California Penal Code Section 550(a) covers and defines healthcare fraud, which sometimes is also referred to as health insurance fraud and medical billing fraud. Healthcare fraud is submission of false claims or disinformation of healthcare insurers about care or services that may or may not have been provided. Penal Code Section 550(a) lists a range of unlawful conduct and here are some examples that could lead to California health care fraud charges:
Presenting fraudulent or false claim for the payment of an injury or loss
Presenting several claims for the same injury or loss
Participating in a vehicular collision or any other accident, for the purpose of presenting fraudulent or false claim.
Presenting a fraudulent or false claim for the payments of a loss for destruction, damage, theft
Causing a fraudulent or false claim for payment of a health care benefit.
What is Required to Convict a Person of Healthcare Fraud Penal Code 550(a)?
To convict a person in health care fraud, the prosecutor has to do prove his engagement in one of the unlawful behaviors described in Penal Code Section 550(a) and also two additional elements of the crime.
Defendant knew that the claim was fraudulent or false
Defendant intended to defraud the medical insurance program or insurance company
These types of crimes are usually committed by health care providers including chiropractors, physical therapists, nurses, nurse practitioners, dentists, and administrators. If convicted of health care fraud, professional licenses can be suspended or revoked.
Penalties for Penal Code Section 550(a)
In California penalties for health care fraud depend on the amount of the fraudulent claim. Health care fraud claims of $950 or less. In case the claim is $950 or less then the health care fraud is a misdemeanor.
Penalties for a Misdemeanor Medical Fraud Conviction
Penalties for misdemeanor medical and or health care fraud depend on the amount of the fraudulent claim, but may include the following:
a fine of up to one thousand dollars and/or
up to six months in a county jail.
Health Care Fraud Claims for More than $950
In case the fraud was more than $950, then the crime of health care fraud is considered a wobbler. The defendant can be charged with either a misdemeanor or a felony conviction. Penalties for a misdemeanor conviction are:
up to one (1) year in county jail, and/or
a fine of up to $10,000
Penalties for a Felony Medical Fraud Conviction
Penalties for felony medical and or health care fraud include the following:
Probation with up to one year county jail,
Two, three, or five years in county jail and/or
Fine up to $50,000 or double the amount of the fraud whichever is larger
In case the charges involve more than one claim, then the key question is whether all the claims add up to more than $950 in twelve months period.
California Medical Fraud Defense Lawyer
Hire the most dedicated California medical fraud defense lawyer to help defend and fight your Penal Code 186.10 charges. Our attorneys at KAASS LAW are highly dedicated to help our clients in every way possible. You can rely on our experienced lawyers in Glendale, Los Angeles, California, to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced Glendale criminal battery attorney today. Get in touch with us at KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171 at any time.
Under California Penal Code 186.10 money laundering is a financial crime referring to transactions intended to promote or facilitate criminal activities, or transactions knowingly made with proceeds from criminal activity.
To prove money laundering under Penal Code 186.10 the prosecutor must prove the following elements:
Defendant conducted or attempted to conduct a financial transactions or a series of transactions through a financial institution.
The total sum of transactions was more than $5,000 in a seven day period or more than $25,000 in a 30 day period.
Defendant made the transaction with intent to promote criminal activity or he knew that the money involved were from the proceeds of criminal activity.
What Qualify as "Transactions" in Money Laundering Cases?
Money laundering is the act of using stolen funds to conduct a transaction through a bank or some other financial institution. California law lists the types of activities which can qualify as transactions, those are: withdrawals, bank deposits, wire transfers, fund transfers, payments, and other financial activities. Attempts to conduct business can also qualify as money laundering even if the transaction isn’t finished. In case the funds are used for making purchase or for any other reason, they won’t be considered to have been laundered under California law.
California civil litigation proceedings help resolve private conflicts between people, businesses, and/or the government in Government Tort Claims actions. Litigation is one of the most fundamental aspects of law. It refers to the formal process of resolving legal disputes by filing or responding to complaints through the public court system.
Litigation Lawyers and Legal Processes
What most people tend to think of when they think about lawyers and courts is typically not very representative of what actually goes on. The classic Law and Order portrayal of law in Hollywood, albeit very immersive and dramatic, does not give a realistic overview of what the legal process entails, or how one goes about it.
