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California Gun Free Zone Act Penal Code 626.9
According to California Penal Code Section 626.9, also known as the California Gun-Free Zone Act, it is illegal to knowingly possess loaded or unloaded a firearm or to discharge a firearm in a school zone.
Elements of Penal Code Section 626.9
Prosecutor must establish the following elements to convict the defendant of violating the Gun-Free School Zone Act
- Defendant was in possession of a firearm
- Defendant was within a school zone
- Defendant knew or reasonably should have known, that he was in a school zone
Firearm
For purposes of PC Section 629.9, a firearm is a device designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.
School Zone
School Zone is an area, "in, or on the grounds of, a public or private school providing instruction to kindergarten or grades 1 to 12", or within 1,000 feet of those grounds.
Penal Code Section 626.9 Exemptions
There are numerous provisions in the law when a person can escape from criminal liability. The law isn't applicable under the following circumstances:
- Person is an authorized military personnel or police officer
- Person is an authorized security guard or transporter for a financial institution, bank, or other common carriers
- Person is a licensed individual engaged in the business of manufacturing, repairing, importing, wholesaling, or dealing in firearms
- Person has written permission from the school district
- Person is on private property either at a business or residence as long as he lawfully possesses the gun
- Person is carrying a concealed pistol or revolver that is unloaded and is in a locked container within his vehicle
Legal defenses to California PC Section 626.9 Charges
Legal defenses to California PC Section 626.9 charges
- Defendant did not know or could not reasonably know that he was near a school zone
- Defendant was subjected to an unlawful search and seizure
- Any of the exemptions listed in the act applied to the defendant at the time
Penalties for Violating the Gun-Free School Zone Act
In case the defendant possessed a firearm in, or on the grounds of a public or private school, he will face two, three, or five years sentence in California state prison.
In case the defendant possessed a firearm within 1,000 feet of the grounds of a public or private school he will face a sentence of two, three, or five years in California state prison when any of the bellow mentioned circumstances apply:
- Defendant had prior felony convictions
- Defendant was prohibited from possessing a firearm pursuant to Chapter 2, or Chapter 3, of Division 9 of Title 4 of Part 6 of California Penal Code, or Section 8100 or 8103 of the Welfare and Institutions Code
- The firearm was a revolver, pistol, or any other concealable firearm, punishable as an illegally concealed weapon pursuant to PC Section 25400
In case the defendant discharged, or attempted to discharge a firearm in a school zone, he will face a sentence of three, five, or seven years in California state prison.
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Product Liability in California
Under California law manufacturers, distributors and sellers of commercial products have a responsibility to consumers to ensure their products are safe for consumer use. The examples of product liability claims can include unsafe children's toys, defective autos and auto parts, faulty kitchen, defective motorcycle gear, appliances, defective pharmaceutical drugs, specialized equipment and tools for manufacturing and construction.How to Know if a Product is Defective
Product is considered defective in case it is more dangerous than a reasonable user would expect it to be under reasonably predictable circumstances. The product is defective in case the consumer is using it in an ordinary way for which it is intended, but it causes injury because of essential fault in the product itself. Though, if the consumer uses a product in a dangerous and unusual way, the product cannot be considered defective.What are the Main Types of Defects?
There are the three main types of product liability claims in California, which include, design defect, manufacturing defect, and marketing/ advertising defect. A design defect occurs when a product fails to perform as safely as a consumer expects, and the risk of its danger outweigh the benefits of the design. Defective designs have created dangerous products as child products, medical devices, safety products and much more. Defective design claims must include a proof that the whole product line is unsafe, regardless of the fact that the dangerous product was produced in accordance with the manufacturer's specifications. A manufacturing defect takes place when the product differs from the manufacturer's specifications and design, or it differs from other units of the same product line. Manufacturing defects can make a product too dangerous to use. A plaintiff must prove there was a flaw in the manufacturing process, and product was different from the manufacturer's design and it was manufactured differently than the prototype. A marketing/ advertising defect is when a company can be liable for advertising a product for a purpose for which it was inappropriate or for failing to include proper warnings or instructions with the product. Companies are responsible to market their products in a safe manner. Marketing a product without promoting off-label use of a product or sufficient warning labels are examples of a marketing defect.What Happens if a Company Fails to Warn?
