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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.
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.
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.
Carbon Monoxide, also known by its chemical abbreviation (CO), is a gas comprised of one part carbon and another part oxide. Carbon monoxide is a colorless and odorless gas which exposure can lead to serious illness or death. The most common causes of the wrongful death from Carbon Monoxide poisoning are improperly ventilated generators, stoves, fireplaces and water heaters. According to the California Air Resources Board carbon monoxide poisoning causes death from thirty to forty people each year
The primary law in California which protects victims from Carbon Monoxide Poisoning is California's Carbon Monoxide Poisoning Prevention Act of 2010, which requires carbon monoxide detectors to be installed in every dwelling unit intended for human occupancy. According to the Act all residential property that have a non-electric heater, non-electric appliance or have a fireplace, are required to install carbon monoxide detectors.
All California employers, regardless the number of workers they have, must provide their employees with compensation benefits and pay for compensation insurance. Employers can choose from the State Compensation Insurance Fund (SCIF) or from licensed insurers in the state.
Under California's Workers Compensation Act if an employee has suffered an injury because of his job he can be entitled to benefits. If a person is an eligible employee with a work-related illness or injury, the law requires his employer to pay for medical treatment and partial wage replacement while he is recovering. If an employee wants to get workers’ comp benefits in California it’s under his responsibility to file a claim on time.
In California most common work related injuries are from car or truck accidents, falls, and moving or lifting objects. Almost all injuries related to the job or caused at workplace are eligible for workers’ compensation benefits. The list of injures include:
On February 12, 2019, the Glendale City Council adopted Ordinance No. 5922 which extends the “Just Cause Eviction” Ordinance by adding two new programs. These new programs consist of:
Right to Lease program was created for providing stability and minimizing the effects of displacement caused by extreme rent increases. Right to Lease obliges Glendale landlords to offer current or prospective tenants a written minimum 12 months lease, with an option to renew the lease with an additional year, where the rental rates and any increases during the rental term are set in the agreement. In case the Tenant rejects the offer of a written lease or does not accept the Landlord’s offer within 14 days the offer shall be deemed rejected.
Under California Penal Code Section 203 PC mayhem is defined as the act of maliciously an illegally depriving person of a member of his body; disabling, or rendering useless a member of his body; disabling or cutting his tongue; putting out his eye; slitting his nose, ear or lip.
Under California Penal Code Section 205 aggravated mayhem is defined as intentional causing another person a permanent disfigurement or disability, or depriving him of a limb, organ or member.
California’s Criminal Jury Instructions No. 801 indicates the following additional stipulations on how a person can be found guilty of mayhem:
Under California Penal Code Section 647(i), also known as the “peeping Tom” law, it is illegal to peek into a door or window on someone else’s private property without the consent of the owner for observing persons who are inside.
The prosecutor must establish the following elements for convicting the defendant in the offense of peeking while loitering:
Under California Penal Code 647(i) any building which is used as a residence can be considered an inhabited structure. It is not important whether someone is inside at the time of peeking or not, a person can be charged with peeking while loitering even if no one is at the property.
Penal Code 647(i) doesn’t require specific intent, and it is not important why a person decided to peek into a door or window on someone else’s private property. So a person can be convicted even if he entered the property without intent to loiter or peek.
Unemployment insurance fraud occurs when an individual provides false, incomplete or misleading information, intentionally conceals facts or provides wrong identification for obtaining, increasing or denying benefits.
In California the Employment Development Department (EDD), which is a combination of both state and federal programs, is managing unemployment benefits system.
California unemployment insurance assists people who become unemployed through no fault of their own to keep financial security while they seek new job. There are some circumstances under which a person can qualify for benefits.
A person can recover a maximum of $450 per week and the program can’t last more than one year.
In California both employees and employers can be accused of committing unemployment insurance fraud.
According to California Penal Code Section 401 it is prohibited to intentionally aid, advice, or encourage another person to commit suicide.
Prosecutor must establish the following elements to prove that a defendant is guilty of advising or encouraging a suicide,
“Aiding, advising or encouraging a suicide” means the following:
Even if a person survived the suicide attempt you can still be charged of assisting in suicide as a California attempt crime.
If the defendant helps another person to kill himself he will be guilty under Penal Code Section 401. In case a person asked the defendant to kill him and the defendant carry out that act, then his action will be considered murder, voluntary manslaughter, or attempted murder.
