According to California Penal Code Section 245(a)(1), assault with a deadly weapon is an unlawful attempt to cause bodily harm to another person using a weapon or using force likely to cause great bodily harm.
Prosecutor must establish the following elements to prove an allegation of assault with a deadly weapon.
Unlike battery, physical contact is not required to take place for someone to get arrested and convicted for assault.
Deadly weapon is defined as any object or instrument that is inherently deadly or which can be used in such a way as to cause death or great bodily harm.
Some common defenses to an assault with a deadly weapon charge?
In California assault with a deadly weapon is considered a “wobbler”, and can be charged as either a felony or misdemeanor offense depending on the case facts and defendant’s criminal record. The prosecution will take into account different factors such as the type of weapon, the extent of the victim’s injuries and the manner in which the assault was conducted.
Penalties for misdemeanor assault with deadly weapon conviction are the following:
Penalties for felony assault with deadly weapon conviction are the following:
There are some factors that can increase the penalties beyond this range, such as:
The defendant can be sentenced to up to 9 years in prison if he is convicted of assault using a semiautomatic firearm such as a rifle or handgun.
The defendant can be sentenced to up to 12 years in prison if he is convicted of an assault using an automatic weapon such as a .50 BMG rifle, machine-gun or an assault weapon.
The defendant can be sentenced to up 12 years in prison if the victim was a police officer or firefighter on duty at the time the assault took place.
A felony conviction under PC Section 245 can also result in a “strike” for the purposes of California’s “Three-Strike” law. Three strikes on defendant’s criminal record mean that he can be sentenced to life in prison without parole. Are you in need of a criminal defense attorney in California? Get in touch with KAASS Law if you would like us to take a look into your criminal matter.
According to California Penal Code Section 485 (PC-485) it is unlawful to take lost property while knowing the identity of the owner or having ability to pursue information about who the property belongs to.
Prosecutor must establish the following elements to prove that the defendant is guilty of unlawful appropriation of lost property under PC Section 485.
There are two ways of the lost property possession: actual possession and constructive possession. Person has an actual possession when he physically possesses the property. Constructive possession means that a person doesn’t physically posses the property but he holds control and ownership of it.
When a person loses his property it does not mean he relinquishes control or ownership over, unless he intended to abandon it. A person retains his constructive possession of the property while another one gets actual possession of that property. The actual possession can be legal or illegal. The actual possession of property is legal when a person who takes it makes reasonable efforts to find the rightful owner. The possession is considered unlawful in case the person keeps the property without undertaking any actions to return it.
According to California Penal Code 476a it is illegal to make, attempt to make, write, pass, and attempt to pass, posses, use or attempt to use an altered, fake or forged check in order to defraud another person or businesses.
Prosecutor must establish the following element to prove that the defendant is guilty of passing bad checks:
Attempt to use a check means representing it as a genuine or real. The representation or statement can be made by conducts or words and can be made directly or indirectly.
According to California Penal Code Section 288.3 (PC-288.3) it is illegal to contact, communicate with, or attempt to contact or communicate with a person, while knowing that person is a minor, with intention to commit any of the following offenses:
Under California Penal Code 21510 it is criminal offense to carry a switchblade knife on one’s person, possess in the driver’s area of a vehicle in a public place, sell or offer to sell or provide a switchblade to another person.
PC Section 21510 makes it illegal to:
Prosecutor must establish the following elements to prove that a defendant is guilty of carrying or providing a switchblade.
According to California Penal Code Section 290 a person convicted of sex crimes and some certain other crimes is required to register as a sex offender with local authorities. Failure to register as a sex offender is considered a separate criminal offense which results in additional prison sentences.
The prosecutor must establish the following elements to prove that the defendant failed to register as a sex offender
Under Penal Code 290 PC the person declared a sex offender must register his identifying information with local law enforcement as long as he lives, works or attends school in the state of California. The registration must be register within the five days of his birthday and any time the person moves to a new residence.
According to California Penal Code 404 a riot is defined as any use or threat to use of force and violence, accompanied by immediate power of execution, by a group of at least two or more people acting together without authority of law
Prosecutor must establish the following elements of the crime to prove that the defendant is guilty of inciting a riot.
Intention is the main element of the crime, so defendant only needs to intend to cause a riot to be found guilty of this crime. Defendant can be charged if he urged others to commit forceful violent or destructive acts while there was an immediate danger of a riot. To prove the crime of inciting a riot the prosecutor does not have to prove that any riot actually happened. Under PC Section 404a defendant can be charged with inciting a riot even if the destruction, violence, rioting, or burning didn’t occur.
