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About Los Angeles Criminal Law Center

Los Angeles Criminal Law Center is sponsored by The Rodriguez Law Group, a criminal defense firm serving Los Angeles, CA and the surrounding areas. The Rodriguez Law Group was founded by Ambrosio E. Rodriguez, a former prosecutor with over 18 years experience. During his time as a prosecutor, Mr. Rodriguez handled serious criminal matters including sex crimes and death penalty cases. The information on this site is intended to assist anyone going through the criminal justice process.

Celebrity homes in Los Angeles continue to the be the target of break-ins. Earlier this month, local police arrested a man on suspicion of burglary after he was seen entering Rihanna’s Los Angeles home. The pop star and actress was not home at the time of the breach. However, police were forced to use force to remove the intruder from her home. The state is currently investigating the incident and determining if there is sufficient evidence to charge the intruder with residential burglary.

Burglary in Los Angeles

What exactly is burglary? California law defines the crime to mean entering another person’s property with the intent to commit a theft or felony. Burglary is classified as “residential burglary” or “first-degree burglary” when the property is another person’s home or residence. Burglary is classified as “commercial burglary” or “second-degree burglary” when the target property is not a home or residence.

Does Burglary Have to Occur at Night?

The man suspected of burglarizing Rihanna’s home was arrested around 10 o’clock in the morning. Doesn’t the crime of burglary have to occur at night? Contrary to popular belief, there is no requirement that a burglary take place at night. While this may have been true years ago under the common law definition of the crime, burglary can occur at any time of the day.

How Do Police Prove Entry With Intent to Commit a Crime?

In order to be guilty of burglary, you must enter another person’s property with the intent to commit a felony or theft. If you enter property and then subsequently develop the desire or intent to commit a crime, you would not be guilty of burglary. (You would, however, likely be guilty of another crime if you followed through with your plan.)

How do police prove that this intent existed when you entered a house or property? The answer will depend on each specific case. However, the state will generally search for various pieces of evidence to support the argument that you were equipped with intent to commit a crime before entering property. This may include:

  • Possession of tools commonly used in breaking and entering
  • Possession of items belonging to the property owner
  • Evidence showing that you surveilled the home and/or owner to determine when the property would be empty, and/or
  • Prior arrests and/or convictions for similar crimes.

One piece of evidence may not be sufficient to satisfy the state’s burden of proof in a criminal case. Multiple pieces of evidence considered together, however, may be more persuasive.

Consequences of Burglary in Los Angeles

Burglary is a serious crime in Los Angeles, and a conviction can have devastating consequences for your future.

Residential Burglary: Residential, or first-degree, burglary is always a felony in California. A conviction is punishable by:

  • 2, 4, or 6 years in a California state prison
  • $10,000 in criminal fines
  • Formal probation
  • Counseling
  • Restitution, and/or
  • Community service.

Commercial Burglary: Commercial, or second-degree, burglary can be charged as a misdemeanor or a felony in California. The specific charge will often depend on the factors of the crime itself, whether any victims were harmed because of your actions, as well as your criminal record.

When charged as a misdemeanor, commercial burglary is punishable by 1 year in a Los Angeles jail and/or $1,000 in fines. When charged as a felony, commercial burglary is punishable by a maximum of 3 years in prison and/or $10,000 in fines.

Defending Burglary Charges in Los Angeles

An arrest does not automatically mean that a person will be charged, tried, and convicted of a crime. The best way to protect yourself from the consequences of an arrest is by asserting a strong defense. The state has to prove that you are guilty of a crime beyond a reasonable doubt. Any arguments you present in your defense will help to cast doubt on that guilt and limit the consequences of your arrest.

Arguments that may be helpful in defending yourself from charges of burglary include:

  • False accusation
  • Mistaken identity
  • You did not enter with the intent to commit a crime
  • You mistakenly entered property unlawfully, and/or
  • You thought you had consent to enter the property.

If evidence was gathered in violation of your Constitutional rights, you can also seek to have any tainted evidence suppressed. Without evidence to support its case, the state may be forced to offer a plea or drop the charges.

Arrested for Burglary? Contact the Los Angeles Criminal Law Center for Help

When you are facing criminal charges in Los Angeles you need the help of an experienced criminal defense lawyer. At the Los Angeles Criminal Law Center, our attorneys are prepared to help you defend your future. Call us today to schedule a free consultation with our legal team. We will review your case, explain your rights, and answer the questions you have.

You may remember that, earlier this year, a social media video showed a now 21-year-old Los Angeles man using his feet to drive an SUV on a busy Saugus road. Moments after the social media video was recorded, the SUV was involved in an accident that injured five people. According to reports, the SUV veered from its lane of traffic over a double yellow line and was broadsided by another vehicle. Most of the reported injuries were minor. However, one victim did suffer a significant chest injury.

The now infamous “foot driver” has been arrested for drunk driving after police investigated the crash.

Age and Drunk Driving in San Diego

When police arrived on the scene of the accident both drivers were tested for drugs and alcohol. The driver of the SUV tested negative for drugs but had a blood alcohol concentration (BAC) of .05 percent. In California, it is illegal for a driver under the age of 21 to operate a motor vehicle with a BAC exceeding .02 percent.

At the time of his arrest, the SUV driver was 21 years old. However, back in February when the accident occurred, the SUV driver was only 20. As a result, he was unlawfully operating a motor vehicle while under the influence of alcohol. Could the SUV driver have escaped drunk driving charges if the accident had happened after he turned 21? Not necessarily.

Per Se Intoxication vs. Reasonable Suspicion of Intoxication

In California, there are two situations in which you can be arrested for drunk driving.