Pursuant to California Penal Code Section 246.3(a) a person who willfully discharges a firearm in a grossly negligent manner which could cause injury or death is guilty of a public offense.
To convict the defendant in negligent discharge of a firearm the prosecution must prove, beyond a reasonable doubt, the following elements:
A person shot the firearm intentionally when he pulled the trigger and knew that the firearm was loaded. In case the gun went off completely by accident and a person reasonable believed that the firearm was not loaded it cannot be a negligent discharge.
Gross negligence is more than an ordinary negligence, it means acting so recklessly that any reasonable person can realize that the act is likely to produce great bodily injury or even death. Gross negligence shows a conscious disrespect and indifference regarding the rights and safety of other people. If a person was shooting the weapon in a place where no one was around then he won’t be guilty under Penal Code Section 246.3. Gross negligence happens when a person was shooting the weapon in an area where many people lived and there was a huge chance that his act could possibly cause injury or death.
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.
CO device is designed to detect carbon monoxide and produce a distinct audible alarm. Carbon monoxide device provides a vital, low-cost and highly effective protection against carbon monoxide poisoning. It can be battery powered or plug-in devices with battery backup. The detector must be certified pursuant to the requirements of Underwriters Laboratories Inc. (UL) and the American National standards Institute (ANSI).
According to California’s Building Code Carbon Monoxide devices are required be installed outside of each separate sleeping area, however for maximum security the State Fire Marshal’s Office recommends to have a CO detector in each sleeping room. CO devices are also required to be installed in garages, basements and on each level of a multi-level home. In hotels, motels, and boarding houses the device must be placed in a sleeping unit that has a fuel-burning appliance. Because Carbon Monoxide is lighter than air and can be found with warm, rising air, detectors must be placed on a wall about five feet above the floor. The detectors can be placed on the ceiling far from a fireplace or flame-producing appliance.
Health and Safety Code Section 17926.1 particularly applies the requirements of the Act to landlords who rent dwelling units to tenants. According to the Act, CO devices shall be operable when the tenant takes possession of the unit. Landlords can enter units for purposes of maintaining or installing CO detectors with notice pursuant to California Civil Code Section 1954. Tenants are required to inform the landlords if the CO device is deactivate or is not operating properly. In case CO device or its batteries were unplugged or removed and the owner was not informed, the owner is not in violation of the law.
Violations of Carbon Monoxide Poisoning Prevention Act can lead to a maximum fine of $200. However property owners will be given a thirty-day notice to correct as a chance to avoid the fine.
Usually the process of filing a workers’ comp claim in California is the following:
According to Labor Code Section 5400 employee must report about the injury to his employer in writing within 30 days of its occurrence to qualify for worker’s compensation benefits. However, according to Labor Code Section 5402 in case the employer obtains information about the injury in some other way (for example from the employee’s supervisor) it is equivalent to written notice. In case the employee failed to report the employer in 30 days he will still be eligible for the recovery unless the delay caused significant negative consequence for the employer.
The insurance company has 90 days for accepting or denying the claim. In case they don’t’ inform the employee of anything within 90 days then the claim is presumed to be accepted.
The insurance company might deny the claim in case:
After learning that the claim is denied the employee is entitled to see a Qualified Medical Evaluator for getting an additional opinion. This is an impartial doctor who is reviewing workers’ compensation claims. In case after the independent evaluation the employee still disagrees with the employer or insurer about a compensation benefits decision, including the claim denial he can file a Declaration of Readiness to Proceed with the Worker’ Compensation Appeals Board (WCAB) within one year of his injury. The employee must serve this form on the insurance company and include a proof of service form. The Appeals Board will hold a hearing and make a decision on his claim.
If a worker is injured and if the employer was not properly insured about the worker’s injury, California’s Uninsured Employer’s Benefit Trust Fund (UEBTF) will step into the place of the insurance company to pay worker’s compensation insurance benefits. The UEBTF will then attempt to recover the money from the illegally uninsured employer.
Rent In case the Landlord and Tenant enter into a written lease with a minimum term of one year, such lease must set forth the amount of the Rent, which may not be changed or modified during the lease year.
