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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.
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.
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:
California Penal Code section 463 states, “Every person who violates Section 459, punishable as a second-degree burglary pursuant to subdivision (b) of Section 461, during and within an affected county in a ‘state of emergency’ or a ‘local emergency,’ or under an ‘evacuation order,’ resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster shall be guilty of the crime of looting, punishable by imprisonment in a county jail for one year or pursuant to subdivision (h) of Section 1170.”
Looting differs from traditional theft or burglary because you must commit it during an emergency declared by a governing body. Basically all kinds of theft, no matter how severe, can be classified as looting if done under the necessary conditions. The crimes include:
California Penal Code section 347 (a)(1) states. “Every person who willfully mingles any poison or harmful substance with any food, drink, medicine, or pharmaceutical product or who willfully places any poison or harmful substance in any spring, well, reservoir, or public water supply, where the person knows or should have known that the same would be taken by any human being to his or her injury, is guilty of a felony punishable by imprisonment in the state prison for two, four, or five years.”
There are 2 elements that make up the crime of poisoning in California. They require that the defendant:
You may be able to file a civil lawsuit against your sexual partner if you have been infected with a sexually transmitted disease (STD). You may be able to hold the other person responsible for the emotional distress even if you were not infected. In some cases, the threat of exposure is the cause. In bringing a civil lawsuit for STD infection, you may be able to rely on a number of different legal theories. The most appropriate legal theory will depend on the facts of your case. However, the most common theories are negligence and civil battery.
One potential cause of action is negligence. With this type of claim, the plaintiff must be able to prove that
The keystone of a negligence claim is that the defendant must have disclose the information about STD so that the plaintiff could make a decision about his wish or lack to have an intercourse with defendant. In some cases, liability for negligence lies if the defendant exposed the plaintiff to a sexually transmitted disease, even if the transmission didn’t occur. Usually, damages in this situation are based on the mental anguish and emotional distress.
California Penal Code section 148.5 PC states, “Every person who reports to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, the Attorney General, or a deputy attorney general, or a district attorney, or a deputy district attorney that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor.”
In order to be criminally charged with making a false report of a crime, you must have satisfied the three elements. These elements constitute a violation of Penal Code 148.5 PC. The three elements are the following:
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Penal Code section 330 outlines the crime of “gaming,” or illegal gambling. It states that, “Every person who deals, plays, or carries on…any banking or percentage game played with cards, dice, or any device, for money, and every person who plays or bets at or against any of those prohibited games, is guilty of a misdemeanor.”
Gaming refers to the act of gambling illegally. It is a crime to participate in a game that involves gambling or to run a gambling operation in the state of California. For gambling to constitute a crime, you must have illegally participated in some way, and the game itself must have violated the law. You do not necessarily have to play in the illegal game in order to be charged with a PC 330 violation. The law specifies that it is illegal to deal, play, run, or oversee a gambling operation. This means that participating in gaming is not only illegal but if you conduct an illegal gambling operation on your property and collect some of the profit, you are guilty of a gaming crime. The other requirement is that the game in question must be a “prohibited game” under California law. This means that the game involves a bank, house, or dealer that collects money from losers and gives it to the winners and/or itself. There are 2 main categories this creates: “banking” and “percentage” games. Banking games involve a 3rd party “bank” that distributes money from the loser to the winners. A percentage game means that the bank collects a percentage of the winnings or the total amount of bets.
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.
The two types of emergencies where looting can occur are “state emergencies,” which can only be declared by the California governor, or “local emergencies,” which can be declared by local bodies. These emergencies are declared when an adverse event happens that is so severe, that the locality or state cannot handle it without outside assistance. These can include:
Looting is a “wobbler” offense in California, meaning that it can either be a misdemeanor or felony depending on the circumstances of the crime. The type of theft you committed, the value of the items stolen, and the type/severity of the emergency will all factor into the sentencing. Petty theft looting is always a misdemeanor offense in California, and it can earn you:
Committing looting by grand theft or burglary can either be a felony or misdemeanor. If charged as a misdemeanor, it can result in:
As a felony, the punishments could be:
In addition, it is important to note that looting charges can have far-reaching consequences. For example, a conviction for looting can have a significant impact on future employment opportunities. Particularly if the occupation requires a background check or involves working for the government. Also, such a conviction can make it more difficult for you to apply for rental housing, obtain licenses, or even in immigration matters. In addition, depending on the circumstances, a looting charge may involve additional charges. Such as:
All of this will make the defendant's legal situation much more complicated. On the other hand, a competent legal defense can play a key role in reducing the severity of the consequences. A lawyer can:
Moreover, in the absence of aggravating circumstances, plea agreements are possible. In order to obtain a more lenient punishment or to transfer the case in the direction of an administrative offense. It is important to act quickly and enlist the support of an experienced lawyer. The KAASS LAW legal team is ready to provide qualified assistance in a looting case.