According to California strict product liability, a defendant who is aware that the consumer is using the product in a reasonably foreseeable manner that exposes him to a risk of injuries is obliged to warn the consumer of the risk of injury or harm. The defendant can be found liable for a failure to warn when such failure could have altered the outcome. So, in case a typical consumer would have become aware of the risk of injuries or harm on his own, then the defendant can't be found liable for failing to warn of an already-known hazard.Who Can be Held Responsible for Defective Products?
In California different parties in the distribution chain can be liable for a defective product. Defendants can include, product manufacturer and designer, distributor, parties that assemble or install the product, and retailers. In the case that someone has suffered due to a defective product, the first thing a person should do is see a doctor and receive sufficient treatment for his injuries, the next thing a person should do is document the defective product by using a camera to photograph both his injures and the defective product. In case anyone saw the accident, person should also record their testimony and contact information, lastly it is very important to stop using the defective product and put it with all labels and packaging in a safe place. In case a person is aware about the defect but is still using the product, he can lose his right to make a claim against the defendants.Strict Liability and Negligence in California
The type of product liability claim determines what a person must prove for winning his case. In some product liability claims a consumer must prove that the defective product's distributor, manufacturer or seller was negligent. In others product liability claims a consumer is only required to prove that the product was defective. In product liability claims that are based on negligence, a person must establish that a distributor, manufacturer or seller owed a duty or responsibility to him as a consumer, and they breached that duty. In product liability claims that are based on strict liability a person must only prove that the product that caused an injury to him was defective. Then distributor, manufacturer or seller must be able prove that the harm was due to abuse, modification or misuse of the product. So a person doesn't have to prove that the company was negligent, only that the product was defective.Elements the Plaintiff Must Prove During a Product Liability Lawsuit in California
Generally, a plaintiff must be able to establish the following elements, to prevail on a claim for products liability in California, defendant designed, distributed, manufactured, or sold a defective product, product contained the defect when it left the defendant's possession, plaintiff used the product in a reasonably foreseeable manner, as a result of the defect the plaintiff suffered harm. If the above mentioned elements are proven, a plaintiff may be eligible for compensation. The plaintiff may recover for economic damages, these include costs of medical treatment, rehabilitation, nursing care and lost wages. They can also recover for non- economic damages, these include pain and suffering that are difficult to value in terms of money. These damages are very subjective and usually depend on the harshness of the injury and the degree of care that the distributor, manufacturer or seller took to protect the consumer.For More Assistance...
If you or someone you know would like to file a product liability lawsuit in California, contact the attorneys at KAASS Law at {meta.phoneFormatted}. They can provide you with legal assistance by taking a look into your situation. - Read More
California Penal Code 245.6 Hazing
According to California Penal Code 245.6 (PC-245.6) it is illegal to participate in initiation activities that are likely to cause serious bodily injury to a current, former or prospective student. The law applies to any student body or student organization regardless of whether it is officially recognized by an educational institution or not.To be Found Guilty of Penal Code 245.6 Hazing in California
The following elements of the crime must be proven by a prosecutor.- Defendant participated in activity that was part of an initiation ritual into a student organization or body
- Defendant knew or reasonably should have known that the activity was likely to cause serious bodily injury
- Hazing activity took place at a school or school setting
- Hazing activity was not a school sanctioned event or a part of a customary school's athletic event
Initiation or Pre-Initiation Ceremony in California Hazing Cases
Hazing must be a part of an initiation or pre-initiation ceremony and must be focused either on people seeking membership to the group or on people who have just joined the group.Criminal Hazing Examples
In case all other elements are met the following hazing actions can be considered criminal:- Physical beatings
- Extreme sleep deprivation
- Forced drinking of copious amounts of alcohol
- Eating foods designed to induce vomiting
- Drinking and driving
- Running for extended periods of time
- Eating garbage