California Litigation Process
A much more reasoned approach to understanding how the legal process works, would be to simply take a look at the process of taking legal action, or litigation. In any case, the process begins when someone files suit. Typically, the plaintiff begins this process when they file a formal complaint with the clerk of the court. At this point, the defendant must be notified that a lawsuit was filed against them, so as to give them the proper notice before a court date. The defendant must then figure out their strategy to deal with the lawsuit and so usually a lawyer or firm gets hired on to help with legal counsel and representation. Then, the court establishes personal jurisdiction and a location is finalized for the court that will have authority over the complaint.
Cybersecurity has never been as important as it is today for safeguarding crucial information. This includes information that can easily be used to identify and to compromise the personal details of our lives. Everything from bank account and transactional details to personal milestones, memories and life events are all available to access online. All of these trends are natural consequences of our increasing reliance on the internet and online activities. The sheer amount of personal data that can be retrieved online is staggering...which then begs the question: who or what is protecting all of it?
Does Online Security Exist?
While an easy answer to the question of online security simply does not exist, we can determine the security protocols of many of the online services we use by doing some quick research. The main things to look out for are their terms of use and their privacy policy. These two together are what constitute the core ethos of the company with regards to their users’ privacy and the lengths they are willing to go through to protect it. Outside of that, it’s all about being conscious of what services you use and what information you give up in order to use it. However, despite being careful, there’s no much you can do if the service itself gets breached. In those cases, it’s all about how the company responds to and deals with online attacks.
Turo third-party auto liability insurance is purchased through Turo and includes coverage for renters/guests under a third-party automobile liability insurance policy purchased from Liberty Surplus Lines, a Liberty Mutual Group company Said Liberty Mutual Policy provides guests with insurance coverage while they are driving the rented vehicle during the booked trip. The following covers information regarding Turo's California peer-to-peer car rental insurance coverage.
Turo's Insurance Coverage for Bodily Injury and Property Damage to Third Parties
According to the Turo website, Turo's insurance coverage for bodily injury and property damage to 3rd parties is as follows:
Bodily injury and property damage to third parties:
The Liberty Mutual Policy insures guests against liability to third-parties for bodily injury and property damage resulting from the use of the booked vehicle during the booked trip, up to the minimum liability coverage required by state law. This coverage cannot be declined. Note, however, that it does not apply to vehicles that are booked on Turo from a Commercial Host.
According to California Penal Code Section 459, burglary is the act of entering into a residential or commercial structure with the intent to commit either a theft crime or felony.
To be convicted of burglary the prosecution must prove the following elements:
Defendant entered a building, room, locked vehicle or structure. For being convicted in a burglary a person doesn’t not require to “break into” a property, it is enough to enter a structure through an unlocked or open door or a window;
Defendant intended to commit a theft crime or felony at the time of entering the building, room, vehicle or structure;
Defendant stole or had an intent to steal a property, which value was more than nine hundred fifty dollars.
California burglary law also differentiates between two forms of burglary charges which are categorized as first-degree burglary and second-degree burglary.
California First Degree Burglary Charges
California first-degree burglary is burglary of a residence. A “residence” can be any of the following: inhabited house, a room within an inhabited house, inhabited floating home, inhabited hotel or motel room, inhabited trailer coach, inhabited floating home. Residence will still be considered inhabited even if the occupants left it because of a natural disaster or other type of disaster.
California Penal Code Section 503 defines embezzlement as fraudulent appropriation of property by a person to whom it has been entrusted. To commit a person in the embezzlement the prosecutor must be able to prove each of the following elements:
The owner of the property entrusted his property to the defendant;
The owner did so because he trusted the defendant;
The defendant illegally converted or used the entrusted property for his own benefit and;
Upon converting the property the defendant intended to deprive the owner of the property's use
Embezzlement can only be proved if there is an actual evidence of trust or confidence between two parties. To “entrust” means to give a legal power to access or control the property. When a person abuses a position of trust and take or use a property which doesn’t belong to him his action are considered fraudulent. There must be a clear intent to deprive the property’s true owner of its use. This deprivation does not need to be lasting. Merely preventing the owner of the property from using or enjoying his property even for short period of time is considered enough to satisfy the intent element of embezzlement. Restoring the embezzled property will not protect you from punishment, but restoring property may help to decrease the harshness of the sentence.
