Santa Ana Criminal Defense Attorney discusses the crime of false information to police.

Imagine you have been stopped by the police and you are asked to present your identity to that officer. In the event, you provide another identity to that officer other than your own actual identity, can you be charged with a crime?

California Penal Code Section 148.9 is labeled as false representation of identity to a peace officer. More specifically, Penal Code Section 148.9 (a) states that any person who falsely represents or identifies himself or herself as another person or as a fictitious persson to any peace officer...., upon a lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the investigating officer, is guilty of a misdemeanor.

Certain elements need to be met for a person charged with PC 148.9 (a) to be found guilty of that offense. It is in fact the duty of the prosecutor to make certain all elements of the crime are met with the evidence from any police investigation. In Penal Code Section 148.9(a), the prosecutor must prove:

The person falsely represented himself or herself or the person identified himself or herself as somebody else.

There was in fact false representation or identity.

The false representation of identity was given upon a lawful detention or a lawful arrest.

The false repesentation or identity was given to the police for evasion, either to avoid further court process or evading being properly identified by the officer.

The crime is a misdemeanor in the event the person accused of it pleads guilty to the crime or is found guilty by a jury. A penalty for a misdemeanor can be up to 6 months in jail.

There are defenses to being charged with false representation of identity to a police officer. A defense can be that the police officer had not made a lawful detention or a lawful arrest. A person cannot simply be targeted by an officer and then be asked by the cop to hand over or give over one's identification.

Another defense can be that the identification provided was not given for an evasive purpose. If an individual did not understand what the officer was asking for when requested from the officer, it can be argued that evasion was not the purpose.

False information to a police officer is a crime and can if one is convicted of such a crime there can be consequences resulting from it including fines, fees, jail time, probation, and immigration consequences such as denial of legal residency or naturalization of citizenship as federal authorities such as the United States Citizenship and Immigration Services, otherwise known as USCIS, and the Department of Homeland Security (DHS) may treat such a crime as a crime of moral turpitude under the immigration laws of the U.S.

If you or a loved one are charged with such a crime, contact the Gonzalez Law Firm to speak to Attorney David Gonzalez before you go to court and definitely before you decide to plea guilty to any crime. You are innocent of any criminal charge until you are proven otherwise guilty by the prosecution. You have legal rights and defenses.

The Gonzalez Law Firm has offices in Santa Ana and Fullerton and assists clients throughout the Southern California region whether your case is in Newport Beach, Fullerton, Norwalk, Santa Ana, Pomona, Riverside, San Bernardino,West Covina, Downey or Los Angeles. Attorney David Gonzalez can be reached at 714-992-5217 or 1-877-345-2997.

What can I do about False Imprisonment?

False imprisonment is the unlawful violation of the personal liberty of another. The punishment for false imprisonment can be a fine not exceeding one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both fine and imprisonment.

The penalty for false imprisonment increases when if the false imprisonment is done by violence, menace, fraud, or deceit. In these situations, then the punishment can be jail time for 16 months, or two or three years. If the false imprisonment is done to a certain class of persons, such as an elderly person or a dependent adult, then the penalty for a conviction is further increased.

When a person is accused of false imprisonment, a state prosecutor must prove that the person intentionally and unlawfully restrained, or detained, or confined another person, and that the accused person made the other person stay or go somewhere against that person’s will. An act that can be considered done against a person’s will is one that a person does not consent to such an act. In order to consent, a person must act freely and voluntarily and know the nature of the act. It is not necessary that the prosecutor show that the alleged victim of false imprisonment be confined in jail or prison.

If the false imprisonment is said to one done by violence or menace, the prosecutor must prove the violence or menace used. Violence means physical force that is greater than the force reasonably necessary to restrain someone. Menace means a verbal or physical threat of harm. That includes the use of a deadly weapon.

Any charge of false imprisonment, whether it is labeled as a misdemeanor or felony, is a serious charge. You need the experience of the Gonzalez Law Firm to help defend you or someone you know who is being charged with this crime. It is important to speak to OC Santa Ana Criminal Defense Attorney David Gonzalez immediately. He will provide you with a confidential consultation and explain the defenses that can be used to fight against these charges. Call Now.

What is important in Child Custody Cases?

California Family Code Section 3020(a) provides the starting base when dealing with the issue of child custody. It states that the California Legislature finds and declares that it is the public policy of California to assure that the health, safety, and welfare of the children shall be the court’s primary concern in determining the best interest of children when making orders regarding the physical or legal custody or visitation of children.

