(213) 858-2106 Los Angeles Criminal Defense Attorneys Our Los Angeles criminal defense law firm believes that our clients’ success determines our own, which is why we ensure collaboration with our clients to achieve their goals. Don’t let your rights be violated, we are here to help!

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Meet Marcus Gomez | Los Angeles Criminal Defense Lawyer

Criminal Defense Attorney

More than 40 years of experience and more than 1000 cases won.

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Los Angeles Criminal Defense Attorneys

Miranda Warning

If you are arrested, remember that the police officer must tell you the Miranda Warning.

  • You have the right to remain silent.
  • Anything you say will be used against you in a court of law.
  • You have the right to an attorney.
  • If you cannot afford an attorney the court will appoint one for you.

Criminal Case

Our legal team has extensive experience in this type of situation and will be able to defend you regardless of the severity of the charges.

Call us to let us know your case, our professionals will be able to help you in the best way.

We will take care of your case immediately!

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Los Angeles Criminal Defense Attorneys

Our criminal defense law firm believes that our clients’ success determines our own, so we ensure that we work with our clients to achieve their goals. Don’t let your rights be violated. We are here to help you!

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  • DUI
  • Aggravated Robbery
  • Murder & Homicide
  • Fraud
  • Assault & Battery
  • Drugs Possession
DUI

DUI Criminal Defense Attorneys in Los Angeles


We support you in Los Angeles DUI Defense cases. If you are stopped by an officer while driving and you believe it was a mistake, go immediately to a knowledgeable attorney who will clearly explain the terrain you are in and what your options and defenses are available to you. With our staff of attorneys, you can be assured of a defense in your case that will relentlessly look out for your best interests. That way you will be able to convince the court to drop or reduce the charges…

Aggravated Robbery

Aggravated Robbery Criminal Defense Attorneys in Los Angeles


Our Aggravated Robbery Criminal Defense attorneys will defend you against theft charges in Los Angeles. With over 1000 cases won, we will advise you on how to proceed. Reach out to our Aggravated Robbery defense attorneys so that we can represent you in court, and secure a defense, which will seek to defend you against all charges you have been accused of, and avoid jail time. It is important that you know your rights when appearing in court…

Murder & Homicide

Murder & Homicide Criminal Defense Attorneys in Los Angeles


Our Los Angeles homicide criminal defense attorneys will defend you against murder charges. We know the magnitude of this charge and have the experience to represent you in court. Manslaughter is a serious crime that requires a skilled defense attorney who knows your case…

Fraud

Fraud Criminal Defense Attorneys in Los Angeles


Our Fraud and Criminal Defense attorneys will defend you against any possible Fraud charges. If you are charged with this crime, it is best to seek legal advice from an experienced attorney who knows your case and cares about your safety. Contact our attorneys and we will proceed to defend you…

Assault & Battery

Assault & Battery Criminal Defense Attorneys in Los Angeles


Our Los Angeles Assault and Battery attorneys will stand up for you in court if you have been involved in an act of violence with another person. In the state of California there is a zero tolerance rule for any display of violence, so it is very important that you have a defense to defend you…

Drugs Possession

Drugs Possession Criminal Defense Attorneys in Los Angeles


We support you in Los Angeles DUI Defense cases. If you are stopped by an officer while driving and you believe it was a mistake, go immediately to a knowledgeable attorney who will clearly explain the terrain you are in and what your options and defenses are available to you. With our staff of attorneys, you can be assured of a defense in your case that will relentlessly look out for your best interests. That way you will be able to convince the court to drop or reduce the charges…

We have the practice and experience necessary to represent you in court, with over 40 years serving the Latino community, fighting for your rights, and winning thousands of cases for DUI, Assault & Battery, Robbery, Possession of Weapons and/or Drugs, Fraud, Murder and much more. Don’t let your freedom be violated because of misunderstandings, we have the best corps of attorneys, focused on a case by case defense, and working honestly, responsibly and effectively for over 40 years. Don’t say anything that can be used against you and go immediately to our Los Angeles Criminal Defense Attorneys.

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AGGRAVATED ROBBERY

What is Aggravated Robbery?

California Penal Code (CPC) §211-Robbery provides that the use of threats or force to seize another person’s property is a crime. Robbery is a felony and is punishable in the first and second degree.

When Robbery in the First Degree?

First-degree robbery in California refers to the Robbery of another person’s property or personal property and is carried out with violence or out of fear of injury or death.

Example: When a person takes another person’s cell phone and leaves while the victim is distracted. This crime would fit better as misdemeanor robbery, since there was no violence.Another example, the robbers enter a property, and the owners are not found. They take several valuables and leave.

