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Under California Penal Code Section 203 PC mayhem is defined as the act of maliciously an illegally depriving person of a member of his body; disabling, or rendering useless a member of his body; disabling or cutting his tongue; putting out his eye; slitting his nose, ear or lip.
Under California Penal Code Section 205 aggravated mayhem is defined as intentional causing another person a permanent disfigurement or disability, or depriving him of a limb, organ or member.
California’s Criminal Jury Instructions No. 801 indicates the following additional stipulations on how a person can be found guilty of mayhem:
To convict a defendant of aggravated mayhem, the prosecutor must establish the following elements:
In aggravated mayhem case the prosecution must prove that the defendant had the specific intent to disfigure or dismember or a person. For proving an ordinary mayhem, the prosecutor only needs to prove that the defendant committed an act maliciously and that resulted in disfigurement or dismemberment but the defendant didn’t have intent to disfigure or dismember that person.
Maliciously
Under California Penal Code 203 action acting maliciously means committing an illegal act with intent to annoy or injure someone else
Permanent Disfigurement
According to California mayhem law, a disfiguring injury can be considered permanent even if it can be repaired by medical procedures.
In California law both types of mayhem are considered felonies
Penalties for California Penal Code Section 203 Simple Mayhem include:
If the defendant knew or reasonably should have known that one of the below mentioned facts about the victim was true he will receive 1 or 2 year sentence enhancement:
Penalties for California Penal Code Section 205 aggravated mayhem include:
In some mayhem or aggravated cases a probation sentence can be available and can include some actual jail time (not prison), work release or house arrest along with other probation terms.
Both mayhem and aggravated mayhem are considered violent and serious crimes under California Three Strikes Sentencing Law. The defendant will be convicted of a strike offense and suffer additional punishments such as:
Under California Penal Code Section 647(i), also known as the “peeping Tom” law, it is illegal to peek into a door or window on someone else’s private property without the consent of the owner for observing persons who are inside.
The prosecutor must establish the following elements for convicting the defendant in the offense of peeking while loitering:
Under California Penal Code 647(i) any building which is used as a residence can be considered an inhabited structure. It is not important whether someone is inside at the time of peeking or not, a person can be charged with peeking while loitering even if no one is at the property.
Penal Code 647(i) doesn’t require specific intent, and it is not important why a person decided to peek into a door or window on someone else’s private property. So a person can be convicted even if he entered the property without intent to loiter or peek.
Unemployment insurance fraud occurs when an individual provides false, incomplete or misleading information, intentionally conceals facts or provides wrong identification for obtaining, increasing or denying benefits.
In California the Employment Development Department (EDD), which is a combination of both state and federal programs, is managing unemployment benefits system.
California unemployment insurance assists people who become unemployed through no fault of their own to keep financial security while they seek new job. There are some circumstances under which a person can qualify for benefits.
A person can recover a maximum of $450 per week and the program can’t last more than one year.
In California both employees and employers can be accused of committing unemployment insurance fraud.
According to California Penal Code Section 401 it is prohibited to intentionally aid, advice, or encourage another person to commit suicide.
Prosecutor must establish the following elements to prove that a defendant is guilty of advising or encouraging a suicide,
“Aiding, advising or encouraging a suicide” means the following:
Even if a person survived the suicide attempt you can still be charged of assisting in suicide as a California attempt crime.
If the defendant helps another person to kill himself he will be guilty under Penal Code Section 401. In case a person asked the defendant to kill him and the defendant carry out that act, then his action will be considered murder, voluntary manslaughter, or attempted murder.
Pursuant to California Penal Code Section 246.3(a) a person who willfully discharges a firearm in a grossly negligent manner which could cause injury or death is guilty of a public offense.
To convict the defendant in negligent discharge of a firearm the prosecution must prove, beyond a reasonable doubt, the following elements:
A person shot the firearm intentionally when he pulled the trigger and knew that the firearm was loaded. In case the gun went off completely by accident and a person reasonable believed that the firearm was not loaded it cannot be a negligent discharge.
