According to California Penal Code Section 466, it is prohibited to possess certain tools that experience by law enforcement has shown to be instruments frequently used by thieves for breaking into a home, car, or another structure. It is not unlawful to possess these tools as long as there is no evidence to show criminal intent.
Penal Code 466 lists over 15 kinds of tools that are frequently used to break into any railroad car, building, trailer coach, aircraft, vessel, or vehicle.
The prosecutor must establish the following elements to convict the defendant of possession of burglary tools:
For being charged with possession of burglary tools there must be evidence showing that the defendant not only possessed them, but he also had criminal intent to use them to carry out a burglary. When considering all factors, everything that has been gathered gets taken into account, including physical evidence, witness testimony, and what happened when the defendant was arrested. The intent may be established in case all steps were taken to possibly complete the crime. Intent can be established through what the defendant was wearing at that time, what type of structure he was in when arrested, the hour of the day, types of tools he possessed, and statements he made before the crime.
For being convicted under PC Section 466 it is not enough to have the mentioned above tools in possession or even to alter or make the listed tools. The crime happens when a defendant possesses one or more tools and intends to unlawfully break into a rail car, structure, vessel, or vehicle. In case the defendant didn’t intend to unlawfully enter a vehicle or structure to commit a crime, he can’t be convicted of this crime.
The defendant should not be convicted of possessing burglary tools in case he wasn’t aware that the tools were used or were to be used in a crime of burglary.
All search and seizure operations must be carried out within the boundaries of the law. In case the tools were found during an unlawful search, the defendant may be able to have evidence obtained during the search kept out of court. That can lead to acquittal or dismissal. There are various factors involved that can determine whether a search was lawful or unlawful.
In California possession of burglary tools is a misdemeanor offense with the following penalties:
If you or a loved one has been charged with possession of burglary tools, you should immediately contact an experienced criminal defense attorney today at (310) 943-1171 for a free consultation and case review.
Yes, under Penal Code 171(b), it is a crime in California for an individual to bring or possess weapons into a public building and meetings that are open to the public.
Under the PC 171(b), it is a crime to carry the following into a public building or meetings that are open to the public:
Yes, under Penal Code 134, it is a crime to prepare any false material with the intent to produce it, or allow it to be produced for any fraudulent purpose while presenting it to be true for purposes of trial or any other proceeding.
For purposes of Penal Code 134, evidence can include writing material as well as pictures and things such as the following:
Typically, intent means that an individual knew what they were doing. Thus, intent for purposes of Penal Code 134 is defined as knowing that the document or thing they produced for purposes of trial or any other proceeding was false and that they wanted to use that false document or thing to trick or mislead the jury or judge.
For purposes of Penal Code 134, proceedings include any proceeding where evidence can be presented. Examples of typical proceedings can include the following: - Mediation - Arbitration - Trial - Pretrial hearing - Motion hearing
Yes, it is a crime in California to knowingly report a false emergency under Penal Code 148.3. Namely, it is a crime to make a report or cause a report to be made to any city, county, city, or state department, district, agency, division, commission, or board, that an emergency exists when in reality an emergency does not exist.
For purposes of making a false report of an emergency, an emergency includes any condition that does, or could result in, the response of any public official to any condition that can jeopardize public safety, evacuation of an area, or activates AMBER alert.
Penalties for making a false report of an emergency may include being charged with a misdemeanor with up to one year in county jail and a maximum fine of $1,000.
Here are some examples that would likely result in making a false report of an emergency:
According to California Penal Code Section 278, child abduction is malicious taking, enticing, keeping, withholding, or concealing a child with the intention to detain or conceal the child from his legal custodian.
The prosecutor must establish the following elements to prove that defendant is guilty of PC 278 child abduction:
Penal Code section 597 pertains to animal abuse and cruelty. It is illegal under Penal Code section 597 for an individual to maliciously kill, harm, maim, or torture an animal.
The penalties associated with a violation of Penal Code section 597 are treated as a wobbler. In other words, a violation of this penal code can be charged as either a misdemeanor or felony. Should the prosecuting agency decide to treat the violation as a misdemeanor, an individual can face up to one year in county jail and may pay fines of up to $20,000. On the other hand, should the prosecuting agency decide to treat the violation as a felony, an individual may face up to three (3) years in state prison and may pay fines of up to $20,000.
