People v. Miguel Angel Avila Figueroa

In response to requests for information and to promote transparency, the Office of the City Prosecutor is providing details of the People v. Miguel Angel Avila Figueroa (LA Superior Court Case No. 3LB02363)

On Friday, October 20, 2023, an incident occurred in the City of Long Beach that could be described as an attempted rape and/or sexual assault. The case was presented by the Long Beach Police Department to the Los Angeles County District Attorney’s Office (LADA) for felony filing consideration. The LADA declined to file the case as a felony.

Subsequently, on Tuesday, October 24, 2023, the Long Beach Police Department presented the case to the Long Beach City Prosecutor’s Office (LBCP). That day, the LBCP filed the case, charging a violation of Cal. Penal Code section 243.4(e)(1), commonly known as sexual battery, a misdemeanor, the most serious charge the LBCP can file under these circumstances.

Later that day, the defendant Miguel Angel Avila Figueroa was arraigned on the charge at which time the LBCP also requested that bail in the case be increased to $150,000 due to the seriousness of the conduct and the defendant’s prior history with law enforcement. The request was denied, but the judge set bail at $75,000. The LBCP also filed an additional misdemeanor charge for violating Cal. Penal Code section 594(a)(2), vandalism. Currently, the defendant remains in custody.

The LADA has the option to file felony charges, including attempted rape or sexual assault with intent to commit rape. Felony charges can only be filed by the LADA since the Long Beach City Charter only allows the LBCP to file misdemeanor charges. If felony charges are filed, the defendant could face increased incarceration, but it could also result in greater rehabilitation resources through Collaborative Court and the LA County Probation Department, which are not available for misdemeanor defendants.

On Monday, October 30, 2023, the LBCP sent a letter to the LADA’s Long Beach Branch Head Deputy urging the LADA reconsider its decision. At a minimum, bringing sexual assault charges at the felony level will more likely ensure the defendant has access to appropriate treatment, while exposing the defendant to additional jail or prison time, in an effort to better protect the public.

On the Friday, November 3, 2023, the LBCP received a verbal commitment that the LADA will felony charges in this case. On Monday, November 6, 2023, the LBCP that the LADA had filed one count of Penal Code section 220(a)(1), assault with intent to commit a forcible sex crime, a felony, and one count of Penal Code section 243.4(e)(1), misdemeanor sexual battery.

The defendant was arraigned on the felony case on Monday, November 6, 2023. The next court date scheduled is November 14, 2023, in the Long Beach Courthouse.

This webpage will be updated periodically. Check back here to receive updates as the case progresses. Direct media requests to Supervising Deputy City Prosecutor Pooja Kim at Pooja.Kumar@longbeach.gov.