Gross negligence is more than an ordinary negligence, it means acting so recklessly that any reasonable person can realize that the act is likely to produce great bodily injury or even death. Gross negligence shows a conscious disrespect and indifference regarding the rights and safety of other people. If a person was shooting the weapon in a place where no one was around then he won’t be guilty under Penal Code Section 246.3. Gross negligence happens when a person was shooting the weapon in an area where many people lived and there was a huge chance that his act could possibly cause injury or death.
According to California Vehicle Code Section 10853 it is unlawful for any person to intentionally deface damage or destroy the personal property of another. The law applies both to vehicles and items attached to vehicles, as mirrors, hood ornaments and license plates.
For a defendant to be convicted of Vehicle Code 10853 malicious mischief to a vehicle the prosecutor must prove the following elements beyond a reasonable doubt:
Malicious mischief is type of a non-violent crime, which doesn’t involve injury to a victim or use of force and fear; instead it involves some type of property damage or economic loss to a victim. Malicious mischief of a vehicle occurs when someone damages another person’s property regardless the amount of damage. The value of the damage can be significant or minor, but the key issue in the crime is the damaging of the property. Malicious mischief does not involve taking a vehicle, but only defacing, destroying or otherwise damaging it without the owner's consent.
Under California Welfare and Institutions Code Section 10980 welfare fraud is an act of unlawfully obtaining welfare benefits from the government by intentionally submitting false information or withholding relevant information or.
According to California W&I Code 10980, defendant can commit welfare fraud in different forms, including:
Generally California welfare fraud can be classed to two main types: recipient welfare fraud or internal fraud.
California Penal Code Section 332, gaming fraud or gambling fraud is obtaining another person’s money or property through use of any game, device, sleight of hand, pretensions to fortune telling, trick or any instrument. Gaming or gambling fraud falls under and is considered as theft crime in California.
The California Penal Code, under section 332 establishes the elements that the prosecution must prove to a conviction someone of this crime, the main requirements are the following:
Prosecution must prove the following elements beyond a reasonable doubt for convicting a person of fraudulent gaming:
California safety requirements for the construction of stairways, ramps, stair rails which is governed by the California Code of Regulations.
There are several guidelines regarding the construction of stairwells and stairs in the California Code of Regulations, (Chapter 4. Division of Industrial Safety, Subchapter 4. Construction Safety Orders) Article 17 on Ramps, Runways, Stairwells, and Stairs. In this blog, we will simplify the regulations listed by Cal/OSHA, so that you can ensure that your property abides with all safety requirements. When stairways, ramps, stairwells and so forth are not constructed accordingly, an injured party maybe file a premises liability claim against the property owner for damages suffered. Therefore, ensuring your property is up to California safety standards is vital.
Before moving on to the specifics of stairways used during construction and stair rails/hand rails, a general guideline for all stairways requires them to be, at least 24 inches in width and fortified with stair rails, handrails, treads, and landings. In addition, all railings and toe boards should meet the requirements listed in Article 16 of the California Code of Regulations. Article 16 describes all safety measures for design and construction of railings and toe boards (§1620, §1621).
Any individual who commits a crime under the age of 18 is subject to the juvenile justice system in California. The purpose of juvenile courts is to educate, rehabilitate and counsel minors, whereas adult criminal courts focus on punishing people for crimes they have committed.
A juvenile can be arrested for violating a criminal statute or committing a status offense, such as truancy, curfew violations, running away and incorrigibility.
After the arrest of a juvenile, the police officers may choose one of the following actions:
Juvenile hall is operated by the probation department, and like a police officer a probation officer can choose to:
Defendant had a reason to be on property
In case the defendant had a lawful reason to be on property (working as contractor or was a meter reader or surveyor), he can’t be found guilty under Penal Code Section 647(i).
Defendant was not on a private property
As an essential element of this offense defendant must be on a private property. It is not unlawful to look through the window or a door of an inhabited structure while standing or being on public property or your own property.
Defendant entered an uninhabited building or structure
In case the defendant was peeked into an uninhabited structure or former inhabited dwelling he should not face a peeking while loitering conviction.
