Under California Penal Code 21510 it is criminal offense to carry a switchblade knife on one's person, possess in the driver's area of a vehicle in a public place, sell or offer to sell or provide a switchblade to another person.

What is Unlawful under PC Section 21510?

PC Section 21510 makes it illegal to:

• Carry a switchblade knife on person
• Possess a switchblade knife in the driver's area of a vehicle in a public place
• Sell or offer to sell or expose a switchblade knife
• Loan or provide a switchblade to another person

Prosecutor must establish the following elements to prove that a defendant is guilty of carrying or providing a switchblade.

• Defendant possessed or offered to sell or provide a switchblade knife to another person
• Defendant did this intentionally
• Defendant was aware that the knife had the characteristics of a switchblade

Definition of a Switchblade Knife

California Penal Code Section 17235 defines switchblade knife as following:

• A knife with an appearance of a pocketknife with a blade or blades that at least two or more inches in length
• That can be released automatically with by flicking of a button, pressuring on the handle, or flipping of the wrist.

There are many types of knives that can qualify a switchblade, such as gravity knives, butterfly or batanga knives, spring blades and snap blade knives. A "switchblade knife" does not include a type of knife that can be opened with one hand by putting thumb pressure on a stud which is attached to the knife.

Legal Defense for PC Section 21510 Charges

• The knife is not a switchblade

California PC Section 17235 provides an exact description of a switchblade and in case the knife lacks the characteristics of the legal definition, defendant can't be held criminally liable. Lack of knowledge of presence Defendant must be aware of carrying a switchblade on his person or vehicle. In case he didn't know that it was in his bag or car then this defense can be applicable. The burden of proof is on the prosecutor, but defendant will have to show some evidence that the bag, coat or car belonged to another person.

Penalties for Violating California Penal Code 21510

Under Penal Code 21510 Carrying a switchable is a misdemeanor and can be punished by:

• Up to six months in a county jail
• A fine of up to $1,000
• Misdemeanor probation

Aggravating Factors in Penal Code 21510 Charges

Defendant is more likely to be sentenced to jail time instead of probation in case the following aggravating factors are present:

• Defendant has prior criminal history
• Defendant has a history of violence
• Defendant had intention to use the switchblade as a weapon
• Defendant is a gang member
• Defendant resisted arrest or not cooperative

Related Offenses

• Brandishing a Weapon: California PC Section 417
• Carrying Dirk or Dagger: California PC Sections 21310 and 16470
• Assault with a Deadly Weapon: California PC Section 245
• Possession of Prohibited Weapons: California PC Section 16590

Glendale Criminal Defense Attorney

If you or a loved one has been charged with Penal Code 21510 carrying a switchblade we invite you to contact our office for a consultation with a skilled and experienced Glendale criminal defense lawyer.

According to California Penal Code 476a it is illegal to make, attempt to make, write, pass, and attempt to pass, posses, use or attempt to use an altered, fake or forged check in order to defraud another person or businesses.

Elements of Penal Code 476a Writing or Passing Bad Check

Prosecutor must establish the following element to prove that the defendant is guilty of passing bad checks:

• Defendant deliberately wrote, delivered and attempted to use a check on a bank, person or business for the payment of money
• Defendant acted for his behalf or on behalf of another person
• Defendant had insufficient funds to cover the full payment of the check
• Defendant was aware that there were insufficient funds in the account
• Defendant did this with the intention to defraud another person

What Does Attempt to Use Mean?

Attempt to use a check means representing it as a genuine or real. The representation or statement can be made by conducts or words and can be made directly or indirectly.

"Intent to Defraud" in Penal Code 276a Charges

The prosecutor must prove the defendant's intentions to defraud the recipient of the money or other property. Defendant doesn't necessarily must be successful in his attempt to be considered guilty.

Legal Defenses to Penal Code 476a

Some legal defenses to Penal Code 476a are as follows:

• Defendant acted under duress

In case the defendant didn't willfully write, deliver or attempt to use a bad check, he can't be found guilty for violating PC Section 476a. Thus if the defendant only wrote or delivered the check because he was coerced into doing so by fraud or threats of violence then he hasn't willfully violated California's bad checks law.

