When Los Angeles County District Attorney Jackie Lacey’s husband was caught wielding a gun towards a group of Black Lives Matter protestors who were on his porch, he was charged with a misdemeanor. Now, David Lacey has asked the judge in his case to dismiss his charges. Lacey’s lawyer submitted a motion to the court which explained that when Attorney General Xavier Becerra opted for misdemeanor charges over felony charges, the case should have been moved to the office that manages misdemeanor crimes which take place in the Los Angeles city boundaries.
Lacey and his attorneys believe that the prosecutor of the case should be the Los Angeles City, attorney. The incident between the protestors and Lacey took place on March 2 at his Granada Hills residence. Lacey’s arraignment on three misdemeanor counts of assault with a firearm was held but Lacey did not attend. During the court hearing, Lacey’s attorney had the arraignment moved back to September 10. It will be at that time that Judge Patricia Hunter will hear arguments regarding the attorney general’s ability to move forward with the charges.
According to the deputy attorney general Seth McCutcheon, the chief law enforcement officer in the state is the attorney general. McCutchen said that the crime that Lacey has been charged with is considered a “wobbler” offense. That means that the crime can be charged as either a felony or a misdemeanor.
Jackie Lacey is currently running for reelection as the Los Angeles district attorney against Geroge Gascon. Jackie Lacey is the first Black district attorney in L.A. County. Lacey has had to endure intense criticism for not prosecuting officers who were involved in fatal shootings as well as her use of the death penalty. Black Lives Matter is one of the most vocal groups opposing Lacey’s actions and because of their dissatisfaction, they staged early morning protests at her home. These protests are what caused her husband David to wave about his gun.
What are Wobbler Crimes in California?
When you have committed what is called a “wobbler” offense, California law dictates that the crime committed can be prosecuted as a misdemeanor or a felony. There are several offenses that are considered wobbler crimes. You can find the list of wobblers in California’s Penal Code as well as in:
- Health and Safety Code
- Business and Professions Code
- Vehicle Code
- Family Law Code
- Commercial Code
Criminal threats, domestic violence, fraud, and forgery are all examples of crimes that are wobblers.
Do You Need to Speak with a Los Angeles Criminal Defense Lawyer?
You deserve to have your legal rights protected when you are arrested for a crime. The Los Angeles criminal defense attorneys at the Manshoory Law Group, APC can provide you with effective and strategic criminal defense representation. Don’t wait to call our knowledgeable team of California criminal defense attorneys at Manshoory Law Group, APC to obtain the personalized representation that you need. We are committed to our clients’ cases from start to finish.
The Southern California criminal defense lawyers at the Manshoory Law Group, APC can be reached 24 hours a day, 7 days a week at 877-977-7750.