Robbery charges under Penal Code 211 PC or any other theft charges such as, California grand theft or petty theft PC 484 and 488 charges is considered as a serious felony-level offense. Under Penal Code 211 PC robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.
Unfortunately, even if a defendant decided to immediately return the stolen property, they may be charged with robbery.
As mentioned above, robbery is a serious crime and, if you're facing robbery charges you must raise the best defense possible. A Los Angeles criminal defense attorney can develop a defense that can potentially either drop or mitigate the charges. For instance, a A criminal defense attorney paints a picture that creates reasonable doubt about whether the defendant had the intent to commit the crime. Some typical robbery defenses include:
If you are facing robbery charges under Penal Code 211 PC or any other theft charges it is imperative to your criminal case that you speak with an experienced Los Angeles criminal defense attorney immediately. Our criminal defense attorneys can help mitigate your robbery or other theft charges. Call us today and schedule an free consultation. We will evaluate your case, determine what defenses may apply to you, and develop a strategic defense for your criminal case. Call now and speak with one of our criminal defense attorneys at (310) 943-1171. We are available 24-hours a day.
For most employment based immigration visa categories (EB-2, EB-3) the employer has to obtain a labor certification from the Department of Labor before submitting the petition for the sponsorship of the foreign employee for permanent residence. If you are an employer or business owner that wants to petition for a employment based sponsorship visa or EB-2 or EB-3 visa contact our Los Angeles immigration attorney.
In California, burglary charges under Penal Code 459 PC, are divided into two categories, first-degree and second-degree. Under to Penal Code 459 PC any burglary of a residence is deemed as first degree burglary. Second-degree burglary is burglary of any other type of structure including commercial or business establishment.
Under California burglary laws, you may face burglary charges by entering a structure through an unlocked door or window. Thus, a judge or district attorney may find you guilty of burglary even if you didn't necessary "break into" the establishment or structure.
Under Penal Code 459, "Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit and or petit larceny or any felony is guilty of burglary.”
Will a Criminal Conviction Affect My Immigration Status? Being convicted of a crime as a non-citizen can lead to serious consequences, including the loss of immigration benefits, deportation, or being placed into removal proceedings. In addition, you may become ineligible for permanent residency or citizenship, face jail time, or be fined. However, the impact on your immigration status depends largely on the type of crime committed. Types of Crimes That Impact Immigration Status There are specific crimes that may affect your immigration status. These include "crimes of moral turpitude" and "aggravated felonies." Generally, U.S. immigration law imposes harsher penalties on non-citizens convicted of aggravated felonies or controlled substance offenses compared to those convicted of other crimes.
The term "crime of moral turpitude" is not clearly defined under the law. Nevertheless, immigration officials and judges rely on case law to classify certain crimes as involving moral turpitude. Essentially, these crimes involve intent to cause harm or commit fraud, and they are considered shocking to public morality.
The Ongoing Wildfire Crisis in San Bernardino County The ongoing wildfire crisis in San Bernardino County continues to devastate homes due to the intensity of the brush fire across the Cajon Pass. This destructive blaze has consumed over 30,000 acres, forcing more than 80,000 residents to evacuate. At Kaass Law, our experienced attorneys support and assist homeowners in navigating their fire insurance claims effectively.
Homeowners in California, particularly in high-risk areas like San Bernardino County, must understand their rights and options regarding insurance coverage for fire damages. If the Cajon Pass fire has affected you, you may qualify for compensation through your homeowner's insurance policy. Coverage might include damages caused by the fire and the impact of smoke, soot, and ash, which can pose long-term health risks if left unaddressed.
Residents in fire-prone areas must maintain sufficient insurance coverage for wildfires. Reviewing your policy regularly ensures that it stays up-to-date and adequate to protect against potential fire-related damages and health risks from pollutants.
California VC 23222(b) driving in possession of marijuana only pertains to marijuana that is not in a concentrated form, such as, hash; nor does it pertain to large amounts of marijuana.
Unlike, California Health and Safety Code 11359 Possession of Marijuana for Sale, which pertains to being caught with a large amount of marijuana in your vehicle. California Vehicle Code 23222(b) punishes those who are found guilty of driving with up to 1 ounce of marijuana in their cars.
Did you know you can become a permanent United States resident by investing money into a US business?
If you are interested in becoming a US permanent resident via EB-5, below are a few things you should now about EB-5 investment program:
The immigrant investor must invest or be actively in the process of investing $1.000.000.
The qualifying amount of investment is $500.000 for targeted employment areas which are rural areas and areas with high unemployment rate. A mere intent to invest or prospective investment arrangements without present commitment will not suffice.
