According to California Penal Code Section 602 trespassing is entering or remaining on the property of another person without a right or permission to do so.
There are various types of trespassing under California law and each of them has specific elements of the crime, but here are some basic elements that are common for most forms of California trespass. So, prosecutor must be able to establish the following element in order to prove that a defendant is guilty of trespassing:
If a person can prove that he initially had the owner’s consent to enter the property you he won’t be considered guilty under the California Penal Code Section 602.
In order to convicted for the type of trespass that includes occupying another person’s property the defendant must in some way deprive the owner of the use or enjoyment his property for a continuous period of time. If defendant can show that his presence on the property did not affect the owner’s right to use or enjoy the property, he can’t be guilty of this type of trespass.
If you are charged for the type of trespass that involves interfering or obstructing on the property such as business activity then you must have actually interfered with or obstructed that business. If you didn't do so you can’t be convicted of criminal trespass.
In California criminal trespassing charges can be filed as infractions, misdemeanors, or felonies. The following are penalties for California trespass.
The trespass is charged as an infraction in case the defendant willfully entered another person’s land and fence enclosed the land, or a “no trespassing” signs were hung at intervals of no less than three to a mile.
The penalties for California trespass penalties charged as an infraction can include:
The majority of trespass cases are charged as misdemeanors and penalties can include:
California aggravated trespass occurs when the defendant makes credible threat to physically injure a person and then within 30 days of the threat actually enters that person’s property to seemingly carry out that threat. In California law aggravated trespass is considered a wobbler and it can be charged as either a misdemeanor or a felony, depending on specific circumstances of the offense.
California felony trespass penalties include the following:
For answers to any other questions you may still have about California Penal Code 602 PC Trespassing charges or to discuss your case confidentially with our team of experienced California criminal defense attorneys.
Give KAASS Law a call at (310) 943-1171. Our law firm is highly dedicated to serving the needs of our clients.
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Under California Vandalism Penal Code Section 594(a) it is prohibited to maliciously deface, damage, or destroy someone else's property.
In order to prove the commitment of vandalism, a prosecutor must prove the following elements:
California Penal Code Section 594 applies both to public and personal property that you own jointly with someone else. So you are not allowed to damage, destroy or deface public property, property owned by another individual or even property that you own jointly with another person.
There are many types of vandalism in California, but the most common are: graffiti (any unauthorized drawing or writing on property with any kind of tool), slashing tires or damaging car paint, damaging mailboxes, breaking windows, damaging telephone wires or other public works equipment.
California Penal Code Sections 451 and 452 address the crime of arson. It is illegal to willfully, maliciously or recklessly burn a property, forest, a piece of land or a structure, or to assist another in committing the same act. A person can also be charged with arson if he set fire at own property in an attempt to commit insurance fraud.
The prosecutor must prove the following element to charge a person under California Penal Code Section 451 “malicious arson”
The prosecutor must prove the following element to charge a person under California Penal Code Section 451 “reckless arson”
According California Penal Code Section 647(a) it is prohibited to engage or solicit another person to engage in lewd or dissolute conduct in any public place or in a place open to the public or exposed to the public view.
To prove that the defendant is guilty of engaging in lewd conduct, a prosecutor must prove following elements:
One of the most frequently-charged drug crimes is possession of a controlled substance, under California Health and Safety Code 11350 Possession of a Controlled Substance. It is prohibited possessing certain controlled substances without a valid prescription. Controlled substance is a chemical or a drug whose possession, manufacture, and use are regulated by the United States "Controlled Substances Act".
Unlike Health and safety code 11365 which governs unlawful use of controlled substance, In order to being convicted of Health and Safety Code Section 11350 Possession of a Controlled Substance, the following elements must be established:
California Penal Code Section 550(a) covers and defines healthcare fraud, which sometimes is also referred to as health insurance fraud and medical billing fraud. Healthcare fraud is submission of false claims or disinformation of healthcare insurers about care or services that may or may not have been provided. Penal Code Section 550(a) lists a range of unlawful conduct and here are some examples that could lead to California health care fraud charges:
Under California Penal Code 186.10 money laundering is a financial crime referring to transactions intended to promote or facilitate criminal activities, or transactions knowingly made with proceeds from criminal activity.
