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Law Office of Ronald G. Brower Blog

 

Saturday, January 28, 2012

Catholic School Teacher Facing Charges of Lewd Acts on Child

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


Ricardo Aldana will be arraigned on Monday on seven felony counts of lewd acts on a child for allegedly engaging in sexual acts with a 14-year-old. Aldana was a former JSerra Catholic High School teacher who taught Spanish and was a boys soccer coach. Aldana is accused of meeting the alleged victim when she was a 13-year-old student, befriending her and eventually gaining her trust. After she turned 14, he allegedly inappropriately massaged her over her clothes in a classroom when they were alone. On another occasion, Aldana allegedly picked the student up from her home and took her to his house where they engaged in "substantial unlawful sex acts." If Aldana is convicted of all seven felony counts, he faces at least seven years in prison.

Lewd acts on a child under 14-years-old requires touching of a minor with the intent of arousing or appealing to the sexual desires of you or the child. If you are charged with committing lewd acts on a minor, a defense attorney will investigate these claims by interviewing the alleged victim's family and friends. The attorney will also look into the alleged victim's school records, medical records, and phone records.  If you are convicted of lewd acts on a child, you face jail/prison time, probation and court ordered counseling. You will also have to register as a sex offender, which affects your job and reputation. Possible defenses include lack of intent, accident, or false accusations. Therefore, if you are convicted of lewd acts on a child or any other sexual offense, please contact an experienced criminal defense attorney right away to assist you.

sexual offenses Orange County criminal attorney Ronald Brower

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Tuesday, January 17, 2012

Rehab President Pleaded Guilty To Domestic Violence

Source: Orange County Register.

On December 4, 2011, Newport Beach police were called to the scene of an alcohol related physical altercation. Raymond Jeffrey Yates, the president of Morningside Recovery (a rehabilitation home in Newport Beach), was arrested and charged with misdemeanor domestic violence and a sentencing enhancement for causing great bodily harm. Last Friday, Yates pleaded guilty to the misdemeanor domestic violence charge and the sentencing enhancement was dismissed. Yates was sentenced to jail, was given three years of probation, was ordered to do community service, and has to pay restitution.

California law makes it illegal to threaten to harm or harm an intimate partner. Sentences depend on the injury caused and the defendant's criminal record. Someone convicted of domestic violence can be sentenced to prison/jail, probation, be required to do community service, be required to attend anger management classes, and be ordered to pay fines and restitution. A victim of domestic violence may obtain a restraining order against the accused if they are in fear of their safety. If you are charged with domestic violence, contact an experienced criminal defense attorney right away to assist you in fighting your charges and/or reducing your sentence.

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Tuesday, January 10, 2012

Two Juveniles Arrested After Robbery of Convenience Store in Garden Grove

Pictured Above: Surveillance Video. Source: Garden Grove Police Department.


One teenager was arrested on Tuesday and another one turned himself on Monday after surveillance videos were released of a convenience store robbery in Garden Grove. On December 28, 2011, a Circle K convenience store clerk questioned two juveniles  about the beers that they were trying to purchase. The two teens then attacked the store clerk. Alex Ruiz, a good Samaritan, saw the attack and tried to assist the clerk, but was also attacked. After the fight, the two teenagers took the beers and ran away. They face charges of robbery, assault and battery.

Robbery is the taking of another's property from their possession or presence, against their will, with force or threat and with the intent to permanently deprive them of that item. Defenses to robbery include lack of intent, lack of force or threats, or mistake. Battery is the harmful or offensive touching of another.  An assault is an attempted battery without actual physical contact or harm. Assault requires an attempt to commit a violent act and the ability to commit the violent act.  Defenses include accident or self defense. If you are charged with robbery, assault, or battery, contact an experienced criminal defense attorney right away to assist you.

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Thursday, January 5, 2012

Initiative May Change California Three-Strikes Law

Pictured Above: Inmates at the California State Prison in Lancaster. Source: Los Angeles Times.

An initiative to change California three-strikes mandatory-sentencing law is one step closer to appearing on the November voter's ballot. A similar initiative appeared on the 2004 ballot and was rejected by California voters. This change would reduce the sentences for those who are convicted of nonviolent felonies and already have two prior felony strikes against them. This change would result in state prison savings of over millions of dollars annually and over $100 million over time. Although this would save the state money, it may increase local government court costs. Proponents must now gather 500,000 signatures to qualify for the November ballot.

Under California three-strikes law, if you have already been convicted of two strikes, one more felony conviction (of any kind) will result in a sentence of 25-years-to life in prison. If you have been convicted of one strike and receive a second strike, the sentence for that second felony will be double the normal sentence for that crime. A prior conviction constitutes a strike if it a serious or violent felony. If you are convicted of a crime that is considered a strike, contact an experienced criminal defense attorney right away. A defense attorney can ask that the court dismiss the strike allegation for  the “furtherance of justice.”

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