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:
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.
The business world thrives on trust, integrity, and fair competition. However, the pursuit of profit and advantage can sometimes lead individuals astray, tempting them to engage in unethical or even illegal practices. One such practice is commercial bribery, a serious offense that undermines fair business dealings and can have severe legal consequences. In California, Penal Code 641.3 PC specifically addresses commercial bribery, outlining the prohibited conduct and the penalties for those who violate the law. At KAASS LAW, we commit to upholding ethical business practices and protecting our clients from the legal ramifications of commercial bribery. The following provides a comprehensive overview of Penal Code 641.3 PC, explaining the elements of the offense, potential defenses, and the importance of seeking legal counsel if you are facing accusations or are concerned about potential violations.
According to California Penal Code Section 641.3 (a), an employee who solicits, accepts or agrees to accept money or anything of value from a person other than his employer, corruptly and without the knowledge or consent of the employer, in return for using his position for the benefit of that other person, is guilty of commercial bribery.
Prescription drugs play a vital role in managing health conditions, but they can also be misused and abused. California law takes a strong stance against prescription fraud, including forging or altering prescriptions. These actions not only endanger public health but also carry severe legal consequences. At KAASS LAW, we understand the complexities of prescription drug laws and are committed to providing accurate legal information and representation. The following will explore the legal ramifications of forging or altering a prescription in California, outlining the potential charges, penalties, and defenses.
Under California Business and Professions Code Section 4324 it is illegal to forge or alter a prescription, or possess drugs acquired through a false prescription. It is a crime in California to forge a prescription or make an attempt to gain possession of prescription drugs. However, in case a person actually got medication as a result of forging a prescription, he will be also liable under Business & Professions Code Section 4324(b). A person can be convicted of both offenses i.e. forging the prescription and obtaining the medication through false prescription.
Unreasonable force refers to situations when government officials legally entitled to use force exceed the necessary minimum amount to diffuse an incident or to defend others or themselves from harm.
According to CACI 440 the plaintiff must be able to prove the following elements to establish this claim:
Under the legal doctrine of governmental immunity, a police officer's actions are protected from liability while being on the job. This is a rule that the police officer generally can’t be sued for reasonable actions taken while performing his official duties. So, the right to make an investigatory stop or arrest necessarily carries with it the right to use some degree of physical force, but the degree of the force must be proportional to the threat and be applicable only in response to the threat.
Bribery is an act of offering giving, receiving, or soliciting something of value for the purpose of influencing the acts of a public official in discharge of his legal or public duties.
Defendant is guilty of bribing a public official in case he directly or indirectly gives or promises to give something of value to the public official with intention to corruptly influence the public official to omit or perform an official act in violation of the official’s public duty. Corrupt action is any intentionally performed action with an illegal purpose. Public official is any officer, agent or employee of the US or any agency, department, or branch of the federal government who is acting in an official capacity. For the purposes of this crime jurors sitting on a federal jury will also fall within the definition of the public official. According to 18 U.S.C. § 201(a) official act is any action or decision that may be brought before a public official in his official capacity.
Defendant is guilty of providing illegal gratuity to a public official in case he directly or indirectly offers or gives something of value to a public official because of an official act performed by the public official. For proving the violation the prosecutor must establish that there is a relationship between the “something of value” and the official act for which it was conferred. Defendant is guilty of bribery of a bank officer in case he offers or gives something of value to a bank officer with intention of influencing the bank officer and in connection with a business transaction. Bank officer is any director, agent, employee, or other office of a financial institution.
Under Federal Health Care Fraud, per 18 US Code Section 1347 it is prohibited to knowingly and willfully execute, or attempt to execute, a scheme or artifice to defraud any health care benefit program; or to obtain, by means of false or fraudulent pretenses, representations, or promises, any of the money or property owned by, or under the custody or control of, any health care benefit program.
The prosecutor must establish the following elements to convict the defendant under Federal Health Care Fraud US Code Section 1347:
According to 18 US Code Section 1347, an attempt to commit health care fraud is punishable to the same extent as the commission of fraud. An “attempt” is consist of intention to commit illegal conduct and a “substantial step” toward its commission.
