Being an accessory after the fact is illegal under Penal Code 32 PC. Its definition is knowingly harboring, concealing, or assisting a felon in order to keep them from being under the arrest. This is a crime that carries a maximum sentence of three years in state prison.
Under the legal regulations, accessory after the fact means the person who “harbored, concealed or aided" the person who committed the felony to assist him to escape punishment. As a result, the presence of the following factors must be present in order to understand when one can be guilty for committing this violation:
Let’s examine the following situation. In case you hide me in your house after I come and announce that I killed my colleague and lie to the police the next day that you have not seen me, you shall violate Section 32 of the California Penal Code. Other violation will be if you hide the gun by which I shot my colleague. Thus, hiding and/or destroying evidence, concealing the criminal, providing a false alibi, or any other assistance, are examples of actions that an “accessory after the fact” can commit.
Aider or abettor of the crime is one who participates in the crime with the perpetrator. Let’s examine the following situation. You can aider/abettor of the crime if me and you made a pact to murder a third person and you gave me a ride and also gave me the instrument of the crime. The distinction is that you were aware of the crime and had a role to play in it. In the case of Section 32 you became aware of the murder after it had occurred and aided me afterward.
Failure to reveal the crime generally means refusing to give any information about the crime. For example, in case you did not assist me the evening when I committed the crime of killing my colleague, and in the morning refused to tell anything about the crime to the police, this will not mean that you violated Section 32. Even if you were a witness of the crime and failed to speak about it this does not make you a perpetrator-you will be a mere bystander. Thus, while failing to provide any information has no negative implications, in order to be guilty, a person must knowingly help the criminal after the latter has violated the law.
A prosecutor has the option of charging the accessory after the fact with either a felony or a misdemeanor. Depending on the details of the case and the individual's criminal background. In both circumstances, the maximum penalties is $5,000. If the violation is a crime, you can spend up to three years in state prison. If you commit a misdemeanor, you can spend up to a year in a country jail.
In case you or your friend have been convicted for violation of the above mentioned legal regulations, then you may be entitled to compensation. Contact our Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
Fortunately, to qualify as a criminal annoying communication, a phone call, text message, or other communication must be more than just annoying. It must use filthy language or make threats, or it must be part of a series of harassing phone calls. The bad news is that determining what form of vulgar language or threats might lead to criminal liability for irritating phone calls is not always easy. The courts in California are still attempting to figure this out as well. This means that it may be difficult for someone to know whether or not what they're doing is illegal.
Making annoying phone calls and communicating with people is prohibited by law. Let's examine what are the criteria to define that communication is annoying;
We can conclude that there are several types of criminally annoying communication under the law;
Carjacking is defined as seizing a motor vehicle from someone by force or fear, according to California Penal Code 215 PC. Using "force or fear" under this statute entails inflicting physical force or threatening to harm the victim. PC 215 can be charged if the victim is the driver or a passenger in the car, and they do not have to be the owner.
In California, carjacking is considered a felony. If you are convicted of carjacking, you might face a sentence of three, five, or nine years in state prison, and you would have to serve 85 percent of your sentence. Furthermore, under California's Three Strike Laws, carjacking is a Strike offense as a serious and violent felony, and every following felony conviction would be doubled. Carjacking is considered a crime of moral turpitude, and anyone in the United States on temporary resident status, as well as anyone with a professional license, will face urgent deportation procedures. If you are convicted of this felony, the DMV will place severe restrictions on your license.
Penalties for PC 215 carjacking conviction in California carries a:
Making a false report of fire is governed under Penal Code 148.4. Under this penal code, it is illegal to do any of the following willfully and maliciously:
The penalties involved in violating the penal code for making a false report of a fire can either be prosecuted as a felony or a misdemeanor.
Violation of the penal code is considered a felony when an individual willfully and maliciously does the following:
The penalties that an individual would face here are listed under . Additionally, an individual can also pay fines of up to $10,000.
Under Penal Code 246, it is a crime in California to shoot at a house, apartment, building, camper, or any other dwelling or vehicle where there are individuals inside.
No, in order to violate Penal Code 246, the individual has to willfully and maliciously shoot the firearm.
For purposes of Penal Code 246, an individual must have the intent to do a wrongful act with the intent to injure, disturb, or otherwise harm another individual.
For purposes of Penal Code 246, an inhabited dwelling is considered any house or building if an individual lives inside the house or building. It is important to note that for purposes of Penal Code 246, it is not necessary that an individual was in fact inside the house or building at the time of the shooting. Thus, it is only necessary that an individual uses the house or building as a dwelling for purposes of Penal Code 246.
According to California Penal Code Section 466, it is prohibited to possess certain tools that experience by law enforcement has shown to be instruments frequently used by thieves for breaking into a home, car, or another structure. It is not unlawful to possess these tools as long as there is no evidence to show criminal intent.
Penal Code 466 lists over 15 kinds of tools that are frequently used to break into any railroad car, building, trailer coach, aircraft, vessel, or vehicle.
According to California Penal Code Section 278, child abduction is malicious taking, enticing, keeping, withholding, or concealing a child with the intention to detain or conceal the child from his legal custodian.
The prosecutor must establish the following elements to prove that defendant is guilty of PC 278 child abduction:
Penal Code section 597 pertains to animal abuse and cruelty. It is illegal under Penal Code section 597 for an individual to maliciously kill, harm, maim, or torture an animal.
The penalties associated with a violation of Penal Code section 597 are treated as a wobbler. In other words, a violation of this penal code can be charged as either a misdemeanor or felony. Should the prosecuting agency decide to treat the violation as a misdemeanor, an individual can face up to one year in county jail and may pay fines of up to $20,000. On the other hand, should the prosecuting agency decide to treat the violation as a felony, an individual may face up to three (3) years in state prison and may pay fines of up to $20,000.
For purposes of Penal Code 597, maiming refers to the act of intentionally disabling or disfiguring an animal in a manner that results in permanent damage. This includes the deliberate removal or permanent impairment of a limb, organ, or any other body part of the animal.
No, an individual may not leave an animal in a hot vehicle. Per California Penal Code section 597.7, an individual may not leave or confine an animal in any unattended vehicle under conditions that endanger the health or wellbeing of an animal due to weather and/or other circumstances.
Per California Penal Code section 597.7, circumstances that may jeopardize an animal’s health or wellbeing include:
Penalties associated with violating Penal Code section 597.7 depend upon whether the animal suffered from great bodily injury. If the animal does not suffer great bodily injury, the individual will likely face an infraction charge and pay fines up to $100. If the animal suffers great bodily injury, the individual may be charged with a misdemeanor and may face up to 6 months in jail and/or pay fines of up to $500.
Mental health diversion is explained under Penal Code 1001.36. In California, a defendant is able to receive treatment if they suffer from a mental disorder. Therefore, people refer to this as a 'pretrial diversion'.
A pretrial diversion postpones a defendant from taking further action on their case so that they may participate in a mental health treatment program. Thus, this allows the defendant to attend treatment and avoid jail time.
The treatments that are available under the mental health diversion can be any of the following:
It is important to note that the judge must approve of the treatment plan the defendant wishes to receive prior to attending.
The treatment the defendant seeks can last anywhere up to two (2) years, which can be conducted either as an outpatient or inpatient treatment.
Besides the above mentioned, the law also qualifies as criminal such actions as not reaching the recipient but leaving a message to call back. In this case, when the recipient calls back and the person uses obscene language or threats in the phone conversation, this will be qualified as a violation under section 653m.
The most important element to criminalize the action is the presence of intent. This means that the person using this language or threatening shall have an intent to annoy or harass the recipient of the communication. For example, in case 2 friends in their usual conversations use “obscene” language. They argue, and after that one of them calls and texts again using this language. The other friend cannot claim that the use of obscene language, which has always been a usual element in their conversations, had the intent to harass him. Let’s also examine another situation. In case me and you have a common best friend and once we make a joke of calling and threatening to kill her the dog, and after several days we tell her about this joke, this will not be qualified as annoying calls and violation of the relevant section, as, there is no intent to annoy or harass our best friend.
The answer is again- the intent. For example, if every week you receive a call from an insurance company offering their new health insurance package, you cannot sue them for making annoying calls as they do not have the intent to annoy or harass you. Calling potential customers is their usual course of business.
Violation of section 653m is considered a misdemeanor. The punishment for such violation can be a conviction of up to six months in a country jail or a penalty in the amount of up to 1000 dollars. The defendant may also be sentenced to misdemeanor probation. As defense tools, it is possible to claim that the intent of communication was not to annoy or harass the person. Moreover, it is also possible to claim that the language was not really "obscene". Don't forget that anyone has a right to freedom of speech by the Constitution. Thus, sometimes, qualification of the communication as having "obscene" language can violate the constitutional right of a person.
Contact our Glendale attorney today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
A carjacking conviction carries harsh penalties and enhancements, as well as a "strike" under California's three-strikes rule, which can be increased if the defendant:
Under Penal Code 186.22 gang enhancement a defendant can be prosecuted under this section if they either participate in a gang while furthering a felony or carry out a crime for the benefit of a gang. As such, a 15 year to life enhancement can be applied if the theft was for the benefit of a criminal street gang.
If a firearm was used during the commission of the carjacking 10 years can be added to the sentence. Although per SB620, such enhancement is left to the judge's discretion.
In the event, someone was harmed during the commission of the carjacking, three (3) to six (6) years may be added to a defendant's sentence. If a gun was discharged during the commission of the carjacking a 20-year sentence can be added.
Since every vehicle theft is a severe issue for the owner, the stakes are significantly higher when the owner is still in the vehicle when the thief acts. Carjacking is defined as the act of depriving the owner of the vehicle while they are still in or near it. However, ejecting the owner is precisely the carjacking issue. Force, the fear of force, or some other form of duress or coercion is required to eject or resist the owner. Owners do not just hand over the keys to their vehicles to criminals. Carjacking is a separate felony in part because it violates the owner's safety and autonomy, as well as the potential of significant injury or worse.
Other carjacking related crimes include:
If you or a loved one has been charged with carjacking under Penal Code 215 PC, we invite you to contact our Los Angeles criminal defense attorney today for a free consultation.
Essentially, violation of the penal code is considered a misdemeanor when an individual does the same acts as listed above. However, the difference here is that there are no deaths or great bodily injury that results from the individual’s acts. The penalties that an individual can face include up to one year in county jail and/or paying fines of up to $1,000.
To do something willfully means that the individual intended to do the illegal act on purpose. Additionally, to do something maliciously means that the individual’s purposeful conduct was intended to either injure, annoy, or otherwise do something wrong.
A Penal Code 148.4 PC conviction can be expunged if it was charged as a misdemeanor. On the other hand, a felony conviction that resulted in serving time in state prison would not qualify for an expunged.
If you or someone you know has been charged with violating Penal Code Section 148.4, contact our Los Angeles criminal defense attorney at (310)943.1171 for a free consultation.
Similarly, as to an inhabited dwelling, an occupied vehicle is considered any vehicle such as a car or camper where an individual lives inside of the vehicle. Again, the individual does not necessarily have to have been home at the time of the shooting, just that the individual uses the vehicle as a place to dwell in.
Penal Code 246 is prosecuted as a felony, where an individual can face penalties including:
However, an individual can face harsher penalties if the victim suffers great bodily injury or in fact dies. Great bodily injury is defined as a significant or substantial physical injury such as breaking a bone or suffering from a gunshot wound.
If you or someone you know is facing charges of Penal Code 246, please contact KAASS LAW at (310)943.1171 to speak to an experienced criminal defense attorney for a free consultation.
The prosecutor must establish the following elements to convict the defendant of possession of burglary tools:
For being charged with possession of burglary tools there must be evidence showing that the defendant not only possessed them, but he also had criminal intent to use them to carry out a burglary. When considering all factors, everything that has been gathered gets taken into account, including physical evidence, witness testimony, and what happened when the defendant was arrested. The intent may be established in case all steps were taken to possibly complete the crime. Intent can be established through what the defendant was wearing at that time, what type of structure he was in when arrested, the hour of the day, types of tools he possessed, and statements he made before the crime.
For being convicted under PC Section 466 it is not enough to have the mentioned above tools in possession or even to alter or make the listed tools. The crime happens when a defendant possesses one or more tools and intends to unlawfully break into a rail car, structure, vessel, or vehicle. In case the defendant didn’t intend to unlawfully enter a vehicle or structure to commit a crime, he can’t be convicted of this crime.
The defendant should not be convicted of possessing burglary tools in case he wasn’t aware that the tools were used or were to be used in a crime of burglary.
All search and seizure operations must be carried out within the boundaries of the law. In case the tools were found during an unlawful search, the defendant may be able to have evidence obtained during the search kept out of court. That can lead to acquittal or dismissal. There are various factors involved that can determine whether a search was lawful or unlawful.
In California possession of burglary tools is a misdemeanor offense with the following penalties:
If you or a loved one has been charged with possession of burglary tools, you should immediately contact an experienced criminal defense attorney today at (310) 943-1171 for a free consultation and case review.
Crimes of child abduction and kidnapping should not be interpreted as the same. Kidnapping is a crime against the kidnapped person while child abduction is a crime against both the child abducted and the parent of the abducted child.
In case the defendant is a lawful custodian of the child, he cannot be found guilty of this offense. A parent entitled to custody cannot be liable for abducting his own child.
Taking a child from a person who is not the lawful custodian of the child is not considered a violation of California PC Section 278. However, depending on the case circumstances, the defendant may face charges for kidnapping.
A child can only be detained or taken in violation of custody or visitation order only if there is a reasonable belief and good faith that the child may suffer bodily injury or emotional harm by staying with a parent or legal guardian. In case the defendant detains a child for protection he must immediately contact the local District Attorney’s Child Abduction Unit and follow reporting instructions for escaping punishment.
California PC Section 278 is a wobbler and can either be charged as a misdemeanor or a felony, depending on the case circumstances and the defendant’s criminal history.
Penalties for a PC 278 misdemeanor conviction include the following:
Penalties for a PC 278 felony conviction include the following:
Additionally, the defendant may be subject to pay restitution to the prosecuting agency, the victim or to any person acting on the victim's behalf, for any costs reasonably incurred in locating and returning the child to the victim.
The court will determine the penalty based on mitigating or aggravating factors presented by the prosecutor.
If you or a loved one has been arrested for Penal Code Section 278, child abduction we invite you to contact KAASS LAW (310) 943-1171 for a free consultation with our criminal defense attorney.
For purposes of Penal Code 597, torture refers to any intentional act, failure to act, or neglect that inflicts unnecessary physical pain or suffering on an animal. This includes actions or omissions that cause harm beyond what is necessary for the animal's care or treatment.
The acts that qualify as acting maliciously for purposes of Penal Code 597 involve an individual intentionally committing a wrongful act with the specific purpose of causing harm or injury. These acts are carried out with deliberate intent to inflict damage or suffering.
A violation of Penal Code section 597 may impact immigration status. California courts rule that serious cases of animal abuse can result in deportation, though this depends on the facts of the matter to determine its seriousness.
Yes, an individual can have their conviction of Penal Code section 597 expunged if they establish the following:
Please note that an expungement for a felony conviction does not qualify for an expungement.
If you facing charges under Penal Code 597, contact KAASS LAW at (310) 943-1171 for a free consultation.
Aggravating factors may include:
These circumstances may influence the prosecutor's decision to classify the offense as a felony. On the other hand, mitigating circumstances may include:
Such factors may contribute to a more lenient sentence. Therefore, it is critical that the defendant consult with an experienced criminal defense attorney. The attorney will help determine whether there are mitigating circumstances in a particular case.
In addition to Section 597, California law provides other statutes governing liability for animal cruelty. 1. Section 597.1 applies when animals are kept in conditions that endanger their life or health. 2. Section 597.5 makes it a crime to participate in the organization or conduct of animal fighting. In addition, when cruelty to animals is accompanied by other criminal acts, such as:
The prosecutor may bring additional charges. This can significantly increase the length of possible incarceration.
A criminal record under Section 597 can have serious consequences for a person's future. In addition to jail time and fines, such an offense can affect immigration status. Serious cases of animal cruelty can be considered "crimes of moral turpitude. This is grounds for deportation.
If you have been charged under California Penal Code Section 597, it is important to seek legal help immediately. Contact KAASS LAW at 844-522-7752 for a free consultation to protect your rights. https://youtu.be/eXyhCCebEZc
An infraction is when there has been a violation of traffic laws, municipal codes, or administrative regulations. The penalties associated with infractions do not include jail time or probation but rather paying fines.
A misdemeanor pertains to criminal charges that carry up to one year of serving time in jail as well as associated fines.
Another individual may remove an animal from a hot vehicle without criminal liability so long as the individual did the following:
A violation of Penal Code 597.7 will not impact the immigration status of an individual.
If you or someone you know is facing charges under Penal Code 597.7, contact our Los Angeles criminal defense attorneys at (310) 943-1171 for a free consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed.
The summer months can pose health risks to animals left in vehicles, especially when temperatures are high. It is important for pet owners to be aware of the risks that can arise from overheating or lack of air. It is important to remember that even with the windows closed, the temperature inside the car can quickly rise to dangerous levels. The time it takes for the temperature inside a car to become dangerous for an animal can be minimal.
Overheating is the main risk to animals left in a vehicle during hot weather. Animals can easily suffer from heat stroke, which results in:
This is especially important for animals with short noses, such as bulldogs or pugs, which are more susceptible to overheating. Lack of ventilation in the vehicle accelerates the temperature rise, making the situation even more dangerous.
Pet owners should take steps to protect their pets on hot days. If you must leave your pet in the car, try to park in the shade. Also, avoid leaving your pet in the car for too long. It is best to leave your pet at home or use the services of a friend or relative. Special pet carriers with ventilation systems are available. They can help keep your pet safe while traveling.
If you see an animal in a car in a dangerous situation, it is important not to remain indifferent. You should call:
And report the situation. If the animal is in real danger, you can take action on your own. California laws allow you to intervene in situations where an animal is in imminent danger.
Protecting pets from dangerous conditions on hot days is as much about protecting your pet's health as it is about obeying the law. It is not worth the risk of leaving your pet in a car, especially when the temperature is high. If you are facing charges under California Penal Code Section 597.7, contact KAASS LAW. We will be able to provide you with the best solution for your case. Call us at 844-522-7752 for a free consultation. https://youtu.be/1-V0d3C6Spw
If and when a defendant successfully completes their treatment, their criminal charges will be dismissed and will be as though the defendant had never been arrested to begin with. Furthermore, their record of the arrest will be sealed.
If the defendant fails to complete their treatment plan, the court will reinstate their criminal charges. In other words, the criminal charges pending before the defendant may not be dropped and the defendant’s case may proceed forward.
Some examples of why a defendant may fail to complete a treatment plan include:
Defendants who qualify for mental health diversion must meet the following conditions:
The following list includes examples of violations ineligible for mental health diversion:
The Mental Health Diversion Program offers a unique opportunity to avoid criminal penalties. Instead, defendants undergo treatment. It is important to note, however, that the program has strict requirements and limitations.
Mental health professionals play a critical role in the mental health diversion process. Based on their evaluation, the court decides whether the defendant can participate in the program. Experts:
It is important, however, that the expert's opinion confirms that treatment will be beneficial.
After a defendant begins a mental health treatment program, the court and other agencies continue to monitor the defendant's condition. This includes:
If the treatment does not produce the expected results, the court may decide to reopen the criminal case.
In order for a defendant to participate in the program, he or she must meet a number of conditions. It is necessary that the mental illness affect the defendant's behavior at the time of the offense. It is also important that the defendant agree to participate in treatment and waive the right to a speedy trial.
There are times when a defendant may not complete the program. This can happen if the professionals feel that the defendant's efforts are not sufficient. In addition, if the defendant re-offends, the program may be terminated and the criminal case reopened.
If you or someone you know has been charged with a crime eligible for a mental health diversion, contact KAASS LAW at (310) 943-1171 for a free consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed.
A mental health diversion program offers a chance for rehabilitation rather than punishment. This can be vital for people suffering from mental illness. However, participation in the program requires responsibility and a willingness to comply with all conditions. It is important to remember that this opportunity is not available to everyone and requires a professional evaluation of the defendant's condition. If you or a loved one is facing charges and believe you may be eligible for the Mental Health Diversion Program, contact KAASS LAW. Our experts will evaluate all the circumstances of your case and help you determine the best course of action. Call 844-522-7752 for a free consultation. https://www.youtube.com/watch?v=eU04weKKtjA