California Penal Code section 470: (a) states, “Every person who, with the intent to defraud, knowing that he or she has no authority to do so, signs the name of another person or of a fictitious person to any of the items listed in subdivision (d) is guilty of forgery.” (b) states, “Every person who, with the intent to defraud, counterfeits or forges the seal or handwriting of another is guilty of forgery.” (c) states, “Every person who, with the intent to defraud, alters, corrupts, or falsifies any record of any will, codicil, conveyance, or other instruments, the record of which is by law evidence, or any record of any judgment of a court or the return of any officer to any process of any court, is guilty of forgery.”
Forgery is the crime of falsifying a document, parts of a document, or a signature with the intent to defraud another party. PC 470 outlines several ways to commit the crime of forgery. They include:
Not only is it required that document falsification takes place, but for the forgery to be a crime, it is also required that the person who did it, has done so with “Intent to Defraud.” Someone has this intent if it can be proven that they tried to deceive another person in order to benefit financially and/or legally.
Forgery is a “wobbler” offense in California, meaning that it can be charged as either a misdemeanor or felony crime depending on the severity of it. It is mainly up to the judge’s discretion on how they would like to charge the crime, but it is worth noting that forged documents that defraud people out of $950 or less are charged as misdemeanors. Misdemeanor forgery charges can result in:
Felony forgery charges can result in:
A forgery conviction can have serious long-term consequences. For example, a conviction for forgery can appear on your background check and affect:
In addition, some employers, especially in finance and law, do not hire people with such past offenses. In addition, if the accused is employed by a government organization, the conviction may result in termination of employment. Even if the person is not convicted, the mere fact of criminal proceedings can damage reputation and professional activities. It is also worth noting that a forgery charge can be used against you in civil lawsuits. For example, if someone lost money because of an alleged forged document, they can file a civil lawsuit seeking compensation. This means that you will face financial consequences in addition to criminal liability.
Several common defenses exist if you face forgery charges in California. Some of these include:
People make innocent mistakes in creating complex documents all of the time. Under no circumstance can making a mistake on a document qualify as forgery, even if the document caused someone to lose money or successfully deceived someone. You can sign for others if they give you permission to use their signature. Many workplaces have e-signature systems where workers can legally provide the signature of one of their coworkers (with their permission). This is not a crime. Lastly, there may have been another reason for you falsifying a document that does not involve deceiving another. Maybe, for example, you were trying to prank your friend by showing them a large (falsified) paycheck that you received from your employer. Unless you try to deceive someone with the check, it is not a crime to falsify the document for another purpose, such as making a joke.
If you are facing a forgery charge, it is important to consult with a lawyer right away. KAASS LAW can help defend you against forgery charges by thoroughly reviewing the evidence and building a strong case. If you are facing a forgery charge, it is important to consult with a lawyer right away. Our lawyers will be able to:
1. analyze the details of the charge 2. identify the errors of the investigation 3. build a competent defense strategy. Timely legal assistance significantly increases the chances of a favorable outcome of the case.
California Penal Code section 171.5 is a California statute that makes it illegal to possess a firearm or several other kinds of weapons in an airport under certain circumstances. To face charges for violating this law, you must:
The statute lists various different types of weapons and items that resemble weapons that are illegal to bring to the airport. They include:
California Penal Code section 463 states, “Every person who violates Section 459, punishable as a second-degree burglary pursuant to subdivision (b) of Section 461, during and within an affected county in a ‘state of emergency’ or a ‘local emergency,’ or under an ‘evacuation order,’ resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster shall be guilty of the crime of looting, punishable by imprisonment in a county jail for one year or pursuant to subdivision (h) of Section 1170.”
Looting differs from traditional theft or burglary because you must commit it during an emergency declared by a governing body. Basically all kinds of theft, no matter how severe, can be classified as looting if done under the necessary conditions. The crimes include:
California Penal Code section 148.5 PC states, “Every person who reports to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, the Attorney General, or a deputy attorney general, or a district attorney, or a deputy district attorney that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor.”
