator be punished to the fullest extent of the law?
Lawmakers argue, however, that these cases are rare. Between 1989 and 2014, there were 379 convictions related to HIV in California. Of those, only seven involved intent to transmit HIV. The law focused primarily on sex workers, which made up 90 percent of the cases. Women and minorities were affected the most by the previous law.
Plus, it is believed that HIV exposure laws do little to counteract the behavior. As such, LGBT groups, HIV groups, civil liberties groups, and public health organizations find the previous laws outdated and ineffective.
Contact a Criminal Defense Attorney Today
Many laws get stricter with the new year, but this one is the exception. This is good news for those who may be accused of transmitting HIV to another person. While HIV and AIDS were once huge problems in California several decades ago, times have changed and the law needs to reflect that.
If you are facing serious charges for transmitting HIV or engaging in other crimes, seek legal help right away. The criminal defense lawyers at Manshoory Law Group, APC can defend you against such charges. To schedule a free case review, contact the team at Manshoory Law Group, APC today at (877) 977-7750.
