Under California Penal Code 21a and 664 (PC- 21a) and (PC-664)an attempt crime is an act of intending to commit a crime and taking direct but ultimately ineffective steps toward committing that crime.
According to Judicial Council of California’s Criminal Jury Instructions prosecutor must establish the following elements for proving that defendant attempted a crime:
Specific Intent
Defendant can’t be found guilty of a crime of attempt unless it can be proven that he had a specific intent to commit the underlying crime. Defendant can commit the crime of attempt even if he has changed his mind before actually completing the crime.
Direct step requires more just preparing or planning to commit a crime, or obtaining or arranging for something needed to commit crime.
A direct step goes beyond preparation and planning and shows explicit and definite intent to commit a crime. It is not a simple desire to commit a crime; it must be an obviously evident step toward the commission of the crime that would have come to fruition. In case the plan is abandoned at any time before the direct step, the defendant cannot be found guilty.
Under California PC defendant is guilty of conspiracy when:
Subsequently, conspiracy requires an agreement with another person while there is no such requirement in an attempt crime. And the “overt act” does not need to be as a direct step toward committing the crime, it can just be an act of preparation to commit a crime.
Common attempt crimes in California:
Under California PC Section 664 attempted crime can be charged as either a misdemeanors or felony offense, depending on the underlying crime. Potential penalties for most attempted crimes include:
The general rule is that the maximum sentence for an attempted crime depends on the maximum sentence for the crime the defendant is alleged to have attempted.
Here are few exceptions to the rule:
Have you been arrested for a crime in or around Los Angeles County, California? If so, a Glendale criminal defense lawyer from Kaas Law can provide you with legal assistance today.
According to California Penal Code 245.6 (PC-245.6) it is illegal to participate in initiation activities that are likely to cause serious bodily injury to a current, former or prospective student.
The law applies to any student body or student organization regardless of whether it is officially recognized by an educational institution or not.
The following elements of the crime must be proven by a prosecutor.
Hazing must be a part of an initiation or pre-initiation ceremony and must be focused either on people seeking membership to the group or on people who have just joined the group.
According to California Vehicle Code 14601 (VC-14601), it is illegal to knowingly drive a motor vehicle at any time while the license or driving privileges are suspended or revoked.
Prosecution must establish the following elements to convict the defendant of driving with a suspended license
Prosecutor can prove the knowledge of suspended or revoked license in case the following is true:
According to California Penal Code 26500 (PC-26500), it is illegal to sell, lease or transfer a firearm without a valid license.
The prosecutor must prove the following element for convicting a defendant under California Penal Code Section 26500:
Definition of firearm under PC 16520 include the following
Under California Penal Code Section 182 conspiracy is an agreement between two or more people to commit a crime and an action taken by one or more parties of a conspiracy in furtherance of the criminal objectives of the conspiracy.
Prosecutor must prove the following elements for convicting defendant in conspiracy:
The overt act is an act that is completed in order to help the group to accomplish the agreed upon crime. The act should be performed after the defendant entered into the agreement and before the crime is completed.
The overt act is something more than the act of planning or agreeing to commit a crime, but it is not a crime itself. The overt act can be something as trivial as renting a car, writing a letter or making a phone call.
Criminal Liability under Penal Code Section 182 are as follows
According to California Penal Code Section 69 resisting an executive officer is illegal.
Furthermore, it is illegal to attempt, by means of any threat or violence, to prevent or deter an executive officer from performing his duty or intentionally resist, by the use of violence or force, such officer in performance of his duty.
Though the crime is closely related to the crime of resisting arrest under PC Section 148(a), resisting an executive officer is considered a much more serious crime in California. Unlike resisting arrest PC 69, resisting an executive officer requires actual violence or a threat of violence.
Resisting an Executive Officer covers two different offenses including
According to California Penal Code 273a, child endangerment is crime that involves putting a child into a dangerous situation or allowing another person to do so, without taking reasonable steps to protect him from injury and harm.
Prosecutor must establish the following elements to prove that defendant committed child endangerment.
Willfully means on purpose or willingly. It does not necessarily mean that defendant specifically had intention to cause harm or violate the law
Unjustifiable physical pain or mental suffering is pain or suffering which is not reasonably necessary or excessive under the circumstances.
California Penal Code 422(a) prohibits any person who intentionally threatens to commit a crime that will result in great bodily injury or death to another, with the specific intent that the statement is to be taken as a threat, even if the person does not have actual intent to carry it out. Previously this offense was called “terrorist threats,” though it can include any threats of harm or violence.
Prosecutor must establish the following elements for proving that the defendant is guilty of making criminal threats:
According to California Penal Code 136.1 it is illegal to prevent or to attempt to prevent any witnesses or victims of a crime from testifying or reporting or about the crime.