Under California Penal Code Section 647(i) unlawful peeking is a misdemeanor offence and the penalties are the following:
The penalties for second or subsequent offense or a first time offense in case the person being viewed is a minor are the following:
Depending on the case circumstances and the defendant’s criminal history he can be sentenced to misdemeanor probation instead of the jail time. Judge may impose different conditions on that probation, such as periodic court appearances, paying restitution to the victim or staying away from the property and the victim, not committing this offense anywhere else. In case the defendant has two or more prior felony convictions, a prior felony conviction during which he was armed or a prior conviction for a serious felony he can’t be entitled to informal probation.
For answers to any other questions you may still have about California Penal Code 657(i) charges or to discuss your case confidentially with our team of experienced California criminal defense attorneys give us a call at (310) 943-1171. Our lawyers in Glendale, Los Angeles County, CA, are highly dedicated to serving the needs of our clients.
Here are some examples of unemployment insurance fraud committed by employees:
Employers are committing unemployment insurance fraud when they try to deny benefits to a former employee for defrauding the EDD, these include:
The California EDD collects information mostly from public fraud report hotline and their field offices that gather unemployment fraud applications.
After gathering information EDD assigns alleged cases to a special investigation unit. In case unit manages to find adequate evidence that fraud has taken place they are will file unemployment insurance fraud charges. If they don’t get enough evidence they will drop the case or work for obtaining further information.
Unemployment insurance fraud is considered a wobbler and can be charged as either a misdemeanor or a felony, based on the case circumstances, the amount of the fraud and the defendant's criminal history. Defendant can be charged either under Unemployment Insurance Code Section 2101 or California Penal Code Section 550 (PC 550).
Pursuant to the California Unemployment Insurance Code Section 2101 (a): It is a violation of this chapter to willfully make a false statement or representation, to knowingly fail to disclose a material fact, or to use a false name, false social security number, or other false identification to obtain, increase, reduce, or defeat any benefit or payment, whether for the maker or for any other person, under any of the following statutes administered by the department:
Penalties for misdemeanor conviction for violating Unemployment Insurance Code Section 2101 include the following:
Penalties for felony conviction for violating Unemployment Insurance Code Section 2101 include the following:
In case the total amount of the fraud is $950 or less the crime is considered a misdemeanor, punishable by:
In case the total amount of the fraud is more than $950 the crime is considered wobbler.
Are you in need of legal assistance as a result of being charged for unemployment insurance in California? A criminal defense attorney in your area may be able to provide you with the help that you need.
California’s End of Life Option Act allows a person who is diagnosed with a terminal disease to ask for an aid-in-dying drug from his physician. For receiving an approval the physician must submit detailed information to the California Department of Public Health.
The patient must meet the following conditions for getting help to commit a suicide under California’s End of Life Option Act:
If the all above mentioned requirement are met the physicians cannot be prosecuted under California Penal Code Section 401 for assisting a terminally ill patient’s suicide.
Common defenses to California Penal Code 401 Aiding, Advising or Encouraging Suicide include
Defendant didn’t have a deliberate intent to help in a suicide
In case the defendant unintentionally aided or encouraged a person to commit suicide without intent, he can’t be found guilty of this crime.
The person didn’t have intent to commit a suicide
Maybe the person who attempted or committed suicide didn’t have actual intent to kill himself. The attempt or the death may have been an accident.
Under California law aiding, advising or encouraging a suicide is considered a felony. The punishment depends on whether the person survived the suicide or not. Defendant can receive lighter punishment in case the person has survived.
The possible penalties under Penal Code 401 Aiding, Advising or Encouraging Suicide” include:
Our Glendale criminal defense lawyers experienced penal code 401 charges and are here to answer any questions If you or a loved one has been charged with penal code 401 and you would like to discuss your case confidentially with one of our criminal defense lawyers at (310) 943-1171.
A firearm is any device which is used as a weapon from which a projective is discharged. A BB gun is any instrument that expels a projectile through the force of gas pressure, air pressure or spring action. Penalties for negligent firing BB gun are lesser than for negligent discharge of a firearm.
