California Criminal Lawyer Blog

By now, just about everyone has heard about the domestic violence allegations against Mel Gibson. A recent People Magazine story includes insight from several legal professionals, including Los Angeles criminal defense attorney, Steve Sitkoff, regarding what is at stake in this criminal investigation amidst a heated child custody battle.

When asked if the leaked tapes allegedly of Mel Gibson and ex-girlfriend, Oksana Grigorieva, will be admissible in court, Mr. Sitkoff stated, “In general, it's illegal to tape someone without their knowledge but it's sometimes allowed in domestic violence situations.” However, Mr. Sitkoff makes the important point that the law in that regard is not always so apparent due to a substantial amount of gray area. Mr. Sitkoff continues, stating, “If the tapes are deemed illegal, they won't exist to a jury. The motive of the taping appears suspect; Oksana is extremely calm and appears to be provoking him. And if Mel was under the influence while making his threats, that would make it even harder to prove criminal intent."

In addition to Mr. Sitkoff’s contribution to readers’ understanding of the legality of evidence in the Mel Gibson domestic violence case, other matters covered in the article relate to potential jail time for Mr. Gibson, extortion charges against Oksana, the court’s denial of Oksana’s request for all of Gibson’s custody rights to be taken away, and the question of the tapes’ authenticity.

Steve Sitkoff is a criminal defense attorney in Los Angeles and partner of the California criminal defense law firm of Takakjian, Sowers & Sitkoff LLP. For more information about the successes of Mr. Sitkoff and the firm in defending the rights of individuals accused of domestic violence and other criminal offenses, please visit www.former-district-attorneys.com.

Well known actor Mel Gibson is being investigated for alleged domestic violence, according to a Contra Costa Times article. The Los Angeles County Sheriff’s Department released a statement referring to an incident on January 6 between Mel Gibson and former girlfriend.

Law enforcement began investigating the allegations against Mr. Gibson after being contacted by the alleged victim. The article mentions that the couple has been involved in a heated child custody dispute over their 8-month-old daughter. A domestic violence restraining order was filed on June 25, alleging that Mr. Gibson punched her in the face multiple times. However, it is reported that sources have said that Gibson denied the allegation, stating that Mr. Gibson was just trying to stop Grigorieva from hurting the infant. Additional details regarding the domestic violence charges and any potential evidence have not been disclosed at this time.

Los Angeles domestic violence allegations should not be made or taken lightly. Many of these allegations are made after heated arguments, creating the potential for exaggeration. Those convicted of domestic violence, or spousal abuse, face severe penalties and life-altering consequences, making false domestic violence convictions all the more serious.

Continue reading "Mel Gibson Being Investigated for Domestic Violence" »

Some people are surprised to learn that domestic violence doesn’t have to be between a husband and a wife. It can be between two people in a relationship or who used to be in a relationship. Domestic violence can also involve children and the elderly. Serious penalties can await the individual who caused physical harm or made threats, despite being a male or a female. Police officers can make an arrest and issue a report for misdemeanor or felony prosecution if they have reasonable belief that a wrongful act of violence or threat was made. A recent and very public California domestic violence case involves pop-icons Rihanna and Chris Brown.

Rihanna, 21 was subpoenaed to appear in a Los Angeles court on June 22, 2009 to give her testimony against Chris Brown, 20 for an alleged domestic violence assault that occurred more than four months ago. People.com sought a legal opinion from Los Angeles criminal defense attorney, Stephen David Sitkoff, as to whether the prosecution would consider Rihanna a reliable witness. Sitkoff stated, “Prosecutors wouldn't bring her in to testify if they didn't think she was going to be a solid witness…if Rihanna was going to change her story out of fear or to protect Brown, it generally would've happened by now."

This preliminary hearing would have established if there was substantial evidence for a trial against Brown and whether his two felony charges—assault and making criminal threats--would be dismissed or reduced.

Continue reading "Rihanna and Chris Brown Domestic Violence Case" »

Singer Chris Brown has pleaded not guilty to two charges of felony assault in a domestic violence case against him, according to this CNN report. The 19-year-old Brown is facing charges of assaulting singer Rihanna, his former girlfriend. If convicted of these charges, the sentence could range from probation to four years and eight months in prison. The alleged attack occurred in February that began when 21-year-old Rihanna, who had been dating Brown, found a text message from another woman on his cell phone. Brown issued a public apology for the incident in February.

In this case, Chris Brown has also been charged with making criminal threats. What is a criminal threat? California Penal Code section 422 states that you can be charged with a crime if you threaten to kill or inflict great bodily injury, even if you don't intend to carry out the act. The threat can be verbal, in writing through e-mail or texting via cell phone. The only requirement for this charge is that a person is reasonably fearful for his or her personal safety. A criminal threat charge is a "wobbler," which means that it could be charged as a misdemeanor or a felony.

You don't have to be married in order to face a California domestic violence charge. You could be living with your girlfriend or even go out on a first date and an incident stemming from such relationships could be viewed as "domestic violence." If you are facing an assault or domestic violence charge, please get in touch with an experienced Los Angeles criminal defense lawyer, who has the experience and the resources to build your defense and obtain the best possible result in your case. Call Takakjian, Sowers & Sitkoff, LLP for a free and confidential consultation.