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Carbon Monoxide Poisoning Prevention Act
Carbon Monoxide, also known by its chemical abbreviation (CO), is a gas comprised of one part carbon and another part oxide. Carbon monoxide is a colorless and odorless gas which exposure can lead to serious illness or death. The most common causes of the wrongful death from Carbon Monoxide poisoning are improperly ventilated generators, stoves, fireplaces and water heaters. According to the California Air Resources Board carbon monoxide poisoning causes death from thirty to forty people each year
California Carbon Monoxide Poisoning Prevention Act
The primary law in California which protects victims from Carbon Monoxide Poisoning is California's Carbon Monoxide Poisoning Prevention Act of 2010, which requires carbon monoxide detectors to be installed in every dwelling unit intended for human occupancy. According to the Act all residential property that have a non-electric heater, non-electric appliance or have a fireplace, are required to install carbon monoxide detectors.
The California Carbon Monoxide Poisoning Prevention Law Provides That
- All single-family homes, including individually-owned condominiums, (owner or tenant occupied) must be equipped with a detector on or before July 1, 2011.
- All other residential units must be equipped with a detector on or before January 1, 2013
Carbon Monoxide Detector
CO device is designed to detect carbon monoxide and produce a distinct audible alarm. Carbon monoxide device provides a vital, low-cost and highly effective protection against carbon monoxide poisoning. It can be battery powered or plug-in devices with battery backup. The detector must be certified pursuant to the requirements of Underwriters Laboratories Inc. (UL) and the American National standards Institute (ANSI).
California's Building Code: Carbon Monoxide Should Be Installed
According to California's Building Code Carbon Monoxide devices are required be installed outside of each separate sleeping area, however for maximum security the State Fire Marshal's Office recommends to have a CO detector in each sleeping room. CO devices are also required to be installed in garages, basements and on each level of a multi-level home. In hotels, motels, and boarding houses the device must be placed in a sleeping unit that has a fuel-burning appliance. Because Carbon Monoxide is lighter than air and can be found with warm, rising air, detectors must be placed on a wall about five feet above the floor. The detectors can be placed on the ceiling far from a fireplace or flame-producing appliance.
Health and Safety Code Section 17926.1 CO Detectors
Health and Safety Code Section 17926.1 particularly applies the requirements of the Act to landlords who rent dwelling units to tenants. According to the Act, CO devices shall be operable when the tenant takes possession of the unit. Landlords can enter units for purposes of maintaining or installing CO detectors with notice pursuant to California Civil Code Section 1954. Tenants are required to inform the landlords if the CO device is deactivate or is not operating properly. In case CO device or its batteries were unplugged or removed and the owner was not informed, the owner is not in violation of the law.
Violations of Carbon Monoxide Poisoning Prevention Act can lead to a maximum fine of $200. However property owners will be given a thirty-day notice to correct as a chance to avoid the fine.
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California Penal Code Section 602 PC: Trespassing
According to California Penal Code Section 602 trespassing is entering or remaining on the property of another person without a right or permission to do so.What Elements Need to Be Proved to Be Convicted of California Criminal Trespass?
There are various types of trespassing under California law and each of them has specific elements of the crime, but here are some basic elements that are common for most forms of California trespass. So, prosecutor must be able to establish the following element in order to prove that a defendant is guilty of trespassing:- Defendant intentionally entered or remained on the property of another person without owners consent
- Defendant did so with the specific intent of interfering with the another person's property rights
- Defendant actually interfered with that person's property rights
Common Examples of Violating California's Criminal Trespass Laws
- Entering another person's property to interfere with business.
- Unlawfully occupying another person's e property
- Entering another person's property with the intent to damage the property
- Refusing to leave another person's property upon the owner's request.
