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
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:
Do you or a loved one require legal assistance in California? Get in touch with the experienced lawyers in Los Angeles, CA, at KAASS LAW now.Our law firm takes pride in providing the best services we possibly can for all of our clients.
According to California Penal Code 647.6 it is unlawful to molest or annoy a minor under the age of 18 while motivated by an abnormal or unnatural sexual interest in the minor.
The prosecutor must establish the following elements for convicting a defendant of Penal Code 647.6 annoying or molesting a child
Annoying a child according to California Penal Code Section 647.6 PC meets the following requirements:
Carbon Monoxide, also known by its chemical abbreviation (CO), is a gas comprised of one part carbon and another part oxide. Carbon monoxide is a colorless and odorless gas which exposure can lead to serious illness or death. The most common causes of the wrongful death from Carbon Monoxide poisoning are improperly ventilated generators, stoves, fireplaces and water heaters. According to the California Air Resources Board carbon monoxide poisoning causes death from thirty to forty people each year
The primary law in California which protects victims from Carbon Monoxide Poisoning is California's Carbon Monoxide Poisoning Prevention Act of 2010, which requires carbon monoxide detectors to be installed in every dwelling unit intended for human occupancy. According to the Act all residential property that have a non-electric heater, non-electric appliance or have a fireplace, are required to install carbon monoxide detectors.
All California employers, regardless the number of workers they have, must provide their employees with compensation benefits and pay for compensation insurance. Employers can choose from the State Compensation Insurance Fund (SCIF) or from licensed insurers in the state.
Under California's Workers Compensation Act if an employee has suffered an injury because of his job he can be entitled to benefits. If a person is an eligible employee with a work-related illness or injury, the law requires his employer to pay for medical treatment and partial wage replacement while he is recovering. If an employee wants to get workers’ comp benefits in California it’s under his responsibility to file a claim on time.
In California most common work related injuries are from car or truck accidents, falls, and moving or lifting objects. Almost all injuries related to the job or caused at workplace are eligible for workers’ compensation benefits. The list of injures include:
On February 12, 2019, the Glendale City Council adopted Ordinance No. 5922 which extends the “Just Cause Eviction” Ordinance by adding two new programs. These new programs consist of:
Right to Lease program was created for providing stability and minimizing the effects of displacement caused by extreme rent increases. Right to Lease obliges Glendale landlords to offer current or prospective tenants a written minimum 12 months lease, with an option to renew the lease with an additional year, where the rental rates and any increases during the rental term are set in the agreement. In case the Tenant rejects the offer of a written lease or does not accept the Landlord’s offer within 14 days the offer shall be deemed rejected.
Under California Vandalism Penal Code Section 594(a) it is prohibited to maliciously deface, damage, or destroy someone else's property.
In order to prove the commitment of vandalism, a prosecutor must prove the following elements:
California Penal Code Section 594 applies both to public and personal property that you own jointly with someone else. So you are not allowed to damage, destroy or deface public property, property owned by another individual or even property that you own jointly with another person.
There are many types of vandalism in California, but the most common are: graffiti (any unauthorized drawing or writing on property with any kind of tool), slashing tires or damaging car paint, damaging mailboxes, breaking windows, damaging telephone wires or other public works equipment.
When a gym member experiences an injury at a gym or a fitness center as a result of an unreasonably dangerous condition or some other negligence, he may be able to sue the gym for caused injuries and recover money damages suffered from the gym related injury.
Before filing a personal injury lawsuit several important issues must be considered:
Gym can be liable if the injury is proven to be causes by the facility’s fault. This can be due to construction hazards, faulty equipment, or improper maintenance procedures. The gym has a certain degree of responsibility to ensure the members well being.
Some specific situations or examples when an injured person may sue the gym and seek compensation include:
California Penal Code Sections 451 and 452 address the crime of arson. It is illegal to willfully, maliciously or recklessly burn a property, forest, a piece of land or a structure, or to assist another in committing the same act. A person can also be charged with arson if he set fire at own property in an attempt to commit insurance fraud.
