According to California Health and Safety Code Section 120290 it a crime to willfully transmitting a communicable, infectious, or contagious disease. According to California Health and Safety Code Section 120290(a)(2), it is illegal to ignore the instructions of a health professional regarding transmitting an infectious disease.
One potential cause of action is negligence. With this type of claim, the plaintiff must be able to prove that
The keystone of a negligence claim is that the defendant owed the plaintiff a duty to disclose information about the STD, allowing the plaintiff to decide on exposure. In some cases, liability for negligence lies if the defendant exposed the plaintiff to a sexually transmitted disease, even if the transmission didn’t occur. Usually, damages in this situation are based on the mental anguish and emotional distress.
A battery cause of action for transmission of a sexually transmitted disease involves the defendant’s intentional, unconsented and harmful contact with the plaintiff. In an STD case, while the plaintiff may consent to sexual contact, he is not consenting to a contact accompanied by the known risk of contracting an STD. Moreover, it is not necessary that the defendant had a specific intent to transmit the STD - going forward with sexual contact with the knowledge that transmission could occur is enough. For a civil battery claim, the victim must prove that the defendant knew he infected with an STD or was likely to have one.
In order to prove fraud, the plaintiff must establish the following:
A person who knowingly and intentionally fails to disclose their sexually transmitted disease to a sexual partner can face liability for any injuries the partner sustains.
A person who contracts an STD experience suffers emotional distress, including guilt, depression, anxiety, humiliation, or even self-destructive thoughts. An injured person can recover damages for such emotional distress and hold the person with STD legally liable. A claim for intentional infliction of emotional distress for transmitting an STD often accompanies another legal theory, such as negligence. This is because demonstrating the elements of emotional distress and determining damages is usually very difficult.
Generally, the law strictly prohibits disclosing another person's HIV status, except in limited situations such as court cases or medical procedures. A violation of the statute can provide grounds for a civil lawsuit.
To better understand the complexities of STI liability in California, it is important to consider additional legal considerations. One possible defense in STI transmission cases is that the defendant did not know he or she was infected. Under California law, a person cannot be prosecuted for STI transmission if he or she did not know that he or she was infected. This is especially true in cases where a person carries the infection unknowingly or has no symptoms. However, it is worth noting that even if the defendant did not know they were infected, they can still be held liable. If the facts show that he or she should have been aware of the risk of transmitting the disease. In such situations, the key point is that the defendant should have taken all possible steps. to ensure that he or she was healthy before engaging in sexual intercourse.
In some cases, the court can establish liability for transmitting an STD even without intent to infect a partner. California law allows liability even in situations where the infected person did not intend to transmit the infection. But was aware of the risk of infection and continued sexual relations anyway. This is an important consideration in understanding how the law may interpret the actions of individuals who have sex despite the potential risk.
Medical evidence and test results play a key role in STI transmission cases. If the defendant or victim tests positive for an STI, the court can use this as evidence. It is also important to keep in mind that refusing to undergo medical testing can be perceived as strengthening the evidence against the accused. This can seriously affect the outcome of the case, as the court will consider whether a party concealed or withheld information. This may lead to additional charges of fraud or negligence. If you are a victim of STI transmission, contact KAASS LAW for counseling on this issue.
In civil lawsuits, the plaintiff may claim the following damages, including:
One of the most common types of product liability claims in this state is, California failure to warn laws, cases. According to the law, a manufacturer, distributor, and other parties involved in the distribution chain of distribution are required to provide adequate warnings on a product.
The plaintiff must prove the following element to establish the failure to warn claim in California
The plaintiff must be able to prove that he used the product was something the manufacturer could have predicted but failed to warn about the potential harm of using the product in such a way. In addition to that, it is important to prove that the risks of this particular use were not obvious to you as a consumer.
In California, when a spouse dies, the surviving spouse generally has the right to transfer assets and property in their name but there are exceptions. First, the surviving spouse would need a certified copy of your spouse's death certificate and certificates of marriage to show that you married the deceased.
California is a community property state, as such upon the death of a spouse, the surviving spouse is entitled to one-half of the community property. Pursuant to California Family Code section 760, community property is defined as “all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in the state.” At the end of a divorce, community property is generally split 50/50.
