The State of California has fair, but strict gun laws and isn't lax on gun control regulations. For reference, Proposition 63 was passed in 2016, which further strengthened these regulations by mandating background checks for all ammunition purchases. As a result, the purpose of this pass was meant to close a perceived loophole. To expand, this loophole in question was allowing individuals, who were prohibited from owning firearms, had the ability to purchase and acquire ammunition. Understanding the intricacies of Proposition 63 is crucial for gun owners, ammunition vendors, and anyone concerned with firearm safety in California. At KAASS LAW, serving California, we aim to provide clarity on this significant piece of legislation and its implications.
Proposition 63, " is a safety-for-all-all initiative to keep guns and ammo out of the hands of violent offenders. The law attempts to close gaps to prevent the mentally ill and dangerous criminals from obtaining guns by strengthening background checks. The law also requires defendants to relinquish all firearms in their possession and/or control upon conviction". Prior to its passing, advocates of Proposition 63 argued that this created a dangerous loophole for allowing individuals who were legally barred from owning guns to easily obtain ammunition. Therefore, the initiative went ahead and rectified this by extending the existing background check system to all ammunition sales, thereby enhancing public safety.
Prop 63 brought several key requirements for ammunition purchases in CA, such as:
Since then, there have been several significant impacts due to the passing of the prop. For starters, there has been an increased scrutiny on ammo purchases that some gun owners have been arguing. This vetting process has been challenging for gun owners and a burden on Vendors. Additionally, Proposition 63 has been subject to legal challenges, with arguments raised regarding its constitutionality and impact on Second Amendment rights.
California's gun laws, including Proposition 63, can be complex and challenging to navigate. At KAASS LAW, serving California, we provide legal guidance and representation to individuals and businesses dealing with firearms-related issues. Our services include:
At KAASS LAW, we believe that Proposition 63 represents a major importance of California's attempt in regulating firearms and ammunition. Whether you're a gun owner, an ammunition vendor, or simply a concerned citizen, understanding these laws is extremely important for everyone. Give us a call or contact us to your convenient preference. Our team from KAASS LAW can help and provide some type legal service and or help. Alternatively, we can also offer guidance and help navigating on understanding if you're allowed to carry a weapon in public.
According to California Penal Code Section 459.5, shoplifting is entering a commercial establishment during regular working hours, with the intent to commit larceny, where the value won’t exceed $950.
To be convicted of 459.5 PC shoplifting, the prosecutor must establish that the defendant:
Penalties for a misdemeanor shoplifting conviction include:
The defendant may also serve probation time of up to 3 years while participating in community service.
Penalties for a felony shoplifting conviction include:
Proposition 64 has brought major changes in the state of California. However, it hasn't completely stopped all legal complexities, especially when it comes to driving. While anyone at the age of 21 and over can legally possess and use marijuana within certain limits, operating a vehicle while in possession of it still carries legal challenges. Understanding these layers of law is important for CA drivers so we may avoid any legal penalties. At KAASS LAW, we are committed to providing anything that requires clarifications on these evolving laws. Furthermore, we strive to protect your rights on the road.
Even if you're not actively under the influence while driving, just having it in your vehicle can lead to legal issues, given the circumstances. Here are a couple of violations worth mentioning:
California's position on marijuana has modernized and allowed the usage of the substance. What's more, this shows that CA is a lot more lax than its strict rules against it in the past. However, the laws surrounding driving under the influence (DUI) of cannabis are complex and carry serious legal problems if one were to break the law. Whereas recreational and medicinal use is legal for adults, yet on the other, operating a vehicle while impaired by marijuana is strictly prohibited and treated with the same severity as driving under the influence of alcohol. Understanding these laws, your rights, and the potential penalties is crucial for all California drivers. At KAASS LAW, we are dedicated to providing clarity on this critical issue and offering robust legal defense to those facing DUI or marijuana charges.
Vehicle Code section 23152(f) applies to driving under the influence of marijuana. Under VC Section 23152(f), "an individual is prohibited from driving under the influence of drugs." "Drugs" for purposes of this code section refers to any drugs (both illicit or prescribed) that can impair one's driving abilities. Examples of drugs that apply under this code section include marijuana, LSD, cocaine, and even sleeping pills. Without a doubt, this is a very serious matter.
The temptation of freedom and independence on the open road is powerful. This speaks very loud when it comes down to teenagers as they are slowly heading towards adulthood. Being a parent and or guardian for the littles, you do your best for your child to make them happy and see them smile. However, it's easier said than done. Sometimes, you want to make your kid happy by allowing them the freedom of the vehicle. As a result, the act of giving possession of a car to a minor in CA carries great legal problems and potential liability. Next time you're asked if they can take the family car for a ride, it is only fair for you to know the risk at hand. Here at KAASS LAW, we aim to enlighten our readers and clients on safety and avoiding any potential risks worth avoiding.