Legal Defenses California Penal Code 602 PC Trespassing
Defendant had the owner's consent to be on the property
If a person can prove that he initially had the owner's consent to enter the property you he won't be considered guilty under the California Penal Code Section 602.Defendant hadn't occupied the property
In order to convicted for the type of trespass that includes occupying another person's property the defendant must in some way deprive the owner of the use or enjoyment his property for a continuous period of time. If defendant can show that his presence on the property did not affect the owner's right to use or enjoy the property, he can't be guilty of this type of trespass.Defendant did not interfere with activity on the property
If you are charged for the type of trespass that involves interfering or obstructing on the property such as business activity then you must have actually interfered with or obstructed that business. If you didn't do so you can't be convicted of criminal trespass.Penalties for California Criminal Trespass Under Penal Code 602
In California criminal trespassing charges can be filed as infractions, misdemeanors, or felonies. The following are penalties for California trespass.California Infraction Trespass Penalties
The trespass is charged as an infraction in case the defendant willfully entered another person's land and fence enclosed the land, or a "no trespassing" signs were hung at intervals of no less than three to a mile. The penalties for California trespass penalties charged as an infraction can include:- $75 fine for a first offense, and
- $250 fine for a second offense on the same land.
California Misdemeanor Trespass Penalties
The majority of trespass cases are charged as misdemeanors and penalties can include:- Up to six months or in certain cases up to 1 year in county jail,
- A fine of up to $1,000
- Probation
California Aggravated Trespass Penalties
California aggravated trespass occurs when the defendant makes credible threat to physically injure a person and then within 30 days of the threat actually enters that person's property to seemingly carry out that threat. In California law aggravated trespass is considered a wobbler and it can be charged as either a misdemeanor or a felony, depending on specific circumstances of the offense.California Felony Trespass Penalties
California felony trespass penalties include the following:- Sixteen months, two or three years in county jail; and/or
- Felony probation
California Penal Code 602 PC Trespassing Lawyer
For answers to any other questions you may still have about California Penal Code 602 PC Trespassing charges or to discuss your case confidentially with our team of experienced California criminal defense attorneys. Give KAASS Law a call at {meta.phoneFormatted}. Our law firm is highly dedicated to serving the needs of our clients.Trespassing Video
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Penal Code 25850 PC Carrying a Loaded Firearm
According to Penal Code 25850 PC, it's illegal to carry a loaded firearm on a person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.Prosecutor Must Establish the Following Elements to Convict Defendant of Carrying a Loaded Firearm
The prosecutor must establish the following elements to successfully convict a defendant of carrying a loaded firearm under Penal Code 25850:- The defendant carried a loaded firearm on his person or in a vehicle;
- The defendant was aware that he was carrying a firearm
- Defendant was in a public place where it was unlawful to discharge a firearm.
Definition of Firearm for Purposes of Penal Code 25850 PC
California Penal Code 25850 PC defines a firearm as any device designed to be used as a weapon, from which a projectile is expelled through a barrel by the force of any explosion or other form of combustion. A firearm includes flare handguns, guns, shotguns, rockets, rifles, zip guns, and assault rifles.Definition of Loaded Firearm for Purposes of Penal Code 25850 PC
Under Penal Code 25850 PC a firearm is loaded when there is an unexpended cartridge consisting of a case that holds a charge of powder and a bullet. Even if the firearm is not capable of being fired, it can still be considered loaded if it fits within the above characteristics. If a person carries a gun in a public place, a peace officer has the right to examine whether it is loaded or not.Who is Eligible to Carry a Loaded Firearm in Public in California?
There is a number of individuals who are exempted from the prohibitions against carrying a loaded firearm in public.- Peace officers, active or honorably retired
- Peace officers from another state, who are performing official activities in California
- Federal law enforcement agents or officers
- Members of the armed forces
- POST certification (animal control persons, zookeepers, harbor police)
- Legitimate hunters
- Persons who conceal weapons permit
- Security guard and private investigators
Defenses to California Penal Code Section 25850 Charges
Defenses to California Penal Code Section 25850 charges include the following- The defendant was unaware of the presence of the firearm
- The firearm was not loaded
- The defendant was not in a public place or a prohibited area
- Self-Defense
What are the Penalties for California Penal Code Section 25850 Conviction?
Penalties for California Penal Code Section 25850 conviction can be either charged as a misdemeanor or felony and is also considered a "wobbler" offense in California.What are the Penalties for Misdemeanor Penal Code 25850 Conviction?
The penalties for a misdemeanor Penal Code Section 25850 carrying a loaded firearm include:- Up to one year in county jail;
- A fine of up to $1,000; and/or
- Probation
Is Penal Code Section 25850 Considered a Wobbler Offense in California?