Peer-to-peer car rental sharing apps and services, such as Turo or Gertaround which allows you to rent another person’s vehicle. There are a few things to keep in mind when using such service, such as insurance covered and P2P car sharing liability issues.
If I Rent a Car Through a P2P Car Sharing App Will My Personal Auto Insurance Cover The Damages?
If you are wondering if your personal auto insurance will cover your auto damage in the event the you rented a car and were involved in an accident you will have to check the language in your own policy. Many auto insurance companies included language which specifically excludes coverage if you’re using a P2P vehicle. While your personal car insurance covers traditional rentals, it may not cover peer-to-peer car sharing.
Car Sharing Insurance Claims and Coverages
Often, car sharing companies such as Turn, generally provided basic insurance plans, however they carry very low limits, thus it’s worth spending more to get top-tier plans to increase coverage in the event the renter of your car is involved in an auto accident. Therefore, you will need to purchase the car-sharing company’s auto insurance to be sufficiently covered
California Penal Code Section 242 (PC-242) outlines the crime of battery as "any intentional and unlawful use of force or violence upon the person of another."
The following elements must be established in order to prove a charge of battery:
Defendant willfully and illegally touched another person in offensive or a harmful way (for example, grabbing another person's arm in anger or touching the private parts of another person would be considered battery);
Defendant did not act in self-defense or in defense of someone else
Battery is often discussed in connection with the criminal offense of assault. Although battery and assault are considered two completely different offenses.
California Assault Penal Code 240
Assault is described in Penal Code Section 240 as an action that may impose physical harm or unwanted touching on someone else. While, on the other hand, pursuant to Penal Code 242 battery is the actual infliction of force or violence on someone else.
Actual Physical Contact is Not Necessary for Assault
In case of assault, any actual physical contact is not necessary to be present, whereas a battery cannot be accomplished without a touching of the victim. A person can be charged with battery even if no injury or pain is caused to the victim. The slightest touch is enough for a battery charge if it is done in an annoying, disrespectful or rude manner.
California law allows persons to recover damages for intentional fraud as well as negligent misrepresentations if certain elements are sufficiently plead and proved.
There are specific elements that a party is required to prove in order to successfully recover damages suffered due to the fraud or misrepresentation. A false misrepresentation lawyer near you should be able to provide you with legal assistance for your situation.
What is Fraud?
Fraud is using deceit or dishonest means for the purpose of depriving another of money, property or a legal right.
What are the Different Types of Fraud?
Intentional Fraud/ Deceit occurs when the defrauder uses deceit or false important facts to convince the victim to rely on the false facts. Then the victim reasonably relied on and was harmed by the deceit.
Promissory Fraud occurs when the defrauded makes a promise that is important to the transaction that he or she never intends to, nor never performs, in order to induce the victim to rely victim rely on the promise. Then the victim must reasonably rely on and be harmed by the false promise. “An action for promissory fraud may lie where a defendant fraudulently induces the plaintiff to enter into a contract.” ( (1997) 15 Cal.4th 951, 973-974; (1985) 39 Cal.3d 18, 30.)
California Health & Safety 11370.9 Money Earned From Drug Crimes
In California there are two specific laws that relate to money laundering: California Penal Code Section 186.10 and California Health and Safety Code Section 11370.9. Penal Code Section 186.10 deals with money that is related to any type of criminal activity, California Health & Safety Code covers money earned from drug crimes.
Health & Safety Code Section 11370.9
In order to be convicted of Health & Safety Code Section 11370.9 money laundering in connection with drug crimes, the prosecutor needs to prove the following elements:
Defendant received, acquired, or engaged in a transaction involving money or property that he knew was derived from a controlled substances offense, such as selling or transportation of a controlled substance;
Defendant committed the money laundering transaction with intent to conceal the illegal source of money;
The total amount of laundered money was more than $25,000 in a thirty day period.
Criminal Charges for Money Laundering of Drug Proceeds
In contrast Health & Safety Code doesn’t require the money to pass through a bank or other financial institution. A person can be charged with money laundering of drug proceeds even if the money was never converted from cash.
