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.”
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.
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.
Running a business comes with countless responsibilities, and dealing with unexpected property damage is one of the most challenging. Fire, vandalism, water damage, and natural disasters can severely impact business operations, leading to financial loss. In these situations, having a reliable business property damage attorney is crucial. KAASS LAW, based in Los Angeles, has extensive experience in handling property damage claims. Our legal team works with business owners to navigate the complex insurance claim process and ensures they receive the compensation they deserve. We successfully negotiated and recovered $130,000 for a local business's property damage claim. This outcome shows our expertise in securing favorable settlements. Our clients can expect personalized attention and tailored legal solutions to protect their interests. This guide will show how our attorneys can assist you in safeguarding your business after property damage and guide you through dealing with insurance companies.
Time is crucial when dealing with property damage. You must juggle documenting the damages, communicating with adjusters, and resuming business operations. KAASS LAW's attorneys understand these challenges and the specific local regulations that affect property damage claims in Los Angeles and Glendale. We focus on offering high-quality legal services to every client. Our aim is to maximize your recovery so you can get your business back to full strength.
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.
A left turn collision is when a vehicle turning left at an intersection is involved in a collision with another vehicle on the opposite side of the road that is going straight through the intersection.
Under the reasonable person standard, the driver turning left is usually at fault for the accident. This is because a vehicle turning left turning must wait until it is safe to turn.
However, the driver going straight through the intersection may be partially at fault if s/he was speeding or ran a red light. This may also reduce recovery, but not completely. Usually, speeding makes it difficult for the ‘left turning’ driver to judge when it is safe to turn. More commonly, when the light turns red, most drivers will assume it is safe to proceed in making a left turn. This is not the case if a driver runs a red light. However, many times even in these instances, the driver determined “mostly at fault”, is usually the driver turning left.
Under the reasonable person standard, a driver that rear-ended another will almost always be found at fault. One of the main factors insurance adjusters consider during rear end collisions is vehicles must maintain a safe distance behind the cars in front of them at all times. However, if you were breaking and one or more of your brake or tail light bulbs were out or broken, fault can be split between drivers. For instance an adjuster may find the drivers partially at fault or 50/50. If an driver can prove that due to the broken tail light, the driver did not have enough time to respond or had a difficult time stopping. In this situation the amount of money you can recover will be reduced, however, you will probably still be able to get something.
Injuries to the neck, resulting from snapping or jerkin are known as "whiplash". Whiplash describes a range of neck injury 'soft tissue' damages, which is a common result of rear-end accidents. In a rear-end accident, the impact forces the driver's and passengers' bodies to be thrown forward. At the same time, their heads stay in place, causing the neck to suddenly extended, which follows a whip-like motion.
While whiplash and any other types of neck injuries generally occur in rear-end auto accidents, neck injuries and whiplash injuries can also result from different types of accidents and personal injury matters as well. Some types of accidents that may cause whiplash or neck injuries are:
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.
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.
Our experience means we know the common tactics used by insurance companies to minimize payouts. We thoroughly understand insurance policy language, which allows us to fight for your rights.
Business property insurance is a crucial part of any company’s risk management plan. It covers your business's physical assets, including the building, equipment, inventory, and furnishings. When your property suffers damage, insurance should help cover repairs or replacements. Unfortunately, insurance companies sometimes undervalue or deny claims, making it difficult for business owners to get what they need. An experienced property damage attorney can make a big difference. At KAASS LAW, we know the tactics insurance companies use. We understand the language in business insurance policies and fight to get you the benefits you deserve.
Insurance claims can be full of loopholes and technicalities. Our attorneys know how to identify and counter these tactics, ensuring your claims are handled fairly. We are on your side.
Property damage can happen in many ways, and each type of damage requires a different approach. Here are the most common types of business property damage claims we handle:
Fire damage is among the most devastating for businesses. Even if the building remains intact, smoke can destroy inventory, equipment, and documents. Fires often lead to long business interruptions. Recovering your losses fully requires proper legal assistance.
Water damage occurs due to natural disasters, plumbing failures, or leaks. It can harm the building, electronics, inventory, and documents. Insurance companies may claim that the damages were pre-existing or preventable. We ensure that your claim is handled fairly.
Vandalism or theft can lead to serious financial loss. Recovering from these acts is often costly, especially when critical operations are affected. Filing an insurance claim for vandalism or theft requires strong evidence to prove the losses. We assist in compiling the needed proof to get you a fair evaluation.
Natural disasters like earthquakes, floods, and windstorms can cause severe damage. In Los Angeles, earthquakes and wildfires are common risks. Insurance policies can be tricky regarding natural disasters. KAASS LAW attorneys understand these policies and advocate for a fair claim resolution.
Property damage can disrupt normal business operations, causing financial losses. Business interruption insurance aims to cover these losses, but calculating lost income can be difficult. Insurance companies may dispute the amounts. Our attorneys work to calculate the losses and secure fair compensation.
If your business property is damaged, acting quickly is vital. Here’s what you should do:
Contact your insurance company immediately. They must be notified to begin the claims process. Delays in reporting could lead to problems later on.
Take photos and videos of all the damage. Make sure to capture everything, even minor issues. Accurate documentation is essential for filing an insurance claim.
Take steps to prevent further damage. For example, tarp a damaged roof to prevent additional issues. Insurance companies may refuse coverage for preventable subsequent damages.
Before speaking with insurance adjusters or signing paperwork, contact KAASS LAW. We will review your policy, guide you on what to do next, and help protect your rights.
KAASS LAW provides full support to business owners dealing with property damage—from filing the initial claim to final negotiations or litigation. Here’s what we do for you:
Business insurance policies are often complicated, with clauses and exclusions that impact your claim. We help you understand what your policy covers and identify recovery opportunities.
We assist with preparing all documents for the claim, ensuring deadlines are met and evidence is thorough and accurate.
Insurance companies prioritize profit, which often means minimizing payouts. Our attorneys negotiate aggressively for a fair settlement, ensuring you get the financial support to repair your property.
If negotiations do not lead to a satisfactory settlement, we are prepared to take your case to court. Our attorneys will fight for the compensation you deserve.
Recently, KAASS LAW helped a business recover $130,000 for a property damage claim. We are proud of this outcome, as it demonstrates our commitment to getting results for our clients. Although each case is different, our experience gives us an advantage in helping business owners secure the compensation they need.
We understand how stressful property damage is for business owners. Balancing the uncertainty of insurance claims with keeping your business running is difficult. Our lawyers in Glendale, Los Angeles, are experienced and dedicated to providing top-quality legal services. We focus on supporting your business during a crisis and providing legal representation that meets your needs.
If your business has suffered property damage, reach out to KAASS LAW. An experienced attorney will take care of your legal needs and guide you through the claims process. Don’t settle for less than you deserve. Contact KAASS LAW at (310) 943-1171 or email [email protected] for assistance. Let us help you recover and rebuild.
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.
Insurance companies will often classify a rear-end collision as a low impact accident and will attempt to argue that the due to the impact bodily injury damages are minimal, thus offering low ball offers, even if medical reports prove otherwise. However, a typically injury one may sustain from a rear-end collision is whiplash or an neck injury, which may sometimes cause serious soft tissue damage. Some soft tissue damage includes, muscle tissue, ligaments and tendons. These types of damages frequently results in pain, swelling, tightness, bruising, or inflammation. However, these injuries are not always immediately apparent. Thus, injured parties may be offered a low settlement amount. Don't be that guy. Contact our office and receive free no obligation consultation with our Glendale personal injury attorneys specializing in auto accidents.
Address: 701 North Brand Blvd. Suite 100 Glendale, CA 91203 Phone: (310) 943-1171 Email: [email protected]
Many mistakenly believe that whiplash can only occur in high-speed accidents. Low-speed, low-impact, rear-end auto accidents commonly cause whiplash.
Another misconception is that whiplash is a minor injury. However, many medical experts suggest that soft tissue injuries can be severe and have long-term affects if left untreated. It is recommended following an accident, one seeks medical attention or a chiropractor in Los Angeles as soon as possible. If left untreated, it is possible that neck injuries can have serious consequences and cause widespread health problems.
If you were involved in an auto accident, motorcycle accident, pedestrian accident, bicycle accident, or any other personal injury matter, call or contact our personal injury attorneys for a free consultation. Our Glendale personal injury attorney at KAASS Law will review your case and answers any questions you may have.
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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.