- Loss of consciousness
- Impairment or loss of function of an organ or another body part
- Concussion
- Bone fracture
- Serious disfigurement
- Wound requiring extensive suturing
Penalties for violating California Penal Code 245.6
Penalties for violating California Penal Code Section 245.6 are as followsMisdemeanor Penalties for Penal Code 245.6
In California law crime of hazing is considered a misdemeanor offence when it does not actually result in serious bodily injury to anyone. The penalties are the following:- Up to one year in a county jail
- A fine from $100 to $5,000
Wobbler Offense Under Penal Code 245.6
In case hazing has caused death or serious bodily injury, then everyone who personally participated in the crime of hazing can be charged with a wobbler. Prosecutor can choose to charge it as either a misdemeanor or a felony, depending on the defendant's criminal history and the case facts. Penalties for hazing as a misdemeanor will be the same as above mentioned.Penalties for Felony Conviction of Penal Code 245.6
Penalties for Felony conviction of Penal Code 245.6 include- Sixteen months, two or three years in a county jail
- Possible sentence realignment under Penal Code Section 1170(h)
- Deferred entry of judgment for dismissal of charges after completion of court-ordered program
- Informal probation
- Probation at a facility for youthful offenders or a formal probation at home
California Criminal Hazing Defense Lawyer
Have you been arrested for hazing? If you are in or around Los Angeles County, a Glendale criminal defense attorney at KAASS Law can provide you with legal assistance. - Read More
PC-288.3 Contacting a Minor with Intent to Commit a Felony
According to California Penal Code Section 288.3 (PC-288.3) it is illegal to contact, communicate with, or attempt to contact or communicate with a person, while knowing that person is a minor, with intention to commit any of the following offenses:- Kidnapping: California PC Section 207
- Kidnapping for ransom, reward, extortion, or to commit robbery or rape: California PC Section 209
- Rape: California PC Section 261
- Rape in concert with another person: California PC Section 264.1
- Child endangerment: California PC Section 273a
- Sodomy: California PC Section 286
- Lewd acts with a child under 14: California PC Section 288
- Oral copulation by force or fear: California PC Section 288a
- Oral copulation with a minor: California PC Section 288a
- Sending harmful material to a minor: California PC Section 288.2
- Forcible acts of sexual penetration: California PC Section 289
- Child pornography offenses: California PC Sections 311.1, 311.2, 311.4, and 311.11
Elements of Penal Code 288.3
Prosecutor must prove the following elements for convicting the defendant of Penal Code 288.3- Defendant contacted or communicated with, or attempted to contact or communicate with a minor
- Defendant knew or reasonably should have known that the person was a minor
- Defendant had intention to commit one of the listed crimes under California PC Section 288.3 involving that minor
Contacted or Communicated with Minor
For purposes of California PC Section 288.3, contacting or communication with minor can be direct or indirect. Defendant can personally contact with the minor or through any print medium, through the mail, by postal service or common carrier, through email or the internet and other means of communication. Under California law it is a crime either to contact or communicate or to attempt to contact or communicate with a minor. This means that crime is considered committed merely by sending the communication, regardless of whether the minor receives or responds to that communication.Defenses to California Penal Code 288.3
No intention to commit a crime Defendant should not be convicted under PC Section 288.3 unless the prosecutor can prove that he actually had intention to commit one of the mentioned above sex crimes. Defendant reasonably believed that the person was not a minor In case the defendant can prove that he actually and reasonably believed the person he contacted with was over 18 years this could be a valid legal defense. For example defendant could have met a minor in a place where only persons 21 or older are allowed to be admitted.Penalties for California PC Section 288.3 Conviction
A conviction for contacting a minor with intent to commit a felony is punished by the same penalties prescribed for the underlying offense defendant is alleged to have intended. The potential penalties include:- A sentence in California state prison, depending on the crime defendant allegedly intended
- A fine of up to $10,000
- Felony (formal) probation
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Battery on a Peace Officer Penal Code 243(b) and 243(c)
California Penal Code Sections 243(b) and 243(c) makes it is illegal to commit a battery on a peace officer. Person can be found guilty of PC 243(b) or (c) if he knowingly used unlawful force against a peace officer while he was performing his duties.
Elements of Penal Code 243(b) Battery on a Peace Officer
Prosecutor must establish the following elements to prove that the defendant is guilty of battery on a police officer.
