Respect isn't something you get inherently, it needs to given from earning it. Applying this in the legal system, respecting the court's authority is extremely important. When that respect falters, by disobeying court orders, the charge of contempt can fall onto your lap. California Penal Code 166 comes into play and this isn't something that is matter of etiquette, it's a legal mechanism so it may hold integrity of judicial proceedings. This ensures and gives enforcement of court orders. At KAASS LAW, we understand that facing contempt charges can be confusing and a stressful experience. The following will provide clarity on its implications, and the importance of securing legal representation regarding this matter.
In California, it is a crime to purposefully and intentionally violate a court order. California Penal Code Section 166 (PC 166) refers to a wide range of behaviors that are essentially disrespectful to the court and the court process. Here is the list of unlawful actions that is the Penal Code.
Prosecutor must establish the following elements for convicting the defendant of contempt of court:
In California violation of PC Section166 is usually a misdemeanor offense. This means that in case the defendant is convicted for contempt of court he can be sentenced to:
Though there are certain violations that can result in more serious criminal penalties. The charges for contempt of court can be aggravated in case any of the following take place:
In case the defendant is found guilty in contempt of court and at least one of the above mentioned aggravating factors is present he can face:
Facing contempt charges doesn't automatically mean a conviction is inevitable. Several potential defenses can be raised, depending on the specific facts of the case:
Contempt of court charges can have serious consequences, including jail time and fines. Navigating the complexities of PC 166 requires the expertise of an experienced criminal defense attorney. A skilled attorney can:
At KAASS LAW, we understand the complexities and challenges of facing contempt of court charges. We can commit and provide our clients with personalized and aggressive legal representation. Our experienced attorneys have a proven track record of success in defending individuals against criminal charges, including contempt of court.
If you are facing contempt of court charges in California, don't hesitate to contact KAASS LAW for a confidential consultation. We will review your case, explain your legal options, and develop a tailored defense strategy to protect your rights and your future. Additionally, if you get charged for failing to appear in court, we can help!
The right to freedom of movement is a fundamental liberty that we often take for granted. However, there are situations where individuals may unlawfully restrain or confine against someone's will, leading to a violation of basic rights. This is false imprisonment, and it's a serious offense under California law. At KAASS LAW, we dedicate to protecting the rights of individuals who have been a victim of wrongful arrest and helping them seek justice for the harm they received. The following will explore the complexities of false imprisonment in California. Furthermore, this will be explaining the elements of the offense, potential defenses, and how our law firm can assist you in pursuing legal action.
False imprisonment in California is the act of intentionally taking away another person’s freedom without being legally allowing or justified to act so. This generally refers to situations when people are illegally and wrongfully under arrest by police officers for something that they did not deserve. Therefore, if someone is arrested for something that they do not deserve to be arrested for, the arresting police officers have intentionally and illegally taken that persons freedom. In these types of situations, officers can be found liable and/or guilty for false imprisonment. Bringing a lawsuit against in California can be complex.
According to California Penal Code Section 245(a)(1), assault with a deadly weapon is an unlawful attempt to cause bodily harm to another person using a weapon or using force likely to cause great bodily harm.
Prosecutor must establish the following elements to prove an allegation of assault with a deadly weapon.
Unlike battery, physical contact is not required to take place for someone to get arrested and convicted for assault.
Under California Penal Code 21510 it is criminal offense to carry a switchblade knife on one’s person, possess in the driver’s area of a vehicle in a public place, sell or offer to sell or provide a switchblade to another person.
PC Section 21510 makes it illegal to:
Prosecutor must establish the following elements to prove that a defendant is guilty of carrying or providing a switchblade.
According to California Penal Code Section 290 a person convicted of sex crimes and some certain other crimes is required to register as a sex offender with local authorities. Failure to register as a sex offender is considered a separate criminal offense which results in additional prison sentences.