In California, if a spouse dies intestate, meaning there is no will or trust, then surviving spouses may inherit half of the community property, as well as, one-half of the deceased spouse's separate property.
In California you generally cannot disinherit a spouse unless, your spouse waived such rights to inherit from you in a valid, signed agreement, known as a "pre-marital agreement".
Protection of minor's rights has always been one of the most important goals in any democratic society. Besides insurance of minor's rights, it has also been essential to criminalize and punish perpetrators of sexual abuse. Penal Code defines various types of sexual abuse of minors, including aggravated sexual assault of a child under Penal Code section 239 PC.
The crime defines committing "a certain offense" against a child. Special elements must exist to criminalize the action as aggravated sexual assault of a child. First is the age of the minor- the latter shall be under the age of 14. It means that children aged 14 or older cannot qualify as victims under this section. The second element is the age difference between the perpetrator and the victim. Under Penal Code section 239 the victim shall be seven or more years younger than the perpetrator. If this element is absent, the action will not qualify as aggravated sexual assault of a child. The third is the commitment of “the certain offense”. Not any sexual abuse of a minor under the age of 14 and with 7 or more years of age difference with the perpetrator shall fall under section 239. The listed crimes are rape, sodomy, oral copulation, and sexual penetration. Assaulting a child under Penal Code section 240 removes the third element since it’s not a “certain offense.”
Pursuant to Penal Code 20410 PC it is unlawful to:
Let’s examine the following scenario: Your friend gives his belt buckle knife to you in order to keep it in your house for 4 days. You are aware of what the instrument it is. Since, you knowingly agree to keep the belt buckle knife, this means that the item is in your possession and that you have control over it. Thus, authorities may charge you under Penal Code section 20410 PC.
California law prohibits weapons such as wallet guns, firearms mounted or enclosed in a case, lipstick case knives, knives in lipstick cases, and belt buckle knives. Under the above-mentioned section, a belt buckle knife is " a knife, which is an integral part of a belt buckle and consists of a blade with a length of at least two and one-half inches. Generally, the law allows certain people, such as law enforcement officers or antique dealers, to possess belt buckle knives.
In order to prevent the commitment of new possible crimes in custodial facilities. California Law criminalizes actions of bringing contraband to those facilities. Penal Code 4373.5 PC defines it as a felony to bring contraband into a state prison, prison farm, prison camp, or other custodial facilities where authorities hold prisoners. This applies to any manner, shape, form, dispenser, container, or instrument for injection without proper authority under the facility's rules.
Contraband, under Penal code section 4373.5 PC, are alcoholic beverages and drugs other than controlled substances. Examples of such drugs can be cough and cold medicines, pain relievers, cough suppressants, etc., as well as medication prescribed to treat different medical conditions, such as infections, diabetes.
The main element of the crime is the intent of the person to commit it, in other words, the person shall knowingly bring the contraband to the jail. Let’s consider this example. You bring clothes to the jail, however before you reach the place, someone drops off a small bottle of vodka into the box with clothes. In case you can prove that you were not aware of how the bottle of vodka can appear in her box with clothes, you can be released from punishment. It shall also be considered that prohibitions and sanctions shall be clearly posted near and outside of the detention facilities.
Bump stocks laws are considered to be illegal both under federal law since March 2019 and under California law.
A bump stock is described as:
Thus, with the help of a bump stock, a shooter can shoot almost as fast as in case he uses an automatic firearm. Though it shall also be noted, that bump stocks do not convert semi-automatic guns into automatic ones.
The actions, which are considered illegal, are the following ones:
The Vehicle Identification Number (VIN) permanently identifies the vehicle on the road. It can be both a motor number, a serial number, or other distinguishing information. Its main purpose is a registration of the motor vehicle in the Department of Motor Vehicles, DMV, or its tracking. The VIN usually appears in visible places on the motor vehicle, such as a metal plate attached to the dashboard, and in hidden locations like the engine frame. California law makes it a crime to intentionally or knowingly alter or destroy a vehicle identification number (VIN) or misrepresent the vehicle's identity for selling or transferring it.
