Monday, August 6, 2012

Accomplice Liability Provocation Enhancement


Case Name: People v. Gonzalez , CalSup , Case #: S189856

Opinion Date: 7/5/2012  , DAR #: 9375

Case   Holding:

Where defendant escalated a fight by handing her   accomplice a loaded gun, sufficient evidence supports her conviction for first   degree murder under the provocative act doctrine. When she saw that her   boyfriend was losing a fight with the man they had planned to assault, appellant   handed him a loaded rifle that she brought to the fight. The intended victim   disarmed appellant's boyfriend and shot and killed him. Appellant contended that   her conviction of first degree murder of her boyfriend was not supported by   sufficient evidence. Affirmed. The evidence supported the conclusion that   defendant committed a provocative act that proximately caused the intended   victim to kill appellant's boyfriend. By bringing a loaded gun to the scene and   handing it to her boyfriend, appellant deliberately escalated the level of   violence of the encounter; this went beyond the acts necessary to "beat up" the   victim and was "fraught with grave and inherent danger to human life." Even   though a provocative act may not be dangerous to human life in and of itself, it   nonetheless may be likely to elicit a dangerous response under the circumstances   in which it is committed.
If you, or a loved one has been charged as an accomplice to a crime, you must call an attorney as soon as possible. Accomplice liability is no joke and you could be charged with a very serious crime as in the case above. The Law Office of George Derieg is experienced with accomplice liability litigation. Do not risk being represented by a public defender, you need an attorney that understands this area of law. You need George Derieg as your attorney.

George Derieg
Attorney at Law
510-355-2747

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