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Bump stocks laws are considered to be illegal both under federal law since March 2019 and under California law.
A bump stock is described as:
Thus, with the help of a bump stock, a shooter can shoot almost as fast as in case he uses an automatic firearm. Though it shall also be noted, that bump stocks do not convert semi-automatic guns into automatic ones.
The actions, which are considered illegal, are the following ones:
There are a handful of people and or entities whom are legally allowed to possess a bump stock. The people and or entities whom are entitled to legally possess a bump stock include the following:
It is to be noted that those listed above must have a permit in order to have the right to possess bump stocks.
The offense is a wobbler offense, thus, depending on the facts and criminal history of the defendant, it can be charged either as a felony or a misdemeanor.
The penalties for a Penal Code 32900 misdemeanor conviction include imprisonment in a county jail for a term of up to one year.
The penalties for a Penal Code 32900 felony conviction include imprisonment in a county jail for 18 months to three years.
Since March 2019, bump stocks are considered to be a type of machine gun and are also illegal under Federal Law. Bump stock owners need to destroy them or transfer them to law enforcement agencies. Possessing a bump stock can lead to the following penalties under federal law:
There are some common defenses for Penal Code section 32900, which are possible to use in order to avoid penalties. Examples of such are:
If you or a loved one has been charged with Penal Code 16930 we invite you to contact our Los Angeles criminal defense attorney today at (310) 943-1171 for a free consolation and case review. We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205 with additional offices in Los Angeles located at 633 West 5th St., 26th Floor, Los Angeles, CA 90071.
In order to prevent the commitment of new possible crimes in custodial facilities. California Law criminalizes actions of bringing contraband to those facilities. Penal Code 4373.5 PC defines it as a felony to bring contraband into a state prison, prison farm, prison camp, or other custodial facilities where authorities hold prisoners. This applies to any manner, shape, form, dispenser, container, or instrument for injection without proper authority under the facility's rules.
Contraband, under Penal code section 4373.5 PC, are alcoholic beverages and drugs other than controlled substances. Examples of such drugs can be cough and cold medicines, pain relievers, cough suppressants, etc., as well as medication prescribed to treat different medical conditions, such as infections, diabetes.
The main element of the crime is the intent of the person to commit it, in other words, the person shall knowingly bring the contraband to the jail. Let’s consider this example. You bring clothes to the jail, however before you reach the place, someone drops off a small bottle of vodka into the box with clothes. In case you can prove that you were not aware of how the bottle of vodka can appear in her box with clothes, you can be released from punishment. It shall also be considered that prohibitions and sanctions shall be clearly posted near and outside of the detention facilities.
DUI means driving under the influence of alcohol or any substance that impairs one’s ability to drive.
A first time offender is someone who has never received a DUI in the past ten years. Should you face a first-time DUI charge in California, you likely face a misdemeanor charge punishable by 3 to 5 years of probation and up to $1,000 in fines. You will also likely have your driver’s license suspended and need to take rehabilitation classes, such as DUI school.
Once you are arrested for a DUI, you will face a criminal trial and/or a DMV hearing.
Here, the prosecutor has discretion as to whether to charge the defendant as well as on what and on how many counts. Keep in mind that a criminal charge is difference from a DMV hearing in that criminal court is mandatory. In other words, it is important that the defendant be present for the entirety of their criminal case.
The Vehicle Identification Number (VIN) permanently identifies the vehicle on the road. It can be both a motor number, a serial number, or other distinguishing information. Its main purpose is a registration of the motor vehicle in the Department of Motor Vehicles, DMV, or its tracking. The VIN usually appears in visible places on the motor vehicle, such as a metal plate attached to the dashboard, and in hidden locations like the engine frame. California law makes it a crime to intentionally or knowingly alter or destroy a vehicle identification number (VIN) or misrepresent the vehicle's identity for selling or transferring it.
California Law criminalizes several actions that aim to hide or destroy VIN for different purposes. This article will examine California Vehicle Code section 10802 tampering with a Vehicle Identification Number (VIN).
To charge the defendant for violating VC section 10802, the prosecutor must prove beyond a reasonable doubt that the defendant committed the following actions with the VIN: The defendant (1) knowingly altered, destroyed, disguised, falsified, forged, removed, defaced, or counterfeited a VIN; (2) with the intent to: misrepresent the identity of, or prevent the identification of a motor vehicle or motor vehicle part; (3) for the purpose of: transfer, sale, import or export.