In California Penal Code Section 25850 is considered a wobbler offense. Depending on certain aggravating circumstances and particular circumstances of the case, carrying a loaded firearm can become a wobbler and can be prosecuted as either a felony or a misdemeanor. The aggravating circumstances are the following:- Previous misdemeanor conviction against a person or a property
- Previous misdemeanor conviction involving a narcotic or dangerous drug,
- The loaded gun was not registered with the Department of Justice.
Penalties for Misdemeanor with Aggravating Factors Are the Same as for a Regular Misdemeanor
Penalties for a misdemeanor with aggravating factors are the same as for a regular misdemeanor. Penalties for a felony conviction under aggravating factors are the following:- 16 months, 2 or 3 years in county jail; and/or
- A fine of up to $1,000
What are the Penalties for Felony Penal Code 25850 Conviction?
Penal Code lists other aggravating circumstances that elevate a Penal Code 25850 PC to a felony. These aggravating circumstances are the following:- The defendant had previous convictions for a felony or any other gun offense
- The defendant had reason to believe that the gun he owned was stolen
- Defendant unlawfully possessed the firearm or was otherwise prohibited to own it
- The defendant was an active participant in a criminal street gang.
Penalties for Felony Penal Code 25850 Include
Penalties for felony Penal Code 25850 conviction include:- 16 months, 2 years, or 3 years in county jail; and/or
- A fine of up to $10,000
Prior Firearm Convictions Enhancement
The defendant must also serve a minimum of three months in county jail if he has a prior conviction for shooting at an inhabited dwelling house or car (PC 246), assault with a deadly weapon (PC 254), and brandishing a weapon (PC 417).Penal Code 25850 Defense Lawyer
For answers to any other questions you may still have about California Penal Code 25850 charges or to discuss your case confidentially with our team of experienced California criminal defense attorneys give us a call at {meta.phoneFormatted}. Our lawyers in Glendale, Los Angeles County, CA, are highly dedicated to serving the needs of our clients. - Read More
Vehicle Code 10853 Malicious Mischief to Vehicle
According to California Vehicle Code Section 10853 it is unlawful for any person to intentionally deface damage or destroy the personal property of another. The law applies both to vehicles and items attached to vehicles, as mirrors, hood ornaments and license plates.Elements Required to Be Convicted of Vehicle Code 10853 Malicious Mischief to a Vehicle
For a defendant to be convicted of Vehicle Code 10853 malicious mischief to a vehicle the prosecutor must prove the following elements beyond a reasonable doubt:- Defendant climbed into a vehicle while it was in motion or at rest, or
- Defendant attempted to manipulate the starting mechanism, levers or other mechanism or device of a vehicle.
- Defendant had intent to commit malicious mischief.
Malicious Mischief Damage Without Possession
Malicious mischief is type of a non-violent crime, which doesn't involve injury to a victim or use of force and fear; instead it involves some type of property damage or economic loss to a victim. Malicious mischief of a vehicle occurs when someone damages another person's property regardless the amount of damage. The value of the damage can be significant or minor, but the key issue in the crime is the damaging of the property. Malicious mischief does not involve taking a vehicle, but only defacing, destroying or otherwise damaging it without the owner's consent.Defenses to California Vehicle Code 10853
Common defenses to California Vehicle Code 10853 Malicious Mischief to a Vehicle include the following: Defendant didn't have an intent to deface, damage or destroy Person must have a clear intent to damage, deface or destroy another person's vehicle. In case he did so accidentally and without specific intent he can't be criminally liable under California Vehicle Code Section 10853. Wrong person has been arrested People usually commit malicious mischief to a vehicle at night and do it very quickly. So it becomes really hard for eyewitnesses to recognize the person who has committed the crime and this can lead to false arrests.Vehicle Code 10853 Malicious Mischief to a Vehicle Penalties
According to Vehicle Code Section 10853 malicious mischief to a vehicle is a misdemeanor level offense. The penalties for this crime are the following:- Up to six months in a county jail
- A fine of up to $1,000
- Probation
Consequences for a Vehicle Code 10853 Conviction
In addition to all penalties the conviction can lead to significant consequences for the defendant. The conviction is visible to landlords, employers and anyone else who conduct a criminal background searches.Related Crimes Malicious Malicious Mischief to a Vehicle
The following crimes are related to malicious mischief to a vehicle.- California Vehicle Code Section 10851 – Driving or taking a vehicle without the owner's consent
- California Penal Code Section 459 – Auto burglary
- California Penal Code Section 594 – Vandalism
Glendale Criminal Defense Lawyers
Our Glendale criminal defense lawyers experienced with malicious mischief to a vehicle charges are here to answer any questions If you or a loved one has been charged with malicious mischief to a vehicle and you would like to discuss your case confidentially with one of our criminal defense lawyers at {meta.phoneFormatted}. - Read More
California Penal Code 496(a) Receiving Stolen Property
Receiving stolen property is charged under California Penal Code Section 496(a) making it a crime to buy, receive, conceal or sell the property knowing it was stolen or obtained by extortion. Additionally, it is also illegal to aid another person in concealing or withholding the property knowing it was unlawfully obtained.Elements Prosecution Must Prove to Convict on Receiving Stolen Property Charges?
