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It is common practice for a landlord to charge a “security deposit” before renting out a property to a tenant. A tenant pays this before moving in, and the landlord may use it for repairs or unpaid rent. The property owner must return the remaining balance to the tenant once the tenant stops living at the property. Terms like “cleaning fee,” “animal deposit,” and “key deposit” all qualify as types of security deposits.
California limits security deposits based on whether the property is furnished or not. Landlords can charge up to 2 months rent for an unfurnished property, and for 3 months rent for furnished ones.
First, it is required that all California security deposits be refundable. Under no circumstance can a landlord require you to pay a nonrefundable security deposit upfront in addition to rent. Next, once it is time to refund the security deposit, the landlord must do so within 21 days of the tenant moving out. When the remaining amount is returned, the landlord must include an itemized list that describes all of the deductions to the security deposit.
It's important to note that any attempt to circumvent the deposit refund policy is a violation of California law. For example, if a landlord refuses to return a deposit without providing a list of withholdings, this is already grounds for a complaint. California law gives tenants the ability to seek a refund of amounts wrongfully withheld. Also, compensation for additional damages. In addition, if a landlord withholds from a deposit for normal wear and tear such as: 1. scuffs on carpets 2. discolored walls 3. slightly scratched floor Which is considered "natural", this would be considered a violation. Normal wear and tear, should not be compensated from the deposit. Only negligent and willful damage caused by the tenant can be grounds for a hold.
It is worth remembering that the landlord is required to provide the former tenant with a list of withholdings with receipts. Which confirms the value of each of them, if the amount of the withholding exceeds $125. Otherwise, the landlord risks being held liable for up to double the amount of the wrongfully withheld deposit. If you believe your landlord has violated your rights in withholding your deposit, KAASS LAW is here to help. We can analyze your lease, correspondence with your landlord, and other documents. And then build a competent defense and recover the funds owed to you. Don't delay, the sooner you seek legal advice, the better your chances of a successful resolution.
Civil Code section 1950.5 (b) covers the 4 reasons that California landlords may deduct money from a security deposit. They include:
As mentioned earlier, there are many different terms that refer to fees that are classified as security deposits in California (cleaning fee, animal deposit). No matter what the landlord calls the upfront payment, it is subject to the same regulations and limits as security deposits. This means that if a landlord already collected a security deposit in the amount equal to 2 months of rent for an unfurnished dwelling, he could not charge any more in different types of fees because it would put him over the limit. The point is that upfront fees cannot combine to exceed the California limit even if they are seemingly not a part of the security deposit. Many disputes arise from tenants claiming that their landlord is making illegal deductions to their security deposit. Some examples of this could include:
KAASS LAW can help protect your rights regarding security deposits.
California Penal Code section 302 states, “Every person who intentionally disturbs or disquiets any assemblage of people met for religious worship at a tax-exempt place of worship, by profane discourse, rude or indecent behavior, or by any unnecessary noise, either within the place where the meeting is held, or so near it as to disturb the order and solemnity of the meeting, is guilty of a misdemeanor.”
PC 302 describes the requirements for being charged with the crime of disturbing a religious meeting. In order to violate this law one must:
California Vehicle Code section 22517 states: “No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic.”
When a parked car on the side of the road opens its door haphazardly, there are 2 types of accidents that typically occur as a result. It will either be the case that:
CVC section 22517 clearly states that the person who opens the door without taking proper caution is liable for the damages caused by it. However, it is common practice for insurance companies to give partial liability to both parties, especially car door opening accidents. For example, an insurance company would likely declare partial liability if the person who opened their door could prove that they did so while the other driver was a significant distance away. Just because the law supports the position of the party that crashed due to an open door, it does not mean that drivers shouldn’t take caution when driving alongside parked cars. While the law assesses fault to someone who opens their door haphazardly, the person who does so will almost certainly argue that they did so safely, leaving enough time for other drivers to take precautions.
Street racing of any kind is forbidden on California public roadways. Offenses include street racing, drag racing and speed contests. Violation of these rules allows for the offenses to be punished under Vehicle Code 23109, Vehicle Code 23103 and Penal Code 187.