Some potential defenses to a violation of PC 463 include:
There are a lot of emergency situations that may require one to enter a dwelling that they should not be in. For example, a flood might force people on the street to take refuge in nearby stores and buildings. If you were entering these buildings without the intent to commit any crime, especially if you did so for your own safety, this could be a possible defense. While being mistaken for someone else is a defense to basically any crime, it is especially relevant to looting. For instance, riots are a form of emergency where widespread looting is common. Law enforcement, often overworked during states of emergency, commonly arrests people at riots and protests for crimes committed by others. If you can prove that you were not the one who committed the alleged crime, you would be innocent. Lastly, if you did steal, but not during a state of emergency, you could avoid the harsher penalties for looting that are not the same for traditional theft. Say the state of emergency was ended the day before you committed petty theft, then you would only be guilty of petty theft rather than looting. If you face looting charges, don't wait to get legal assistance. KAASS LAW has the experience to help you navigate through these complex charges and work toward a favorable outcome.
The law applies to both large-scale public goods, such as:
One must act purposefully when poisoning a substance, meaning accidental contamination does not count. Also necessary that the defendant knew that what was poisoned would be consumed by someone. A crime can occur even if no one consumes it, as long as someone intended the substance for human consumption. Moreover, even if one doesn’t certainly know that the poisoned item was meant for consumption, as long as the defendant reasonably should have known that it would be consumed, then this will constitute a violation of PC 347 (a)(1). EX: A frustrated employee decides to take some rat poison and stick it in a pill bottle that he found in his boss’s desk. The boss consumes the rat poison and becomes very ill, but the employee claims that he should not be guilty of violating PC 347 (a)(1) because he had never seen his boss take the medication before. Although he may not have seen anyone take the pills before, he can reasonably assume that someone meant the pill bottle in the desk for consumption.
Poisoning is a severe crime and qualifies as a felony offense in California. It is punishable by up to 5 years in a state prison. If your poisoning causes great bodily injury or death to another, the court can extend your sentence by 3 years, and you will likely face additional charges.
In addition to a charge under California Penal Code section 347(a)(1), a defendant may face other charges depending on the circumstances of the case. For example, if a person died as a result of poisoning, the prosecutor may file a charge of attempted murder or premeditated murder. If there are victims or premeditated actions, the prosecution may request increased penalties. This is also how other sections of the California Penal Code can be used. In addition, if the poisoning occurred in a public place, such as:
1. at a school 2. at work 3. public institution This can be considered a particularly dangerous crime with a high risk to a large number of people. Such circumstances often result in a harsher sentence. If the poisoning incident involved: 1. domestic violence 2. act of revenge 3. workplace conflict Additional counts may be added to the main charge. For example, in the case of proven intent, the prosecutor may insist on life imprisonment or a long term of imprisonment.
The Law Offices of KAASS LAW provides skilled defense in cases involving poisoning charges. Our firm carefully analyzes all the details of each case to obtain the best possible outcome for our clients.
You can use several legitimate defenses if authorities wrongfully charge you with poisoning in California. Some of them are:
You can defend yourself if you didn’t know someone would consume the poisoned item and if it was unreasonable to expect anyone to know it was for human consumption. Also, it is required that you poisoned the item willfully. This means that you knew that the substance would be harmful to others and that you purposefully mixed it with an item for human consumption. EX: A mother makes cookies for her son and friends who are visiting, and the cookies include nuts, which one of her son’s friends is allergic to. The friend has an allergic reaction, and the mother faces charges under PC 347(a)(1). She would be guilty if she knew the friend was allergic and purposefully included the nuts, but she would be innocent if she had no knowledge of his allergy. Lastly, the substance you introduced must actually be poisonous or harmful. This is a legal grey area, but sometimes people may face poisoning charges even when the substance deemed a "poison" is not actually harmful. KAASS LAW focuses on defending clients accused of poisoning under California Penal Code 347(a)(1).
A battery cause of action for transmission of a sexually transmitted disease involves the defendant’s intentional, unconsented, and harmful contact with the plaintiff. In an STD case, while the plaintiff may consent to sexual contact, he is not consenting to a contact accompanied by the known risk of contracting an STD. Furthermore, the defendant does not have to have intended to transmit the STD. It's enough to proceed with sexual contact despite the possibility of transmission. For a civil battery claim, the victim must prove that the defendant has actual knowledge that he is a carrier of an STD or is likely to have one.
The person who infected you could face criminal charges under the laws of your state. Even in states where it is illegal to intentionally transmit an STD. You'll have to prove more than just that the person was aware of his or her HIV status and intended to have sexual contact with you. In order to prove fraud, the plaintiff must establish the following:
Accordingly, a person who knowingly and intentionally fails to disclose knowledge of his sexually transmitted disease to a sexual partner can be liable for any injuries that the partner suffered from.
A person who contracts an STD experience suffers emotional distress, including guilt, depression, anxiety, humiliation, or even self-destructive thoughts. An injured person can recover damages for such emotional distress and hold the person with STD legally liable. Frequently, a claim for intentional infliction of emotional distress for transmitting an STD is brought along with another legal theory, such as negligence. This is because demonstrating the elements of emotional distress and determining damages is usually very difficult.
