Domestic Violence

Published on: August 29, 2010

Disturbing Southern California DUI Charge – Suspect Beat His Girlfriend While on DUI Rampage

Driving under the influence in Southern California is — in and of itself — an extremely dangerous and perhaps even deadly thing to do. But a Mill Valley man by the name of Scott Lindner has been arrested not only for Southern California DUI but also for allegedly assaulting a female passenger while smashing his 2010 Honda Accord into a variety of objects during what can only be described as a DUI rampage.

The couple had been arguing at Marin County’s Olema Campground, when they got into Lindner’s 2010 Accord. The 22-year-old Lindner crashed his car into a parked truck and then slammed into a metal pole (part of a propane tank enclosure), causing his 20-year-old female passenger to get thrown from the car and suffer injuries. For whatever reason, the woman got back into the car with Lindner, and they peeled off down Highway 1. Throughout an 8-mile drive, Lindner continued to hit his passenger, hurting her more. His rampage finished at Sir Francis Drake Boulevard, when the Accord plowed into a curb and came to a stop blocking the eastbound lane of traffic. CHP officers quickly arrived and arrested Lindner for felony traffic charges. Lindner’s passenger was taken to a nearby hospital. Investigating officers found that Lindner had been on parole with the State’s Department of Corrections, and the CHP released a statement that said the Lindner was back on parole hold.

This disturbing case gives us an opportunity to discuss the difference between a “standard” non-injury Los Angeles DUI and an injury DUI. A non-injury charge might be prosecuted pursuant to California Vehicle Code Sections 23152(a) and 23152(b); but an injury Pasadena DUI will be charged according to two different sections, California Vehicle Code Sections 23153(a) and 23153(b).

Essentially, the injury subsections of the CVC stipulate that an ordinary misdemeanor DUI charge can be elevated to a felony if the driver hurts another person in the course of operating a vehicle while DUI. A felony is a much more serious charge than a misdemeanor. It carries stricter penalties. Convicted felons lose the right to vote and face a much more difficult road back to normalcy. Felons have a harder time securing loans, leasing cars and apartments, getting jobs and generally readapting to life after the conviction.

So if you have been charged with an injury DUI in Glendale or elsewhere throughout the Southland, it’s in your interest to explore your options for best legal defense.

Published on: January 4, 2010

Charlie Sheen Arrested for Felony Domestic Violence…..Just Like Years Ago When He was Arrested For A Los Angeles Domestic Violence Case

by Michael Kraut

Charlie Sheen has been arrested again for domestic violence towards the women in his life. Recent reports out of Aspen, Colorado concerning Brooke Mueller tell a story of continued violence. According to reports, Sheen was arrested for two felonies an one misdemeanor on Christmas Day. The 911 call made public this week by Mrs. Sheen clearly illuminates the panic and confusion in the house. The last time he was arrested for a Los Angeles domestic violence case.

On the tape Brooke can be heard telling police that Sheen had held a knife to her throat and then choked her. According to Brooke, while he was being physical, he was yelling that he was going to kill her. Brooke’s drunken voice can be heard on the tape.

After the arrest, a judge issued a protective order that separates the Sheens from each other. While the court order is still in effect, both parties have asked the court to modify the ruling to allow them to see each other. At this time, Charlie Sheen’s 10 month-old twins are remaining in Aspen with mom, while the actor is back in Los Angeles working on the set of Two and Half Men. Sheen’s top-rated Los Angeles criminal defense attorney is working behind the scenes in what is known as pre-filing investigation to stop any charges from being filed
This is not the first time that Sheen has been arrested for violence on the women he claims to love. Several years ago Sheen was charged with a Los Angeles domestic violence case for severely beating his girl friend at the time, Brittany Ashland. In 1996, Sheen was arrested and charged with pulling his girl friends hair while slamming her down on a marble floor. He then knocked her unconscious and then caused an injury to her face that required stitches to close the wounds. According to Ashland he then stripped her of the bloody clothes she was wearing and then told her that if she told anyone he would kill her.

Court records indicate that Sheen pled guilty to criminal charges in the 1996 case. Ashland’s attorney is urging the District Attorney in Colorado to not modify the order.

Published on: December 2, 2009

Tiger Woods involved in a Domestic Violence incident and was the Victim

by Michael Kraut

Tiger Woods, the popular champion golfer apparently was involved in a domestic violence incident. Rather then being the violent perpetrator, Mr. Woods was chased from his house by his wife, Elin Nordegren. According to reports, Ms. Nordegren was furious about an affair that Tiger Woods was having a 24-year-old cocktail waitress.

If the stories of her assault were correct, then she could have been charged with domestic violence. Under California law, an assault with a weapon is a strike offense and could lead to four years in prison. Ironically, had Tiger Woods been driving under the influence of alcohol when he crashed into the fire hydrant, he could have been charged with a DUI. However, these facts were never even alleged against the pro-golfer.

Tiger Woods’ wife blasted his mistress in a furious phone call when she found out about their affair. The “other woman” Jaimee Grubbs, is a Los Angeles cocktail waitress. A smart woman, Tiger’s wife called her from a blocked number and when Ms. Grubbs asked who was calling, Mrs. Woods said “you know who this is because you’re fuc*ing my husband.”

As details of the car crash and Tiger Woods’ wife chasing out of the house and threatening him with, of all things, a golf club, Tiger finally admitted that he had cheated on his wife and apologized for what he had done.

