CONSULTATION: 310.855.7556 info@LiptonLegal.com

Picking up where our last blog left off, Kendall Jenner’s alleged stalker, Shavaughn McKenzie, has been in jail since his August arrest after he followed Kendall Jenner to her personal residence without her consent. Based on Thursday’s ruling, Kendall Jenner, and some of her celebrity friends, now have a serious reason to be worried.

Mr. McKenzie was found guilty of trespass, and served jail time for his offense. On Thursday, Mr. McKenzie’s legal team achieved another milestone in their case, by getting Mr. McKenzie out of any more jail time. With the help of McKenzie’s mother, Mr. McKenzie’s legal team compelled the Superior Court Judge to lodge that Mr. McKenzie’s jail time was served, and as such the Judge granted Kendall Jenner a Five (5) year restraining order against him. The reason why the Judge allowed Mr. McKenzie to be released from jail simply revolved around a commonly used defense in criminal matters, insanity.

Mr. McKenzie’s mother pleaded to the Superior Court Judge that “she would promise to fly Shavaughn back home to Virginia in order to seek psychiatric treatment.” The defense of insanity in California courts indicates that an individual cannot be found guilty of a crime IF they were “insane” when the crime was committed. Under insanity defense law, the individual is considered “legally insane” if the individual 1) Did not understand the nature of your criminal act, OR 2) Did not understand that what you were doing was morally wrong. Below is a quick explanation on each element.

Understand Nature of Act

Simply put, if the Defendant can prove to the state that they did not understand what they were doing, or the nature of their conduct, by reason of mental deficiency, they will be considered insane under California law.

Did Not Understand Act Was Morally Wrong

Again, if the Defendant can show, by the preponderance of the evidence, that due to their metal inefficiencies they did not see or hold their conduct as “morally wrong” per a reasonable person standard in society, they will be found not guilty by reason of insanity under California law.

Furthermore, this defense can be pled at any junction of litigation, including the arraignment hearing. Insanity defenses will require the Defendant to prove the validity of their defense, including that the defense “more likely than not that the individual was legally insane when the actual crime was committed.” If successful, the Defendant will not be guilty by reason of Insanity, and the individual will be permitted to stay in a mental facility instead of jail or prison.

Here, since Mr. McKenzie already served jail time for his trespassing offense, his mother’s plead to the Judge was successful, as the purpose of the defense is to ensure the Defendant obtains proper medical attention in order to be fully intergraded into society. Sadly, for Kendall Jenner, and potentially other individuals to face this situation, the real deterring factor of this type of behavior occurring again likely is imprisonment.

-Mike Falsafi

Senior Vice-President of Business Affairs – Lipton Legal Group, A PC – Beverly Hills, CA

 

See part 1 of this story at: https://liptonlegal.com/kendall-jenner-stalker/

See our inspiration for this story at TMZ: http://www.tmz.com/2016/11/07/donald-trump-sued-voter-intimidation-1-billion-dollars/