- Defendant unlawfully and willfully touched a peace officer in an offensive or harmful manner
- The victim was a peace officer and was performing his duties
- Defendant knew or reasonably should have known, that the victim was a peace officer who was performing his duties
- If charged for PC 243(c) – as a result of the used force used the peace officer suffered injury that required medical treatment
For Purposes of The Penal Code A Peace Officer Includes
Penal Code gives a broad definition to a "peace officer", which includes the following:
- Police officers
- Firefighters
- Life guards and search and rescue
- EMTs or ER doctors and nurses
- Animal control
- Traffic cops
- Service processors
Penal Code Section 243(b) and (c) is only applicable when the peace officer whom the defendant battered was engaged in the performance of his duties.
Violent or Offensive Manner
Even the slightest touching, if it is done in an objectively rude or violent manner constitutes offensive touching even if it didn't cause harm, pain, or any kind of injury. The touching doesn't need to be direct.
Legal defenses to Penal Code Sections 243(b) and 242(c)
Legal defenses to California Penal Code Section 243(b) and 243(c) include
- Defendant committed the battery in self-defense or in defense of another person
In case the defendant reasonably believed that he or another person was in imminent danger of great bodily injury or harm and he reasonably used force necessary to deflect that harm, then he can assert self-defense.
- Defendant acted accidentally
For being convicted of a 243(b) or (c) defendant must have intentionally touched the peace officer. In case he didn't act willfully he cannot be found guilty of battery on a peace officer.
- The peace officer was not performing his duties
In case the peace officer whom the defendant battered was not engaged in the performance of his duties, then he cannot be found guilty of this crime. Even if the victim announced that he was a peace officer and was wearing a police uniform he cannot be deemed performing his duties in case he unlawfully detained or arrested the defendant, violated defendant's fourth amendment rights or committed police brutality. This means that officer was not engaged in a legal performance of his duties.
Penalties for a California PC 243(b) or 243(c) Conviction
Penalties for violating California PC 243(b) and 243(c) Sections
In California a basic battery on a peace officer is a misdemeanor with the following penalties:
- Up one year in a county jail,
- A fine of up to $2,000
- Misdemeanor probation
California PC Section 243(c): Wobbler
According to California PC Section 243(c), a battery on a peace officer that caused an injury is a wobbler and can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant's criminal history. For purposes of California PC Section 243(c) the injury is considered the one that requires medical attention.
Penalties for a misdemeanor conviction are the following:
- Up one year in a county jail
- A fine of up to $10,000
- Misdemeanor probation
Penalties for a felony conviction are the following:
- Sixteen months, two or three years in a county jail under California realignment
- A fine of up to $10,000
- Felony probation
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Penal Code 26500 Selling Firearm without a Valid License
According to California Penal Code 26500 (PC-26500), it is illegal to sell, lease or transfer a firearm without a valid license.When is a Defendant Guilty of California Penal Code 26500?
The prosecutor must prove the following element for convicting a defendant under California Penal Code Section 26500:- Defendant sold, leased, or transferred title to a firearm to another one
- Defendant was aware that he was selling, leasing, or transferring a firearm
- Defendant did not have a valid license to sell, lease, or transfer title to a firearm.
Definition of Firearm Under PC 16520
Definition of firearm under PC 16520 include the following- It is a device that is designed to be a weapon
- From which a shot, bullet, or projectile can be expended through a barrel
- By the force of a combustion or explosion
- Persons convicted of a felony
- Persons convicted of some misdemeanor offenses
- Persons addicted to drugs
- Persons suffering from mental illness
- Persons with at least two convictions under California PC 417 Brandishing a weapon
- Persons under age of 18
- Persons acting pursuant to operation of law or a court order
- Law enforcement officers
- Military agencies
- Persons who sell or transfer firearms to federally licensed dealers
- Persons engaged in the infrequent transfer of personal firearms at guns shows
- Persons who get rid of inherited firearms
- Shooting ranges that temporarily loan firearms
- Persons who provide unloaded prop firearms for use in plays or movies
- Person who provide a firearm to a gunsmith for repairs.
