According to California Penal Code 26500 (PC-26500), it is illegal to sell, lease or transfer a firearm without a valid license.
The prosecutor must prove the following element for convicting a defendant under California Penal Code Section 26500:
Definition of firearm under PC 16520 include the following
These devices include revolvers pistols, shotguns, handguns, rocket launchers, Tasers and flare guns. However, pellet guns, BB guns and unloaded “antique” firearms do not count as firearms for purposes of Penal Code 26500.
People who are prohibited from possessing or acquiring a firearm:
In case a person is prohibited from owning a gun, he is also prohibited from owning ammunition. Person who has a right to own a firearm must also possess a valid firearm safety certificate.
People who are exempt from prosecution under PC Section 26500:
Requirement for obtaining a California firearm license are as follows:
One-year license is on a form prescribed by the state Attorney General’s Office. It must clearly state “Valid for Retail Sales of Firearms” and include an endorsement by the local authorizing agency.
These rules apply to generic firearms and not specific types of weapons such as grenades, destructive devices, machine guns, short-barreled rifles or shotguns and “dangerous weapons” or assault weapons, for which a specific license is required.
Failure to maintain the license can subject a person to revocation of his license. In case person sells, leases or transfers a firearm without a valid permission he will face prosecution for violating California PC Section 26500.
In California the unlicensed sale of a firearm is a misdemeanor with the following penalties:
The punishment is for each firearm the defendant sells without a valid license.
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Under California Penal Code Section 182 conspiracy is an agreement between two or more people to commit a crime and an action taken by one or more parties of a conspiracy in furtherance of the criminal objectives of the conspiracy.
Prosecutor must prove the following elements for convicting defendant in conspiracy:
The overt act is an act that is completed in order to help the group to accomplish the agreed upon crime. The act should be performed after the defendant entered into the agreement and before the crime is completed.
The overt act is something more than the act of planning or agreeing to commit a crime, but it is not a crime itself. The overt act can be something as trivial as renting a car, writing a letter or making a phone call.
Criminal Liability under Penal Code Section 182 are as follows
According to California Penal Code Section 69 resisting an executive officer is illegal.
Furthermore, it is illegal to attempt, by means of any threat or violence, to prevent or deter an executive officer from performing his duty or intentionally resist, by the use of violence or force, such officer in performance of his duty.
Though the crime is closely related to the crime of resisting arrest under PC Section 148(a), resisting an executive officer is considered a much more serious crime in California. Unlike resisting arrest PC 69, resisting an executive officer requires actual violence or a threat of violence.
Resisting an Executive Officer covers two different offenses including
According to California Penal Code 273a, child endangerment is crime that involves putting a child into a dangerous situation or allowing another person to do so, without taking reasonable steps to protect him from injury and harm.
Prosecutor must establish the following elements to prove that defendant committed child endangerment.
Willfully means on purpose or willingly. It does not necessarily mean that defendant specifically had intention to cause harm or violate the law
Unjustifiable physical pain or mental suffering is pain or suffering which is not reasonably necessary or excessive under the circumstances.
California Penal Code 422(a) prohibits any person who intentionally threatens to commit a crime that will result in great bodily injury or death to another, with the specific intent that the statement is to be taken as a threat, even if the person does not have actual intent to carry it out. Previously this offense was called “terrorist threats,” though it can include any threats of harm or violence.
Prosecutor must establish the following elements for proving that the defendant is guilty of making criminal threats:
According to California Penal Code 136.1 it is illegal to prevent or to attempt to prevent any witnesses or victims of a crime from testifying or reporting or about the crime.
Prosecutor must establish the following elements for proving an allegation of intimidating a witness or victim under Penal Code 136.1:
Defendant acts maliciously when he illegally intends to harm, annoy or injure another person in any way, or intends to interfere in any way with the orderly administration of justice. In regards to PC Section 136.1 prosecutor must prove that defendant acted with the intention of dissuading a witness or victim from reporting or testifying or a crime. In case the victim or witness is a family member and defendant dissuaded them for their own protection, then PC Section 136.1 PC stipulates that the court must assume that defendant didn’t act maliciously.
According to California Penal Code 647.6 it is unlawful to molest or annoy a minor under the age of 18 while motivated by an abnormal or unnatural sexual interest in the minor.
