Fresno Criminal Lawyer Blog

CBS News is reporting that a Fresno juvenile has been charged in connection with the shooting of a 91-year-old woman.

The news station reports that the incident happened during a home invasion robbery on Thanksgiving morning in San Joaquin.

Fresno criminal defense lawyers take cases of shootings in Fresno very seriously because we understand that the state can come after a defendant and seek major penalties. In cases where gang activity is alleged, lawmakers have allowed for provisions in the law that can lead to more serious sanctions against a defendant. When weapons are alleged as part of a case, that is another avenue for prosecutors to pile on charges.

According to the news report, a person climbed through the window of a house where the 91-year-old and her 63-year-old daughter live. Police say they tracked a 17-year-old to an apartment complex more than a mile away. Detectives are charging the teen with attempted murder and his mother with accessory after the fact. Deputies have said the teen attempted to hang himself in a holding cell. Deputies won't say what led them to the suspects.

The Fresno Bee has some additional details. The newspaper reports that the teen allegedly shot the woman in the neck even though neither woman fought back. He also didn't steal anything.

The newspaper reports that along with the attempted murder charge, the teen will face charges of home-invasion robbery and felony elder abuse. The 91-year-old is recovering at a hospital, and was listed in very serious condition.

In this case, because of the teen's age and the severity of the charges, he will likely be charged as an adult. And if the woman dies, he could face first-degree felony murder.

In California, there are two ways to face first-degree murder. The first is if police can prove the crime was premeditated, meaning it was planned in advance. The most common is if a person was killed while the suspect was committing another felony crime, such as a robbery, sexual assault or kidnapping or another felony.

If the woman dies, police may be able to try to show the teen committed a home-invasion robbery at the time he killed the woman, even if she didn't die until later. It's unclear why the boy's mother was charged, although it's possible she knew he committed the crime and helped him hide evidence.

When teens are charged, it depends on the facts as to whether they will be charged as a juvenile or as an adult. If the teen has a history in the system, prosecutors may try to charge the person as an adult to try to get him or her to stop committing crimes. Even if they are new to the system, the severity of the allegations combined with the age of the defendant can lead to adult charges.

Most people understand that being charged as a juvenile is preferable, but it's no picnic. Probation, community service, boot camps or other sanctions may be possible. And a conviction could hamper their future. Fighting the charges is important to any teen.

Continue reading "Fresno Juvenile Charged In Home Invasion, Shooting of 91-Year-Old" »

Recently, a question that I've been faced with a lot, is whether a person can possess a firearm if they have been convicted of a felony? The answer is not as straightforward as you might think, since we're faced with both California and Federal Law on the issue. My analysis, however, is strictly applicable to California cases. In California, if an offense is punishable with imprisonment in the county jail or State Prison, it is considered a "wobbler." (Penal Code §17) A wobbler, in essence, is a crime that can be either a misdemeanor if the sentence is only a misdemeanor or a felony if the defendant is sentenced to State Prison. People often ask whether they can possess a firearm if they have been convicted of a felony, which is a wobbler. This topic can be very difficult to navigate, which makes it even more important to consult with a skilled Fresno Criminal Attorney.

Two of the most recent major cases on the issue pertaining to the California law and restoration of gun rights are: U.S. v. Bridgeforth (9th Cir. 2006) 441 F.3d 864 and People v. Gilbreth (2007) 156 Cal. App. 4th 53. Bridgeforth is a case out of our 9th circuit court of appeals which, aside from the U.S. Supreme Court, is the controlling court for California on Federal law. Until the U.S. Supreme Court has spoken on an issue, the Ninth Circuit has the next to final word.

People v. Gilbreth is a decision out of the First District Court of Appeal in California. In California, the Courts of Appeal are the final arbiters of California law unless the California Supreme Court or the U.S. Supreme Court has spoken on the topic, much in the same vein as the Ninth Circuit Court and the U.S. Supreme Court.

In U.S. v. Bridgeforth, the ninth circuit stated "to determine whether a conviction for a wobbler is an offense punishable by a term of imprisonment exceeding one year under the career offender provisions of the Guidelines, the sentencing court must look to state law: Did the California court's treatment of the offense convert it into a "misdemeanor for all purposes" under California Penal Code section 17(b)? If so, then the conviction does not qualify as an offense '"punishable by imprisonment for a term exceeding one year.'" U.S.S.G. § 4B1.2(a). (U.S. v. Bridgeforth, supra, 441 F.3d 864.)

Continue reading "Can You Restore Your Right to Have a Firearm under California and Federal Law?" »

The other day the question arose as to what the rules are when it comes to transporting a firearm in your vehicle, or even to and from your vehicle to your home. As Fresno Criminal Attorney, I often represent clients who stand accused of improperly transporting firearms or improperly concealing firearms. Unfortunately, there is really no room for error. In Fresno, County, if you run into a Police Officer or Sheriff Deputy who is having a bad day, he or she can arrest you and cite you for either a misdemeanor or a felony if you happen to be, even unintentionally, violating the law when it comes to transporting a firearm.

It is important to note that you are looking at a possible felony if the gun is loaded or the ammo is within your possession and the gun is concealed, but a misdemeanor violation if the gun is concealed, but unloaded and the ammo is not within your immediate presence. (Penal Code section 12025(b)6-(b)(7)) OK, so what are the rules?

The first rule is that you can only carry a firearm if it is unloaded and openly displayed on your person in a belt holster (Penal Code section 12025 (f)). That is the "open carry" provision in California law. A firearm may also be carried to and from your vehicle, but must be in a locked and sealed container. A locked container and sealed container means a fully enclosed container that is secured by some type of locking device (i.e. a padlock, combination lock, etc.) (Penal Code section 12026.1). Due to the complexity in the law when it comes to what is acceptable and what is not acceptable under the law when it comes to transporting a firearm, mistakes can and do happen. If you have been charged with transporting a firearm or carrying a loaded firearm improperly, it is imperative that you contact a knowledgeable Fresno Criminal Defense Lawyer.

Ok so how about carrying the gun in my trunk?, you might ask. So you can carry a firearm in your vehicle as long as it is unloaded and in the previously mentioned sealed and locked container. Or you can carry it unloaded and in your trunk. It is important to note that a locking glove box or utility compartment doesn't count. So if you have the gun in one of those utility compartments in the back of your SUV it may not qualify under the law. This does raise a conundrum, which is I can have an unloaded firearm in my locked trunk, but not in a sealed and locked container, but I'm violating the law if I carry that unloaded firearm to and from, say my place of business, to my vehicle without the gun being in a sealed and locked container. There is a possible exception which allows you to do that (see Penal Code section 12026.2 (6)); however, I prefer to live in the broad black and white area in my own life rather than in the shade of gray exception to the rule area. That is just my own preference.

As far as a firearm being loaded, the law provides that a gun is considered loaded if there is a live round attached in any way to the gun, such as in the chamber or in the clip which is attached to the gun. (Penal Code section 12031(g). Some people have raised the question whether ammo could be carried in the locked trunk with the firearm. Penal Code section 12031(g) seems to indicate that carrying the ammunition in the trunk would not make the firearm "loaded" under the law.

I hope this blog article is informative and provides some worthwhile information. If you or someone you know is facing any type of firearms violation charge, contact the Law Offices of Michael E. Mitchell, A Professional Corporation, today to speak with an experienced criminal defense attorney. (559) 222-2424.