When is Second Degree Robbery ?

If a person commits the act with an accomplice on the premises, they will be sentenced to second-degree robbery. If the perpetrator caused harm to a person not involved in the case, or used a gun, knife, or other lethal weapon during the robbery, second-degree robbery can also occur.

Example: The defendant takes someone else’s property by threatening the victim or raping the victim with a knife or firearm. This is precisely the use of violence to obtain the stolen property.Another example, if the robber enters a property takes valuables and the owners are inside the house and surprise him. 

How is it Punishable in California?

1st Degree: Robbery or trespassing is a first degree felony and a serious crime in California. Once convicted, the maximum penalty is two to six years in prison.

For Second Degree Robbery, this is a change in California. This means that you can be charged with a crime or illegal act. As a crime, second-degree robbery is punishable by fines and a sentence of one to three years in prison. However, if the individual is convicted of this crime and sentenced to prison, he or she can add another year of imprisonment for each prior felony conviction on record. If the victim is unable to defend himself or herself, i.e., persons 65 years of age or older, or under 14 years of age, disabled, hearing impaired, or handicapped, two additional years of imprisonment may be added. In addition, if the victim has suffered substantial actual harm due to this crime, the defendant’s sentence may be increased from three to six more years. Under California Penal Code section 489, if the individual at the time of the robbery possessed a firearm, the penalty can be three years in prison.

What Happens if Innocent People are Wrongfully Accused of Theft Crimes Based on False Accusations or Misleading Evidence ?

If someone has wrongfully accused you of a crime, but has not been prosecuted, it is best to talk to a lawyer about the situation and get more advice about what to do and what not to do. If you are formally charged or arrested, a lawyer can provide you with advice, which may address the alleged crime and may be on hold at any time. Now suppose someone makes an accusation against you. Your first tendency may be to try to talk to the person and “solve the problem” because you know each other, this is a complete misunderstanding. Don’t do it.

Such conversations can further complicate things between you and the complainant or the accused victim. You may also be accused of trying to intimidate witnesses. Obviously, being accused or wrongfully accused of a crime is very stressful, especially when an incident occurs suddenly. If you find yourself in this situation, you only need to do two things to change your situation: consult an attorney before talking to anyone and have the evidence in your hands.

ATTEMPT MURDER

What Can I Do If I Am Charged With Attempted Murder? 

The first thing is to go to your experienced criminal defense attorney. They will help you to be acquitted of your charges, proving that you had other motives for committing the crime. In addition, you may wish to seek the following circumstances:

  • Violating the chaos law of California Penal Code 203, incapacitating the accused victim.

  • Frightening the accused victim into violating “Section 240 of the California Penal Code” or “Section 245 of the California Penal Code” Assault with a Deadly Weapon “.Other reasons could be, if you have been falsely accused, misled or confused with the criminal, there is not enough evidence, and you did not intend to kill or did not take any obvious steps to accomplish the action, or if you acted in self.defense against someone because you are trying to kill them during an incident you did not cause, you have the grounds to be acquitted of any crime that involved you.
How is Attempted Murder Punishable? 

Depending on the degree of the crime, it is punishable under Penal Code 187 of the California Murder Act.

Attempted Murder in the First Degree? 

If you have been convicted of an act with intent, i.e., you were aware of and wanted to do the act, you will face life in prison in California and may be released on probation in California as a “prisoner for life” now, If you were convicted of attempted murder of a law enforcement individual such as a firefighter, police officer, or other protected individual in the line of duty, you will face the same sentence but will have to serve 15 years in prison.

Attempted Murder in the Second Degree? 

If you are convicted of a crime you did not intend, you will be sentenced to five or up to nine years in state prison.

There are other penalties that cover both degrees, such as a $10,000 fine and the loss of the right to own or possess a firearm.

Offenses for which you can be charged with attempted murder.

Under California Penal Code 664 and 187 you can be charged with attempted murder for the following actions:

  • California Penal Code 246 PC states that shooting at an occupied home or vehicle is sufficient grounds for a plea of attempted murder of the individuals who were inside the home or car.

  • Penal Code 26100 PC indicates that it is a crime and attempted murder to participate in a drive-by shooting because you intend to kill someone.

MURDERS AND HOMICIDE

When is First Degree Murder?

Under California’s first-degree murder law, homicides that can be classified as first-degree murder include weapons of mass destruction, bombs or explosive devices, armor-piercing ammunition, poison, and firearms fired from automobiles. When the defendant committed a murder after stalking or torturing the victim, it also includes murder by committing or attempting to commit a felony, such as robbery, burglary, rape, kidnapping, and other specified crimes.