According to 18 USC § 152 and 18 USC § 157 Bankruptcy Fraud is committed when a person makes a misleading claim or false statement in a bankruptcy proceeding or intentionally files a fraudulent bankruptcy petition as part of a larger scheme to defraud. Bankruptcy Fraud can be prosecuted through numerous criminal statutes such as wire fraud, mail fraud, credit card fraud, conspiracy, or tax fraud. The most prevalent charge is Bankruptcy Fraud under USC Section 152 which covers all possible methods that a debtor or other person can employ to defraud any bankruptcy filing or proceeding.
The defendant can’t accidentally commit bankruptcy fraud. Criminal fraud always involves knowingly misleading the court, hiding assets, or taking other fraudulent actions.
Examples of bankruptcy fraud include the following
According to Section 2113 of Title 18 of the United States Code, you cannot take or attempt to take property, money, or items of value from federal banking institutions.
California Penal Code Section 240 defines assault as an attempt to commit a violent injury on someone else. Assault is usually in connection with the battery, though they are two different offenses. Penal Code Section 242 differs battery from an assault as it requires that the defendant actually use force or violence against someone else. For expanded interpretation, here are the legal definitions of the differences between California Penal Code 240, 242, 243 and 273.5.
The prosecutor must establish the following elements to convict the defendant of assault under Penal Code 240:
In regards to Alien Smuggling and Harboring Illegal Aliens, under Title 8 of the United States Code Section 1324 any of the following acts or attempts of these acts are illegal:
According to Subsection 1324(a)(1)(A)(i) it is illegal for any person to knowingly and intentionally bring or attempt to bring into the US an alien at any place other than an official point of entry to the country, such as an airport, port or land immigration checkpoint. The crime is applicable to both aliens who are in the country with the US permission and to those who have entered illegally.
According to Subsection 1324(a)(1)(A)(ii) it is illegal for any person to transport or move an alien within the US by any means of transportation, with knowledge or reckless disregard of the alien’s unlawful immigrations status.
According to Subsection 1324(a)(1)(A)(iii), it is illegal for any person to conceal, harbor, or shield from detection or attempt to conceal, harbor, or shield from detection an alien in any place, including buildings or means of transportation with knowledge or reckless disregard of the alien’s illegal immigrations status.
The prosecutor must establish the following elements to prove a charge of Penal Code 641.3 PC commercial bribery:
Penal Code Section 641.3 PC applies similarly to employees receiving or soliciting bribes and to the person offering bribes. The commercial bribery statute is based on the concept of fiduciary duty between an employer and his employees. The purpose of PC Section 641.3 is to punish individuals who conduct actions to undermine the employer's interests for receiving money or anything else of value that personally benefits them.
The main defense to commercial bribery charges is that there is no evidence that the employee or the person who pays the bribe had corrupt intent.
Commercial bribery can be charged as either a felony or a misdemeanor, depending on the amount of the bribe.
If the value of the bribe is less than $1,000, the defendant will be charged with a misdemeanor, and the following penalties include:
If the value of the bribe is $1,000 or more, the defendant will be charged with a felony, and the following penalties include:
If the victim suffered monetary losses, a court can also order restitution pursuant to California PC Sections 1202.4(a) and (f). Civil damages can also be recovered under California Civil Code Section 3281 if the employer suffered a loss.
If you're facing accusations of commercial bribery, there may be legal defenses available to you. Some potential defenses include:
If you're facing accusations of commercial bribery or are concerned about potential violations, it's crucial to seek legal counsel from an experienced criminal defense attorney. An attorney can:
At KAASS LAW, we understand the complexities of commercial bribery laws and the potential impact these charges can have on your business and reputation. Our firm has a fair understanding of these types of bribery laws, especially Federal Bribery Laws. Our attorneys dedicate to providing skilled legal representation and protecting your interests. If you're facing allegations of commercial bribery or need guidance on compliance with Penal Code 641.3 PC, contact us today for a free consultation.
The prosecution must prove the following elements to convict the defendant of forging or altering a prescription:
Prescription forgery is the use of a falsified prescription for purchasing drugs illegally. Forging or altering a prescription is making, publishing, uttering, passing, or attempting to pass a prescription for drugs or possessing drugs acquired by a false prescription. Attempting to transfer another person a falsified prescription, even if you didn’t actually write it, is also a crime.