The investment must take the form of contribution of capital that has been placed at risk for the purpose of generating income.
The USCIS rules define capital to include cash, cash equivalents, equipment, inventory, other tangible property, and indebtedness secured by assets owned by the investor. The required investment cannot be made in the form of a loan to the company. The foreign investor also has to show that the invested capital was obtained through lawful means.
According to the United States Department of Transportation, nearly 80 percent of motorcycle accidents are either fatal or cause injuries. Understanding of your rights cannot hurt as much as getting into one. California motorcycle accident laws are very similar to those in other states. There are some differences that are specific to California.
California is the only state that permits lane splitting, “squeezing” in past slow or creeping traffic. California bikers must wear helmets at all times and must carry liability insurance at all times. California bikers must possess a Class M1 or M2 license and pass a skills test. Many times even the most skilled motorcyclist are involved in accident, i.e., motorcycle-auto or motorcycle-truck accidents. There are various causes for motorcycle accident such as:
It is possible that your insurance company uses or has used Colossus in the past to determine how much should they pay you for your injury.
Wait, so you mean a computer decides the value of my injuries? Yes, a computer program computes the value of human injuries. Sadly, many times, these settlement offers are unreasonably low. If you received an unreasonable settlement offer for your damages, you can file a bad faith claim against your insurance company with regards to the use of Colossus. If you believe that you may have a bad faith claim against your insurance company give KAASS LAW a call for a free consultation with a personal injury attorney or accident attorney. Our skilled Glendale personal injury lawyers, insurance litigation attorneys, economists, and negotiators work together to secure fair settlements.
Can you sue the government or city if you were involved in an auto-bus accident? Can a passenger on the bus that sustained injuries and damages sue the bus driver?
Depending on a number of factors, you may be able to file a law suit against the responsible entity. However, if you were involved in an accident involving a public transportation vehicle, such as the Los Angeles Metro or Los Angeles Fire Department, it is vital that you contact a personal injury attorney that specializes in government tort claims because due to special laws that apply to government bodies and employees. If you were involved in an accident with a public transportation vehicle, call KAASS LAW for a free consultation with a personal injury lawyer specializing in government torts. Below are a few steps you take if you were the other car(s) that was/were involved in the accident.
If you have passengers make sure you check to see if anyone needs immediate medical attention.If anyone is injured it’s imperative that you wait for emergency personal to tend to injured passengers.
A U.S. employer, willing to sponsor a foreign employee for permanent residence, has to pay the prevailing wage in the area of intended employment. For that purpose, the U.S. employer has to obtain the prevailing wage determination from the Department of Labor. Employers obtain the prevailing wage determination by submitting an online application which includes the job description, the place of employment, and information about the employer.
After obtaining the prevailing wage, the employer must conduct the pre-filing recruitment in order to find qualified and available U.S. workers. First of all, the employer must place two advertisements on two different Sundays in a newspaper of general circulation in the area of intended employment. In addition, employers, willing to hire for professional positions, must conduct three additional recruitment steps. The additional recruitment steps may include placing advertisements on employer’s website or job search websites, on campus recruitment, job fairs, employee referral programs, radio and television advertisements. Employers must also place a job order with the state workforce agency serving the area of intended employment.
Employers must carefully consider all applicants who respond to the employer’s recruitment steps. Employers must contact all applicants who appear to meet the minimum requirements. Job applicants can be rejected only for lawful and job-related reasons. A detailed recruitment report, explaining why each job applicant was rejected, shall be prepared.
Once the employer has conducted all the required pre-filing recruitment steps, it can file the labor certification application. Labor certification applications are generally filed through the PERM online system, a dedicated Department of Labor website. The application includes information about the offered position, information about the employer and the foreign employee, and information about the pre-filing recruitment steps. The employer cannot attach any documents with the application, however, it might have to send additional documents in support of the application if the case is selected for audit. If the employer gets the labor certification it can file the immigrant petition to sponsor the foreign employer for permanent residence.
Generally, getting the labor certification is the most difficult part in the process of sponsoring a foreign employee for permanent residence. If the employer passes this hurdle the immigrant petition for alien worker is usually approved without complications.
Call our office at (310) 943-1171 request a free consultation with a Glendale Immigration lawyer fast and easy.
Yes, it is possible to reduce your PC 459 burglary conviction to shoplifting conviction under Proposition 47.
If you were convicted of felony second-degree burglary you may be eligible for Proposition 47 re-sentencing from felony burglary to shoplifting misdemeanor. Call our office a schedule a free criminal defense consultation.
As mentioned above, burglary charges in California are divided into two categories, thus a conviction under penal Code 459 depend on whether you are charged with first-degree burglary or second-degree burglary.