Penalties for Money Laundering in California Misdemeanor
In California law both forms of money laundering are considered wobblers. Penalties for misdemeanor money laundering include:
Up to one year in county jail; and/or
Fine of up to one thousand dollars
Penalties for Felony Money Laundering Penal Code 186.10 Charges
Penalties for felony money laundering under Penal Code 186.10 include:
Sentence of sixteen months, two or three years in county jail; and/or (the sentence increases in case the amount of money laundered is more than $50,000)
Fine of up to $250,000 or twice the amount of money laundered (the fine increases if is not the first conviction for money laundering)
Penalties for Felony Health & Safety Code 11370.9 Charges
Penalties for felony Health & Safety Code 11370.9 criminal charges include:
Two, three, or four, years in state prison; and/or
Hire the most dedicated California money laundering defense lawyer to help defend and fight your Penal Code 186.10 charges. Our attorneys at KAASS LAW are highly dedicated to help our clients in every way possible. You can rely on our experienced lawyers in Glendale, Los Angeles, California, to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced Glendale criminal battery attorney today. Get in touch with us at KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171 at any time.
Bear in mind that most of this process is heavily bureaucratic and involves many back and forth between the two parties. To avoid some of the confusion, both parties must meet and discuss with each other the nature of the case. This is done to determine specific issues, points of disagreement, to broach the possibility of settlement, and to start making plans for discovery and disclosure. In fact, depending on the case, discovery and disclosure can very easily end up taking up a huge chunk of time because during this period, both parties must disclosure to one another the various pieces of information they are planning on submitting and using as evidence in court. If the case ends up having many different pieces of evidence, then the discovery and disclosure period will be very lengthy, and yet also very important too.
Evidence, Litigation, and Strategy
This period is one of the few in which both parties must be completely open and honest with one another, and therefore it marks an excellent opportunity for a good lawyer to get enough insight as to how the opposing side is going to approach the conflict. By seeing the evidence that the opposition plans to use against you, you can formulate a general picture of their plan so that you can begin countering it with yours. As such, this step in the legal litigation process is absolutely crucial for both sides.
California Pre-Trial Conference
Once both sides have had their turn to see the other side’s evidence, the court will move to schedule an early pretrial conference. There, at the pretrial conference, both sides meet in a courtroom in front of a judge, who facilitates a discussion of the issues of the case. This discussion is important to have because some cases are not suited to go on trial since there may be a lack of material issue of dispute or disagreement between the parties. Other cases are just simply ambiguous and some clarification is needed for the judge to determine what the key problems are and whether or not those issues can be resolved through trial. As such, the judge will ask questions to both sides so as to clarify the actual points of contention for each party.
Litigation, Motions, and Discovery
After that, the defendant has the ability to file motions and answers, the first of which aims to dismiss or otherwise discredit the plaintiff’s accusations and the latter of which acts as a response to the initial complaint made by the plaintiff. Either way, these motions can be absolutely crucial to the success of the defendant in court because they can make huge strides by eliminating several avenues of argumentation that the plaintiff or prosecutor may use in court. Past this period, both parties once again disclose documentation and the discovery process moves forward; both parties now have another opportunity to file for more motions and finally the court will hold one last pre-trial conference. After all of that has been said and done, the court conducts the trial.
California Civil Trial Proceedings
During the trial is when most, if not all, of the action that you see on TV actually takes place. As you can see, there is a lot more to the story that happens leading up to the day of trial and even during the trial the proceedings take place in an organized manner. At the end of the trial, the court decides upon and files its judgment. Once this takes place, post-trial proceedings, such as appeals, can be made. If either party chooses to appeal, they have another opportunity to present their case, which may or may not sway the final decision. Appeals are considered on the basis of briefs or oral arguments which to serve to demonstrate why the judgment that was rendered was unjust or inadequate, as well as to propose another judgment that the court can implement instead.