Road debris accidents occur when objects that don't belong on the road cause harm. Road debris can result from any number of sources, both vehicular and non-vehicular. Examples include:
Road debris is hazardous to drivers, cyclists, and even pedestrians. Accidents caused by road debris usually happen when a driver hits the object itself, or when a driver swerves to avoid the object and hits another vehicle or another object.
A few questions to ask that can help determine who is at fault for a road debris accident are:
When an object falls off of a vehicle and into the road, the driver often does not notice and immediately drives away, making it difficult to assign blame to the party who dumped the debris.
Ovens are among the most common kitchen pieces to contain defects that are significant enough to result in oven product liability lawsuits. These defects can merely be ones that don’t allow it to properly function, but they can also be dangerous, causing devastating damage to your belongings and even yourself and others. Some of these defects in oven product liability include:
If a defect in an oven led to damage to yourself, your family, or your property, there are several channels you can use to pursue compensation. When you gain legal representation and eventually sue the company based on their liability for the damage caused, your attorney can decide to sue based on several basis of defects, including:
California Penal Code Section 18710 prohibits the illegal possession of destructive devices other than fixed ammunition of a caliber greater than 0.60 inches.
The prosecutor must establish the following elements to prove that the defendant is guilty under California PC Section 18710 possessing destructive or explosive devices.
In California a destructive device is defined as the following:
According to 18 U.S. Code Section 1028, it is prohibited to knowingly transfer, possess, or use someone else's means of identification without lawful authority, with the intent to commit, aid, abet, or engage in any unlawful activity that violates federal law. Under 18 US Code Section 1028A aggravated identity theft is defined as the knowing and unauthorized possession, transfer, or use of a means of identification in the commission of certain felonies.
Exercise Equipment Product Liability is based on equipment that are very prone to causing injuries that result from their defects. Whether the accident happened at a gym, or at your own home, those involving exercise equipment can result in some of the most devastating injuries that arise from their defects, due to the nature of these products. These products cause tens of thousands of injuries every year, and some specific types of exercise equipment, such as treadmills, are among the most recalled products in America. https://www.youtube.com/watch?v=Jk41OYNcWV4&feature=youtu.be
Creators of defective exercise equipment are liable for the damages when it is clear that the injuries or other damages arose directly due to the product defect. These damages can be to property that you own, or bodily damages in the form of injuries.
California Vehicle Code (CVC) 21955 states that “between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk.”
Jaywalking refers to when a pedestrian crosses a road with marked crosswalks or a marked intersection but does so from a point other than the designated crosswalk. Jaywalking laws protect both pedestrians and automobile drivers from avoidable car accidents. Law enforcement officers are unlikely to arrest you for jaywalking, but they will likely issue a ticket if they see you. In California, jaywalking is an infraction, and a first offense will cost you a minimum fine of $196. The DMV will not assess points onto your driving record.
As a pedestrian, it is your duty and your responsibility to keep yourself safe. In addition to abiding by jaywalking rules, here are some safety tips you can follow to ensure your safety when walking:
Let’s consider the following scenario. You bring ibuprofen to your friend because you are aware that only this pain reliever is effective for him. Then, when charged for violation of Penal Code section 4373.5 PC, you claim that you were not aware that law prohibits bringing to jail this drug and you only had the intent to help your friend. You cannot rely on ignorance of the law because the rule and its sanctions exist outside the jail.
You cannot rely on ignorance of the law because authorities wrote the rule and its sanctions outside the jail. It is punishable in state prison for 16 months or 2 years or 4 years, depending on the circumstances, as well as the criminal history of the person committing the violation. The judge can also award with a felony or formal probation.
Another related offense is the violation of section 4573.6 of the California Penal Code. The section stands for bringing controlled substances to the prison, jail, any detention facility knowingly.
US "Controlled substances act" regulates the manufacture, possession of such controlled drugs. Examples of these are heroin, cocaine, or drugs similar to them. If the violation is charged as a felony and is punishable by imprisonment for up to 4 years in county jail.
If charged under Penal Code 4373.5 PC for bringing contraband into a jail or prison, consult a Los Angeles criminal California Penal Code 4373.5 PC makes it a felony to bring contraband into custodial facilities, aiming to prevent new crimes in jails and prisons.nal defense attorney. For more information contact Los Angeles Criminal Defense Attorney at KAASS LAW. (310) 943-1171 We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205. Additional offices in Los Angeles located at 633 West 5th St 26th Floor, Los Angeles, CA 90071.