California Law criminalizes several actions that aim to hide or destroy VIN for different purposes. This article will examine California Vehicle Code section 10802 tampering with a Vehicle Identification Number (VIN).
To charge the defendant for violating VC section 10802, the prosecutor must prove beyond a reasonable doubt that the defendant committed the following actions with the VIN: The defendant (1) knowingly altered, destroyed, disguised, falsified, forged, removed, defaced, or counterfeited a VIN; (2) with the intent to: misrepresent the identity of, or prevent the identification of a motor vehicle or motor vehicle part; (3) for the purpose of: transfer, sale, import or export.
A judge issues a bench warrant, also called a "body attachment," as the most common arrest warrant in California. A judge issues a bench warrant, ordering the immediate arrest of a person. Judges issue bench warrants under California Penal Code sections 166 and 978.5. A bench warrant arises from a failure to follow the terms of a pre-existing offense. Not from the suspicion of criminal activity.
California judges can issue a bench warrant for failure to appear in court. If a person fails to appear for any scheduled court date, the judge can issue a California bench warrant. Failure to appear warrants constitute the most commonly issued bench warrants. Some examples include but are not limited to:
California Penal Code Section 18710 prohibits the illegal possession of destructive devices other than fixed ammunition of a caliber greater than 0.60 inches.
The prosecutor must establish the following elements to prove that the defendant is guilty under California PC Section 18710 possessing destructive or explosive devices.
In California a destructive device is defined as the following:
Under California product liability laws, the warning of harm or risk of injury must be:
The manufacturer/distributor is under a duty to stay informed about its product and he can't escape legal liability for a failure to warn just because he was uninformed of the risk. In case the manufacturer/distributor could have discovered the risk through investigation, research, or testing he will be liable for failing to warn the consumer about a risk he should have reasonably known about. Furthermore, if any new information is discovered, it is also the manufacturer's responsibility to warn consumers that have already purchased a product about the new risks.
Under California’s statute of limitations, the plaintiff generally has two years from the date of the injury to bring the claim against the manufacturer/distributor. This period can be extended in case:
The plaintiff can be able to recover the following:
https://www.youtube.com/watch?v=V6GTQa0qmH0&ab_channel=KaassLaw
For more information regarding the rights of a surviving spouse or probate in California, we invite you to contact a California probate attorney at KAASS LAW today at (310) 943-1171.
California punishes aggravated sexual assault of a child as a felony with a minimum sentence of 15 years to life in state prison. The criminal can also face consecutive prison terms, which means that the latter can face sentences under section 239 back to back. A Penal Code 239 PC conviction also requires registering as a sex offender.
Besides the negative reaction of the society and public contempt and hatred, registration as a sex offender interferes with several rights of a person such as the right of freedom of movement, right to privacy, right to work, and several other protected rights by the Constitution. Each State in the US has its separate database for registration of the sex offenders. This means that in case the sex offender changes the state where he lives, he shall each time register in the database of the state he moved to and become subject of legislation of that state concerning sex offenders. Thus, relocation to a new state will not help to avoid the consequences of such registration. The sex offender can also face difficulties in employment. After conviction, there can be limitations to work in certain places which are near schools or kindergartens.
In 2006, California adopted "Jessica's Law", a ballot initiative that prohibits registered sex offenders from living within 2,000 feet of a school, park or similar location where children gather. As such, often times California registered sex offenders may have a difficult time finding suitable tenancy. Thus, besides long imprisonment, registration as a sex offender and remaining as it unless the court determines otherwise, can limit and restrict many of the rights of the offender and leave negative consequences in his life after conviction.
A conviction for aggravated sexual abuse of a child under California Penal Code Section 239 has serious and lasting consequences. Individuals found guilty are required to register with the state as sex offenders. However, the legal and social consequences do not end there 1. Registration as a sex offender significantly limits housing options. Under Jessica's Law, a person on the registry cannot live within 2,000 feet of where children are typically found. As a result, convicted offenders may be denied rental housing. Even in populated areas, it is extremely difficult to find housing. 2. Convicts face employment restrictions. For example, they cannot hold positions that involve working with minors. This includes positions in the following areas:
The existence of a criminal record under article 239 automatically excludes the possibility of employment in government and licensed organizations. that require security clearance. 3. Registering as a sex offender makes it difficult to move to another state. Federal regulations require a registrant to re-register with the appropriate database in the new state within a specified time frame. Failure to do so may result in additional criminal liability. In summary, a conviction under Section 239 not only deprives one of liberty, but also comes with numerous consequences. which limit basic constitutional rights and make further social rehabilitation much more difficult.
