California Penal Code Section 32 –Consequences of Being an Accessory After the Fact

According to California Penal Code Section 399.5, it is a crime to knowingly own a dog that is trained to attack, fight or kill and that the dog has bitten a person on two or more occasions, or the dog’s attack has caused serious injury. However, the same dog bite laws apply to animals that didn't have a training to attack.

What Are Related Offenses to Owning an Attack Dog?

California Penal Code 399  it is possible to be criminally charged for failing to control a dangerous animal. Therefore, the prosecution would have to show that the defendant willfully allowed a dangerous animal to roam; because of this, someone may sustain an injury or result death by the animal. California Penal Code 597 makes it a criminal offense to physically harm, overwork, neglect or kill an animal. This crime could include other crimes like dogfighting. In the state of California, we have a dog bite law that holds the owner of the dog accountable for all injuries sustained due to an attack by their dog, regardless of the dog’s prior behavioral history.

What Are the Penalties for Owning an Attack Dog?

Violation of Penal Code 399.5 may result in different disciplinary outcomes because it is a wobbler offense. Therefore, misdemeanor or a felony can be changes for it.

Penalties for a Penal Code 299.5 Misdemeanor Conviction

Some penalties for a Penal Code 299.5 misdemeanor conviction include:

• Sentence up to one year in county jail; and
• a possible fine of up to $10,000
• At the Judge’s discretion, he/she may grant the defendant misdemeanor probation

Penalties for a Penal Code 299.5 Felony Conviction

Some penalties for a Penal Code 299.5 felony conviction include:

• Maximum sentence of up to four years in the county jail; and
• A possible fine of up to $10,000
• At the Judge’s discretion, he/she may grant the defendant felony probation.

Violation of Penal Code 399 is also another wobbler offense in California. If someone is killed because of failing to control a dangerous animal, it must be charged as a felony.

A misdemeanor for failing to control a dangerous animal may result in:

• A six-month sentence in county jail and
• A possible fine of up to $1,000

A felony for failure to control a dangerous animal may result in:

• A three-year jail sentence and
• a possible fine up to $10,000.

Violation of California Penal Code 597 may result in a misdemeanor or a felony as well.

If a person faces misdemeanor charges for animal cruelty they can face:

• A maximum of one year sentence in county jail and
• A possible fine of up to $20,000

If a person faces felony charges for animal cruelty they may face:

• Minimum incarceration in a California state prison of 16 months to maximum incarceration of three years and
• A possible fine of up to $20,000

Violation of California’s dog bite law does not result in a prison sentence but makes the owner of the animal liable for all medical bills, lost wages, or pain and suffering caused to the victim of their dog’s attack.

What Are Possible Legal Defenses for Owning an Attack Dog?

A person charged with violating Penal Code 399.5 could possibly use one of the three following defenses to avoid charges:

• The first defense is being able to prove that the defendant had no knowledge of the dog being dangerous. For example, the defendant purchased a dog without being informed that it could be dangerous, and without that knowledge, the dog later goes and attacks someone.
• However, the second defense in a rare case is an exemption. The exemption defense usually applies to parties like on-duty animal control officers and police officers assigned to canine units.
• The third possible defense is proving the officers had no probable cause, or reasonable belief, to detain the defendant, then unfairly obtained evidence from the defendant. In this case, any evidence found during the unlawful search and seizure could be excluded from the case.

Glendale Attorneys

Are you in need of legal assistance from a Los Angeles dog bite lawyer? You may contact KAASS Law at our phone number (310) 943-1171.

Invasion of privacy laws are both criminal and civil in California. They involve false light claims and cases involving the public disclosure of private facts. The laws are similar in that a person does something that invades another's privacy. While the specific activities in criminal and civil proceedings differ in terms of definitions and how they are proven, they are both intrusions on a person's personal affairs.

What is the California Invasion Privacy Act?

The California Privacy Act is a wiretapping law. It prohibits the recording of confidential conversations without the consent of all participants. This includes telephone conversations. Victims of illegal wiretapping may be subject to legal damages. Breaking the law is a crime. Violators may face:

• Fines
• Imprisonment
• Civil action

During a telephone conversation, both parties must agree to record. Which makes California a "bilaterally agreed" state.

Examples of Invasion of Privacy

Examples of invasion of privacy are everywhere. We've all heard the story of a man whose ex-boyfriend or girlfriend shared risky photos without their consent. Social media platforms are regularly used as a launching pad for personal attacks.  Many of us have probably even become the target of extremely harmful or violent "gossip" about someone's highly personal information. These are all examples of invasion of privacy, and they are all flagrant violations of people's right to maintain the confidentiality of their personal affairs.

How to Prove Invasion of Privacy in California?