In order to be criminally charged with making a false report of a crime, you must have satisfied the three elements. These elements constitute a violation of Penal Code 148.5 PC. The three elements are the following:
California Penal Code Section 303 prohibits the following conduct: “It shall be unlawful, in any place of business where alcoholic beverages are sold. No person shall loiter there to beg solicit any patron, customer or visitor to purchase any alcoholic beverage for them.”
A violation of Penal Code section 303 requires 2 parts:
“Loitering” The law defines loitering as staying in a place without a legal reason to be there. This can take place in both public and private property. It’s important to note that the first element requires the defendant to loiter in a place where alcohol can be consumed. This means the premises must allow alcohol consumption on site. Liquor stores are a good example of somewhere that would not qualify. People may loiter on the premises of a liquor store and ask others to buy them alcohol, and this is allowed. Since liquor do not permit drinking on the premises, this would not be sufficient to violate PC 303. The second element requires that the defendant ask others to buy them or give them alcohol. This is fairly straightforward. Important to note that law does not necessarily require the defendant to solicit alcohol from the place that they loiter. It only require that they ask in some form to buy them alcohol.
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Penal Code section 330 outlines the crime of “gaming,” or illegal gambling. It states that, “Every person who deals, plays, or carries on…any banking or percentage game played with cards, dice, or any device, for money, and every person who plays or bets at or against any of those prohibited games, is guilty of a misdemeanor.”
Gaming refers to the act of gambling illegally. It is a crime to participate in a game that involves gambling or to run a gambling operation in the state of California. For gambling to constitute a crime, you must have illegally participated in some way, and the game itself must have violated the law. You do not necessarily have to play in the illegal game in order to be charged with a PC 330 violation. The law specifies that it is illegal to deal, play, run, or oversee a gambling operation. This means that participating in gaming is not only illegal but if you conduct an illegal gambling operation on your property and collect some of the profit, you are guilty of a gaming crime. The other requirement is that the game in question must be a “prohibited game” under California law. This means that the game involves a bank, house, or dealer that collects money from losers and gives it to the winners and/or itself. There are 2 main categories this creates: “banking” and “percentage” games. Banking games involve a 3rd party “bank” that distributes money from the loser to the winners. A percentage game means that the bank collects a percentage of the winnings or the total amount of bets.
An exhibition of speed or otherwise known as “speed ex”, “flooring it”, “street racing” is the amusement of car and bicycle lovers, meanwhile it is spectacular for bystanders. Most people don’t realize that California law criminalizes the adrenaline-filled, attention-grabbing act. It considered as one of the driving offenses.
According to California Vehicle Code 23109(c), a person shall not engage in a motor vehicle exhibition of speed on a highway, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway. From the statutory provision emanates that this offense includes 2 indispensable elements:
Unlike element 2 when it is clear what the highway is and how it differs from other roads, element 1 may not be precise for most people, therefore it needs to be clarified.
The concept of “an exhibition of speed” is described as illegally accelerating or driving at a rate of speed that is dangerous and unsafe in order to show off or make an impression on someone else. Thus, the mere concept of “an exhibition of speed”, in its turn, has distinctive components, which may be summarized as:
California Civil Code section 1714 outlines the requirements to prove that a defendant is liable for your accident on their premises. The four elements required to win a premises liability case are, therefore, the following:
Government buildings are not the only premises that would fall under the definition of government property. Nearly all public spaces are considered government-owned and, as a result, will require a different claim process than those within privately-owned premises. Some examples of government property include:
Outlaws public intoxication (public drunkenness). California Penal Code section 647f describes the crime as follows: “[An individual] found in any public place under the influence. "This includes intoxicating liquor, any drug, controlled substance, toluene, or any combination of these, in a condition that they are unable to exercise care. This is applies to their safety of others, or if their intoxication interferes with the free use of any public way.”
There are three elements to a public intoxication charge. The defendant must:
Keep in mind that “intoxication” refers to a delirious state caused by any drug or controlled substance, not just alcohol. The statute also requires the accused individual to have willingly taken the substance.
California Penal Code Section 191.5 (PC §191.5) classifies gross vehicular manslaughter while intoxicated as a felony.
