Khachatourians Law Group

07/19/2022

11/14/2018

My favorite type of REJECTION.

Providing the missing pieces before arraignment to get the felony case rejected.

https://criminaldefensefirmlosangeles.com/

11/14/2018

California law affords many alternatives to clear your criminal record, including sealing arrest records, sealing convictions, invalidating convictions, terminating probation, reducing felony convictions, and expungement. Post conviction relief may
1. Improve your credit score;
2. New Job Application;
3. Licensing mitigation;
4. Financial Aid;
5. Promotion. etc....

https://criminaldefensefirmlosangeles.com/expungement-los-angeles/

11/13/2018

Representing individuals and businesses in alleged Labor Code violations and collateral allegations arising in civil, criminal, and licensing. KLG offices at 310-426-2844

https://criminaldefensefirmlosangeles.com/civil-lawsuits-arising-from-criminal-cases/

Arthur Khachatourians
Khachatourians Law Group
400 Continental Boulevard, 6th Floor
El Segundo, California 90245
Office: (310) 426-2844
Mobile: (818) 590-8294
Facsimile: (310) 919-1131
www.KLGinLA.com

11/11/2018

Immigration Consequences arising from Criminal Convictions and Post-Conviction Measures in response to Deportation, Removal, and Inadmissability
CALL FOR DEFENSE CONSULTATION
818-590-8294
http://www.klginla.com

A foreign national who is not a citizen of the United States who enters a plea of guilty or no contest to certain offenses may result in deportation, exclusion from reentry to the United States, and/or denial of naturalization and amnesty. A non-US citizen may be placed in removal proceedings and may even lose his or her green card or the right to stay in the United States if convicted of certain crimes that trigger severe immigration consequences. Some offenses that may result in severe immigration actions include, but are not limited to, an aggravated felony, conspiracy, crimes of violence, a controlled substance offense, a firearm offense, and crimes of moral turpitude. A qualified California criminal defense attorney working with an experienced immigration attorney is necessary to adequately and competently represent a person challenged with a criminal case and who is not a United States Citizen.

• Aggravated Felony
Aggravated Felony is defined under 8 USC § 1101(a)(43) which enumerates certain offenses, including misdemeanors, that makes the non-US Citizen subject to deportation and ineligible to apply for asylum.

• Crimes of Violence
A crime of violence has immigration consequences in domestic violence cases and instances where the sentence of a year of more is imposed.

• Crimes Involving Moral Turpitude (CIMT)
A crime involving moral turpitude is not decided by state law, but by immigration federal law. Crimes of moral turpitude involve a wide range of criminal activity subject the non-US Citizen to deportation.

• Controlled Substance Offenses
Certain drug related crimes can trigger deportation, including drug trafficking. Some drug offense crimes, such as PC1000, may be remedied by filing a Penal Code 1203.43 motion.

• Crimes of Domestic Violence
A conviction for Penal Code 273.5 (Spousal Battery) is a crime of moral turpitude for which a non-US Citizen can be deported. Even though you may be able to get a petty offense waiver if the alien is convicted of a misdemeanor, the alien may be charged as being deportable under INA Sec. 237(a)(2)(E) for the same conviction. Unfortunately, INA Sec. 237(a)(2)(E) makes no distinction between felony and misdemeanor or when the crime was committed so long as it was committed after its enactment in 1996. Anyone convicted of a crime of domestic violence is deportable. Therefore, it is important to hire a qualified criminal defense attorney to jointly work with your immigration attorney to attempt to dismiss, reject, or reduce the criminal charges for domestic violence.
Alternative Criminal Convictions with little or no immigration implications

Virtually every criminal conviction may implicate future immigration consequences depending on the severity of the crime, the record of conviction, and any subsequent charges that may arise. Referenced-below are a few plea alternatives to serious criminal charges.

