According to 18 USC 2422 and 2423, it is unlawful to engage in sexual activity and conduct with minors.
The prosecution must establish the following elements for convicting the defendant under 18 USC Sections 2422 and 2423
Under federal law illegal or illicit sexual conduct includes the following:
Under federal law, a minor is any person under the age of 18. There are some exceptions to the definition of a minor, where the minor is a person under the age of 16.
Any person can be an offender. The law does not limit the offender to one person. Anyone who intentionally and knowingly assists in coercion, transportation, or sexual activity can face prosecution.
Depending on the case circumstances federal solicitation of a minor can be charged as either a misdemeanor or a felony. In case the defendant is convicted of using internet, mail, or any other form of interstate or international communication to solicit or attempt to solicit of a minor with the intention to engage in illegal sexual activity, or he successfully transported the child for the illegal sexual activity, he can face:
According to 18 Section 2423, the defendant is charged with traveling to another state, coming to the US, or traveling internationally and engaging in unlawful sexual activity with a person under 18, he will face:
Additionally, punishment for any federal sex crime is usually accompanied by an obligation to join the national sex registry. The registry compiles the information of sex offenders across all states and can have a severe impact on offender’s ability to find employment and keep a residence. The offender must register as a sex offender for 15 years, 25 years, or for life. Failing to register can result in a separate criminal charge, carrying up to 10 years in federal prison and significant fines.
After serving their sentence, most individuals are subject to federal supervision for a period ranging from 5 years to life. Violation of these conditions will result in a second prosecution. Supervision may include:
The court may order a mandatory forensic psychological evaluation. If it is determined that the defendant is prone to reoffending, compulsory treatment is possible. Authorities carry out the process both in places of detention and after release. These measures aim to minimize the risk
The law requires any person convicted of a qualifying sex offense to register in the national sex offender registry and to keep their information updated as mandated by legal authorities. Failure to register is punishable as a separate offense. The term of registration is 15, 25 years or life. However, failure to register is punishable by up to 10 years in prison.
KAASS LAW provides legal assistance at all stages. Contact us for an evaluation of your situation.
California Penal Code Section 286(a) defines sodomy as sexual conduct involving contact between one person’s penis and another person’s anus. Any sexual penetration, no matter how slight, qualifies as sodomy.
To find the defendant guilty under Penal Code Section 286(a) for sodomy, the prosecution must prove the following elements:
Anyone can easily imagine that the law prohibits the circulation of alcoholic beverages on the grounds of a school or any public educational institution. However, several questions can arise in connection with such circulation. Particularly whether it is legal if you take beer to a school football match, to the stadium of the school, but hide it in a thermos for coffee. It is unclear whether it's lawful to bring beer to a college basketball match at a city stadium instead of the college's stadium. Additionally, questions arise about the legality of serving alcohol during a charity dinner at a college. To find answers to such questions, let's examine California Business Professional Code, section 25608.
Business and Professional Code section 25608 makes it a misdemeanor to possess, consume, or deliver alcohol at public schools. Therefore, bringing beer to a school football match, even in a thermos, is illegal. Several exceptions to the general rule allow the actions mentioned above on public school grounds or in a schoolhouse.
A bump stock is a modification to a firearm that manipulates the stock, trigger and grip on a semi-automatic rifle, using recoil to manipulate the trigger to fire at an accelerated rate of speed when held.
Bump stocks legally define as a “multiburst trigger activator” and can be one of two things:
This device replaces the stock on the firearm with a “reciprocating stock” that stays planted against your shoulder and firmly holding the barrel, the recoil of the firearm moves the trigger back and forth against the weight of your finger, mimicking the automatic rate of fire. Bump stocks were the famous modification used during the Las Vegas strip shooting in 2017. Penal Code 32900 forbids the use of “multiburst trigger activators” in California. California can prosecute possession of any accessory that increases the rate of fire for semi-automatic rifles as a misdemeanor or felony. What happens if you get caught with a bump stock in California? Despite the fact that bump stocks are banned by California state law, there are still detections of such devices in the possession of citizens. It is important to understand how the law works in these situations. Also important to know the consequences of possessing a bump stock. It is not uncommon for law enforcement to find such devices during a search. Or during an inspection related to other violations. However, even if a bump stock is found accidentally, the charges can be extremely serious.