Common defenses to Penal Code 246.3(a) including the following:
In using the self defense claim in penal code 246.3(a) charges the defendant may claim self-defense in situations where:
In case the defendant discharged a firearm in the above mentioned circumstances he cannot be found guilty of this crime. However, defendant must have ceased from using force once the threat of danger had passed.
Under California Penal Code Section 246.3 firing a gun intentionally is a key element of the crime. Defendant must have known that the gun was loaded for being convicted in negligent discharge of a firearm.
Prosecution must be able to prove that defendant’s discharge of a firearm posed an actual danger to people. In case no one could have been foreseeable and reasonably hurt then the defendant cannot be found guilty of negligent discharge.
In California law negligent discharge is considered a wobbler and can be charged as either a misdemeanor or a felony, based on the case circumstances the defendant's criminal history. In case the negligent discharge is done with a BB device it is always a misdemeanor.
Penalties for Misdemeanor Penal Code 246.3(a) conviction include the following:
Penalties for Felony Penal Code 246.3(a) conviction include the following:
In case the defendant discharge a firearm in association with a known gang, for the benefit of the gang or at the direction of the gang with the specific intent of assisting the gang in any way he will face additional two, three or four years in prison.
Under California's “Three Strikes” law felony negligent discharge is classified as a “serious felony”. In case a conviction for Penal Code Section 246.3 as a felony is later followed by a charge for another felony, the defendant will face punishment twice the normal sentence for the second offense. A conviction for third felony will result in a sentence of twenty-five years to life in a state prison.
A negligent discharge of a firearm is considered a deportable crime and can lead to severe consequences for non-citizens. In case a defendant is a non-citizen and is convicted of this crime, he can be deported or be subject to inadmissibility grounds.
For answers to any other questions you may still have about California Penal Code 246.3(a) charges or to discuss your case confidentially with our team of experienced California criminal defense attorneys give us a call at (310) 943-1171. Our lawyers in Glendale, Los Angeles County, CA, are highly dedicated to serving the needs of our clients.
Common defenses to California Vehicle Code 10853 Malicious Mischief to a Vehicle include the following:
Defendant didn’t have an intent to deface, damage or destroy
Person must have a clear intent to damage, deface or destroy another person's vehicle. In case he did so accidently and without specific intent he can’t be criminally liable under California Vehicle Code Section 10853.
Wrong person has been arrested
People usually commit malicious mischief to a vehicle at night and do it very quickly. So it becomes really hard for eyewitnesses to recognize the person who has committed the crime and this can lead to false arrests.
According to Vehicle Code Section 10853 malicious mischief to a vehicle is a misdemeanor level offense. The penalties for this crime are the following:
In addition to all penalties the conviction can lead to significant consequences for the defendant. The conviction is visible to landlords, employers and anyone else who conduct a criminal background searches.
The following crimes are related to malicious mischief to a vehicle.
Our Glendale criminal defense lawyers experienced with malicious mischief to a vehicle charges are here to answer any questions If you or a loved one has been charged with malicious mischief to a vehicle and you would like to discuss your case confidentially with one of our criminal defense lawyers at (310) 943-1171.
Recipient fraud involves any attempt to receive, secure, retain, or increase a benefit by means of submitting wrongful, incomplete or misleading information. Recipient fraud examples include:
Internal fraud is committed by an employee of a government welfare agency. This occurs when the workers are unlawfully disbursing welfare benefits to themselves, their family members or friends.
Prosecuting agencies in California receive welfare fraud cases from different sources, as public hotlines and websites, local agencies and any other agencies that suspect welfare fraud. Welfare fraud investigations start from gathering evidence and information in welfare fraud cases, including:
The investigator presents relevant information to a deputy district attorney who will determine whether a criminal filing is appropriate or not. District attorney can do one of the following:
According to California WIC Section 10980, welfare fraud is a wobbler and can either be filed as a misdemeanor or felony crime and the type of charges depend of the value of benefits defendant’s criminal history.