The prosecutor must prove the following element to charge a person under California Penal Code Section 451 “malicious arson”
The prosecutor must prove the following element to charge a person under California Penal Code Section 451 “reckless arson”
HOAs otherwise known as Homeowners Association, will have its own HOA bylaws, rules and regulations, as outline in its Declaration of Covenants, Conditions, and Restrictions, or CC&Rs for short.
The CC&Rs act as the governing documents by which the HOA conducts its business, which is usually to ensure that the properties within the planned community have as high of a market value as possible. However, there are also bylaws to beware of, as there are some key differences between the HOA bylaws and the CC&Rs.
To be clear, the CC&Rs serve as the legal binding document that outlines the guidelines for the planned community, as well as how all of the members within that community should conduct themselves.
CC&Rs are recorded and archived within the county records of whichever county the property is located. Basically, that’s all a really fancy way of saying that the CC&Rs are legally binding and getting out of it is extremely difficult since it gets recorded and reported to county officials. It also goes without saying that upon purchasing a home within a planned community, you automatically become a member of the homeowners’ association there, whether you like it or not.
Put simply, the CC&Rs are the rules of your community. Those can include many differences protocols, regulations, and some of them can be very oddly specific (link here to the previous article).
One of the most frequently-charged drug crimes is possession of a controlled substance, under California Health and Safety Code 11350 Possession of a Controlled Substance. It is prohibited possessing certain controlled substances without a valid prescription. Controlled substance is a chemical or a drug whose possession, manufacture, and use are regulated by the United States "Controlled Substances Act".
Unlike Health and safety code 11365 which governs unlawful use of controlled substance, In order to being convicted of Health and Safety Code Section 11350 Possession of a Controlled Substance, the following elements must be established:
Under the Penal Code Section 647.6, the words “molest” and “annoy” refer to the same behavior and actions.
California Penal Code Section 647.6 classifies annoying a child as a “general intent” crime, so the prosecutor does not need to prove that defendant intended to be sexually inappropriate in his behavior. If defendant’s behavior could irritate or disturb another person he can be convicted of committing this crime. Furthermore the child does not actually need to be irritated or disturbed by the defendant’s conduct. According to PC annoying a child charges are examined by what so called “objective test”, when the court only looks at the nature of the behavior itself, but not the result of the behavior.
According to California Penal Code 647.6 PC it is not necessary that the defendant touch the child’s body. The difference between other sex crimes is that crime of annoying a child can be just by using words that could be construed as annoying.
Driven by sexual interest
To convict defendant under California Penal Code 647.6 PC prosecutor must prove that he didn’t only have committed an inappropriate act towards a minor, but also the act was driven by a sexual interest in a child. So in case the defendant’s behavior was driven by other than sexual interest, then he did not commit an annoying a child crime.
Penalties and punishments for a Child Molestation conviction in California can be tried as either a misdemeanor or felony in Caliofrnia
In situations where the defendant has no aggravating factors, the first offense under PC Section 647.6 PC is a misdemeanor with the following penalties:
California Penal Code Section 647.6 becomes a wobbler in case defendant annoyed a minor after entering inhabited dwelling house, inhabited part of a structure or a trailer coach without consent. If convicted as a misdemeanor under Penal Code 647.6(b), defendant will face the same above mentioned punishment.
If convicted as a felony the punishment will be 16 months, 2 or 3 years in California state prison. If the defendant has prior Child Molestation Conviction under Penal Code 647.6, the conviction will be charged as a felony. Defendant will receive up to three years in California state prison for a second or subsequent conviction for annoying or molesting a child.