Despite the seriousness of the consequences, a defendant has the right to defend himself against the charges. Here are some possible legal strategies: 1. Lack of intent One of the key elements of the crime is the presence of intent to bring illegal substances or items into the prison. If the defense can prove that the defendant did not realize that the item was a prohibited item, this may be grounds for dismissing or reducing the charges. For example, if the defendant was carrying someone else's bag, was unaware of its contents, and had no intent to violate the law. 2. Failure to Give Notice of Prohibitions While ignorance of the law does not absolve one from liability, the defense may allege a lack of proper notice. The law requires that warnings of the prohibitions and possible penalties be posted in conspicuous places on the premises. Failure to post such notices may be used as a mitigating factor. 3. improper handling of evidence As in other criminal cases, any irregularities in the process of:
Can lead to the exclusion of evidence from the case. If the defense can prove that the contraband was seized as a result of an illegal search, it could have a significant impact on the outcome of the case.
Prosecuting these cases is complex and requires a professional approach. A violation of PC 4373.5 can result in lengthy incarceration and a criminal record that will affect:
And other areas of life. If you or a loved one is facing charges under California Penal Code Section 4373.5 PC, it is important to consult with an experienced attorney immediately. The legal team at KAASS LAW is experienced in defending clients charged with smuggling into detention facilities and is prepared to provide a quality defense at all stages of the case.
A DMV hearing is separate from a criminal trial and is not automatic. The defendant may choose to request this hearing within the first ten (10) days from their arrest date should the defendant choose to challenge the automatic driver license suspension.
Under this section, it is unlawful for a person under the influence of alcohol to drive. Prosecutors may charge the defendant for signs of intoxication, using circumstantial evidence like swerving, slurred speech, and failing the field sobriety test.
A defendant may be able to counter a Vehicle Code Section 23152(a) charge by showing that the accident occurred for non-alcoholic reasons. Consider health conditions as well. For instance, a person who suffers from type 1 diabetes may be able to show that they were in fact experiencing an insulin shock or hypoglycemia and therefore why they showed similar symptoms such as dizziness, shakiness, confusion, and poor coordination.
While a first DUI offense is generally classified as a misdemeanor, it can have serious and lasting consequences. In addition to:
The court may impose additional requirements on the defendant. For example, it may be mandatory to attend an alcohol abuse program. As well as participation in community service. In addition, even a first DUI conviction can affect employment. Especially if the job involves driving or requires a professional license. Some employers conduct periodic criminal background checks. A DUI may affect the hiring decision.
It is important to realize that a DUI has not only a criminal component, but also an administrative component. If you do not request a DMV hearing within 10 days, your license will be suspended. The length of this suspension can range from 4 to 10 months, depending on the specific circumstances. In certain cases, if the DUI resulted in an accident with injuries, it is possible to file a civil lawsuit. This may result in additional financial obligations, including compensation for damages and moral injury.
Although this is a first offense, the court may increase the sentence if there are aggravating factors. Such circumstances include:
The presence of one or more of these factors may result in more severe penalties. These include:
Many people believe that when it comes to a first offense, it is best to simply admit guilt and accept the punishment. However, this may be a mistake. There are several defenses available, including:
An experienced DUI lawyer can:
The attorneys at KAASS LAW carefully analyze the circumstances of each case and build a defense strategy to protect their client's rights. If you are facing a first-time DUI charge in California, contact KAASS LAW at (310) 943-1171 for a free consultation. Our attorneys can help you understand the legal details and offer the best solution for your situation.
California Vehicle Code section 10802 is known as a "wobbler offense", as such, it can either a be charged as a misdemeanor or a felony. Penalties for a misdemeanor Vehicle Code section 10802 conviction will differ from a felony VC 10802 conviction.
A misdemeanor Vehicle Code section 10802 conviction carries the following penalties:
A felony Vehicle Code section 10802 conviction carries the following penalties:
The facts of the case and the offender's history generally decide the type of conviction.
Possible defenses for a vehicle code section 10802 offense may be
For example, you wished to replace your dashboard and accidentally damaged the VIN. You can use this technique as a defense method since you had no intent or purpose to commit the violation described in section 10802.
