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:
- You were willfully under the influence of alcohol, any drug, or a controlled substance;
- You were in a public place while under the influence of alcohol, any drug, or a controlled substance; AND
- You were unable to exercise care for your safety or the safety of others; OR
- You interfered with, obstructed, or prevented the free use of a street, sidewalk, or other public way because you were under the influence.
One of our skilled attorneys 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 the attorney’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:
- You took possession of property owned by someone else;
- You took possession of the property without the owner’s permission;
- 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:
- The stolen property had a market value of $950 or less;
- The property was not taken directly from the owner (e.g. pickpocketing); AND
- The property is not of a special type, such as an automobile, firearm, or farm animal.
Recently, an experienced Wallin & Klarich defense attorney 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. The attorney used his extensive legal knowledge to raise a successful objection to the arresting officer’s testimony against our client. Read the full story here.
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