To charge a person for this vehicular manslaughter while intoxicated per Penal Code §191.5 PC, the prosecutor must prove the following elements exist:
It also specifies that it is not necessarily illegal to have these items anywhere in an airport, but only in “sterile” areas, which refers to anywhere past the TSA screening.
California law treats possession of a weapon in an airport as a misdemeanor offense. The punishments could consist of:
Legal Grounds for Bringing Prohibited Items into the Airport Legislation provides a number of exemptions for persons authorized to bring weapons and prohibited items into the airport. Under California Penal Code Section 171.5, certain citizens are exempt from liability for possessing and carrying a weapon into an airport. These are such people as:
To obtain an exemption, you must document your status. For example, an active police officer must have his or her official identification card and orders to perform specific duties related to being at the airport.
Yes, there is a possible defense in such situations. If a person did not realize they were carrying a prohibited item and had no intent to violate the law, this can be considered a lack of intent.
For example, a passenger may have accidentally left a pocket knife less than 4 inches long in the side pocket of their bag after a previous trip. If the item does not exceed the allowable length or fall under the list in 171.5(c), criminal charges may not be filed.
First and foremost, call an attorney right away. Do not attempt to explain the situation to airport officials on your own without an attorney present. Even if the charge seems false, the police or prosecutors may use anything you say against you. A qualified, specialized California criminal law attorney should be contacted immediately.
The KAASS LAW has extensive experience in protecting the rights of clients falsely accused of violating Section 171.5. Having professional legal help early on can make a big difference in the outcome of a case. It can keep the offense off your record. Contact us for a consultation and to begin protecting your rights.
There are several possible ways to defend yourself if you are wrongfully charged with violating PC 171.5. Some of them include:
Many individuals, mainly members of law enforcement, are exempt from airport gun laws. Included in this are peace officers, retired peace officers, certain military and ex-military personnel, and airport security. It is common for people to accidentally bring items in their luggage that they did not mean to bring. For example, if you accidentally left a box cutter in a small pocket, you can't face charges for violating PC 171.5. You can also defend yourself by showing that you didn’t bring the weapon into a sterile area. For example, if you were picking up a friend from the airport, and a security guard saw your weapon, you wouldn’t be guilty of violating PC 171.5 if you didn’t bring the weapon past TSA. Lastly, it is possible for the prosecution to make a mistake when classifying your items as a “weapon.” The most common example of this is for knives, which you may be bringing with you for a purpose other than use as a weapon. As long as the knife is under 4 inches, it cannot be classified as a weapon under this law section. If you face charges under California Penal Code 171.5, KAASS LAW can help protect your rights.
The two types of emergencies where looting can occur are “state emergencies,” which can only be declared by the California governor, or “local emergencies,” which can be declared by local bodies. These emergencies are declared when an adverse event happens that is so severe, that the locality or state cannot handle it without outside assistance. These can include:
Looting is a “wobbler” offense in California, meaning that it can either be a misdemeanor or felony depending on the circumstances of the crime. The type of theft you committed, the value of the items stolen, and the type/severity of the emergency will all factor into the sentencing. Petty theft looting is always a misdemeanor offense in California, and it can earn you:
Committing looting by grand theft or burglary can either be a felony or misdemeanor. If charged as a misdemeanor, it can result in:
As a felony, the punishments could be:
In addition, it is important to note that looting charges can have far-reaching consequences. For example, a conviction for looting can have a significant impact on future employment opportunities. Particularly if the occupation requires a background check or involves working for the government. Also, such a conviction can make it more difficult for you to apply for rental housing, obtain licenses, or even in immigration matters. In addition, depending on the circumstances, a looting charge may involve additional charges. Such as:
All of this will make the defendant's legal situation much more complicated. On the other hand, a competent legal defense can play a key role in reducing the severity of the consequences. A lawyer can:
Moreover, in the absence of aggravating circumstances, plea agreements are possible. In order to obtain a more lenient punishment or to transfer the case in the direction of an administrative offense. It is important to act quickly and enlist the support of an experienced lawyer. The KAASS LAW legal team is ready to provide qualified assistance in a looting case.