• Defendant honestly believed he had sufficient funds or he had an overdraft protection

A conviction for this offense cannot be obtained in case the defendant can prove that he had reasonable knew he had an overdraft protection or honestly believed he had enough funds to cover the check.

• Defendant post-dated the check or otherwise communicated to the payee

Glendale Criminal Defense Lawyer

If you or a loved one have been arrested or charged for Penal Code 476a Writing or Passing Bad Check and seek aggressive defense, we invite you to contact our Glendale criminal defense lawyer for a consultation.

Under California Penal Code Section 666 petty theft with a prior is described as follows: "Every person who has been convicted of three or more times of petty theft, grand theft, auto theft, burglary, carjacking, robbery, or a felony violation resulting in serving time in jail is convicted of petty theft". Thus for be sentenced to penalties for petty theft with a prior under PC Section 666, defendant must first had conviction of California petty theft penal code 484 and 488.

Elements of Penal Code 666 Petty Theft with a Prior

Prosecution must establish the following elements for convicting the defendant of the petty theft with a prior under Penal Code 666:

• Defendant had prior convictions for a theft crime for which he served jail or prison time
• Defendant also had a conviction for a violent or serious California crime for which he served time in prison or jail

Qualifying theft crimes include: grand theft (including grand theft with a firearm) auto theft, carjacking, burglary and robbery. To get conviction of petty theft with a prior the defendant must also have a conviction for any of the below mentioned offenses, additionally to a theft crime conviction.

• Theft or fraud of an elderly person in violation of California elder abuse laws under Penal Code Section 368
• Prior sex crime convictions with the requirement to register as a sex offender under Penal Code Section 290
• A prior conviction for one of a serious or violent felonies, such as
• Rape
• Gross vehicular manslaughter
• Murder or attempted murder
• Sex crimes with a child under 14 years old
• Sex crimes committed through the use of force or fear
• Assault with a machine gun on a peace officer
• Possession of a weapon of mass destruction
• Solicitation to commit murder
• Any other felony punishable by life in prison or the death penalty

Proposition 47's Reform

Prior to proposition 47, three prior convictions for different theft crimes could lead to a felony sentence of sixteen months to three years for a conviction on a new charge. But, proposition 47 has changed the law so that most of the cases with three prior theft convictions will remain misdemeanors. Exceptions are the following:

• Prior convictions for California PC Section 368(d) or (e) elder abuse
• In case the defendant is required to register as a sex offender.

Legal Defenses to California Penal Code Section 666 Charges

Legal defenses to California Penal Code Section 666 charges include

• No intent to steal

Intent is one of the key elements that must be proved for convicting defendant of a theft crime. In case the defendant didn't not intent to steal the property he is not guilty of petty theft.

• Consent from the owner

In case the owner of the property gave the defendant a permission to take the property, he can't be found guilty of petty theft.

• Defendant had a reasonable belief that the property belonged to him

In case the property actually belonged to the defendant or if he reasonably but mistakenly believed that the property belonged to him, he is not guilty of petty theft.

Penalties for a California Penal Code Section 666 Conviction

Penalties for a California Penal Code Section 666 conviction include In California law petty theft with a prior conviction is a wobbler and can be charged as either a misdemeanor or a felony, depending on the case facts and the defendant's criminal history.

• Defendant will get up to one year in county jail for misdemeanor conviction.
• Defendant will get sixteen months, two or three year's term in California State prison for felony conviction

Glendale Petty Theft Lawyer

Our Glendale petty theft lawyers can help you defend your penal code 666 charges. Call our office at {meta.phoneFormatted} or contact us via email at [email protected] to schedule a consultation with a Glendale criminal defense attorney. Our lawyers in Glendale, Los Angeles, CA, are highly dedicated to serving to needs of our clients.

According to California Penal Code Sections 4852.01 – 4852.21 (PC-4852.01) to (PC-4852.21) Certificate of Rehabilitation is a court order that attests to a person's rehabilitation since his conviction for a particular sex misdemeanor or a felony for which he served state prison time. Certificate of Rehabilitation doesn't erase or seal person's criminal record, but, it does limit the negative effects of criminal record.