The first, defined in Vehicle Code 23152(b), is when your BAC exceeds the legal limit. For adults, the limit is .08 percent. For drivers under the age of 21, the limit is .02 percent. If you have a commercial driver’s license (CDL), the limit is .04 percent. Any time your BAC is above the limit, you can be arrested for per se intoxication.

The second, defined in Vehicle Code 23152(a), is when police have reasonable suspicion to believe that you are under the influence of drugs or alcohol. This type of DUI does not require you to have a certain amount of alcohol in your system. Instead, it is a subjective assessment made by police that you are unfit to drive safely. Specifically, “under the influence” means that your “mental or physical abilities are so impaired that [you are] no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.”

Since you can be arrested for DUI even if your BAC is not above the legal limit, the SUV driver would likely still be facing criminal charges if he were 21 at the time of the accident.

DUI Causing Great Bodily Harm

The SUV driver is not just being charged with a straightforward misdemeanor DUI. Since a victim suffered a serious injury in the crash, the SUV driver is facing charges for DUI causing great bodily harm. This is a much more serious DUI crime that is charged as a felony.

The penalties for DUI causing great bodily harm can be incredibly harsh. The specific consequences that a person will face will depend on the extent of harm suffered by the victim and the driver’s criminal record.

DUI causing great bodily harm is punishable by:

  • 16 months – 16 years in a California state prison
  • $5,000 in criminal fines
  • Loss of your driver’s license for 5 years
  • Probation
  • Community service, and/or
  • DUI School for 30 months.

Fighting DUI Charges in Los Angeles

The SUV driver has likely contracted an experienced Los Angeles criminal defense attorney for assistance with his defense. The state must be able to prove that he is guilty of the offense by a reasonable doubt. In this case, they will likely rely on the social media video, breathalyzer results, and eyewitness testimony. The defendant’s attorney will argue any defense that helps to (a) cast doubt on his guilt and (b) attacks the validity of the state’s evidence. A strong defense can help a defendant secure a favorable plea deal or even get the charges dropped altogether.

If you have been arrested for DUI in Los Angeles do not hesitate to contact the Los Angeles Criminal Law Center for help. We will review your alleged crime, explain your rights as a defendant, and determine the best defense for your case.


Think twice before sending sexually-explicit photographs to a minor. A Long Beach doctor was recently arrested after he sent lewd photographs to a person he believed to be a 16-year-old girl. The doctor actually sent the photographs to an undercover police officer posing as a teen. He is facing felony pornography charges and a misdemeanor charge for arranging a meeting with a minor for a lewd purpose.

Sending Sexually-Explicit Photographs to a Minor

Sexting is a popular form of communication amongst America’s youth. Sending sexually-explicit messages and photographs can be perfectly fine, as long as both parties involved are (a) adults and (b) willing participants. Things can become messy when a recipient of sexually-explicit communications is a minor.

In California, sending sexually-explicit communications to a minor is a crime under Penal Code 288.2 PC. You can be arrested for sending pornographic material to a minor if you:

  1. Knew, should have known, or believed that a person was a minor
  2. Distribute, send, exhibit, or offer
  3. By physical delivery, photo, electronic communication, or in person
  4. Sexually-explicit communications
  5. To a person under the age of 18
  6. With the intent of arousing and seducing

Penalty for Sending Porn to a Minor

What is the penalty for distributing or showing pornography to a minor in Los Angeles? When charged as a felony under Penal Code 288.2 PC, sending porn to a minor is punishable by:

  • 16 months, 2 years, or 3 years in a California state prison
  • $10,000 in criminal fines, and
  • Formal probation.

Mandatory Sex Offender Registration

Penal Code 288.2 PC prohibits sending sexually-explicit communications to a minor with the intent to arouse and seduce. If convicted of targeting a minor in this way, the state requires a defendant to register as a sex offender.

Specifically, violating 288.2 PC mandates the life-long registration as a Tier 3 sex offender. In California, registered sex offenders are required to keep the state apprised of any changes about where they live, work, and travel. Registered sex offenders must also submit usernames, aliases, and other online user information to the state for monitoring purposes. In some cases, registered sex offenders may also be prohibited from using the internet or online communications.

Failure to register as a Tier 3 sex offender in California can result in additional jail time, fines, and consequences.

Is Mistake of Age a Defense?

The LA doctor believed that he was sending lewd photos to a 16-year-old girl. The fact that he was actually communicating with an undercover police officer is irrelevant. Penal Code 288 PC specifically states that a person’s belief that a recipient is a minor is sufficient.

The fact that his intent was to distribute pornographic materials to a 16-year-old is enough to warrant his arrest and the filing of criminal charges.

Is Entrapment a Defense?

The Long Beach doctor sent pornographic materials to a person he thought was a 16-year-old girl. As it turns out, the recipient was an undercover cop. Can he argue that he was entrapped? Entrapment occurs when police trick someone into committing a crime that they would not have committed on their own. In this case, the Long Beach doctor reportedly found the 16-year-old online himself and engaged in conversation. He was not approached by the 16-year-old or influenced by anyone to communicate with her.

Had police initiated the conversation and encouraged him to engage in illegal behavior, the end result may be different. However, as long as police did not trick him into committing a crime, entrapment is not a defense to his actions.

Fighting Criminal Charges in Los Angeles

Have you been arrested for a sex crime involving a child in Los Angeles? You have the right to defend yourself, and the Los Angeles Criminal Law Center can help. Contact our experienced Los Angeles criminal defense attorneys today to request a free consultation. We will review your case, explain your rights, and answer the questions you have.