To prove money laundering under Penal Code 186.10 the prosecutor must prove the following elements:
Money laundering is the act of using stolen funds to conduct a transaction through a bank or some other financial institution. California law lists the types of activities which can qualify as transactions, those are: withdrawals, bank deposits, wire transfers, fund transfers, payments, and other financial activities. Attempts to conduct business can also qualify as money laundering even if the transaction isn’t finished. In case the funds are used for making purchase or for any other reason, they won’t be considered to have been laundered under California law.
According to California Penal Code Section 459, burglary is the act of entering into a residential or commercial structure with the intent to commit either a theft crime or felony.
To be convicted of burglary the prosecution must prove the following elements:
California burglary law also differentiates between two forms of burglary charges which are categorized as first-degree burglary and second-degree burglary.
California first-degree burglary is burglary of a residence. A “residence” can be any of the following: inhabited house, a room within an inhabited house, inhabited floating home, inhabited hotel or motel room, inhabited trailer coach, inhabited floating home. Residence will still be considered inhabited even if the occupants left it because of a natural disaster or other type of disaster.
California Penal Code Section 503 defines embezzlement as fraudulent appropriation of property by a person to whom it has been entrusted. To commit a person in the embezzlement the prosecutor must be able to prove each of the following elements:
Embezzlement can only be proved if there is an actual evidence of trust or confidence between two parties. To “entrust” means to give a legal power to access or control the property. When a person abuses a position of trust and take or use a property which doesn’t belong to him his action are considered fraudulent. There must be a clear intent to deprive the property’s true owner of its use. This deprivation does not need to be lasting. Merely preventing the owner of the property from using or enjoying his property even for short period of time is considered enough to satisfy the intent element of embezzlement. Restoring the embezzled property will not protect you from punishment, but restoring property may help to decrease the harshness of the sentence.
California Penal Code Section 242 (PC-242) outlines the crime of battery as "any intentional and unlawful use of force or violence upon the person of another."
The following elements must be established in order to prove a charge of battery:
Battery is often discussed in connection with the criminal offense of assault. Although battery and assault are considered two completely different offenses.
Assault is described in Penal Code Section 240 as an action that may impose physical harm or unwanted touching on someone else. While, on the other hand, pursuant to Penal Code 242 battery is the actual infliction of force or violence on someone else.
In case of assault, any actual physical contact is not necessary to be present, whereas a battery cannot be accomplished without a touching of the victim. A person can be charged with battery even if no injury or pain is caused to the victim. The slightest touch is enough for a battery charge if it is done in an annoying, disrespectful or rude manner.
California Penal Code section 594 requires that defendant “maliciously” commit vandalism. If the action was unintentional, accidental or negligent it serves as a valid legal defense.
In case defendant actually owned the damaged, destroyed or defaced property he should not be found guilty or charged with the offense.
In case the “victim” gave his permission to damage or destroy the property, then defendant did not commit the crime of vandalism.
In case the value of the defaced, damaged, or destroyed property is less than $400, defendant can only be charged with misdemeanor vandalism. If the value of property is $400 or more, then vandalism becomes a wobbler and the defendant can be charged with either a felony or a misdemeanor.
Vandalism crimes are generally eligible for a probation sentence.
Probation terms can include restraining orders, repayment of the damaged property, community service, required counseling. Felony probation requires the defendant to check in with a probation officer, whereas misdemeanor probation does not require the supervision of a probation officer.
If the value of the vandalized and or damaged property is less than $400 the penalties for misdemeanor vandalism under penal code 594 is as follows:
If the value of the vandalized and or damaged property is more than $400 the penalties for misdemeanor vandalism under penal code 594 is as follows:
Penalties for felony vandalism under penal code 594 are as follows:
Defendant’s driver’s License can be suspended up to 2 years. In case the defendant has no license at the time, the Court can suspend the issuance of the license for up to three years.
For answers to any other questions you may still have about California Penal Code 594 or to discuss your case confidentially with our team of experienced California criminal defense attorneys.
Give give us a call at (310) 943-1171. Our lawyers in Glendale, Los Angeles County, CA, are highly dedicated to serving the needs of our clients.