End of Trial and Final Judgement Verdict Rendered
Finally, the last ruling or verdict is made, which is typically by a jury, and judgment is enforced. This means that whatever the court decides must get carried out and at this point the litigation process finally concludes. This coverage and overview of the litigation process aims to illuminate the various steps, proceedings, and protocols that go into the work that gets put into any given lawsuit case. Folks who work in the legal world all must understand and abide by the legal process and as such litigation is the cornerstone of how our society enforces laws and renders justice. At
California Civil Litigation Lawyers
KAASS LAW's civil litigation lawyers are well-aware have litigated and tried numerous cases in various areas of law. We believe that going the extra mile to educate and raise awareness will always pay dividends in the end. As such, we are always available to answer and to clarify any questions or concerns our clients may have regarding their case, and it is also why we do pro bono work. If you have any questions concerning a legal matter, feel free to reach out to us at (310) 943-1171 to speak to our experienced litigators today. We will give you the insight, confidence, and security you need to win your case.
Unencrypted Personal Information Acquired By Unauthorized Persons
As far as how companies must respond to security breaches, there are laws in place which require them to disclose what happened if the compromised information can jeopardize clients’ personal information and private matters. Specifically, the California data security breach notification law was enacted in 2002 and has been in effect ever since and it requires that companies notify California residents whose unencrypted information was acquired by any unauthorized person. The law is extensive in that it still requires that you be notified even if the information was leaked or hacked. This means that even if a company is not one hundred percent sure if your information was breached, they do still have to notify you so long as there is a reasonable doubt.
California Civil Law Code 1798.82
California’s civil law code 1798.82, while originally enacted only in California, most states have since followed suit by enacting similar laws. In fact, the California data security breach notification law was quite novel and progressive for its time as it deals with issues of cybersecurity and online privacy at a time when those areas were nowhere near as well-developed and intensive as they are today. The intent of this law is simply to ensure that the public remains aware of any successful cybersecurity attacks and to keep companies accountable for their security protocols and measures.
Cyber Security and Online Encryption
Since this groundbreaking law came into effective, there have been many more laws like it added in an effort to stay ahead of the security curve. The importance of strong, online encryption really cannot be understated and it was laws like these that jump started the movement.
At KAASS LAW, we believe your personal information is yours, only. If you have any doubts as to whether or not your personal data was breached, or if you have any questions about what can be done about it, then we encourage you to give us a toll free call at (310) 943-1171 to speak to our California privacy attorneys today. We can walk you through your options and we will always stand by our clients and their security.
If the renter of the vehicle selects the Supreme or Premium plan, the limits of the coverage provided under the Liberty Mutual Policy are increased to a combined single limit of $1,000,000.
Turo's Uninsured or Underinsured Motorist (“UM/UIM") Insurance Coverage
According to the Turo website, Turo's insurance uninsured or underinsured Motorist (“UM/UIM") insurance coverage is as follows:
The Liberty Mutual Policy includes the statutory minimum amount of UM/UIM coverage in those few states where UM/UIM coverage is required by law and cannot be waived.
UM/UIM coverage, when available, protects guests and passengers from losses resulting from bodily injury caused by an uninsured driver, hit and run driver, a driver whose limits of liability have been exhausted, or a driver whose insurer is insolvent while in the booked vehicle during the booked trip.
Turo has either waived this coverage entirely or subscribed to the lowest limit allowable by state law. Hosts and guests are bound by Turo’s election and, in addition, agree to be bound by that election pursuant to the Terms of Service.
Physical Damage to Shared Vehicle Using Turo
Protection plans made available by Turo also address the renters liability for any damage to the booked vehicle which may occur during the booked trip.
Turo Renters Responsible for Physical Damages of Booked Vehicle
The person who rents out a car using Turo is responsible to return the booked vehicle on time and in the same condition as when they first received it. The renter is held financially responsible for all physical damage to the booked vehicle, as well as related costs, if any. If, for instance, there is physical damage to the booked vehicle during the period of the booked trip, the renter will be legally liable for the costs of repair, plus related costs, if any. If there is physical damage to the rented vehicle and the cost of repair exceeds 75% of the actual cash value of the vehicle, the renter will be legally liable for the actual cash value of the booked vehicle, plus related costs, minus the salvage value, if any.
Los Angeles Turo Accident and Insurance Lawyer
If you were involved in an peer-to-peer sharing auto accident in California we invite you to hire our dedicated Los Angeles Turo accident and insurance lawyer today. Our skilled accident attorneys leverage their considerable experience into obtaining significant settlements from insurance companies who are known for being reluctant to pay out on claims. You can rely on our experienced lawyer to carefully analyze the facts of your case to prove the facts necessary. To schedule a free consultation with one of our peer-to-peer sharing app lawyers, call Kaass law today at (310) 943-1171 or send us an email through our online appointment form.