• Business and Professions Code Section 7028(a)(1) - Contractor without a license, first offense
• Business & Professions Code Section 25658(a) – Selling, giving liquor to a person under age of 21
• Business & Professions Code 25662 – Possession purchase, or use of liquor by a minor
• Penal Code Section 148.9 – False Identification to a Police Officer
• Penal Code 241(a) - Assault
• Penal Code 243(a) – Simple Battery
• Penal Code 243(e)(1) – Simple Battery against Spouse or Co-habitant
• Penal Code 403 -- Disturb Public Assembly without Record of conviction indicating violent conduct
• Penal Code 415 – Disturbing the Peace
• Penal Code 416 – Failure to Disperse
• Penal Code 602.5 – Residential Trespass
• Penal Code 13001 – Negligently Risking Fire (may be a good alternative option to an Arson charge)
• Vehicle Code 12500 – Driving without license
• Vehicle Code 23152a – DUI – (Avoid plea to Multiple DUI counts)

Post-Conviction Measures in response to Deportation, Removal, and Inadmissability

• Penal Code 1203.43 – Drug Diversion
Penal Code 1203.43 allows the conviction to be invalidated as a legal error on the basis that the defendant was not fully informed of the immigration consequences arising from the disposition. This is completely different then an expungement. An expungement is a post-conviction relief (pursuant to Penal Code 1203.4, 1203.4a, 1203.41, 1203.49) that does not help in the immigration proceedings. However, Penal Code 1203.43, allows the disposition to be invalidated and therefore there is no criminal conviction to trigger adverse immigration consequences.

Penal Code 1203.43 states, that if the defendant “performed satisfactorily during the period in which deferred entry of judgment was granted, and for whom the criminal charge or charges were dismissed pursuant to Section 1000.3, the court shall, upon request of the defendant, permit the defendant to withdraw the plea of guilty or nolo contendere and enter a plea of not guilty, and the court shall dismiss the complaint or information against the defendant.”

Penal Code 1203.43 sates as follow:
(a) (1) The Legislature finds and declares that the statement in Section 1000.4, that “successful completion of a deferred entry of judgment program shall not, without the defendant’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate” The legislature finds and declares that the PC1000 plea disposition was a misinformation about the actual consequences of making a plea in the case of some defendants, including all noncitizen defendants, because the disposition of the case may cause adverse consequences, including adverse immigration consequences.
(2) Accordingly, the Legislature finds and declares that based on this misinformation and the potential harm, the defendant’s prior plea is invalid.”

• Motion to Vacate – Not Advised of Immigration Consequences - PENAL CODE 1016.5(d)
“The Legislature finds and declares that in many instances involving an individual who is not a citizen of the United States charged with an offense punishable as a crime under state law, a plea of guilty or nolo contendere is entered without the defendant knowing that a conviction of such offense is grounds for deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. Therefore, it is the intent of the Legislature in enacting this section to promote fairness to such accused individuals by requiring in such cases that acceptance of a guilty plea or plea of nolo contendere be preceded by an appropriate warning of the special consequences for such a defendant which may result from the plea.”
• PENAL CODE 1473.7- Motion to Vacate Conviction
“(a) A person no longer imprisoned or restrained may prosecute a motion to vacate a conviction or sentence for either of the following reasons:
(1) The conviction or sentence is legally invalid due to a prejudicial error damaging the moving party's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere.
(2) Newly discovered evidence of actual innocence exists that requires vacation of the conviction or sentence as a matter of law or in the interests of justice.”
• Penal Code 236.14 – Conviction for Prostitution (Penal Code 647b)
(a) If a person was arrested for or convicted of any nonviolent offense committed while he or she was a victim of human trafficking, including, but not limited to, prostitution as described in subdivision (b) of Section 647, the person may petition the court for vacatur relief of his or her convictions and arrests under this section. The petitioner shall establish, by clear and convincing evidence, that the arrest or conviction was the direct result of being a victim of human trafficking.
If you are not a United States Citizen and are facing criminal charges, call Attorney Arthur Khachatourians for a case evaluation of your criminal and immigration consequences – 818-590-8294.