The prosecutor must establish the following elements to prove that the defendant failed to register as a sex offender
Under Penal Code 290 PC the person declared a sex offender must register his identifying information with local law enforcement as long as he lives, works or attends school in the state of California. The registration must be register within the five days of his birthday and any time the person moves to a new residence.
According to California Penal Code Section 415 the crime of disturbing the peace occurs whenever a person unlawfully fights or challenges another one to fight in public; intentionally disturbs another one with loud and unreasonable noise; or, uses offensive words to provoke violence in public.
Fighting or challenging another person to a fight in a public place
The prosecutor must establish the following elements to prove that defendant disturbed the peace by fighting or challenging another person to a fight in a public place:
Intentionally disturbing another person by loud and unreasonable noise
The prosecutor must establish the following elements to prove that defendant disturbed the peace by intentionally disturbing another person by loud and unreasonable noise:
California Penal Code Sections 484e, 484f, 484g, 484h, 484i and 484j define and punish the crimes that comprise credit card and debit card fraud and specifically prohibit forging, altering, stealing, counterfeiting or publishing information about credit or debit cards.
PC Section 484e covers the acts of stealing, transferring or acquiring another person’s credit/debit card or account information without the cardholder’s consent.
PC Section 484e is a “wobbler” offense and can be charged as either a misdemeanor or felony depending on the case facts and defendant’s criminal history.
Under California Penal Code 417, it is illegal to draw or exhibiting a deadly weapon in a threatening or rude manner in the presence of another person.
Prosecutor must establish the following elements of the crime are proved for convicting defendant under Penal Code Section 417
Deadly weapon is any instrument, object or weapon that is inherently deadly or one that is used in such a way that it likely to cause great bodily injury or death. Examples of deadly weapons can include razor blades, knives, pipes and attack dogs.
For the purposes of Penal Code Section 417 PC a firearm is any device designed to be used as a weapon, from which a projectile is expelled or discharged through a barrel by the force of an explosion or other form of combustion. Examples of firearm can include rifles, pistols, shotguns and handguns. The displayed or exhibited firearm does not have to be loaded. Defendant can face charges for brandishing a weapon in case he waves an unloaded gun around in a frenzied or angry or manner.
Under California Penal Code 21a and 664 (PC- 21a) and (PC-664)an attempt crime is an act of intending to commit a crime and taking direct but ultimately ineffective steps toward committing that crime.
According to Judicial Council of California’s Criminal Jury Instructions prosecutor must establish the following elements for proving that defendant attempted a crime:
Specific Intent
Defendant can’t be found guilty of a crime of attempt unless it can be proven that he had a specific intent to commit the underlying crime. Defendant can commit the crime of attempt even if he has changed his mind before actually completing the crime.
Direct step requires more just preparing or planning to commit a crime, or obtaining or arranging for something needed to commit crime.
According to California Penal Code 245.6 (PC-245.6) it is illegal to participate in initiation activities that are likely to cause serious bodily injury to a current, former or prospective student.
The law applies to any student body or student organization regardless of whether it is officially recognized by an educational institution or not.
The following elements of the crime must be proven by a prosecutor.
Hazing must be a part of an initiation or pre-initiation ceremony and must be focused either on people seeking membership to the group or on people who have just joined the group.
According to CACI 1400, the plaintiff must be able to establish the following elements to prove the claim of wrongful imprisonment:
Under California Penal Code Section 236 PC it is a crime to falsely imprison another person. But, false imprisonment is also a tort that can give rise to a civil lawsuit. The definition and elements of the tort of false imprisonment are similar to the crime under PC Section 236. A person guilty of the crime of false imprisonment will face criminal penalties. In a civil suit involving false imprisonment, a person sues another party to recover damages that false imprisonment caused.