Prescription is an instruction to provide drugs, either by phone, through writing, or through electronic communications (i.e., facsimile). Generally, a valid prescription must include the following information:
The term “drug” under California Business and Professions Code Section 4025 include:
The defendant is guilty of falsely uttering a prescription in situations where the defendant:
Some common defenses to charges related to forged prescriptions
Business and Professions Code section 4324 forging or altering a prescription is considered a "wobbler offense". As such, the offense can be charged as either a misdemeanor or a felony, depending on the defendant’s criminal history, as well as other factors.
Penalties for misdemeanor Business and Professions Code 4324 conviction include:
Penalties for felony Business and Professions Code 4324 conviction include:
Furthermore, additional penalties a defendant can face include the following:
If you're facing charges for prescription fraud, it's crucial to have experienced legal representation. A skilled criminal defense attorney can:
At KAASS LAW, we understand the serious consequences of prescription fraud charges. Our attorneys dedicate to protecting your rights and fighting for the best possible outcome in your case. If you are under accusation with forging or altering prespeciptions, contact us today for a free consultation. We'll review your case, explain your legal options, and develop a strong defense strategy to protect your future. Moreover, any matters involving a wrongful death due to prescription drugs, please contact us today.
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Courts can also grant police officers qualified immunity along with deferring to a law enforcement reasonableness standard. This aims to protect public officials from civil liability for violations of rights as long as they were reasonably performing their duties and the rights weren’t clearly established. In unreasonable force cases, qualified immunity can protect police officers in more unclear situations where there's a border between necessary and unreasonable force. Though, to benefit from this immunity, a public official must be able to show that a reasonable person in his position wouldn't have known that his conduct violated clearly established law.
Here are some examples of excessive force and police abuse.
A victim might be able to take his case to the court if he was victimized by law enforcement. Generally, there can be three main causes of action:
Under Section 1983 of the United States Code, an unreasonable force is a constitutional violation that can be remedied by filing a civil rights complaint for injunctive or monetary relief. A plaintiff can also file a complaint with the U.S. Department of Justice, which can decide to investigate his case. When deciding the issue of whether the government official engaged in excessive force or not, courts consider particular circumstances to determine if the actions were objectively reasonable.
Have you been involved in an arrest where you've experienced unreasonable force by a law enforcement officer? Experienced attorneys at KAASS Law are here to help protect your rights. Get in touch with us to go over the details of your case at any time!
For convicting the defendant the prosecution must prove beyond the reasonable doubt all elements of crime. In case there is a lack of evidence proving the defendant’s fault he can’t be found guilty of federal bribery.
In federal bribery cases, the prosecutor must establish that the defendant had the criminal intent to commit the crime. One of the most difficult areas of the government’s case is proving intent, and if the defendant can present arguments and evidence to show that he did not possess the intent to commit the alleged criminal activity, he won’t be found guilty of this crime. Penalties for Federal Bribery Penalties for violating 18 U.S.C. § 201(b)(1)
Penalties for violating 18 U.S.C. § 201(c)(1)(A):
Penalties for violating 18 U.S.C. §215(a) (1): If the amount of the “something of value” offered or provided to the bank officer is more than $1000, the penalties are the following:
If the amount of the “something of value” is less than $1,000, the defendant will receive up to one year in federal prison and fines.
To be found guilty of health care fraud under 18 US Code Section 1347, it is necessary to knowingly and willfully execute an illegal scheme. While presenting proof of actual knowledge is one way that the prosecution can get a conviction, sometimes, constructive knowledge can be enough to establish criminal culpability for health care fraud. In case the defendant was aware of a high potential for fraudulent conduct and took steps to intentionally avoid learning about it, in some cases this can be enough to establish knowledge.
18 US Code Section 1347 applies to fraud targeting all health care benefit programs. According to 18 US Code Section 24(b), a “health care benefit program” is any public or private plan or contract, affecting commerce, under which any medical benefit, item, or service is provided to any individual, and includes any individual or entity who is providing a medical benefit, item, or service for which payment may be made under the plan or contract.
Health care fraud covers many white collar crimes and it can include the following types of conduct:
18 U.S. Code Section 1347 imposes severe penalties for health care fraud. The penalties are the following:
If the fraudulent actions resulted in serious bodily injury the defendant can face of up to 20 years in federal prison. If the fraud resulted in death the defendant can face a life sentence.