The prosecutor must establish the following elements for convicting a defendant of Penal Code 647.6 annoying or molesting a child
Annoying a child according to California Penal Code Section 647.6 PC meets the following requirements:
According to California Penal Code section 646.9 stalking; a defendant is guilty of the crime of stalking if he intentionally, maliciously and repeatedly follows or harasses another person and makes a credible threat with the intent to place that person in reasonable fear for his safety or the safety of his immediate family.
Prosecutor must establish the following elements in order to successfully convict a defendant of stalking under Penal Code 646.9
Credible threat is the one that makes a target person to reasonably fear for his safety or for the safety of a family member. Credible threat can be made in writing, verbally, electronically or in any other way that communicates the threat to a target person. It does not matter whether person actually had intention to carry out the threat or not, it is only important that he was able to carry out the threat.
According to Penal Code 25850 PC, it’s illegal to carry a loaded firearm on a person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.
The prosecutor must establish the following elements to successfully convict a defendant of carrying a loaded firearm under Penal Code 25850:
California Penal Code 25850 PC defines a firearm as any device designed to be used as a weapon, from which a projectile is expelled through a barrel by the force of any explosion or other form of combustion. A firearm includes flare handguns, guns, shotguns, rockets, rifles, zip guns, and assault rifles.
Under California Penal Code 115 filing a false document states, anyone who intentionally procures or offers a false or forged instrument to be filed, registered, or recorded in a California public office is guilty of a felony crime.
"To offer” means to cause or present the document to a government agency, but the document does not actually need to be filed for being convicted of violating California Penal Code Section 115.
Prosecutor must establish the following element for convicting a person under PC Section 115.
Under California Penal Code Section 182 there are four types of penalties for different types of conspiracies.
Conspiracy against a government official
In case the defendant is guilty of conspiring to commit a crime against a governmental official he will face a felony conviction, punishable le by five, seven or nine years imprisonment in a jail.
Conspiracy to commit fraud
In case the defendant is guilty of conspiring to defraud or cheat another person out of property or money he will face a wobbler, with either a misdemeanor or a felony conviction, depending on the case facts and his criminal history.
Penalties for Misdemeanor Conspiracy Conviction include the following
Penalties for Felony Conspiracy Conviction include the following
In case the defendant is convicted of committing two or more felonies which have different punishments and the commission of those felonies constitute but one crime of conspiracy, the punishment must be that prescribed for the felony which has the severe sentence.
All Other Acts of Conspiracy
In case the defendant is guilty of any other acts of conspiracy, he will face a wobbler conviction, punishable in the above described manner. The only exception is a conspiracy to commit identity theft where the fine may be imposed to $25,000.
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Each of the two crimes has a separate set of elements that the prosecution must establish to convict the defendant.
The elements of attempting to deter an executive officer are the following:
The elements of resisting an executive officer in the performance of his duties by using violence or force are the following:
For purposes of PC Section 69, force does not need to cause an injury or harm to a person.
Therefore, even touching in an offensive or rude manner will be enough to constitute violence. However, in order for violence to be a PC Section 69 violation, it must actually deter or prevent an officer from performing his lawful duty.
An Executive Officer is any governmental official who is authorized to use his discretion to carry out a lawful duty.
Examples of executive officers include:
The lawful duties of an executive officer’s are those ones that he is tasked with performing as a requirement of his profession.
Defenses for California Penal Code 69 charges include the following
No intent
For convicting defendant of this crime, the prosecutor must prove that he indented to resist or prevent the executive officer from performing his duties. Thus, it a valid defense if there is no evidence that shows defendant's intention when he acted in such manner.
Unlawful conduct
In case the defendant was attempting to prevent an executive officer’s conduct that was unlawful, he can't be found guilty of the offense, as executive officer is not protected while performing unlawful or illegal conduct.
Self-defense
In case the executive officer was using illegal force against defendant, he was entitled to exercise his right to defend himself by using reasonable force.
In California a crime of resisting an executive officer is a "wobbler" which can be charged as either a misdemeanor or a felony, depending on the case circumstances and defendant's criminal history.
Penalties for misdemeanor Penal Code 69 conviction are the following:
Penalties for Felony Penal Code 69 conviction are the following:
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Criminal negligence is more than just inattention or carelessness. Defendant can be found to be criminally negligent if:
Great bodily injury is a significant or substantial injury. Jury determines on an individual case-by-case basis the existence of great bodily injury. It is important to mention that unlike child abuse crime child endangerment crime doesn’t require that a child to actually suffer an injury. Any unjustifiable mental or physical harm to a child can result in a child endangerment charge.
