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Brower & Associates Blog

 

Sunday, May 13, 2012

Woman Charged With Having Sex With Minor And Having Minor's Child

Pictured Above: Mayra Gonzalez. Source: Santa Ana Police Department.


Mayra Gonzalez, a 32-year-old woman, has been charged with six counts of unlawful sexual intercourse with a minor under 16 years old, and two felony counts of oral copulation with a minor. These charges stem from sexual encounters with a 16-year-old boy starting in December of 2011. Gonzalez met the minor through her daughter, who was dating the minor at the time. Gonzalez claims she fell in love with the minor and starting having a sexual relationship with him. Gonzalez recently gave birth to the minor's child. If convicted of her charges, Gonzalez could face more than seven years in prison and will have to register as a sex offender.

Statutory rape is defined as sexual intercourse between two unmarried person, one of which is under 18 years old at the time of the sexual act. These charges can be considered a misdemeanor or a felony, depending on the age of the victim and the circumstances surrounding the sexual act. A possible defense to statutory rape charge includes the mistakes of fact (you thought the victim was over 18 years old). If convicted of unlawful sexual intercourse with a minor under 16 years old, you face jail/prison time, probation, fines, and may have to register as a sex offender. Therefore, if you have been charged with sex crimes, please contact an experienced criminal defense attorney right away to assist you.

sex crimes Orange County criminal attorney Ronald Brower

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Friday, May 4, 2012

Juvenile Arrested For Shooting Near School

Source: Orange County Register.

Last week, a 14-year-old boy was arrested on suspicion of shooting a 16-year-old boy after a gang rivalry shooting near Santa Ana High School. The victim was not a rival gang member, but was involved in the rivalry. The victim's friend tried to walk the victim home after he was shot in the torso, but the victim collapsed. The 14-year-old was arrested on suspicious of attempted murder and assault with a deadly weapon. He may be tried as an adult because of the gravity of the offense.

A juvenile crime is a crime committed by a minor. If a minor is convicted of a crime, the court will focus on rehabilitating the juvenile instead of just punishing them. Once a minor is convicted of a crime, they face jail/prison time, probation, fines, community service, therapy and alcohol/drug classes. Convictions when you are a minor can follow you throughout your life and affect your employment and reputation. Therefore, if you are charged with a juvenile crime, contact an experienced criminal defense attorney right away to assist you.

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Saturday, April 28, 2012

Man Convicted of Sexually Assaulting Disabled Child

Pictured Above: Daniel Vlas Flores. Source: Orange County District Attorney's Office.


This week, Daniel Vlas Flores was convicted of kidnapping a child for the purpose of sexual assault and three counts of child molestation. These convictions stem from an incident in 2009 after Flores walked up to a group of children playing in an apartment courtyard. Flores asked the children to assist him in moving some furniture and then took the hand of a 7-year-old mentally disabled girl and led her into his apartment. After the young girl did not return, one of the other children went to Flores' apartments and interrupted the assault. Flores was arrested, charged and then convicted of kidnapping and child molestation. He now faces life in prison resulting from the incident.

Kidnapping is the crime of moving a person, without their consent, by force or fear. Defenses to kidnapping include consent to being moved, insufficient movement, or having the right to move the child. In this case, Flores kidnapped the child by force for the purposes of sexually assaulting her. Being convicted of committing a sexual assault on a minor requires you to register as a sex offender and subjects you to fines, classes, and prison time. Therefore, if you are charged with sexual assault, child molestation, or kidnapping, call an experienced criminal defense attorney right away to assist you in fighting your charges or reducing your sentence.

sex crimes Orange County criminal attorney Ronald Brower

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Tuesday, April 17, 2012

Man Pleads Guilty to Theft of UPS Parcels off Porches

Pictured Above: Tien Kim Vu. Source: Irvine Police Department.