In California, first-degree residential burglary are always felony. Additionally, due to California's "Three Strikes" law, a first-degree burglary charge is considered as a "strike". Consequences for first-degree burglary may include:
Unlike first degree burglary, second-degree commercial burglary under Penal Code 459 PC carries lighter penalties. If you are lucky the district attorney or prosecutor will consider charging you with a misdemeanor second-degree burglary charge rather than a felony. However, you can still potentially face an felony second-degree burglary charge. If you are convicted of felony second degree burglary charges you may potentially face:
Call our office at (310) 943-1171 request a free criminal defense consultation. Our criminal defense lawyers in Glendale, Los Angeles County, California, may be able to help defend you and potentially reduce or drop your charges.
Some common examples of crimes that fall under moral turpitude include:
Conspiring to commit a crime or acting as an accessory in certain cases can also qualify as moral turpitude. What Are Aggravated Felonies Under Immigration Law? U.S. immigration law also categorizes certain offenses as aggravated felonies, which often result in severe consequences. These crimes, even if classified as misdemeanors under state law, can lead to deportation and permanent bars from re-entry into the U.S.
Examples of aggravated felonies include:
Non-citizens convicted of these crimes typically face automatic deportation with limited options for relief. Who Determines Whether a Crime Is One of Moral Turpitude? Immigration officials and judges are responsible for determining whether a crime qualifies as one of moral turpitude. They assess the circumstances of the case, the intent involved, and the wording of the penal code or statute in question. Case law also provides important guidance in these determinations. Defending Your Immigration Status After a Conviction It is possible to defend your immigration status even after a criminal conviction. One approach is to argue that the crime does not qualify as a crime of moral turpitude or an aggravated felony. This defense often hinges on the specific language of the statute under which you were charged.
Working with an experienced immigration attorney can improve your chances of successfully defending against deportation. Your attorney will analyze the legal language in your case and help build a solid defense. Can You Apply for a Green Card After a Conviction? Even after a conviction, you may still be able to apply for or renew a green card. In some cases, non-citizens can qualify for a 212(h) waiver, which allows them to apply for a green card despite having committed a crime of moral turpitude.
To qualify for a 212(h) waiver, you must meet the following conditions:
If you meet these criteria, you may still pursue permanent residency. Consequences of a Criminal Conviction on Immigration Status Criminal convictions can have lasting effects on your immigration status, including deportation. Deportation may separate you from your family and your life in the U.S. Certain convictions also make you ineligible for immigration benefits such as asylum, temporary protected status (TPS), or visa extensions. Why Hiring an Immigration Attorney is Crucial Defending your immigration status after a criminal conviction is complex, but an experienced attorney can help you navigate the legal process. They will review the details of your case, explain your options, and create strategies to avoid deportation or other severe consequences. If you're facing deportation due to a criminal conviction, it is crucial to seek legal assistance immediately. Immigration laws are complicated, but with professional help, you can work toward the best possible outcome. Contact Us for Legal Help Concerned about how a criminal conviction might affect your immigration status? Call our office at (310) 943-1171 or email us at [email protected] to schedule a free consultation with our immigration attorney. We will help you explore your options and work to achieve the best possible outcome for your case.
What Does Your Insurance Policy Cover? Many homeowners ask, "What does my insurance cover if there is a wildfire?" Coverage depends on your policy, but most homeowner insurance policies include:
Extreme heat or smoke can compromise your property even if there is no visible damage. A professional inspection after a wildfire is crucial. Smoke and ash can penetrate surfaces, leaving residues invisible to the naked eye but potentially harmful over time. Qualified inspectors can determine the extent of damage and recommend effective remediation techniques.
Insurance companies often send their vendors to assess fire damage, determine the cause, and decide on repairs. This inspection is critical to initiating your claim. If the inspection is inadequate or you disagree with its findings, consulting an attorney may be wise. At Kaass Law, we connect homeowners with experts who evaluate damage thoroughly, identify the true cause, and provide accurate repair estimates. This helps you recover the full compensation entitled under your policy.
Your homeowner’s policy likely includes coverage for your personal belongings. It is essential to maintain an inventory of your possessions, using photos, receipts, or videos. Keeping a record offsite or in cloud storage ensures you don't lose documentation if your home is damaged. Updating your insurance company on major purchases helps maintain an accurate reflection of the value of your belongings.
If a wildfire forces you out of your home, you might wonder, "Will my insurance cover temporary living costs?" Fortunately, most policies cover "Additional Living Expenses" (ALE). ALE coverage includes costs like rent for temporary housing, meal expenses, and storage fees while your home is under repair.