Some examples of conduct including in the child endangerment
The punishment for violation of PC 273 mainly depends on whether or not the defendant's acts created a risk of great bodily harm or death to the child.
Misdemeanor penalties for California Child Endangerment may include:
Felony penalties for child endangerment can include:
Sentencing Enhancements for causing great bodily injury in California child endangerment cases
If you are a loved one has been charged with violating California Penal Code 273a, child endangerment contact our Glendale criminal defense lawyer today at (310) 943-1171 for a free consultation.
The intention to hurt, injure or kill another person is the most important element of the offense. Even if defendant did not have intention to commit the crime, just threatening to cause a serious injury or to kill will be considered enough for being charged with the crime of criminal threat.
Another important element of the crime is fear. According to the law for convicting defendant of criminal threat the victim should be placed in an actual fear and believe that the threat is credible. There should be no criminal threat charges in case the victim never showed any fear or did not appear to be scared.
Though according to Penal Code Section 422 a threat must be “so unequivocal, unconditional, specific and immediate as to convey to the person threatened”, still some specific empty or conditional threats can be qualified as criminal offenses.
To be considered a conditional threat, a threat should be formulated to reflect a certain condition. Conditional threats are considered criminal threats when there is a clear intent and possibility of performing them in case the victims doesn’t meet the stated conditions. For example a threat to kill a person after getting out of prison is a conditional threat.
Under extortion laws conditional threats can be identified as a blackmail or extortion, which can increase penalties for criminal threats.
The empty threats are those ones that the person who is giving them does not intend to perform them but wants to make the victim scare. But in the face of the criminal threats prosecution, it’s irrelevant whether or not the individual has real intention to perform the threat. It is only important that a person conveys the threat in a credible manner so that the victim reasonably believes in it.
Some legal defenses to California Penal Code Section 422(a) charges include the following
In case the victim feels or does not feel threatened but the fear is unreasonable, then the defendant should not be considered guilty of this offense. Threat must be real and reasonable with the possibility to take place. So if it was unreasonable to perform the threat under certain circumstances it doesn’t important whether the victim actually feared a threat or not.
False accusation takes place when defendant is charged of a crime in a dishonest manner. Some people who are spiteful, angry or vengeful are able to falsely accuse another one for punishing him. Usually this kind of situation appears when the threat was verbal with no written or electronic evidence.
Fear is an important element in this crime and in case the defendant’s threat didn’t place the victim in fear then there is no criminal threats violation.
Penalties for violating California Penal Code Section 422(a) can be charged as a misdemeanor or felony. Under Penal Code Section 422 PC criminal threat is considered a wobbler and can be charged as either a misdemeanor or a felony, depending on the case circumstances and the defendant’s criminal history.
Penalties for Penal Code 433(a) Making Criminal Threats for a misdemeanor conviction are the following:
Penalties for Penal Code 433(a) Making Criminal Threats for a felony conviction are the following:
The defendant will receive additional and consecutive one-year in the state prison in case he used a dangerous or deadly weapon for communicating the threat.
Three Strikes Law
Under California’s Three Strikes Law this offense is a strike and can be used to enhance the penalties on future convictions. The defendant must serve at least 85% of his sentence before he will be eligible for release on parole.
If you are a loved one has been charged with violating Penal Code 422(a) Making Criminal Threats contact our Glendale criminal defense lawyer at KAASS Law today at (310) 943-1171 for a free consultation.
It is not important whether defendant was successful in his attempt to prevent, dissuade or intimidate a victim or witness. Even if the defendant’s attempt was unsuccessful he still violated California Penal Code Section 136.1 PC.
In case the defendant used or threatened to use force against the victim or witness, he will be considered guilty. It doesn't matter whether someone actually suffered or not, the crime is concerned with the defendant's acts and not with the result of those acts. If the force was actually used that will be an aggravating factor with additional three to six-year state prison sentence.
“Witness” is a person who is aware about the facts of a crime, whose declaration under oath may be considered as evidence, who has reported a crime, or has been served with a subpoena.
“Victim” is a person against whom a crime is being or has been committed
Penalties for violating California Penal Code 136.1 can be charged as a misdemeanor or a felony and are as follows.