08/14/2018

California Penal Code 273.5 – Felony/Misdemeanor Domestic Violence

ABUSE OF SPOUSE, COHABITANT AND OTHER SPECIFIED PARTY
According to California Penal Code §273.5, it is a felony to intentionally inflict bodily injury resulting in a "traumatic condition" upon a spouse, a cohabitant or a mother or father one's child. The same rule applies for a former spouse and former cohabitant. Individuals who are accused of this type of crime are not only at risk of having felonies on their records, but they are also at risk of facing serious consequences, such as jail time, years in prison or fines costing thousands of dollars. Furthermore, being accused of abusing a spouse or significant other can greatly damage a person's reputation and family life.

It is important for California residents to be aware of California's laws regarding abuse that involves spouses, cohabitants and individuals of similar intimacy levels. Khachatourians Law Group provides strategic legal representation for those who are accused of violating this section of the law. Some individuals end up facing unfair criminal charges due to false or exaggerated statements made by others. With the help of a strong attorney, it might be possible for you to get your charges reduced or dismissed, allowing you to better protect your future.

UNDERSTANDING THE COMPONENTS OF PENAL CODE §273.5

This section of California's penal code makes it illegal to inflict bodily injury that causes a "traumatic condition" against the types of individuals mentioned. A traumatic condition is defined as a condition of the body—for example, a wound or an internal or external injury—that is caused by physical force. These types of injuries can include those caused by strangulation or suffocation. Even if the traumatic condition is minor, charges under this code section can still apply. It is also important to note that it is not necessary for a cohabitant under this section to be the alleged abuser's husband or wife. A father or mother under this section is considered the natural parent of a child.

PENALTIES AFTER CONVICTION

This felony offense carries very serious penalties in the state of California. Upon a first conviction of violating Penal §273.5, a person can receive the following:
1. up one year in county jail, or two to four years in state prison; or
2. a fine of up to $6,000; or
3. both a fine and imprisonment.
Individuals who have previously been accused of certain violent crimes within the past seven years—including specified types of battery, sexual battery and assault with a deadly weapon other than a firearm—can end up being imprisoned for longer periods. They can also be faced with fines of up to $10,000.

In some cases, a person convicted of this violating §273.5 might be able to receive probation instead of imprisonment. When this happens, the defendant is subject to a minimum probation period of three years. The probation will include requirements, such as paying at least $500 (used toward domestic violence programs) and attending counseling. If the defendant is given probation in lieu of a fine, he or she might be required to instead make payments to a battered shelter (up to $5,000) and/or reimburse the victim for counseling and other expenses that resulted from the offense. If the probationer has previous violent crime convictions (as specified above), that individual could still be forced to spend time in jail—at least 15 days upon one prior conviction, or at least 60 days for two more prior convictions.
In these types of cases, the court can issue a restraining order against the defendant, which will prevent that individual from having any contact with the victim for a designated period of time. The length of time given for such an order, which can last up to 10 years, depends on the seriousness of the offense.

OBTAINING A STRONG LOS ANGELES DOMESTIC VIOLENCE LAWYER

If you were accused of abusing a spouse, live-in girlfriend or live-in boyfriend or the other parent of your child, you can be facing some serious consequences. You might have been falsely accused, or perhaps you simply made a one-time mistake and are searching for a way to minimize the charges and penalties you are facing. Regardless of your situation, it is vital that you contact a qualified attorney as soon as possible. Contact the Khachatourians Law Group as soon as possible so we can vigorously defend you against the charges filed.

Applicable Code Sections for Domestic Violence Crimes:

California Penal Code Section 136.1: Intimidation of Victims and Witnesses
California Penal Code Section 240: Assault
California Penal Code Section 242: Battery
California Penal Code Section 243(e)(1): Misdemeanor Spousal (Co-habitant) Battery
California Penal Code Section 243.4: S*xual battery
California Penal Code Section 262: Spousal R**e
California Penal Code Section 273(a): Child Endangerment
California Penal Code Section 273d: Child Abuse
California Penal Code Section 273.5: Spousal (co-habitant) Abuse with Traumatic Condition
California Penal Code Section 422: Criminal Threats (formerly "Terrorists Threats")
California Penal Code Section 591.5: Destroying Telephone

Arthur Khachatourians
Khachatourians Law Group
400 Continental Boulevard, 6th Floor
El Segundo, California 90245
Office: (310) 426-2844
Mobile: (818) 590-8294
Facsimile: (310) 919-1131

08/14/2018

Who has the burden of proof for self-defense in a murder/manslaughter case? CALCRIM 505.