California Vehicle Code 23109: Speed Contest
Violation of California Vehicle Code 23109 will result in a misdemeanor charge. This will then lead to a jail time of 24 hours to 90 days; then fines ranging between $350 and $1000. The penalties will increase as the number of repeated convictions increases. If a violation of VC 23109 results in serious bodily injury, it may be charged as a felony. A prosecutor must prove that the accused motorist was operating a motor vehicle on a public roadway while willfully engaging in a contest of speed.
In California, firework laws divide fireworks into two categories and an exempt category. The categories are “dangerous fireworks” and “safe and sane” fireworks. Specifically, a 'dangerous' firework includes items like rockets and sparklers longer than ten inches or wider than one-quarter inch in diameter. Conversely, a 'safe and sane' firework includes ones like fountains, spinners, noise makers, etc...
Under Health and Safety Code 12505, dangerous fireworks must be used by someone with a license to do so. Dangerous fireworks contain: arsenic sulfide, chlorates, magnesium, phosphorus, zirconium and many other chemicals. Similarly, exempt fireworks also require a special license to use in California. To clarify, exempt fireworks are those used for industrial, commercial, agricultural, or religious purposes. Under Health and Safety Code 12529 these are fireworks that comply with California law and local fire department restrictions. These types of fireworks must be sold at a designated place of business by a person with a retail sales license between the dates of June 28th Noon until Noon of July 6th each year. In contrast, the only items that can be sold year round are 'party poppers' and 'snap caps.
Under California Health and Safety Code 120290, it is violation of the law to purposefully transmit an infectious disease to another person. We can define this in the following scenarios:
Offenses can include knowingly passing a sexually transmitted disease to a partner or even sharing needles infected with HIV.
California Penal Code section 647(e) about "Squatter" laws criminalizes anyone who lodges in any building, structure, vehicle, or place without permission. This applies whether the owner or person entitled to the possession or in control of it.
“Squatting” refers to the act of illegally taking shelter on private or public property without any permission. Also known as "illegal lodging." The crime itself requires satisfying these 2 elements:
The law defines illegal lodging in a few ways, all suggesting an extended stay. They include:
A squatter must also occupy the property without the owner's consent to violate the law. The owner can directly express consent or imply it through their actions and lack of objections. Some examples include:
California Penal Code section 1320 states, “Every person who is charged with or convicted of the commission of a misdemeanor who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required, is guilty of a misdemeanor...Every person who is charged with or convicted of the commission of a felony who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required is guilty of a felony”
Failing to appear in court constitutes a crime if you fulfill the following four elements. The elements are:
It is important to note that for the second element regarding release from custody, different release methods can lead to different Penal Code violations.
California Penal Code section 171.5 is a California statute that makes it illegal to possess a firearm or several other kinds of weapons in an airport under certain circumstances. To face charges for violating this law, you must:
The statute lists various different types of weapons and items that resemble weapons that are illegal to bring to the airport. They include:
California Penal Code section 470: (a) states, “Every person who, with the intent to defraud, knowing that he or she has no authority to do so, signs the name of another person or of a fictitious person to any of the items listed in subdivision (d) is guilty of forgery.” (b) states, “Every person who, with the intent to defraud, counterfeits or forges the seal or handwriting of another is guilty of forgery.” (c) states, “Every person who, with the intent to defraud, alters, corrupts, or falsifies any record of any will, codicil, conveyance, or other instruments, the record of which is by law evidence, or any record of any judgment of a court or the return of any officer to any process of any court, is guilty of forgery.”