California law places specific restrictions and obligations on minor drivers and those who enable their driving privileges. As there are restrictions for minors when it comes to obtaining a driver's license, the legal responsibility usually falls under their parents and or guardian. Giving possession, in essence, of a car to a minor isn't something that should be done in a light-hearted fashion. There are legal consequences if things go from bad to worse.
Penal Code 21810 PC is a California law that prohibits the possession of brass knuckles. Penal Code section 21810 PC and may result in jail time and/ or significant fines.
A brass knuckle is a metal instrument with finger holes that a person inserts their fingers into. Such as rings with spikes on their outer surface and ball bearings inside those holes.
Under Penal Code 21810 PC, it is illegal in California to make, import, sell, give, or possess metal knuckles or brass knuckles ("BKs"). This, therefore, constitutes a wobbler offense. In other words, prosecutors can, depending on the circumstances, elect to file the charge as either a misdemeanor or a felony.
The penalties for a misdemeanor 21810 PC violation is punishable by:
Penalties for a PC 21810 violation is punishable by:
In a criminal case, formal diversion occurs when the court provides the defendant the opportunity to complete terms of their probation. If the defendant successfully completes the terms of probation, the court dismisses the charges. However, the defendant may need to plead guilty to the alleged crime.
Alternatively, an informal diversion continues a criminal case for the probationary period without entering any plea. A defendant must fulfill all obligations during their probationary period. If the defendant fulfills their obligations, the court will dismiss the case.
Formal diversion is an option for non-violent misdemeanor crimes such as petty theft, trespassing, or disorderly conduct. Typically, formal diversion is available if the following are present:
California law criminalizes the act of conducting "assault" and defines it as an unlawful attempt of a person to commit a violent injury to someone when there was a high ability to commit this injury. Teachers and other school employees enjoy high protection under state legislation. As such, California Penal Code section 245.5 PC is makes it a crime to assault of a school employee.
Under Penal Code section 245.5 PC the victim is the "school employee". A victim qualifies as a school employee if they are a permanent or probationary employee. This includes both full-time or part-time, including teachers, substitute teachers, and other administrative employees. For example, school bust drivers also fall under "school employees".
To be found guilty under PC 245.5, the prosecution must prove that:
Penal Code 422.55 PC defines hate crime as a criminal act committed due to the victim’s disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics.
An actual characteristic for hate crime purposes essentially means that the individual is committing a hate crime towards another due to the victim’s actual status regarding disability, gender, or any of the other listings as seen under Penal Code 422.55 PC.
A perceived characteristic for hate crime purposes means that the individual commits a hate crime that is not based on one of the characteristics listed under Penal Code 422.55 PC but that they perceived the victim as such. For example, an individual may have the impression that a person they have seen around their neighborhood is of a certain sexual orientation that they do not like and because of this perception, that individual commits a crime against this neighbor. However, the neighbor was never of the sexual orientation the individual perceived them to be. Since the individual perceived their neighbor's sexual orientation and committed a crime, they would still commit a hate crime.
Pursuant to Penal Code 20410 PC it is unlawful to:
Let’s examine the following scenario: Your friend gives his belt buckle knife to you in order to keep it in your house for 4 days. You are aware of what the instrument it is. Since, you knowingly agree to keep the belt buckle knife, this means that the item is in your possession and that you have control over it. Thus, authorities may charge you under Penal Code section 20410 PC.
California law prohibits weapons such as wallet guns, firearms mounted or enclosed in a case, lipstick case knives, knives in lipstick cases, and belt buckle knives. Under the above-mentioned section, a belt buckle knife is " a knife, which is an integral part of a belt buckle and consists of a blade with a length of at least two and one-half inches. Generally, the law allows certain people, such as law enforcement officers or antique dealers, to possess belt buckle knives.
Penal Code section specifically requires, “entering a commercial establishment during regular business hours, with the intent to commit larceny.” The "intent" is a critical aspect of this charge. This means that the defendant must have intended to take the property. As such, if the defendant mistakenly walked out with the property, the "intent" element is not satisfied.
The prosecutor must be able to prove that the defendant was present at the time the merchandise was stolen and was the cause of the incident. Usually, this information is provided by merchants and eyewitnesses and that were present at that time.
Under California law, if the shoplifter agreed to repay the owner of the business for all losses or damages a civil compromise can be redefined.