In California police officers arrest people under the authority of Penal Code Section 836, which provides that a peace officer can make an arrest with or without a warrant when:
In case a police officer has a warrant to arrest a person, it doesn’t necessarily mean that the officer has the authority to arrest him. Illegal imprisonment can occur even if a warrant was issued before the arrest. A warrant issued as the result of a fraudulent claim made by a peace officer can lead to an unlawful arrest. The idea that an arrest warrant can be invalid is significant because it is one of the elements the plaintiff must prove to sue for false imprisonment. At the same time, it is also one of the defenses that a peace officer can possibly use. The other elements are similar to the above-mentioned elements.
An arrest without a warrant is illegal unless the arrested person has in fact committed a crime or the arresting police officer has reasonable cause to think so. There is no exact rule to determine the reasonable cause and each case has its own facts.
In California, a private citizen has the right to make another citizen’s arrest. A citizen’s arrest is legal in case the private citizen is able to prove that the perpetrator committed a crime. This also applies if a crime is about it happen. An arrest occurs when a citizen either restrains a perpetrator himself until the police arrive. Or alternatively, when a citizen calls for an officer, leading to the perpetrator’s arrest.
Here are some possible damages which the plaintiff may recover in a civil false imprisonment case:
If you or someone you know are a victim of false imprisonment, contact KAASS LAW for a consultation. We're here to help you understand your rights, navigate the legal process, and fight for the justice you deserve.
Deadly weapon is defined as any object or instrument that is inherently deadly or which can be used in such a way as to cause death or great bodily harm.
Some common defenses to an assault with a deadly weapon charge?
In California assault with a deadly weapon is considered a “wobbler”, and can be charged as either a felony or misdemeanor offense depending on the case facts and defendant’s criminal record. The prosecution will take into account different factors such as the type of weapon, the extent of the victim’s injuries and the manner in which the assault was conducted.
Penalties for misdemeanor assault with deadly weapon conviction are the following:
Penalties for felony assault with deadly weapon conviction are the following:
There are some factors that can increase the penalties beyond this range, such as:
The defendant can be sentenced to up to 9 years in prison if he is convicted of assault using a semiautomatic firearm such as a rifle or handgun.
The defendant can be sentenced to up to 12 years in prison if he is convicted of an assault using an automatic weapon such as a .50 BMG rifle, machine-gun or an assault weapon.
The defendant can be sentenced to up 12 years in prison if the victim was a police officer or firefighter on duty at the time the assault took place.
A felony conviction under PC Section 245 can also result in a “strike” for the purposes of California’s “Three-Strike” law. Three strikes on defendant’s criminal record mean that he can be sentenced to life in prison without parole. Are you in need of a criminal defense attorney in California? Get in touch with KAASS Law if you would like us to take a look into your criminal matter.
California Penal Code Section 17235 defines switchblade knife as following:
There are many types of knives that can qualify a switchblade, such as gravity knives, butterfly or batanga knives, spring blades and snap blade knives. A “switchblade knife” does not include a type of knife that can be opened with one hand by putting thumb pressure on a stud which is attached to the knife.
California PC Section 17235 provides an exact description of a switchblade and in case the knife lacks the characteristics of the legal definition, defendant can’t be held criminally liable. Lack of knowledge of presence Defendant must be aware of carrying a switchblade on his person or vehicle. In case he didn’t know that it was in his bag or car then this defense can be applicable. The burden of proof is on the prosecutor, but defendant will have to show some evidence that the bag, coat or car belonged to another person.
Under Penal Code 21510 Carrying a switchable is a misdemeanor and can be punished by:
Defendant is more likely to be sentenced to jail time instead of probation in case the following aggravating factors are present:
Related Offenses
If you or a loved one has been charged with Penal Code 21510 carrying a switchblade we invite you to contact our office for a free consultation with a skilled and experienced Glendale criminal defense lawyer.
Some of the most common sex crimes that lead to the lifelong requirement to register as a sex offender are the following:
The penalties for violating California PC Section 290(b) depend on the underlying offense which led the defendant to register as a sex offender. The defendant will face misdemeanor conviction in case he was required to register based on a conviction for a misdemeanor sex offense and had no prior convictions for failure to register as a sex offender. The defendant will face felony conviction in case his prior sex offense conviction was a felony or he has one or more prior convictions for this offense.