Street racing of any kind is forbidden on California public roadways. Offenses include street racing, drag racing and speed contests. Violation of these rules allows for the offenses to be punished under Vehicle Code 23109, Vehicle Code 23103 and Penal Code 187.
California Vehicle Code 23109: Speed Contest
Violation of California Vehicle Code 23109 will result in a misdemeanor charge. This will then lead to a jail time of 24 hours to 90 days; then fines ranging between $350 and $1000. The penalties will increase as the number of repeated convictions increases. If a violation of VC 23109 results in serious bodily injury, it may be charged as a felony. A prosecutor must prove that the accused motorist was operating a motor vehicle on a public roadway while willfully engaging in a contest of speed.
Under California Health and Safety Code 120290, it is violation of the law to purposefully transmit an infectious disease to another person. We can define this in the following scenarios:
Offenses can include knowingly passing a sexually transmitted disease to a partner or even sharing needles infected with HIV.
In California, firework laws divide fireworks into two categories and an exempt category. The categories are “dangerous fireworks” and “safe and sane” fireworks. Specifically, a 'dangerous' firework includes items like rockets and sparklers longer than ten inches or wider than one-quarter inch in diameter. Conversely, a 'safe and sane' firework includes ones like fountains, spinners, noise makers, etc...
Under Health and Safety Code 12505, dangerous fireworks must be used by someone with a license to do so. Dangerous fireworks contain: arsenic sulfide, chlorates, magnesium, phosphorus, zirconium and many other chemicals. Similarly, exempt fireworks also require a special license to use in California. To clarify, exempt fireworks are those used for industrial, commercial, agricultural, or religious purposes. Under Health and Safety Code 12529 these are fireworks that comply with California law and local fire department restrictions. These types of fireworks must be sold at a designated place of business by a person with a retail sales license between the dates of June 28th Noon until Noon of July 6th each year. In contrast, the only items that can be sold year round are 'party poppers' and 'snap caps.
California Penal Code section 347 (a)(1) states. “Every person who willfully mingles any poison or harmful substance with any food, drink, medicine, or pharmaceutical product or who willfully places any poison or harmful substance in any spring, well, reservoir, or public water supply, where the person knows or should have known that the same would be taken by any human being to his or her injury, is guilty of a felony punishable by imprisonment in the state prison for two, four, or five years.”
There are 2 elements that make up the crime of poisoning in California. They require that the defendant:
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:
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:
The penalties for a sodomy conviction under Penal Code Sections 286(b)(1), 286(e), and 286(h) are wobblers. The court may charge the defendant with either a misdemeanor or a felony, depending on the case circumstances and the defendant’s criminal history.
The penalties for a misdemeanor sodomy conviction include:
The penalties for a felony sodomy conviction include:
Penalties for a felony California Penal Code Section 286(b)(2) conviction include:
Penalties for a felony California Penal Code Section 286(d) conviction include:
All remaining convictions under California PC Section 286 carry the following penalties:
Facing charges under California Penal Code 286? Contact KAASS LAW at (310) 943-1171 for a free consultation and case review. Our staff speaks Spanish, Armenian, Russian, and French.
The list of exceptions defined in the corresponding section of the California Business & Professional Code is quite many. However, we can try to divide them into some groups.
Alcohol serves educational purposes in viticulture studies, enology studies, and similar programs.
The law allows alcohol delivery during an event or ceremony on school grounds when no students are attending classes. Therefore, serving alcohol at a charity lunch for outside guests or consuming alcohol during a non-school football match at the school stadium is permitted by law.
Another exception is possessing alcohol at events held outside the educational institution's grounds. For example, if you attend a college basketball game at a city stadium, you can bring a bottle of beer without needing to hide it in a coffee thermos. Another exception involves school property leased to an organization not using it for educational purposes. In this case, the law permits individuals to possess and consume alcohol, and to engage in activities outlined in Section 25608, but only within that specific portion of the property.