Some potential defenses to a violation of PC 463 include:
There are a lot of emergency situations that may require one to enter a dwelling that they should not be in. For example, a flood might force people on the street to take refuge in nearby stores and buildings. If you were entering these buildings without the intent to commit any crime, especially if you did so for your own safety, this could be a possible defense. While being mistaken for someone else is a defense to basically any crime, it is especially relevant to looting. For instance, riots are a form of emergency where widespread looting is common. Law enforcement, often overworked during states of emergency, commonly arrests people at riots and protests for crimes committed by others. If you can prove that you were not the one who committed the alleged crime, you would be innocent. Lastly, if you did steal, but not during a state of emergency, you could avoid the harsher penalties for looting that are not the same for traditional theft. Say the state of emergency was ended the day before you committed petty theft, then you would only be guilty of petty theft rather than looting. If you face looting charges, don't wait to get legal assistance. KAASS LAW has the experience to help you navigate through these complex charges and work toward a favorable outcome.
Penal Code section 148.5 PC only encompasses misdemeanors and felonies, meaning that making a report of these offenses is illegal. However, reporting an infraction would not violate this law. You must know that the misdemeanor or felony was based on false information, meaning that merely making a mistake and reporting a crime you truly thought occurred would not violate PC 148.5. The law defines a 'figure of authority' as anyone delegated by the state to accept criminal reports. This includes police officers, emergency line operators, prosecutors, a grand jury, etc. Keep in mind that the law can charge you with the crime even if you didn’t make the false report yourself. If a third party makes a criminal report, whether it actually happened or not, you could face charges for violating PC 148.5 if you made a false statement at any point during the investigation. EX: Your neighbor’s car is not at their house one day so they report it as stolen. When the police investigate, they ask you if you saw who stole it. Because you really dislike the landlord of your building, you falsely tell the police that you witnessed the landlord steal the car. You would be guilty of violating PC 148.5 because your statements are inherently reporting your landlord as the culprit even if you didn’t make the initial report.
California considers making a false report of a crime a misdemeanor offense. This means that you can spend up to 6 months in county jail, and/or pay a maximum fine of $1,000. You can expunge this crime from your criminal record upon completion of probation or a jail sentence. However, it is important to realize that being charged under PC 148.5 can have other consequences. For example, having a criminal history of false reporting can have a negative impact on a person's reputation. Moreover, such charges can make it more difficult to obtain certain licenses or participate in government assistance programs. In addition, in some cases, the court may impose additional punishment in the form of community service or special courses. This is especially true for young people facing the criminal justice system for the first time. It should be noted that even if you gave false testimony out of fear, the court can still qualify your actions as willful provision of false information. Therefore, it is important to contact an attorney as soon as possible who can assess the situation and suggest the most effective defense strategy. Finally, although many people believe that false reporting, is a "frivolous" crime, law enforcement takes such charges quite seriously. The reason is that false reports divert police resources and can lead to the unfair prosecution of innocent individuals. This is why having qualified legal support is crucial to protecting your rights. The lawyers at KAASS LAW are here to help you if you find yourself in a similar situation.
There are several common defenses to a violation of PC 148.5. They include:
Even if you gave false information in a criminal report, you must have known that your statements were false. Mistakenly giving a false statement is not a crime. The statute also specifies that you must make the false report to someone delegated by the state to accept reports of crimes. For instance, if say you made a false report to a security guard at a night club, not to an actual police officer. You would not consider this a violation of PC 148.5. Lastly, you must ensure that the crime in question was a misdemeanor or felony, meaning that minor infractions do not count. Falsely reporting a nearby car of failing to signal when changing lanes would not constitute breaking this law. This is because the traffic violation was not a misdemeanor or felony. If you are facing charges for making a false report under PC 148.5, KAASS LAW can provide legal support.
As mentioned before, the defendant must loiter in a place where people consume alcohol on the premises. One may think that the main example of a PC 303 violation is an individual under the age of 21 asking people outside of a liquor store/grocery store to buy them alcohol, however, this is not the case, given that these stores almost always do not permit drinking on the premises. Here are some examples that would constitute a crime under PC 303:
In some cases, the court may take into account mitigating circumstances. Such as:
Also important is exactly how the request to purchase alcohol was made. If someone did it in a non-intrusive manner or in a different context, it might affect the decision. In addition, the defense may cite the lack of alcohol consumption at the scene. Also the fact that the defendant did not show any intention to break the law.