Forgery is the crime of falsifying a document, parts of a document, or a signature with the intent to defraud another party. PC 470 outlines several ways to commit the crime of forgery. They include:
PC 302 is a misdemeanor offense in California. The punishments can include:
Beware. In addition to these punishments, someone violating PC 302 may also face California hate crime laws. Hate crime laws enforce harsher sentences for people who harm or harass others because of characteristics such as gender, race, and in this case, religious beliefs. If authorities charge the PC 302 violation as a hate crime, they can charge it as either a misdemeanor or a felony, and punishments could include:
There are several possible defenses to a wrongful charge of disturbing a religious meeting. Some of these include:
To be charged with this crime, the meeting you disturb must meet certain requirements. First, the venue must be a tax-exempt place of worship, so if this is not the case, you would not be in violation of PC 302. The people present must also be meeting for religious purposes. This means that even if there was a meeting at a tax-exempt religious institution, it also has to have been for religious worship in order to qualify. Example: A church congregation that meets at the St. Joe’s Elementary School chapel decides to hold a charity kickball tournament on the field of the school. During the tournament, a heckler decides to yell rude and profane phrases at the players, which leads to his arrest on the grounds that he was in violation of PC 302. While the heckler may be guilty of disturbing the peace, (PC 415) he technically is not disturbing a religious meeting. The congregation met on the premises of a tax-exempt place of worship, but they met to play kickball, not for religious purposes. It may be the case that you did not actually do anything that is classified under PC 302 as a “disturbance.” The law requires that you used profanity, made unnecessary noise, or acted rudely or indecently. There are ways to disrupt a meeting that does not include doing these things, including actions that are unintentional. Perhaps you attended a religious meeting with your baby, and your baby started crying, which interrupted the gathering. Whatever the action was, if it was unintentional, or did not include any of the required criteria for a disturbance, you would not be in violation of PC 302. KAASS LAW can assist if authorities charge you under California Penal Code 302 for disrupting a religious meeting.
First, you should find a safe place to pull over, or if it is unsafe, then leave the scene and find a safe place to exchange information with the other driver. It is required by law that all drivers exchange license and insurance information when they are involved in an accident. If any of the involved parties try to leave without doing so (hit and run), you should try to take a picture or make a note of their license plate, so liability and damages can be fairly assessed. While not required by law, it is always a good idea to call the police to the scene unless the accident is extremely minor. This will help create a more accurate narrative of what happened in the accident. You should also take pictures of the vehicles involved, so the property damage can be properly assessed. While you could open up a claim with your insurance provider yourself, it is recommended that you seek attorney representation and let them handle the process for you. Insurance companies will often ask you several questions in order to get your unprepared answers and use them to minimize the amount they need to pay you in the future. It is paramount that you seek high-quality legal representation in order to protect yourself from being taken advantage of.
If you or a loved one has been involved in an auto accident we invite you to contact our auto accident attorneys at KAASS Law at (310) 943-1171 for a free consultation or fill out the contact form below. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
California Vehicle Code 23103: Reckless Driving Law
Punishments for violating VC 23103 include a 5 to 90 day stay in the county jail and a fine between $145 and $1000. Like VC 23109, if bodily injury is involved due to the violation, it may result in more serious consequences. Repeated offenses also result in more severe punishments. The details of the case may lead to a street racing charge as reckless driving. The prosecutor must be able to show that the operator of the motor vehicle was driving with a “wanton disregard” for the wellbeing of people or property. This means that the operator of the vehicle was in full awareness of the risk of harm, and then proceeded to disregard that risk.
A death during a street racing incident is referred to People v. Watson, or in other words a “Watson Murder” case. Penal Code 187, Watson Murder, is a second degree murder charge. This usually is the result of a DUI. On the other hand, it can be applied to street racing if:
Watson Murder can result in a 15 years to life in a California state prison, fines up to $10,000 and a strike under California’s “Three Strikes Laws.” A repeated “strike” offense may result in a doubled prison sentence.
When a person is arrested for any of the above offenses, the arresting officer has the authority to call in a tow truck to send the car to impound for a period of up to 30 days. The circumstances to receive the vehicle before the end of the 30 period period are as follows:
Attorneys can defend against these charges by being able to prove that the defendant’s actions were not willful, there is not enough evidence to support that the defendant was contesting speed, the defendant was not driving the vehicle or the attorney can prove a necessity defense. A necessity defense means you are “guilty with an explanation.” For example, rushing to the hospital. Glendale Reckless Driving/Street Racing Attorney If you or a loved one is charged with reckless driving or street racing 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.