Lease Renewal Not later than 90 days prior to the expiration of the lease the Landlord must notify the Tenant of the expiration and offer him a lease renewal with a minimum term of one year. The Landlord’s renewal offer must provide notice of Tenant’s potential eligibility for relocation benefits. Within 60 days of offer receipt, Tenant must either notify the Landlord in writing of his acceptance or reject the offer. Failure to accept the offer in writing shall be deemed a rejection
Future Offers. Any time a Tenant rejects a lease offer or lease renewal offer with a minimum term of one year, the landlord shall be required to subsequently offer a one year lease under the following circumstance: upon the first date the Landlord notices a rent increase after the first year anniversary of the Tenant’s rejection of the prior lease or lease renewal offer.
Just Cause Eviction Ordinance protects tenants from illegal eviction and provides 12 reasons when the landlord can terminate the agreement with the tenant.
If an eviction is not caused by the Tenant’s fault it is subject to relocation assistance under the Ordinance No. 5922
Relocation assistance can be applicable to tenants if they choose to leave after receiving a rent increase over 7 % in 12 a twelve month period. Within five business days after receiving the written notice from the tenant with the intention to leave the rental unit the Landlord must pay the first half of the relocation assistance fee. The second half must be paid not later than in five business days after the Tenant has vacated the unit.
All rental units are covered by the ordinance, except:
For more information concerning the new just cause eviction ordnance, contact our civil litigation lawyers today at (310) 943-1171.
To convict a defendant of aggravated mayhem, the prosecutor must establish the following elements:
In aggravated mayhem case the prosecution must prove that the defendant had the specific intent to disfigure or dismember or a person. For proving an ordinary mayhem, the prosecutor only needs to prove that the defendant committed an act maliciously and that resulted in disfigurement or dismemberment but the defendant didn’t have intent to disfigure or dismember that person.
Maliciously
Under California Penal Code 203 action acting maliciously means committing an illegal act with intent to annoy or injure someone else
Permanent Disfigurement
According to California mayhem law, a disfiguring injury can be considered permanent even if it can be repaired by medical procedures.
In California law both types of mayhem are considered felonies
Penalties for California Penal Code Section 203 Simple Mayhem include:
If the defendant knew or reasonably should have known that one of the below mentioned facts about the victim was true he will receive 1 or 2 year sentence enhancement:
Penalties for California Penal Code Section 205 aggravated mayhem include:
In some mayhem or aggravated cases a probation sentence can be available and can include some actual jail time (not prison), work release or house arrest along with other probation terms.
Both mayhem and aggravated mayhem are considered violent and serious crimes under California Three Strikes Sentencing Law. The defendant will be convicted of a strike offense and suffer additional punishments such as:
Defendant had a reason to be on property
In case the defendant had a lawful reason to be on property (working as contractor or was a meter reader or surveyor), he can’t be found guilty under Penal Code Section 647(i).
Defendant was not on a private property
As an essential element of this offense defendant must be on a private property. It is not unlawful to look through the window or a door of an inhabited structure while standing or being on public property or your own property.
Defendant entered an uninhabited building or structure
In case the defendant was peeked into an uninhabited structure or former inhabited dwelling he should not face a peeking while loitering conviction.
Under California Penal Code Section 647(i) unlawful peeking is a misdemeanor offence and the penalties are the following:
The penalties for second or subsequent offense or a first time offense in case the person being viewed is a minor are the following:
Depending on the case circumstances and the defendant’s criminal history he can be sentenced to misdemeanor probation instead of the jail time. Judge may impose different conditions on that probation, such as periodic court appearances, paying restitution to the victim or staying away from the property and the victim, not committing this offense anywhere else. In case the defendant has two or more prior felony convictions, a prior felony conviction during which he was armed or a prior conviction for a serious felony he can’t be entitled to informal probation.
For answers to any other questions you may still have about California Penal Code 657(i) 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.
Here are some examples of unemployment insurance fraud committed by employees:
Employers are committing unemployment insurance fraud when they try to deny benefits to a former employee for defrauding the EDD, these include:
The California EDD collects information mostly from public fraud report hotline and their field offices that gather unemployment fraud applications.
After gathering information EDD assigns alleged cases to a special investigation unit. In case unit manages to find adequate evidence that fraud has taken place they are will file unemployment insurance fraud charges. If they don’t get enough evidence they will drop the case or work for obtaining further information.
Unemployment insurance fraud is considered a wobbler and can be charged as either a misdemeanor or a felony, based on the case circumstances, the amount of the fraud and the defendant's criminal history. Defendant can be charged either under Unemployment Insurance Code Section 2101 or California Penal Code Section 550 (PC 550).