Many defenses exist against allegations of violating PC 303 because people often misunderstand the crime to include more offenses than it does. Here are common defenses against loitering to solicit the purchase of alcohol:
To violate PC 303, you must loiter with the intent to engage in lewd conduct. This means that even if you blatantly solicited alcohol in a place that sells it and allows drinking on the premises, if you had a legal reason to be on the premises (meaning you weren’t loitering), you would not be violating the statute in question. Here is an example:
Other defenses include that you did not solicit the purchase of alcohol or you did so in an area that does not permit alcohol consumption on its premises. Say someone bought you a drink without you asking, and you accepted it. Even if you were loitering, you did not actually solicit the purchase of alcohol, you merely accepted the offer from someone else. Also, as previously stated, soliciting alcohol on the premises of a liquor store or supermarket would not qualify as a violation of PC 303, because these locations do not permit the consumption of alcohol on their premises. If someone accuses you of soliciting alcohol, but you did not ask for it, KAASS LAW will investigate all the circumstances. Call (844)-522-7752
Gaming is considered a misdemeanor crime in the state of California. The punishments for gaming may include up to 6 months in a county jail or a fine ranging from $100 to $1,000. Given that it is only a misdemeanor offense, a judge may choose to waive jail time and opt for probation instead.
There are quite a few legitimate defenses if you are accused of violating PC 330. Some of these are:
If you can prove that you did not participate in the game in question in a way that constitutes illegal activity, then you will successfully defend yourself against this charge. For example, say you own a club and some patrons start independently playing a game of poker. Even though it happened in your establishment, you did not collect any winnings from anyone nor permit the game to be played. This would be a legitimate defense against a gaming violation. You can also prove that the game was not prohibited, meaning that it was not a banking or percentage game. You could show that the game didn’t involve money at all, or if it did, there was no house that collected a part of the earnings. Lastly, there are a couple of exceptions to California gaming laws, most notably charitable games. Penal code section 326.5 specifies that bingo games held by certain charitable organizations are legal.
Suppose driver X drives his car on the highway at a normal rate. Suddenly he notices a pretty woman driving next to him. He accelerates the car to the dangerous speed to make an impression on her.
In addition to the potential for fine and jail time, a speeding charge can have other serious consequences. For instance, the court has the authority to suspend or restrict a driver's license for a specified duration. Furthermore, it should be noted that a misdemeanor of this nature is documented in the offender's history, which can have implications for the cost of automobile insurance. Many insurance companies consider drivers with such infractions to be high-risk, which can result in significantly higher insurance premiums. If the driver endangered other road users at the time of the offense, this can be considered an aggravating factor. In such cases, the court may impose a stiffer penalty or require the driver to take a safe driving course.
In some cases, a driver may be accused of demonstrating speed unfairly. For instance, if he were to accelerate sharply to avoid a dangerous situation on the road. Similarly, when another person drives aggressively and forces a driver to speed up, the driver may have grounds to file a claim. In such cases, the defense can argue that the defendant took action to ensure safety.
Even if you believe the incident was minor, it is important to note that a Section 23109(c) charge can have implications for your driver's license. KAASS LAW attorneys are equipped to assist you in evaluating your case, gathering evidence, building a defense, and protecting your rights in court.
Dependent upon the severity of an offense and circumstances of the case, the punishment varies. In particular, the exhibition of speed leads to one of the following penalties
As the perpetrator, the abettor of this offense is also subject to liability.
To convict a person for this crime, the prosecution must successfully prove all the elements discussed above. In this sense, the position of the defense is much more favorable, since the offense includes a special purpose- to show off or to make an impression on someone else. So in the concrete case, the legal question is- whether the offender has acted with that purpose in mind or not? In practice, weighty facts and arguments are necessary to prove the presence of a particular purpose. The defense may easily challenge the latter. Although the burden of proof is not on the defense, but they may argue that the offender was not trying to boast or impress someone, but was rushing to the hospital or hurrying up to the work, for example. KAASS LAW can help if you're facing charges related to the exhibition of speed in California. Call (844)-522-7752 to speak with our attorney.