Any and all “safe and sane” fireworks in the state of California must display a “State of California, State Fire Marshall Registered Fireworks” seal. If the seal is not present, the fireworks are not legal to possess or use in the state of California.
In California, specifically, being in possession of an illegal firework violates Health and Safety Code 12677. Therefore, this can apply to California 'safe and sane' fireworks as well, if they violate local fire codes. To illustrate, in Burbank and Glendale, 'safe and sane' fireworks are not permitted. Most offenses result in a misdemeanor punishable by:
The sale and distribution of 'dangerous' fireworks violates California Health and Safety Code 12767 and therefore results in other charges. Furthermore, the punishment for this offense is dependent on the amount of fireworks in possession of the defendant upon arrest.
An attorney may be able to help you fight against a California Firework charge. In particular, known defenses include:
Important: If you have been accused of possessing or selling illegal fireworks, seek legal counsel right away. This will allow you to obtain a defense and possibly lessen the consequences of the charges. KAASS LAW can help you build a defense strategy. Possible defenses include:
If you have a permit to use the fireworks, this can also be an important factor in your defense. Furthermore, if the charges are related to a miscommunication in the transaction, this could also be grounds for dismissing the charges. Don't risk - KAASS LAW is here to help you protect your rights and interests. It is also worth remembering that even possession of fireworks without the intent to use them can result in charges. For this reason, having an experienced attorney become a key factor. One who can carefully review the details of your case and help minimize or completely dismiss the charges. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
Violating this Health and Safety code may result in a misdemeanor punishable by a maximum of 6 months in county jail and a fine of up to $1000. A defendant can fight against charges under 120290 HS by having no knowledge of the infectious disease, proving no intent to transmit that disease, or simply even if no transmission occurs at all. Actual disease transmission proves guilt for this crime. So if there is a way to prove that the disease was not transmitted, or at least not transmitted by the defendant, there is grounds for dismissal.
There are three other charges that can be related to Health and Safety Code 120290. Health and Safety Code 1621.5, Penal Code 12022.85, and Penal Code 243.4.
This code criminalizes donating blood, organs, semen, or breast milk when knowingly infected with HIV or AIDS. This law pertains to the donation of infectious diseases, rather than transmission.
Violating Health and Safety Code 120290, and causing HIV/AIDS during those acts with a minor, adds three years. The three year enhancement of charges goes on top of the time served for the underlying charges.
Violation of this penal code and Health and Safety Code 120290 would be that a person knowingly transmitting an infectious disease while also committing sexual battery. A person commits sexual battery when they touch another's genitalia for their own gratification. In this case, touching would be the form of conduct that spreads the infectious disease. A prosecutor can charge this as a misdemeanor or a felony. Misdemeanor offense can lead up to one year in prison and up to $3000 fine. A felony offense can have up to a 4 year prison sentence and fines up to $10,000.
It is important to realize that HSC Section 120290 charges can seriously affect a defendant's future. Even a misdemeanor charge can lead to a criminal record that affects every part of your life. Especially related to communicable diseases. It can affect employment, immigration status, and personal reputation. Therefore, it is crucial to have your case handled by an experienced attorney who can assess all the nuances and build a defense strategy. In addition, prosecutors must prove not only the fact of infection, but also that the defendant knew about the disease. That he or she intentionally attempted to transmit the infection, and that the infection actually occurred or there was a high risk of transmission. If even one of these elements is missing, the charge can be dismissed. For example, if a person participated in risky behavior but was unaware that he or she was infected, this does not fall under HSC 120290. The defense can argue that protected contact and a low likelihood of transmission meant there was no risk of infection. The lawyers at KAASS LAW are prepared to act quickly and decisively. We will provide comprehensive legal support. We will also analyze medical documents, involve experts if necessary and achieve justice in court. Under no circumstances should you wait if you are faced with such a charge.
If If you or a loved one is charged with intentionally transmitting an Infectious disease or its related offenses, 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.
KAASS Law can help you defend yourself against charges of squatting or trespassing. KAASS Law offers the support you need to protect your rights.