According to California Penal Code Section 415 the crime of disturbing the peace occurs whenever a person unlawfully fights or challenges another one to fight in public; intentionally disturbs another one with loud and unreasonable noise; or, uses offensive words to provoke violence in public.
Fighting or challenging another person to a fight in a public place
The prosecutor must establish the following elements to prove that defendant disturbed the peace by fighting or challenging another person to a fight in a public place:
Intentionally disturbing another person by loud and unreasonable noise
The prosecutor must establish the following elements to prove that defendant disturbed the peace by intentionally disturbing another person by loud and unreasonable noise:
California Penal Code Sections 484e, 484f, 484g, 484h, 484i and 484j define and punish the crimes that comprise credit card and debit card fraud and specifically prohibit forging, altering, stealing, counterfeiting or publishing information about credit or debit cards.
PC Section 484e covers the acts of stealing, transferring or acquiring another person’s credit/debit card or account information without the cardholder’s consent.
PC Section 484e is a “wobbler” offense and can be charged as either a misdemeanor or felony depending on the case facts and defendant’s criminal history.
Under California Penal Code 529 False Impersonation it is illegal to impersonate another one, by using his name, in an effort to cause harm to that person or to unlawfully gain a benefit.
Prosecutor must be able to prove that the defendant falsely impersonated another one through one of the following actions:
According to California PC Section 529 beyond merely falsely impersonating another person defendant must also commit an additional act. The act can be signing another person’s name or booking photos or prints taken at the police department.
Legal Defenses to PC 485 charges
Knowledge means that defendant actually knew who was the rightful owner of the property, had an ability to find him through an investigation and made a reasonable attempt. A “reasonable attempt” is a question of fact which depends on the specific circumstances of the case and is determined by the jury. Thus for convicting a person in appropriation of lost property under California PC Section 485 prosecution must prove that the defendant had knowledge about the owner or had means of inquiry to find him.
Defendant is not guilty of this offence in case he used the property for a time before returning it to the legal owner. Defendant must have intent to permanently deprive the owner of its value or enjoyment of the property. But in case he returned it or undertook some efforts to find the rightful owner, he is not guilty under PC Section 485. However the defendant can be civilly liable for depriving the owner of its value or enjoyment of the property or damaging it. Penalties for Violating California Penal Code 485 Appropriation of lost property can be filed as an infraction, a misdemeanor or a felony. Charges depend on lost property value. In case the value is more than $950, the offense qualifies as a grand theft, which is a wobbler and can be prosecuted as either a felony of misdemeanor, depending on the defendant’s criminal history and the case circumstances.
Penalties for misdemeanor Penal Code 485 conviction include the following:
Penalties for felony Penal Code 485 conviction include the following:
If the total value of the lost property is $950 or less, the offense is classified as petty theft which is prosecuted as a misdemeanor with the following penalties:
If the defendant has no criminal history and the case circumstances are not that serious he can be charged with an infraction, with no jail time and the fine of up to $250 fine. Are you in need of an experienced lawyer in Los Angeles who can help your court case obtain positive results? Our attorneys at KAASS LAW can provide you with the services you require. We specialize in multiple practice areas of law. Get in touch with an attorney near you to go over the details of your specific situation.
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The prosecutor must prove the defendant’s intentions to defraud the recipient of the money or other property. Defendant doesn’t necessarily must be successful in his attempt to be considered guilty.
Some legal defenses to Penal Code 476a are as follows:
In case the defendant didn't willfully write, deliver or attempt to use a bad check, he can’t be found guilty for violating PC Section 476a. Thus if the defendant only wrote or delivered the check because he was coerced into doing so by fraud or threats of violence then he hasn’t willfully violated California's bad checks law.
A conviction for this offense cannot be obtained in case the defendant can prove that he had reasonable knew he had an overdraft protection or honestly believed he had enough funds to cover the check.
If you or a loved one have been arrested or charged for Penal Code 476a Writing or Passing Bad Check and seek aggressive defense, we invite you to contact our Glendale criminal defense lawyer for a free consultation. https://www.youtube.com/watch?v=3GdwWBNuBqo
Prosecutor must prove the following elements for convicting the defendant of Penal Code 288.3
A minor is a person under the age of 18.