The term “structure” includes not only inhabited or uninhabitable residence but also tunnels, bridges, tents and power. The term “property” includes any personal property of another person like furniture, vehicle, clothing etc.
The fire was an accident
If a person can prove that the fire started accidentally, was absolutely an unintended and went out of control, he won’t be considered guilty of these crimes. There are situation when a person unintentionally created high risk of a fire, but was unaware of the risk because was impaired or voluntarily intoxicated (was drunk or on drugs as a result of his own actions). Though the person was incapable of understanding or appreciating the risk that will not serve as a defense to California Penal Code Section reckless burning charge.
Lack of Sufficient Evidence
Most arson cases are built with only on circumstantial evidence, with no witnesses. The physical evidence does not show the person started a fire, this make the prosecutor’s case very difficult to prove.
The fire was not the reason of arson
Before a person can be convicted of arson, the prosecution needs to prove that arson even took place. Arson is a crime which requires very sophisticated technical investigation.
Penalties for California arson charges vary a great deal, depending on: the nature of the burned property, the defendant's criminal history and whether someone was injured as a result of the fire.
Under PC 451 malicious arson is always a felony, punishable by imprisonment in the California state prison. The potential prison terms are:
The defendant can face an additional fine up to $50,000 or twice the amount of expected financial gain from the fire.
In California it is not illegal to engage in a sexual activity in public. It's only considered unlawful in case person knew or reasonably should have known of the presence of another one who was likely to be offended.
The term “public” is broadly interpreted in lewd conduct cases. It can be a place open to the public such as a vehicle parked by the road, a hallway in an apartment building, shopping malls, adult book stores, public bathrooms. Locations like home, hotel room, place of business are not considered public places. But there can still be a violation of Penal Code 647(a) in case a person can be seen through an open window or door with no blinds or curtains.
Defendant didn't do anything lewd or dissolute
In case the defendant did not touch himself or another person in a way that can be considered as lewd or dissolute act then he is not considered guilty. The prosecutor has the burden of prove that the defendant was engaged in lewd conduct.
Defendant had a reasonable belief that no one was present
This crime requires that person intentionally expose himself in a public place where other people were in plain view or in an area where people usually gather. Unless defendant knew that someone would likely see him and be offended, he won’t be considered guilty Under Penal Code 647(a).
Conduct Was Not In A Public Place
In case the sexual activity took place on private property or an area where the public is not invited then it is not considered a lewd conduct.
Under California PC Section 647(a) engaging in or soliciting another to engage in lewd conduct is a misdemeanor offense, and the penalties are the following:
However, judges usually place first time offenders on probation with little or no jail time. A misdemeanor conviction carries an informal or summary probation for three years. A conviction for lewd conduct in public does not require defendant to register as a sex offender.
For answers to any other questions you may still have about California Penal Code 647(a) or to discuss your case confidentially with our team of experienced California criminal defense attorneys, give us a call at (310) 943-1171. Our lawyers in Glendale, Los Angeles County, CA, are highly dedicated to serving the needs of our clients.
According to California Health and Safety Code a "controlled substance" can include a wide range of drugs, including, but not limited to stimulants, hallucinogens, depressants, opiates, cocaine, heroin, methamphetamine, PCP.
There are three types of controlled substance possession: actual possession, constructive possession and joint possession. Actual possession of a controlled substance means having drugs on person with immediate or direct physical control over it. Constructive possession means not having drugs on person but having the authority to control the possession of drugs. This means that the defendant does not need to be caught with drugs in his direct possession in order to be charged under HS 11350(a). Having joint possession means sharing actual or constructive possession with at least one other person.
The defendant is excused from violation of Health and Safety Code 11350 as long as he held valid prescription for the drug and the possession was consistent with the purpose of the prescription. A legal written prescription is given form physician, dentist, podiatrist, or veterinarian licensed to practice in state. This defense won’t apply if the defendant possessed a fraudulent prescription for the drug or was found in possession of more drugs than was prescribed.
Temporary possession will serve as a legal defense in case the defendant possessed the drugs with the aim to dispose or destroy them for terminating its unlawful possession. This defense won’t absolve the defendant from criminal culpability in case he exercise control over the drug but willingly dispose it.