In case the defendant has prior felony conviction for certain specified sex offense then violation of Penal Code 647.6 will be charged as a felony, punishable by two, four, or six years in state prison. The list of such offenses includes, but is not limited to:
Probation
If the judge believes that the defendant doesn’t present any danger to children, the punishment can be probation instead of jail or prison time. There are two types of probations the defendant might receive, depending on whether he was convicted of a felony or misdemeanor.
Misdemeanor or informal probation can last from 1 to 5 years, with the requirement to pay fines and do some community service/labor. Additionally, defendant will be required to appear before the judge at specified times.
Felony or formal probation can last from 3 to 5 years, with the requirement to regularly meet with a probation officer, pay restitution to the victim and comply with other conditions. Additionally, the judge can sentence the defendant to 1 year in a county jail. In case the defendant violates the conditions and terms and of formal probation, the judge can place him in a state prison.
Registration as a sex offender
Defendant will be required to register as a sex offender for violating Penal Code 647.6 PC. The information about him and his offence will be available for the public to see on the Department of Justice’s Meghan’s Law website.
CO device is designed to detect carbon monoxide and produce a distinct audible alarm. Carbon monoxide device provides a vital, low-cost and highly effective protection against carbon monoxide poisoning. It can be battery powered or plug-in devices with battery backup. The detector must be certified pursuant to the requirements of Underwriters Laboratories Inc. (UL) and the American National standards Institute (ANSI).
According to California’s Building Code Carbon Monoxide devices are required be installed outside of each separate sleeping area, however for maximum security the State Fire Marshal’s Office recommends to have a CO detector in each sleeping room. CO devices are also required to be installed in garages, basements and on each level of a multi-level home. In hotels, motels, and boarding houses the device must be placed in a sleeping unit that has a fuel-burning appliance. Because Carbon Monoxide is lighter than air and can be found with warm, rising air, detectors must be placed on a wall about five feet above the floor. The detectors can be placed on the ceiling far from a fireplace or flame-producing appliance.
Health and Safety Code Section 17926.1 particularly applies the requirements of the Act to landlords who rent dwelling units to tenants. According to the Act, CO devices shall be operable when the tenant takes possession of the unit. Landlords can enter units for purposes of maintaining or installing CO detectors with notice pursuant to California Civil Code Section 1954. Tenants are required to inform the landlords if the CO device is deactivate or is not operating properly. In case CO device or its batteries were unplugged or removed and the owner was not informed, the owner is not in violation of the law.
Violations of Carbon Monoxide Poisoning Prevention Act can lead to a maximum fine of $200. However property owners will be given a thirty-day notice to correct as a chance to avoid the fine.
Usually the process of filing a workers’ comp claim in California is the following:
According to Labor Code Section 5400 employee must report about the injury to his employer in writing within 30 days of its occurrence to qualify for worker’s compensation benefits. However, according to Labor Code Section 5402 in case the employer obtains information about the injury in some other way (for example from the employee’s supervisor) it is equivalent to written notice. In case the employee failed to report the employer in 30 days he will still be eligible for the recovery unless the delay caused significant negative consequence for the employer.
The insurance company has 90 days for accepting or denying the claim. In case they don’t’ inform the employee of anything within 90 days then the claim is presumed to be accepted.
The insurance company might deny the claim in case:
After learning that the claim is denied the employee is entitled to see a Qualified Medical Evaluator for getting an additional opinion. This is an impartial doctor who is reviewing workers’ compensation claims. In case after the independent evaluation the employee still disagrees with the employer or insurer about a compensation benefits decision, including the claim denial he can file a Declaration of Readiness to Proceed with the Worker’ Compensation Appeals Board (WCAB) within one year of his injury. The employee must serve this form on the insurance company and include a proof of service form. The Appeals Board will hold a hearing and make a decision on his claim.
If a worker is injured and if the employer was not properly insured about the worker’s injury, California’s Uninsured Employer’s Benefit Trust Fund (UEBTF) will step into the place of the insurance company to pay worker’s compensation insurance benefits. The UEBTF will then attempt to recover the money from the illegally uninsured employer.