To ensure fair compensation after a wildfire, follow these steps:
At Kaass Law, we help property owners understand their insurance coverage and claim fair compensation after wildfire damage. We guide you through the process of filing and managing fire insurance claims, ensuring your rights remain protected. Contact Us Today If you need help navigating an insurance claim after the Cajon Pass fire, contact Kaass Law today. We assist residents of San Bernardino County in getting the support they need during these challenging times. Contact Information: Please call our office at (844) 522-7752 or at [email protected]. Let our experienced team help you receive the justice and compensation you deserve.
A Los Angeles criminal defense attorney can help you with the sort of legal assistance that you require regarding drug crimes in the county. Our lawyers in Glendale, Los Angeles, CA are here to help understand your legal rights. Please call our office at (310) 943-1171 or contact us via email at [email protected]
The qualifying investment must be in a new commercial enterprise.
An enterprise established after November 29, 1990 is considered a new enterprise even if the investor did not participate in its establishment. When a person makes investment in a business established on or before November 29, 1990 the investment will qualify for E-B5 purposes if the investor establishes one of the following: (1) the investment will result in a substantial change in the business; or (2) the business will be restructured or reorganized.
The investor must be engaged in the management of the company where he invests.
This can be done either through managerial control or through policy formulation. This requirement can be satisfied by becoming a corporate officer or being a member of the board of directors. Maintaining a purely passive role towards the investment cannot satisfy the requirement of USCIS rules.
The enterprise must benefit the US economy by creating full-time jobs for at least 10 qualifying employees.
There is an exception to this rule for troubled businesses where the investment does not have to create 10 new jobs but the investor has to show that the number of existing employees is or will be maintained at no less than the pre-investment level for at least two years.
There is an annual limit of 10000 E-B5 visas per year. Until now the annual E-B5 cap has never been reached.
The investor is initially granted conditional residence for two years.
Prior to the expiration of two years the investor must file a petition requesting removal of the conditional basis of the residence. The investor must show that he still meets the conditions for participation in the program.
Do you need help deciding on what steps to take next? A Glendale immigration lawyer at KAASS LAW can help you out with any sort of legal assistance you require.
It is important for you to protect your legal rights when involved in a motorcycle accident. Never sign a document that is presented to you by the opposing insurance company without having an experienced California motorcycle accident lawyer review it for you first.
Many times, insurance adjusters will offer very low settlement offers. Other times the driver will deny fault and attempt to force the motorcyclist to admit fault. It is important that you consult with an motorcycle accident attorney to help preserve your rights. Call KAASS LAW and schedule you with a free consultation with an experience motorcycle accident attorney.
Our Los Angeles motorcycle accident attorneys represent riders in Glendale, Los Angeles, Burbank, Woodland Hills, North Hollywood, San Fernando Valley, and the surrounding cities.
Rule 23 of the Federal Rules of Civil Procedure: Rule 23 requires the following: (1) the class is so numerous that joiner of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and; (4) the representative parties will fairly and adequately protect the interests of the class. To certify a class under Rule 23(b)(3), questions of law or fact common to the members of the class must predominate over any questions affecting only individual members.”
Depending on the severity of the accident it is important to try to not move anyone because this might aggravate their injuries
If there is significant property damage, physical injury, or death call the police.
If injuries are reported tell the office to write a police report and get the responding officer's name, badge number, and what bureau the officer is employed with.
Like most car accident cases parties will have to prove who the at-fault driver was. Public transportation companies are subjected to “common carrier” law in some states.
“Common carrier” law refers to the higher or highest degree of care that public transportation companies have to provide for their customers. Trolleys, trains, buses, taxis, and even limousines are subject to the “common carrier” law meaning they have a higher duty to act reasonably. Further, if the public transportation driver was found at fault there are special laws and rules that apply to government entities. If the driver/employee of public transportation is found negligence, you can file a claim or sue the city, county or state responsible for overseeing public transportation activities under Government Tort laws.
For instance, the if the accident involved the Los Angeles Metro the responding entity would most likely be the Los Angeles County Metropolitan Transportation Authority.
Six months deadline to properly notify the proper entity overseeing that specific public transportation/bus, in writing of the precise circumstances of your accident.
You may have to file a special form provided by the responsible government agency. If you fail to file a claim with the correct entity within the 6-month statue, you may lose your chances of filing a lawsuit If you properly filed your claim and your claim was denied, it is required by law that you are put on notice of your legal rights regarding the 6-month statute of limitation to file lawsuit for personal injuries and damages sustained. If you have not heard from or unsure about the status of your claim, you may still have 2 years to file a lawsuit against the government entity.
If you are unsure if you have a claim, call KAASS LAW at (310) 943-1171 for a free consultation.