Filing a lawsuit against government agencies is a process that requires special preparation and precise adherence to deadlines. Even a minor mistake in the paperwork or a missed filing deadline can result in an automatic dismissal of the claim. It is important to note that victims are often unaware that six months is the deadline for filing a claim. After this period, the opportunity to file a claim is completely lost. Government agencies generally possess robust legal defenses. In certain situations, they can invoke "immunity" from liability. This means that they can argue that they are not obliged to compensate for damages.
The most common incidents include: 1. Slips 2. Falls on uneven sidewalks 3. Injuries in poorly lit parks 4. Accidents on unmaintained stairs in courtyards of state buildings
There are also incidents of falling tree branches in public parks and accidents on unimproved roads.
To pursue compensation, it is essential to gather all the evidence you can. For example: 1. Photographs of the accident scene are required. 2. Eyewitness testimonies 3. Medical documents proving the seriousness of your injuries 4. Evidence that the government agency knew of the danger and failed to take action
Before the California Tort Claims Act and Federal Tort Claims Act, it was very difficult to sue the government for any premises liability related issues. These laws established guidelines that allowed people to gain compensation for injuries that occurred on government property. They are very similar to those of a private premises liability cases. The CTCA outlines the elements as follows:
First important step. First of all, it is important to seek medical attention right away, even if the injury does not appear serious. This is necessary for your health and to document the fact that you have been injured. In addition, you should document the scene of the accident with a photo or video: 1. condition of the sidewalk 2. lack of warning signs 3. puddles 4. debris or any other unsafe conditions. This video or photo will serve as evidence.
Second important step. Timely notification of the incident to the government agency. According to the California Tort Claims Act, you must file a written notice within 6 months of the incident. In other words, missing this deadline could completely disqualify you from compensation. In addition, keep in mind that the government may deny your claim on technical grounds. for example: 1. the accident is not accurately described 2. lack of necessary documents Therefore, it is extremely important to contact a lawyer who will help you prepare a competent claim. Unlike private claims, where you file a complaint in court, cases involving public property first go through the administrative stage. Therefore, patience and accuracy in this procedure play an important role. Even if the insurance company rejected your claim, you can still take the case to court.
However, this is only possible after following all the steps of procedures. The KAASS LAW team will guide you through the process step by step. We understand how difficult it can be to deal with the aftermath of an injury, and we are ready to protect your interests. Contact us, a consultation may be the first step to getting justice.
The main difference in filing a CTCA claim vs. a private claim is that the statute of limitations (amount of time one has to file the claim after the injury) is much shorter. Premises liability claims on private property are typically 2 years, though they can sometimes be longer. In contrast, a CTCA claim requires one to file the claim no later than 6 months after the accident occurred. After filing a CTCA claim, the government has 45 days to respond, in which they can reject the claim, accept the offer in full, or compromise with the plaintiff in the form of a settlement. They also have the option to reject the claim based on a violation of the time constraints for claims or for a lack of information included in the claim.
The process of initiating legal action against government agencies necessitates a comprehensive understanding of specialized legal principles. At KAASS LAW our attorneys possess the necessary experience to assist you in properly filing a claim and gathering evidence.
Yes, a public intoxication charge can affect your criminal record. Even though it is only a misdemeanor, information about it may come up in an employer or landlord's background check. This could affect:
In some cases, having even one conviction can be perceived as a risk. Particularly if the profession requires a high degree of trust.
Yes, if the intoxicated behavior led to other offenses. Such as:
In these cases, the penalties may be harsher and will include longer jail time or large fines.
Definitely yes. Even if the charge seems minor, an attorney can help avoid a criminal record or reduce the risk of consequences. KAASS LAW firm is available for consultation and defense.