Penalties for misdemeanor Penal Code 136.1 conviction are the following:
Penalties for felonyPenal Code 136.1 conviction are the following:
In case the defendant used or was armed with a gun while attempting to dissuade a witness or victim he will receive additional one to ten-year state prison sentence.
In case defendant is convicted of violating Penal Code Section 136.1"for the benefit of, at the direction of, or in association with any criminal street gang" California's gang enhancement automatically imposes an additional and consecutive seven-year-to-life prison sentence.
If you are a loved one has been charged with violating Penal Code 136.1 contact our Glendale criminal defense lawyer today at (310) 943-1171 for a free consultation.
Under the Penal Code Section 647.6, the words “molest” and “annoy” refer to the same behavior and actions.
California Penal Code Section 647.6 classifies annoying a child as a “general intent” crime, so the prosecutor does not need to prove that defendant intended to be sexually inappropriate in his behavior. If defendant’s behavior could irritate or disturb another person he can be convicted of committing this crime. Furthermore the child does not actually need to be irritated or disturbed by the defendant’s conduct. According to PC annoying a child charges are examined by what so called “objective test”, when the court only looks at the nature of the behavior itself, but not the result of the behavior.
According to California Penal Code 647.6 PC it is not necessary that the defendant touch the child’s body. The difference between other sex crimes is that crime of annoying a child can be just by using words that could be construed as annoying.
Driven by sexual interest
To convict defendant under California Penal Code 647.6 PC prosecutor must prove that he didn’t only have committed an inappropriate act towards a minor, but also the act was driven by a sexual interest in a child. So in case the defendant’s behavior was driven by other than sexual interest, then he did not commit an annoying a child crime.
Penalties and punishments for a Child Molestation conviction in California can be tried as either a misdemeanor or felony in Caliofrnia
In situations where the defendant has no aggravating factors, the first offense under PC Section 647.6 PC is a misdemeanor with the following penalties:
California Penal Code Section 647.6 becomes a wobbler in case defendant annoyed a minor after entering inhabited dwelling house, inhabited part of a structure or a trailer coach without consent. If convicted as a misdemeanor under Penal Code 647.6(b), defendant will face the same above mentioned punishment.
If convicted as a felony the punishment will be 16 months, 2 or 3 years in California state prison. If the defendant has prior Child Molestation Conviction under Penal Code 647.6, the conviction will be charged as a felony. Defendant will receive up to three years in California state prison for a second or subsequent conviction for annoying or molesting a child.
In case the defendant has prior felony conviction for certain specified sex offense then violation of Penal Code 647.6 will be charged as a felony, punishable by two, four, or six years in state prison. The list of such offenses includes, but is not limited to:
Probation
If the judge believes that the defendant doesn’t present any danger to children, the punishment can be probation instead of jail or prison time. There are two types of probations the defendant might receive, depending on whether he was convicted of a felony or misdemeanor.
Misdemeanor or informal probation can last from 1 to 5 years, with the requirement to pay fines and do some community service/labor. Additionally, defendant will be required to appear before the judge at specified times.
Felony or formal probation can last from 3 to 5 years, with the requirement to regularly meet with a probation officer, pay restitution to the victim and comply with other conditions. Additionally, the judge can sentence the defendant to 1 year in a county jail. In case the defendant violates the conditions and terms and of formal probation, the judge can place him in a state prison.
Registration as a sex offender
Defendant will be required to register as a sex offender for violating Penal Code 647.6 PC. The information about him and his offence will be available for the public to see on the Department of Justice’s Meghan’s Law website.
Harassing means willfully engaging in a course of conduct directed at an exact person that seriously alarms, annoys, terrorizes or torments the person with no legitimate purpose. A course of conduct means continuing acts occurring over a certain period of time.
Malicious act is a wrongful act done with the intention of annoying injuring, or disturbing another person in an illegal way.
Here are some common examples of stalking under California Penal Code 646.9 include
In situations where the stalking acts are committed against an intimate partner the crime will be addressed under California domestic violence laws. A victim of stalking in California can file a domestic violence TRO against the defendant. This factor can lead to harsher punishment and penalties. An intimate partner can include:
According to PC 646.9 stalking is considered a wobbler and can be prosecuted either as a misdemeanor or a felony crime, depending on the defendant’s criminal history and specific facts of the case. Though there are some situations when the crime of stalking will be automatically charged as a felony:
Penalties for a misdemeanor stalking conviction under Penal Code 646.9 include the following
Penalties for a felony stalking conviction under Penal Code 646.9 include the following:
In case the circumstances of the crime meet certain aggravating factors the prison sentence may be increased. Here are some common aggravating factors:
In case the defendant caused great bodily harm to the victim he can be sentences to additional and consecutive 3 to 5 years in state prison.
