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 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.
Under California Penal Code 417, it is illegal to draw or exhibiting a deadly weapon in a threatening or rude manner in the presence of another person.
Prosecutor must establish the following elements of the crime are proved for convicting defendant under Penal Code Section 417
Deadly weapon is any instrument, object or weapon that is inherently deadly or one that is used in such a way that it likely to cause great bodily injury or death. Examples of deadly weapons can include razor blades, knives, pipes and attack dogs.
For the purposes of Penal Code Section 417 PC a firearm is any device designed to be used as a weapon, from which a projectile is expelled or discharged through a barrel by the force of an explosion or other form of combustion. Examples of firearm can include rifles, pistols, shotguns and handguns. The displayed or exhibited firearm does not have to be loaded. Defendant can face charges for brandishing a weapon in case he waves an unloaded gun around in a frenzied or angry or manner.
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.
According to California Penal Code Sections 4852.01 - 4852.21 (PC-4852.01) to (PC-4852.21) Certificate of Rehabilitation is a court order that attests to a person’s rehabilitation since his conviction for a particular sex misdemeanor or a felony for which he served state prison time.
Certificate of Rehabilitation doesn’t erase or seal person’s criminal record, but, it does limit the negative effects of criminal record.
Eligibility for getting a Certificate of Rehabilitation include the following
A person wont be eligible for a Certificate of Rehabilitation in case such as
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
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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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.
According to Penal Code Section 417 PC, the defendant must draw or exhibit the weapon in the presence of another person. The defendant can be charged even if he didn’t point the weapon at another one, didn’t fire the gun or the alleged victim didn’t saw the weapon.
Defenses to California Penal Code Section 417 charges include
Under PC Section 417 brandishing a deadly weapon other than a firearm is considered misdemeanor punishable by minimum 30 days and up to one year in a county jail.
There are numerous circumstances that can increase the sentence:
In case the defendant used an unloaded firearm such as a revolver or a pistol to threaten another person in public, the sentence will increase to:
In case the defendant threatened another person with a loaded firearm he will face a felony with 16 months to 3 years sentence in a county jail.
In case the defendant purposely caused injury to another person while committing the crime, he can be additionally charged with:
In case the defendant threatened a peace officer on duty with a firearm he can be charged with:
In case the defendant attempted to resist arrest or help another person to resist arrest by brandishing a firearm he can face a felony, punishable by 2, 3 or 4 years in the state prison.
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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.
OR in case he was convicted of any of the following crimes:
Benefits of Certificate of Rehabilitation include the following
Second Amendment Rights
In case a person was convicted of a felony, he will be denied his Second Amendment rights—the right to posses or own firearms. The only way to restore these rights is a Governor’s Pardon. After getting a Certificate of Rehabilitation a person is eligible to apply for a Governor’s Pardon.
Public Record
A certificate of rehabilitation, unlike an expungement, does not automatically remove person’s conviction from public databases.
Person’s past convictions still counts as a prior offense in case he commits a crime again. Additionally he must disclose his conviction if applying for a job with the State Lottery Commission, if running for public office, or if applying for a professional license.
Depending on the crime the main waiting period is 7, 9 or 10 years.
The process of applying for the Certificate of Rehabilitation in California include the following filing a petition, obtaining a criminal record copy. proving evidence of rehabilitation, and attending the hearing.
According to California Penal Code Section 4852.06 person must fill the petition for Certificate of Rehabilitation in the Superior Court of his current county of residence. Person must notify the district attorney in his county of residence, as well as the district attorney of each county in which he was convicted of a felony. The notice must identify all crimes for which he is requesting rehabilitation.
The court will require detailed information about person’s criminal history and the crimes for which he is seeking rehabilitation. Person can get a copy of his criminal record at the court where he was convicted or at the California Department of Corrections.
Person will have to provide evidence for proving that he has made positive changes in his life. Evidence can include:
If the Superior Court schedule a hearing to consider the petition it will notify the Governor’s office and the district attorney involved in person’s conviction. The judge will consider testimony and presented evidence. This also includes the opposing arguments offered by the state.
Are you in need of legal assistance with receiving a Certificate of Rehabilitation in the state of California? Our lawyers in Los Angeles, California at KAASS LAW can provide you with all the services that you need.
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.
Are you in search of legal assistance? Our lawyers in Glendale, Los Angeles, California, can provide you with services within multiple practice areas of law.