The elements the prosecution must prove to convict defendant for receiving stolen property under California Penal Code Section 496(a) include the following:- Defendant bought, sold, received, concealed or withheld from the owner (or assisted another person in these acts) such property that had been stolen or obtained by extortion
- Defendant was aware that the property had been obtained by extortion or stolen
- Defendant actually knew the property was in his possession
"Receiving" Property Under Penal Code Section 496
Under California Penal Code Section 496, "receiving" property means acquiring possession and control of the property. For purposes of Penal Code, more than one person can have possession of the stolen property. "Receiving" property doesn't require physical possession over it; having control of the property even it is not in your immediate possession is enough.Stolen or Obtained by Extortion Property
Property is considered "stolen" if it is obtained by burglary, grand theft, robbery, larceny, embezzlement, or any other theft crime. Property is obtained by extortion in case it is acquired from another person with his consent, but that consent was obtained through the use of force or fear.Legal Defenses For Penal Code Section 496 Receiving Stolen Property
Person Didn't Know That the Property Was Stolen
As one of the essential elements of the offense, the prosecutor must prove that the defendant knew that the property was unlawfully obtained. In case a person was unaware of that fact, he cannot be charged with the receipt of stolen property.Person Didn't Know That the Property Was in His Possession
The prosecutor should also prove that the defendant was actually aware the property was in his possession. In case a person didn't know about the presence of the property, he can't be convicted under Penal Code Section 496.Innocent Intent
This defense applies if the defendant can show that he intended to return the stolen property to the police or the rightful owner at the time he had received the property. If the defendant decided to keep the stolen property and only later intended to return it this defense will fail.Penalties Receiving Stolen Property Under California Penal Code Section 496(a)
In California law receiving stolen property is considered a wobbler and can be charged as either a misdemeanor or a felony, depending on the defendant's prior criminal history and case circumstances. But if the total value of the property is $950 or less the defendant can only be charged with misdemeanor.Penalties for Misdemeanor 496(a) PC Receiving Stolen Property Offense
Penalties for misdemeanor 496(a) PC receiving stolen property offense include the following:- Up to one year in county jail,
- A fine of up to 1,000 , and/or
- Probation
Penalties for Felony 496(a) PC Receiving Stolen Property Offense
Penalties for a felony 496(a) PC receiving stolen property offense include the following:- Sixteen months, two or three years in jail,
- A fine of up to 10, and/or
- Felony probation
496(a) PC Receiving Stolen Property Lawyer
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Penal Code 647(i) "Peeping Tom" Law
Under California Penal Code Section 647(i), also known as the "peeping Tom" law, it is illegal to peek into a door or window on someone else's private property without the consent of the owner for observing persons who are inside.To Be Convicted of Penal Code 657(i) Prosecutor Must Prove
The prosecutor must establish the following elements for convicting the defendant in the offense of peeking while loitering:- Defendant lingered, delayed, wandered or prowled on another person's private property
- Defendant did not have a lawful purpose for being another person's property
- Defendant peeked in the door or window of an inhabited building or structure when he was on the property
What is California Penal Code 647(i)?
Under California Penal Code 647(i) any building which is used as a residence can be considered an inhabited structure. It is not important whether someone is inside at the time of peeking or not, a person can be charged with peeking while loitering even if no one is at the property.Is "Specific Intent" Required in Peeping Tom Penal Code 647(i) Cases?
