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California Penal Code 135 makes it is illegal to willfully and knowingly destroy or conceal any form of evidence that is to be used in a trial or government investigation.
Destroying evidence is prohibited in both civil and criminal cases, including contract dispute litigation or divorce. As noted above this charge applies to evidence which is used in trial or government investigation.
In order for a defendant to be convicted of Penal Code 135 PC destroying or concealing evidence the prosecutor must be able to prove the following elements:
In case the defendant destroyed the evidence when no legal investigation or trial was in process, and later it turned out that the destroyed thing could be used as an evidence in an investigation process that began later he can’t be convicted under Penal Code 135 PC.
A person can be convicted for Penal Code 135 PC intentionally destroying almost any type of evidence such as
It is important to mention that destroying or concealing evidence is not like other California crimes where a person can be charged for attempting to commit a crime. In order to be convicted under California Penal Code Section 135, defendant must have been successful at destroying or concealing the evidence. An unsuccessful attempt to destroy or conceal evidence in California will not lead to a conviction.
There are several common legal defenses for CA Penal Code 135 which including some of the following:
In case defendant wasn’t aware that there was an active criminal investigation when he destroyed or concealed the item of the question, he cannot be convicted of this crime.
In case the evidence was destroyed or concealed accidently and the defendant didn’t act consciously he should not be convicted of this crime.
In case the evidence survived destruction or it was possible to restore it, then the defendant cannot be convicted of concealing or destroying evidence.
Penalties for Penal Code 135 destroying or concealing evidence is a misdemeanor in California Law. The penalties are the following:
The penalties can be leveled in conjunction with penalties for any other crime defendant is accused of. Additionally defendant usually faces to other penalties, such as a 3 year probation period, community service, restitution, civil lawsuits, negative professional licensing consequences, immigration consequences and more.
Hire the most dedicated Glendale criminal defense lawyer who has experience with Penal Code 135 PC cases. You can rely on our experienced California Penal Code 135 PC defense Lawyer 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 attorney today. Get in touch with us at KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171.
According to California Penal Code Section 459, auto burglary is breaking into a locked automobile or any other vehicle or its trunk with intent to steal the vehicle, steal property from the vehicle or commit a felony inside it.
In case a person is facing auto burglary charges, he/she can also face criminal charges of grand theft auto, petty theft or a felony offense.
The prosecution must prove the following element for convicting a person in auto burglary:
According to California Vehicle Code Section 670, a vehicle is defined as a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved exclusively by human power or used exclusively upon stationary rails or tracks.
California Penal Code Section 261 defines the crime of "rape" as sexual intercourse that is nonconsensual, because it’s achieved by means of threat, force or fraud threats. The following facts must be established in order to prove that the defendant is guilty of rape:
Sexual intercourse for rape purposes is any penetration regardless of how slight it’s. The sexual intercourse can be either against the person's will, or without that person's consent. In the case of rape intercourse is defined very broadly. Even if the defendant initiated sexual act with someone against their will and after that regretted and terminated the act that still considers as rape.
California Penal Code Section 240 (PC 240) defines assault as an attempt to commit a violent injury on someone else.
Assault is usually discussed in connection with the battery, though they are two different offenses. Penal Code 242 battery is different from an assault as it requires that the defendant actually use force or violence against someone else.
To be convicted of assault the prosecution must prove the following elements:
Application of force is any harmful or offensive touching. The touching doesn’t need to cause an injury or to be done directly. The slightest touching will be considered enough if it is done in a rude or offensive manner.
Receiving stolen property is charged under California Penal Code Section 496(a) making it a crime to buy, receive, conceal or sell the property knowing it was stolen or obtained by extortion. Additionally, it is also illegal to aid another person in concealing or withholding the property knowing it was unlawfully obtained.
The elements the prosecution must prove to convict defendant for receiving stolen property under California Penal Code Section 496(a) include the following:
Under California Penal Code Section 496, “receiving” property means acquiring possession and control of the property. For purposes of Penal Code, more than one person can have possession of the stolen property. “Receiving” property doesn’t require physical possession over it; having control of the property even it is not in your immediate possession is enough.
According to California Penal Code Section 602 trespassing is entering or remaining on the property of another person without a right or permission to do so.
There are various types of trespassing under California law and each of them has specific elements of the crime, but here are some basic elements that are common for most forms of California trespass. So, prosecutor must be able to establish the following element in order to prove that a defendant is guilty of trespassing:
Under California Vandalism Penal Code Section 594(a) it is prohibited to maliciously deface, damage, or destroy someone else's property.
