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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.
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.
According to California Penal Code 404 a riot is defined as any use or threat to use of force and violence, accompanied by immediate power of execution, by a group of at least two or more people acting together without authority of law
Prosecutor must establish the following elements of the crime to prove that the defendant is guilty of inciting a riot.
Intention is the main element of the crime, so defendant only needs to intend to cause a riot to be found guilty of this crime. Defendant can be charged if he urged others to commit forceful violent or destructive acts while there was an immediate danger of a riot. To prove the crime of inciting a riot the prosecutor does not have to prove that any riot actually happened. Under PC Section 404a defendant can be charged with inciting a riot even if the destruction, violence, rioting, or burning didn’t occur.
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 law manufacturers, distributors and sellers of commercial products have a responsibility to consumers to ensure their products are safe for consumer use. The examples of product liability claims can include unsafe children’s toys, defective autos and auto parts, faulty kitchen, defective motorcycle gear, appliances, defective pharmaceutical drugs, specialized equipment and tools for manufacturing and construction. These are important factors of Product Liability in California.
When a product is more dangerous than a reasonable user would expect, then you can claim the product to be defective. The product is defective in case the consumer is using it in an ordinary way for which of its intent, but it causes injury because of essential fault in the product itself. However, if the consumer uses a product in a dangerous and unusual way, the product cannot apply to it being defective.
Under California Penal Code 529 False Impersonation it is illegal to impersonate another one, by using his name, in an effort to cause harm to that person or to unlawfully gain a benefit.
Prosecutor must be able to prove that the defendant falsely impersonated another one through one of the following actions:
According to California PC Section 529 beyond merely falsely impersonating another person defendant must also commit an additional act. The act can be signing another person’s name or booking photos or prints taken at the police department.
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:
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.
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.
According to California Penal Code Sections 4852.01 - 4852.21 (PC-4852.01) to (PC-4852.21) Certificate of Rehabilitation is a court order that attests to a person’s rehabilitation since his conviction for a particular sex misdemeanor or a felony for which he served state prison time.
Certificate of Rehabilitation doesn’t erase or seal person’s criminal record, but, it does limit the negative effects of criminal record.
Eligibility for getting a Certificate of Rehabilitation include the following
A person wont be eligible for a Certificate of Rehabilitation in case such as
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.
In case the defendant did not intend or did not think that his words would provoke acts of force, violence, destruction, burning or rioting he can’t be found guilty of inciting a riot.
Everyone has the right to free speech, and in case the defendant urged the people to participate and exercise their rights to free speech, but did not call them to commit a destructive or violent act then he shouldn’t be convicted.
Defendant urged the people to act, but the circumstances were such that he reasonably believed there was no present, clear or immediate danger of a riot. In case there was no immediate danger of riot then defendant should not be found guilty under PC Section 404a.
Under California PC Section 404.6(b) inciting a riot is classified as a misdemeanor with the following penalties:
Inciting a riot in a state prison or in a county jail is a misdemeanor but in case the riot results in anyone suffering great bodily injury, the crime can be enhanced to a felony, punishable under California PC Section 1170(h) with the sentence of 16 months, two or three years in a county jail.
Have you been arrested for crimes involving a riot? A Glendale criminal defense lawyer 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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There are the three main types of product liability claims in California, which include, design defect, manufacturing defect, and marketing/ advertising defect.
A design defect occurs when a product fails to perform as safely as a consumer expects, and the risk of its danger outweigh the benefits of the design. Defective designs have created dangerous products as child products, medical devices, safety products and much more. Defective design claims must include a proof that the whole product line is unsafe, regardless of the fact that the dangerous product is in accordance with the manufacturer’s specifications.
A manufacturing defect takes place when the product differs from the manufacturer's specifications and design, or it differs from other units of the same product line. Manufacturing defects can make a product too dangerous to use. A plaintiff must prove there is a flaw in the manufacturing process, and product is different from the manufacturer's design and it is different than the prototype.
A marketing/ advertising defect is when a company can be liable for advertising a product for a purpose for which it was inappropriate or for failing to include proper warnings or instructions with the product. Companies are responsible to market their products in a safe manner. Marketing a product without promoting off-label use of a product or sufficient warning labels are examples of a marketing defect.
According to California strict product liability, a defendant who is aware that the consumer is using the product in a reasonably foreseeable manner that exposes him to a risk of injuries needs to warn the consumer of the risk of injury or harm. The defendant can be liable for failure to warn when such failure could have been a different outcome. So, in case a typical consumer would have become aware of the risk of injuries or harm on his own, then the defendant can’t be found liable for failing to warn of an already-known hazard.
