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Carjacking is defined as seizing a motor vehicle from someone by force or fear, according to California Penal Code 215 PC. Using "force or fear" under this statute entails inflicting physical force or threatening to harm the victim. PC 215 can be charged if the victim is the driver or a passenger in the car, and they do not have to be the owner.
In California, carjacking is considered a felony. If you are convicted of carjacking, you might face a sentence of three, five, or nine years in state prison, and you would have to serve 85 percent of your sentence. Furthermore, under California's Three Strike Laws, carjacking is a Strike offense as a serious and violent felony, and every following felony conviction would be doubled. Carjacking is considered a crime of moral turpitude, and anyone in the United States on temporary resident status, as well as anyone with a professional license, will face urgent deportation procedures. If you are convicted of this felony, the DMV will place severe restrictions on your license.
Penalties for PC 215 carjacking conviction in California carries a:
A carjacking conviction carries harsh penalties and enhancements, as well as a "strike" under California's three-strikes rule, which can be increased if the defendant:
Under Penal Code 186.22 gang enhancement a defendant can be prosecuted under this section if they either participate in a gang while furthering a felony or carry out a crime for the benefit of a gang. As such, a 15 year to life enhancement can be applied if the theft was for the benefit of a criminal street gang.
If a firearm was used during the commission of the carjacking 10 years can be added to the sentence. Although per SB620, such enhancement is left to the judge's discretion.
In the event, someone was harmed during the commission of the carjacking, three (3) to six (6) years may be added to a defendant's sentence. If a gun was discharged during the commission of the carjacking a 20-year sentence can be added.
Since every vehicle theft is a severe issue for the owner, the stakes are significantly higher when the owner is still in the vehicle when the thief acts. Carjacking is defined as the act of depriving the owner of the vehicle while they are still in or near it. However, ejecting the owner is precisely the carjacking issue. Force, the fear of force, or some other form of duress or coercion is required to eject or resist the owner. Owners do not just hand over the keys to their vehicles to criminals. Carjacking is a separate felony in part because it violates the owner's safety and autonomy, as well as the potential of significant injury or worse.
Other carjacking related crimes include:
If you or a loved one has been charged with carjacking under Penal Code 215 PC, we invite you to contact our Los Angeles criminal defense attorney today for a free consultation.
California has enacted Senate Bill Number 2 (SB 2), a significant piece of legislation aimed at enhancing accountability and transparency within law enforcement across the state. This landmark law introduces new mechanisms for decertifying police officers who engage in misconduct, marking a substantial shift in how California addresses police accountability. At KAASS LAW, serving communities throughout California, we are committed to keeping our clients informed about crucial legal developments like SB 2 and its potential impact on individuals and law enforcement agencies alike.
For years, concerns regarding police misconduct and the need for greater accountability have been prominent in public discourse. SB 2 represents a legislative response to these concerns, seeking to create a more robust system for addressing and preventing misconduct by law enforcement officers. Prior to SB 2, the process for decertifying officers in California was often under criticism for being inconsistent and lacking the necessary teeth to hold officers accountable for serious wrongdoing.
Being a victim of a crime is devastating and can leave long-lasting trauma onto victims. Furthermore, this far beyond physical injuries and infliction onto the person. In doing so, the aftermath of the crime in questions leaves a tremendous impact on its victims that may even potentially have irreversible damages. These type can be one of many cases such as emotional distress, financial burden and a complete disruption of your everyday life. On a better note, here in California recognizes the major impact of crime on its residents. Additionally, it has made the California Victim Compensation Board (CalVCB). As a result, this will provide financial assistance to victims and their families, upon eligibility. Here at KAASS LAW, while serving communities across California, we are also dedicated to informing victims about their rights and helping them navigate the process of seeking compensation to aid in their recovery. The following will further explain the acts of a criminal offense, what CA has provided for the victims in need, and how KAASS LAW can help!
The CalVCB provides reimbursement for a range of crime-related expenses, offering a crucial lifeline to those who have suffered harm. It's important to understand that this program is not in the intent to replace insurance or provide full restitution from the offender, but rather to help victims cover essential costs incurred as a direct result of the crime. further expands the definition of punishment if someone committed a criminal offense.
Started back in 2013, hoverboards have been in public for some time now . They began to quickly gain fame as most teenagers started purchasing the product. However, many problems arose during that time. Let's discuss Hoverboard Product Liability Claims.
A hoverboard is a way of portable transport, made to ride with only feet. There is a common term for them, which is "self-riding scooters." Hoverboards came to be the "next big thing" at the time of their release. With it being technologically so active, there came along a variety of issues with the product.