In order to prove the commitment of vandalism, a prosecutor must prove the following elements:
California Penal Code Section 594 applies both to public and personal property that you own jointly with someone else. So you are not allowed to damage, destroy or deface public property, property owned by another individual or even property that you own jointly with another person.
There are many types of vandalism in California, but the most common are: graffiti (any unauthorized drawing or writing on property with any kind of tool), slashing tires or damaging car paint, damaging mailboxes, breaking windows, damaging telephone wires or other public works equipment.
Oftentimes, when we think of the relationship between an attorney and their client, we simply assume that there are little to no complications as the relationship ought to be fairly straightforward. It is a professional relationship that confers with it a certain amount of trust and loyalty.
In other words, the client and the lawyer have entered into an understanding in which they have agreed to work together for a particular dispute, issue, or case.
As a result of this agreement, whatever is in the client’s best interest becomes the lawyer’s objective responsibility to determine, advise, and inform throughout the entirety of their client-lawyer relationship.
Since the client’s best interest becomes the lawyer’s responsibility, it is that lawyer’s legal duty to do everything in their power to help the client.
As such, it makes sense that a lawyer cannot have two clients at the same time whose interests are not aligned. In other words, there cannot be a conflict of interest between the clients that the lawyer represents, otherwise there may be a high chance that the lawyer will not be able to fulfill their loyalties and legal duties to those clients.
When a gym member experiences an injury at a gym or a fitness center as a result of an unreasonably dangerous condition or some other negligence, he may be able to sue the gym for caused injuries and recover money damages suffered from the gym related injury.
Before filing a personal injury lawsuit several important issues must be considered:
Gym can be liable if the injury is proven to be causes by the facility’s fault. This can be due to construction hazards, faulty equipment, or improper maintenance procedures. The gym has a certain degree of responsibility to ensure the members well being.
Some specific situations or examples when an injured person may sue the gym and seek compensation include:
California Penal Code Sections 451 and 452 address the crime of arson. It is illegal to willfully, maliciously or recklessly burn a property, forest, a piece of land or a structure, or to assist another in committing the same act. A person can also be charged with arson if he set fire at own property in an attempt to commit insurance fraud.
The prosecutor must prove the following element to charge a person under California Penal Code Section 451 “malicious arson”
The prosecutor must prove the following element to charge a person under California Penal Code Section 451 “reckless arson”
In auto burglary cases, the most common forms of vehicles include cars, trucks, or motorcycles.
California Penal Code Section 459 clearly states that the doors of the vehicle must be locked, meaning that a person must get inside to be convicted of auto burglary.
Here are some actions that can be considered as breaking in a locked vehicle: smashing the window, using a tool to get inside a trunk, reaching into an open window to open the door. You are considered to have “entered” a vehicle in case any part of your body or any object goes inside of it. This means that you don’t have to actually open the door and place your whole body inside the vehicle for committing auto burglary.
There are many common defenses to an auto burglary charge include the following legal defenses.
One of the most common defenses to an auto burglary charge is to argue that the doors or the trunk of the vehicle weren't locked and there was no forced entry. Without proving this important element, a person can’t be convicted of auto burglary.
One of the main elements of auto burglary is intent to commit a California felony or theft. If a person simply entered someone else's locked vehicle with no intent to steal or commit another kind of felony he can’t be convicted of auto burglary crime.
Under California law auto burglary is considered a form of second-degree burglary which is a wobbler and depending on the circumstances of the offense and defendant’s criminal history it can charged as either a misdemeanor or felony.
In case the defendant breaks into an inhabited trailer with the intent to commit a theft or felony he may be committed to first-degree burglary with the punishment of two, four or six years in California state prison.
Are you in need of legal assistance from an attorney for burglary charges in California? Dedicated Glendale criminal defense lawyers at KAASS Law are prepared to help you out! Get in touch with us now at (310) 943-1171 or fill out the contact form below.
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Consent is a positive cooperation in an act meaning that one acts freely and voluntarily. Consenting to sexual act means doing so willingly with realizing the nature of the sexual act. The prosecutor must prove beyond a reasonable doubt that the victim did not give the consent to the sexual intercourse
A few legal defenses to California Penal Code 261.5 statutory rape include the following:
Reasonable Mistake as to Consent
The defendant cannot be found guilty of rape if he reasonably and honestly believed that the victim was a consensual and willing participant and gave the approval of sexual intercourse. In case the victim was asleep, unconscious, mentally disabled or intoxicated at the time of the sexual act, then this defense can’t be used.