A “public place” does not just refer to publicly owned property, such as a road. This definition includes all places that anyone can gain access to, even if it is private property. In addition to parks, sidewalks, and roads, being intoxicated in a mall, restaurant, or club could lead to a charge. Even in places that are permitted to sell alcohol, one can become intoxicated enough to be arrested for public intoxication. Lastly, even your own property can be classified as public in some instances where it is easily visible to others. Some examples of this would be one’s car parked in a parking lot or even one’s own front yard in some cases. The third requirement of PC 647f makes it clear that being under the influence in public alone is not a crime. One requirement of being convicted for public intoxication is that a person must be so intoxicated that they cannot take care of themselves. They must also be unable to care for others. Additionally, the person must interfere or block a public entity.
Public intoxication is classified as a misdemeanor in California and is punishable by up to 6 months in county jail and/or a fine up to $1000. In many cases, the court can substitute jail time with other alternatives, such as probation with mandatory rehabilitation or community service. Penal Code section 647g authorizes a police officer or other peace officer to place someone in violation of public intoxication laws in civil protective custody (drunk tank) until it is safe and reasonable for the defendant to leave.
Involuntary intoxication is one potential defense. If someone forcefully or unknowingly received substances that led to intoxication, this would disqualify them from facing charges for public intoxication. Some examples include:
One can also defend themselves by trying to establish that they were not in a public place at the time of intoxication. This is a very grey area with different rules depending on the state you live in. If authorities charged you with public intoxication on your property or a friend's property, you may want to consider this defense Lastly, you can establish that your intoxication was not extreme enough to have warranted a violation of public intoxication laws. Being under the influence in public or being 'buzzed' does not count as a crime. You can prove that you were not intoxicated to the point where you couldn't care for yourself or others. If you can show that you did not obstruct sidewalks, roads, or other public areas, authorities cannot charge you. Are you in need of additional information regarding public intoxication laws in California? Feel free to give KAASS Law a call anytime at (310) 943-1171 in order to speak with our legal team.
In other words, we may speak of gross vehicular homicide when the driver being under the influence of alcohol or drugs has killed another person without an intent to kill, but the driver has manifested gross recklessness in that situation.
Suppose driver X drives under the influence of alcohol. He tries to make a drift in the motorway. Suddenly the vehicle goes out of his control and flips over. As a result of the accident a passenger dies.
The penalty for gross vehicular manslaughter leads to both criminal and administrative punishment.
For the conviction of an accused under this crime, the prosecutor has to prove all the circumstances mentioned above. Exhibits and expert conclusions can prove points 1 to 4, but point 5 involves a subjective evaluation. So the tactic of legal defense may be constructed over this factor- whether the accused acted negligently? If yes, whether the negligence was gross or not.
It is important to distinguish between vehicular homicide and aggravated vehicular homicide. As a simple example, if a person accidentally hits a pedestrian because he or she didn't see a stop sign, that is classified as vehicular manslaughter. But if a person drives drunk, at a high rate of speed, and breaks the rules for fun - that's PC §191.5. Some cases involving deaths caused by a drunk driver can be classified as Watson murder - that's second-degree murder. The main difference is intent or deliberate disregard of the risk of death. If a driver has already been charged with DUI and has been educated about the risks, a second DUI may result in a Watson murder charge. In such cases, the court finds that the defendant intentionally disregarded the risk of death.
The court looks at many factors:
In addition, if the defendant stayed at the scene of the accident, summoned help and actively assisted the investigation - this may be considered as a mitigating factor.
While the main penalty is imprisonment for 4, 6 or 10 years, there are other consequences:
It's also worth keeping in mind that penalties can be increased for repeat offenses.
Attorneys can use several strategies: - Challenging the presence of gross negligence - Challenging the level of intoxication - Pointing to other causes of the accident - Insufficient evidence of causation A PC §191.5 charge is an extremely serious offense that requires a skilled legal defense. If you or a loved one has been in this situation, it is crucial that you don't waste any time! Contact KAASS LAW.
Black’s Law Dictionary defines the legal concept of ‘gross negligence’ as a “lack of slight diligence or care.” Thus in every concrete case question is whether the slight amount of diligence or care was sufficient in the given situation to prevent the accident. If the required diligence or care was beyond slight, then it amounts to another felony (vehicular manslaughter) leading to a relatively lenient penalty. Facing charges for intoxication manslaughter? KAASS LAW will analyze your case thoroughly and offer the necessary expertise. Call (844)-522-7752 to speak with our experienced attorney.