The defendant may be prone to some forms of police misconduct including:
If you or a loved one has been charged with Penal Code Section 459.5 Shoplifting, we invite you to contact our Los Angeles criminal defense attorney at (310) 943-1171 for a free consultation.
https://www.youtube.com/watch?v=KhkDI0EKGPQ
Driving under the influence is a serious charge. You can have a citation for an open container violation even if you're dead sober. However, if law enforcement suspects you are driving impaired, they will conduct a DUI search. These can be stressful and, if convicted or arrested, financially costly, in addition to wasting a lot of your time.
A police officer can only search an individual's car if:
Should a police officer do an unlawful search and then find marijuana inside the car, that marijuana, which is deemed to be evidence, can be excluded for purposes of the case. Additionally, the case may also be dropped as a result of an unlawful search.
If you are pulled over and questioned about marijuana in your vehicle, it's essential to remain calm and exercise your rights:
Navigating California's marijuana laws, especially in the context of driving, can be complex. If you're in a legal dilemma for driving in possession of marijuana or a marijuana DUI, it's crucial to have experienced legal representation on your side. At KAASS LAW, we have a thorough understanding of these laws and can provide you with a strong defense. We will:
Don't think you can do this alone! Contact KAASS LAW today for a scheduled consultation service. Our office and its expert members can help and discuss your case so we may learn how we can help you navigate the legal complexities of driving in possession of marijuana in California.
Evidence of driving under the influence of marijuana may include:
Charges associated with DUI of marijuana include:
A first DUI charge essentially means that it is the individual's first-time DUI charge (including either drug or alcohol). The possible penalties associated with this first DUI of marijuana include:
A Second DUI charge essentially means that it is the individual's second DUI charge (including drug or alcohol). The possible penalties for this second-time offender include:
If a Third DUI charge means an individual's third DUI charge (including either drug or alcohol). The possible penalties for this offense include:
The penalties for a misdemeanor DUI with injury include:
A felony DUI occurs if it is the individual's fourth DUI offense within the past 10 years. Additionally, the driver has a prior felony DUI conviction. Or if the driver causes an accident in which the other parties die or are injured as a result of the accident. Penalties for a Felony DUI include:
In this case of a felony DUI with injuries occurs when an individual drives under the influence and then causes bodily injury or death to another. Consequently, penalties for a felony DUI with Injury include:
In any case, given the situation if the case goes from bad, to worse, reckless driving can also potentially be a risk factor.
Driving under the influence of marijuana carries serious legal consequences in California. Additionally, don't navigate this complex legal landscape alone. In brief, please contact KAASS LAW today for a confidential consultation to discuss your case and learn how we can help protect your future across the state. Overall, we can help conduct, analyze, challenge, and negotiate for you so we may provide an aggressive and effective representation.
Negligent entrustment means that you can be liable and legally responsible if you lend your car to someone you knew or should have known potentially driving negligent and or recklessly. Usually, negligence falls under the person who caused the act. However, this will go against your negligent decision to entrust the vehicle to an unfit driver.
California Code, Penal Code - PEN § 193.8 states, "(a) An adult, who is the registered owner of a motor vehicle or in possession of a motor vehicle, shall not relinquish possession of the vehicle to a minor for the purpose of driving if the following conditions exist:
(1) The adult owner or person in possession of the vehicle knew or reasonably should have known that the minor was intoxicated at the time possession was relinquished.
(2) A petition was sustained or the minor was convicted of a violation of Section 23103 as specified in Section 23103.5, 23140, 23152, or 23153 of the Vehicle Code or a violation of Section 191.5 or subdivision (a) of Section 192.5.
(3) The minor does not otherwise have a lawful right to possession of the vehicle.
(b) The offense described in subdivision (a) shall not apply to commercial bailments, motor vehicle leases, or parking arrangements, whether or not for compensation, provided by hotels, motels, or food facilities for customers, guests, or other invitees thereof."
This is one of many forms of the act of negligence.
Several factors are considered when determining if negligent entrustment occurred:
Allowing a minor to drive your vehicle also has significant insurance implications. While your insurance policy may extend coverage to a licensed minor living in your household, it's crucial to:
While the desire to provide your child with a vehicle is understandable, taking steps to mitigate the associated risks is paramount:
Situations involving minors and vehicle possession can become legally complex, especially in the event of an accident. It's crucial to seek legal guidance from KAASS LAW if:
At KAASS LAW, we're here for you and your family. We understand why you want to help your child and give them their freedom as their growing up. However, this small things can lead to bigger problem if there aren't any proper supervision of the minor. If facing these types of legal problems, contact us right away.