Penal Code 647(i) doesn't require specific intent, and it is not important why a person decided to peek into a door or window on someone else's private property. So a person can be convicted even if he entered the property without intent to loiter or peek.Defenses for Peeking Loitering Charges
Defendant had a reason to be on property In case the defendant had a lawful reason to be on property (working as contractor or was a meter reader or surveyor), he can't be found guilty under Penal Code Section 647(i). Defendant was not on a private property As an essential element of this offense defendant must be on a private property. It is not unlawful to look through the window or a door of an inhabited structure while standing or being on public property or your own property. Defendant entered an uninhabited building or structure In case the defendant was peeked into an uninhabited structure or former inhabited dwelling he should not face a peeking while loitering conviction.What are the Penalties for Penal Code Section 647(i) Conviction?
Under California Penal Code Section 647(i) unlawful peeking is a misdemeanor offence and the penalties are the following:- Up to six months in a county jail,
- A fine of up to $1,000
- Misdemeanor probation
- Up to one year in a county jail,
- A fine of up to $2,000
Defendant's Criminal History a Factor in Sentencing Penal Code 647(i) Conviction
Depending on the case circumstances and the defendant's criminal history he can be sentenced to misdemeanor probation instead of the jail time. Judge may impose different conditions on that probation, such as periodic court appearances, paying restitution to the victim or staying away from the property and the victim, not committing this offense anywhere else. In case the defendant has two or more prior felony convictions, a prior felony conviction during which he was armed or a prior conviction for a serious felony he can't be entitled to informal probation.California Penal Code 647(i) Lawyer
For answers to any other questions you may still have about California Penal Code 657(i) charges or to discuss your case confidentially with our team of experienced California criminal defense attorneys give us a call at {meta.phoneFormatted}. Our lawyers in Glendale, Los Angeles County, CA, are highly dedicated to serving the needs of our clients. - Read More
Penal Code 647(a) Lewd or Dissolute Conduct in Public
According California Penal Code Section 647(a) it is prohibited to engage or solicit another person to engage in lewd or dissolute conduct in any public place or in a place open to the public or exposed to the public view.What Needs to Be Proved to be Found Guilty of Penal Code Section 647(a)?
To prove that the defendant is guilty of engaging in lewd conduct, a prosecutor must prove following elements:- Defendant intentionally engaged or solicited another person to engage in lewd or dissolute conduct (touching of own or another person's genitals, buttocks, or a female breast)
- Defendant did so with the intent sexually to arouse or gratify himself or another person or to annoy or offend another person;
- Defendant engaged in the conduct, in a public place or was in a place open to public view
- When defendant was engaged in the conduct, someone else who might have been offended was present
- Defendant knew or reasonably should have known that another person who might have been offended by his unlawful conduct was present.
Is it illegal to Engage in Sexual Activity in Public in California?
In California it is not illegal to engage in a sexual activity in public. It's only considered unlawful in case person knew or reasonably should have known of the presence of another one who was likely to be offended.What is Considered as "Public" in Lewd Conduct Penal Code 647(a) Cases?
The term "public" is broadly interpreted in lewd conduct cases. It can be a place open to the public such as a vehicle parked by the road, a hallway in an apartment building, shopping malls, adult book stores, public bathrooms. Locations like home, hotel room, place of business are not considered public places. But there can still be a violation of Penal Code 647(a) in case a person can be seen through an open window or door with no blinds or curtains.What are Legal Defenses to California Penal Code 647(a)?
Defendant didn't do anything lewd or dissolute In case the defendant did not touch himself or another person in a way that can be considered as lewd or dissolute act then he is not considered guilty. The prosecutor has the burden of prove that the defendant was engaged in lewd conduct. Defendant had a reasonable belief that no one was present This crime requires that person intentionally expose himself in a public place where other people were in plain view or in an area where people usually gather. Unless defendant knew that someone would likely see him and be offended, he won't be considered guilty Under Penal Code 647(a). Conduct Was Not In A Public Place In case the sexual activity took place on private property or an area where the public is not invited then it is not considered a lewd conduct.Penalties for Lewd or Dissolute Conduct in Public Under Penal Code 647(a)
Under California PC Section 647(a) engaging in or soliciting another to engage in lewd conduct is a misdemeanor offense, and the penalties are the following:- Up to six months imprisonment in county jail and/or
- Fine of up to $1,000.