If you or a loved one has been charged with Aggravated sexual assault of a child or other related crime, we invite you to contact KAASS LAW at (310) 943-1171 for a free constellation and case review.
The offense is a wobbler, meaning prosecutors can charge it as either a felony or a misdemeanor, depending on the case facts and the defendant's criminal history.
Penalties for a misdemeanor Penal Code 20410 conviction are:
Penalties for a felony Penal code 20410 conviction are:
If you or a loved one has been charged with violation of Penal Code section 20410 belt buckle knives, we invite you to contact KAASS LAW firm at (310) 943-1171 for a free consultation on your case and further assistance.
1. You Did Not Know You Were In Possession of a Buck Knife One of the most common defenses is lack of intent. For example, if the knife was built into a belt that was given to you and you were unaware of the presence of the blade. This could be grounds for dismissal of the charges. Under California law, intentional possession of a prohibited object is a required element of the crime. Thus, lack of knowledge of the nature of the object may be an effective line of defense. 2. You Are an Exception to the Law Certain categories of citizens, such as:
May not be covered by this article. It is important to provide proof of your membership in one of these categories if you wish to use it as a defense. 3. Item Does Not Meet the Definition of a Switchblade Knife In order for an item to qualify as a switchblade, it must be part of a belt buckle and contain a blade that is at least two and a half inches in length. If the blade is shorter or the design is not integrated with the buckle, then the item does not meet the legal definition. The defense may be based on a technical examination of the article and its failure to meet the statutory definition.
1. California Penal Code 21510 PC - Throwing Knife (Switchblade) This statute prohibits:
Knives that open automatically by pressing a button or lever. Like a buckle knife, an ejector knife is considered a concealed and potentially dangerous weapon. A violation can also be classified as a misdemeanor with a penalty of up to one year in jail. 2. California Penal Code 20200 PC - Open Carry Exceptions Certain knives are permitted as long as they are carried openly, in a sheath on a belt. However, this rule excludes belt sheath knives, since the law defines them as concealed. 3. Legal Consequences of a Conviction under Article 20410 PC In addition to jail time and fines, a conviction under Article 20410 may have other legal and social consequences. Courts may consider your criminal record in future cases. A criminal record can also affect:
It is important to discuss all possible consequences with an experienced attorney.
If you have been charged with a violation of California Penal Code 20410 PC, we strongly recommend that you consult with a qualified attorney. Contact KAASS LAW at (310) 943-1171 for a free consultation and analysis of your case. Our offices are located in Glendale and Los Angeles. We speak English, Russian, Armenian, Spanish, and French.
Let’s consider the following scenario. You bring ibuprofen to your friend because you are aware that only this pain reliever is effective for him. Then, when charged for violation of Penal Code section 4373.5 PC, you claim that you were not aware that law prohibits bringing to jail this drug and you only had the intent to help your friend. You cannot rely on ignorance of the law because the rule and its sanctions exist outside the jail.
You cannot rely on ignorance of the law because authorities wrote the rule and its sanctions outside the jail. It is punishable in state prison for 16 months or 2 years or 4 years, depending on the circumstances, as well as the criminal history of the person committing the violation. The judge can also award with a felony or formal probation.
Another related offense is the violation of section 4573.6 of the California Penal Code. The section stands for bringing controlled substances to the prison, jail, any detention facility knowingly.
US "Controlled substances act" regulates the manufacture, possession of such controlled drugs. Examples of these are heroin, cocaine, or drugs similar to them. If the violation is charged as a felony and is punishable by imprisonment for up to 4 years in county jail.