For purposes of Penal Code 597, maiming refers to the act of intentionally disabling or disfiguring an animal in a manner that results in permanent damage. This includes the deliberate removal or permanent impairment of a limb, organ, or any other body part of the animal.
No, an individual may not leave an animal in a hot vehicle. Per California Penal Code section 597.7, an individual may not leave or confine an animal in any unattended vehicle under conditions that endanger the health or wellbeing of an animal due to weather and/or other circumstances.
Per California Penal Code section 597.7, circumstances that may jeopardize an animal’s health or wellbeing include:
Penalties associated with violating Penal Code section 597.7 depend upon whether the animal suffered from great bodily injury. If the animal does not suffer great bodily injury, the individual will likely face an infraction charge and pay fines up to $100. If the animal suffers great bodily injury, the individual may be charged with a misdemeanor and may face up to 6 months in jail and/or pay fines of up to $500.
Penal Code 25859 PC, makes it a crime to carry a loaded firearm in either a public place, on a public street, or in a vehicle in California.
Penal Code section 25859 PC is considered a misdemeanor. Penalties for carrying a loaded firearm conviction include:
Yes, carrying a loaded firearm may be charged as a felony, should any of the following occur:
Penalities for a carrying a loaded firearm felony charges include:
Miranda warnings are an individual’s constitutional right that protects them against being forced to incriminate themselves. This law is derived from Miranda v. Arizona. The court ruled that the 5th Amendment privilege against self-incrimination is intended to protect individuals from being forced to incriminate themselves.
Miranda warnings are the notification given by a police officer to a defendant once they are:
An individual will know they have been provided their Miranda warning when a police officer states the following: “you have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read you? With these rights in mind, do you wish to speak to me?” This is also referred to as being “Mirandized.”
An individual will be Mirandized when the following two things occur:
Harvey waiver is a rule that came out of the court case People v. Harvey (1975) 25 Cal.3d 754. The court ruled that facts supporting charges which are dismissed may not be used to impose sentencing consequences unless the parties waive this right. In other words, a Harvey waiver is a stipulation or agreement, by a defendant that any charges dismissed in his case can be considered against him at sentencing.
Harvey waiver applies to criminal cases. Although a defendant’s charges will be dismissed, under Harvey waiver, charges will be considered against him or her during sentencing. Sentencing is a form of a criminal hearing in which the judge enforces penalties on the defendant who has been convicted of a crime.
Harvey waiver applies to a restitution hearing since the defendant’s charges, though otherwise dismissed, will be used to determine the following:
However, in some cases, restitution may be provided at the beginning rather than at the end of a criminal matter. Should this occur, a civil compromise is conducted in that the judge can dismiss the defendant’s criminal charge once they have compensated the victims for any damages caused due to the crime.
This penal code can be prosecuted as either a felony or misdemeanor and is therefore considered a wobbler. If charged as a misdemeanor, the misconduct is punishable by up to one year in county jail. If charged as a felony, an individual can face imprisonment of either 16 months, 2 years, or 3 years.
A building owned or leased by the state or local government where public employees regularly are present to perform their official duties is considered a public building. An example of a public building is a courthouse.
Yes, there are several exceptions under Penal Code 171(b), which are as follows:
If you or someone you know is being charged with Penal Code 171(b), call KAASS LAW today and speak to an experienced criminal defense attorney today at (310) 943.1171.
Violation of Penal Code 134 is charged as a felony. Thus, an individual can face up to three years in state prison as well as the possibility of facing formal probation.
Yes, an individual who is convicted of a felony loses their right to own or purchase a gun. Thus, because Penal Code 134 is prosecuted as a felony, an individual will lose their right to own or purchase a gun should they be convicted.
Yes, an individual can face deportation or be deemed inadmissible should they be convicted of the crime.
Inadmissible for purposes of immigration consequences means that an individual may not re-enter the country once they leave the United States or that they are ineligible to receive benefits from the United States. This is true even if the individual is deemed a legal immigrant.
If you or someone you know has been charged with violation of Penal Code 134, please contact KAASS LAW today at (310) 943-1171 to speak to our criminal defense attorneys for a free consultation.
Yes, there are instances where making a false report of an emergency can be charged as a felony should the false alarm result in someone suffering great bodily injury or death.