Eligibility For Certificate of Rehabilitation

Eligibility for getting a Certificate of Rehabilitation include the following

• Person must have continuously live in California for the past 5 years since his release or for 3 years in case he was on parole
• Additional waiting period has passed since person was released
• Person has not been jailed or imprisoned since the end of his sentence
• Person is not currently on probation for a felony conviction.
• Person is not deemed ineligible to obtain a California Certificate of Rehabilitation.
• Person must have lived a custody-free life
• Person must show proof of rehabilitation and convince the judge that he deserve to exercise all the civil and political rights of citizenship.

When is Someone Not Eligible for a Certificate of Rehabilitation

A person wont be eligible for a Certificate of Rehabilitation in case such as

• Received a misdemeanor conviction for a crime other than a sex crime listed in Penal Code 290
• Was undergoing compulsory life parole
• Was convicted with a federal offense or with any crime outside of California
• Is currently serving in the U.S. military
• Was sentenced with the death penalty

OR in case he was convicted of any of the following crimes:

• Felony sexual battery
• Felony statutory rape
• Felony pimping or pandering
• Sexual assault or rape
• Sexual assault of a child
• Lewd acts with a child
• Continued sexual abuse of a child
• Assault with the intent to commit a sex crime
• Child molestation
• Oral copulation by force or with a child
• Sex act with a child under the age of 10
• Child molestation
• Kidnapping with the intent to commit a sex crime

Benefits of Certificate of Rehabilitation

Benefits of Certificate of Rehabilitation include the following

• Increases person's ability to secure state licenses
• Restores civil rights, except for 2nd Amendment rights
• Serves as a hard evidence for employers that person has rehabilitated
• Prohibits employers from asking about conviction
• Prevents conviction from being used to impeach person as a witness
• Removes the requirement to register as a sex offender

Limits of Certificate of Rehabilitation

Second Amendment Rights In case a person was convicted of a felony, he will be denied his Second Amendment rights - the right to posses or own firearms. The only way to restore these rights is a Governor's Pardon. After getting a Certificate of Rehabilitation a person is eligible to apply for a Governor's Pardon. Public Record A certificate of rehabilitation, unlike an expungement, does not automatically remove person's conviction from public databases. Person's past convictions still counts as a prior offense in case he commits a crime again. Additionally he must disclose his conviction if applying for a job with the State Lottery Commission, if running for public office, or if applying for a professional license.

When is a Person Eligible to Apply for a Certificate of Rehabilitation?

Depending on the crime the main waiting period is 7, 9 or 10 years.

• 10 years waiting period is for any sex offense that required a person to register as a sex offender under state law.
• 9 years waiting period is for the following crimes: aggravated kidnapping, homicide, assault with force likely to cause great bodily injury, acts involving explosive devices or devices that cause mass mayhem, acts or omissions that cause another person's death under the Military & Veteran's Code, train wrecking or derailing, and any conviction that carries life sentence.
• 7 years waiting period is for all remaining convictions.

Process of Applying for Certificate of Rehabilitation in California

The process of applying for the Certificate of Rehabilitation in California include the following filing a petition, obtaining a criminal record copy. proving evidence of rehabilitation, and attending the hearing.

• Filling the petition

According to California Penal Code Section 4852.06 person must fill the petition for Certificate of Rehabilitation in the Superior Court of his current county of residence. Person must notify the district attorney in his county of residence, as well as the district attorney of each county in which he was convicted of a felony. The notice must identify all crimes for which he is requesting rehabilitation.

• Obtaining a criminal record copy

The court will require detailed information about person's criminal history and the crimes for which he is seeking rehabilitation. Person can get a copy of his criminal record at the court where he was convicted or at the California Department of Corrections.