How is First Degree Murder Punishable?

In California, there are three forms of sentencing; 25 years in state prison, life imprisonment or the death penalty (although it should be noted that the death penalty is currently suspended). State law requires life imprisonment or life in prison for homicides involving special circumstances under the California Penal Code. For example, when the individual’s objective is to kill others for financial gain.

California Penal Code in first degree murder:

  • Penal Code 451 PC Arson,
  • Penal Code 211, Armed robbery,
  • Penal Code 459 PC Robbery,
  • Penal Code 215 PC Car theft,
  • Penal Code 219 PC Train wrecking,
  • Penal Code 207 PC Kidnapping,
  • Penal Code 203 PC Chaos,
  • Penal Code 206 PC Torture, and certain California sex crimes, including
  • Penal Code 261 PC Rape,
  • Penal Code 286 PC Illicit acts of sodomy,
  • Criminal Code 287 Illegal acts of oral copulation,
  • Penal Code 289 PC Acts of forced penetration, and
  • Penal Code 288 PC Lewd acts with a minor.
When is Second Degree Murder?

Example, when an individual shoots and kills people in a room full of people. The shooter may not have intended to kill, but still violates the negligent firearm shooting regulation in Article 246.3 of the Penal Law. Another clear example would be a person with a history of drunk driving who then causes an accident that results in the death of others. Also, violently beating a drunk person or someone punching someone else and this caused the injured person to fall and hit his head. The head injury proved fatal leading to his death.

How is Second-Degree Murder Punishable?

In California, it is punishable by 15 to 20 years in prison if the individual took the life of his victim with a firearm from a vehicle, and can be increased to 25 years if the victim is a police officer.And if the defendant has a criminal record or has previously served a prison sentence for murder, his sentence can range from 15 years and life in state prison to life without parole.

What can I do If Have Been Falsely Accused?

It may happen that by mistake you match the physical description of the defendant or your car looks like or worse you have been in the presence of a crime. For example, if you are part of a group or gang just because you have a relationship, you may be wrongfully arrested.Now if someone has accused you, you can be charged with malicious prosecution. You could be arrested, but not convicted.

What is the Difference Between Murder and Homicide?

Although murder is much more serious than homicide, both have the same purpose, to end an individual’s life. Only the intention or malice with which the action is done is changed. That is to say, the murder is planned, intentional and a homicide occurs without previous meditation. 

What is Involuntary Homicide?

This action happens when an individual kills another without the intention of doing so, that is to say, negligently. There are three types of homicide.

Voluntary homicide:

It happens when the individual allows himself to be carried away by the moment or by the emotions produced by some action, as, for example: a man arrives at his home from work and finds his wife being unfaithful to him, this could become a dangerous moment as a consequence of the same. This act can lead to up to 11 years in prison in the state of California.

Involuntary Homicide:

In California it can take up to 4 years in prison and this act happens when the individual unintentionally kills another, that is to say the person does not have the malice or the desire to take his life. For example, a young man in a fight gives another man a shove, and he accidentally falls on a rock hitting his head very hard, thus losing his life.

Vehicular Homicide:

This act occurs when an individual is under the influence of alcohol or drugs and is driving a vehicle, produces an accident and takes the life of another individual. According to code 191.5 the penalty varies depending on the state the individual was in at the time of the accident. If the individual was intoxicated the penalty leads to a prison sentence of 4 to 10 years, if he was intoxicated he can be penalized as ordinary negligence.

Now the penal code 191.5 is a Wobbler. You can be charged with a felony or misdemeanor and the penalties can be, you can be imprisoned for 1 year if your crime is considered a misdemeanor or imprisoned up to 4 years if it is considered a felony.

POSSESSION OF WEAPONS

What does it Mean to Possess Weapons?

It is when an individual or individuals illegally possess a knife or firearm. Many societies in the past and present have imposed restrictions on citizens on the use of different types of weapons, and to a lesser extent on the police, they can buy, possess and carry in public places. In California, it is a crime to carry firearms (loaded or unloaded) in public places. If this person has a legal transportation permit, the crime will not be prosecuted.

Can I Own a Gun ?

Each state has its own rules and laws for carrying a gun. In California, you can own a rifle or shotgun from the age of 18, and you must be 21 or older to have access to a handgun. There are now certain terms that prohibit gun ownership, such as.


  • Persons who have been incarcerated for more than 1 year.
  • Fugitives from the law.- People who use drugs illegally.
  • People diagnosed with mental problems.
  • An individual who is illegal in the United States.
  • An individual who has been dishonorably discharged from the U.S. military.
  • An individual who has a family violence restraining order.
It is a Crime to Possess a Concealed Firearm ?