For purposes of California PC Section 288.3, contacting or communication with minor can be direct or indirect. Defendant can personally contact with the minor or through any print medium, through the mail, by postal service or common carrier, through email or the internet and other means of communication. Under California law it is a crime either to contact or communicate or to attempt to contact or communicate with a minor. This means that crime is considered committed merely by sending the communication, regardless of whether the minor receives or responds to that communication.
No intention to commit a crime Defendant should not be convicted under PC Section 288.3 unless the prosecutor can prove that he actually had intention to commit one of the mentioned above sex crimes. Defendant reasonably believed that the person was not a minor In case the defendant can prove that he actually and reasonably believed the person he contacted with was over 18 years this could be a valid legal defense. For example defendant could have met a minor in a place where only persons 21 or older are allowed to be admitted.
A conviction for contacting a minor with intent to commit a felony is punished by the same penalties prescribed for the underlying offense defendant is alleged to have intended. The potential penalties include:
In case the defendant has previous conviction of PC Section 288.3 PC then for any future violations the prison sentence will be increased to an additional and consecutive 5 years. Additionally, for a conviction under PC Section 288.3 PC defendant will be required to register as a sex offender under California Penal Code 290. Are you or a loved one in need of attorney services involving a PC-288.3 charge? Our attorneys at KAASS LAW will be happy to help.
California Penal Code Section 17235 defines switchblade knife as following:
There are many types of knives that can qualify a switchblade, such as gravity knives, butterfly or batanga knives, spring blades and snap blade knives. A “switchblade knife” does not include a type of knife that can be opened with one hand by putting thumb pressure on a stud which is attached to the knife.
California PC Section 17235 provides an exact description of a switchblade and in case the knife lacks the characteristics of the legal definition, defendant can’t be held criminally liable. Lack of knowledge of presence Defendant must be aware of carrying a switchblade on his person or vehicle. In case he didn’t know that it was in his bag or car then this defense can be applicable. The burden of proof is on the prosecutor, but defendant will have to show some evidence that the bag, coat or car belonged to another person.
Under Penal Code 21510 Carrying a switchable is a misdemeanor and can be punished by:
Defendant is more likely to be sentenced to jail time instead of probation in case the following aggravating factors are present:
Related Offenses
If you or a loved one has been charged with Penal Code 21510 carrying a switchblade we invite you to contact our office for a free consultation with a skilled and experienced Glendale criminal defense lawyer.
Some of the most common sex crimes that lead to the lifelong requirement to register as a sex offender are the following:
The penalties for violating California PC Section 290(b) depend on the underlying offense which led the defendant to register as a sex offender. The defendant will face misdemeanor conviction in case he was required to register based on a conviction for a misdemeanor sex offense and had no prior convictions for failure to register as a sex offender. The defendant will face felony conviction in case his prior sex offense conviction was a felony or he has one or more prior convictions for this offense.
Potential penalties for misdemeanor Penal Code 290 (b) conviction include
Potential penalties for felony penal code 290(b) conviction include the following
Moreover, each time a person failures to register under The Sex Offender Registration Act it is treated as a continuing violation and can result in additional time in state prison. Failure to register, in case the underlying crime is a felony, is considered a Strike and if a defendant has a prior Strike, the potential sentence is thirty two months to six years in California state prison. In case the defendant has already two Strikes and fails to register he will get the third Strike with the potential sentence from 25 years to life in California state prison. Our attorneys at KAASS LAW can provide you with any type of legal services you need.
In case the defendant did not intend or did not think that his words would provoke acts of force, violence, destruction, burning or rioting he can’t be found guilty of inciting a riot.
Everyone has the right to free speech, and in case the defendant urged the people to participate and exercise their rights to free speech, but did not call them to commit a destructive or violent act then he shouldn’t be convicted.
Defendant urged the people to act, but the circumstances were such that he reasonably believed there was no present, clear or immediate danger of a riot. In case there was no immediate danger of riot then defendant should not be found guilty under PC Section 404a.
Under California PC Section 404.6(b) inciting a riot is classified as a misdemeanor with the following penalties:
Inciting a riot in a state prison or in a county jail is a misdemeanor but in case the riot results in anyone suffering great bodily injury, the crime can be enhanced to a felony, punishable under California PC Section 1170(h) with the sentence of 16 months, two or three years in a county jail.