In case the defendant made false or misleading statement for obtaining benefits, he will face:
Defendant will be convicted for feeling fraudulent application in case:
Fraudulent application can be charged as a misdemeanor or felony offense. Penalties for felony Welfare and Institutions Code 10980 conviction include:
Penalties for misdemeanor Welfare and Institutions Code 10980 conviction are the following:
In case the total value of the benefit is $950 or less obtaining or retaining fraudulent benefits is a misdemeanor, and is punishable by:
In case the total value of the benefit was more than $950, the defendant will face felony, punishable by:
Selling, buying, or misusing food stamps is a misdemeanor in case the amount involved was $950 or less, punishable by
In case the value is more than $950 the defendant will face felony, punishable by
People convicted of welfare fraud may lose their professional license, job, become disqualified to receive future welfare benefits.
Our California welfare fraud defense lawyers are here to answer any questions If you or a loved one has been charged with Welfare and Institutions Code 10980 and you would like to discuss your case confidentially with one of our criminal defense lawyers at (310) 943-1171.
Acting fraudulently means acting dishonestly and with bad faith, as cheating, misleading and otherwise gaining an unfair advantage for the victim. In case a person won in a game, without playing tricks he can’t be guilty of game fraud. Defendant must be involved in a game where the victim doesn’t have a chance to win as a result of the game. An important element of the legal definition of gaming/gambling fraud is that the defendant must win money or property from the victim.
California Penal Code Section 332 acknowledges that games do not always include cash, or other tangible property. Property for purposes of Section 332 includes chips, markers, tokens, or anything else which has a monetary value.
Common legal defenses to California Penal Code 332 include the following:
Prosecution shall be able to prove is that the defendant had a specific intent to defraud the victim. In case the defendant lacks of fraudulent intent, he can’t be found guilty of this offenses.
If the offense was through the fortune telling or any other similar activity then a first amendment defense can be used, and the defendant can argue that he was exercising his right to free speech. Though, there can be circumstances when fortune tellers can be criminally liable under this statute in case their conduct goes beyond entertainment and actually involves fraud.
Potential penalties for California Penal Code 332 gaming or gambling fraud depend on the monetary value of the property that the defendant obtained from the victim. If the money or the total value of the stolen property is $950 or less the gaming/gambling fraud can only be charged as a misdemeanor. In case the total value of the property is more than $950 then the fraud is treated as a wobbler and can be charged as either a misdemeanor or a felony.
Potential penalties for misdemeanor Penal Code 332 gaming or gambling fraud conviction in California include the following:
Potential penalties for felony Penal Code 332 gaming or gambling fraud conviction in California include the following:
Our California gambling defense lawyers are here to answer any questions If you or a loved one has been charged with Penal Code 332 PC gaming or gambling fraud and you would like to discuss your case confidentially with one of our California criminal defense attorneys, do not hesitate to contact our criminal defense lawyers at (310) 943-1171.
According to the California Code of Regulations, the requirements for the design of stairways used during construction are as specified:
The following general requirements by the California Code of Regulations apply to all stair rails and hand rails:
The California Code of Regulations also describes the temporary service of stairways. The following are to be monitored at all times, except during stairway construction.
If you have any questions regarding proper safety measures on the construction of stairwells and stairs, abiding with the California Code of Regulations, please do not hesitate to contact one of our very skilled, dedicated, and knowledgeable lawyers. We know that these very specific, and sometimes confusing, regulations are complex; thus, it is for this reason that we recommend talking with one of our experienced Glendale business law attorneys whom are experienced in will assist you in ensuring that your property stands with the law.
There are a number of hearings which take occur in the California Juvenile Court system including the following:
The court has several sentencing options sentencing a juvenile as payment of a fine or restitution community service, informal probation, formal probation, California Division of Juvenile Justice (DJJ) commitment.
Under Welfare & Institutions Code Section 707(b) there are 30 serious crimes for which juveniles at least 16 years of age can be tried as adults. Criminal cases where a juvenile may be treated as an adult under Welfare & Institutions Code Section 707(b) include the following types of criminal cases:
Hire the most dedicated Glendale criminal defense lawyer who has experience with handling various juvenile cases. If you or your child has been convicted of a crime we invite you to give us a toll free call at (310) 943-1171.