PROOF BEYOND A REASONABLE DOUBT - A defendant in a criminal case is presumed to be innocent. This presumption requires that the People prove a defendant guilty beyond a reasonable doubt. Proof beyond a reasonable doubt is proof that leaves you with an abiding conviction that the charges is true." Jury Instruction for Self-Defense: The people have the burden of proving beyond a reasonable doubt that the killing was not justified by self defense. If the People have not met this burden, you must find the defendant not guilty.

1st Element of Self Defense in Murder/Manslaughter Case
"The defendant is not guilty of murder/manslaughter if he was justified in killing someone in self-defense. The defendant acted in lawful self-defense if: The defendant reasonably believed that he was in imminent danger of being killed or suffering great bodily injury.”
Factors for the Jury to consider:
(1) How dark was it?
(2) Were there any Previous Threats?
(3) Does he know the person or never met the person before?
(4) How crazy is the victim – i.e Knowledge of prior criminal conduct and dangerous propensity of victim?
(5) Knowledge of prior threats (in person or to others)?

2nd Element of Self Defense (Subjective Test)
"The defendant reasonably believed that the immediate use of deadly force was necessary to defend against that danger."
(1) Was Victim the initial aggressor;
(2) Was the Victim continuously advancing;
(3) Massive punches/weapons.
(4) Unconditional threats.
(5) Did the Victim Outweigh Defendant in size, strength, physical ability.
(6) Victims Mental State - Medical Condition

3rd Element of Self Defense (Objective Test)
The defendant used no more force than was reasonably necessary to defend against the danger.
JURY INSTRUCTION FOR SELF DEFENSE: "When deciding whether the defendant's beliefs were reasonable, consider all the circumstances as they were known to and appeared to the defendant and consider what a reasonable person in a similar situation with similar knowledge would have believed. If the defendant's belief were reasonable, the danger does not need to have actually existed."
(1) Defendant reasonably believed that he was under threat of death or great bodily injury
(2) Did not know if Victim had a weapon - no time to determine if he did gun.
(3) Victim kept advancing. Look at all of the circumstances. e. Hindsight is 20/20
(4) Did the victim point or aim a gun or knife or object that looks like a deadly weapon given the circumstances.

Jury Instruction for Self-Defense: Someone who has been threatened or harmed the defendant or others in the past, you may consider that information in deciding whether the defendant's conduct and beliefs were reasonable.

Jury Instruction for Self-Defense: "Someone who has been threatened or harmed by a person in the past, is justified in acting more quickly or taking greater self-defense measures against that person."

Jury Instruction for Self-Defense: "A defendant is not required to retreat. He or she is entitled to STAND his ground and defend himself and, if reasonably necessary, to pursue an assailant until the danger of death or great bodily injury has passed. This is so even if safety could have been achieved by retreating.

Arthur Khachatourians
Khachatourians Law Group
400 Continental Boulevard, 6th Floor
El Segundo, California 90245
Office: (310) 426-2844
Mobile: (818) 590-8294
Facsimile: (310) 919-1131
www.KLGinLA.com

04/27/2018

Arthur Khachatourians
Khachatourians Law Group
400 Continental Boulevard, 6th Floor
El Segundo, California 90245
Office: (310) 426-2844
Mobile: (818) 590-8294
www.KLGinLA.com

04/27/2018

Glendale Courthouse - CALL 818-590-8294

Arthur Khachatourians
Khachatourians Law Group
Mobile: (818) 590-8294
Office: (310) 426-2844
www.KLGinLA.com

01/04/2018

01/02/2018

Arthur Khachatourians is an experienced defense attorney who represents healthcare and real estate professionals in matters arising from governmental investigations that trigger criminal and civil exposure. The Khachatourians Law Group was designed to address the complex legal issues that arise against professionals in simultaneous criminal, civil, and licensing matters.