Generally, disclosure of another’s person’s HIV status may be illegal, with narrow exceptions like court cases and medical procedures and. A violation of the statute can provide grounds for a civil lawsuit. Remember that you're looking for monetary compensation for the harm you've experienced as a result of your STD infection. Compensation will include the costs of your medical treatment and your emotional. A civil lawsuit does not, at least not in terms of criminal penalties, punish the person who infected you.
In lawsuits involving the transmission of an STD, the same types of injury compensation that are available in other personal injury cases are usually available. The emotional distress a plaintiff experiences after contracting an STD would account for the majority of damages. If there were no severe physical symptoms or medical costs, along with the change in lifestyle. In civil lawsuits, the plaintiff may be eligible to the following damages, including:
The damages in the case of STD exposure without infection would be based on the plaintiff's fear and extreme anxiety after learning that they may have contracted an STD. Damages for STD disclosure would be based primarily on the emotional distress caused by embarrassment, stigmatization, and/or discriminatory treatment that can occur when an STD is made public.
If you or a loved one has been harmed as the result of being infected with a sexually transmitted disease, then you may be entitled to compensation. If that is the case, contact our Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
Penal Code section 148.5 PC only encompasses misdemeanors and felonies, meaning that making a report of these offenses is illegal. However, reporting an infraction would not violate this law. You must know that the misdemeanor or felony was based on false information, meaning that merely making a mistake and reporting a crime you truly thought occurred would not violate PC 148.5. The law defines a 'figure of authority' as anyone delegated by the state to accept criminal reports. This includes police officers, emergency line operators, prosecutors, a grand jury, etc. Keep in mind that the law can charge you with the crime even if you didn’t make the false report yourself. If a third party makes a criminal report, whether it actually happened or not, you could face charges for violating PC 148.5 if you made a false statement at any point during the investigation. EX: Your neighbor’s car is not at their house one day so they report it as stolen. When the police investigate, they ask you if you saw who stole it. Because you really dislike the landlord of your building, you falsely tell the police that you witnessed the landlord steal the car. You would be guilty of violating PC 148.5 because your statements are inherently reporting your landlord as the culprit even if you didn’t make the initial report.
California considers making a false report of a crime a misdemeanor offense. This means that you can spend up to 6 months in county jail, and/or pay a maximum fine of $1,000. You can expunge this crime from your criminal record upon completion of probation or a jail sentence. However, it is important to realize that being charged under PC 148.5 can have other consequences. For example, having a criminal history of false reporting can have a negative impact on a person's reputation. Moreover, such charges can make it more difficult to obtain certain licenses or participate in government assistance programs. In addition, in some cases, the court may impose additional punishment in the form of community service or special courses. This is especially true for young people facing the criminal justice system for the first time. It should be noted that even if you gave false testimony out of fear, the court can still qualify your actions as willful provision of false information. Therefore, it is important to contact an attorney as soon as possible who can assess the situation and suggest the most effective defense strategy. Finally, although many people believe that false reporting, is a "frivolous" crime, law enforcement takes such charges quite seriously. The reason is that false reports divert police resources and can lead to the unfair prosecution of innocent individuals. This is why having qualified legal support is crucial to protecting your rights. The lawyers at KAASS LAW are here to help you if you find yourself in a similar situation.
There are several common defenses to a violation of PC 148.5. They include:
Even if you gave false information in a criminal report, you must have known that your statements were false. Mistakenly giving a false statement is not a crime. The statute also specifies that you must make the false report to someone delegated by the state to accept reports of crimes. For instance, if say you made a false report to a security guard at a night club, not to an actual police officer. You would not consider this a violation of PC 148.5. Lastly, you must ensure that the crime in question was a misdemeanor or felony, meaning that minor infractions do not count. Falsely reporting a nearby car of failing to signal when changing lanes would not constitute breaking this law. This is because the traffic violation was not a misdemeanor or felony. If you are facing charges for making a false report under PC 148.5, KAASS LAW can provide legal support.
Gaming is considered a misdemeanor crime in the state of California. The punishments for gaming may include up to 6 months in a county jail or a fine ranging from $100 to $1,000. Given that it is only a misdemeanor offense, a judge may choose to waive jail time and opt for probation instead.
There are quite a few legitimate defenses if you are accused of violating PC 330. Some of these are:
If you can prove that you did not participate in the game in question in a way that constitutes illegal activity, then you will successfully defend yourself against this charge. For example, say you own a club and some patrons start independently playing a game of poker. Even though it happened in your establishment, you did not collect any winnings from anyone nor permit the game to be played. This would be a legitimate defense against a gaming violation. You can also prove that the game was not prohibited, meaning that it was not a banking or percentage game. You could show that the game didn’t involve money at all, or if it did, there was no house that collected a part of the earnings. Lastly, there are a couple of exceptions to California gaming laws, most notably charitable games. Penal code section 326.5 specifies that bingo games held by certain charitable organizations are legal.