With the hoverboard being the new portable way of transit, technological reliability is highly dependent on during the use of this product. An example of a defect in technology included the hoverboard coming to an immediate stop. Now, this may not sound so bad, however, the damages it led to have been far more serious. With further elaboration, let's discuss how the hoverboard is driven. Riding a hoverboard, you must place your two feet in the two given spots. Being able to move the hoverboard forward or backward, you must lean forward and backwards, respectfully. To turn in direction, the body weight must transfer to one leg while the other maneuvers the opposite leg to start turning. This applies to both sides while you are turning. So, if someone were to be riding the hoverboard and going in a forward motion and suddenly the hoverboard comes to an immediate stop, there are a countless number of physical damages that may arise in the midst of this accident. Technology crashing may also lead to a loss of control.
Own recognizance means to be released without having to pay bail with the promise that the released individual will show up on their court date. Specifically, an individual will be required to sign an agreement stating that:
The following factors are taken into consideration to determine if an individual is eligible for his own recognizance:
Yes, specific offenses require a formal adversarial hearing should such offenses fall under Penal Code 1270. These offenses include:
A rear-end collision between a semi-truck and a passenger vehicle is something that happens often. The first thing that comes to mind when you hear the words "rear-ended by a semi-truck" is most likely the severity of damage such an accident can cause. This is primarily due to the overwhelming size and weight of the semi-truck can pose a serious risk of catastrophic injury or wrongful death in an accident.
There are many causes for rear-end accidents involving semi-trucks. Some common causes as to why a semi-truck driver may rear-end another vehicle include:
Yes, under Health and Safety Code 11351, it is considered a felony in the state of California to possess controlled substances with the intent to sell them.
For purposes of Health and Safety Code 11351, a controlled substance is any drug or chemical whose manufacturing, possession, and use are regulated by the government under the Controlled Substances Act.
The Controlled Substance Act is a federal statute that enables the federal government to regulate the manufacturing, importation, possession, use, and distribution of certain substances. Additionally, controlled substances are placed under one of five schedules under this act. The placement is based on the following:
If you have been involved in an accident where there is a minor present in your car, then it is important that you know what to do. An accident with a child in your vehicle can be terrifying. This article will outline three steps that may be taken after being involved in an accident with a minor and how these different scenarios can play out.
Senate Bill 9 is a new law that was signed on September 16th that rezones single-family neighborhoods and urban parcel splits. The bill covers housing development.
Senate Bill number 9 will provide the following changes:
Single-family residential zones will allow for partial or full teardown of an existing single-family home to create residential units that can be sold separately will be allowed.
Yes, Senate Bill Number 9 works together with ADU law.
ADU stands for accessory dwelling unit. Also known as "backhouses" or in-law units that typically constructed on property with an existing single-family house/unit.
Under Senate Bill 9, more ADUs will be built on land that has an existing single-family residential unit without the public’s review. Additionally, it is important to note that local ordinances will be observed in that those local ordinances that physically stop constructions of units cannot be enforced. An example of local ordinances includes those that preserve views or allow designated areas for bike paths.
The Homeowners Protection Act (HPA), also known as the PMI Cancellation Act, is a 1998 federal law that affords homeowners certain protections when canceling private mortgage insurance (PMI). It also creates other regulations related to the lending process. The HPA only covers private loans and does not regulate government-backed loans, such as VA loans. For people who take private loans, many of them are required or opt to purchase PMI, only to find out that they no longer need it later on. The HPA provides regulation in the process of purchasing and canceling PMI so that homeowners can avoid paying these unnecessary costs.
PMI is typically only required when a home buyer plans to pay less than the standard 20% upfront. This makes lending to those who cannot afford the high initial costs a lot less risky and more worthwhile to do. Paying for PMI can come in many forms, including paying an extra monthly premium on the mortgage, paying a 1-time sum at the beginning of the mortgage, or raising interest rates on the loan. No matter how the buyer chooses to pay, all forms of PMI are subject to HPA regulation.
Under the existing law, the Tom Bane Civil Rights Act, SB 2 is the attempt of diminishing any cases of police misconduct and or police brutality. California is taking a further step into making sure its people is being properly taken care of.
Senate Bill 2 will create a system within the Commission on Peace Officer Standards and Training. Essentially, this system will be made to keep police officers accountable should there be misconduct. This includes investigating serious matters such as the following:
Yes, under Senate Bill 2, the following divisions within the Commission on Peace Officer Standards and Training will be made:
Senate Bill 2 will provide some of the following:
No, California currently does not have a process to revoke police officer certification.
Yes, there are current laws that ensure the protection of the public. However, qualified immunity in federal court also applies as well as other California laws that have interpret broadly as a way to restrict cause of action brought by the public.
The implementation of SB 2 will undoubtedly have significant implications for law enforcement agencies and the communities they serve. Understanding the nuances of this legislation is crucial for both officers and individuals who may have experienced police misconduct. For law enforcement agencies, SB 2 necessitates a review of internal policies and procedures to ensure compliance with the new regulations. It also underscores the importance of thorough internal investigations and a commitment to accountability. For individuals who believe they have been victims of police misconduct, SB 2 provides a new avenue for seeking justice and accountability. Understanding the process for filing complaints and the potential for decertification is essential.