According to the California Penal Code 25400 PC it is a misdemeanor. If an individual is convicted of possessing a concealed firearm, they can be sentenced to one year in jail and pay a $1,000 fine. When it is considered a misdemeanor, probation is applicable. And he will spend little or no time in jail.

Now it is considered a felony when the Penal Code 25400 is violated, these are some of the reasons you can be charged.

  • If you possess a concealed weapon, i.e. you do not have legal permission to carry it, whether or not it is loaded this crime can be considered a felony or misdemeanor according to Section 12025 of the Penal Code.

  • If you possess a loaded firearm either in a vehicle or on the street in a public place, this may be considered a felony if the weapon is stolen or you are a gang member, according to Section 12031 of the Penal Code.

  • If you have been a previous ex-convict, offender, have had drug or narcotic use, are on probation, or have been charged, you are prohibited from possessing a firearm, pursuant to s. 12021 of the Penal Code.

  • If you draw a loaded or unloaded weapon or any other dangerous weapon in a fight or moment of anger, it is considered a felony or misdemeanor under Section 417 of the Penal Code.- According to Section 12280 of Penal Code, the possession of assault weapons is prohibited, they can be legal only if they were obtained before June 1, 1989 and if they are registered according to the law.

  • According to Article 12280 of Penal Code, the sale, distribution, or manufacture of assault weapons is prohibited, as it is considered a felony or misdemeanor.

  • According to article 12090 of Penal Code it is a violation to change the name of the manufacturer or the model number of the weapon.

  • According to article 12023 of Penal Code it is a crime to possess a loaded weapon with the intent to commit a crime, this action can be considered a felony or misdemeanor.

  • According to Article 417.4 of Penal Code it is a crime to show or exhibit in public areas an imitation firearm, i.e. a toy gun, because it causes others around it a reason to fear bodily harm, this is considered a misdemeanor.

  • It is a crime under Section 245(a)(2) of Penal Code to shoot, point, or simply wave the gun in front of someone.

  • According to Section 246 of Penal Code it is a felony to deliberately fire a firearm at a dwelling, a building with persons in it, or a vehicle with passengers.

  • According to Section 246.3 of the Penal Code it is a crime to negligently fire a weapon, whether it is a firearm, shotgun, or pellet gun, if in committing this action it causes death or injury the charge will be declared a felony.

  • You have a weapon illegally. Under California Penal Code Section 29,800 PC, you are prohibited from possessing a firearm to commit or attempt to commit a violent crime. For example: murder, rape, robbery, kidnapping, carjacking.
When is Gun Ownership Legal in California?

Several conditions must be met. If you are a California resident and have completed the weapons training course. In addition, there must be a valid reason for carrying the weapon. The California government does not recognize injury to family members or relatives and a training course of approximately 8 hours must be completed and must include live fire practice.

What Happens if I am Convicted os Possessing an Illegal Firearm? 

You will be given probation with up to one year in county jail, and from 16 months to three years in the California State Prison with a $10,000 fine.

Los Angeles Criminal Defense Attorneys are here to help you and you should pay close attention if you have a felony lawsuit and are seeking legal advice.

If for any reason you have a lawsuit for any crime committed and you are facing an accusation and/or lawsuit we can help you resolve your case with our Criminal Defense Attorneys who have a great experience resolving these cases. Our attorneys have 40 years of experience.

Criminal Defense Attorneys in Los Angeles

You need an attorney to handle your Criminal Defense. Schedule an appointment to help you, we have Criminal Defense Attorneys in the City of Los Angeles, CA.

We are located at 2001 Beverly Boulevard Suite 217, Los Angeles, California 90057.

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Testimonials


Erick C.

“The attorney was very professional and did a great job representing me in my legal matter. He was very attentive to detail and really went out of his way to help me. I am 100% satisfied with the results and would recommend him to anyone with legal problems.”

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Nancy K.

“I was in a lot of trouble with the law, DUI…Mr. Gomez helped me get out of jail and sentencing…what a relief…thank you so much If you need help give them a call…you will never regret it.”

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Mario L.

“I want to thank this team of professionals who have always given me great attention to find the best way to solve the problem I was going through. I recommend them without a doubt.”

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Our service and our experience with Criminal Defense Attorneys in Los Angeles are the best option for you when looking for professionals to help you solve your case in court. Here we have professionals for Criminal Defense cases in Los Angeles and they know very well the criminal laws. We also clear your doubts in the consultations so you can make a better decision in case of Criminal Defense. If you do not know the laws and your rights contact us and we will help you solve your problem or have an attorney for your defense for the crime you have committed.

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