In California different parties in the distribution chain can be liable for a defective product. Defendants can include, product manufacturer and designer, distributor, parties that assemble or install the product, and retailers.
In the case that someone has suffered due to a defective product, the first thing a person should do is see a doctor and receive sufficient treatment for his injuries, the next thing a person should do is document the defective product by using a camera to photograph both his injures and the defective product. If anyone saw the accident, person should also record their testimony and contact information, lastly it is very important to stop using the defective product and put it with all labels and packaging in a safe place. In case a person is aware about the defect but is still using the product, he can lose his right to make a claim against the defendants.
The type of product liability claim determines what a person must prove for winning his case.
In some product liability claims a consumer must prove that the defective product's distributor, manufacturer or seller was negligent. Other product liability claims a consumer is only required to prove that the product was defective. In product liability claims that are based on negligence, a person must establish that a distributor, manufacturer or seller owed a duty or responsibility to him as a consumer, and they breached that duty.
In product liability claims that are based on strict liability a person must only prove that the product that caused an injury to him was defective. Then distributor, manufacturer or seller must be able prove that the harm was due to abuse, modification or misuse of the product. So a person doesn’t have to prove that the company was negligent, only that the product was defective.
Generally, a plaintiff must be able to establish the following elements, to prevail on a claim for products liability in California, defendant designed, distributed, manufactured, or sold a defective product, product contained the defect when it left the defendant's possession, plaintiff used the product in a reasonably foreseeable manner, as a result of the defect the plaintiff suffered harm.
If the above mentioned elements are proven, a plaintiff may be eligible for compensation. The plaintiff may recover for economic damages, these include costs of medical treatment, rehabilitation, nursing care and lost wages. They can also recover for non- economic damages, these include pain and suffering that are difficult to value in terms of money. These damages are very subjective and usually depend on the harshness of the injury and the degree of care that the distributor, manufacturer or seller took to protect the consumer.
If you or someone you know would like to file a product liability lawsuit in California, contact the attorneys at KAASS Law at 310-943-1171. They can provide you with legal assistance by taking a look into your situation.
Several offenses related to PC Section 529 can be charged instead of or in addition to a charge of false impersonation. These include:
In case the person was just someone totally fictional, the defendant cannot be convicted of this crime. Though, defendant can be liable for providing false information to a police officer.
Defendant didn’t create any liabilities for another person, or didn’t gain any benefits
The defendant can’t be convicted of this crime in case his actions didn’t create any legal or financial liability for another person or create any kind of benefit for him.
False impersonation is considered a “wobbler” and a prosecutor can choose to charge it as either a misdemeanor or a felony, depending on the defendant's criminal history the nature of the allegations;
Penalties for Felony Conviction Are the Following:
A criminal defense lawyer at KAASS LAW can help provide you with the legal assistance and defense for Penal Code 529 False Impersonation charges. Contact our attorneys today for a free consultation.
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.
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.
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.
OR in case he was convicted of any of the following crimes:
Benefits of Certificate of Rehabilitation include the following
Second Amendment Rights
In case a person was convicted of a felony, he will be denied his Second Amendment rights—the right to posses or own firearms. The only way to restore these rights is a Governor’s Pardon. After getting a Certificate of Rehabilitation a person is eligible to apply for a Governor’s Pardon.
Public Record
A certificate of rehabilitation, unlike an expungement, does not automatically remove person’s conviction from public databases.
Person’s past convictions still counts as a prior offense in case he commits a crime again. Additionally he must disclose his conviction if applying for a job with the State Lottery Commission, if running for public office, or if applying for a professional license.
Depending on the crime the main waiting period is 7, 9 or 10 years.
The process of applying for the Certificate of Rehabilitation in California include the following filing a petition, obtaining a criminal record copy. proving evidence of rehabilitation, and attending the hearing.
According to California Penal Code Section 4852.06 person must fill the petition for Certificate of Rehabilitation in the Superior Court of his current county of residence. Person must notify the district attorney in his county of residence, as well as the district attorney of each county in which he was convicted of a felony. The notice must identify all crimes for which he is requesting rehabilitation.
The court will require detailed information about person’s criminal history and the crimes for which he is seeking rehabilitation. Person can get a copy of his criminal record at the court where he was convicted or at the California Department of Corrections.
Person will have to provide evidence for proving that he has made positive changes in his life. Evidence can include:
If the Superior Court schedule a hearing to consider the petition it will notify the Governor’s office and the district attorney involved in person’s conviction. The judge will consider testimony and presented evidence. This also includes the opposing arguments offered by the state.
Are you in need of legal assistance with receiving a Certificate of Rehabilitation in the state of California? Our lawyers in Los Angeles, California at KAASS LAW can provide you with all the services that you need.
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.