Great bodily injury is determined by how severe the injury to the person is. Thus, the following factors are typically considered:
Have you or someone you know has been charged with making a false report of an emergency? If so, 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 by contacting (310) 943-1171
Crimes of child abduction and kidnapping should not be interpreted as the same. Kidnapping is a crime against the kidnapped person while child abduction is a crime against both the child abducted and the parent of the abducted child.
In case the defendant is a lawful custodian of the child, he cannot be found guilty of this offense. A parent entitled to custody cannot be liable for abducting his own child.
Taking a child from a person who is not the lawful custodian of the child is not considered a violation of California PC Section 278. However, depending on the case circumstances, the defendant may face charges for kidnapping.
A child can only be detained or taken in violation of custody or visitation order only if there is a reasonable belief and good faith that the child may suffer bodily injury or emotional harm by staying with a parent or legal guardian. In case the defendant detains a child for protection he must immediately contact the local District Attorney’s Child Abduction Unit and follow reporting instructions for escaping punishment.
California PC Section 278 is a wobbler and can either be charged as a misdemeanor or a felony, depending on the case circumstances and the defendant’s criminal history.
Penalties for a PC 278 misdemeanor conviction include the following:
Penalties for a PC 278 felony conviction include the following:
Additionally, the defendant may be subject to pay restitution to the prosecuting agency, the victim or to any person acting on the victim's behalf, for any costs reasonably incurred in locating and returning the child to the victim.
The court will determine the penalty based on mitigating or aggravating factors presented by the prosecutor.
If you or a loved one has been arrested for Penal Code Section 278, child abduction we invite you to contact KAASS LAW (310) 943-1171 for a free consultation with our criminal defense attorney.
For purposes of Penal Code 597, torture refers to any intentional act, failure to act, or neglect that inflicts unnecessary physical pain or suffering on an animal. This includes actions or omissions that cause harm beyond what is necessary for the animal's care or treatment.
The acts that qualify as acting maliciously for purposes of Penal Code 597 involve an individual intentionally committing a wrongful act with the specific purpose of causing harm or injury. These acts are carried out with deliberate intent to inflict damage or suffering.
A violation of Penal Code section 597 may impact immigration status. California courts rule that serious cases of animal abuse can result in deportation, though this depends on the facts of the matter to determine its seriousness.
Yes, an individual can have their conviction of Penal Code section 597 expunged if they establish the following:
Please note that an expungement for a felony conviction does not qualify for an expungement.
If you facing charges under Penal Code 597, contact KAASS LAW at (310) 943-1171 for a free consultation.
Aggravating factors may include:
These circumstances may influence the prosecutor's decision to classify the offense as a felony. On the other hand, mitigating circumstances may include:
Such factors may contribute to a more lenient sentence. Therefore, it is critical that the defendant consult with an experienced criminal defense attorney. The attorney will help determine whether there are mitigating circumstances in a particular case.
In addition to Section 597, California law provides other statutes governing liability for animal cruelty. 1. Section 597.1 applies when animals are kept in conditions that endanger their life or health. 2. Section 597.5 makes it a crime to participate in the organization or conduct of animal fighting. In addition, when cruelty to animals is accompanied by other criminal acts, such as:
The prosecutor may bring additional charges. This can significantly increase the length of possible incarceration.
A criminal record under Section 597 can have serious consequences for a person's future. In addition to jail time and fines, such an offense can affect immigration status. Serious cases of animal cruelty can be considered "crimes of moral turpitude. This is grounds for deportation.
If you have been charged under California Penal Code Section 597, it is important to seek legal help immediately. Contact KAASS LAW at 844-522-7752 for a free consultation to protect your rights. https://youtu.be/eXyhCCebEZc
An infraction is when there has been a violation of traffic laws, municipal codes, or administrative regulations. The penalties associated with infractions do not include jail time or probation but rather paying fines.
A misdemeanor pertains to criminal charges that carry up to one year of serving time in jail as well as associated fines.
Another individual may remove an animal from a hot vehicle without criminal liability so long as the individual did the following:
A violation of Penal Code 597.7 will not impact the immigration status of an individual.
If you or someone you know is facing charges under Penal Code 597.7, contact our Los Angeles criminal defense attorneys at (310) 943-1171 for a free consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed.
