Prosecuting Misdemeanors – Part One
George Gascón was sworn in as Los Angeles County’s new District Attorney on Monday December 7, 2020 and becomes the county’s 43rd district attorney. The goal of the Los Angeles County District Attorney’s Office is to protect public safety. As such, District Attorney George Gascón has taken initiative to begin immediate reform of the criminal justice system by implementing a misdemeanor reform policy directive.
What is an Example of Misdemeanor?
In California, a misdemeanor is a crime that has a maximum sentence of no more than one year in county jail. A misdemeanor is more serious than an infraction but is less serious than a felony. Common examples of misdemeanor crimes include DUIs, shoplifting, public intoxication, and petty theft. A standard California misdemeanor is punishable by up to 6 months in jail and/or a fine of up to $1,000. On the other hand, an aggravated misdemeanor is punishable by up to 364 days in jail and/or a fine of up to $1,000 or more. If the crime is more serious than others, it is an aggravated misdemeanor. Example of an aggravated misdemeanor include domestic battery, driving on a suspended license, and violating a restraining order.
What Happens Under the Misdemeanor Reform Policy Directive?
The misdemeanor charges below shall be dismissed before arraignment and without conditions unless exceptions or factors for consideration exist. An arraignment is a hearing where the court formally charges a person who is being under arrest for a crime. The reform policy took effect on December 8, 2020 and will replace prior policies. However, if the following exception or basis for consideration appear, the following misdemeanors may not be let go. Over the previous 24 months, the person charged has committed a similar conduct involving substantially similar behavior to that charged.
The Exceptions/Factors for Consideration
Prosecutors have discretion to look at other exceptions or factors for consideration if a person poses an identifiable. There is a continuing threat to another individual or there are other circumstances of similar seriousness. The diversion policy will not apply to offenses excluded under Penal Code §1001.95 and any driving under the influence offenses. Not Dismiss Charges for Trespass -If a person has been a repeat trespasser on the same public or private property in the prior 24 months. If there are no indicators of substance use problem or mental illness, or if the person poses a verifiable and imminent safety concern. Not Dismiss Charges for Disturbing the Peace -If a person is a repeat offender in the past 24 months for substantially comparable behavior to that charged, or if there are no symptoms of substance use problem or mental illness. Not Dismiss Charges for Resisting Arrest -If the defendant is a repeat offender in the previous 24 months for substantially identical behavior to that charged. Alternatively, the charge may have a connection with another conduct not listed above, or it may have a connection with the actual use of physical force against a peace officer. Not Dismiss Charges for Criminal Threats - Charges for criminal threats may not be dismissed if the offense is related to domestic violence or hate crime, it is the person’s repeat threat offense over the prior 24 months, there is documented history of threats towards the victim, the person was in possession of a weapon capable of causing bodily injury or death during the criminal threat, or no indication of substance use disorder and/or mental illness.
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Being an accessory after the fact is illegal under Penal Code 32 PC. Its definition is knowingly harboring, concealing, or assisting a felon in order to keep them from being under the arrest. This is a crime that carries a maximum sentence of three years in state prison.
Who is an “Accessory After the Fact” Under Section 32 of the California Penal Code?
Under the legal regulations, accessory after the fact means the person who “harbored, concealed or aided" the person who committed the felony to assist him to escape punishment. As a result, the presence of the following factors must be present in order to understand when one can be guilty for committing this violation:
- A felony shall be committed- a person cannot be convicted in case of a misdemeanor
- The person knowingly should assist the individual who committed the crime
- The person should have the intention to protect the individual from punishment
- The assistance should be provided after the commitment of the fact
Examples of Assistance to the Perpetrator
Let’s examine the following situation. In case you hide me in your house after I come and announce that I killed my colleague and lie to the police the next day that you have not seen me, you shall violate Section 32 of the California Penal Code. Other violation will be if you hide the gun by which I shot my colleague. Thus, hiding and/or destroying evidence, concealing the criminal, providing a false alibi, or any other assistance, are examples of actions that an “accessory after the fact” can commit.
Difference Between Section 32 and Aiding or Abetting the Crime.
Aider or abettor of the crime is one who participates in the crime with the perpetrator. Let’s examine the following situation. You can aider/abettor of the crime if me and you made a pact to murder a third person and you gave me a ride and also gave me the instrument of the crime. The distinction is that you were aware of the crime and had a role to play in it. In the case of Section 32 you became aware of the murder after it had occurred and aided me afterward.
Can a Person Who Failed to Reveal the Crime Also be Considered an Accessory After the Fact?
Failure to reveal the crime generally means refusing to give any information about the crime. For example, in case you did not assist me the evening when I committed the crime of killing my colleague, and in the morning refused to tell anything about the crime to the police, this will not mean that you violated Section 32. Even if you were a witness of the crime and failed to speak about it this does not make you a perpetrator-you will be a mere bystander. Thus, while failing to provide any information has no negative implications, in order to be guilty, a person must knowingly help the criminal after the latter has violated the law.
Punishment for the Crime
A prosecutor has the option of charging the accessory after the fact with either a felony or a misdemeanor. Depending on the details of the case and the individual's criminal background. In both circumstances, the maximum penalties is $5,000. If the violation is a crime, you can spend up to three years in state prison. If you commit a misdemeanor, you can spend up to a year in a country jail.
Glendale Attorneys
In case you or your friend have been convicted for violation of the above mentioned legal regulations, then you may be entitled to compensation. 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.
Fortunately, to qualify as a criminal annoying communication, a phone call, text message, or other communication must be more than just annoying. It must use filthy language or make threats, or it must be part of a series of harassing phone calls. The bad news is that determining what form of vulgar language or threats might lead to criminal liability for irritating phone calls is not always easy. The courts in California are still attempting to figure this out as well. This means that it may be difficult for someone to know whether or not what they're doing is illegal.