There are three related offenses to brass knuckles. These include:
If you or a loved one faces charges under Penal Code 21810 PC, call our Los Angeles criminal defense attorney at (310) 943-1171 for a free consultation and case review.
There are a number of legal defense strategies that can be used depending on the circumstances of the case. A criminal defense attorney can evaluate the situation and choose the best line of defense for their client.
One possible defense is lack of intent to possess or lack of knowledge of the presence of brass knuckles. The law requires the prosecution to prove that the defendant knowingly possessed the prohibited item. For example, if a person was using someone else's car and was unaware of the presence of brass knuckles inside, this could be a defense argument.
There may also be a possible defense based on a violation of the Fourth Amendment to the U.S. Constitution, which prohibits unreasonable searches and seizures. If brass knuckles were discovered during a search conducted without a proper warrant, an attorney can file a motion. If the court grants the motion, the charges may be reduced or dismissed altogether.
Another defense argues that the item does not qualify as a weapon. For example, the defendant may show that the item was designed as:
And the defendant did not intend to use it to commit an assault. This may be a circumstance in his favor.
It is important to note that in some cases, the law allows the possession of brass knuckles if it is related to:
However, such cases require special permits. An attorney can use the existence of such a permit as an element of the defense.
If police charged you with unlawful possession of brass knuckles under California Penal Code Section 21810, contact a qualified attorney immediately. Violating the law can have serious consequences, including fines and jail time. KAASS LAW has the experience and knowledge necessary to protect your rights. Call 844-522-77-52 for a free consultation with an attorney.
For those who hold a professional license, this is where it gets tricky. Essentially, formal diversion may affect an individual who holds a professional license. Depending on the nature of the professional license and crime(s) involved, pleading to a criminal offense is enough to trigger disciplinary action against the professional. For purposes of a professional license, it is better to be convicted of another misdemeanor offense that does not trigger disciplinary action taken by the professional board. For example, pleading to an accessory after the fact rather than to a crime involving moral turpitude.
Doctors, lawyers, nurses, or therapist are just some examples of occupations that have professional licenses. These professions require individuals to take and pass state-approved tests before they can practice in California.
One of the key differences between formal and informal diversion is the effect on criminal records and professional licenses. In a formal diversion, the defendant will most likely enter a guilty plea. However, if he or she successfully completes all the conditions of probation, the criminal case may be dismissed. However, this outcome may still affect his or her future employment opportunities. Especially if licensed professions are involved. In an informal diversion, the defendant pleads not guilty and the case continues on probation. This provides more opportunity for a defense if all conditions of the program are not met.
In California, formal diversion is often offered for offenses that:
For example, charges of petty theft or trespassing on private property may be grounds for formal diversion. If the defendant has not been previously convicted of similar offenses. Formal diversion can also be used in cases where the defendant pleads guilty as part of an agreement with the prosecutor. This can avoid more serious consequences, such as jail time.
Informal challenges are a more favorable option for defendants seeking to avoid a trial. For example, for individuals in licensed professions such as:
Informal recusal may be a better option because it avoids the impact of the charges on their professional reputation. Informal refusal is not an admission of guilt and does not result in a formal criminal record. It has less impact on future employment and the ability to practice a licensed profession.
For people working in fields that require a professional license, it is important to consider how a formal or informal revocation may affect their career. It is important to realize that a formal revocation, even if it results in a dismissal of charges, can leave a trail in court documents. This trail will be available to future employers and regulators. An informal dismissal usually does not result in a criminal record, which makes it preferable. It avoids further disciplinary action by professional organizations.
In order to successfully complete a diversion program, it is important to carefully follow all of the conditions set forth by the court. This may include:
If you don’t meet these conditions, the court may revoke the diversion program and return the case to trial.
If you or someone you know has been charged with a crime and has a professional license, contact our Los Angeles criminal defense attorneys at (310) 943-1171 for a consultation. Our attorneys will provide you with legal assistance your case requires.
To be charged and convicted under this offense, the school employee must be performing their employment duties at the time of the offense. Thus, if the assault occurs in the evening while the teacher is walking in the park with his dog, the defendant cannot face charges under Penal Code section 245.5.
Penal Code 245.5 PC makes it a crime to assault a school employee with a deadly weapon, a firearm, or a stun gun or taser or by any other means likely to produce great bodily injury upon the person of a school employee. Penal Code 245.5 PC can result in either a misdemeanor or a felony charge.
Penalties for a 245.5 PC conviction vary based on the type of weapon used during the assault.
If the defendant used a deadly weapon, other than a firearm, the penalties include imprisonment in the state prison for 3, 4 or a maximum of 5 years of imprisonment in jail for up to one year.