California second-degree burglary occurs when if the burglary involved a commercial break in and other type of structure including stores and businesses.
Defenses for Penal Code 459 Burglary
Lack of Intent is a legal defense to Penal Code 459 Burglary If the defendant did not have intent to commit a theft or a felony at the time of entering the structure, he can’t be found guilty of burglary.
Factual innocence is also a legal defense to California burglary charge and occurs when an innocent defendant is accused for a charge which may include the following:
False accusation
Mistaken identity
Deceptive evidence
Penalties for California First-Degree Burglary Conviction
In California, first-degree burglary or residential burglary is always considered a felony. The punishment for first-degree burglary can include:
Two, four or six years in California State Prison
Felony Probation and/or
A fine up to $10,000 dollars
Penalties for California Second-Degree Felony Burglary Conviction
Under Penal Code Section 459 second-degree or commercial burglary is considered a wobbler. Conviction for commercial burglary carries a less harsh penalty than a conviction for first degree burglary. Depending on specific circumstances and the defendant’s criminal history this type of burglary can be charged as either a felony or a misdemeanor. Penalties for second-degree felony burglary are:
Felony probation;
16 months, two or three years in county jail; and/or
A fine up to $10,000 dollars
Get Help Defending California Burglary Charges from an Experienced Lawyer
Hire the most dedicated Glendale criminal defense lawyer to the legal services you require! Our attorneys at KAASS LAW are highly dedicated to help our clients in every way possible. You can rely on our experienced lawyers in Glendale, Los Angeles, California, to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced Glendale criminal battery attorney today. Get in touch with us at KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171 at any time!
Embezzlement Commonly Involves Employee Theft or Employee Fraud
Embezzlement most commonly occurs in cases in connection with business, because most cases involve an employee/employer relationship. That’s why embezzlement is also called employee theft or employee fraud. Typically embezzlement involves theft which can be both grand and petty theft. However, embezzlement can also be connected to other crimes like forgery, burglary, receiving stolen property.
Defenses to Penal Code 503 Embezzlement
Defendant had a good faith belief to entitlement: Under California Penal Code 503 you might be exonerated if you had a reasonable belief that you had a right to the property you took. You have to show that:
Defendant took the ownership of the property openly or publicly without using surreptitious methods;
Defendant didn't take the property because the property owner owed you a debt
Lack of criminal intent: Embezzlement, like all theft crimes, requires “specific intent,” so if you took property accidentally or then this defense can apply.
False accusation:False accusations are mostly common in embezzlement cases, because the injured party is almost always someone who had a preexisting business or personal relationship with the defendant.
Penalties for Penal Code 503 Embezzlement
Since California embezzlement is categorized as a theft crime, you will be faces penalties either charged under grand theftor petty theft depending on the type and value of the embezzled property. When the value of stolen property is less than $950 embezzlement is considered a form of petty theft and when the value is $950 or above embezzlement is a form of grand theft.
California Penalties for Grand Theft Embezzlement
You will face the penalties for grand theft embezzlement if the:
Property valued more than $950
Property was a motor vehicle
Property was a firearm
In most cases grand theft embezzlement is a wobbler offense in California, thus it may be charged as either a misdemeanor or a felony. Cases involving firearms always carry felony penalties.
Penalties for Misdemeanor Grand Theft Embezzlement
Penalties for misdemeanor grand theft embezzlement in California include:
Up to one year in a county jail
Fines up to one thousand dollars
Misdemeanor (summary) probation
Penalties for Felony Grand theft Embezzlement
Penalties for felony grand theft embezzlement in California include:
Either 16 months, two or three years in a county jail; and/or
A fine of up to ten thousand dollars; and/or
Felony (formal) probation
California Sentencing for Grand Theft Embezzlement
California Penal Code provides sentence enhancement in case grand theft embezzlement includes particularly large sums of money.