Have you been arrested for crimes involving a riot? A Glendale criminal defense lawyer from KAASS LAW can provide you with legal assistance.
Using offensive words to provoke violent reaction in public
The prosecutor must establish the following elements to prove that defendant disturbed the peace by using offensive words to provoke violent reaction in public:
“Offensive words” are determined on a case-by-case basis. Words that are profane, vulgar, abusive, rude or disrespectful by themselves can’t result in a disturbing the peace charge. The words must have been told in a way to provoke a violent response.
Defendant didn’t act intentionally
In case the defendant did not act maliciously, willfully, with intention of inciting violence and he reasonably believed that his words won’t provoke a violent reaction, he can’t be found guilty of disturbing the peace.
Defendant was acting in self- defense
In terms of unlawful fighting, defendant can’t be found guilty of disturbing the peace in case he was acting is self-defense or in defense of another person.
Defendant was falsely accused and wrongly arrested
There are number of reasons when a defendant can be falsely accused of disturbing the peace. These usually arise in the context of fights with neighbors, domestic disputes or fights with drunk people, who claim that defendant took a swing at them or challenged them to a fight.
Defendant was engaged in a constitutionally protected activity
In case defendant’s speech or conduct was protected by the right to free speech under the First Amendment to the US Constitution he is not guilty of disturbing the peace.
Penalties for violating California Penal Code Section 415
Under PC Section 415 disturbing the peace is a wobbler offense, and can be brought as either an infraction or a misdemeanor, depending on defendant's criminal history and the case facts.
Infraction
In case the defendant pleads guilty to an infraction he must pay a fine of up to $250.
Penalties for disturbing the peace on school grounds
In case the defendant disturbed the peace on school ground and was not registered as a student or employee at that school he will get a misdemeanor conviction.
If the defendant had previously committed this offense or any other criminal offenses that took place on school grounds he can face:
If you have been arrested for disturbing the peace, a California criminal defense attorney from KAASS LAW can provide you with legal assistance.
Felony conviction is likely in case the defendant used the card or its information and acquired property or goods worth more than $950, which is grand theft.
PC Section 484f covers the act of forging credit card information. Defendant can be convicted in case he altered or counterfeited a credit card, or forged a signature on it.
Penalties for violating PC Section 484e
PC Section 484 e is charged as either a misdemeanor or felony pursuant to PC 470 California’s forgery law.
PC Section 484g involves using a fake, stolen, altered, forged, revoked or expired credit card to procure goods or cash while knowing that it is not valid.
This crime takes place when a retailer knowingly accepts payment through a stolen, revoked and expired credit card. Retailer can also be charges under PC 484h when he presents a fake evidence of a transaction for services or goods that were never delivered.
California PC Sections 484g and 484h are treated like petty theft misdemeanors in case the total amount of stolen funds is $950 or less, punishable by six months in a county jail. In case the total amount of stolen funds exceeds$950, the offenses are treated like grand theft and are “wobblers” which can be punished by up to three years in a prison.
This crime involves:
Defendant will face a misdemeanor conviction for possession of an incomplete credit card with intention to complete it, punishable by:
In case the defendant changed the card or information contained within the card then the crime becomes forgery under Penal Code Section 470.
If defendant is convicted for possession of tools for making counterfeit credit cards, he will face a wobbler.
This crime involves deliberately sharing credit card information, including PIN numbers, passwords or other private account information with intention to defraud an entity or person.
PC Section 484j is a misdemeanor, punishable by:
Are you in need of an attorney in Los Angeles, CA? A Glendale criminal defense lawyer at KAASS LAW can provide you with the legal assistance you require.
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Several offenses related to PC Section 529 can be charged instead of or in addition to a charge of false impersonation. These include:
In case the person was just someone totally fictional, the defendant cannot be convicted of this crime. Though, defendant can be liable for providing false information to a police officer.
Defendant didn’t create any liabilities for another person, or didn’t gain any benefits
The defendant can’t be convicted of this crime in case his actions didn’t create any legal or financial liability for another person or create any kind of benefit for him.
False impersonation is considered a “wobbler” and a prosecutor can choose to charge it as either a misdemeanor or a felony, depending on the defendant's criminal history the nature of the allegations;
Penalties for Felony Conviction Are the Following:
A criminal defense lawyer at KAASS LAW can help provide you with the legal assistance and defense for Penal Code 529 False Impersonation charges. Contact our attorneys today for a free consultation.