Typically, only living people can sue for invasion of privacy, which requires proof that public disclosure of a private fact has taken place. To prove this, it is necessary to establish five elements:

• The disclosure was about private facts
• There was a public disclosure
• The disclosure would offend an ordinary person
• Defendant published this information with irresponsible disregard for its truthfulness or falsity
• The disclosure did not represent a legitimate public interest

Public disclosure of information includes bringing information to the attention of the general public or a large group of people. A private fact is a detail of your life that is usually not open to others, such as your finances, sexual activity, or your health. When disclosure violates commonly held norms of decency, it is offensive to the typical individual. The disclosure that does not cause legitimate public concern is a disclosure that has no social value but deeply violates a person's privacy. Finally, demonstrating a reckless lie requires demonstrating that the defendant knew how offensive it would be to reveal private facts but did so anyway.

What to Do if Your Privacy is Invaded?

You may be hesitant to disclose a breach of your privacy due to feelings of vulnerability or even humiliation. However, remember that invasion of privacy is a felony that, like any other crime, must be prosecuted. Privacy invasions can range from innocuous to deadly, but no matter how serious they are, reporting them to the appropriate authorities as soon as possible is the best course of action. The consequences of defamation can be as serious as personal injury. As a result you deserve justice for the pain and embarrassment you are experiencing or did in the past.

Glendale Personal Injury Lawyer

If you or someone you know is subject to privacy invasion and have further issues, contact our Glendale personal injury lawyer today for a consultation and case review. If you have any questions please feel free to give our office a call at 310.943.1171.

California law defines the term assault as follows: an attempt to cause violent injury to someone. We can deduce from the definition that the victim does not need to get severe injuries for criminal liability to exist, thus. Significant harm is not a requirement for the crime to exist. California law distinguishes between different types of assaults, which have their specific elements of the crime. For instance, there are separate sections for assault with a firearm, assault with caustic chemicals, etc. Further, we will examine one assault by means likely to produce great bodily injury.

Penal Code 245 (a) (4) PC – Assault by Means Likely to Produce Great Bodily Injury

Under Penal Code Section 245 (a) (4), assault is defined as using force likely to produce great bodily injury to the victim. This section covers situations where an individual intentionally attempts to cause significant harm to someone else using force, and the potential for injury is severe.

As stated, this type of assault does not require actual injury to occur. Even if the victim is not injured or the injury occurs accidentally, charges can still be brought against the defendant. In other words, an assault charge under this section can be made if there is an attempt to cause harm through violent force, even if no physical injury is inflicted.

Assault by Means Likely to Produce Great Bodily Injury: Key Elements

To better understand Penal Code 245 (a) (4), we need to break down its essential components. The primary elements that define this assault charge include:

• A Willful and Malicious Act: The defendant must act intentionally and with malice, meaning they had a deliberate intent to harm the victim.
• Use of Force: The defendant must have used physical force against the victim.
• Likely to Cause Violent Injury: The force used in the assault must have the potential to cause significant harm, or great bodily injury, to the victim.

This section focuses on the potential for severe injury rather than the injury itself, making it different from other assault charges that may not involve the same degree of harm.

Definition of Great Bodily Injury

A crucial element that distinguishes this form of assault from others is the concept of "great bodily injury" (GBI). Great bodily injury refers to substantial or significant harm that severely impacts the victim's physical well-being. This can include:

• Broken Bones: A fracture caused by forceful impact can qualify as a GBI.
• Gunshot wounds that cause significant damage qualify as a GBI.
  
  
• Nervous System Damage: Injuries that affect the victim’s nervous system and cause long-term consequences.

The court will evaluate whether the injury qualifies as "great" based on various factors, including the severity of pain, the necessity for immediate medical care, and the long-term impact on the victim’s life. Minor or moderate injuries that do not result in major physical harm will not meet the threshold for great bodily injury.

It’s important to note that financial losses or emotional trauma do not qualify as great bodily injury under the law, as the term specifically refers to physical harm.

Penalties for violation of this section

Assault by means likely to produce great bodily injury can include both as felony and misdemeanor under California Law. Depending on the facts of the case, the classification and sanctions may differ. The accused's criminal background, as well as the consequences of his or her actions. In the event that the actions are classified as a misdemeanor. The maximum penalty may be up to one year in county jail or a fine of not more than $10,000. If the crime is a felony, the penalties may include imprisonment in state prison for two, three, or four years.

Possible legal defenses

An essential element for this type of assault is that the actions are likely to cause great bodily injury. Thus, the accused can prove that the possibility of great bodily injuries occurring was little. For example, if one threw an item at a victim who had little weight, the person couldn't sustain injuries from this action. Another way to defend against the penalties is by proving that the actions were conducted in self-defense. In this case, the act was willful, but there was no intent to cause great bodily injury to anyone.

Glendale Personal Injury Lawyer

These are possibilities in theory that can help with your defense, however, it is essential to have a professional lawyer to assist you and try to mitigate the penalties. If you have any questions, contact our Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.