Rent In case the Landlord and Tenant enter into a written lease with a minimum term of one year, such lease must set forth the amount of the Rent, which may not be changed or modified during the lease year.
Lease Renewal Not later than 90 days prior to the expiration of the lease the Landlord must notify the Tenant of the expiration and offer him a lease renewal with a minimum term of one year. The Landlord’s renewal offer must provide notice of Tenant’s potential eligibility for relocation benefits. Within 60 days of offer receipt, Tenant must either notify the Landlord in writing of his acceptance or reject the offer. Failure to accept the offer in writing shall be deemed a rejection
Future Offers. Any time a Tenant rejects a lease offer or lease renewal offer with a minimum term of one year, the landlord shall be required to subsequently offer a one year lease under the following circumstance: upon the first date the Landlord notices a rent increase after the first year anniversary of the Tenant’s rejection of the prior lease or lease renewal offer.
Just Cause Eviction Ordinance protects tenants from illegal eviction and provides 12 reasons when the landlord can terminate the agreement with the tenant.
If an eviction is not caused by the Tenant’s fault it is subject to relocation assistance under the Ordinance No. 5922
Relocation assistance can be applicable to tenants if they choose to leave after receiving a rent increase over 7 % in 12 a twelve month period. Within five business days after receiving the written notice from the tenant with the intention to leave the rental unit the Landlord must pay the first half of the relocation assistance fee. The second half must be paid not later than in five business days after the Tenant has vacated the unit.
All rental units are covered by the ordinance, except:
For more information concerning the new just cause eviction ordnance, contact our civil litigation lawyers today at (310) 943-1171.
California Penal Code section 594 requires that defendant “maliciously” commit vandalism. If the action was unintentional, accidental or negligent it serves as a valid legal defense.
In case defendant actually owned the damaged, destroyed or defaced property he should not be found guilty or charged with the offense.
In case the “victim” gave his permission to damage or destroy the property, then defendant did not commit the crime of vandalism.
In case the value of the defaced, damaged, or destroyed property is less than $400, defendant can only be charged with misdemeanor vandalism. If the value of property is $400 or more, then vandalism becomes a wobbler and the defendant can be charged with either a felony or a misdemeanor.
Vandalism crimes are generally eligible for a probation sentence.
Probation terms can include restraining orders, repayment of the damaged property, community service, required counseling. Felony probation requires the defendant to check in with a probation officer, whereas misdemeanor probation does not require the supervision of a probation officer.
If the value of the vandalized and or damaged property is less than $400 the penalties for misdemeanor vandalism under penal code 594 is as follows:
If the value of the vandalized and or damaged property is more than $400 the penalties for misdemeanor vandalism under penal code 594 is as follows:
Penalties for felony vandalism under penal code 594 are as follows:
Defendant’s driver’s License can be suspended up to 2 years. In case the defendant has no license at the time, the Court can suspend the issuance of the license for up to three years.
For answers to any other questions you may still have about California Penal Code 594 or to discuss your case confidentially with our team of experienced California criminal defense attorneys.
Give give us a call at (310) 943-1171. Our lawyers in Glendale, Los Angeles County, CA, are highly dedicated to serving the needs of our clients.
Some of the common injuries that gym accidents can cause:
Gym owners must use reasonable care to discover any unsafe conditions; they are also responsible for fixing dangerous conditions and warn the gym members about those dangers. In case a property owner is unable to fix the dangerous condition he must put up a notice or warning of the hazard. A person injured in fitness center may be able to recover damages for medical bills, hospital bills, physical or occupational therapy, medical supplies, lost wages, pain and suffering, lost earning capacity, punitive damages and property damage.
The more popular legal defenses that fitness facilities such as LA Fitness or 24 Hour Fitness may use to defend gym accident lawsuits include the following defenses.
