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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:
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.
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.
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
According to California Vehicle Code 14601 (VC-14601), it is illegal to knowingly drive a motor vehicle at any time while the license or driving privileges are suspended or revoked.
Prosecution must establish the following elements to convict the defendant of driving with a suspended license
Prosecutor can prove the knowledge of suspended or revoked license in case the following is true:
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.
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.
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.
Have you been convicted of a crime related to firearms? If so, it would be a wise idea to face your court case with the assistance of a law firm. If you are located in or around Los Angeles County, a Glendale criminal defense lawyer at KAASS LAW can help you achieve positive results in court.
California statutes on driving with suspended or revoked license include the following
Under this section it is illegal to drive on a revoked or suspended license due to alcohol or drug abuse, mental or physical liability, reckless driving, or being declared an incompetent or negligent driver.
Penalties for first offense for violating Vehicle Code Section 14601
Penalties for Second Offense Under Vehicle Code Section 14601
Under this section it is illegal to drive on a suspended or revoked license when defendant knows about the suspended or revoked license for any reasons that are not mentioned in sections 14601(a), 14601.2 or 14601.5 of the Vehicle Code.
Penalties for first offense:
Penalties for second offense within 5 years
Under this section it is illegal to drive on a suspended or revoked license because of a DUI conviction.
Penalties for first violation offense under Vehicle Code Section 14601.2 include the following
Penalties for second violation offense under Vehicle Code Section 14601.2 include the following
Under this section defendant can be declared a “habitual traffic offender" in case his driver's license was suspended or revoked during a twelve month period and he was convicted or involved in any combination of the following offenses:
Penalties for first offense
Penalties for second or subsequent offense:
Vehicle Code Section 14601.4
Under this section it is illegal to drive on a suspended or revoked license pursuant to 14601.2 and cause injury to a person other than the driver.
Penalties for first offense:
Vehicle Code Section 14601.5
Under this section it is illegal to drive on a suspended or revoked license based on refusing sobriety tests or BAC levels too high.
Penalties for first offense:
Penalties for second offense within 5 years:
Fine from $500 to $2000 plus penalty assessments.
If you are in need of legal assistance with a court case in California, our attorneys at KAASS LAW would be happy to assist you.
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.
Are you in search of legal assistance? Our lawyers in Glendale, Los Angeles, California, can provide you with services within multiple practice areas of law.
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:
Do you or a loved one require legal assistance in California? Get in touch with the experienced lawyers in Los Angeles, CA, at KAASS LAW now.Our law firm takes pride in providing the best services we possibly can for all of our clients.
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.