If the defendant used a firearm while conducting the assault, the penalties include imprisonment in state prison for 4,6 or 8 years of imprisonment in jail for up to one year.
In the event the defendant used a stun gun or a taser, the penalties include imprisonment in state prison for 2, 3, or 4 years of imprisonment in a country jail for up to one year.
Defendants charged under section 245.5 may have several defenses. One such defense is lack of intent. If the defendant:
The defense can argue that the assault was not intentional. In addition, the defense of necessity may be used. If the defendant acted in response to an immediate threat to his or her health or life.
If the defendant accused of assaulting a school employee pleads guilty, or if there are mitigating circumstances, the defense may request a reduced sentence. This may include suggestions for alternative action. Such as:
It is important to note that the court's decision will largely depend on:
Punishment for the crime of assaulting a school employee can have a significant impact on the defendant's career. Especially if he or she works in education. A charge under Section 245.5 may result in:
And other professional consequences that may limit future employment opportunities.
It is important to contact an experienced attorney who specializes in criminal cases. A defense attorney will be able to:
If you or a loved one is facing charges under California Penal Code Section 245.5, do not delay in consulting with a qualified attorney.
It is essential to consult with a Los Angeles criminal defense attorney to try to mitigate the punishment for the commitment of the assault. We invite you to contact our criminal defense attorney today at (310) 943-1171 for a free consultation and case review.
Several ways exist to prosecute a hate crime. Under Penal Code 422.6 PC, it is a crime for a person to commit a hate crime. Additionally, there are other penal codes that pertain to sentence enhancing or additional penalties. For example, under Penal Code 422.75 PC, additional penalties apply on an individual when: 1) they are convicted of a misdemeanor, or 2) that misdemeanor is also proven to be a hate crime. Also, Penal Code 422.7 PC imposes sentencing enhancement on an accused if: 1) they are convicted of a felony, and 2) that felony is also proven to be a hate crime.
Under California law, the commission of a hate crime is considered a misdemeanor, which is punishable by: 1) imprisonment in a county jail for up to one (1) year, and/or 2) a maximum fine of $5,000. However, should an individual commit a crime that is proven to also be a hate crime, then that individual can be charged with a felony and get a penalty enhancement, as mentioned above for up to three (3) years.
The offense is a wobbler, meaning prosecutors can charge it as either a felony or a misdemeanor, depending on the case facts and the defendant's criminal history.
Penalties for a misdemeanor Penal Code 20410 conviction are:
Penalties for a felony Penal code 20410 conviction are:
If you or a loved one has been charged with violation of Penal Code section 20410 belt buckle knives, we invite you to contact KAASS LAW firm at (310) 943-1171 for a free consultation on your case and further assistance.
1. You Did Not Know You Were In Possession of a Buck Knife One of the most common defenses is lack of intent. For example, if the knife was built into a belt that was given to you and you were unaware of the presence of the blade. This could be grounds for dismissal of the charges. Under California law, intentional possession of a prohibited object is a required element of the crime. Thus, lack of knowledge of the nature of the object may be an effective line of defense. 2. You Are an Exception to the Law Certain categories of citizens, such as:
May not be covered by this article. It is important to provide proof of your membership in one of these categories if you wish to use it as a defense. 3. Item Does Not Meet the Definition of a Switchblade Knife In order for an item to qualify as a switchblade, it must be part of a belt buckle and contain a blade that is at least two and a half inches in length. If the blade is shorter or the design is not integrated with the buckle, then the item does not meet the legal definition. The defense may be based on a technical examination of the article and its failure to meet the statutory definition.
1. California Penal Code 21510 PC - Throwing Knife (Switchblade) This statute prohibits:
Knives that open automatically by pressing a button or lever. Like a buckle knife, an ejector knife is considered a concealed and potentially dangerous weapon. A violation can also be classified as a misdemeanor with a penalty of up to one year in jail. 2. California Penal Code 20200 PC - Open Carry Exceptions Certain knives are permitted as long as they are carried openly, in a sheath on a belt. However, this rule excludes belt sheath knives, since the law defines them as concealed. 3. Legal Consequences of a Conviction under Article 20410 PC In addition to jail time and fines, a conviction under Article 20410 may have other legal and social consequences. Courts may consider your criminal record in future cases. A criminal record can also affect:
It is important to discuss all possible consequences with an experienced attorney.
If you have been charged with a violation of California Penal Code 20410 PC, we strongly recommend that you consult with a qualified attorney. Contact KAASS LAW at (310) 943-1171 for a free consultation and analysis of your case. Our offices are located in Glendale and Los Angeles. We speak English, Russian, Armenian, Spanish, and French.