In case one “possesses, consumes, sells, gives, delivers” alcohol in a public educational institution or on its grounds shall be punished by up to 6 months in a jail or a fine up to 1000$.
Thus, we already understand that there are some exceptions from the law when alcoholic beverages are legal in the territory of the schoolhouse. If your situation falls under these exceptions, you won't face punishment for committing a misdemeanor. Another defense is proving the search was unlawful, such as without a court order.
In California, Business and Professions Code Section 25608 prohibits the possession and consumption of alcohol on public school property. However, there are exceptions that are very important to consider when questions of legality arise. For example, alcohol may be used as part of an educational program. Such as:
This allows students to learn about wine culture and alcohol production for educational purposes. These programs are specifically designed to educate students and alcohol is used as part of the educational practices. In addition, the law allows the circulation of alcohol on school premises. Only if the event is unrelated to academic activities. For example, charity luncheons and sporting events that are not held during school hours. This may include serving alcohol if there are no students at the event. This exception helps avoid conflicts between curricular and extracurricular events held in school buildings.
Violation of this law may result in a misdemeanor charge. A person found guilty may be fined up to $1,000 or sentenced to up to six months in jail. Given the severity of the law, it is important to follow all established rules and safeguards to avoid unpleasant consequences.
If you are facing charges under Business and Professions Code Section 25608, there are several defenses available. For example, if your conduct was related to an authorized activity, this may be grounds for an acquittal. The legality of the search may also be challenged if it was conducted without probable cause or a court order. Another defense may be to prove that the alcohol was not intended for consumption in a public place, but was intended for private use at an event that did not violate school law.
In any case, you will need a professional lawyer to guide you in the process of creating a defense strategy and the KAASS LAW professional team is always ready to assist. If you or a loved one faces charges under Business and Professions Code 25608, contact (310) 943-1171 for a free consultation.
There are many ways to fight against a Bump Stock charge. One defense is proving the defendant was in lawful possession of the bump stock. A defense could argue the defendant possessed the bump stock while taking it to law enforcement for disposal. Ignorance of possession or not being the owner of the bump stock also leaves room for charges to be dropped. One of the best defenses is through police misconduct. If law enforcement obtained the bump stock through illegal search, coerced confession, or planted evidence, the court may dismiss charges.
Bump Stocks do not convert semi-automatic rifles into automatic ones, although they allow a semi-automatic rifle to fire like an automatic one. Under federal law, Attorney General Mathew Whitaker signed a bill defining weapons with bump stocks as machine guns. You may however legally own a bump stock in California if:
If a person is charged with possession of a bump stock, the punishment will depend on the circumstances of the case. In some cases, the charge may qualify as a misdemeanor. This can result in a fine and up to one year in county jail. However, if there are aggravating circumstances such as:
the charge may escalate to a felony. In this case, the possible punishment ranges from 18 months to 3 years in prison. In addition, under federal law, possession of a bump stock can result in a penalty of up to 10 years in prison and a fine of up to $250,000. The penalties for selling or distributing such devices are particularly severe. However, there are several defenses. For example, if a person self-reported the device to the police or was unaware of its existence. The defense may be able to obtain a reduced sentence or dismissal of the charges altogether. A defense based on unlawful police action is also common. Such as:
You can contact KAASS LAW for advice and defense in bump stock cases.
For more information about bump stock laws and to schedule your free consultation, contact Los Angeles Criminal Defense Attorney at KAASS LAW at (310) 943-1171. 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 23103: Reckless Driving Law
Punishments for violating VC 23103 include a 5 to 90 day stay in the county jail and a fine between $145 and $1000. Like VC 23109, if bodily injury is involved due to the violation, it may result in more serious consequences. Repeated offenses also result in more severe punishments. The details of the case may lead to a street racing charge as reckless driving. The prosecutor must be able to show that the operator of the motor vehicle was driving with a “wanton disregard” for the wellbeing of people or property. This means that the operator of the vehicle was in full awareness of the risk of harm, and then proceeded to disregard that risk.