Tien Kim Vu was arrested in March after police found six UPS parcels in his car. A man in Ladera Ranch had called police after he saw a man take a package off of his porch. Vu was charged with six misdemeanor counts of petty theft and one felony county of receiving stolen property. He also got a sentencing enhancement for committing these crimes while released on custody on another case. In October of 2011, Vu was arrested on suspicion of stealing approximately 150 parcels. Late last month, Vu pleaded guilty to 16 counts of petty theft and two counts of receiving stolen property. He will be sentenced on April 24, 2012.
Petty theft is the stealing of property valued up to $950. This offense is usually a misdemeanor. Receiving stolen property is a crime that occurs when one receives or purchases an item that they know is stolen. This offense can be a misdemeanor or felony, depending on the circumstances and the defendant's criminal history. If you are convicted of theft or receiving stolen property, you face jail/prison time, fines, and you could be required to pay restitution to the victims of the crime. Therefore, if you are charged with theft, contact an experienced criminal defense attorney right away to assist you.

theft Orange County criminal attorney Ronald Brower

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Saturday, April 14, 2012

Drunk Driver Crashes Into Caltrans Construction Zone

Pictured Above: Crash Scene. Source: KTLA-TV.

Last week, a car full of minors slammed through a freeway closure in which a Caltrans crew was resurfacing lanes. The car was going 70 mph when it slammed into a tractor and then rolled over. Some of the passengers were ejected and all six people in the car were injured. None of the occupants were wearing seat belts and all of them were under the influence of alcohol at the time of the crash. The driver of the car was giving a field sobriety test and arrested at the scene.

Under California's Zero Tolerance Law, anyone under 21 years of age with a Blood Alcohol Content of 0.01% or greater will be charged with Driving Under the Influence (DUI). If you are under 21 years old and suspected of driving under the influence, you have automatically consented to field sobriety tests. Punishments for a minor convicted of driving under the influence include a suspended license, jail time, alcohol abuse classes and fines. There are steeper penalties for minors under the influence who cause injuries to other passengers. Therefore, if you are charged with driving under the influence, contact an experienced criminal defense attorney right away to assist you.
driving under the influence  Orange County criminal attorney Ronald Brower

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Monday, April 2, 2012

Man Kills Salesman and Dumps Body Claiming Self-Defense

Pictured Above: Ricardo Diaz. Source: Orange County Register.


Ricardo Dagoberto Diaz is charged with the robbery and murder of a jewelry salesman in 2005. Diaz testified that he came home to see Mario Hernandez, a jewelry salesman, pulling his mom's hair. Diaz then grabbed golf clubs and hit Hernandez with them. At that point, Hernandez pulled out a pocketknife and threatened to kill Diaz and his mother, so Diaz stabbed Hernandez with his own knife. Diaz then got electrical tape and tied it around Hernandez's neck, strangling him to death. He claims that his mother, Rebeca Nivarez-Diaz, then told him to dispose of the body. Diaz and his mother tossed Hernandez's body in a dumpster near some apartments.

Throughout the years, Diaz has always claimed that he was acting in self defense. However, recently police recorded Diaz talking to his sister and stating that his mother had set the whole murder up and Diaz had not acted in self defense. Diaz's mother has already been convicted of first degree murder and robbery and is serving a 25-year-to-life term in prison.

California has a felony-murder rule that creates murder liability for individuals who kill another human being during the commission of a dangerous felony. The death must be logically connected to the felony to be charged with felony-murder. First-degree felony-murder is the murder of someone during the commission of an enumerated felony. Enumerated felonies under the first-degree felony murder rule include: arson, burglary, robbery, carjacking, mayhem, certain sex crimes, kidnapping, and torture.

If you are charged with felony-murder, please contact an experienced criminal defense attorney to assist you in fighting your charges or reducing your sentence.

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Wednesday, March 28, 2012

Operator of Boot Camp Charged With Sexual Assault

Pictured Above: Boot Camp. Source: KTLA-TV Channel 5.

This week, Kelvin Bernard McFarland pleaded not guilty to five felony counts of assaulting two 14-year-old girls in 2004. McFarland is an operator of a boot camp in Pasadena and these felony charges are the result of alleged sexual assaults against two girls at the camp. McFarland has also been charged in a separate case with abusing children at another boot camp. In the abuse case, McFarland is being charged with false imprisonment, kidnapping and extortion. McFarland is currently being held on $275,000 bail.

In California, sexual assault or battery is the touching of the intimate part of another, against their will for sexual arousal, gratification or abuse. Penalties for sexual assault include jail/prison time, probation, fines, and registration as a sex offender. Registering as a sex offender allows the public to find out if any people convicted of sex crimes reside in their area. Registering as a sex offender affects one's personal and professional reputation. Therefore, if you are charged with a sexual offense, contact an experienced criminal defense attorney to assist you in fighting your charges.

sexual offense Orange County criminal attorney Ronald Brower

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