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According to California Penal Code 476a it is illegal to make, attempt to make, write, pass, and attempt to pass, posses, use or attempt to use an altered, fake or forged check in order to defraud another person or businesses.
Prosecutor must establish the following element to prove that the defendant is guilty of passing bad checks:
Attempt to use a check means representing it as a genuine or real. The representation or statement can be made by conducts or words and can be made directly or indirectly.
The prosecutor must prove the defendant’s intentions to defraud the recipient of the money or other property. Defendant doesn’t necessarily must be successful in his attempt to be considered guilty.
Some legal defenses to Penal Code 476a are as follows:
In case the defendant didn't willfully write, deliver or attempt to use a bad check, he can’t be found guilty for violating PC Section 476a. Thus if the defendant only wrote or delivered the check because he was coerced into doing so by fraud or threats of violence then he hasn’t willfully violated California's bad checks law.
A conviction for this offense cannot be obtained in case the defendant can prove that he had reasonable knew he had an overdraft protection or honestly believed he had enough funds to cover the check.
If you or a loved one have been arrested or charged for Penal Code 476a Writing or Passing Bad Check and seek aggressive defense, we invite you to contact our Glendale criminal defense lawyer for a free consultation. https://www.youtube.com/watch?v=3GdwWBNuBqo
According to California Penal Code Section 288.3 (PC-288.3) it is illegal to contact, communicate with, or attempt to contact or communicate with a person, while knowing that person is a minor, with intention to commit any of the following offenses:
Wire fraud is a crime under both federal and state laws, and the exact definition depends on the law the defendant is charged under.
According to 18 U.S Code Section 1343 wire fraud is defined as recklessly and intentionally making a material misrepresentation to deprive another person of something that has a value. Wire fraud is any kind of fraud scheme that uses wire, radio or television or communication or includes telephone and communications and some types of internet fraud.
Prosecutor must establish the following element for convicting the defendant of a wire fraud:
Usually wire fraud cases involve using misrepresentations for obtaining property or money. But there is also a less known form of a wire fraud called “honest services fraud" which can also lead to charges. Honest services fraud happens when a person abuses a position of trust by accepting kickbacks or committing bribery.
Under California Penal Code Section 118 (PC 118) perjury is an act of knowingly and willfully making false statements after taking an oath, telling the truth, or signing a document that knowingly contains false statements.
The prosecutor must establish the following element to convict the defendant of perjury.
Being under oath is any legal method of confirming the truth of a statement. The most obvious way to be charged with committing perjury is lying under oath during a court proceeding. In case the defendant testified in a civil or criminal or civil case and made a false statement he has committed perjury. A person can also face perjury charges for willfully making false statements while he:
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 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.
Prosecutor must prove the following elements for convicting the defendant of Penal Code 288.3
A minor is a person under the age of 18.
For purposes of California PC Section 288.3, contacting or communication with minor can be direct or indirect. Defendant can personally contact with the minor or through any print medium, through the mail, by postal service or common carrier, through email or the internet and other means of communication. Under California law it is a crime either to contact or communicate or to attempt to contact or communicate with a minor. This means that crime is considered committed merely by sending the communication, regardless of whether the minor receives or responds to that communication.
No intention to commit a crime Defendant should not be convicted under PC Section 288.3 unless the prosecutor can prove that he actually had intention to commit one of the mentioned above sex crimes. Defendant reasonably believed that the person was not a minor In case the defendant can prove that he actually and reasonably believed the person he contacted with was over 18 years this could be a valid legal defense. For example defendant could have met a minor in a place where only persons 21 or older are allowed to be admitted.
A conviction for contacting a minor with intent to commit a felony is punished by the same penalties prescribed for the underlying offense defendant is alleged to have intended. The potential penalties include:
In case the defendant has previous conviction of PC Section 288.3 PC then for any future violations the prison sentence will be increased to an additional and consecutive 5 years. Additionally, for a conviction under PC Section 288.3 PC defendant will be required to register as a sex offender under California Penal Code 290. Are you or a loved one in need of attorney services involving a PC-288.3 charge? Our attorneys at KAASS LAW will be happy to help.
The crime of “wire fraud” can include communications through:
A person can’t be convicted of wire fraud unless he has a scheme or plan to commit a fraud.
Misrepresentation or a lie must be material to support wire fraud charges. This means that the wrong information must be enough important to make influence on another person’s decision. A misrepresentation of an unimportant fact that doesn’t matter cannot count as wire fraud. A defendant can also make a misrepresentation in case he deceives another person by leaving out some important information. Professionals may falsely misrepresent themselves with the intent to financially profit from a situation. There are false misrepresentation lawyers that provide legal defense services for defendants being sued and/or criminally charged, as well as legal assistance for plaintiffs who are suing another party for falsely misrepresenting. Although just to be clear, of course no one lawyer will represent both sides of any same case.
Defendant acted knowingly or recklessly means that he was aware he was telling a lie or he just didn’t care whether his statement was true or false. Thus, for being convicted in wire fraud a person can misrepresent the facts intentionally or can even be recklessly indifferent by making things up without checking if they were true or not.
Potential legal defenses for wire fraud charges are as follows:
For committing a wire fraud defendant must have made a misrepresentation. There can be cases when defendant believed that his statement was true or did not fully understand the situation and simply made a mistake of facts.
The intent to carry out a wire fraud is the most important element of the crime, so the defendant cannot be convicted in case he didn’t want to deceive another person. It is not enough to simply participate in a wire fraud scheme; defendant also needs to have known about the scheme with the specific intention of committing a fraud.
Wire fraud is a federal crime and can result a prison time in federal prison. The penalties for wire fraud include:
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If you or a loved one has been arrested and charged with wire fraud 18 U.S. Code section 1343 we invite you to contact offices of KAASS Law at (310) 943-1171 today for a free consultation with our wire fraud defense lawyer.
Material information is the one that can influence or has a probability of affecting the outcome of the proceeding. There is no requirement that the information actually influence the proceedings
Under California Penal Code Section 127 in addition to committing perjury a person can also be convicted for a “suborning perjury”. Suborning perjury means that the defendant intentionally persuaded, invited or coerced another person to commit perjury either in writing or verbally.
Legal defenses for California PC 118 perjury charges include the following:
In case the defendant did not knowingly make a false statement and honestly but mistakenly believed that his statement was true, this can be a valid defense.
In case the defendant corrected a false statement in a timely manner, the attempt can show that he did not have the intent to provide false information.
The defendant can’t be found guilty in case he was not legally under oath when he made a false statement.
Violation of California PC Section 118 is a felony. The judge has the discretion to issue the penalty based on the seriousness of perjury, the defendant’s criminal record, and whether another person was harmed as a result of the perjury. Possible penalties are the following:
In case the defendant is convicted of perjury that leads to the conviction and execution of another person, he will be sentenced for aggravated perjury, which is punishable by a death sentence or a life sentence without the possibility of parole. Perjury conviction will damage the defendant’s credibility and can lead to other potentially long-term and serious and consequences. Are you someone who is in need of legal assistance due to being accused or charged with perjury? If so, you can get in touch with a criminal defense lawyer near you in order to receive the help that you need. In case you are located within the service area of KAASS Law, we may be able to assist you. https://www.youtube.com/watch?v=jwF5rSHLE7Q
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.
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.