• Providing evidence of rehabilitation

Person will have to provide evidence for proving that he has made positive changes in his life. Evidence can include:

• Completion of alcohol and drug counseling
• Permanent employment or education
• Residency in California
• Completion of domestic violence counseling
• Voluntary participation in behavioral counseling
• Volunteering in local community
• Providing recommendations from community officials, employers , friends and family members

• Attending the hearing

If the Superior Court schedule a hearing to consider the petition it will notify the Governor's office and the district attorney involved in person's conviction. The judge will consider testimony and presented evidence. This also includes the opposing arguments offered by the state. Are you in need of legal assistance with receiving a Certificate of Rehabilitation in the state of California? Our lawyers in Los Angeles, California at KAASS Law can provide you with all the services that you need.

According to California Penal Code Section 69 resisting an executive officer is illegal. Furthermore, it is illegal to attempt, by means of any threat or violence, to prevent or deter an executive officer from performing his duty or intentionally resist, by the use of violence or force, such officer in performance of his duty.

Resisting Arrest under PC Section 148(a)

Though the crime is closely related to the crime of resisting arrest under PC Section 148(a), resisting an executive officer is considered a much more serious crime in California. Unlike resisting arrest PC 69, resisting an executive officer requires actual violence or a threat of violence.

Resisting an Executive Officer Covers Two Different Offenses

Resisting an Executive Officer covers two different offenses including

• Intentionally and willfully attempting to prevent or deter an executive officer from performing his duties and
• Resisting an executive officer in the performance of his duties by using violence or force.

Elements of the Crimes

Each of the two crimes has a separate set of elements that the prosecution must establish to convict the defendant. The elements of attempting to deter an executive officer are the following:

• Defendant unlawfully used violence or force for preventing or deterring an executive officer from performing his lawful duties
• Defendant had intention to prevent or deter the executive officer from performing his duties

The elements of resisting an executive officer in the performance of his duties by using violence or force are the following:

• Defendant used force to resist an officer
• The executive officer was performing his lawful duty at the time
• Defendant was aware that the executive officer was performing his duty

Violence or Force Under Penal Code Section 69

For purposes of PC Section 69, force does not need to cause an injury or harm to a person. Therefore, even touching in an offensive or rude manner will be enough to constitute violence. However, in order for violence to be a PC Section 69 violation, it must actually deter or prevent an officer from performing his lawful duty.

What is An Executive Officer?

An Executive Officer is any governmental official who is authorized to use his discretion to carry out a lawful duty.

Examples of Executive Officers

Examples of executive officers include:

• Law enforcement officers such as police officers sheriff's deputies
• Judges
• Elected officials
• District attorneys
• Public defenders

The lawful duties of an executive officer's are those ones that he is tasked with performing as a requirement of his profession.

Defenses for California Penal Code 69 Charges

Defenses for California Penal Code 69 charges include the following No intent For convicting defendant of this crime, the prosecutor must prove that he indented to resist or prevent the executive officer from performing his duties. Thus, it a valid defense if there is no evidence that shows defendant's intention when he acted in such manner. Unlawful conduct In case the defendant was attempting to prevent an executive officer's conduct that was unlawful, he can't be found guilty of the offense, as executive officer is not protected while performing unlawful or illegal conduct. Self-defense In case the executive officer was using illegal force against defendant, he was entitled to exercise his right to defend himself by using reasonable force.

Penalties for Violating California Penal Code Section 69

In California a crime of resisting an executive officer is a "wobbler" which can be charged as either a misdemeanor or a felony, depending on the case circumstances and defendant's criminal history.

Penalties for Misdemeanor Penal Code 69 Conviction

Penalties for misdemeanor Penal Code 69 conviction are the following:

• Up to one year in a county jail
• A fine up to maximum $10,000

Penalties for Felony Penal Code 69 Conviction

Penalties for Felony Penal Code 69 conviction are the following:

• 16 months, two or three years in a county jail
• A fine up to maximum $10,000

Criminal Defense Lawyer in Glendale, CA

Do you or a loved one require legal assistance in California? Get in touch with the experienced lawyers in Los Angeles, CA, at KAASS Law now.Our law firm takes pride in providing the best services we possibly can for all of our clients.