Health & Safety Code section 11350 specifically punishes for the possession of something illegal. Therefore, in case the defendant did not actually or constructively possess the controlled substance then he can't be committed in violation under the essence of this law.
According to Health & Safety Code section 11350 the defendant must be aware of the presence of controlled substance and knew its nature or character as a controlled substance. Therefore, knowledge is an essential part of this crime. In case the defendant wasn’t aware that the possessed drugs were illegal, he must be acquitted of illegal possession
Possession of controlled substances under Health and Safety Code 11350 is misdemeanor. Penalties for conviction are the following:
If the defendant has prior convictions for especially serious felonies, gross vehicular manslaughter while intoxicated, sex crimes against a child under 14, or sexually violent offenses he will face felony penalties such as sixteen months, two or three 3years in prison. Additionally, in case the defendant is not a citizen of the United States, a conviction for possession of illegal drugs can lead to deportation, denial of reentry and denial of naturalization.
For answers to any other questions you may still have about California Health and Safety Code 11350, about being present while controlled substances are used, or to discuss your case confidentially with our team of experienced California criminal defense attorneys, give us a call at (310) 943-1171. Our lawyers in Glendale, Los Angeles County, CA, are highly dedicated to serving the needs of our clients.
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To convict a person in health care fraud, the prosecutor has to do prove his engagement in one of the unlawful behaviors described in Penal Code Section 550(a) and also two additional elements of the crime.
These types of crimes are usually committed by health care providers including chiropractors, physical therapists, nurses, nurse practitioners, dentists, and administrators. If convicted of health care fraud, professional licenses can be suspended or revoked.
In California penalties for health care fraud depend on the amount of the fraudulent claim. Health care fraud claims of $950 or less. In case the claim is $950 or less then the health care fraud is a misdemeanor.
Penalties for misdemeanor medical and or health care fraud depend on the amount of the fraudulent claim, but may include the following:
In case the fraud was more than $950, then the crime of health care fraud is considered a wobbler. The defendant can be charged with either a misdemeanor or a felony conviction. Penalties for a misdemeanor conviction are:
Penalties for felony medical and or health care fraud include the following:
In case the charges involve more than one claim, then the key question is whether all the claims add up to more than $950 in twelve months period.
Hire the most dedicated California medical fraud defense lawyer to help defend and fight your Penal Code 186.10 charges. Our attorneys at KAASS LAW are highly dedicated to help our clients in every way possible. You can rely on our experienced lawyers in Glendale, Los Angeles, California, to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced Glendale criminal battery attorney today. Get in touch with us at KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171 at any time.
In California there are two specific laws that relate to money laundering: California Penal Code Section 186.10 and California Health and Safety Code Section 11370.9. Penal Code Section 186.10 deals with money that is related to any type of criminal activity, California Health & Safety Code covers money earned from drug crimes.
In order to be convicted of Health & Safety Code Section 11370.9 money laundering in connection with drug crimes, the prosecutor needs to prove the following elements:
In contrast Health & Safety Code doesn’t require the money to pass through a bank or other financial institution. A person can be charged with money laundering of drug proceeds even if the money was never converted from cash.
In California law both forms of money laundering are considered wobblers. Penalties for misdemeanor money laundering include:
Penalties for felony money laundering under Penal Code 186.10 include:
Penalties for felony Health & Safety Code 11370.9 criminal charges include:
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Hire the most dedicated California money laundering defense lawyer to help defend and fight your Penal Code 186.10 charges. Our attorneys at KAASS LAW are highly dedicated to help our clients in every way possible. You can rely on our experienced lawyers in Glendale, Los Angeles, California, to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced Glendale criminal battery attorney today. Get in touch with us at KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171 at any time.
California second-degree burglary occurs when if the burglary involved a commercial break in and other type of structure including stores and businesses.
Lack of Intent is a legal defense to Penal Code 459 Burglary If the defendant did not have intent to commit a theft or a felony at the time of entering the structure, he can’t be found guilty of burglary.