At KAASS LAW, we are committed to upholding the rights of individuals and promoting justice within our communities throughout California. We are closely following the implementation of SB 2 and understand its significance for police accountability in our state. If you believe you have been a victim of police misconduct, or if you have questions about your rights in interactions with law enforcement, we are here to provide guidance and support. Our experienced attorneys can:
Senate Bill 2 represents a crucial step forward in California's efforts to reform policing and enhance accountability. As this legislation is implemented, it is vital for individuals and communities to understand its provisions. Additionally, they also need to learn how they can contribute to a more just and equitable system. Contact KAASS LAW to learn more about your rights and how we can assist you in navigating the complexities of police accountability in California. Alternatively, if you were a victim of wrongful death by police, we can help.
When someone commits a crime, not only could they subject themselves to punishment by the state, but they are also liable to pay for any damage that they may have caused to a victim and their property. “Damages” refer to harm that may have been done in the form of:
When looking to be compensated for damages, a plaintiff must prove that the criminal was acting negligently and also that the damage was caused by the negligent actions.
Below is a list of crimes that typically result in extensive damages to victims:
Even if a crime was committed and police choose to convict the criminal, this does not always guarantee liability for all damages claimed. Below are the 2 most commonly used defenses from criminals:
First, it may be the case that the damages were not actually a result of the crime committed. It is not enough to merely show that a crime and damages took place, you must also show that the crime was the cause of them. Let’s apply this to example 1: It is also a possibility that the criminal does not completely deny responsibility for damages, but claims that the damages in question are excessive.
While victims can apply for compensation on their own, having experienced legal counsel can significantly ease the burden and increase the likelihood of a successful outcome. At KAASS LAW, our attorneys can assist victims of crime in California by:
The California Victim Compensation Board serves as a vital resource for those who have been harmed by crime. Understanding your rights and the availability of compensation can be a crucial step in the healing process. At KAASS LAW, we are committed to empowering victims of crime by providing them with the information and legal support they need to navigate the path to recovery and seek the justice they deserve. If you or someone you know has been a victim of a crime in California, please reach out to us for a confidential consultation. We are here to help you find a path forward. We understand the loss of someone's integrity, security, or even their well-being. Sometimes the injuries cut deeper than the injury itself. Allow us to be your voice and attempt to go after the ones that did you wrong. Contact us if you are seeking legal help and or representation.
Some issues with the hoverboard include:
There are several possible hoverboard product defects that can exist causing injury. There are 3 theories that a product liability lawsuit can be brought under. The 3 product liability theories include:
California hoverboard or electrically motorized board riders should be aware that there are California laws that govern its use. Some of these California hoverboard laws include but are not limited to:
If you or someone you know has been injured and think this can potentially be a Hoverboard Product Liability Claim, don’t hesitate to contact our Los Angeles personal injury attorney today at (310) 943-1171 for a free consultation and case review.
Yes, as mentioned above, there are certain conditions that an individual must agree to should they be released on their own recognizance. These requirements are listed under Penal Code 1318. It is important to keep in mind that these conditions must remain reasonable both to the charges pending against the individual as well as taking into account the goal of public safety. Additionally, the individual may also have to agree to other conditions such as:
Yes, being released on own recognizance may trigger investigators, who are court staff members, to look into an individual to determine what the individual’s character is and whether the individual has a strong connection to their community and if they are a flight risk. However, an investigation into the individual is mandatory should the individual face charges of a violent felony or driving under the influence (DUI) that resulted in great bodily injury.
If you or someone you know has been released on your own recognizance or is currently in jail and would like to be released, please contact our Los Angeles criminal defense attorney at (310) 943-1171 for a free consultation.
Commercial truck drivers are required to maintain a 'logbook" that records the "hours of service". In other words, this log contains the number of hours the drive has been driving. Semi-truck drivers hauling cargo have an 11-hour driving maximum after 10 consecutive hours off duty. Further, semi-truck drivers can work a maximum of 70 hours per week. A driver can then resume driving if they rest for 34 consecutive hours, including 2 nights. Furthermore, all carriers and drivers operating commercial motor vehicles (CMVs) must comply with "hours of service" regulations found in 49 CFR 395.
Driving a semi-truck with unmaintained or worn-out brakes is negligent. Commercial vehicles such as tractor-trailers and semi-truck are moving fast and burdened with a heavy load and therefore generally will need a lot more time to come to a full stop than any SUV. As a result, failing to routinely maintain commercial vehicle breaks will need even more time to come to a complete halt.