Under California Penal Code Section 118 (PC 118) perjury is an act of knowingly and willfully making false statements after taking an oath, telling the truth, or signing a document that knowingly contains false statements.

Elements of Perjury California PC 118

The prosecutor must establish the following element to convict the defendant of perjury.

• Defendant took an oath or otherwise made a statement to provide a truthful information
• Defendant willfully stated the information was true knowing that it was false
• The information was considered material for the issue
• Defendant knew that he was making a statement under penalty of perjury or under oath
• Defendant intended to make a false statement while under penalty of perjury or under oath

What Does It Mean to Be Under Oath?

Being under oath is any legal method of confirming the truth of a statement. The most obvious way to be charged with committing perjury is lying under oath during a court proceeding. In case the defendant testified in a civil or criminal or civil case and made a false statement he has committed perjury. A person can also face perjury charges for willfully making false statements while he:

• Made a sworn affidavit
• Provided information for official certificates
• Filled out a driver's license application
• Testified in civil depositions

Material information is the one that can influence or has a probability of affecting the outcome of the proceeding. There is no requirement that the information actually influence the proceedings

Suborning Perjury

Under California Penal Code Section 127 in addition to committing perjury a person can also be convicted for a "suborning perjury". Suborning perjury means that the defendant intentionally persuaded, invited or coerced another person to commit perjury either in writing or verbally.

Legal Defenses for Perjury PC 118

Legal defenses for California PC 118 perjury charges include the following:

• Mistake or misunderstanding

In case the defendant did not knowingly make a false statement and honestly but mistakenly believed that his statement was true, this can be a valid defense.

• Defendant made an attempt to correct a false statement

In case the defendant corrected a false statement in a timely manner, the attempt can show that he did not have the intent to provide false information.

• The defendant was not under oath

The defendant can't be found guilty in case he was not legally under oath when he made a false statement.

Penalties for a Perjury PC 118 Conviction in California

Violation of California PC Section 118 is a felony. The judge has the discretion to issue the penalty based on the seriousness of perjury, the defendant's criminal record, and whether another person was harmed as a result of the perjury. Possible penalties are the following:

• Felony probation
• Up to one year in a county jail or
• Two, three, or four years in California state prison.
• A fine of up to $10,000

In case the defendant is convicted of perjury that leads to the conviction and execution of another person, he will be sentenced for aggravated perjury, which is punishable by a death sentence or a life sentence without the possibility of parole. Perjury conviction will damage the defendant's credibility and can lead to other potentially long-term and serious and consequences. Are you someone who is in need of legal assistance due to being accused or charged with perjury? If so, you can get in touch with a criminal defense lawyer near you in order to receive the help that you need. In case you are located within the service area of KAASS Law, we may be able to assist you.

According to California Penal Code Section 485 (PC-485) it is unlawful to take lost property while knowing the identity of the owner or having ability to pursue information about who the property belongs to.

Elements of Penal Code 485 Appropriation Of Lost Property

Prosecutor must establish the following elements to prove that the defendant is guilty of unlawful appropriation of lost property under PC Section 485.

• Defendant found lost property under circumstances where he had knowledge of the identity of the owner or had the ability to pursue information about who the property belonged to.
• Defendant took possession of the lost property for his own use or for the use of another one who was not the rightful owner.
• Defendant dis so with intention to permanently deprive the owner of a major portion of the value or the enjoyment of the property
• Defendant did not make a reasonable attempt to find the rightful owner and to return the lost property

Actual and Constructive Possession

There are two ways of the lost property possession: actual possession and constructive possession. Person has an actual possession when he physically possesses the property. Constructive possession means that a person doesn't physically posses the property but he holds control and ownership of it.

Legal and Illegal Possession

When a person loses his property it does not mean he relinquishes control or ownership over, unless he intended to abandon it. A person retains his constructive possession of the property while another one gets actual possession of that property. The actual possession can be legal or illegal. The actual possession of property is legal when a person who takes it makes reasonable efforts to find the rightful owner. The possession is considered unlawful in case the person keeps the property without undertaking any actions to return it.

