Recent Posts in Criminal Defense Lawyer Category

Battery is defined under California law as the unlawful use of force or violence upon another individual.  The punishment for a crime of battery depends largely on the type of injuries that the victim sustained.  Injuries are classified in three categories; minor injury, serious bodily injury and great bodily injury.      

If the victim suffers either minor or no injury, the defendant faces a conviction of misdemeanor battery.  Under California law, the penalties for this include up to $2,000.00 in fines and up to six months in a county jail.

When a battery is committed and serious bodily injury is inflicted on the victim, the battery is punishable by in the state prison for two to four years. If the battery caused great bodily injury to the victim, the prosecution may file a sentencing enhancement which may add up to six years in state prison, which is in addition to the penalty one faces for the underlying battery charge.

The classification of injuries differs from case to case, and could mean the difference between a few months in prison or several years.  What is problematic and often frustrating in battery cases is that the same type of injury found to be minor for one person, may be serious for another.

If you, or someone you know, has been charged with battery contact Los Angeles Criminal Defense Attorney Robert M. Bernstein today.

Although "kidnapping" and "false imprisonment" may sound similar, they are considered separate crimes under California law.

Kidnapping is a felony offense and refers to the taking away, or movement of another person against their will by force or any other means of instilling fear in the victim. In California, the punishment for a conviction of kidnapping can be anywhere from three to eight years in prison.  If the victim is under the age of 14, you may be imprisoned for up to 11 years.  Further, if the kidnapping caused great bodily harm, or if the kidnapping was carried out for the purpose of another crime (rape, robbery, ransom collection, etc.); the punishment may be life in prison, without the possibility of parole. 

False imprisonment is defined as intentionally detaining or confining someone against their will.  False imprisonment may be charges as either a misdemeanor of felony depending on the specific facts of the case. It is considered to be felony false imprisonment if force, threats or intimidation were used to accomplish the detention.  The penalty for a felony false imprisonment conviction is three years in state prison. If it is a misdemeanor false imprisonment conviction, the maximum sentence is one year in the county jail.

If you or someone you know has been charged with kidnapping or false imprisonment, contact Los Angeles Criminal Defense Attorney, Robert M. Bernstein for a free consultation today.

Federal agents have arrested a man who allegedly hacked into more than 100 computers to obtain personal data to extort sexually explicit videos from women and teenage girls in exchange for keeping their information private.  31-year-old Luis Mijangos allegedly searched computers for sexual or intimate images to blackmail victims into making videos for him.  Prosecutors say he also was able to control some webcams to capture intimate scenes of the victims. 

Mijangos was arrested and charged with extortion in the United States District Court.  If convicted, he could face a lengthy federal prison sentence.

If you or someone you know has been charged with extortion, contact Los Angeles Criminal Defense Attorney Robert M. Bernstein for a free consultation today.