Factual innocence is also a legal defense to California burglary charge and occurs when an innocent defendant is accused for a charge which may include the following:
In California, first-degree burglary or residential burglary is always considered a felony. The punishment for first-degree burglary can include:
Under Penal Code Section 459 second-degree or commercial burglary is considered a wobbler. Conviction for commercial burglary carries a less harsh penalty than a conviction for first degree burglary. Depending on specific circumstances and the defendant’s criminal history this type of burglary can be charged as either a felony or a misdemeanor. Penalties for second-degree felony burglary are:
Hire the most dedicated Glendale criminal defense lawyer to the legal services you require! Our attorneys at KAASS LAW are highly dedicated to help our clients in every way possible. You can rely on our experienced lawyers in Glendale, Los Angeles, California, to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced Glendale criminal battery attorney today. Get in touch with us at KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171 at any time!
Embezzlement most commonly occurs in cases in connection with business, because most cases involve an employee/employer relationship. That’s why embezzlement is also called employee theft or employee fraud. Typically embezzlement involves theft which can be both grand and petty theft. However, embezzlement can also be connected to other crimes like forgery, burglary, receiving stolen property.
Defendant had a good faith belief to entitlement: Under California Penal Code 503 you might be exonerated if you had a reasonable belief that you had a right to the property you took. You have to show that:
Lack of criminal intent: Embezzlement, like all theft crimes, requires “specific intent,” so if you took property accidentally or then this defense can apply.
False accusation:False accusations are mostly common in embezzlement cases, because the injured party is almost always someone who had a preexisting business or personal relationship with the defendant.
Since California embezzlement is categorized as a theft crime, you will be faces penalties either charged under grand theft or petty theft depending on the type and value of the embezzled property. When the value of stolen property is less than $950 embezzlement is considered a form of petty theft and when the value is $950 or above embezzlement is a form of grand theft.
You will face the penalties for grand theft embezzlement if the:
In most cases grand theft embezzlement is a wobbler offense in California, thus it may be charged as either a misdemeanor or a felony. Cases involving firearms always carry felony penalties.
Penalties for misdemeanor grand theft embezzlement in California include:
Penalties for felony grand theft embezzlement in California include:
California Penal Code provides sentence enhancement in case grand theft embezzlement includes particularly large sums of money.
In California law petty theft embezzlement is a misdemeanor offense, punishable by:
Hire the most dedicated California embezzlement defense lawyer to the legal services you require! Our attorneys at KAASS LAW are highly dedicated to help our clients in every way possible. You can rely on our experienced lawyers in Glendale, Los Angeles, California, to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced Glendale criminal battery attorney today. Get in touch with us at KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171at any time!
You acted in self-defense or defense of another person: You cannot be convicted of battery in case you reasonably thought that you or someone else was in danger of bodily injury or death and you reasonably used force to defend against that danger.
You did not act willfully or intentionally when committing the harmful touching: You cannot be found guilty of the offense, if the battery was the result of an accident or the outcome of events.
Under California PC 242 simple battery is prosecuted as a misdemeanor.
The potential penalties for a criminal battery conviction include:
Battery causing serious bodily injury under Penal Code Section 243(d)
A defendant can be charged under California Penal Code section 243(d) if the victim of a battery suffers serious bodily injury. Battery under this section is also known as “aggravated battery.” A serious bodily injury is any serious impairment of physical condition. Aggravated battery in California law is considered a wobbler and it may be charged as either a felony or a misdemeanor, depending on the specific circumstances of criminal offense.
If convicted of a misdemeanor charge for this offense you can face up to one year in a California county jail. If it is charged as a felony you can face two, three, or four years in a California state prison.
In case the victim of a battery is a family or household member you can be charged with domestic battery. Under Penal Code section 243(e)(1) you are considered guilty of domestic battery if alleged victim is a:
Domestic battery is considered a misdemeanor and is punishable by up to one year in a California county jail and/or a fine of up to $2,000.
According to California Penal Code Section 187 the defendant faces 25-years-to-life in the California State Prison for a first-degree murder. In case the conviction is based on a “hate crime,” the defendant faces life in prison without any possibility of parole or early release. Factors that can lead to a conviction for a hate crime murder include the victim's race, sexual orientation, disability, or nationality.
Hire the most dedicated Glendale criminal defense lawyer to the legal services you require! Our attorneys at KAASS LAW are highly dedicated to help our clients in every way possible. You can rely on us to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced Glendale criminal battery attorney today. Get in touch with us at KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171 at any time!