Penal Code 653m PC- Are Annoying Calls Prohibited by Law?
Making annoying phone calls and communicating with people is prohibited by law. Let's examine what are the criteria to define that communication is annoying;
- calls and communication shall be made by the intent to annoy
- shall contain any obscene language, or threat to injure the person, his family member, or property
- repeated communication shall have the intent to annoy or harass
We can conclude that there are several types of criminally annoying communication under the law;
- communication with the use of ‘’obscene’’ language,
- communication which involves a threat to injure,
- annoying or harassing repeated communication.
Besides the above mentioned, the law also qualifies as criminal such actions as not reaching the recipient but leaving a message to call back. In this case, when the recipient calls back and the person uses obscene language or threats in the phone conversation, this will be qualified as a violation under section 653m.
How to Distinguish Between a Simple Joke and the Use of Obscene Language or Threatening?
The most important element to criminalize the action is the presence of intent. This means that the person using this language or threatening shall have an intent to annoy or harass the recipient of the communication. For example, in case 2 friends in their usual conversations use “obscene” language. They argue, and after that one of them calls and texts again using this language. The other friend cannot claim that the use of obscene language, which has always been a usual element in their conversations, had the intent to harass him. Let’s also examine another situation. In case me and you have a common best friend and once we make a joke of calling and threatening to kill her the dog, and after several days we tell her about this joke, this will not be qualified as annoying calls and violation of the relevant section, as, there is no intent to annoy or harass our best friend.
How to Distinguish Between Business Calls and Annoying Repeated Communication?
The answer is again- the intent. For example, if every week you receive a call from an insurance company offering their new health insurance package, you cannot sue them for making annoying calls as they do not have the intent to annoy or harass you. Calling potential customers is their usual course of business.
What are the Legal Consequences for Violation of the Section?
Violation of section 653m is considered a misdemeanor. The punishment for such violation can be a conviction of up to six months in a country jail or a penalty in the amount of up to 1000 dollars. The defendant may also be sentenced to misdemeanor probation. As defense tools, it is possible to claim that the intent of communication was not to annoy or harass the person. Moreover, it is also possible to claim that the language was not really "obscene". Don't forget that anyone has a right to freedom of speech by the Constitution. Thus, sometimes, qualification of the communication as having "obscene" language can violate the constitutional right of a person.
Glendale Attorneys
Contact our Glendale attorney today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
Air pollution in scientific literature is usually defined as “releasing pollution into the air, which can be detrimental to human health and the planet as a whole. WHO data shows that air pollution kills over seven million people worldwide every year, thus it is a major threat to the health of people and the climate of the earth. This causes the USA as a whole and the states to develop legal regulations for air pollution control and punishment of air pollutants. The Clean Air Act authorizes the US Environmental Protection Agency to protect public health with the help of regulating the emissions of harmful air pollutants. In California, Health and Safety Code lists the actions which are considered unlawful from the perspective of air pollution. The appropriate sections are 2400, 42400.1, 42400.2, 42400.3, 42400.3.5, 42400.4, which will further be examined throughout this article. Any violation of a section is a misdemeanor.
Health and Safety Code 42400 HS
This section is the general provision, which considers the violation of law designed to protect the quality of the State's air by an entity as an offense. Penalties for violation of this section Under the corresponding section, the entity can be using these punishments:
- Imposition of a fine of not more than 5000$
- Imprisonment in a county jail for not more than 6 months.
Health and Safety Code 42400.1 HS
This section regulates that it is an offense to emit any air contaminant negligently, which may violate state laws or other relevant regulations. Penalties for violation of this section Under relevant legal regulations, the committed actions shall include punishment by:
- Imprisonment in a county jail for up to 9 months
- Imposition of a maximum fine of not more than 25000$.
Health and Safety Code 42400.2
This section states that it is a crime for the defendant to emit an air contaminant in violation of state laws, and to commit the action knowingly. Penalties for violation of this section The violation of section 42400.2 charges the party and includes these punishments:
- Imprisonment in a county jail for a term up to 1 year,
- A maximum fine of 40.000$.
Health and Safety Code, 42400.3.
Under this section, it is a crime for the accused person or an entity:
- To emit an air contaminant in violation of the state law,
- To commit those actions willfully and intentionally (that said-on purpose).
Penalties applied for violation of this section The punishment of the violations of section 42400.3 includes :
- Imprisonment in a county jail for a term up to one year
- Imposition of a maximum fine of 75000$.
Health and Safety Code 42400.3.5.
Under the mentioned section, it is considered to be a crime for the defendant to:
- Knowingly violate state law regarding air pollution, according to the Clean Air Act.
Penalties applied for violation of this section The punishment of the violations of the mentioned section includes:
- Custody in a county jail for up to 6 months
- Maximum fine of 10.000$.
Health and Safety Code 42400.4
This Section is a part of the programs of the Environmental Protection Agency of the US, namely Title V permit programs, which issue permits to the entities to help limit the emissions of air contaminants. Penalties for violation of the relevant section No imprisonment as a penalty applies to the above-mentioned section. The accused shall be subject to the imposition of a fine in the amount of not exceeding 10000$. Are there any defenses to overcome penalties imposed by the relevant regulations of law?
- It is possible to use the fact that the violation was not conducted by the level of intent mentioned by the relevant section of the law. For example, as stated in section 42400.2, 42400.3 HS-knowingly, intentionally, or willfully.
- You can also claim that you applied to the corrective actions mentioned in the section. For example, you commit violations of legislative regulations, however afterward you conducted actions to stop emissions.
Glendale Personal Injury Lawyer
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.
