Celebrating the 4th of July in Newport Beach? Watch Out for These 5 Crimes. (PC 240, PC 459, PC 488, PC 647(f), VC 23152(a), VC 23152(b)).
According to the OC Register, more than 100,000 visitors packed into Newport Beach, California to celebrate the Fourth of July in 2012. Newport Beach has approximately 85,000 permanent residents.
If you plan to celebrate this year’s festivities in Newport Beach, remember to party responsibly. The Newport Beach Police Department’s crime statistics indicate that the following five crimes typically experience a significant rise during the month of July:
1. Public Intoxication (California Penal Code section 647(f))
In July 2012, there were a reported 145 public intoxication arrests in Newport Beach. It is interesting to note that this was the only month to see a triple-figure amount for this offense. In fact, no other month saw more than 81 reported public intoxication offenses.
To convict you of public intoxication in Newport Beach, the prosecutor will need to prove the following elements beyond a reasonable doubt:
1. You were willfully under the influence of alcohol, any drug, or a controlled substance;
2. You were in a public place while under the influence of alcohol, any drug, or a controlled substance;
3. You were unable to exercise care for your safety or the safety of others; OR
4. You interfered with, obstructed, or prevented the free use of a street, sidewalk, or other public way because you were under the influence.
Skilled public intoxication lawyer at Wallin & Klarich, Andrei F. Lapine, recently got a public intoxication charge against our client completely dismissed. Our client was facing up to 90 days in county jail and 1-year suspension of his driver’s license if convicted. Due to Mr. Lapine’s tremendous efforts, the district attorney agreed to drop the charge after agreeing that the charge could not be proved beyond a reasonable doubt at trial. Click here to continue reading.
2. Petty Theft (California Penal Code section 488)
In July 2012, there were a reported 116 petty thefts in Newport Beach. This accounted for 16% of the city’s petty thefts in 2012.
To convict you of petty theft under PC 488, the prosecutor will need to prove the following elements:
1. You took possession of property owned by someone else;
2. You took possession of the property without the owner’s permission;
3. When you took the property, you intended to deprive the owner of it permanently or remove it from the owner’s possession for an extended period of time such that the owner would be deprived of a major portion of the value or enjoyment of the property.
The prosecutor also carries the significant evidentiary burden of proving three additional facts in order to convict you of petty theft:
1.The stolen property had a market value of $950 or less;
2. The property was not taken directly from the owner (e.g. pickpocketing); AND
3. The property is not of a special type, such as an automobile, firearm, or farm animal.
Recently, experienced Wallin & Klarich defense attorney Andrei F. Lapine helped one of our clients avoid time in a juvenile detention facility after she was accused of petty theft under PC 488. If convicted, our client faced up to 6 months in juvenile detention. Mr. Lapine used his extensive legal knowledge to raise a successful objection to the arresting officer’s testimony against our client. Read the full story here.
3. Assault (California Penal Code section 240)
There were 57 reported assaults in Newport Beach in July of 2012. Aside from August 2012 (52 reported assaults), no other month saw more than 50 reported assaults.
California Penal Code section 240 defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”
To convict you of assault under PC 240, the prosecutor must prove the following elements:
1.You acted willfully;
2. Your act was a direct and probable result in the application of force to another;
3. You were aware that the act would likely result in application of force to another; AND
4. You had the present ability to apply the unlawful force.
Consider the following example:
On the Fourth of July, you were celebrating with friends at Sharkeez in Newport Beach. As you approached the bar to grab a drink, another individual bumped into you. Believing this contact to be intentional, you swung your fist at the person’s face, but missed.
You may be convicted of assault if the prosecutor can prove the following facts:
1. Your punch was willful;
2. Your punch was a direct and probably result in the application of force to another;
3. You were aware that your punch would likely result in the application of force to another; AND
4. You had the present ability to punch the person.
4. Burglary (California Penal Code section 459)
In July 2012, there were 44 reported burglaries in Newport Beach. According to NBPD’s crime statistics, 27 of these burglaries were residential burglaries.
There are two types of burglary offenses- first and second degree burglary. The prosecutor will need to prove the following elements to convict you of first degree burglary:
1. You entered an inhabited home or a room inside of an inhabited home; AND
2. When you entered an inhabited home or a room inside of an inhabited home, you intended to commit theft or another felony.
To convict you of second degree burglary, the prosecutor will need to show the two elements listed below:
1. You entered an enclosure, such as a building, room, vehicle, vessel, cargo or container; AND
2. When you entered an enclosure, such as a building, room, vehicle, vessel, cargo, or container, you intended to commit a theft or another felony.
Outstanding criminal defense lawyer Christopher Lee recently convinced the district attorney to drop two felony burglary charges against our client, thus allowing him to maintain his employment. If convicted of both charges, our client faced up to 1 year in county jail and termination of his employment. After several negotiations with the district attorney, Mr. Lee persuaded the prosecutor that the charges against our client were not proportional to the alleged conduct. Click here to read more.
5. DUI (Vehicle Code section 23152(a), 23152(b))
July 2012 saw a reported 42 DUI offenses. Fortunately, the city of Newport Beach often closes its busiest streets (e.g. Balboa Ave) during the Fourth of July festivities in order to protect visitors and residents alike.
You may be charged with a DUI under VC 23152(a) or 23152(b). The punishment for a DUI will be the same regardless of which code section you are charged under.
To convict you of a DUI under VC 23152(a), the prosecutor must prove the following two elements:
1. You drove a vehicle; AND
2. When you drove the vehicle, you were under the influence of an alcoholic beverage, drug, or the combined influence of both.
The prosecutor will need to show the following two elements to convict you of a DUI under VC 23152(b):
1. You drove a vehicle; AND
2. When you drove the vehicle, your blood alcohol level was 0.08% or more by weight.
Top Newport Beach DUI defense attorney, Matthew B. Wallin, recently earned a dismissal of all DUI charges against our client. If convicted of the charges, our client faced up to 6 months in county jail, up to $2,000 in court fines, and a loss of his driver’s license. Mr. Wallin achieved this outstanding result by challenging the legality of the arresting officer’s traffic stop. Full story here.
What can Wallin & Klarich do for you?
The skilled criminal defense attorneys at Wallin & Klarich have over 30 years of experience successfully defending clients accused of criminal offenses. Our law firm approaches every case with the belief that the person we are defending could be one of our own family members. We have seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times — 24 hours a day, 7 days a week, 365 days a year.
Our offices are located in Orange County, San Bernardino, Los Angeles, San Diego, Riverside, West Covina, Victorville, Torrance, Sherman Oaks, and Ventura. Call us today at (888) 280-6839. We will get through this together.