Assumption of risk is a legal defense that makes liable a person who engaged in strenuous physical activity. The gym owners can prove that the victim assumed the risk of injury, knew he could get hurt at the gym and chose to join anyway.
Generally, most gyms and fitness facilities require their members to sign a waiver of liability. While, others gyms or fitness centers may post disclaimers that all members are working out at their own risk.
Moreover, gyms generally include a release of liability waiver within their membership contract which depending on the language ultimately releases the gym and its employees from liability in the event the member suffers an injury and wants to file a personal injury lawsuit against the gym. However, a gym and fitness facility can not completely reveal themselves from absolute liability. The skilled Glendale personal injury attorney at KAASS LAW have been able to successfully sue and recover money damages for injuries suffered at a fitness facility with the existence of release of liability waiver.
In California a victim can sue a fitness center or a gym in California for suffering an injury due to::
As such, a release of liability gym waiver can be considered void if it is overly broad or violates public policy.
In some cases gym accidents are caused by a defective piece of exercise equipment. A part of workout equipment can break and cause a person to lose control of the equipment and suffer an injury.
According to California's products liability law, the company who manufactured, designed, or sold the defective workout/fitness equipment product is liable for caused injuries. The injured person does not have to prove the company was negligent. In product defect cases, strict liability can be imposed for manufacturing defects, design defects, and failure-to-warn defects.
Have you been injured due to a gym accident in California? If so, we invite you to hire our dedicated Los Angeles gym accident lawyers today. You can rely on our experienced lawyer to carefully analyze the facts of your case to prove the facts necessary.
To schedule a free consultation with one of our personal injury lawyers, call Kaass law today at (310) 943-1171 or send us an email through our online appointment form.
The term “structure” includes not only inhabited or uninhabitable residence but also tunnels, bridges, tents and power. The term “property” includes any personal property of another person like furniture, vehicle, clothing etc.
The fire was an accident
If a person can prove that the fire started accidentally, was absolutely an unintended and went out of control, he won’t be considered guilty of these crimes. There are situation when a person unintentionally created high risk of a fire, but was unaware of the risk because was impaired or voluntarily intoxicated (was drunk or on drugs as a result of his own actions). Though the person was incapable of understanding or appreciating the risk that will not serve as a defense to California Penal Code Section reckless burning charge.
Lack of Sufficient Evidence
Most arson cases are built with only on circumstantial evidence, with no witnesses. The physical evidence does not show the person started a fire, this make the prosecutor’s case very difficult to prove.
The fire was not the reason of arson
Before a person can be convicted of arson, the prosecution needs to prove that arson even took place. Arson is a crime which requires very sophisticated technical investigation.
Penalties for California arson charges vary a great deal, depending on: the nature of the burned property, the defendant's criminal history and whether someone was injured as a result of the fire.
Under PC 451 malicious arson is always a felony, punishable by imprisonment in the California state prison. The potential prison terms are:
The defendant can face an additional fine up to $50,000 or twice the amount of expected financial gain from the fire.
For example, the CC&Rs may say that you need to keep your garage door shut or they might forbid you from painting your house a certain color. Basically, the CC&Rs tell you what you can and cannot do with your property because it is in a planned community.
Other things that CC&Rs frequently regulate include:
As you can see, there are lots of things to watch out for in a CC&Rs since they can be so particular about what is and is not allowed. If you don’t heed the rules set forth by the CC&Rs, then the homeowners’ association can fine you penalty fees and potentially even force you to give up the house for frequent violations.
By The Way... Bylaws are Different
So, now that we have gone over what CC&Rs are... It’s time to tackle the other elephant in the room: HOA Bylaws. To do that, we have to first understand what an HOA is and how it is set up. A homeowners’ association is almost always established as a nonprofit corporation so that they can spearhead and manage private, planned communities.
Just as with other corporations, an HOA must be governed by a board of directors whom the members elect and a set of rules called bylaws must be written into effect.
The bylaws state how the HOA conducts its operations and business and they contain all of the information and details necessary to run the HOA as a business. Therefore, just like other businesses and corporations, HOA bylaws discuss matters like:
As you can see, the HOA is filled with bureaucracy and much of its internal processes are very boring and time consuming. Of course, because it needs to be run by the people who are its members, that means that your neighbors within the planned community are all going to be present at these proceedings and meetings.
This can amount to quite a lot of neighborhood drama if people disagree upon which rules or laws to set or remove from the bylaws or CC&Rs. Therefore, as a minimum level of precaution we warn and strongly advise all of our clients who are considering purchasing a home in an HOA community to take some time and to familiarize themselves with both the CC&Rs as well as the bylaws of the HOA so that you can be aware of any neighborhood restrictions and prohibitions.
Contact our California homeowner association lawyer if you have a dispute with your HOA, HOA insurance claims, HOA penalty, adverse action taken against you by HOA for failing to follow California Homeowners’ Associations and CC&Rs, or any other HOA related matter.
We break down the details to you very clearly so you do not fall into a costly trap later and we can also help you fight some of the ridiculously restrictive rules and regulations of some CC&Rs. If you have any questions or concerns surrounding homeowners’ associations and the covenants, conditions and restrictions that they may come with, we highly encourage you to give us a toll free call at (310) 943-1171 to speak to our California homeowner association lawyers today.
According to California Health and Safety Code a "controlled substance" can include a wide range of drugs, including, but not limited to stimulants, hallucinogens, depressants, opiates, cocaine, heroin, methamphetamine, PCP.
There are three types of controlled substance possession: actual possession, constructive possession and joint possession. Actual possession of a controlled substance means having drugs on person with immediate or direct physical control over it. Constructive possession means not having drugs on person but having the authority to control the possession of drugs. This means that the defendant does not need to be caught with drugs in his direct possession in order to be charged under HS 11350(a). Having joint possession means sharing actual or constructive possession with at least one other person.
The defendant is excused from violation of Health and Safety Code 11350 as long as he held valid prescription for the drug and the possession was consistent with the purpose of the prescription. A legal written prescription is given form physician, dentist, podiatrist, or veterinarian licensed to practice in state. This defense won’t apply if the defendant possessed a fraudulent prescription for the drug or was found in possession of more drugs than was prescribed.
Temporary possession will serve as a legal defense in case the defendant possessed the drugs with the aim to dispose or destroy them for terminating its unlawful possession. This defense won’t absolve the defendant from criminal culpability in case he exercise control over the drug but willingly dispose it.
Health & Safety Code section 11350 specifically punishes for the possession of something illegal. Therefore, in case the defendant did not actually or constructively possess the controlled substance then he can't be committed in violation under the essence of this law.
According to Health & Safety Code section 11350 the defendant must be aware of the presence of controlled substance and knew its nature or character as a controlled substance. Therefore, knowledge is an essential part of this crime. In case the defendant wasn’t aware that the possessed drugs were illegal, he must be acquitted of illegal possession
Possession of controlled substances under Health and Safety Code 11350 is misdemeanor. Penalties for conviction are the following:
If the defendant has prior convictions for especially serious felonies, gross vehicular manslaughter while intoxicated, sex crimes against a child under 14, or sexually violent offenses he will face felony penalties such as sixteen months, two or three 3years in prison. Additionally, in case the defendant is not a citizen of the United States, a conviction for possession of illegal drugs can lead to deportation, denial of reentry and denial of naturalization.
For answers to any other questions you may still have about California Health and Safety Code 11350, about being present while controlled substances are used, or to discuss your case confidentially with our team of experienced California criminal defense attorneys, give us a call at (310) 943-1171. Our lawyers in Glendale, Los Angeles County, CA, are highly dedicated to serving the needs of our clients.
[video width="1280" height="720" mp4="https://kaass.com/wp-content/uploads/2019/11/Possession-of-controlled-substance.mp4"][/video]