In the era of social media, it is becoming a far more common site: gruesome crimes streamed live on Facebook or other networking sites. With that in mind, the state of California has taken action. Under a new law, if you willfully record the commission of a violent felony, then you could be subjected to even harsher penalties when you are sentenced for the underlying crime.
The law was signed by Governor Jerry Brown on October 11. Under Assembly Bill 1542, a judge can consider additional penalties for anyone involved in a violent crime who “willfully recorded a video” during the attack. This law applies to the twenty-three crimes that California already considers to be violent felonies, including:
- Murder or voluntary manslaughter
- Rape
- Robbery
- Arson
- Sodomy
- Attempted Murder
- Kidnapping
- Carjacking
- Extortion
- Burglary in the first degree
- Assault with the intent to commit a specified felony.
Under this law, a judge is not required to impose an additional sentence, but may do so if she or he believes it is warranted based on the facts of the case. The judge could instead consider that a defendant who was convicted of a specified violent felony offense “willfully recorded a video of the commission of the violent felony with the intent to encourage or facilitate the offense” as a factor in the sentencing.
The bill was inspired by a case in San Fernando Valley, where a teenager was attacked and suffered a fractured skull. A video of the attack was posted on Snapchat. The hope is that this bill will prevent future attacks from being recorded and shared, and to discourage others from taking such actions as a way to achieve internet fame.
Being charged with a violent felony is a serious matter; it can result in substantial jail time or even life imprisonment depending on the charged crime and the circumstances of the case. As a skilled San Bernardino criminal defense lawyer can inform you, if the crime was videotaped, it can make it all the more difficult to defend against the allegations. Under this new law, it will also make it possible for the prosecutor to ask for a much more substantial sentence if convicted of the crime. That is why it is so important to hire a top notch San Bernardino criminal defense lawyer to represent you if you have been charged with a violent felony, particularly one that involves live streaming or video taping or recording the attack itself.
At the Chambers Law Firm, our attorneys understand how to defend against these types of charges. We will aggressively defend against violent felony charges, and will vigorously defend your rights and your freedom. Contact an experienced San Bernardino criminal defense lawyer today at 714-760-4088 or dchambers@clfca.com to learn more about how we can help.