Insufficient evidence
There may be no physical evidence to confirm the rape charges in case the victim doesn't seek medical care. Likewise, if there were no witnesses, the rape case may only be based on victim’s statements. In situations like this, the legal defense of insufficient evidence may be applicable. There are always difficulties with proving rape charges when the only evidence is the unconfirmed statements of the accuser.
False accusations
Very often, people are wrongly accused of sex crimes. Sometimes, one can accuse another of rape to exert revenge or purely out of jealousy. An individual can also falsely accuse the spouse in order to get a divorce or child custody.
Under California Law rape is considered a felony offense. Possible punishment for this crime:
In case the victim sustains great bodily injury the defendant will face additional three to five years in prison. The punishment increases from 7 to 11 years if the victim is less than 18 years of age. If the victim is under 14, the imprisonment can increase from 9 to 13 years. In most California rape convictions the defendant will also be required to register as a sex offender for a lifetime pursuant.
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) 943-1171at any time!
Legal defenses to Penal Code Section 240 Assault include the following:
Under California Penal Code Section 240 assault is considered a misdemeanor. The possible penalties include:
There are various charges that fall under assault related offenses in California including the following criminal charges such as Penal Code Section 245(a)(1) assault with a deadly weapon.
Under Penal Code Section 245(a)(1) assault with a deadly weapon, known also as ADW, is assault committed by means of a deadly weapon or force likely to inflict great bodily injury.
To be convicted of assault with a deadly weapon the prosecution must prove the following elements
A “deadly weapon” is any instrument, object or weapon which use can likely produce death or great bodily injury (like a knife or a gun).
Under California Penal Code 245(a)(1), assault with a deadly weapon is considered a wobbler, and depending on the specific circumstances it can be charged either as a misdemeanor or a felony. Prosecutor's decision about whether to charge ADW as a misdemeanor or a felony is based on several factors, such as:
Penalties for misdemeanor assault with deadly weapon include the following:
Under Felony California Penal Code 245(a)(1), assault with a deadly weapon penalties include the following:
If a deadly weapon was an ordinary firearm, then the above mentioned penalties still apply. However, the misdemeanor ADW with a firearm carries up to six months in county jail.
In case the used deadly weapon was a semiautomatic, then the defendant is sentenced to a prison term of three, six or nine years. In case the weapon was a machine gun or assault weapon, then the defendant will be subject to a prison term of four, eight, or twelve years.
California Penal Code 244 Assault with caustic chemicals occurs whenever a person willfully and maliciously places or throws, or causes to be placed or thrown any caustic chemical, a corrosive substance, flammable substance or vitriol with the intention of injuring another person’s flesh or disfiguring the body.
In order to be convicted in assault with caustic chemicals the prosecution must prove every single of the above mentioned elements.
Under Penal Code section 244 a caustic chemical is any corrosive, flammable substance that can burn living tissue.
Kerosene, acid, gasoline, petroleum products, or flammable liquids with one hundred fifty degrees Fahrenheit or less are examples brought in Penal Code section 244.
Assault with dangerous chemicals is considered a felony and penalties for a Penal code 244 convicts can include:
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) 943-1171at any time!
Property is considered “stolen” if it is obtained by burglary, grand theft, robbery, larceny, embezzlement, or any other theft crime. Property is obtained by extortion in case it is acquired from another person with his consent, but that consent was obtained through the use of force or fear.
As one of the essential elements of the offense, the prosecutor must prove that the defendant knew that the property was unlawfully obtained. In case a person was unaware of that fact, he cannot be charged with the receipt of stolen property.
The prosecutor should also prove that the defendant was actually aware the property was in his possession. In case a person didn’t know about the presence of the property, he can’t be convicted under Penal Code Section 496.
This defense applies if the defendant can show that he intended to return the stolen property to the police or the rightful owner at the time he had received the property. If the defendant decided to keep the stolen property and only later intended to return it this defense will fail.
In California law receiving stolen property is considered a wobbler and can be charged as either a misdemeanor or a felony, depending on the defendant's prior criminal history and case circumstances. But if the total value of the property is $950 or less the defendant can only be charged with misdemeanor.
Penalties for misdemeanor 496(a) PC receiving stolen property offense include the following:
Penalties for a felony 496(a) PC receiving stolen property offense include the following:
In addition to the penalties mentioned above a person may face a civil lawsuit by the rightful owner of the property. Lastly, if a convicted person is a noncitizen, he will have immigration consequences which can include a bar to citizenship, reentry to the US, adjustment of status, and deportation.