Contact the criminal defense attorneys at KAASS LAW if you or a loved one has been arrested for Federal Heath Care Fraud charges. Call (310) 943-1171 or set up an appointment to set up a free consultation with a Federal health care fraud attorney.
Good faith belief In case the defendant honestly and in good faith believed the misleading statements or promises made as part of the scheme were true it is a valid defense in federal bankruptcy charges. Substantial Assistance Usually, the most commonly utilized method to avoid the penalties for federal bankruptcy fraud is substantial assistance. The prosecution is authorized to ask the court to suspend or reduce a sentence when the defendant provides substantial assistance in the arrest, identification, or conviction of any other person engaged in the scheme to defraud. Penalties for violating 18 U.S. Code Chapter 9 Under federal law, the punishment for Bankruptcy Fraud may vary depending on the circumstances, nature and of the offense, and the defendant’s criminal history. Under 18 U.S. Code Section 157 the crime of Bankruptcy Fraud is a felony, punishable by:
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Prosecutor must establish the following elements to convict the defendant of Federal Bank Robbery under 18 USC 2113
Contact KAASS LAW for a legal consultation or for any further assistance!
The defendant can face up to six months in county jail and a fine up to a maximum fine of $1,000.
The prosecutor must establish the following elements to convict the defendant of battery under Penal Code 242 battery:
Assault is generally an attempt to commit battery. Assault may have taken place without the occurrence of a battery since physical contact is not an element of an assault charge. The crime of battery necessarily requires an assault. The defendant can’t unlawfully and willfully touch another person (battery) without firstly making an unlawful attempt (assault) to do so.
California Penal Code Section 242 defines the crime of battery as any willful and unlawful use of force or violence upon another person. In California, law battery is a misdemeanor crime and the defendant can face up to six months in county jail and a fine of up to $2,000.
Per Penal Code Section 243(e)(1), is a crime often referred to as “spousal battery” and it occurs when a defendant uses violence or force against:
A spousal battery conviction is a misdemeanor with up to one year in county jail and a fine of up to $2,000. A defendant may also be required to enter a batterer’s program and pay up to $5,000 to a battered women’s shelter.
The crime of inflicting corporal injury on a spouse or cohabitant under Penal Code 273.5(a) is similar to spousal battery under Penal Code 243. The crimes involve the same people with whom the defendant has a relationship as under Penal Code Section 243(e)(1). The difference between these two crimes is that for being convicted defendant must have inflicted some type of injury upon the victim.
The prosecutor must establish the following elements to convict the defendant under PC Section 273.5:
In California Penal Code section 273.5 is a wobbler offense, with either a misdemeanor or felony conviction. If convicted of a misdemeanor, the defendant will face up to one year in county jail and a fine of up to $6,000. If convicted of a felony the defendant will face two, three, or four years in state prison and a fine of up to $6,000.
If you or someone you know has been charged with California Penal Code secontions 240, 242, 243, or 273.5 we invite you to contact our criminal defense attorney today at (310) 943-1171 for a free consultation and case reivew.
According to Subsection 1324(a)(1)(A)(iv) it is illegal for any person to encourage or induce an alien to come to, enter, or reside in the US, with knowledge or reckless disregard of the fact that such coming to, entry, or residence is a violation of law.
According to Subsection 1324(a)(1)(A)(v) it is illegal for any person to engage in a conspiracy to commit or aid and abet the commission of any of foregoing crimes.
According to Subsection 1324(a)(2), it is illegal for any person to bring or to attempt to bring an alien into the US with knowledge or reckless disregard that the alien was not authorized to come to, enter or reside in the country.
According to Subsection 1324(a)(3)(A) it is illegal for any person, during any twelve-month period, to knowingly hire at least ten individuals with knowledge that these individuals are unauthorized aliens.
According to federal law to convict the defendant under Title 8 of the United States Code 1324(a)(1)(A)(i) the prosecutor must establish that the defendant had knowledge or recklessly disregarded that the person brought to the United States was an alien.
Penalties for human smuggling and harboring illegal aliens are as follows.
Penalties for Alien Smuggling include
Death penalty can be applicable in case the defendant’s actions causes death.
Penalties for Unlawful Employment of Aliens:
For Any Further Inquires, Contact KAASS LAW