Ms. Grubbs is the second person to be allegedly connected to Tiger Woods. Immediately after the 2:00 AM crash of his $50,000 Escalade, the press was reporting his connection with Kalika Moquin, a Vegas nightclub promoter.

According to reports, Tiger Woods complained to friends that his wife had gone ballistic on him and scratched his face just hours before the car crash.

Published on: June 21, 2009

Chris Brown will be ina Los Angeles Courtroom to Face Multiple Felony Charges for his Los Angeles Assault

by Michael Kraut

On June 22, 2009, actor Chris Brown will face the judge for his Los Angeles assault on Rhianna. The prosecution will need to prove that Brown assaulted and verbally threatened Rhianna several months ago. Brown is being defended by his legal team composed of Los Angeles assault defense attorneys. Now it will be the time when rumors and innuendo is put aside and the facts will be put forth under oath.

Brown will have a preliminary hearing. This is a court proceeding in which the prosecution will have to prove that a crime was committed and more likely then not, Brown committed the crime. This standard of proof is very low at this point for the prosecution. They do not have to put all of their evidence on the table, just enough to tip the scales of justice.

Rhianna has been subpoenaed to appear in court and she is expected to testify truthfully against Brown. It will be her testimony that determines if Brown will eventually face custody time in jail or prison, or if the charges are reduced to misdemeanors or even dismissed.

Published on: June 12, 2009

Rihanna Subpoenaed on the Chris Brown Los Angeles Domestic Violence case

by Michael Kraut

Singer Rihanna has been subpoenaed for the up coming criminal case against Chris Brown. Her attorney’s have publicly stated that she was served with a criminal subpoena served on behalf of the Los Angeles District Attorney’s Office for the June 22, 2009 hearing.

Under state law, if she fails to appear after being properly served with the subpoena, she could be arrested and jailed. However, former Deputy District Attorney Michael Kraut, now managing attorney of the Kraut Criminal & DUI Lawyers, has stated that the Los Angeles County District Attorney’s Office has a policy of not arresting domestic violence victims if they fail to appear or testify at a criminal hearing.

The June 22, 2009 hearing, will be a preliminary hearing in which the prosecution must put forth evidence to show that a crime was committed and that the evidence points to Chris Brown committing the crime.

If she testifies as expected, it is likely that Chris Brown will be held to answer on several serious felony crimes.

Published on: March 2, 2009

Chris Brown and Rihanna Reunite in Los Angeles. Will Chris Brown Face Criminal Charges?

by Michael Kraut

After Chris Brown and Rihanna had their violent encounter on February 8, 2009, in Los Angeles, things may be changing. Initial reports emerged that Rihanna had received a text page that enraged Chris Brown to the point that he became exceptionally violent with the pop star in the Los Angeles Hollywood suburb of Handcock Park earlier this month. News reports are now circulating that the two have reunited as a couple. It is now up to his Los Angeles domestic violence defense attorney to attempt to lower the charges, or have the case thrown out completely.

New organizations are beginning to report that because the two have been seen together, then Chris Brown will not face criminal charges. That cannot be further from the truth. Domestic violence is like no other crime prosecuted in Los Angeles. In almost 80-90% of the cases, the victim and the assailant get back together. The fact that a couple reunite after a violent episode does not mean that the prosecution is powerless to prosecute the crimes that had occurred. In almost all cases a victim in a domestic violence case will refuse to testify or will minimize what actually occurred during the criminal incident. Because the prosecution is aware of these facts, they almost always demand that the police or other investigatory agency, tape record the statements of the victim. That way the victim can be impeached on the witness stand if they “go backwards” on the statements they previously made.

The result to Chris Brown will be most likely seen in the punishment that he receives. He will most likely still be prosecuted for the crime, but if Rihanna tells the court that she was the aggressor or that Chris Brown was merely defending himself from her attack, then the prosecution could decide to drop any charges that they might be considering. If they still decide to prosecute then a top notch Southern California criminal defense attorney would be able to argue that the facts indicate that it was a case of mutual combat, or that Chris Brown was defending himself. If that were to occur then the prosecution would most likely not file criminal charges.

Published on: February 9, 2009

Chris Brown in Jail for Threatening and beating Rihanna in Los Angeles

by Michael Kraut

Early Sunday morning the day that she was supposed to perform at the Grammys, pop star Rihanna was was seen crying and shaken after she and Chris Brown had an altercation in the quiet neighborhood of Hancock Park in Los Angeles.

Police would not identify the woman in the domestic violence incident due to the laws of confidentiality. While Brown made his $50,000 bail, he immediately hired a pre-filing Los Angeles criminal defense attorney to represent his best interests. As often happens in domestic violence cases, the police choose one side and then seek the evidence that will support that position. If all facts are true, Chris Brown could face 9 years in state prison.

Los Angeles Domestic violence is a serious crime. In order for the prosecution to convict him of domestic violence, they must prove that Brown was in a relationship with Rihanna, or that they have children in common, or live together in a sexual relationship. Next they must prove that Brown inflicted a traumatic injury and that he did so not as an act of self defense.

Police will spend a lot of time talking to Rihanna early during the investigation. They will get as many statements from her and her friends and witnesses because as time goes on, most domestic violence victims will become less and less cooperative and many will refuse to testify against suspects in these cases. So the police secretly tape record these statements to later use in court.