Requirement for obtaining a firearm license
Requirement for obtaining a California firearm license are as follows:- Valid firearms license
- Business license required by local municipality
- Seller's permit issued by the State Board of Equalization
- Certificate of Eligibility issued by the Department of Justice
- One-year license issued by local authorizing agency
Failure to Maintain the Firearm License in California
Failure to maintain the license can subject a person to revocation of his license. In case person sells, leases or transfers a firearm without a valid permission he will face prosecution for violating California PC Section 26500.Penalties for California Penal Code 26500 Violation
In California the unlicensed sale of a firearm is a misdemeanor with the following penalties:- Up to six months in a county jail
- A fine up to $1,000.
Glendale Criminal Defense Lawyer
Have you been convicted of a crime related to firearms? If so, it would be a wise idea to face your court case with the assistance of a law firm. If you are located in or around Los Angeles County, a Glendale criminal defense lawyer at KAASS Law can help you achieve positive results in court.Video About Selling Firearm without a Valid License
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Wire Fraud 18 U.S Code § 1343
Wire fraud is a crime under both federal and state laws, and the exact definition depends on the law the defendant is charged under.18 U.S. Code § 1343 Wire Fraud
According to 18 U.S Code Section 1343 wire fraud is defined as recklessly and intentionally making a material misrepresentation to deprive another person of something that has a value. Wire fraud is any kind of fraud scheme that uses wire, radio or television or communication or includes telephone and communications and some types of internet fraud.Elements of Wire Fraud 18 U.S. Code § 1343
Prosecutor must establish the following element for convicting the defendant of a wire fraud:- Defendant made a scheme or plan to commit fraud.
- Defendant used wire, television or radio communications to carry out the scheme.
- Defendant had a specific intent to commit fraud.
How is Wire Fraud Committed?
The crime of "wire fraud" can include communications through:- Telegrams
- Faxes
- Telephone calls
- Emails
- Wire transfers of money
Scheme to Commit Fraud
A person can't be convicted of wire fraud unless he has a scheme or plan to commit a fraud.Misrepresentation
Misrepresentation or a lie must be material to support wire fraud charges. This means that the wrong information must be enough important to make influence on another person's decision. A misrepresentation of an unimportant fact that doesn't matter cannot count as wire fraud. A defendant can also make a misrepresentation in case he deceives another person by leaving out some important information. Professionals may falsely misrepresent themselves with the intent to financially profit from a situation. There are false misrepresentation lawyers that provide legal defense services for defendants being sued and/or criminally charged, as well as legal assistance for plaintiffs who are suing another party for falsely misrepresenting. Although just to be clear, of course no one lawyer will represent both sides of any same case.Knowingly or Recklessly
Defendant acted knowingly or recklessly means that he was aware he was telling a lie or he just didn't care whether his statement was true or false. Thus, for being convicted in wire fraud a person can misrepresent the facts intentionally or can even be recklessly indifferent by making things up without checking if they were true or not.Legal Defenses Against Wire Fraud Charges
Potential legal defenses for wire fraud charges are as follows:- Mistake of fact
- No intent
Penalties for Wire Fraud Conviction
Wire fraud is a federal crime and can result a prison time in federal prison. The penalties for wire fraud include:- In most cases up to 20 years in federal prison and/or a fine
- In case the fraud involves a financial institution or a federal disaster then a sentence of up to 30 years in federal prison
Wire Fraud Video
/wp-content/uploads/2019/11/Wire-fraud.mp4Wire Fraud Defense Lawyer in California
If you or a loved one has been arrested and charged with wire fraud 18 U.S. Code section 1343 we invite you to contact offices of KAASS Law at {meta.phoneFormatted} today for a consultation with our wire fraud defense lawyer. - Read More
Alien Smuggling and Harboring Illegal Aliens
Under Title 8 of the United States Code Section 1324 any of the following acts or attempts of these acts are illegal:
- Alien Smuggling: According to Subsection 1324(a)(1)(A)(i) it is illegal for any person to knowingly and intentionally bring or attempt to bring into the US an alien at any place other than an official point of entry to the country, such as an airport, port or land immigration checkpoint. The crime is applicable to both aliens who are in the country with the US permission and to those who have entered illegally.