One year for property valued more than $65,000
Two years for property valued more $200,000
Three years for property valued more $1,300,000
Four years for property valued more $3,200,000
Petty Theft Embezzlement Penalties
In California law petty theft embezzlement is a misdemeanor offense, punishable by:
Up to 6 months in a County jail;
A fine up to $1,000
Misdemeanor Probation.
Get Help from a California Embezzlement Defense Lawyer
Hire the most dedicated California embezzlement defense lawyer to the legal services you require! Our attorneys at KAASS LAW are highly dedicated to help our clients in every way possible. You can rely on our experienced lawyers in Glendale, Los Angeles, California, to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced Glendale criminal battery attorney today. Get in touch with us at KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171at any time!
What is the Deductible if P2P Rental was Involved in Auto Accident Using Turo?
If you were involved in an auto accident using a Turo peer-to-peer rental car, you will be charged a deductible, typically from $1,000 to $3,000 if the company needs to file a claim.
What Risks Should Owners That Participate in P2P Car-Sharing Be Aware of?
Participation in any peer-to-peer sharing apps comes with risks, especially in your renting your car out. The most obvious risks is potential damages to your vehicle, fighting with the insurance companies to receive a fair market value for your car in the event. Further, if you don’t notify your insurance company that you’re renting out your car and or your participation in a P2P car-sharing you may potentially be at risk of having your policy canceled. Thus, its best to check with your insurer before placing your car for rent on a car-sharing app.
If I Rent My Car Through a P2P Car Sharing App Does My Insurance Cover My Car?
If you rent your car through a PTP car sharing App such as Turo, generally your car will not be covered unless you have a commercial auto insurance police. Personal auto insurance policies are now being written to specifically exclude peer car-sharing apps from coverage. While, companies such as Uber or Lyft provide liability insurance coverage to accommodate peer-to-peer car sharing it is best you check if the P2P car sharing company you are participating offers such coverage. Turo, works a bit different than Uber and Lyft liability insurance claims.
Turo Liability Insurance Coverage for Car Owner
Turo's Primary liability insurance coverage covers the car owner up to $1,000,000; protection for physical damage to your car is provided without deductible for the Premium and Standard host protection plans, and with a $3,000 deductible for the Basic plan.
Turo Premium and Standard Liability Insurance Plans
Under Turo's premium and standard liability insurance plans, car owners receive the actual cash value of their car or up to $125,000, in the even the vehicle is deemed as totaled. Coverage is not available for hosts who are not utilizing a Turo protection plan. More over, primary liability coverage up to $1,000,000; no protection for physical damage to your car.
Delivery Period (when the host or designee, who is a “Turo Approved Driver,” is actively delivering the car to the guest, and not while retrieving the car from the guest).
Turo's Premium Insurance Plan: Liability Coverage for Renters
Per Turos Premium Plan haves insurance liability coverage up to to $1,000,000. Physical damage to the car covered up to the actual cash value of the car. No deductible for the supplemental liability coverage. Turo's premium liability insurance insurance is secondary to any other insurance the renter may have, however as mentioned, often times your own insurance will exclude coverage for car-sharing services. Lastly, once you’ve exhausted your own insurance for physical damage, your out-of-pocket expense is limited to $500.
Rental Car Turo Liability Insurance for Owner
Liability coverage for owners who rent their car out using Turo are covered up to a combined single limit of $1,000,000 for liability. Coverage includes personal liability for the renter, third-party liability for passengers and other affected parties, and third-party property damage arising from a car accident. Comprehensive and collision coverage The collision coverage provided protects the owner's vehicle in the event of an accident. Liability insurance coverage applies for the duration of each rental, from start to finish, and includes liability, collision and comprehensive.
Get From Attorneys Who Help All Accident Victims of Turo and Other Peer-to-Peer Sharing Apps
If you were involved in an peer-to-peer sharing auto accident in California we invite you to hire our dedicated Los Angeles Peer-to-peer accident lawyers today. Our skilled accident attorneys leverage their considerable experience into obtaining significant settlements from insurance companies who are known for being reluctant to pay out on claims. You can rely on our experienced lawyer to carefully analyze the facts of your case to prove the facts necessary.
To schedule a free consultation with one of our peer-to-peer sharing app lawyers, call Kaass law today at (310) 943-1171 or send us an email through our online appointment form.
KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171
You acted in self-defense or defense of another person: You cannot be convicted of battery in case you reasonably thought that you or someone else was in danger of bodily injury or death and you reasonably used force to defend against that danger.
You did not act willfully or intentionally when committing the harmful touching: You cannot be found guilty of the offense, if the battery was the result of an accident or the outcome of events.
PC 242 Battery Penalties
Under California PC 242 simple battery is prosecuted as a misdemeanor.
The potential penalties for a criminal battery conviction include:
Up to six (6) months in county jail; and/or;
A fine of up to two thousand dollars ($2,000)
Battery and Related Offenses
Battery causing serious bodily injury under Penal Code Section 243(d)
A defendant can be charged under California Penal Code section 243(d) if the victim of a battery suffers serious bodily injury. Battery under this section is also known as “aggravated battery.” A serious bodily injury is any serious impairment of physical condition. Aggravated battery in California law is considered a wobbler and it may be charged as either a felony or a misdemeanor, depending on the specific circumstances of criminal offense.
If convicted of a misdemeanor charge for this offense you can face up to one year in a California county jail. If it is charged as a felony you can face two, three, or four years in a California state prison.
Domestic Battery Under Penal Code Section 243(e)(1)
In case the victim of a battery is a family or household member you can be charged with domestic battery. Under Penal Code section 243(e)(1) you are considered guilty of domestic battery if alleged victim is a:
Current or former spouse;
Current or former boyfriend
Cohabitant or former cohabitant;
The parent of your child;
A person with whom you have or used to have a dating relationship.
Domestic battery is considered a misdemeanor and is punishable by up to one year in a California county jail and/or a fine of up to $2,000.
According to California Penal Code Section 187 the defendant faces 25-years-to-life in the California State Prison for a first-degree murder. In case the conviction is based on a “hate crime,” the defendant faces life in prison without any possibility of parole or early release. Factors that can lead to a conviction for a hate crime murder include the victim's race, sexual orientation, disability, or nationality.
Get Help Defending PC 242 Charges from an Experienced Lawyer
Hire the most dedicated Glendale criminal defense lawyer to the legal services you require! Our attorneys at KAASS LAW are highly dedicated to help our clients in every way possible. You can rely on us to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced Glendale criminal battery attorney today. Get in touch with us at KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171 at any time!
Concealment Fraud occurs when there is a fiduciary or other relationship between the parties where there is a duty of full disclosure. The concealing person, with an intention to deceive, does not disclose important facts that the concealing person knows but the victim does not and could not know. Further, the victim reasonably relied on and was harmed by the concealment.
Constructive Fraud or Negligent Misrepresentation occurs when the perpetrator misrepresents to the victim that an important false fact is true. However, the defrauder may have honestly believed that the false representation is true. Yet, the defrauder had no reasonable grounds for believing the representation was true when he or she made it; and he or she intends that victim rely on the representation. The victim must reasonably rely on and be harmed by the false representation.
How to Prove Intentional Fraud in California?
In proving intentional fraud in California it requires all of the following elements be proved:
misrepresentation (false representation, concealment, or nondisclosure);
knowledge of falsity (or ‘scienter’);
intent to defraud, i.e., to induce reliance;
justifiable reliance; and
resulting damage.”
“An action for promissory fraud may lie where a defendant fraudulently induces the plaintiff to enter into a contract.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 973-974; Tenzer v. Superscope, Inc. (1985) 39 Cal.3d 18, 30.)
How to Prove Negligent Misrepresentation in California?
Negligent misrepresentation often times referred to as constructive fraud requires that all of the following elements be proved:
a misrepresentation of a past or existing material fact;
without reasonable grounds for believing it to be true;
with intent to induce another’s reliance on the fact misrepresented;
ignorance of the truth and justifiable reliance thereon by the party to whom the misrepresentation was directed; and
damages
California Fraud and Misrepresentation Laws Video
Hire the Right Misrepresentation and Fraud Attorney
Our misrepresentation and fraud attorney in Los Angeles has experience in complex fraud and misrepresentation cases. If you are an individual victimized by a corporation's commercial deception we welcome you to call to us at (310) 943-1171. Our proven litigators and investigators at KAASS Law will help you with your corporate fraud case.