For example, you tried to hide the stolen car, by damaging its VIN, though you did not have the purpose to export or to sell the car to a third party.
If you or a loved one has been charged with VC 10802 we invite you to contact KAASS LAW today at (310) 943-1171, for a free consultation and case review.
In addition to the basic penalties, a conviction under California Vehicle Code 10802 can have long-term consequences. For example, a criminal record can:
If you are convicted of a felony, the consequences may include:
The court and prosecutor may consider such factors as:
If there is evidence of intent and purpose, such as selling cars with counterfeit plates, the act will almost always be classified as a felony.
In addition to lack of intent and prior VIN damage, defenses may include:
Because VIN violations can be either accidental or the result of serious criminal schemes, it is important to have an experienced attorney. One who can protect your rights and obtain the most favorable outcome possible. The attorneys at KAASS LAW can help you understand the charges against you. They will evaluate the evidence and present possible defense strategies. If you or a loved one is facing charges under California Vehicle Code 10802, contact KAASS LAW. phone (310) 943-1171 for a free consultation and legal assistance.
In some cases, the government can take responsibility for the accident. If the public entity in charge of that road had proper notice of the road hazard, and had ample time to take measures to protect against the hazard and failed to do so, then they may be at fault.
To avoid a road debris accident, one should always:
However, identifying the at-fault party can be a difficult process, especially when the at-fault party leaves the scene of the accident. In such situations, it can be virtually impossible to find him or her. Nevertheless, victims can seek compensation through their insurance company or, if there is sufficient evidence, file a civil lawsuit.
If the government knew about the hazard on the road but failed to fix it in time, it can be held liable. For example, if the highway department ignored complaints about litter on the highway, the victim can file a lawsuit against the city. It's important to keep in mind that filing a lawsuit against government agencies is often subject to strict deadlines. There are also specific procedural requirements. Therefore, it is important to contact an attorney early.
Focus on data from the US National Highway Traffic Safety Administration (NHTSA). Every year, thousands of accidents are caused by litter on the roadways. These accidents can have very serious consequences. Such as:
Debris falling from trucks is particularly dangerous. Also, poorly secured objects on passenger vehicles. They can become an unexpected hazard at high speeds. The driver has only a fraction of a second to react to keep himself and his passengers alive.
In addition to the driver who directly collides with debris, other road users are often affected. For example, in an attempt to avoid hitting the object, the driver may swerve into the oncoming lane. He or she may hit a pedestrian or collide with another vehicle. Thus, one thrown object can cause a chain reaction and multiple lawsuits.
If you have been injured in a road debris accident, it is important to act quickly. It is recommended that you:
The attorneys at KAASS LAW have extensive experience in car accident cases. We help clients deal with:
If you or a loved one has been injured in a litter accident, contact KAASS LAW at (310) 943-1171 for a free consultation. We will carefully review the circumstances of your case and recommend a strategy that is in your best interest. Our staff speaks Spanish, Armenian, Russian, and French.
If a faulty oven causes damage to your dwelling, your items inside the property, or even yourself and the people you live with, you have a claim to recovery for all of these damages and any pain and suffering that the damages may have been the cause. The first step to getting compensation is to gain legal representation and open a claim with the company who made the faulty product. You must do so within 2 years of the accident in California in order to be eligible for compensation. As mentioned before, you are entitled to compensation for damages to physical property and people. There are ways, however, that companies may try to avoid having to pay you. Here are some common defenses to product liability lawsuits:
If you or a loved one has been injured due to a oven product defect we invite you to contact our Los Angeles products liability attorney today at (310) 943-1171 today for a free consultation and case review. https://www.youtube.com/watch?v=aauCQGrjBB0&ab_channel=KaassLaw
In California, there are many prohibited devices and weapons and some of them include bombs, missiles, rocket or grenade launchers, and land mines
According to California law possession of destructive devices can be actual and constructive. Actual possession is when the defendant has the dives in his physical possession. Constructive possession occurs when a defendant has control over the device but doesn’t have actual possession over it. Consequently, a defendant doesn’t have to actually touch or hold the device for it to qualify as a possession.
Penalties for a PC section 1817 conviction is a wobbler and can be punished as either a misdemeanor or a felony, depending on the defendant’s criminal history and the case facts.
Penalties for misdemeanor penal code 18710 conviction include the following:
Penalties for felony penal code 18710 conviction include the following:
Under PC 18715 reckless or malicious possession of a destructive device in the following locations can increase the sentence:
The defendant will face felony penalties of two, four, or six years in state prison.