Legal Defenses to PC 485

Legal Defenses to PC 485 charges

• Lack of knowledge

Knowledge means that defendant actually knew who was the rightful owner of the property, had an ability to find him through an investigation and made a reasonable attempt. A "reasonable attempt" is a question of fact which depends on the specific circumstances of the case and is determined by the jury. Thus for convicting a person in appropriation of lost property under California PC Section 485 prosecution must prove that the defendant had knowledge about the owner or had means of inquiry to find him.

• Defendant had no intention to permanently deprive the owner of the property

Defendant is not guilty of this offence in case he used the property for a time before returning it to the legal owner. Defendant must have intent to permanently deprive the owner of its value or enjoyment of the property. But in case he returned it or undertook some efforts to find the rightful owner, he is not guilty under PC Section 485. However the defendant can be civilly liable for depriving the owner of its value or enjoyment of the property or damaging it. Penalties for Violating California Penal Code 485 Appropriation of lost property can be filed as an infraction, a misdemeanor or a felony. Charges depend on lost property value. In case the value is more than $950, the offense qualifies as a grand theft, which is a wobbler and can be prosecuted as either a felony of misdemeanor, depending on the defendant's criminal history and the case circumstances.

Penalties for Misdemeanor Penal Code 485 Conviction

Penalties for misdemeanor Penal Code 485 conviction include the following:

• Up to one year in a county jail
• A fine up to $1,000

Penalties for Felony Penal Code 485 Conviction

Penalties for felony Penal Code 485 conviction include the following:

• Up to three years in California state prison
• A fine of up to $10,000.

If the total value of the lost property is $950 or less, the offense is classified as petty theft which is prosecuted as a misdemeanor with the following penalties:

• Up to six months in a county jail
• A fine of up to $1,000.

Infraction Penal Code 485 Appropriation of Lost Property

If the defendant has no criminal history and the case circumstances are not that serious he can be charged with an infraction, with no jail time and the fine of up to $250 fine. Are you in need of an experienced lawyer in Los Angeles who can help your court case obtain positive results? Our attorneys at KAASS Law can provide you with the services you require. We specialize in multiple practice areas of law. Get in touch with an attorney near you to go over the details of your specific situation.

Appropriation of Lost Property Video

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According to California Penal Code Section 290 a person convicted of sex crimes and some certain other crimes is required to register as a sex offender with local authorities. Failure to register as a sex offender is considered a separate criminal offense which results in additional prison sentences.

Elements of Penal Code 290 Failure to Register as a Sex Offender

The prosecutor must establish the following elements to prove that the defendant failed to register as a sex offender

• Defendant has a previous conviction of one of the sex crimes listed in California PC Section 290
• Defendant resides in California
• Defendant actually knew that he was obliged to register as a sex offender
• Defendant deliberately failed to register as a sex offender or update his registration.

Requirement to Register as a Sex Offender

Under Penal Code 290 PC the person declared a sex offender must register his identifying information with local law enforcement as long as he lives, works or attends school in the state of California. The registration must be register within the five days of his birthday and any time the person moves to a new residence.

Convictions That Require a Person to Register as a Sex Offender

Some of the most common sex crimes that lead to the lifelong requirement to register as a sex offender are the following:

• PC Section 261: Rape
• PC Section 243.4: Sexual battery
• PC Section 267 Abduction of a Minor for Prostitution
• PC Section 288 Sex or Sexual Act with a Child under Age 14
• PC Section 285 Incest
• PC Section 286 Sodomy with a Minor
• PC Section 1 Possession of Child Pornography or Representations of Simulated Sex Acts with a Minor
• PC Section 314. Indecent Exposure

Penalties for Violating Penal Code 290(b)

The penalties for violating California PC Section 290(b) depend on the underlying offense which led the defendant to register as a sex offender. The defendant will face misdemeanor conviction in case he was required to register based on a conviction for a misdemeanor sex offense and had no prior convictions for failure to register as a sex offender. The defendant will face felony conviction in case his prior sex offense conviction was a felony or he has one or more prior convictions for this offense.