Prosecutor must establish the following elements for proving an allegation of intimidating a witness or victim under Penal Code 136.1:
Defendant acts maliciously when he illegally intends to harm, annoy or injure another person in any way, or intends to interfere in any way with the orderly administration of justice. In regards to PC Section 136.1 prosecutor must prove that defendant acted with the intention of dissuading a witness or victim from reporting or testifying or a crime. In case the victim or witness is a family member and defendant dissuaded them for their own protection, then PC Section 136.1 PC stipulates that the court must assume that defendant didn’t act maliciously.
Under California Vehicle Code 2800.1 evading arrest is defined as attempting or actively running away from a police officer that has made clear his intentions to arrest you.
The prosecutor must establish the following elements in order to convict a defendant of Vehicle Code 2800.1 evading a police officer:
And all of the following were true:
In case all other elements are met the following hazing actions can be considered criminal:
Serious bodily injury
Under California criminal law “serious bodily injury" is a serious impairment of physical condition. Examples include, but are not limited to:
Activities that result exclusively in embarrassment or emotional injury do not count as hazing under Penal Code Section 245.6.
Penalties for violating California Penal Code Section 245.6 are as follows
In California law crime of hazing is considered a misdemeanor offence when it does not actually result in serious bodily injury to anyone. The penalties are the following:
In case hazing has caused death or serious bodily injury, then everyone who personally participated in the crime of hazing can be charged with a wobbler. Prosecutor can choose to charge it as either a misdemeanor or a felony, depending on the defendant’s criminal history and the case facts.
Penalties for hazing as a misdemeanor will be the same as above mentioned.
Penalties for Felony conviction of Penal Code 245.6 include
Juvenile Court System
Because hazing takes place in a school setting usually the defendants are under the age of 18, and instead of being tried in criminal courts their case will generally be handled in the California juvenile court system. The penalties for a person under the age of 18 are less harsh and are aimed more to rehabilitate him rather than punish. Potential penalties for a juvenile offender are the following:
Have you been arrested for hazing? If you are in or around Los Angeles County, a Glendale criminal defense attorney at KAASS LAW can provide you with legal assistance.
California statutes on driving with suspended or revoked license include the following
Under this section it is illegal to drive on a revoked or suspended license due to alcohol or drug abuse, mental or physical liability, reckless driving, or being declared an incompetent or negligent driver.
Penalties for first offense for violating Vehicle Code Section 14601
Penalties for Second Offense Under Vehicle Code Section 14601
Under this section it is illegal to drive on a suspended or revoked license when defendant knows about the suspended or revoked license for any reasons that are not mentioned in sections 14601(a), 14601.2 or 14601.5 of the Vehicle Code.
Penalties for first offense:
Penalties for second offense within 5 years
Under this section it is illegal to drive on a suspended or revoked license because of a DUI conviction.
Penalties for first violation offense under Vehicle Code Section 14601.2 include the following
Penalties for second violation offense under Vehicle Code Section 14601.2 include the following
Under this section defendant can be declared a “habitual traffic offender" in case his driver's license was suspended or revoked during a twelve month period and he was convicted or involved in any combination of the following offenses:
Penalties for first offense
Penalties for second or subsequent offense:
Vehicle Code Section 14601.4
Under this section it is illegal to drive on a suspended or revoked license pursuant to 14601.2 and cause injury to a person other than the driver.
Penalties for first offense:
Vehicle Code Section 14601.5
Under this section it is illegal to drive on a suspended or revoked license based on refusing sobriety tests or BAC levels too high.
Penalties for first offense:
Penalties for second offense within 5 years:
Fine from $500 to $2000 plus penalty assessments.
If you are in need of legal assistance with a court case in California, our attorneys at KAASS LAW would be happy to assist you.
These devices include revolvers pistols, shotguns, handguns, rocket launchers, Tasers and flare guns. However, pellet guns, BB guns and unloaded “antique” firearms do not count as firearms for purposes of Penal Code 26500.
People who are prohibited from possessing or acquiring a firearm:
In case a person is prohibited from owning a gun, he is also prohibited from owning ammunition. Person who has a right to own a firearm must also possess a valid firearm safety certificate.
People who are exempt from prosecution under PC Section 26500:
Requirement for obtaining a California firearm license are as follows:
One-year license is on a form prescribed by the state Attorney General’s Office. It must clearly state “Valid for Retail Sales of Firearms” and include an endorsement by the local authorizing agency.
These rules apply to generic firearms and not specific types of weapons such as grenades, destructive devices, machine guns, short-barreled rifles or shotguns and “dangerous weapons” or assault weapons, for which a specific license is required.
Failure to maintain the license can subject a person to revocation of his license. In case person sells, leases or transfers a firearm without a valid permission he will face prosecution for violating California PC Section 26500.