A death during a street racing incident is referred to People v. Watson, or in other words a “Watson Murder” case. Penal Code 187, Watson Murder, is a second degree murder charge. This usually is the result of a DUI. On the other hand, it can be applied to street racing if:
Watson Murder can result in a 15 years to life in a California state prison, fines up to $10,000 and a strike under California’s “Three Strikes Laws.” A repeated “strike” offense may result in a doubled prison sentence.
When a person is arrested for any of the above offenses, the arresting officer has the authority to call in a tow truck to send the car to impound for a period of up to 30 days. The circumstances to receive the vehicle before the end of the 30 period period are as follows:
Attorneys can defend against these charges by being able to prove that the defendant’s actions were not willful, there is not enough evidence to support that the defendant was contesting speed, the defendant was not driving the vehicle or the attorney can prove a necessity defense. A necessity defense means you are “guilty with an explanation.” For example, rushing to the hospital. Glendale Reckless Driving/Street Racing Attorney If you or a loved one is charged with reckless driving or street racing 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.
Violating this Health and Safety code may result in a misdemeanor punishable by a maximum of 6 months in county jail and a fine of up to $1000. A defendant can fight against charges under 120290 HS by having no knowledge of the infectious disease, proving no intent to transmit that disease, or simply even if no transmission occurs at all. Actual disease transmission proves guilt for this crime. So if there is a way to prove that the disease was not transmitted, or at least not transmitted by the defendant, there is grounds for dismissal.
There are three other charges that can be related to Health and Safety Code 120290. Health and Safety Code 1621.5, Penal Code 12022.85, and Penal Code 243.4.
This code criminalizes donating blood, organs, semen, or breast milk when knowingly infected with HIV or AIDS. This law pertains to the donation of infectious diseases, rather than transmission.
Violating Health and Safety Code 120290, and causing HIV/AIDS during those acts with a minor, adds three years. The three year enhancement of charges goes on top of the time served for the underlying charges.
Violation of this penal code and Health and Safety Code 120290 would be that a person knowingly transmitting an infectious disease while also committing sexual battery. A person commits sexual battery when they touch another's genitalia for their own gratification. In this case, touching would be the form of conduct that spreads the infectious disease. A prosecutor can charge this as a misdemeanor or a felony. Misdemeanor offense can lead up to one year in prison and up to $3000 fine. A felony offense can have up to a 4 year prison sentence and fines up to $10,000.
It is important to realize that HSC Section 120290 charges can seriously affect a defendant's future. Even a misdemeanor charge can lead to a criminal record that affects every part of your life. Especially related to communicable diseases. It can affect employment, immigration status, and personal reputation. Therefore, it is crucial to have your case handled by an experienced attorney who can assess all the nuances and build a defense strategy. In addition, prosecutors must prove not only the fact of infection, but also that the defendant knew about the disease. That he or she intentionally attempted to transmit the infection, and that the infection actually occurred or there was a high risk of transmission. If even one of these elements is missing, the charge can be dismissed. For example, if a person participated in risky behavior but was unaware that he or she was infected, this does not fall under HSC 120290. The defense can argue that protected contact and a low likelihood of transmission meant there was no risk of infection. The lawyers at KAASS LAW are prepared to act quickly and decisively. We will provide comprehensive legal support. We will also analyze medical documents, involve experts if necessary and achieve justice in court. Under no circumstances should you wait if you are faced with such a charge.
If If you or a loved one is charged with intentionally transmitting an Infectious disease or its related offenses, 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.
Any and all “safe and sane” fireworks in the state of California must display a “State of California, State Fire Marshall Registered Fireworks” seal. If the seal is not present, the fireworks are not legal to possess or use in the state of California.