Penal Code 647(a)Defense Lawyer
For answers to any other questions you may still have about California Penal Code 647(a) or to discuss your case confidentially with our team of experienced California criminal defense attorneys, give us a call at {meta.phoneFormatted}. Our lawyers in Glendale, Los Angeles County, CA, are highly dedicated to serving the needs of our clients. - Read More
California Penal Code 240 Assault (PC 240)
California Penal Code Section 240 (PC 240) defines assault as an attempt to commit a violent injury on someone else. Assault is usually discussed in connection with the battery, though they are two different offenses. Penal Code 242 battery is different from an assault as it requires that the defendant actually use force or violence against someone else.What Is the Prosecution Required to Prove to Convict Defendant of Penal Code 240 Assault?
To be convicted of assault the prosecution must prove the following elements:- Defendant committed an act that directly and probably would result in the application of force against another person;
- Defendant did so intentionally and willfully;
- When committing the act the defendant had facts that would make a reasonable person realize the act would result in applying force to someone;
- When committing the act the defendant had actual ability to apply force to another person
"Application of Force" in California Criminal Assault Charge
Application of force is any harmful or offensive touching. The touching doesn't need to cause an injury or to be done directly. The slightest touching will be considered enough if it is done in a rude or offensive manner.What are the Legal Defenses to Penal Code Section 240 Assault?
Legal defenses to Penal Code Section 240 Assault include the following:- Defendant did not have the actual ability to inflict force or violence on someone else
- Defendant acted in self-defense or defense of others
- Defendant did not act with required intent or willfully
- Defendant was wrongfully accused
What are the Penalties for Penal Code 240 Assault?
Under California Penal Code Section 240 assault is considered a misdemeanor. The possible penalties include:- Up to six months sentence in a county jail; and/or
- A maximum fine of to one thousand dollars
Assault and Related Offenses
There are various charges that fall under assault related offenses in California including the following criminal charges such as Penal Code Section 245(a)(1) assault with a deadly weapon.California Penal Code Section 245(a)(1) Assault with a Deadly Weapon
Under Penal Code Section 245(a)(1) assault with a deadly weapon, known also as ADW, is assault committed by means of a deadly weapon or force likely to inflict great bodily injury. To be convicted of assault with a deadly weapon the prosecution must prove the following elements- Defendant committed an act that directly and probably would result in the application of force against another person;
- Defendant committed the act either with a deadly weapon or by means of force likely to produce great bodily injury
- Defendant did so intentionally and willfully
- When committing the act the defendant had facts that would make a reasonable person realize the act would result in applying force to someone;
- When committing the act the defendant had actual ability to apply force with a deadly weapon or force likely to produce great bodily injury
What Is Considered a Deadly Weapon in California?
A "deadly weapon" is any instrument, object or weapon which use can likely produce death or great bodily injury (like a knife or a gun).Penalties for Penal Code 245(a)(1)
Under California Penal Code 245(a)(1), assault with a deadly weapon is considered a wobbler, and depending on the specific circumstances it can be charged either as a misdemeanor or a felony. Prosecutor's decision about whether to charge ADW as a misdemeanor or a felony is based on several factors, such as:- The type of used instrument or weapon
- The severity of the injury caused to the victim
- The identity of the victim
Penalties for Misdemeanor Assault With Deadly Weapon
Penalties for misdemeanor assault with deadly weapon include the following:- Up to one year sentence in county jail; and/or
- A fine of up to one thousand dollars
Penalties for Felony Assault Charges
Under Felony California Penal Code 245(a)(1), assault with a deadly weapon penalties include the following:- Two, three, or four, years in California state prison; and/or
- A fine of up to ten thousand dollars
Penalties for ADW with a Firearm
If a deadly weapon was an ordinary firearm, then the above mentioned penalties still apply. However, the misdemeanor ADW with a firearm carries up to six months in county jail. In case the used deadly weapon was a semiautomatic, then the defendant is sentenced to a prison term of three, six or nine years. In case the weapon was a machine gun or assault weapon, then the defendant will be subject to a prison term of four, eight, or twelve years.California Penal Code Section 244 Assault With Caustic Chemicals
California Penal Code 244 Assault with caustic chemicals occurs whenever a person willfully and maliciously places or throws, or causes to be placed or thrown any caustic chemical, a corrosive substance, flammable substance or vitriol with the intention of injuring another person's flesh or disfiguring the body. In order to be convicted in assault with caustic chemicals the prosecution must prove every single of the above mentioned elements.What Is Considered to Be a Caustic Chemical?
