The night of January 26, 2010, a 17-year-old gang member was arrested in Santa Ana, Orange County for carrying a loaded weapon. The incident occurred when police spotted the teen riding a "beach cruiser" and "acting suspicious."
When the officer tried to stop the teen, he jumped off the bike and ran. Police found him later hiding while carrying a loaded .38 caliber revolver.
California prohibits any individual from carrying a concealed firearm upon his or her person or within any vehicle under his or her control or in which he or she is an occupant. Under California Penal Code Section 12025, carrying a concealed firearm is punishable by imprisonment in the state prison, OR by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), OR by both fine and imprisonment if: (1) The firearm and ammunition are in immediate possession. Notably, a weapon that is loaded can be transported in a car if it is in a locked container like a carrying case or in the trunk of the car. It can only be carried on the person if the individual is going to or from a vehicle and the weapon must still be in a locked case.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Three gang members allegedly broke into a home on New Year's Eve in Tustin, Orange County, California. One of the suspects pistol whipped the resident and ran off with about $200 according to the Orange County Register. A car chase through Tustin and into Santa Ana ended up with the suspects fleeing on foot. The owner of the car was Jose Zendejas, he was arrested in Long Beach. A second suspect Ernesto Garcia was arrested in Santa Ana and both men are being charged with robbery (Penal Code Section 211) and street terrorism (Penal Code Section 186.22). A third suspect Alberto Penaloza is being charged with robbery, possession of a controlled substance for sale (Health and Safety Code Sections 11359, 11378, 11351) and as convicted felon in possession of a stolen firearm (Penal Code Section 12021(a)(1). An amount of methamphetamine was found and evidence of drug sales (Health and Safety Code Section 11378). Examples of evidence the drug is for sale include if the substance is packaged in individual amounts, the amount of the drug, if scales are found with the drug and/or a significant amount of small bills.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Bubba, an award-winning bulldog, was stolen last week on December 15th in Santa Ana, Orange County. The owners are offering a $2,000 reward for anyone who can return their prized possession.
California Penal Code Section 487e states: "Every person who feloniously steals, takes, or carries away a dog of another which is of a value exceeding four hundred dollars ($400) is guilty of grand theft." Bubba recently won second place in the Eukanuba dog show in Long Beach; he has been micro chipped and is worth more than $10,000. "I bring him out every day to work because he is kind of like my little kid," the owner said. "He's not only a show dog, but he's like my little baby." Grand theft is punishable under Penal Code Section 489 by imprisonment in a county jail not exceeding one year or in the state prison.
In Bubba's case, an employee accidentally left a door open and the bulldog wandered out of the building. Witnesses told the owner that two men about 20 years old cut across three lanes of traffic in their car to lure the dog inside. The Law Offices of William W. Bruzzo represent individuals accused of all crimes to include grand theft, Penal Code Section 487(a).
This news video courtesy of KABC-TV Los Angeles:
Criminal Law Updates by William W. Bruzzo (714) 547-4636
16-year-old Marco Antonio Perez was sentenced on October 23, 2009, to a minimum of 50 years in state prison for a 2006 shooting that left two rival gang members dead and a third in a coma.
A jury in adult court found Perez guilty of two felony counts of special-circumstances murder for the benefit of a criminal street gang, one felony count of attempted murder and one felony count of street terrorism.
Perez was prosecuted as an adult for the execution-style shooting that took place in Santa Ana when he was 14 years old. Victims were ages 14, 15, and 16. Two other members of his gang have already been sentenced to multiple life sentences and the other three are awaiting trial.
Juveniles, or minors under the age of 18, can be prosecuted for any of the same crimes for which adults can be prosecuted. So, a child who is 14 years old can be tried in adult court for some serious crimes such as murder and attempted murder, setting fire to a building with people in it, robbery with a weapon, rape, kidnapping or carjacking, crimes with guns, drug crimes, and escaping from a juvenile detention facility without a hearing before a juvenile judge. Prop 21, which was passed in 2000, allows prosecution to direct file without a juvenile court judge making the determination as to whether the minor should remain in juvenile court or be transferred to adult criminal court. Only an experienced criminal defense attorney can then examine the possibility of transferring the minor from adult criminal court back to juvenile court for sentencing under the Reverse Remand Law, Penal Code Sections 1170.17 and 1170.19. The Law Offices of William W. Bruzzo has represented many Defendants to include juveniles charged with gang offenses (Penal Code Section 186.22)
Criminal Law Updates by Law Offices of William W. Bruzzo (714) 547-4636
A man and a woman were arrested for committing a string of robberies in Santa Ana while impersonating police officers. Robbers were acting like cops. The individuals suspected are charged with robbing nearly $2,000 from five victims during four separate incidents in one month. Police are still looking for the third suspect.
During the robberies, one of the suspects was wearing a security-type uniform and carried a handgun. The other suspect wore all black clothing and a jacket that said SECURITY. Santa Ana Police Commander said, "The suspects' demeanor was that of police officers and the victims did not realize they were being robbed until the suspects fled with their money."
Robbery, a felony, may be punished by 3 to 6 years in State Prison. California Penal Code Section 211 defines robbery as the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. Fear means fear of injury to oneself or the person's family or property or to someone in one's company. The value of the property taken does not matter.
An important element for robbery to be established is force or fear. Only an experienced criminal defense attorney can present a robbery defense by demonstrating that no force or fear was used to take the property or to prevent the victim from resisting. See also Penal Code Sections 211, 212.5 and 213; Criminal Law Updates from the Law Offices of William W. Bruzzo (714) 547-4636