The summer months can pose health risks to animals left in vehicles, especially when temperatures are high. It is important for pet owners to be aware of the risks that can arise from overheating or lack of air. It is important to remember that even with the windows closed, the temperature inside the car can quickly rise to dangerous levels. The time it takes for the temperature inside a car to become dangerous for an animal can be minimal.
Overheating is the main risk to animals left in a vehicle during hot weather. Animals can easily suffer from heat stroke, which results in:
This is especially important for animals with short noses, such as bulldogs or pugs, which are more susceptible to overheating. Lack of ventilation in the vehicle accelerates the temperature rise, making the situation even more dangerous.
Pet owners should take steps to protect their pets on hot days. If you must leave your pet in the car, try to park in the shade. Also, avoid leaving your pet in the car for too long. It is best to leave your pet at home or use the services of a friend or relative. Special pet carriers with ventilation systems are available. They can help keep your pet safe while traveling.
If you see an animal in a car in a dangerous situation, it is important not to remain indifferent. You should call:
And report the situation. If the animal is in real danger, you can take action on your own. California laws allow you to intervene in situations where an animal is in imminent danger.
Protecting pets from dangerous conditions on hot days is as much about protecting your pet's health as it is about obeying the law. It is not worth the risk of leaving your pet in a car, especially when the temperature is high. If you are facing charges under California Penal Code Section 597.7, contact KAASS LAW. We will be able to provide you with the best solution for your case. Call us at 844-522-7752 for a free consultation. https://youtu.be/1-V0d3C6Spw
A firearm is defined as, "any device designed to be used as a weapon and from which a bullet is discharged through a barrel by an explosion". Common examples of firearms include:
The law in California deems a loaded firearm if the firearm:
An defendant that has been convicted of felony possession of a loaded firearm is prohibited from acquiring or possessing a gun in California. In other words, an individual will lose their rights to own and possess a firearm.
Yes, in some instances, there are exemptions that make it legal to carry a loaded firearm. These exemptions include:
If you or someone you know has been charged with carrying a loaded firearm, contact our Los Angeles criminal defense attorneys at (310) 943-1171 for a free consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed.
cannot ask the individual any questions such as about their name and address. It is important to note that even if an individual is in police custody, they may still not be given Miranda warnings unless police officers intend to ask incriminating questions from the individual.
Deciding to wave Miranda rights is tricky. Once a police officer Mirandizes an individual, that individual has the right to remain silent. However, if the defendant choices to speak to the police, the individual is deemed to have waived his/her right. Should an individual choose to waive their right, they should be very careful as to what they tell the police officer without their attorney present. Typically, police officers are looking for specific information from the suspect so as to assess whether the suspect will agree to specific facts or not. Although an individual may believe they have not done anything wrong, speaking to a police officer openly and without an attorney present may lead to stating things that can be taken out of context that may ultimately lead to the individual being charged with a crime.
Miranda warnings do not work the same for DUI arrests. This is because a police officer does not necessarily have to provide the individual with Miranda warnings since the police officer may have enough evidence (i.e. from the way the individual was driving or from the smell of alcohol on their breath) to justify the DUI arrest without interrogating them.
If you or someone you know has been arrested without proper Miranda rights given, contacting Los Angeles Criminal Defense Attorneys at KAASS Law at (310) 943.1171 for a free consultation.
A restitution hearing is a hearing that occurs in a criminal case. The court determines how much the defendant should pay the victims that have been harmed as a result of the crime committed by the defendant. Thus, the court will order the defendant to pay the restitution.
Under California Penal Code Sections 1377 and 1378, a civil compromise is a method that allows people charged with misdemeanors to have their cases dismissed after compensating the victims for the caused damages.
Under California law, victims are entitled to recover the full amount for any reasonable loss or expense. However, if the full amount for restitution is not known at the time of the defendant’s sentencing, the judge can include a provision that the victim compensation will be ordered based on the amount “to be determined.”
The difference between a restitution order and a restitution fine is:
The California Victim Compensation Board is a program that can help pay bills and expenses that result from violent crime. Additionally, victim compensation directly reimburses victims who face expenses that resulted from the crimes committed against them. These expenses may include but are not limited to, medical costs or lost wages.
For more information about how Harvey waiver can affect your case, schedule a consultation by contacting Los Angeles Criminal Defense Attorneys at KAASS Law at (310) 943.1171.