Under Penal Code section 244 a caustic chemical is any corrosive, flammable substance that can burn living tissue. Kerosene, acid, gasoline, petroleum products, or flammable liquids with one hundred fifty degrees Fahrenheit or less are examples brought in Penal Code section 244.Penalties for Penal Code Section 244
Assault with dangerous chemicals is considered a felony and penalties for a Penal code 244 convicts can include:- Two, three, or four years in California state prison; and/or
- A fine of up to ten thousand dollars
- Instead of prison, the defendant can be sentenced to felony probation and serve up to a year in county jail.
Get Help Defending Criminal Battery Charges from an Experienced Lawyer
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Penal Code 647.6 Annoying or Molesting a Child
According to California Penal Code 647.6 it is unlawful to molest or annoy a minor under the age of 18 while motivated by an abnormal or unnatural sexual interest in the minor.
What Elements Must Prosecutor Establish to Convict a Defendant of Penal Code 647.6
The prosecutor must establish the following elements for convicting a defendant of Penal Code 647.6 annoying or molesting a child
- Defendant engaged in unlawful conduct directed at a minor
- Defendant's conduct without hesitation would have disturb, irritate, offend or injure a normal person
- Defendant's conduct was motivated by an abnormal or unnatural sexual interest in the minor
- At the time of the conduct the minor was under the age of 18
Conduct Considered as "Annoying or Molesting a Minor"
Annoying a child according to California Penal Code Section 647.6 PC meets the following requirements:
- Defendant's behavior was driven by a sexual interest in a minor
- Defendant's behavior attacked a minor's safety and privacy
Under the Penal Code Section 647.6, the words "molest" and "annoy" refer to the same behavior and actions.
Penal Code 647.6 is Classified as a General Intent Crime
California Penal Code Section 647.6 classifies annoying a child as a "general intent" crime, so the prosecutor does not need to prove that defendant intended to be sexually inappropriate in his behavior. If defendant's behavior could irritate or disturb another person he can be convicted of committing this crime. Furthermore the child does not actually need to be irritated or disturbed by the defendant's conduct. According to PC annoying a child charges are examined by what so called "objective test", when the court only looks at the nature of the behavior itself, but not the result of the behavior.
Difference Between PC 647.6 and Other California Sex Crimes
According to California Penal Code 647.6 PC it is not necessary that the defendant touch the child's body. The difference between other sex crimes is that crime of annoying a child can be just by using words that could be construed as annoying.
Driven by sexual interest
To convict defendant under California Penal Code 647.6 PC prosecutor must prove that he didn't only have committed an inappropriate act towards a minor, but also the act was driven by a sexual interest in a child. So in case the defendant's behavior was driven by other than sexual interest, then he did not commit an annoying a child crime.
Penalties for Child Molestation Conviction in California
Penalties and punishments for a Child Molestation conviction in California can be tried as either a misdemeanor or felony in California
Punishments for Misdemeanor Child Molestation Conviction in California Under Penal Code 647.6
In situations where the defendant has no aggravating factors, the first offense under PC Section 647.6 PC is a misdemeanor with the following penalties:
- Up to one year in a county jail
- A fine of up to $5,000
Penal Code Section 647.6 Wobbler Offense
California Penal Code Section 647.6 becomes a wobbler in case defendant annoyed a minor after entering inhabited dwelling house, inhabited part of a structure or a trailer coach without consent. If convicted as a misdemeanor under Penal Code 647.6(b), defendant will face the same above mentioned punishment.
Punishments for Felony Child Molestation Conviction in California
If convicted as a felony the punishment will be 16 months, 2 or 3 years in California state prison. If the defendant has prior Child Molestation Conviction under Penal Code 647.6, the conviction will be charged as a felony. Defendant will receive up to three years in California state prison for a second or subsequent conviction for annoying or molesting a child.
Child Molestation Charge with Prior Felony Conviction
In case the defendant has prior felony conviction for certain specified sex offense then violation of Penal Code 647.6 will be charged as a felony, punishable by two, four, or six years in state prison. The list of such offenses includes, but is not limited to:
- Rape of a minor under 16 – Penal Code Section 261
- Continuous sexual abuse of a child – Penal Code Section 288.5
- Lewd acts with a child Penal Code Section 288
- Child pornography- Penal Code Section 311.4
Probation
If the judge believes that the defendant doesn't present any danger to children, the punishment can be probation instead of jail or prison time. There are two types of probations the defendant might receive, depending on whether he was convicted of a felony or misdemeanor.
