According to California Penal Code Section 459.5, shoplifting is entering a commercial establishment during regular working hours, with the intent to commit larceny, where the value won’t exceed $950.
To be convicted of 459.5 PC shoplifting, the prosecutor must establish that the defendant:
Penalties for a misdemeanor shoplifting conviction include:
The defendant may also serve probation time of up to 3 years while participating in community service.
Penalties for a felony shoplifting conviction include:
Penal Code section specifically requires, “entering a commercial establishment during regular business hours, with the intent to commit larceny.” The "intent" is a critical aspect of this charge. This means that the defendant must have intended to take the property. As such, if the defendant mistakenly walked out with the property, the "intent" element is not satisfied.
The prosecutor must be able to prove that the defendant was present at the time the merchandise was stolen and was the cause of the incident. Usually, this information is provided by merchants and eyewitnesses and that were present at that time.
Under California law, if the shoplifter agreed to repay the owner of the business for all losses or damages a civil compromise can be redefined.
The defendant may be prone to some forms of police misconduct including:
If you or a loved one has been charged with Penal Code Section 459.5 Shoplifting, we invite you to contact our Los Angeles criminal defense attorney at (310) 943-1171 for a free consultation.
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California is one of many states that are considered car-dependent. The kind of offer of lending your vehicle to another person is quite common. However, such an innocent act may result in accidents and injuries, given the circumstances. A typical question always pops up when you're in this situation: am I liable for this, even though I wasn't the driver? The state of California also recognizes a legal doctrine called negligent entrustment. Applying to the law, this can potentially hold the vehicle owner liable for damages due to permitting someone else to drive their vehicle. At KAASS LAW, we understand and help resolve these complex cases with our expert team. The following will aim to shed light on negligent entrustment in California, and we can offer legal services, given the opportunity.
Negligent entrustment means that you can be liable and legally responsible if you lend your var to someone you knew or should have known potentially driving negligent and or recklessly. Usually negligence falls under the person that initiated the act. However, this will go against your negligent decision to entrust the vehicle to an unfit driver.
California law criminalizes the act of conducting "assault" and defines it as an unlawful attempt of a person to commit a violent injury to someone when there was a high ability to commit this injury. Teachers and other school employees enjoy high protection under state legislation. As such, California Penal Code section 245.5 PC is makes it a crime to assault of a school employee.
Under Penal Code section 245.5 PC the victim is the "school employee". A victim qualifies as a school employee if they are a permanent or probationary employee. This includes both full-time or part-time, including teachers, substitute teachers, and other administrative employees. For example, school bust drivers also fall under "school employees".
To be found guilty under PC 245.5, the prosecution must prove that:
Penal Code 422.55 PC defines hate crime as a criminal act committed due to the victim’s disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics.
An actual characteristic for hate crime purposes essentially means that the individual is committing a hate crime towards another due to the victim’s actual status regarding disability, gender, or any of the other listings as seen under Penal Code 422.55 PC.
A perceived characteristic for hate crime purposes means that the individual commits a hate crime that is not based on one of the characteristics listed under Penal Code 422.55 PC but that they perceived the victim as such. For example, an individual may have the impression that a person they have seen around their neighborhood is of a certain sexual orientation that they do not like and because of this perception, that individual commits a crime against this neighbor. However, the neighbor was never of the sexual orientation the individual perceived them to be. Since the individual perceived their neighbor's sexual orientation and committed a crime, they would still commit a hate crime.
Pursuant to Penal Code 20410 PC it is unlawful to:
Let’s examine the following scenario: Your friend gives his belt buckle knife to you in order to keep it in your house for 4 days. You are aware of what the instrument it is. Since, you knowingly agree to keep the belt buckle knife, this means that the item is in your possession and that you have control over it. Thus, authorities may charge you under Penal Code section 20410 PC.
California law prohibits weapons such as wallet guns, firearms mounted or enclosed in a case, lipstick case knives, knives in lipstick cases, and belt buckle knives. Under the above-mentioned section, a belt buckle knife is " a knife, which is an integral part of a belt buckle and consists of a blade with a length of at least two and one-half inches. Generally, the law allows certain people, such as law enforcement officers or antique dealers, to possess belt buckle knives.
A judge issues a bench warrant, also called a "body attachment," as the most common arrest warrant in California. A judge issues a bench warrant, ordering the immediate arrest of a person. Judges issue bench warrants under California Penal Code sections 166 and 978.5. A bench warrant arises from a failure to follow the terms of a pre-existing offense. Not from the suspicion of criminal activity.
California judges can issue a bench warrant for failure to appear in court. If a person fails to appear for any scheduled court date, the judge can issue a California bench warrant. Failure to appear warrants constitute the most commonly issued bench warrants. Some examples include but are not limited to:
California Penal Code Section 286(a) defines sodomy as sexual conduct involving contact between one person’s penis and another person’s anus. Any sexual penetration, no matter how slight, qualifies as sodomy.
To find the defendant guilty under Penal Code Section 286(a) for sodomy, the prosecution must prove the following elements:
George Gascón was sworn in as Los Angeles County’s new District Attorney on Monday December 7, 2020 and becomes the county’s 43rd district attorney. The goal of the Los Angeles County District Attorney’s Office is to protect public safety. As such, District Attorney George Gascón has taken initiative to begin immediate reform of the criminal justice system by implementing a misdemeanor reform policy directive.
In California, a misdemeanor is a crime that has a maximum sentence of no more than one year in county jail. A misdemeanor is more serious than an infraction but is less serious than a felony. Common examples of misdemeanor crimes include DUIs, shoplifting, public intoxication, and petty theft. A standard California misdemeanor is punishable by up to 6 months in jail and/or a fine of up to $1,000. On the other hand, an aggravated misdemeanor is punishable by up to 364 days in jail and/or a fine of up to $1,000 or more. If the crime is more serious than others, it is an aggravated misdemeanor. Example of an aggravated misdemeanor include domestic battery, driving on a suspended license, and violating a restraining order.
The misdemeanor charges below shall be dismissed before arraignment and without conditions unless exceptions or factors for consideration exist. An arraignment is a hearing where the court formally charges a person who is being under arrest for a crime. The reform policy took effect on December 8, 2020 and will replace prior policies. However, if the following exception or basis for consideration appear, the following misdemeanors may not be let go. Over the previous 24 months, the person charged has committed a similar conduct involving substantially similar behavior to that charged.
According to California Penal Code Section 236.1, the crime of human trafficking is depriving another person of his personal liberty with the specific intent to obtain forced labor or to violate California’s child pornography, California laws against extortion and blackmail or pimping and pandering laws; trying to persuade a minor to engage in commercial sex acts.
Prosecutor must prove the following elements for convicting a person under Penal Code 236.1(a):
California Penal Code section 302 states, “Every person who intentionally disturbs or disquiets any assemblage of people met for religious worship at a tax-exempt place of worship, by profane discourse, rude or indecent behavior, or by any unnecessary noise, either within the place where the meeting is held, or so near it as to disturb the order and solemnity of the meeting, is guilty of a misdemeanor.”
PC 302 describes the requirements for being charged with the crime of disturbing a religious meeting. In order to violate this law one must:
CCPC 193.8 states that: "An adult, who is the registered owner of a motor vehicle or in possession of a motor vehicle, shall not relinquish possession of the vehicle to a minor for the purpose of driving if the following conditions exist: (1) The adult owner or person in possession of the vehicle knew or reasonably should have known that the minor was intoxicated at the time possession was relinquished. (2) A petition was sustained, or the minor was convicted of a violation of Section 23103 as specified in Section 23103.5, 23140, 23152, or 23153 of the Vehicle Code or a violation of Section 191.5 or subdivision (a) of Section 192.5. (3) The minor does not otherwise have a lawful right to possession of the vehicle."
Some possible defenses to negligent entrustment include:
Additionally, one can argue that the car owner was not aware that the driver (who allegedly caused the accident) was not a reasonably safe driver due to having a clean driving record and possessing a valid driver's license.
While you can't control the actions of every driver on the road, you can take steps to protect yourself from potential negligent entrustment claims:
If you have been injured in an accident caused by someone driving a vehicle they were negligently entrusted with, or if you are a vehicle owner facing a negligent entrustment claim, it is crucial to seek experienced legal counsel. At KAASS LAW, our skilled attorneys can:
The concept and doctrine of negligent entrustment show a big key in the responsibility of the vehicle owner. By understanding this legal concept and taking action towards safety, both vehicle owners and those injured by negligently entrusted vehicles can navigate the complexities of California law. Contact KAASS LAW today for a consultation to discuss your specific situation and learn how we can help. Alternatively, to know more about negligence, especially gross negligence in California, KAASS LAW can offer guidance.
To be charged and convicted under this offense, the school employee must be performing their employment duties at the time of the offense. Thus, if the assault occurs in the evening while the teacher is walking in the park with his dog, the defendant cannot face charges under Penal Code section 245.5.
Penal Code 245.5 PC makes it a crime to assault a school employee with a deadly weapon, a firearm, or a stun gun or taser or by any other means likely to produce great bodily injury upon the person of a school employee. Penal Code 245.5 PC can result in either a misdemeanor or a felony charge.
Penalties for a 245.5 PC conviction vary based on the type of weapon used during the assault.
If the defendant used a deadly weapon, other than a firearm, the penalties include imprisonment in the state prison for 3, 4 or a maximum of 5 years of imprisonment in jail for up to one year.
If the defendant used a firearm while conducting the assault, the penalties include imprisonment in state prison for 4,6 or 8 years of imprisonment in jail for up to one year.
In the event the defendant used a stun gun or a taser, the penalties include imprisonment in state prison for 2, 3, or 4 years of imprisonment in a country jail for up to one year.
Defendants charged under section 245.5 may have several defenses. One such defense is lack of intent. If the defendant:
The defense can argue that the assault was not intentional. In addition, the defense of necessity may be used. If the defendant acted in response to an immediate threat to his or her health or life.
If the defendant accused of assaulting a school employee pleads guilty, or if there are mitigating circumstances, the defense may request a reduced sentence. This may include suggestions for alternative action. Such as:
It is important to note that the court's decision will largely depend on:
Punishment for the crime of assaulting a school employee can have a significant impact on the defendant's career. Especially if he or she works in education. A charge under Section 245.5 may result in:
And other professional consequences that may limit future employment opportunities.
It is important to contact an experienced attorney who specializes in criminal cases. A defense attorney will be able to:
If you or a loved one is facing charges under California Penal Code Section 245.5, do not delay in consulting with a qualified attorney.
It is essential to consult with a Los Angeles criminal defense attorney to try to mitigate the punishment for the commitment of the assault. We invite you to contact our criminal defense attorney today at (310) 943-1171 for a free consultation and case review.
Several ways exist to prosecute a hate crime. Under Penal Code 422.6 PC, it is a crime for a person to commit a hate crime. Additionally, there are other penal codes that pertain to sentence enhancing or additional penalties. For example, under Penal Code 422.75 PC, additional penalties apply on an individual when: 1) they are convicted of a misdemeanor, or 2) that misdemeanor is also proven to be a hate crime. Also, Penal Code 422.7 PC imposes sentencing enhancement on an accused if: 1) they are convicted of a felony, and 2) that felony is also proven to be a hate crime.
Under California law, the commission of a hate crime is considered a misdemeanor, which is punishable by: 1) imprisonment in a county jail for up to one (1) year, and/or 2) a maximum fine of $5,000. However, should an individual commit a crime that is proven to also be a hate crime, then that individual can be charged with a felony and get a penalty enhancement, as mentioned above for up to three (3) years.
The offense is a wobbler, meaning prosecutors can charge it as either a felony or a misdemeanor, depending on the case facts and the defendant's criminal history.
Penalties for a misdemeanor Penal Code 20410 conviction are:
Penalties for a felony Penal code 20410 conviction are:
If you or a loved one has been charged with violation of Penal Code section 20410 belt buckle knives, we invite you to contact KAASS LAW firm at (310) 943-1171 for a free consultation on your case and further assistance.
1. You Did Not Know You Were In Possession of a Buck Knife One of the most common defenses is lack of intent. For example, if the knife was built into a belt that was given to you and you were unaware of the presence of the blade. This could be grounds for dismissal of the charges. Under California law, intentional possession of a prohibited object is a required element of the crime. Thus, lack of knowledge of the nature of the object may be an effective line of defense. 2. You Are an Exception to the Law Certain categories of citizens, such as:
May not be covered by this article. It is important to provide proof of your membership in one of these categories if you wish to use it as a defense. 3. Item Does Not Meet the Definition of a Switchblade Knife In order for an item to qualify as a switchblade, it must be part of a belt buckle and contain a blade that is at least two and a half inches in length. If the blade is shorter or the design is not integrated with the buckle, then the item does not meet the legal definition. The defense may be based on a technical examination of the article and its failure to meet the statutory definition.
1. California Penal Code 21510 PC - Throwing Knife (Switchblade) This statute prohibits:
Knives that open automatically by pressing a button or lever. Like a buckle knife, an ejector knife is considered a concealed and potentially dangerous weapon. A violation can also be classified as a misdemeanor with a penalty of up to one year in jail. 2. California Penal Code 20200 PC - Open Carry Exceptions Certain knives are permitted as long as they are carried openly, in a sheath on a belt. However, this rule excludes belt sheath knives, since the law defines them as concealed. 3. Legal Consequences of a Conviction under Article 20410 PC In addition to jail time and fines, a conviction under Article 20410 may have other legal and social consequences. Courts may consider your criminal record in future cases. A criminal record can also affect:
It is important to discuss all possible consequences with an experienced attorney.
If you have been charged with a violation of California Penal Code 20410 PC, we strongly recommend that you consult with a qualified attorney. Contact KAASS LAW at (310) 943-1171 for a free consultation and analysis of your case. Our offices are located in Glendale and Los Angeles. We speak English, Russian, Armenian, Spanish, and French.
Additionally, the judge may issue a bench warrant if a person indicted by a California grand jury is not present at the indicated time.
If a person willfully fails to appear in court after receiving a written promise to appear, the prosecution will charge them with "failure to appear" as a misdemeanor. This is punishable by up to one year in county jail and/or a maximum fine of up to $1,000.
If a person released on his own recognizance for a misdemeanor case willfully fails to appear in court within 14 days of a scheduled date, he will face additional charges of misdemeanor "failure to appear" for evading the process of the court. In this case, a person may face a fine of up to $1,000 and a sentence of up to six-month in county jail.
If a person released on their own recognizance for a felony case willfully fails to appear in court within 14 days of the scheduled date, the court will charge them with felony "failure to appear." A person may face a minimum fine of $5,000 and a sentence in a county jail or state prison. In case fail to appear in court involves a felony case where a person posted bail, the maximum fine increases from $5,000 to $10,000.
If a person willfully fails to pay court fines or ordered restitution the court may also issue a bench warrant. According to California Penal Code section 1203.04 a willful failure to pay a fine or restitution if a person has financial ability to do so is a misdemeanor and is punishable by up to one year in county jail
The court can also issue a bench warrant if a person fails to obey its orders. If a person fails to complete a report for drug-testing, community service, or court-ordered classes, the court will charge them with a probation violation.
California Penal Code section 1214.1 states that if a person fails to pay a fine on time, violates a written promise to appear in court, or disobeys a court order, the court may charge a penalty assessment of up to $300,000 and refer the case for collection. According to California Vehicle Code section 40508(d) if a person willfully fails to pay on time any fine or portion thereof due to a conviction for an infraction the court can also suspend his driver's license for 30 days.
In case you have a bench warrant out for your arrest, it is important to contact an experienced criminal attorney. Call (310) 943-1171 today for a free consultation. If you or a loved one has been issued a bench warrant, we invite you to contact our Glendale criminal defense attorney at KAASS LAW at (310) 943-1171 for a free consultation and case review. Our staff speaks Spanish, Armenian, Russian, and French.
The penalties for a sodomy conviction under Penal Code Sections 286(b)(1), 286(e), and 286(h) are wobblers. The court may charge the defendant with either a misdemeanor or a felony, depending on the case circumstances and the defendant’s criminal history.
The penalties for a misdemeanor sodomy conviction include:
The penalties for a felony sodomy conviction include:
Penalties for a felony California Penal Code Section 286(b)(2) conviction include:
Penalties for a felony California Penal Code Section 286(d) conviction include:
All remaining convictions under California PC Section 286 carry the following penalties:
Facing charges under California Penal Code 286? Contact KAASS LAW at (310) 943-1171 for a free consultation and case review. Our staff speaks Spanish, Armenian, Russian, and French.
Prosecutors have discretion to look at other exceptions or factors for consideration if a person poses an identifiable. There is a continuing threat to another individual or there are other circumstances of similar seriousness. The diversion policy will not apply to offenses excluded under Penal Code §1001.95 and any driving under the influence offenses. Not Dismiss Charges for Trespass -If a person has been a repeat trespasser on the same public or private property in the prior 24 months. If there are no indicators of substance use problem or mental illness, or if the person poses a verifiable and imminent safety concern. Not Dismiss Charges for Disturbing the Peace -If a person is a repeat offender in the past 24 months for substantially comparable behavior to that charged, or if there are no symptoms of substance use problem or mental illness. Not Dismiss Charges for Resisting Arrest -If the defendant is a repeat offender in the previous 24 months for substantially identical behavior to that charged. Alternatively, the charge may have a connection with another conduct not listed above, or it may have a connection with the actual use of physical force against a peace officer. Not Dismiss Charges for Criminal Threats - Charges for criminal threats may not be dismissed if the offense is related to domestic violence or hate crime, it is the person’s repeat threat offense over the prior 24 months, there is documented history of threats towards the victim, the person was in possession of a weapon capable of causing bodily injury or death during the criminal threat, or no indication of substance use disorder and/or mental illness.
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.
Prosecutor must prove the following elements for convicting a person under Penal Code 236.1(b):
Prosecutor must prove the following elements for convicting a person under Penal Code 236.1(c):
To convict a person under Penal Code Section 236.1 the prosecutor has to prove that he deprived the victim of his personal liberty. However, in case the person can prove that the alleged victim willfully participated and there was no deprivation of personal liberty, he can’t be found guilty of this crime. In some human trafficking cases, a defendant can prove that the alleged victim made the accusation against him for motives of favorable treatment, out of anger, gaining sympathy, or jealously. If the defendant inflicted great bodily injury on a victim he will face an additional term of five, seven, or ten years in prison. In case the defendant had prior convictions for violating California Penal Code 236.1 he will face an additional prison term of five years for each prior violation.
Human trafficking charges can have devastating consequences, not only criminally, but also civilly. Even before a conviction, the accused may face problems such as:
If convicted, the offender must register as a sex offender. This will restrict his or her rights to residency, employment, and freedom of movement. The consequences are particularly severe if there are aggravating circumstances. Such as:
In addition to the mandatory prison sentence, a person may receive additional sentences. They are served consecutively, not concurrently. However, the accused has the right to a defense. Lawyers can challenge key elements of the crime. Such as:
In addition, if the victim committed perjury for personal motives, this can be used as a line of defense. Proper use of evidence and analysis of the client's intentions help attorneys build a strong defense strategy. Therefore, it is important to seek legal counsel as soon as possible. At KAASS LAW our experienced attorneys can help you with Penal code Section 236.1. Timely action can play a key role in a favorable outcome of the case.
PC 302 is a misdemeanor offense in California. The punishments can include:
Beware. In addition to these punishments, someone violating PC 302 may also face California hate crime laws. Hate crime laws enforce harsher sentences for people who harm or harass others because of characteristics such as gender, race, and in this case, religious beliefs. If authorities charge the PC 302 violation as a hate crime, they can charge it as either a misdemeanor or a felony, and punishments could include:
There are several possible defenses to a wrongful charge of disturbing a religious meeting. Some of these include:
To be charged with this crime, the meeting you disturb must meet certain requirements. First, the venue must be a tax-exempt place of worship, so if this is not the case, you would not be in violation of PC 302. The people present must also be meeting for religious purposes. This means that even if there was a meeting at a tax-exempt religious institution, it also has to have been for religious worship in order to qualify. Example: A church congregation that meets at the St. Joe’s Elementary School chapel decides to hold a charity kickball tournament on the field of the school. During the tournament, a heckler decides to yell rude and profane phrases at the players, which leads to his arrest on the grounds that he was in violation of PC 302. While the heckler may be guilty of disturbing the peace, (PC 415) he technically is not disturbing a religious meeting. The congregation met on the premises of a tax-exempt place of worship, but they met to play kickball, not for religious purposes. It may be the case that you did not actually do anything that is classified under PC 302 as a “disturbance.” The law requires that you used profanity, made unnecessary noise, or acted rudely or indecently. There are ways to disrupt a meeting that does not include doing these things, including actions that are unintentional. Perhaps you attended a religious meeting with your baby, and your baby started crying, which interrupted the gathering. Whatever the action was, if it was unintentional, or did not include any of the required criteria for a disturbance, you would not be in violation of PC 302. KAASS LAW can assist if authorities charge you under California Penal Code 302 for disrupting a religious meeting.