Potential penalties for misdemeanor Penal Code 290 (b) conviction include
Potential penalties for felony penal code 290(b) conviction include the following
Moreover, each time a person failures to register under The Sex Offender Registration Act it is treated as a continuing violation and can result in additional time in state prison. Failure to register, in case the underlying crime is a felony, is considered a Strike and if a defendant has a prior Strike, the potential sentence is thirty two months to six years in California state prison. In case the defendant has already two Strikes and fails to register he will get the third Strike with the potential sentence from 25 years to life in California state prison. Our attorneys at KAASS LAW can provide you with any type of legal services you need.
Using offensive words to provoke violent reaction in public
The prosecutor must establish the following elements to prove that defendant disturbed the peace by using offensive words to provoke violent reaction in public:
“Offensive words” are determined on a case-by-case basis. Words that are profane, vulgar, abusive, rude or disrespectful by themselves can’t result in a disturbing the peace charge. The words must have been told in a way to provoke a violent response.
Defendant didn’t act intentionally
In case the defendant did not act maliciously, willfully, with intention of inciting violence and he reasonably believed that his words won’t provoke a violent reaction, he can’t be found guilty of disturbing the peace.
Defendant was acting in self- defense
In terms of unlawful fighting, defendant can’t be found guilty of disturbing the peace in case he was acting is self-defense or in defense of another person.
Defendant was falsely accused and wrongly arrested
There are number of reasons when a defendant can be falsely accused of disturbing the peace. These usually arise in the context of fights with neighbors, domestic disputes or fights with drunk people, who claim that defendant took a swing at them or challenged them to a fight.
Defendant was engaged in a constitutionally protected activity
In case defendant’s speech or conduct was protected by the right to free speech under the First Amendment to the US Constitution he is not guilty of disturbing the peace.
Penalties for violating California Penal Code Section 415
Under PC Section 415 disturbing the peace is a wobbler offense, and can be brought as either an infraction or a misdemeanor, depending on defendant's criminal history and the case facts.
Infraction
In case the defendant pleads guilty to an infraction he must pay a fine of up to $250.
Penalties for disturbing the peace on school grounds
In case the defendant disturbed the peace on school ground and was not registered as a student or employee at that school he will get a misdemeanor conviction.
If the defendant had previously committed this offense or any other criminal offenses that took place on school grounds he can face:
If you have been arrested for disturbing the peace, a California criminal defense attorney from KAASS LAW can provide you with legal assistance.
Felony conviction is likely in case the defendant used the card or its information and acquired property or goods worth more than $950, which is grand theft.
PC Section 484f covers the act of forging credit card information. Defendant can be convicted in case he altered or counterfeited a credit card, or forged a signature on it.
Penalties for violating PC Section 484e
PC Section 484 e is charged as either a misdemeanor or felony pursuant to PC 470 California’s forgery law.
PC Section 484g involves using a fake, stolen, altered, forged, revoked or expired credit card to procure goods or cash while knowing that it is not valid.
This crime takes place when a retailer knowingly accepts payment through a stolen, revoked and expired credit card. Retailer can also be charges under PC 484h when he presents a fake evidence of a transaction for services or goods that were never delivered.
California PC Sections 484g and 484h are treated like petty theft misdemeanors in case the total amount of stolen funds is $950 or less, punishable by six months in a county jail. In case the total amount of stolen funds exceeds$950, the offenses are treated like grand theft and are “wobblers” which can be punished by up to three years in a prison.
This crime involves:
Defendant will face a misdemeanor conviction for possession of an incomplete credit card with intention to complete it, punishable by:
In case the defendant changed the card or information contained within the card then the crime becomes forgery under Penal Code Section 470.