Pursuant to the California Unemployment Insurance Code Section 2101 (a): It is a violation of this chapter to willfully make a false statement or representation, to knowingly fail to disclose a material fact, or to use a false name, false social security number, or other false identification to obtain, increase, reduce, or defeat any benefit or payment, whether for the maker or for any other person, under any of the following statutes administered by the department:
Penalties for misdemeanor conviction for violating Unemployment Insurance Code Section 2101 include the following:
Penalties for felony conviction for violating Unemployment Insurance Code Section 2101 include the following:
In case the total amount of the fraud is $950 or less the crime is considered a misdemeanor, punishable by:
In case the total amount of the fraud is more than $950 the crime is considered wobbler.
Are you in need of legal assistance as a result of being charged for unemployment insurance in California? A criminal defense attorney in your area may be able to provide you with the help that you need.
California’s End of Life Option Act allows a person who is diagnosed with a terminal disease to ask for an aid-in-dying drug from his physician. For receiving an approval the physician must submit detailed information to the California Department of Public Health.
The patient must meet the following conditions for getting help to commit a suicide under California’s End of Life Option Act:
If the all above mentioned requirement are met the physicians cannot be prosecuted under California Penal Code Section 401 for assisting a terminally ill patient’s suicide.
Common defenses to California Penal Code 401 Aiding, Advising or Encouraging Suicide include
Defendant didn’t have a deliberate intent to help in a suicide
In case the defendant unintentionally aided or encouraged a person to commit suicide without intent, he can’t be found guilty of this crime.
The person didn’t have intent to commit a suicide
Maybe the person who attempted or committed suicide didn’t have actual intent to kill himself. The attempt or the death may have been an accident.
Under California law aiding, advising or encouraging a suicide is considered a felony. The punishment depends on whether the person survived the suicide or not. Defendant can receive lighter punishment in case the person has survived.
The possible penalties under Penal Code 401 Aiding, Advising or Encouraging Suicide” include:
Our Glendale criminal defense lawyers experienced penal code 401 charges and are here to answer any questions If you or a loved one has been charged with penal code 401 and you would like to discuss your case confidentially with one of our criminal defense lawyers at (310) 943-1171.
A firearm is any device which is used as a weapon from which a projective is discharged. A BB gun is any instrument that expels a projectile through the force of gas pressure, air pressure or spring action. Penalties for negligent firing BB gun are lesser than for negligent discharge of a firearm.
Common defenses to Penal Code 246.3(a) including the following:
In using the self defense claim in penal code 246.3(a) charges the defendant may claim self-defense in situations where:
In case the defendant discharged a firearm in the above mentioned circumstances he cannot be found guilty of this crime. However, defendant must have ceased from using force once the threat of danger had passed.
Under California Penal Code Section 246.3 firing a gun intentionally is a key element of the crime. Defendant must have known that the gun was loaded for being convicted in negligent discharge of a firearm.
Prosecution must be able to prove that defendant’s discharge of a firearm posed an actual danger to people. In case no one could have been foreseeable and reasonably hurt then the defendant cannot be found guilty of negligent discharge.
In California law negligent discharge is considered a wobbler and can be charged as either a misdemeanor or a felony, based on the case circumstances the defendant's criminal history. In case the negligent discharge is done with a BB device it is always a misdemeanor.
Penalties for Misdemeanor Penal Code 246.3(a) conviction include the following:
Penalties for Felony Penal Code 246.3(a) conviction include the following:
In case the defendant discharge a firearm in association with a known gang, for the benefit of the gang or at the direction of the gang with the specific intent of assisting the gang in any way he will face additional two, three or four years in prison.
Under California's “Three Strikes” law felony negligent discharge is classified as a “serious felony”. In case a conviction for Penal Code Section 246.3 as a felony is later followed by a charge for another felony, the defendant will face punishment twice the normal sentence for the second offense. A conviction for third felony will result in a sentence of twenty-five years to life in a state prison.
A negligent discharge of a firearm is considered a deportable crime and can lead to severe consequences for non-citizens. In case a defendant is a non-citizen and is convicted of this crime, he can be deported or be subject to inadmissibility grounds.
For answers to any other questions you may still have about California Penal Code 246.3(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.