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.
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!
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.
According to California Penal Code Section 626.9, also known as the California Gun-Free Zone Act, it is illegal to knowingly possess loaded or unloaded a firearm or to discharge a firearm in a school zone.
Prosecutor must establish the following elements to convict the defendant of violating the Gun-Free School Zone Act
Firearm For purposes of PC Section 629.9, a firearm is a device designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion. School Zone School Zone is an area, “in, or on the grounds of, a public or private school providing instruction to kindergarten or grades 1 to 12”, or within 1,000 feet of those grounds.
Under California Penal Code Section 666 petty theft with a prior is described as follows: “Every person who has been convicted of three or more times of petty theft, grand theft, auto theft, burglary, carjacking, robbery, or a felony violation resulting in serving time in jail is convicted of petty theft”. Thus for be sentenced to penalties for petty theft with a prior under PC Section 666, defendant must first had conviction of California petty theft penal code 484 and 488.
Prosecution must establish the following elements for convicting the defendant of the petty theft with a prior under Penal Code 666:
Qualifying theft crimes include: grand theft (including grand theft with a firearm) auto theft, carjacking, burglary and robbery. To get conviction of petty theft with a prior the defendant must also have a conviction for any of the below mentioned offenses, additionally to a theft crime conviction.
California Penal Code Sections 243(b) and 243(c) makes it is illegal to commit a battery on a peace officer. Person can be found guilty of PC 243(b) or (c) if he knowingly used unlawful force against a peace officer while he was performing his duties.
Prosecutor must establish the following elements to prove that the defendant is guilty of battery on a police officer.
Penal Code gives a broad definition to a “peace officer”, which includes the following:
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
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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:
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There are numerous provisions in the law when a person can escape from criminal liability. The law isn’t applicable under the following circumstances:
Legal defenses to California PC Section 626.9 charges
In case the defendant possessed a firearm in, or on the grounds of a public or private school, he will face two, three, or five years sentence in California state prison. If the defendant possessed a firearm within 1,000 feet of the grounds of a public or private school he will face a sentence of two, three, or five years in California state prison when any of the bellow mentioned circumstances apply:
In case the defendant discharged, or attempted to discharge a firearm in a school zone, he will face a sentence of three, five, or seven years in California state prison. For anymore inquires on this matter, give us a call! https://www.youtube.com/watch?v=ffi6hAbU8cw
Prior to proposition 47, three prior convictions for different theft crimes could lead to a felony sentence of sixteen months to three years for a conviction on a new charge. But, proposition 47 has changed the law so that most of the cases with three prior theft convictions will remain misdemeanors. Exceptions are the following:
Legal defenses to California Penal Code Section 666 charges include
Intent is one of the key elements that must be proved for convicting defendant of a theft crime. In case the defendant didn’t not intent to steal the property he is not guilty of petty theft.
In case the owner of the property gave the defendant a permission to take the property, he can’t be found guilty of petty theft.
In case the property actually belonged to the defendant or if he reasonably but mistakenly believed that the property belonged to him, he is not guilty of petty theft.
Penalties for a California Penal Code Section 666 conviction include In California law petty theft with a prior conviction is a wobbler and can be charged as either a misdemeanor or a felony, depending on the case facts and the defendant’s criminal history.
Our Glendale petty theft lawyers can help you defend your penal code 666 charges. Call our office at (310) 943-1171 or contact us via email at [email protected] to schedule a free consultation with a Glendale criminal defense attorney. Our lawyers in Glendale, Los Angeles, CA, are highly dedicated to serving to needs of our clients.
Penal Code Section 243(b) and (c) is only applicable when the peace officer whom the defendant battered was engaged in the performance of his duties. Violent or Offensive Manner Even the slightest touching, if it is done in an objectively rude or violent manner constitutes offensive touching even if it didn’t cause harm, pain, or any kind of injury. The touching doesn’t need to be direct.
Legal defenses to California Penal Code Section 243(b) and 243(c) include
In case the defendant reasonably believed that he or another person was in imminent danger of great bodily injury or harm and he reasonably used force necessary to deflect that harm, then he can assert self-defense.
For being convicted of a 243(b) or (c) defendant must have intentionally touched the peace officer. In case he didn’t act willfully he cannot be found guilty of battery on a peace officer.
In case the peace officer whom the defendant battered was not engaged in the performance of his duties, then he cannot be found guilty of this crime. Even if the victim announced that he was a peace officer and was wearing a police uniform he cannot be deemed performing his duties in case he unlawfully detained or arrested the defendant, violated defendant’s fourth amendment rights or committed police brutality. This means that officer was not engaged in a legal performance of his duties.
Penalties for violating California PC 243(b) and 243(c) Sections In California a basic battery on a peace officer is a misdemeanor with the following penalties:
California PC Section 243(c): Wobbler According to California PC Section 243(c), a battery on a peace officer that caused an injury is a wobbler and can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant's criminal history. For purposes of California PC Section 243(c) the injury is considered the one that requires medical attention. Penalties for a misdemeanor conviction are the following:
Penalties for a felony conviction are the following: