Being an accessory after the fact is illegal under Penal Code 32 PC. Its definition is knowingly harboring, concealing, or assisting a felon in order to keep them from being under the arrest. This is a crime that carries a maximum sentence of three years in state prison.
Under the legal regulations, accessory after the fact means the person who “harbored, concealed or aided" the person who committed the felony to assist him to escape punishment. As a result, the presence of the following factors must be present in order to understand when one can be guilty for committing this violation:
Let’s examine the following situation. In case you hide me in your house after I come and announce that I killed my colleague and lie to the police the next day that you have not seen me, you shall violate Section 32 of the California Penal Code. Other violation will be if you hide the gun by which I shot my colleague. Thus, hiding and/or destroying evidence, concealing the criminal, providing a false alibi, or any other assistance, are examples of actions that an “accessory after the fact” can commit.
Aider or abettor of the crime is one who participates in the crime with the perpetrator. Let’s examine the following situation. You can aider/abettor of the crime if me and you made a pact to murder a third person and you gave me a ride and also gave me the instrument of the crime. The distinction is that you were aware of the crime and had a role to play in it. In the case of Section 32 you became aware of the murder after it had occurred and aided me afterward.
Failure to reveal the crime generally means refusing to give any information about the crime. For example, in case you did not assist me the evening when I committed the crime of killing my colleague, and in the morning refused to tell anything about the crime to the police, this will not mean that you violated Section 32. Even if you were a witness of the crime and failed to speak about it this does not make you a perpetrator-you will be a mere bystander. Thus, while failing to provide any information has no negative implications, in order to be guilty, a person must knowingly help the criminal after the latter has violated the law.
A prosecutor has the option of charging the accessory after the fact with either a felony or a misdemeanor. Depending on the details of the case and the individual's criminal background. In both circumstances, the maximum penalties is $5,000. If the violation is a crime, you can spend up to three years in state prison. If you commit a misdemeanor, you can spend up to a year in a country jail.
In case you or your friend have been convicted for violation of the above mentioned legal regulations, then you may be entitled to compensation. Contact our Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
Penal Code 25859 PC, makes it a crime to carry a loaded firearm in either a public place, on a public street, or in a vehicle in California.
Penal Code section 25859 PC is considered a misdemeanor. Penalties for carrying a loaded firearm conviction include:
Yes, carrying a loaded firearm may be charged as a felony, should any of the following occur:
Penalities for a carrying a loaded firearm felony charges include:
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:
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:
Protection of minor's rights has always been one of the most important goals in any democratic society. Besides insurance of minor's rights, it has also been essential to criminalize and punish perpetrators of sexual abuse. Penal Code defines various types of sexual abuse of minors, including aggravated sexual assault of a child under Penal Code section 239 PC.
The crime defines committing "a certain offense" against a child. Special elements must exist to criminalize the action as aggravated sexual assault of a child. First is the age of the minor- the latter shall be under the age of 14. It means that children aged 14 or older cannot qualify as victims under this section. The second element is the age difference between the perpetrator and the victim. Under Penal Code section 239 the victim shall be seven or more years younger than the perpetrator. If this element is absent, the action will not qualify as aggravated sexual assault of a child. The third is the commitment of “the certain offense”. Not any sexual abuse of a minor under the age of 14 and with 7 or more years of age difference with the perpetrator shall fall under section 239. The listed crimes are rape, sodomy, oral copulation, and sexual penetration. Assaulting a child under Penal Code section 240 removes the third element since it’s not a “certain offense.”
In order to prevent the commitment of new possible crimes in custodial facilities. California Law criminalizes actions of bringing contraband to those facilities. Penal Code 4373.5 PC defines it as a felony to bring contraband into a state prison, prison farm, prison camp, or other custodial facilities where authorities hold prisoners. This applies to any manner, shape, form, dispenser, container, or instrument for injection without proper authority under the facility's rules.
Contraband, under Penal code section 4373.5 PC, are alcoholic beverages and drugs other than controlled substances. Examples of such drugs can be cough and cold medicines, pain relievers, cough suppressants, etc., as well as medication prescribed to treat different medical conditions, such as infections, diabetes.
The main element of the crime is the intent of the person to commit it, in other words, the person shall knowingly bring the contraband to the jail. Let’s consider this example. You bring clothes to the jail, however before you reach the place, someone drops off a small bottle of vodka into the box with clothes. In case you can prove that you were not aware of how the bottle of vodka can appear in her box with clothes, you can be released from punishment. It shall also be considered that prohibitions and sanctions shall be clearly posted near and outside of the detention facilities.
Bump stocks laws are considered to be illegal both under federal law since March 2019 and under California law.
A bump stock is described as:
Thus, with the help of a bump stock, a shooter can shoot almost as fast as in case he uses an automatic firearm. Though it shall also be noted, that bump stocks do not convert semi-automatic guns into automatic ones.
The actions, which are considered illegal, are the following ones:
In order to understand the limitations of the law, it is essential to first understand what is an imitation or fake firearm. The imitation firearm is described to be a device, a toy gun, a replica of a firearm that is
Thus, this is a device that looks really similar to a real firearm and can make the person believe and fear its harm.
Penal Code 417.4 PC is the California makes it a crime for a person to: (1) draw or brandish an imitation firearm in a threatening manner; (2) such that it causes a person to fear bodily harm for himself or another person; and (3) it was reasonable to fear the harm. To convict a defendant for brandishing a weapon or firearm under Penal Code 517.4, the prosecutor must be able to establish the following:
California Penal Code Section 191.5 (PC §191.5) classifies gross vehicular manslaughter while intoxicated as a felony.
To charge a person for this vehicular manslaughter while intoxicated per Penal Code §191.5 PC, the prosecutor must prove the following elements exist:
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
A firearm is defined as, "any device designed to be used as a weapon and from which a bullet is discharged through a barrel by an explosion". Common examples of firearms include:
The law in California deems a loaded firearm if the firearm:
An defendant that has been convicted of felony possession of a loaded firearm is prohibited from acquiring or possessing a gun in California. In other words, an individual will lose their rights to own and possess a firearm.
Yes, in some instances, there are exemptions that make it legal to carry a loaded firearm. These exemptions include:
If you or someone you know has been charged with carrying a loaded firearm, contact our Los Angeles criminal defense attorneys at (310) 943-1171 for a free consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed.
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.
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.
California punishes aggravated sexual assault of a child as a felony with a minimum sentence of 15 years to life in state prison. The criminal can also face consecutive prison terms, which means that the latter can face sentences under section 239 back to back. A Penal Code 239 PC conviction also requires registering as a sex offender.
Besides the negative reaction of the society and public contempt and hatred, registration as a sex offender interferes with several rights of a person such as the right of freedom of movement, right to privacy, right to work, and several other protected rights by the Constitution. Each State in the US has its separate database for registration of the sex offenders. This means that in case the sex offender changes the state where he lives, he shall each time register in the database of the state he moved to and become subject of legislation of that state concerning sex offenders. Thus, relocation to a new state will not help to avoid the consequences of such registration. The sex offender can also face difficulties in employment. After conviction, there can be limitations to work in certain places which are near schools or kindergartens.
In 2006, California adopted "Jessica's Law", a ballot initiative that prohibits registered sex offenders from living within 2,000 feet of a school, park or similar location where children gather. As such, often times California registered sex offenders may have a difficult time finding suitable tenancy. Thus, besides long imprisonment, registration as a sex offender and remaining as it unless the court determines otherwise, can limit and restrict many of the rights of the offender and leave negative consequences in his life after conviction.
A conviction for aggravated sexual abuse of a child under California Penal Code Section 239 has serious and lasting consequences. Individuals found guilty are required to register with the state as sex offenders. However, the legal and social consequences do not end there 1. Registration as a sex offender significantly limits housing options. Under Jessica's Law, a person on the registry cannot live within 2,000 feet of where children are typically found. As a result, convicted offenders may be denied rental housing. Even in populated areas, it is extremely difficult to find housing. 2. Convicts face employment restrictions. For example, they cannot hold positions that involve working with minors. This includes positions in the following areas:
The existence of a criminal record under article 239 automatically excludes the possibility of employment in government and licensed organizations. that require security clearance. 3. Registering as a sex offender makes it difficult to move to another state. Federal regulations require a registrant to re-register with the appropriate database in the new state within a specified time frame. Failure to do so may result in additional criminal liability. In summary, a conviction under Section 239 not only deprives one of liberty, but also comes with numerous consequences. which limit basic constitutional rights and make further social rehabilitation much more difficult.
If you or a loved one has been charged with Aggravated sexual assault of a child or other related crime, we invite you to contact KAASS LAW at (310) 943-1171 for a free constellation and case review.
Let’s consider the following scenario. You bring ibuprofen to your friend because you are aware that only this pain reliever is effective for him. Then, when charged for violation of Penal Code section 4373.5 PC, you claim that you were not aware that law prohibits bringing to jail this drug and you only had the intent to help your friend. You cannot rely on ignorance of the law because the rule and its sanctions exist outside the jail.
You cannot rely on ignorance of the law because authorities wrote the rule and its sanctions outside the jail. It is punishable in state prison for 16 months or 2 years or 4 years, depending on the circumstances, as well as the criminal history of the person committing the violation. The judge can also award with a felony or formal probation.
Another related offense is the violation of section 4573.6 of the California Penal Code. The section stands for bringing controlled substances to the prison, jail, any detention facility knowingly.
US "Controlled substances act" regulates the manufacture, possession of such controlled drugs. Examples of these are heroin, cocaine, or drugs similar to them. If the violation is charged as a felony and is punishable by imprisonment for up to 4 years in county jail.
If charged under Penal Code 4373.5 PC for bringing contraband into a jail or prison, consult a Los Angeles criminal California Penal Code 4373.5 PC makes it a felony to bring contraband into custodial facilities, aiming to prevent new crimes in jails and prisons.nal defense attorney. For more information contact Los Angeles Criminal Defense Attorney at KAASS LAW. (310) 943-1171 We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205. Additional offices in Los Angeles located at 633 West 5th St 26th Floor, Los Angeles, CA 90071.
Despite the seriousness of the consequences, a defendant has the right to defend himself against the charges. Here are some possible legal strategies: 1. Lack of intent One of the key elements of the crime is the presence of intent to bring illegal substances or items into the prison. If the defense can prove that the defendant did not realize that the item was a prohibited item, this may be grounds for dismissing or reducing the charges. For example, if the defendant was carrying someone else's bag, was unaware of its contents, and had no intent to violate the law. 2. Failure to Give Notice of Prohibitions While ignorance of the law does not absolve one from liability, the defense may allege a lack of proper notice. The law requires that warnings of the prohibitions and possible penalties be posted in conspicuous places on the premises. Failure to post such notices may be used as a mitigating factor. 3. improper handling of evidence As in other criminal cases, any irregularities in the process of:
Can lead to the exclusion of evidence from the case. If the defense can prove that the contraband was seized as a result of an illegal search, it could have a significant impact on the outcome of the case.
Prosecuting these cases is complex and requires a professional approach. A violation of PC 4373.5 can result in lengthy incarceration and a criminal record that will affect:
And other areas of life. If you or a loved one is facing charges under California Penal Code Section 4373.5 PC, it is important to consult with an experienced attorney immediately. The legal team at KAASS LAW is experienced in defending clients charged with smuggling into detention facilities and is prepared to provide a quality defense at all stages of the case.
There are a handful of people and or entities whom are legally allowed to possess a bump stock. The people and or entities whom are entitled to legally possess a bump stock include the following:
It is to be noted that those listed above must have a permit in order to have the right to possess bump stocks.
The offense is a wobbler offense, thus, depending on the facts and criminal history of the defendant, it can be charged either as a felony or a misdemeanor.
The penalties for a Penal Code 32900 misdemeanor conviction include imprisonment in a county jail for a term of up to one year.
The penalties for a Penal Code 32900 felony conviction include imprisonment in a county jail for 18 months to three years.
Since March 2019, bump stocks are considered to be a type of machine gun and are also illegal under Federal Law. Bump stock owners need to destroy them or transfer them to law enforcement agencies. Possessing a bump stock can lead to the following penalties under federal law:
There are some common defenses for Penal Code section 32900, which are possible to use in order to avoid penalties. Examples of such are:
If you or a loved one has been charged with Penal Code 16930 we invite you to contact our Los Angeles criminal defense attorney today at (310) 943-1171 for a free consolation and case review. We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205 with additional offices in Los Angeles located at 633 West 5th St., 26th Floor, Los Angeles, CA 90071.
Among the existence of the above mentioned elements, the prosecutor shall also prove that the person who draws an imitation firearm, does not act in self-defense or does not try to defend another person.
The penalties for brandishing an Imitation firearm in California misdemeanor offense. The penalties for a Penal code 417.4 conviction include:
Having a conviction of brandishing a replica/imitation firearm can also affect your career by causing non-pass of the background check in order to receive professional licenses such as a license to practice for such jobs as nurses, doctors, lawyers, teachers, etc. The conviction can also have negative effects on immigration cases and lead to denial of neutralization and, even, to deportation.
A possible defense for a Penal Code section 417.4 PC offense include the following:
Related offense to Penal Code section 417.4 PC offense include:
These are only several examples of defenses. However, it is better to apply to professional attorneys who will assist you to create the right defense technique for your individual case.
KAASS professional team is ready to give you a consultation and further assistance on your case. If you or someone you know have been charged with brandishing a weapon or firearm, it is critical that you consult with a Los Angeles Criminal Defense Attorney For more information about brandishing a weapon or firearm and schedule your free consultation, contact Los Angeles Criminal Defense Attorney at Kaass Law at (310) 943-1171. We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205 with additional offices in Los Angeles located at 633 West 5th St., 26th Floor, Los Angeles, CA 90071.
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In other words, we may speak of gross vehicular homicide when the driver being under the influence of alcohol or drugs has killed another person without an intent to kill, but the driver has manifested gross recklessness in that situation.
Suppose driver X drives under the influence of alcohol. He tries to make a drift in the motorway. Suddenly the vehicle goes out of his control and flips over. As a result of the accident a passenger dies.
The penalty for gross vehicular manslaughter leads to both criminal and administrative punishment.
For the conviction of an accused under this crime, the prosecutor has to prove all the circumstances mentioned above. Exhibits and expert conclusions can prove points 1 to 4, but point 5 involves a subjective evaluation. So the tactic of legal defense may be constructed over this factor- whether the accused acted negligently? If yes, whether the negligence was gross or not.
It is important to distinguish between vehicular homicide and aggravated vehicular homicide. As a simple example, if a person accidentally hits a pedestrian because he or she didn't see a stop sign, that is classified as vehicular manslaughter. But if a person drives drunk, at a high rate of speed, and breaks the rules for fun - that's PC §191.5. Some cases involving deaths caused by a drunk driver can be classified as Watson murder - that's second-degree murder. The main difference is intent or deliberate disregard of the risk of death. If a driver has already been charged with DUI and has been educated about the risks, a second DUI may result in a Watson murder charge. In such cases, the court finds that the defendant intentionally disregarded the risk of death.
The court looks at many factors:
In addition, if the defendant stayed at the scene of the accident, summoned help and actively assisted the investigation - this may be considered as a mitigating factor.
While the main penalty is imprisonment for 4, 6 or 10 years, there are other consequences:
It's also worth keeping in mind that penalties can be increased for repeat offenses.
Attorneys can use several strategies: - Challenging the presence of gross negligence - Challenging the level of intoxication - Pointing to other causes of the accident - Insufficient evidence of causation A PC §191.5 charge is an extremely serious offense that requires a skilled legal defense. If you or a loved one has been in this situation, it is crucial that you don't waste any time! Contact KAASS LAW.
Black’s Law Dictionary defines the legal concept of ‘gross negligence’ as a “lack of slight diligence or care.” Thus in every concrete case question is whether the slight amount of diligence or care was sufficient in the given situation to prevent the accident. If the required diligence or care was beyond slight, then it amounts to another felony (vehicular manslaughter) leading to a relatively lenient penalty. Facing charges for intoxication manslaughter? KAASS LAW will analyze your case thoroughly and offer the necessary expertise. Call (844)-522-7752 to speak with our experienced 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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