California considers squatting a misdemeanor. The punishments may include the following:]
Often, being charged with squatting will also constitute a violation of PC 602, trespassing. Since squatting is the crime of staying or planning to stay on a property that isn’t your own, usually the people who commit this crime have entered the premises illegally. Trespassing is a misdemeanor offense that carries the same punishments as squatting.
In addition, it is important to understand that each unlawful occupancy case is handled individually. The court will consider not only the factual circumstances, but also the behavior of both parties. That is, both the alleged trespasser and the property owner. For example, if the owner noticed the person on his or her property, but took no action to evict him or her, this may be considered acquiescence.
However, even with these circumstances, you should not ignore the charges. Having legal counsel greatly increases the chances of a favorable outcome. At KAASS LAW, we understand how sensitive cases involving homelessness and unlawful occupancy are. We provide a personalized approach to each client. Our team will help gather evidence, prepare arguments and protect your rights in court.
You can use several legitimate defenses if charged with criminally squatting. Some of these include:
Illegal lodging requires that you do something to indicate that you plan to stay on someone else’s property for an extended period of time. Perhaps this was the case, but you didn’t actually plan on staying long. EX: A man gets off his flight at an airport and waits at a nearby parking lot at night for his taxi to arrive. He carries a large number of belongings in his luggage and appears disheveled from a long flight. A property owner in the parking lot sees the suspicious-looking man with several belongings sitting in his parking lot and calls the police, who arrest him for squatting. While carrying belongings is a sign of a squatter, the man did so for reasons other than trying to lodge in the parking lot, so he would not be in violation of the law. It is also possible that you did not do anything at all to indicate your intention to stay on the property for an extended period. Homeless individuals who are breaking the law may be charged with squatting just due to their appearance, which is not an adequate basis for the crime. If you don’t take specific actions that show intent to illegally lodge, the law does not consider you a squatter. Lastly, the idea of permission to squat can be a grey area because you don’t have to receive direct permission to stay on someone’s property. “Implied permission,” is when the property owner’s actions or inaction constitute a form of permission. A property owner who frequently lets squatters sleep in his parking lot cannot have them arrested out of the blue.
Failing to appear in court is a wobbler offense in California, meaning that it can sometimes be charged as either a misdemeanor or a felony. In the case of PC 1320, the evading court on a misdemeanor case will result in a misdemeanor, while evading a felony court date will result in a felony offense. As mentioned earlier, factors like bail payment can also impact the severity of the punishments. When you fail to appear for a court date for a misdemeanor offense, the court charges the crime as a misdemeanor. The punishments can include:
When you fail to appear for a court date for a felony offense, the court charges the crime as a felony. The punishments can include:
When you fail to appear for a court date for a felony offense with bail posted, the court charges the crime as a felony. The punishments can include:
You can defend yourself in several ways if authorities wrongfully accuse you of criminally failing to appear in court. Some of these include:
You must fail to appear intentionally to face charges for the crime. There are several reasons why this may not be the case. Simply forgetting about your court date is not a crime, you must have knowledge of the court date and willfully decide not to go. Even if you did purposefully fail to appear, it is only a crime to do so if you were trying to avoid the legal process. There are many legitimate reasons as to why you would have to miss a court date. For example, you may have been sick or injured. Lastly, sometimes our legal system does make mistakes in coordinating dates for court appearances. It is not uncommon for the court to expect you to come on an incorrect date, or one that is different from what they told you. If the court made a mistake causing your failure to appear, you can use it as a defense. KAASS LAW provides expert legal defense for individuals charged with failing to appear in court under California Penal Code 1320.
It also specifies that it is not necessarily illegal to have these items anywhere in an airport, but only in “sterile” areas, which refers to anywhere past the TSA screening.
California law treats possession of a weapon in an airport as a misdemeanor offense. The punishments could consist of:
Legal Grounds for Bringing Prohibited Items into the Airport Legislation provides a number of exemptions for persons authorized to bring weapons and prohibited items into the airport. Under California Penal Code Section 171.5, certain citizens are exempt from liability for possessing and carrying a weapon into an airport. These are such people as:
To obtain an exemption, you must document your status. For example, an active police officer must have his or her official identification card and orders to perform specific duties related to being at the airport.