For answers to any other questions you may still have about California Penal Code 496(a) or to discuss your case confidentially with our team of experienced California criminal defense attorneys at KAASS Law. Give give us a call at (310) 943-1171. We are highly dedicated to serving the needs of our clients.
If a person can prove that he initially had the owner’s consent to enter the property you he won’t be considered guilty under the California Penal Code Section 602.
In order to convicted for the type of trespass that includes occupying another person’s property the defendant must in some way deprive the owner of the use or enjoyment his property for a continuous period of time. If defendant can show that his presence on the property did not affect the owner’s right to use or enjoy the property, he can’t be guilty of this type of trespass.
If you are charged for the type of trespass that involves interfering or obstructing on the property such as business activity then you must have actually interfered with or obstructed that business. If you didn't do so you can’t be convicted of criminal trespass.
In California criminal trespassing charges can be filed as infractions, misdemeanors, or felonies. The following are penalties for California trespass.
The trespass is charged as an infraction in case the defendant willfully entered another person’s land and fence enclosed the land, or a “no trespassing” signs were hung at intervals of no less than three to a mile.
The penalties for California trespass penalties charged as an infraction can include:
The majority of trespass cases are charged as misdemeanors and penalties can include:
California aggravated trespass occurs when the defendant makes credible threat to physically injure a person and then within 30 days of the threat actually enters that person’s property to seemingly carry out that threat. In California law aggravated trespass is considered a wobbler and it can be charged as either a misdemeanor or a felony, depending on specific circumstances of the offense.
California felony trespass penalties include the following:
For answers to any other questions you may still have about California Penal Code 602 PC Trespassing charges or to discuss your case confidentially with our team of experienced California criminal defense attorneys.
Give KAASS Law a call at (310) 943-1171. Our law firm is highly dedicated to serving the needs of our clients.
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California Penal Code section 594 requires that defendant “maliciously” commit vandalism. If the action was unintentional, accidental or negligent it serves as a valid legal defense.
In case defendant actually owned the damaged, destroyed or defaced property he should not be found guilty or charged with the offense.
In case the “victim” gave his permission to damage or destroy the property, then defendant did not commit the crime of vandalism.
In case the value of the defaced, damaged, or destroyed property is less than $400, defendant can only be charged with misdemeanor vandalism. If the value of property is $400 or more, then vandalism becomes a wobbler and the defendant can be charged with either a felony or a misdemeanor.
Vandalism crimes are generally eligible for a probation sentence.
Probation terms can include restraining orders, repayment of the damaged property, community service, required counseling. Felony probation requires the defendant to check in with a probation officer, whereas misdemeanor probation does not require the supervision of a probation officer.
If the value of the vandalized and or damaged property is less than $400 the penalties for misdemeanor vandalism under penal code 594 is as follows:
If the value of the vandalized and or damaged property is more than $400 the penalties for misdemeanor vandalism under penal code 594 is as follows:
Penalties for felony vandalism under penal code 594 are as follows:
Defendant’s driver’s License can be suspended up to 2 years. In case the defendant has no license at the time, the Court can suspend the issuance of the license for up to three years.
For answers to any other questions you may still have about California Penal Code 594 or to discuss your case confidentially with our team of experienced California criminal defense attorneys.
Give 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.
A lawyer is not allowed to misrepresent or conceal the dual representation. Simultaneous conflicts of interest can result from the lawyer’s responsibilities to another client, a former client, or a third party or from the lawyer’s own interests.
In the event that a conflict of interest arises between a lawyer and their clients, there are already established rules that the attorney must follow.
Firstly, the lawyer must clearly identify the client or clients that this conflict affects or may affect. Then, he must determine whether or not a conflict of interest does exist as well as whether or not he can still represent the client despite the existence of the conflict by means of written, informed consent.
While it may sound counter-intuitive at first, a lawyer can, in certain circumstances, represent two clients whose interests are not necessarily perfectly aligned–if and only if they both consent to it after being informed of the risks and challenges that may come about due to that representation.
The complications to the issue of conflict of interest mainly come up due to the fact that a conflict of interest can exist before representation is established, during the client-lawyer relationship, and even potentially after it is over.
The reasons for this vary widely but generally it is always the responsibility of the lawyer or law firm to do their own internal research and determine whether or not it is legal, advisable, and safe to offer up representation of a client. Furthermore, as a general rule it is not favorable nor ideal to be represented by a lawyer or law firm that has a client whose interests do not align with yours.