In California the unlicensed sale of a firearm is a misdemeanor with the following penalties:
The punishment is for each firearm the defendant sells without a valid license.
Have you been convicted of a crime related to firearms? If so, it would be a wise idea to face your court case with the assistance of a law firm. If you are located in or around Los Angeles County, a Glendale criminal defense lawyer at KAASS LAW can help you achieve positive results in court.
Under California Penal Code Section 182 there are four types of penalties for different types of conspiracies.
Conspiracy against a government official
In case the defendant is guilty of conspiring to commit a crime against a governmental official he will face a felony conviction, punishable le by five, seven or nine years imprisonment in a jail.
Conspiracy to commit fraud
In case the defendant is guilty of conspiring to defraud or cheat another person out of property or money he will face a wobbler, with either a misdemeanor or a felony conviction, depending on the case facts and his criminal history.
Penalties for Misdemeanor Conspiracy Conviction include the following
Penalties for Felony Conspiracy Conviction include the following
In case the defendant is convicted of committing two or more felonies which have different punishments and the commission of those felonies constitute but one crime of conspiracy, the punishment must be that prescribed for the felony which has the severe sentence.
All Other Acts of Conspiracy
In case the defendant is guilty of any other acts of conspiracy, he will face a wobbler conviction, punishable in the above described manner. The only exception is a conspiracy to commit identity theft where the fine may be imposed to $25,000.
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Each of the two crimes has a separate set of elements that the prosecution must establish to convict the defendant.
The elements of attempting to deter an executive officer are the following:
The elements of resisting an executive officer in the performance of his duties by using violence or force are the following:
For purposes of PC Section 69, force does not need to cause an injury or harm to a person.
Therefore, even touching in an offensive or rude manner will be enough to constitute violence. However, in order for violence to be a PC Section 69 violation, it must actually deter or prevent an officer from performing his lawful duty.
An Executive Officer is any governmental official who is authorized to use his discretion to carry out a lawful duty.
Examples of executive officers include:
The lawful duties of an executive officer’s are those ones that he is tasked with performing as a requirement of his profession.
Defenses for California Penal Code 69 charges include the following
No intent
For convicting defendant of this crime, the prosecutor must prove that he indented to resist or prevent the executive officer from performing his duties. Thus, it a valid defense if there is no evidence that shows defendant's intention when he acted in such manner.
Unlawful conduct
In case the defendant was attempting to prevent an executive officer’s conduct that was unlawful, he can't be found guilty of the offense, as executive officer is not protected while performing unlawful or illegal conduct.
Self-defense
In case the executive officer was using illegal force against defendant, he was entitled to exercise his right to defend himself by using reasonable force.
In California a crime of resisting an executive officer is a "wobbler" which can be charged as either a misdemeanor or a felony, depending on the case circumstances and defendant's criminal history.
Penalties for misdemeanor Penal Code 69 conviction are the following:
Penalties for Felony Penal Code 69 conviction are the following:
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Criminal negligence is more than just inattention or carelessness. Defendant can be found to be criminally negligent if:
Great bodily injury is a significant or substantial injury. Jury determines on an individual case-by-case basis the existence of great bodily injury. It is important to mention that unlike child abuse crime child endangerment crime doesn’t require that a child to actually suffer an injury. Any unjustifiable mental or physical harm to a child can result in a child endangerment charge.
Some examples of conduct including in the child endangerment
The punishment for violation of PC 273 mainly depends on whether or not the defendant's acts created a risk of great bodily harm or death to the child.
Misdemeanor penalties for California Child Endangerment may include:
Felony penalties for child endangerment can include:
Sentencing Enhancements for causing great bodily injury in California child endangerment cases
If you are a loved one has been charged with violating California Penal Code 273a, child endangerment contact our Glendale criminal defense lawyer today at (310) 943-1171 for a free consultation.
The intention to hurt, injure or kill another person is the most important element of the offense. Even if defendant did not have intention to commit the crime, just threatening to cause a serious injury or to kill will be considered enough for being charged with the crime of criminal threat.
Another important element of the crime is fear. According to the law for convicting defendant of criminal threat the victim should be placed in an actual fear and believe that the threat is credible. There should be no criminal threat charges in case the victim never showed any fear or did not appear to be scared.
Though according to Penal Code Section 422 a threat must be “so unequivocal, unconditional, specific and immediate as to convey to the person threatened”, still some specific empty or conditional threats can be qualified as criminal offenses.
To be considered a conditional threat, a threat should be formulated to reflect a certain condition. Conditional threats are considered criminal threats when there is a clear intent and possibility of performing them in case the victims doesn’t meet the stated conditions. For example a threat to kill a person after getting out of prison is a conditional threat.