Step 1: Firstly, if you are involved in an accident, the first and most important thing to do is call an emergency response to request medical and police assistance. Step 2: Take pictures of the damage to the vehicles, the position of the vehicles, and the entire accident scene. If there is a debate as to how the semi-truck accident occurred, the damage and positions of the vehicles will help the police and accident reconstruction experts to determine what occurred. Moreover, taking a picture of the driver's logbook logs for that day is a plus. Step 3: Attempt to locate people who may have witnessed the collision. Get their name, address, and telephone number. Additionally, exchange information with the other driver, such as insurance information and driver's license information, vehicle registration, driver's contact, and employer information. Step 4: Seek the proper and immediate medical treatment as soon as possible. Going to the emergency room to be examined will ensure there are no internal or hidden injuries, as well as document your injuries. Step 5: Lastly, contact an auto accident lawyer immediately if you have been involved in a semi-truck accident.
A victim involved in an accident with a commercial truck can file a lawsuit against the at-fault driver and the commercial truck company. It is important to keep in mind that the tractor and trailer can have different owners. As such, it is important to ask the driver of the truck who owns the tractor and trailer.
As experienced litigators, we have successfully litigated various personal injury cases including complex personal injury matters. Above all, our attorneys possess the mastery it takes to successfully receive fair settlements during the claims stage of a personal injury case. Don’t accept low-ball offers from insurance companies. An injured truck accident victim may seek compensation for damages which includes:
If you or a loved one has been seriously injured or killed due to a negligent semi-truck driver it is crucial to seek advice from an experienced commercial truck accident attorney as soon as possible in order to preserve your claim and legal remedies. We invite you to contact our commercial truck accident attorney today at (310) 943-1171 for a free consultation.
Kaass Law will connect you with leading medical professionals in your area to diagnose and treat your injuries. If you are unable to pay for the medical treatment we can facilitate treatment on a medical lien basis. This means you pay nothing up front. As the conclusion of your case, your medical bills are paid from the settlement.
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Controlled substances for purposes of Health and Safety Code 11351 include the following:
Keep in mind that possession of controlled substances such as marijuana and methamphetamine for purposes of sale are considered separate offenses not covered under Health and Safety Code 11351.
For purposes of Health and Safety Code 11351, possession is established when an individual has direct and/or immediate control over the controlled substance. Typically, this is established when the individual possesses the controlled substance if they are carrying it on them. Possession can also be established if an individual has personal control over the substance such that the controlled substance was found near or around an area that the individual exercises control over, such as in the individual’s car or garage.
Under Health and Safety Code 11351, intent to sell can be established by showing the following:
As mentioned above, violating Health and Safety Code 11351 is considered a felony. Penalties include the following:
If you or someone you know has been charged with Health and Safety Code 11351, we invite you contact KAASS LAW today at (310) 943-1171 to speak to our criminal defense attorney for a free consultation.
Some common injuries a child passenger may suffer in a car accident include:
If you are in a car accident, it is not just adults who can be injured. Children too may suffer injuries. The type of injury depends on the age and size of the child as well as what part of their body they were hit by or landed on. If your child was involved in an accident, it is important to seek medical attention.
Car accidents are never easy to go through, and they can cause serious injury. For minors in the car during an accident, there may be more worries than for adults. After all, it is hard enough worrying about their own safety after an accident. Getting into accidents is unavoidable in some cases. If you have been in an accident with a child in your vehicle, you should know that you have legal options to discuss with your attorney. Give our Los Angeles Attorneys a call right now to get your case going. Please contact 310-943-1171 to reach our office. We would be pleased to assist you with your case.
Yes, the single-family home may be entirely demolished if tenants have not lived in the home during the past three years otherwise, only 25% of the home may only be demolished. However, local ordinances that allow more than 25% of the home to be demolished can override the 25% limitation.
Yes, Senate Bill 9 does have limitations, which are as follows:
If you or someone you know owns the land and is thinking about taking advantage of Senate Bill 9, please contact our real estate attorney at (310) 943.1171 for a free consultation.
Before the passage of the HPA, many lenders would make their customers aware that PMI is not required for the entire duration of the loan, yet there were difficulties for homeowners when trying to cancel it, many of whom were ignorant to the fact that they could do so. The HPA made it so lenders must do the following regarding PMI:
The HPA makes it so nearly all homeowners can cancel their PMI once the loan-to-value (LTV) reaches 80%, meaning that their equity must reach 20%. You can send a written request to your lender once you reach this number, and they are legally required to cancel your PMI barring other extenuating circumstances. Once the LTV reaches 78% your lender is legally required to cancel your PMI automatically, even if you have not requested it. It is generally a good idea to keep track of the equity you have accrued and cancel PMI at 80%, not just because you are losing out on money, but because there are circumstances where the lender may be able to charge PMI past 78% LTV. For example, liens on your property may allow a lender to keep charging PMI. https://youtu.be/wpuQaj4rdg8