When Charged With a Crime ®

Since January, the San Diego community has been captivated by the disappearance of Maya Millete. Maya’s husband, Larry, has been the prime suspect in her disappearance since early in the investigation, and was eventually arrested and charged with her murder in late October. ABC (10 News San Diego) reached out to our firm requesting our take on the arrest and prosecution of Larry Millete just hours after the well-publicized arrest, and Partner Stefano Molea was more than happy to oblige.  

This case has a little bit of everything: allegations of marriage infidelity, possessive and abusive behavior, and even the alleged hiring of a spell caster! Stefano did a great job explaining to 10 News’ Kimberly Hunt and the viewers why the investigation took 9 months to lead to an arrest, what obstacles the District Attorney’s Office is facing without having recovered Maya’s remains, et al.  

Stefano also noted that there are at least 3 possible defenses in this case: (a) Maya Millete is still alive; (b) Someone else other than Larry Millete is responsible for his wife’s death; or (c) assuming Larry Millete did kill his wife, there is a legal justification for the act, such as “self-defense” or “heat of passion,” which would lead to, at worst, a downgraded charge of voluntary manslaughter. Remember: It is up to the District Attorney, not Larry Millete, to put forth evidence to convince a jury of 12 that the only reasonable interpretation of the evidence is that Larry is criminally responsible for Maya’s death. 

Click here or on the photo above to watch the full interview.

Recently, there have been a number of reported “smash and grab” thefts in California. What we have noticed is a fair amount of confusion over the difference between theft, robbery, and burglary. In fact, they are different offenses carrying different proof requirements, and can lead to significantly disparate sentences for those convicted of these offenses.

In this video, Managing Partner David P. Shapiro discusses these crimes, and points out the differences among several of them. For example, if you enter a structure with intent to commit theft or a felony, PC 459 says you have committed a burglary. But PC 459.5 adds that if you enter a commercial establishment during business hours (while the establishment is open) with intent to commit theft of property worth $950 or less, the crime is misdemeanor shoplifting. These distinctions are very important, since shoplifting is a misdemeanor, while commercial burglary can be charged as a felony. 

David goes on to explore the different types of burglary charges, including commercial burglary , burglary of an inhabited dwelling (a felony), and a “hot prowl” residential burglary (where there is a person in the dwelling at the time, even a household member who may be asleep). Hot prowl residential burglaries are considered “violent strike” felonies.

While the variances between these crimes may seem minor, the potential consequences are significant. If you have any questions regarding burglary or any criminal case in San Diego County, and want to get started on the path to regaining control of your future, give us a call at 619-295-3555.