If charged under Penal Code 4373.5 PC for bringing contraband into a jail or prison, consult a Los Angeles criminal California Penal Code 4373.5 PC makes it a felony to bring contraband into custodial facilities, aiming to prevent new crimes in jails and prisons.nal defense attorney. For more information contact Los Angeles Criminal Defense Attorney at KAASS LAW. (310) 943-1171 We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205. Additional offices in Los Angeles located at 633 West 5th St 26th Floor, Los Angeles, CA 90071.
Despite the seriousness of the consequences, a defendant has the right to defend himself against the charges. Here are some possible legal strategies: 1. Lack of intent One of the key elements of the crime is the presence of intent to bring illegal substances or items into the prison. If the defense can prove that the defendant did not realize that the item was a prohibited item, this may be grounds for dismissing or reducing the charges. For example, if the defendant was carrying someone else's bag, was unaware of its contents, and had no intent to violate the law. 2. Failure to Give Notice of Prohibitions While ignorance of the law does not absolve one from liability, the defense may allege a lack of proper notice. The law requires that warnings of the prohibitions and possible penalties be posted in conspicuous places on the premises. Failure to post such notices may be used as a mitigating factor. 3. improper handling of evidence As in other criminal cases, any irregularities in the process of:
Can lead to the exclusion of evidence from the case. If the defense can prove that the contraband was seized as a result of an illegal search, it could have a significant impact on the outcome of the case.
Prosecuting these cases is complex and requires a professional approach. A violation of PC 4373.5 can result in lengthy incarceration and a criminal record that will affect:
And other areas of life. If you or a loved one is facing charges under California Penal Code Section 4373.5 PC, it is important to consult with an experienced attorney immediately. The legal team at KAASS LAW is experienced in defending clients charged with smuggling into detention facilities and is prepared to provide a quality defense at all stages of the case.
There are a handful of people and or entities whom are legally allowed to possess a bump stock. The people and or entities whom are entitled to legally possess a bump stock include the following:
It is to be noted that those listed above must have a permit in order to have the right to possess bump stocks.
The offense is a wobbler offense, thus, depending on the facts and criminal history of the defendant, it can be charged either as a felony or a misdemeanor.
The penalties for a Penal Code 32900 misdemeanor conviction include imprisonment in a county jail for a term of up to one year.
The penalties for a Penal Code 32900 felony conviction include imprisonment in a county jail for 18 months to three years.
Since March 2019, bump stocks are considered to be a type of machine gun and are also illegal under Federal Law. Bump stock owners need to destroy them or transfer them to law enforcement agencies. Possessing a bump stock can lead to the following penalties under federal law:
There are some common defenses for Penal Code section 32900, which are possible to use in order to avoid penalties. Examples of such are:
If you or a loved one has been charged with Penal Code 16930 we invite you to contact our Los Angeles criminal defense attorney today at (310) 943-1171 for a free consolation and case review. We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205 with additional offices in Los Angeles located at 633 West 5th St., 26th Floor, Los Angeles, CA 90071.
California Vehicle Code section 10802 is known as a "wobbler offense", as such, it can either a be charged as a misdemeanor or a felony. Penalties for a misdemeanor Vehicle Code section 10802 conviction will differ from a felony VC 10802 conviction.
A misdemeanor Vehicle Code section 10802 conviction carries the following penalties:
A felony Vehicle Code section 10802 conviction carries the following penalties:
The facts of the case and the offender's history generally decide the type of conviction.
Possible defenses for a vehicle code section 10802 offense may be
For example, you wished to replace your dashboard and accidentally damaged the VIN. You can use this technique as a defense method since you had no intent or purpose to commit the violation described in section 10802.
For example, you tried to hide the stolen car, by damaging its VIN, though you did not have the purpose to export or to sell the car to a third party.
If you or a loved one has been charged with VC 10802 we invite you to contact KAASS LAW today at (310) 943-1171, for a free consultation and case review.
In addition to the basic penalties, a conviction under California Vehicle Code 10802 can have long-term consequences. For example, a criminal record can:
If you are convicted of a felony, the consequences may include:
The court and prosecutor may consider such factors as:
If there is evidence of intent and purpose, such as selling cars with counterfeit plates, the act will almost always be classified as a felony.