If defendant is convicted for possession of tools for making counterfeit credit cards, he will face a wobbler.
This crime involves deliberately sharing credit card information, including PIN numbers, passwords or other private account information with intention to defraud an entity or person.
PC Section 484j is a misdemeanor, punishable by:
Are you in need of an attorney in Los Angeles, CA? A Glendale criminal defense lawyer at KAASS LAW can provide you with the legal assistance you require.
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According to Penal Code Section 417 PC, the defendant must draw or exhibit the weapon in the presence of another person. The defendant can be charged even if he didn’t point the weapon at another one, didn’t fire the gun or the alleged victim didn’t saw the weapon.
Defenses to California Penal Code Section 417 charges include
Under PC Section 417 brandishing a deadly weapon other than a firearm is considered misdemeanor punishable by minimum 30 days and up to one year in a county jail.
There are numerous circumstances that can increase the sentence:
In case the defendant used an unloaded firearm such as a revolver or a pistol to threaten another person in public, the sentence will increase to:
In case the defendant threatened another person with a loaded firearm he will face a felony with 16 months to 3 years sentence in a county jail.
In case the defendant purposely caused injury to another person while committing the crime, he can be additionally charged with:
In case the defendant threatened a peace officer on duty with a firearm he can be charged with:
In case the defendant attempted to resist arrest or help another person to resist arrest by brandishing a firearm he can face a felony, punishable by 2, 3 or 4 years in the state prison.
Do you require legal help from a lawyer near you? If you are located near Los Angeles, California, our criminal defense attorneys at KAASS LAW can provide you with the services you require.
A direct step goes beyond preparation and planning and shows explicit and definite intent to commit a crime. It is not a simple desire to commit a crime; it must be an obviously evident step toward the commission of the crime that would have come to fruition. In case the plan is abandoned at any time before the direct step, the defendant cannot be found guilty.
Under California PC defendant is guilty of conspiracy when:
Subsequently, conspiracy requires an agreement with another person while there is no such requirement in an attempt crime. And the “overt act” does not need to be as a direct step toward committing the crime, it can just be an act of preparation to commit a crime.
Common attempt crimes in California:
Under California PC Section 664 attempted crime can be charged as either a misdemeanors or felony offense, depending on the underlying crime. Potential penalties for most attempted crimes include:
The general rule is that the maximum sentence for an attempted crime depends on the maximum sentence for the crime the defendant is alleged to have attempted.
Here are few exceptions to the rule:
Have you been arrested for a crime in or around Los Angeles County, California? If so, a Glendale criminal defense lawyer from Kaas Law can provide you with legal assistance today.
In case all other elements are met the following hazing actions can be considered criminal:
Serious bodily injury
Under California criminal law “serious bodily injury" is a serious impairment of physical condition. Examples include, but are not limited to:
Activities that result exclusively in embarrassment or emotional injury do not count as hazing under Penal Code Section 245.6.
Penalties for violating California Penal Code Section 245.6 are as follows
In California law crime of hazing is considered a misdemeanor offence when it does not actually result in serious bodily injury to anyone. The penalties are the following:
In case hazing has caused death or serious bodily injury, then everyone who personally participated in the crime of hazing can be charged with a wobbler. Prosecutor can choose to charge it as either a misdemeanor or a felony, depending on the defendant’s criminal history and the case facts.
Penalties for hazing as a misdemeanor will be the same as above mentioned.
Penalties for Felony conviction of Penal Code 245.6 include
Juvenile Court System
Because hazing takes place in a school setting usually the defendants are under the age of 18, and instead of being tried in criminal courts their case will generally be handled in the California juvenile court system. The penalties for a person under the age of 18 are less harsh and are aimed more to rehabilitate him rather than punish. Potential penalties for a juvenile offender are the following:
Have you been arrested for hazing? If you are in or around Los Angeles County, a Glendale criminal defense attorney at KAASS LAW can provide you with legal assistance.