Southern California Criminal Defense Attorneys

Los Angeles Criminal Defense Lawyer

Most people have never had to go through the criminal defense process, and so have many questions regarding California criminal defense law. The experienced criminal defense attorneys at the Law Offices of Michael L. Guisti have been helping their clients successfully defend criminal charges for over a decade. Here are some common questions by our clients regarding California's criminal defense laws.

California Criminal Defenses Law Questions:

Q: What is "entrapment", and when can it be used as a defense ?

Q: When should an insanity defense be considered?

Q: I've heard of cases where a defendant was declared "incompetent to stand trial". What does that mean?

Q: When can self defense be used as a valid defense?

Q: What is an alibi?

Q: What defense is there from a charge of having sex with a minor?

Q: How can a lawyer best save his client from the death penalty?

What is "entrapment", and when can it be used as a defense?

At times, a person may be arrested for a crime after having been induced or encouraged to commit a crime by government agents or law enforcement officers. If this is the case, the defendant can use "entrapment" as a defense to the criminal charges pressed against him. The legal basis of the entrapment defense is that a person should not be punished for a crime that he was induced to commit by the government.

For the defense of entrapment to be legally valid, two things must be found to be true:

• That the government did indeed induce the person to commit the crime, and;
• Had it not been for the government's intervention, he would not have committed that crime

In an entrapment defense, the defendant must initially bear the burden of proof in showing that he was provoked into committing the crime by the government. If he is able to do so, the burden then shifts to the prosecution to prove beyond a reasonable doubt that the defendant would have committed the crime even without the government's intervention (i.e. that he was "predisposed" to commit the crime).

In a typical example of entrapment, law enforcement officers create a scenario in which an innocent person could be enticed into committing a crime. Then, the idea of committing the crime is implanted into the mind of the innocent by the officers, who try to convince the person to carry out the crime so that they can arrest and prosecute him.

Whether a person was "predisposed" to commit the crime involves whether the defendant would have knowingly committed the crime anyway even without the inducement by the government, or whether he was actually an unwary, unknowing innocent.

Even if the law enforcement officers were to provide the opportunity and means for a crime to be committed, that in and of itself is not enough for a valid entrapment defense. It must be shown that the idea to commit the crime was implanted in the defendant's mind by the law enforcement agents.

When should an insanity defense be considered?

The insanity defense is based on the belief that it is inherently unfair to punish people for their criminal acts if they're not mentally responsible for those acts. The most popular definition of insanity is the "McNaghten rule," which defines insanity as "the inability to distinguish right from wrong." Some have amended their laws to include standards of "diminished capacity" or "guilty but mentally ill."

Some states also allow defendants to argue that that they understood their behavior was criminal, but were unable to control it. This is sometimes called the "irresistible impulse" defense.

It should be noted that the insanity defense is not used as often as the general population may believe. Judges and juries frequently don't accepted it, and a determination of insanity doesn't mean the individual will go free but rather that the defendant is confined to a mental institution.

I've heard of cases where a defendant was declared "incompetent to stand trial". What does that mean?
"Incompetent to stand trial" refers to a defendant's mindset at time of trial. Usually, a trial will not proceed until a defendant is deemed competent to understand the charges and face his or her accusers.

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When can self defense be used as a valid defense?

Self-defense is categorized as an "affirmative defense", which means that the prosecution must prove beyond a reasonable doubt that the defense is not applicable.

Laws regarding self-defense are often different from state to state, but generally speaking, a person can be justified in using physical force when he believes it to be necessary to defend himself or a third party from the use of unlawful physical force by another person. As to the amount of force that can be used in self-defense, only a degree of force that can reasonably be believed to be necessary to defend yourself or another person can be legally justified.

Some people wonder if responding with deadly force in self-defense can be legally justified. When it comes to deadly force, it can only be used if the person can reasonably believe that a lesser degree of force would be insufficient, and also that he can reasonably believe to be in immediate danger of losing his (or a third person's) life or otherwise sustaining great bodily injury.

Self defense is not a valid defense when you were the one who instigated or provoked the attack by the other party - the only exception is if you had indicated you were withdrawing from the encounter, and the other party continued to use unlawful force. In addition, self-defense is not a valid defense when it is the result of a mutually initiated fight.

In certain states, a person is allowed to use deadly force against an intruder who had entered their home unlawfully with the intent to commit a crime. These are referred to as "Make my Day" laws, and are founded in the belief that a person has a right to absolute safety within their own home.

What is an alibi?
In order to establish an alibi, an individual must be able to provide proof that he or she was not at the scene of the crime. Often testimony from other individuals can be used to establish where the person was, or wasn't. Other records such as videos that are date- and time- stamped, or work records can help establish the location of an individual at the time the crime was committed.

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What defense is there from a charge of having sex with a minor?

The age of consent varies from state to state, and it won't help you to prove you didn't know the youthful age of the victim. You can't raise the defenses of mistake or lack of knowledge of the age of the victim as a defense. In most states, engaging in sexual intercourse with a person under the lawful age of consent constitutes a violation of law regardless of your belief as to the person's age.

Of course, you may have other defenses to the charge. In order to determine what defense you might raise, and your chances of succeeding, you should contact a criminal defense lawyer in your area who's experienced in defending charges of sexual assault against minors.

How can a lawyer best save his client from the death penalty?

Most crimes for which the death penalty is a possible punishment are violent crimes such as murder, rape, kidnapping and the like. In these types of crimes, very often the perpetrator will leave his DNA behind, either on the victim or at the crime scene. This is the best way for a defense lawyer to prove actual innocence.

DNA testing can positively exclude someone as the perpetrator of a crime. But because it's so expensive, and people charged with crime are often poor and dependent on court-ordered funding for their defense, oftentimes it isn't done. If you believe you or someone you know has been wrongfully charged with a crime, make sure you ask you lawyer to seek out any possible DNA evidence for testing. If necessary, apply for the court to pay for it.

These are just a few of the many questions that can be answered in a private, confidential consultation with one of our Orange County criminal defense attorneys. For a free initial consultation, please call us anytime day or night at (714) 530-9690 to speak to one of our Attorneys.