Misdemeanor or informal probation can last from 1 to 5 years, with the requirement to pay fines and do some community service/labor. Additionally, defendant will be required to appear before the judge at specified times.
Felony or formal probation can last from 3 to 5 years, with the requirement to regularly meet with a probation officer, pay restitution to the victim and comply with other conditions. Additionally, the judge can sentence the defendant to 1 year in a county jail. In case the defendant violates the conditions and terms and of formal probation, the judge can place him in a state prison.
Registration as a sex offender
Defendant will be required to register as a sex offender for violating Penal Code 647.6 PC. The information about him and his offence will be available for the public to see on the Department of Justice's Meghan's Law website.
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California Penal Code 115 PC Filing A False Document
Under California Penal Code 115 filing a false document states, anyone who intentionally procures or offers a false or forged instrument to be filed, registered, or recorded in a California public office is guilty of a felony crime.The Element "To Offer" in California Penal Code Section 115 Charges
"To offer" means to cause or present the document to a government agency, but the document does not actually need to be filed for being convicted of violating California Penal Code Section 115.Prosecutor Must Establish The Following to Convict Defendant Under PC Section 115
Prosecutor must establish the following element for convicting a person under PC Section 115.- Defendant either offered or procured a document for filing, recording or registration with any public office in California
- Defendant was aware that the document was false or forged when filed it
- Defendant intentionally altered or misrepresented factual information such as monetary amounts, prices, description of events, ownership, etc with intention to defraud another person
- The document, if genuine, was one which could be legally filed
Examples of False or Forged Documents for Purposes of Penal Code 115
Though the crime of filing false instruments is most often associated with filing of false property deeds in connection with real estate fraud, California Penal Code Section 115 applies to almost any type of document filed with a state government office. Here are some common examples of forged instruments.- Bail bonds
- Tax returns and income statements
- Lien for money
- Bank account records
- Fishing records
- Personal checks
- Identification cards and birth certificates
- Immigration documents
What are the Penalties for California Penal Code 115 Conviction?
Under California Penal Code 115, filing a false document is a felony. In case the defendant filled or recorded multiple documents, he can be charged with separate counts of California Penal Code 115 violations for each document, even if the documents had similar matters or were closely related. The potential penalties for each count are the following:- Sixteen months, two or three years in state prison
- A fine of up to $10,000
- Felony probation
Situations where Defendant Wont Be Given Probation in Penal Code 115 Cases
The defendant won't be given probation under Penal Code 115 PC in Cases where- He had previously been convicted for violating PC Section 115 or
- One instance of filing of false or forged documents caused more than $100,000 damages to the victim
Sentencing Enhancements for Penal Code Section 115 PC
In some particular circumstances the defendant can receive additional punishments to the sentence, known as "Sentencing Enhancements":- The defendant can face an additional fine of up to $75,000 in case the forged or false document affected or encumbered the title or mortgage to a single family residence with up to four residential units.
- The defendant can face an additional sentence of one to four years if a victim is harmed by a loss of more than $65,000 and the prosecution can prove that he intended to cause such a loss.
Can a Defendant Face Aggravated White Collar Crime Enhancement in Penal Code 115 Charges?
Defendant can also face an aggravated white collar crime enhancement, in case:- He was already convicted for two or more felonies connected with fraud related crimes
- He committed felonies against two or more victims or against one victim but on more than one occasion
- Felonies represent a pattern of criminal conduct
- His actions brought more than $100,000 damage to victims
What Are the Penalties for Aggravated White Collar Crime Enhancement
The penalties for aggravated white collar crime enhancement are the following:- Additional one to five 5 years in state prison
- A fine up to $500,000 in fines or double the amount of the fraud, whichever is greater
Penal Code 115(a) Filing A False Document Defense Lawyer
For answers to any other questions you may still have about California Penal Code 115(a) charges or to discuss your case confidentially with our team of experienced California criminal defense attorneys give us a call at {meta.phoneFormatted}. Our lawyers in Glendale, Los Angeles County, CA, are highly dedicated to serving the needs of our clients.