In case the prosecutor establishes that defendant had the intention to intimidate, injure, or terrify a person, or to wrongfully destroy or injure or property under PC 18740 the penalties include three, five, or seven years in state prison.
In case the defendant had malicious intent to injure another person with the device under under PC 18755 the penalties include five, seven, or nine years imprisonment in state prison.
In addition to state criminal liability, a person may be subject to federal liability. Under 18 U.S. Code § 844, it is unlawful to:
It is a federal crime to do so without a license. If the device is discovered during the commission of another crime or near critical facilities such as:
The case may be transferred to federal jurisdiction.
In addition to incarceration and fines, a conviction under the Explosives Possession Statute carries collateral consequences. These include:
And for aliens:
In addition, if the offense is found to be related to street gang activity, the court may order the convicted person to register as a gang member. Contact KAASS LAW at (310) 943-1171 for a consultation.
In case the defendant caused death to another person under PC 18755, the penalties include a life sentence without the possibility of parole.
Basically, 18 USC Section 1028A acts as an enhancement for federal defendants convicted of certain federal crimes listed in subsection "c" of Section 1028A. Aggravated identity theft provides for an extra mandatory consecutive sentence to any sentence imposed upon the underlying crime for a defendant who knowingly possessed, transferred, or used another person’s identification
The prosecutor must prove beyond a reasonable doubt the following elements to convict the defendant of federal aggravated identity theft:
Means of identification is any name or number used, alone or together with any other information, to identify a person, including a name, date of birth, social security number, driver’s license or identification number, passport number, alien registration number, the taxpayer or employer identification number, routing code or electronic identification number.
The defendant may face criminal charges when the identity theft has not even occurred as the attempted identity theft carries the same penalties as the theft. Authorities treat conspiracy to commit identity theft in a similar way. Helping someone commit identity theft can also be considered a crime. Authorities can classify the unlawful actions as a crime, even if the defendant did not gain any financial benefit from using someone else's information.
The penalties for a 18 U.S Code 1028a Aggravated Identity Theft Conviction including the following: In addition to any punishment, the judge imposes for the underlying federal crime the defendant faces a minimum mandatory sentence of two years imprisonment for aggravated identity theft.
In case the underlying felony is related to terrorist activity the minimum mandatory sentence for aggravated identity theft increases from two years to five years imprisonment.
It is important to understand that a conviction for Aggravated Identity Theft is not subject to:
This means that the two years will be served after the base sentence, regardless of the circumstances. In addition, prior convictions for similar crimes may affect the sentence enhancement. The court may also consider:
Lawyers can build a defense based on lack of intent: if the defendant didn't know he or she was using someone else's identity. Or believed he or she had permission. The fact that there was a means of identification can also be challenged. In cases where the prosecution has not proven that the data used actually identifies a specific person.
Cases under 18 U.S. Code § 1028A are often investigated by the FBI, U.S. Secret Service, and immigration authorities, especially if the case involves international schemes, visas, or citizenship documents. If you are facing such charges, it is critical that you contact an experienced federal criminal defense attorney as soon as possible.
If you or a loved one is charged with federal aggravated identity theft, we invite you to contact our Glendale criminal defense attorney at KAASS LAW at (310) 943-1171 for a free consultation and case review. Our staff speaks Spanish, Armenian, Russian, and French.
Here are some examples of situations where a manufacture would likely have to compensate the victim for damages:
There are plenty of possible defenses to a product liability lawsuit, but generally, all of these defenses espouse the same 3 things. They are:
Let’s apply these to our earlier examples:
See also: Injuries Caused by Defective Products Product Liability Oven Defects Motorcycle Part Defects Motorcycle Accidents Personal Injury Facebook
Drivers and pedestrians must share the road. They also share the responsibility for keeping themselves and each other safe by staying alert and abiding by traffic rules. If you injure yourself while jaywalking or injure someone who is jaywalking, you must determine who was at fault or more at fault for the accident.
If you injure yourself while jaywalking, you will likely share some fault for the accident. This doesn’t mean you won’t receive compensation, but we recommend seeking help from a Los Angeles pedestrian injury lawyer to avoid full responsibility. If you or a loved one were injured while crossing the street, contact KAASS LAW (310) 943-1171 for a free consultation.