In case at the time of committing a crime the defendant was carrying a weapon he can be sentenced to additional and consecutive 1 to 3 years in state prison.
For answers to any other questions you may still have about California Penal Code 646.9 charges or to discuss your case confidentially with our team of experienced California stalking defense lawyers give us a call at (310) 943-1171. Our lawyers in Glendale, Los Angeles County, CA, are highly dedicated to serving the needs of our clients.
Under Penal Code 25850 PC a firearm is loaded when there is an unexpended cartridge consisting of a case that holds a charge of powder and a bullet. Even if the firearm is not capable of being fired, it can still be considered loaded if it fits within the above characteristics. If a person carries a gun in a public place, a peace officer has the right to examine whether it is loaded or not.
There is a number of individuals who are exempted from the prohibitions against carrying a loaded firearm in public.
Some individuals from the list are only eligible to carry a loaded firearm under certain conditions. For example, hunters can carry loaded firearms to a designated hunting location if they are in a locked container. Target shooters can carry loaded guns at the target range areas.
Defenses to California Penal Code Section 25850 charges include the following
Usually, this defense applies when the defendant was not carrying the gun on his person. For example, if someone left a gun in his vehicle or in a bag that he was carrying. If the defendant did not know that he was carrying a loaded firearm, he cannot be found guilty of a violation of California PC Section 25850.
This law requires the firearm to be loaded. In case the clip was not attached or there was no bullet in the chambers, a person cannot be found guilty of this offense under Penal Code Section 25850.
For being convicted under PC 25850 defendant must have carried the loaded firearm in a public place, a prohibited area, or in an incorporated area. In case he carried the firearm in a private area he cannot be found guilty.
According to California’s self-defense law, a person can carry a loaded firearm in case he reasonably believes that he or any other person is in imminent danger, and carrying the firearm is necessary for deflecting the threat.
Penalties for California Penal Code Section 25850 conviction can be either charged as a misdemeanor or felony and is also considered a "wobbler" offense in California.
The penalties for a misdemeanor Penal Code Section 25850 carrying a loaded firearm include:
In California Penal Code Section 25850 is considered a wobbler offense. Depending on certain aggravating circumstances and particular circumstances of the case, carrying a loaded firearm can become a wobbler and can be prosecuted as either a felony or a misdemeanor. The aggravating circumstances are the following:
Penalties for a misdemeanor with aggravating factors are the same as for a regular misdemeanor. Penalties for a felony conviction under aggravating factors are the following:
Penal Code lists other aggravating circumstances that elevate a Penal Code 25850 PC to a felony. These aggravating circumstances are the following:
Penalties for felony Penal Code 25850 conviction include:
The defendant must also serve a minimum of three months in county jail if he has a prior conviction for shooting at an inhabited dwelling house or car (PC 246), assault with a deadly weapon (PC 254), and brandishing a weapon (PC 417).
For answers to any other questions you may still have about California Penal Code 25850 charges or to discuss your case confidentially with our team of experienced California criminal defense attorneys give us a call at (310) 943-1171. Our lawyers in Glendale, Los Angeles County, CA, are highly dedicated to serving the needs of our clients.
Though the crime of filing false instruments is most often associated with filing of false property deeds in connection with real estate fraud, California Penal Code Section 115 applies to almost any type of document filed with a state government office. Here are some common examples of forged instruments.
Under California Penal Code 115, filing a false document is a felony. In case the defendant filled or recorded multiple documents, he can be charged with separate counts of California Penal Code 115 violations for each document, even if the documents had similar matters or were closely related. The potential penalties for each count are the following:
The defendant won’t be given probation under Penal Code 115 PC in Cases where
In some particular circumstances the defendant can receive additional punishments to the sentence, known as "Sentencing Enhancements":
Defendant can also face an aggravated white collar crime enhancement, in case:
The penalties for aggravated white collar crime enhancement are the following:
For answers to any other questions you may still have about California Penal Code 115(a) charges or to discuss your case confidentially with our team of experienced California criminal defense attorneys give us a call at (310) 943-1171. Our lawyers in Glendale, Los Angeles County, CA, are highly dedicated to serving the needs of our clients.