If the conflict cannot be resolved by means of informed consent of the involved clients, then it is expected that the lawyer withdraw from the representation.
One of the core aspects of being a lawyer is to faithfully represent a client and all of their best interests once the client-lawyer relationship gets established and, as such, if an unresolvable conflict of interest arises, then it is only natural for the lawyer to withdraw from the representation. If he does not, then he cannot faithfully represent his client or clients and that goes contrary to the ethos of the profession.
Our lawyers in Glendale, Los Angeles, CA, at KAASS LAW believe in the integrity that comes with the legal profession and we stand to uphold it at all costs.
We thoroughly search our database to avoid such problems and we work with clients to ensure their needs and interests are always met. In the event that you feel you may have been represented by a lawyer or law firm who failed to inform you of a conflict of interest or who deliberately took on your representation regardless, we encourage you to give us a toll free call at (310) 943-1171 to speak to our defense attorneys today.
We will fight to right the wrongs of other malicious firms or lawyer and we stand by our client’s best interests always. At KAASS LAW, we know exactly where our loyalties lie–with our clients.
Some of the common injuries that gym accidents can cause:
Gym owners must use reasonable care to discover any unsafe conditions; they are also responsible for fixing dangerous conditions and warn the gym members about those dangers. In case a property owner is unable to fix the dangerous condition he must put up a notice or warning of the hazard. A person injured in fitness center may be able to recover damages for medical bills, hospital bills, physical or occupational therapy, medical supplies, lost wages, pain and suffering, lost earning capacity, punitive damages and property damage.
The more popular legal defenses that fitness facilities such as LA Fitness or 24 Hour Fitness may use to defend gym accident lawsuits include the following defenses.
Assumption of risk is a legal defense that makes liable a person who engaged in strenuous physical activity. The gym owners can prove that the victim assumed the risk of injury, knew he could get hurt at the gym and chose to join anyway.
Generally, most gyms and fitness facilities require their members to sign a waiver of liability. While, others gyms or fitness centers may post disclaimers that all members are working out at their own risk.
Moreover, gyms generally include a release of liability waiver within their membership contract which depending on the language ultimately releases the gym and its employees from liability in the event the member suffers an injury and wants to file a personal injury lawsuit against the gym. However, a gym and fitness facility can not completely reveal themselves from absolute liability. The skilled Glendale personal injury attorney at KAASS LAW have been able to successfully sue and recover money damages for injuries suffered at a fitness facility with the existence of release of liability waiver.
In California a victim can sue a fitness center or a gym in California for suffering an injury due to::
As such, a release of liability gym waiver can be considered void if it is overly broad or violates public policy.
In some cases gym accidents are caused by a defective piece of exercise equipment. A part of workout equipment can break and cause a person to lose control of the equipment and suffer an injury.
According to California's products liability law, the company who manufactured, designed, or sold the defective workout/fitness equipment product is liable for caused injuries. The injured person does not have to prove the company was negligent. In product defect cases, strict liability can be imposed for manufacturing defects, design defects, and failure-to-warn defects.
Have you been injured due to a gym accident in California? If so, we invite you to hire our dedicated Los Angeles gym accident lawyers today. 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 personal injury lawyers, call Kaass law today at (310) 943-1171 or send us an email through our online appointment form.
The term “structure” includes not only inhabited or uninhabitable residence but also tunnels, bridges, tents and power. The term “property” includes any personal property of another person like furniture, vehicle, clothing etc.
The fire was an accident
If a person can prove that the fire started accidentally, was absolutely an unintended and went out of control, he won’t be considered guilty of these crimes. There are situation when a person unintentionally created high risk of a fire, but was unaware of the risk because was impaired or voluntarily intoxicated (was drunk or on drugs as a result of his own actions). Though the person was incapable of understanding or appreciating the risk that will not serve as a defense to California Penal Code Section reckless burning charge.
Lack of Sufficient Evidence
Most arson cases are built with only on circumstantial evidence, with no witnesses. The physical evidence does not show the person started a fire, this make the prosecutor’s case very difficult to prove.
The fire was not the reason of arson
Before a person can be convicted of arson, the prosecution needs to prove that arson even took place. Arson is a crime which requires very sophisticated technical investigation.
Penalties for California arson charges vary a great deal, depending on: the nature of the burned property, the defendant's criminal history and whether someone was injured as a result of the fire.
Under PC 451 malicious arson is always a felony, punishable by imprisonment in the California state prison. The potential prison terms are:
The defendant can face an additional fine up to $50,000 or twice the amount of expected financial gain from the fire.