Under extortion laws conditional threats can be identified as a blackmail or extortion, which can increase penalties for criminal threats.
The empty threats are those ones that the person who is giving them does not intend to perform them but wants to make the victim scare. But in the face of the criminal threats prosecution, it’s irrelevant whether or not the individual has real intention to perform the threat. It is only important that a person conveys the threat in a credible manner so that the victim reasonably believes in it.
Some legal defenses to California Penal Code Section 422(a) charges include the following
In case the victim feels or does not feel threatened but the fear is unreasonable, then the defendant should not be considered guilty of this offense. Threat must be real and reasonable with the possibility to take place. So if it was unreasonable to perform the threat under certain circumstances it doesn’t important whether the victim actually feared a threat or not.
False accusation takes place when defendant is charged of a crime in a dishonest manner. Some people who are spiteful, angry or vengeful are able to falsely accuse another one for punishing him. Usually this kind of situation appears when the threat was verbal with no written or electronic evidence.
Fear is an important element in this crime and in case the defendant’s threat didn’t place the victim in fear then there is no criminal threats violation.
Penalties for violating California Penal Code Section 422(a) can be charged as a misdemeanor or felony. Under Penal Code Section 422 PC criminal threat is considered a wobbler and can be charged as either a misdemeanor or a felony, depending on the case circumstances and the defendant’s criminal history.
Penalties for Penal Code 433(a) Making Criminal Threats for a misdemeanor conviction are the following:
Penalties for Penal Code 433(a) Making Criminal Threats for a felony conviction are the following:
The defendant will receive additional and consecutive one-year in the state prison in case he used a dangerous or deadly weapon for communicating the threat.
Three Strikes Law
Under California’s Three Strikes Law this offense is a strike and can be used to enhance the penalties on future convictions. The defendant must serve at least 85% of his sentence before he will be eligible for release on parole.
If you are a loved one has been charged with violating Penal Code 422(a) Making Criminal Threats contact our Glendale criminal defense lawyer at KAASS Law today at (310) 943-1171 for a free consultation.
It is not important whether defendant was successful in his attempt to prevent, dissuade or intimidate a victim or witness. Even if the defendant’s attempt was unsuccessful he still violated California Penal Code Section 136.1 PC.
In case the defendant used or threatened to use force against the victim or witness, he will be considered guilty. It doesn't matter whether someone actually suffered or not, the crime is concerned with the defendant's acts and not with the result of those acts. If the force was actually used that will be an aggravating factor with additional three to six-year state prison sentence.
“Witness” is a person who is aware about the facts of a crime, whose declaration under oath may be considered as evidence, who has reported a crime, or has been served with a subpoena.
“Victim” is a person against whom a crime is being or has been committed
Penalties for violating California Penal Code 136.1 can be charged as a misdemeanor or a felony and are as follows.
Penalties for misdemeanor Penal Code 136.1 conviction are the following:
Penalties for felonyPenal Code 136.1 conviction are the following:
In case the defendant used or was armed with a gun while attempting to dissuade a witness or victim he will receive additional one to ten-year state prison sentence.
In case defendant is convicted of violating Penal Code Section 136.1"for the benefit of, at the direction of, or in association with any criminal street gang" California's gang enhancement automatically imposes an additional and consecutive seven-year-to-life prison sentence.
If you are a loved one has been charged with violating Penal Code 136.1 contact our Glendale criminal defense lawyer today at (310) 943-1171 for a free consultation.
Evading a police officer is known a specific intent crime, meaning that the defendant must have specifically intention to commit the offense and it is a willful act. In case the defendant fled from the police officer for a reason other than willfully and intentionally disobeying the officer’s orders, then you cannot be found guilty of the offense. The defendant doesn’t need to have intent to break the law, gain an advantage or hurt another person.
California Vehicle Code Section 2800.1 enumerates some specific requirements that a police officer’s car must have. The requirements are the following:
Legal defenses to evading a police officer under VC Section 2800.1 are as follows
No willful intent
According to California Vehicle Code Section 2800.1 anyone who willfully flees or attempts to evade a peace officer is guilty of a misdemeanor. In case the defendant did not intent to evade police officer he should not be convicted of the crime.
Insufficient evidence
Vehicle Code Section 2800.1 requires the police officer be reasonably identifiable by wearing a standard police uniform. Also his vehicle must have distinctive markings, at least one red lamp visible from the front and a siren. If any of these elements are not met the defense of insufficient evidence can be applicable.
In California law violation of VC 2800.1 is charged as a misdemeanor and the potential penalties include:
If you are a loved one has been charged with violating California Vehicle Code 2800.1 contact our Glendale criminal defense lawyer today at (310) 943-1171 for a free consultation.