In addition to lack of intent and prior VIN damage, defenses may include:
Because VIN violations can be either accidental or the result of serious criminal schemes, it is important to have an experienced attorney. One who can protect your rights and obtain the most favorable outcome possible. The attorneys at KAASS LAW can help you understand the charges against you. They will evaluate the evidence and present possible defense strategies. If you or a loved one is facing charges under California Vehicle Code 10802, contact KAASS LAW. phone (310) 943-1171 for a free consultation and legal assistance.
Additionally, the judge may issue a bench warrant if a person indicted by a California grand jury is not present at the indicated time.
If a person willfully fails to appear in court after receiving a written promise to appear, the prosecution will charge them with "failure to appear" as a misdemeanor. This is punishable by up to one year in county jail and/or a maximum fine of up to $1,000.
If a person released on his own recognizance for a misdemeanor case willfully fails to appear in court within 14 days of a scheduled date, he will face additional charges of misdemeanor "failure to appear" for evading the process of the court. In this case, a person may face a fine of up to $1,000 and a sentence of up to six-month in county jail.
If a person released on their own recognizance for a felony case willfully fails to appear in court within 14 days of the scheduled date, the court will charge them with felony "failure to appear." A person may face a minimum fine of $5,000 and a sentence in a county jail or state prison. In case fail to appear in court involves a felony case where a person posted bail, the maximum fine increases from $5,000 to $10,000.
If a person willfully fails to pay court fines or ordered restitution the court may also issue a bench warrant. According to California Penal Code section 1203.04 a willful failure to pay a fine or restitution if a person has financial ability to do so is a misdemeanor and is punishable by up to one year in county jail
The court can also issue a bench warrant if a person fails to obey its orders. If a person fails to complete a report for drug-testing, community service, or court-ordered classes, the court will charge them with a probation violation.
California Penal Code section 1214.1 states that if a person fails to pay a fine on time, violates a written promise to appear in court, or disobeys a court order, the court may charge a penalty assessment of up to $300,000 and refer the case for collection. According to California Vehicle Code section 40508(d) if a person willfully fails to pay on time any fine or portion thereof due to a conviction for an infraction the court can also suspend his driver's license for 30 days.
In case you have a bench warrant out for your arrest, it is important to contact an experienced criminal attorney. Call (310) 943-1171 today for a free consultation. If you or a loved one has been issued a bench warrant, we invite you to contact our Glendale criminal defense attorney at KAASS LAW at (310) 943-1171 for a free consultation and case review. Our staff speaks Spanish, Armenian, Russian, and French.
In California, there are many prohibited devices and weapons and some of them include bombs, missiles, rocket or grenade launchers, and land mines
According to California law possession of destructive devices can be actual and constructive. Actual possession is when the defendant has the dives in his physical possession. Constructive possession occurs when a defendant has control over the device but doesn’t have actual possession over it. Consequently, a defendant doesn’t have to actually touch or hold the device for it to qualify as a possession.
Penalties for a PC section 1817 conviction is a wobbler and can be punished as either a misdemeanor or a felony, depending on the defendant’s criminal history and the case facts.
Penalties for misdemeanor penal code 18710 conviction include the following:
Penalties for felony penal code 18710 conviction include the following:
Under PC 18715 reckless or malicious possession of a destructive device in the following locations can increase the sentence:
The defendant will face felony penalties of two, four, or six years in state prison.
In case the prosecutor establishes that defendant had the intention to intimidate, injure, or terrify a person, or to wrongfully destroy or injure or property under PC 18740 the penalties include three, five, or seven years in state prison.
In case the defendant had malicious intent to injure another person with the device under under PC 18755 the penalties include five, seven, or nine years imprisonment in state prison.
In addition to state criminal liability, a person may be subject to federal liability. Under 18 U.S. Code § 844, it is unlawful to:
It is a federal crime to do so without a license. If the device is discovered during the commission of another crime or near critical facilities such as:
The case may be transferred to federal jurisdiction.
In addition to incarceration and fines, a conviction under the Explosives Possession Statute carries collateral consequences. These include:
And for aliens:
In addition, if the offense is found to be related to street gang activity, the court may order the convicted person to register as a gang member. Contact KAASS LAW at (310) 943-1171 for a consultation.
In case the defendant caused death to another person under PC 18755, the penalties include a life sentence without the possibility of parole.