Family courts and judges will then examine and weigh evidence in legal actions or proceedings involving the issue of child custody using a “best interest” standard in which to make their decisions. Since the primary concern and public policy for California is to assure the health, safety and welfare of children, family court judges will assess whether a ruling for legal or physical custody or visitation is one that is in the best interest of children.

California Family Code Section 3020 goes on to say, under subsection (b) of that Code, that it is the public policy of this state to assure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and to encourage parents to share the responsibilities of child rearing in order to effect this policy, except where the contact would not be in the best interest of the child, as provided under Section 3011 of the Family Code.

There is acknowledgment as seen in Section 3020(b) that children should receive and have frequent and continuing contact with both parents. When family court judges attempt to fashion orders involving custody or visitation, they will attempt to fashion such orders (after weighing the best interest of the children) such that both parents are assured of having frequent contact and visitation with their children. Therefore, parents do not necessarily gain any advantage over the other parent if one of them decides to file a petition for divorce, a petition for custody and visitation, or even a petition for paternity first before the other parent does. There seems to exist an unrealistic view that “filing first” will allow one parent to gain advantage over another in a custody or visitation dispute. The California Family Codes emphasizes and recognizes the importance that children should receive frequent and contact with both parents, in the event if that arrangement is in fact in the best interest of the children. In fact, in the case of Enrique M. v. Angelina V., 174 Cal App 4th 1148, 94 Cal Rptr 3rd 883 (2009), it stated that the United States Supreme Court has endorsed the best interest standard for adjudicating custody disputes between parents, and further held that a California trial court is required to resolve such disputes in the best interest of the child.

Parents are reminded by the Family Code that the best interest of the children comes first over any other interest, including the parents, in family law cases.

What is the crime of battery?

Penal Code Section 242 is the criminal statute referring to the crime of battery. To prove a person guilty of such a charge, the prosecutor must prove that the defendant willfully and unlawfully touched another person in a harmful and offensive way, and that person suffered serious bodily injury as a result of the force that was used at the time of the offense. The person alleged to commit the offense must have done so willfully. It does not matter that he or she intended to break the law or hurt someone else. The focus is on the act and that act must have been done willfully. Making contact with another person, including through his or her clothing, is enough to commit a battery. The act must have resulted in serious bodily injury to another. Serious bodily injury means serious impairment of physical condition, and can include loss of consciousness, concussion, loss or impairment of function of any bodily member or organ. Unlawful touching of another to constitute a battery can include indirectly touching another by causing an object or someone else to touch the other person.

A person who is guilty of PC 242 battery can be punished as follows: serve a maximum sentence of six months in the county jail and pay a fine not exceeding to $2,000.00. The crime of battery is a misdemeanor.

If you are not a citizen of the United States, a conviction of battery may result in negative immigration consequences including the denial of naturalization of citizenship or legal permanent residency.

Defenses to battery can include self-defense or acting in defense of others. In the event a parent is accused of battery to a child, a defense to such a charge can include sufficient evidence of reasonable discipline.

If you or someone you know is being accused of battery, contact the Gonzalez Law Firm immediately and seek legal help at once. You have a right to remain silent, and you do not need to discuss or provide information to law enforcement personnel in the event you are being investigated for such a charge. The Gonzalez Law Firm has provided over 17 years of legal experience helping persons being accused of battery. Mr. Gonzalez appears in all California courts in all counties.

Anti-revenge Pornography Defense

A new crime is on the books for the State of California. On October 2, 2013, California Governor Jerry Brown signed into a law the so- called “anti-revenge porn” bill that had been sponsored by State Senator, Anthony Cannella, a Republican. The law is meant to protect victims whose generally nude or naked pictures are posted on the internet by disgruntled exes or perhaps former friends of such victims. The new law, that became effective immediately upon the signing by Governor Brown, makes it a misdemeanor punishable by up to six months in jail and a fine of $1000 to post identifiable nude pictures online. With the ever increasing use of social media, like Facebook or You Tube, sometimes such media has been used by persons to post embarrassing or intimate pictures of others without their consent. Victims could pursue a civil legal action for monetary awards or settlements. However, this new law has now made such conduct a crime.

If you are accused of posting pictures online in violation of the “anti-revenge porn”, you need an experienced criminal defense attorney to fight for you and defend your legal rights against such allegations. There are defenses to such criminal allegations. It is not your responsibility to prove that you are innocent. You are innocent until proven otherwise, and it is the responsibility of the prosecutor to prove his or her case against you beyond a reasonable doubt. Contact the Gonzalez Law Firm/ David Gonzalez to help you when you are accused of any crime. His firm provides legal services in all counties of the State of California. Call his firm today at 714-953-5217 or 877-345-2997.