- Domestic Transporting: According to Subsection 1324(a)(1)(A)(ii) it is illegal for any person to transport or move an alien within the US by any means of transportation, with knowledge or reckless disregard of the alien's unlawful immigrations status.
- Harboring: According to Subsection 1324(a)(1)(A)(iii), it is illegal for any person to conceal, harbor, or shield from detection or attempt to conceal, harbor, or shield from detection an alien in any place, including buildings or means of transportation with knowledge or reckless disregard of the alien's illegal immigrations status.
- Encouraging/Inducing: According to Subsection 1324(a)(1)(A)(iv) it is illegal for any person to encourage or induce an alien to come to, enter, or reside in the US, with knowledge or reckless disregard of the fact that such coming to, entry, or residence is a violation of law.
- Conspiracy/Aiding or Abetting: According to Subsection 1324(a)(1)(A)(v) it is illegal for any person to engage in a conspiracy to commit or aid and abet the commission of any of foregoing crimes.
- Bringing Aliens to the United States: According to Subsection 1324(a)(2), it is illegal for any person to bring or to attempt to bring an alien into the US with knowledge or reckless disregard that the alien was not authorized to come to, enter or reside in the country.
- Unlawful Employment of Aliens: According to Subsection 1324(a)(3)(A) it is illegal for any person, during any twelve-month period, to knowingly hire at least ten individuals with knowledge that these individuals are unauthorized aliens.
"Knowledge" as the element of crime
According to federal law to convict the defendant under Title 8 of the United States Code 1324(a)(1)(A)(i) the prosecutor must establish that the defendant had knowledge or recklessly disregarded that the person brought to the United States was an alien.
Penalties Human Smuggling and Harboring Illegal Aliens
Penalties for human smuggling and harboring illegal aliens are as follows.
Penalties for Alien Smuggling
Penalties for Alien Smuggling include
- Up to 10 years in federal prison
- Up to 20 years in federal prison if the defendant caused serious bodily injury or put in jeopardy the life of another person
- Death penalty can be imposed in case the defendant's actions caused death.
Penalties for Domestic Transportation, Harboring, and Encouraging/Inducing
- Up to 5 years in federal prison
- Up to 10 years in federal prison if the crime was done for commercial advantage or financial gain.
- Up to 20 years in federal prison if the defendant caused serious bodily injury or put in jeopardy the life of another person
Death penalty can be imposed in case the defendant's actions caused death.
Penalties for Conspiracy
- Up to 10 years in federal prison
Penalties for Aiding or Abetting
- Up to 5 years in federal prison
Penalties for Bringing Aliens to the US
- Up to 1 year in federal prison
- Up to 10 year in federal prison in case a first or second violation happened where the alien was not immediately brought to official point of entry upon arrival
- Up to 10 years in federal prison in case if the crime was done for commercial advantage or financial gain, or if committed with intention that the alien would commit a crime against the US or any state that is punishable by more than one year.
Penalties for Unlawful Employment of Aliens:
- Up to 6 months in federal prison
- A fine of $3,000 per alien employed
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Inciting a Riot Penal Code 404
According to California Penal Code 404 a riot is defined as any use or threat to use of force and violence, accompanied by immediate power of execution, by a group of at least two or more people acting together without authority of law Prosecutor must establish the following elements of the crime to prove that the defendant is guilty of inciting a riot.- Defendant acted or engaged in conduct or that encouraged a riot or urged others to commit acts of violence or force or to destroy or burn property
- Defendant conducted the act at a time and place and under reasonable circumstances that caused an immediate, clear and present danger that a riot would happen
- Defendant had clear intention to cause a riot.