In California, specifically, being in possession of an illegal firework violates Health and Safety Code 12677. Therefore, this can apply to California 'safe and sane' fireworks as well, if they violate local fire codes. To illustrate, in Burbank and Glendale, 'safe and sane' fireworks are not permitted. Most offenses result in a misdemeanor punishable by:
The sale and distribution of 'dangerous' fireworks violates California Health and Safety Code 12767 and therefore results in other charges. Furthermore, the punishment for this offense is dependent on the amount of fireworks in possession of the defendant upon arrest.
An attorney may be able to help you fight against a California Firework charge. In particular, known defenses include:
Important: If you have been accused of possessing or selling illegal fireworks, seek legal counsel right away. This will allow you to obtain a defense and possibly lessen the consequences of the charges. KAASS LAW can help you build a defense strategy. Possible defenses include:
If you have a permit to use the fireworks, this can also be an important factor in your defense. Furthermore, if the charges are related to a miscommunication in the transaction, this could also be grounds for dismissing the charges. Don't risk - KAASS LAW is here to help you protect your rights and interests. It is also worth remembering that even possession of fireworks without the intent to use them can result in charges. For this reason, having an experienced attorney become a key factor. One who can carefully review the details of your case and help minimize or completely dismiss the charges. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
The law applies to both large-scale public goods, such as:
One must act purposefully when poisoning a substance, meaning accidental contamination does not count. Also necessary that the defendant knew that what was poisoned would be consumed by someone. A crime can occur even if no one consumes it, as long as someone intended the substance for human consumption. Moreover, even if one doesn’t certainly know that the poisoned item was meant for consumption, as long as the defendant reasonably should have known that it would be consumed, then this will constitute a violation of PC 347 (a)(1). EX: A frustrated employee decides to take some rat poison and stick it in a pill bottle that he found in his boss’s desk. The boss consumes the rat poison and becomes very ill, but the employee claims that he should not be guilty of violating PC 347 (a)(1) because he had never seen his boss take the medication before. Although he may not have seen anyone take the pills before, he can reasonably assume that someone meant the pill bottle in the desk for consumption.
Poisoning is a severe crime and qualifies as a felony offense in California. It is punishable by up to 5 years in a state prison. If your poisoning causes great bodily injury or death to another, the court can extend your sentence by 3 years, and you will likely face additional charges.
In addition to a charge under California Penal Code section 347(a)(1), a defendant may face other charges depending on the circumstances of the case. For example, if a person died as a result of poisoning, the prosecutor may file a charge of attempted murder or premeditated murder. If there are victims or premeditated actions, the prosecution may request increased penalties. This is also how other sections of the California Penal Code can be used. In addition, if the poisoning occurred in a public place, such as:
1. at a school 2. at work 3. public institution This can be considered a particularly dangerous crime with a high risk to a large number of people. Such circumstances often result in a harsher sentence. If the poisoning incident involved: 1. domestic violence 2. act of revenge 3. workplace conflict Additional counts may be added to the main charge. For example, in the case of proven intent, the prosecutor may insist on life imprisonment or a long term of imprisonment.
The Law Offices of KAASS LAW provides skilled defense in cases involving poisoning charges. Our firm carefully analyzes all the details of each case to obtain the best possible outcome for our clients.
You can use several legitimate defenses if authorities wrongfully charge you with poisoning in California. Some of them are:
You can defend yourself if you didn’t know someone would consume the poisoned item and if it was unreasonable to expect anyone to know it was for human consumption. Also, it is required that you poisoned the item willfully. This means that you knew that the substance would be harmful to others and that you purposefully mixed it with an item for human consumption. EX: A mother makes cookies for her son and friends who are visiting, and the cookies include nuts, which one of her son’s friends is allergic to. The friend has an allergic reaction, and the mother faces charges under PC 347(a)(1). She would be guilty if she knew the friend was allergic and purposefully included the nuts, but she would be innocent if she had no knowledge of his allergy. Lastly, the substance you introduced must actually be poisonous or harmful. This is a legal grey area, but sometimes people may face poisoning charges even when the substance deemed a "poison" is not actually harmful. KAASS LAW focuses on defending clients accused of poisoning under California Penal Code 347(a)(1).
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.
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.