Yes, there is a possible defense in such situations. If a person did not realize they were carrying a prohibited item and had no intent to violate the law, this can be considered a lack of intent.
For example, a passenger may have accidentally left a pocket knife less than 4 inches long in the side pocket of their bag after a previous trip. If the item does not exceed the allowable length or fall under the list in 171.5(c), criminal charges may not be filed.
First and foremost, call an attorney right away. Do not attempt to explain the situation to airport officials on your own without an attorney present. Even if the charge seems false, the police or prosecutors may use anything you say against you. A qualified, specialized California criminal law attorney should be contacted immediately.
The KAASS LAW has extensive experience in protecting the rights of clients falsely accused of violating Section 171.5. Having professional legal help early on can make a big difference in the outcome of a case. It can keep the offense off your record. Contact us for a consultation and to begin protecting your rights.
There are several possible ways to defend yourself if you are wrongfully charged with violating PC 171.5. Some of them include:
Many individuals, mainly members of law enforcement, are exempt from airport gun laws. Included in this are peace officers, retired peace officers, certain military and ex-military personnel, and airport security. It is common for people to accidentally bring items in their luggage that they did not mean to bring. For example, if you accidentally left a box cutter in a small pocket, you can't face charges for violating PC 171.5. You can also defend yourself by showing that you didn’t bring the weapon into a sterile area. For example, if you were picking up a friend from the airport, and a security guard saw your weapon, you wouldn’t be guilty of violating PC 171.5 if you didn’t bring the weapon past TSA. Lastly, it is possible for the prosecution to make a mistake when classifying your items as a “weapon.” The most common example of this is for knives, which you may be bringing with you for a purpose other than use as a weapon. As long as the knife is under 4 inches, it cannot be classified as a weapon under this law section. If you face charges under California Penal Code 171.5, KAASS LAW can help protect your rights.
Not only is it required that document falsification takes place, but for the forgery to be a crime, it is also required that the person who did it, has done so with “Intent to Defraud.” Someone has this intent if it can be proven that they tried to deceive another person in order to benefit financially and/or legally.
Forgery is a “wobbler” offense in California, meaning that it can be charged as either a misdemeanor or felony crime depending on the severity of it. It is mainly up to the judge’s discretion on how they would like to charge the crime, but it is worth noting that forged documents that defraud people out of $950 or less are charged as misdemeanors. Misdemeanor forgery charges can result in:
Felony forgery charges can result in:
A forgery conviction can have serious long-term consequences. For example, a conviction for forgery can appear on your background check and affect:
In addition, some employers, especially in finance and law, do not hire people with such past offenses. In addition, if the accused is employed by a government organization, the conviction may result in termination of employment. Even if the person is not convicted, the mere fact of criminal proceedings can damage reputation and professional activities. It is also worth noting that a forgery charge can be used against you in civil lawsuits. For example, if someone lost money because of an alleged forged document, they can file a civil lawsuit seeking compensation. This means that you will face financial consequences in addition to criminal liability.
Several common defenses exist if you face forgery charges in California. Some of these include:
People make innocent mistakes in creating complex documents all of the time. Under no circumstance can making a mistake on a document qualify as forgery, even if the document caused someone to lose money or successfully deceived someone. You can sign for others if they give you permission to use their signature. Many workplaces have e-signature systems where workers can legally provide the signature of one of their coworkers (with their permission). This is not a crime. Lastly, there may have been another reason for you falsifying a document that does not involve deceiving another. Maybe, for example, you were trying to prank your friend by showing them a large (falsified) paycheck that you received from your employer. Unless you try to deceive someone with the check, it is not a crime to falsify the document for another purpose, such as making a joke.
If you are facing a forgery charge, it is important to consult with a lawyer right away. KAASS LAW can help defend you against forgery charges by thoroughly reviewing the evidence and building a strong case. If you are facing a forgery charge, it is important to consult with a lawyer right away. Our lawyers will be able to:
1. analyze the details of the charge 2. identify the errors of the investigation 3. build a competent defense strategy. Timely legal assistance significantly increases the chances of a favorable outcome of the case.