Intention to Cause a Riot
Intention is the main element of the crime, so defendant only needs to intend to cause a riot to be found guilty of this crime. Defendant can be charged if he urged others to commit forceful violent or destructive acts while there was an immediate danger of a riot. To prove the crime of inciting a riot the prosecutor does not have to prove that any riot actually happened. Under PC Section 404a defendant can be charged with inciting a riot even if the destruction, violence, rioting, or burning didn't occur.Legal Defenses to PC Section 404a Charges
No Intent
In case the defendant did not intend or did not think that his words would provoke acts of force, violence, destruction, burning or rioting he can't be found guilty of inciting a riot.Defendant Did Not Incite Violent Acts
Everyone has the right to free speech, and in case the defendant urged the people to participate and exercise their rights to free speech, but did not call them to commit a destructive or violent act then he shouldn't be convicted.There Was No Immediate Danger
Defendant urged the people to act, but the circumstances were such that he reasonably believed there was no present, clear or immediate danger of a riot. In case there was no immediate danger of riot then defendant should not be found guilty under PC Section 404a.Related Offenses
- California PC Section 405 -Participation in a Riot
- California PC Sections 407, 408 – Unlawful Assembly
- California PC Sections 409, 416 Refusal to Disperse
- California PC Sections 415 Disturbing the Peace
Penalties for Inciting a Riot
Under California PC Section 404.6(b) inciting a riot is classified as a misdemeanor with the following penalties:- Up to one year in a county jail
- A fine of up to $1,000
California Penal Code Section 404.6(c) Inciting a Riot in a Jail or Prison
Inciting a riot in a state prison or in a county jail is a misdemeanor but in case the riot results in anyone suffering great bodily injury, the crime can be enhanced to a felony, punishable under California PC Section 1170(h) with the sentence of 16 months, two or three years in a county jail. Have you been arrested for crimes involving a riot? A Glendale criminal defense lawyer from KAASS Law can provide you with legal assistance. - Read More
Sexual Assault in an Uber
Sexual assault by Uber drivers is not uncommon, and the sexual assault itself is prevalent all over. A person must give consent for being touched, and without consent, anyone who is touching or behaving inappropriately can be targeted for assault or harassment.
Sexual Assault in an Uber
Sexual Assault, Touching, or Rape in an Uber Examples of sexual and physical attacks include:
- Touching
- Groping
- Fondling
- Forced sexual action
- Rape
- Sexual abuse
- Sexual misconduct
- Highly suggestive or inappropriate remarks
- Kissing
Depending on the nature of the crime a number of injuries in addition to sexual assault can be caused to the victim. Here is an incomplete list of injures:
- Scratches
- Welts
- Bruises
- Head trauma
- Fractured limbs
- Facial trauma
- Sexually transmitted infection
- Unwanted pregnancy
- PTSD or other mental and emotional trauma
What Can a Victim of Uber Sexual Assault Do?
The following are the steps the victim must undertake:
- Seek medical treatment immediately for any injuries and receive a rape kit in case the victim was raped
- Call the police and give them the required information,
- Report the sexual assault to Uber
- Request a copy bank statement proving the payment for the ride
- Take pictures of damages and injuries
- Try to record eyewitnesses' statements or testimonies, or ask for their personal information for contacting them later
Filling a Personal Injury Claim
In the state of California for personal injury, claims victim has up to two years from the date of the act to file a claim. In case the victim exceeds this statute of limitations, the claim can be outright denied. Therefore, it is important to file a claim against Uber and the driver as soon as possible.
The judge will consider the level of injuries inflicted upon the victim. Sexual harassment includes lewd conduct, suggestive language, unwarranted sexual advances, and requests for sexual favors. It leads to uncomfortable situations but generally does not enter the physical realm. However, when it does, it becomes sexual assault, which includes groping, assault and battery, kidnapping, inappropriate touching, threats and intimidation, sexual assault and rape, or any use of physical violence or force.
A victim can also file a claim against both the driver and Uber. The Uber driver is a person who has committed the acts and can be responsibly liable for his unlawful actions, but the Company can also be complicit if it was negligent in the hiring process or service provision. There is a case of negligence if the driver had a prior conviction of sexual assault or other related crimes and Uber hired him anyway.
What Types of Damages Can a Victim of Sexual Assault in an Uber Can Recover?
The victim of sexual assault in an Uber can collect the following types of damages:
- Economic Damages: Any damages connected with monetary loss or hardship, such as medication, hospitalization fees, surgery costs; property loss, which could occur during the assault, such as bag, purse, phone or laptop left in the car; and lost wages at work due to medical treatment or an inability to make it to work due to stressful situation.
- Non-economic Damages: This is the compensation that can't be measured with money, which involves pain and suffering, mood disorders and anxiety, subsequent mental stress.