Penalties for Misdemeanor Penal Code 290 (b) Conviction

Potential penalties for misdemeanor Penal Code 290 (b) conviction include

• Up to one year in a county jail
• A fine of up to $1,000
• Misdemeanor probation

Penalties for Felony Penal Code 290(b) Conviction

Potential penalties for felony penal code 290(b) conviction include the following

• Sixteen months, two or three years in California state prison
• A fine of up to $10,000
• Felony probation

Sex Offender Registration Act

Moreover, each time a person failures to register under The Sex Offender Registration Act it is treated as a continuing violation and can result in additional time in state prison. Failure to register, in case the underlying crime is a felony, is considered a Strike and if a defendant has a prior Strike, the potential sentence is thirty two months to six years in California state prison. In case the defendant has already two Strikes and fails to register he will get the third Strike with the potential sentence from 25 years to life in California state prison. Our attorneys at KAASS Law can provide you with any type of legal services you need.

In California all drivers of TNCs (transportation network companies), such as Uber, are required to have a rideshare insurance at all times when the app is on. When the app is switched on, the Uber driver's time is divided into three periods. Uber then decides when its insurance is applicable based on the period the accident happened. Uber's insurance coverages work different ways depending on which "period" the coverage falls under as it may impact your Uber accident claim. The rideshare app is off: The driver's personal insurance is active, which must meet California's minimum auto insurance requirements.

• $15,000 of bodily injury coverage per person injured in an accident
• $30,000 of bodily injury coverage per accident
• $5,000 of property damage coverage per accident.

First Period – Uber App is Switch on While the Driver Waits for Ride Request

California law has the following minimum auto insurance requirements while rideshare app is on but the driver hasn't been paired with a passenger.

• $50,000 of bodily injury liability coverage for a person hurt in an accident
• $100,000 of bodily injury liability coverage per one accident
• $30,000 of property damage liability coverage per one accident

Uber's rideshare policy isn't applicable for accidents that take place before a driver accepts a passenger, since Uber considers drivers contractors rather than employees. Consequently, they are not responsible for what happens while the driver isn't on duty.

Second Period: Driver is On the Way to Pick up the Passenger

Once there is a ride request from a passenger and the driver accepts it, this puts the driver in "on duty" status and Uber's insurance coverage starts. But in case the driver gets in an accident before he picked up the passenger, it follows that the passenger would have to cancel the ride. This adds a layer of difficulty when claiming the insurance coverage.

Third Period: Uber Passenger is in The Vehicle

The third period is the easiest one to claim insurance coverage from Uber. The passenger is in the Uber car, the driver is "on duty" and the Company must cover whatever happens during this period. Consequently once the driver has been paired with a passenger and after the passenger has entered the Uber car, the company is required to carry a $1 million liability insurance policy. Uber provides its drivers with $1 million of uninsured and underinsured motorist bodily injury coverage. It also provides comprehensive and collision coverage with a $1,000 deductible as long as the driver has collision coverage on his personal auto insurance policy. California law requires the driver to be covered by an auto insurance policy at all times. But since the TNC can help meet that requirement, not all rideshare drivers in California need to purchase rideshare insurance for driving legally. But, the driver may want to purchase an individual rideshare policy which will let to maintain some coverage, such as comprehensive, collision and medical payments, during the First period. Otherwise, the driver would have to pay the costs himself if he is injured or the vehicle is damaged in that period.

An Attorney Can Provide Legal Assistance For Your Uber Insurance Coverage

It is in your best interest to consult with a Los Angeles Uber accident lawyer about your claim before speaking with Uber or an insurance adjuster. This way you will have more leverage in settlement negotiations with Uber and Uber's insurance adjusters to get the compensation you deserve rather than getting lowball settlement offers. If you or a loved one have been injured in an Uber or Lyft accident we invite you to get in touch with our office. We are available 24 hours a day, 7 days a week.

Uber Auto Insurance Coverage Video

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Unreasonable force refers to situations when government officials legally entitled to use force exceed the necessary minimum amount to diffuse an incident or to defend others or themselves from harm.

Elements of Unreasonable Force

According to CACI 440 the plaintiff must be able to prove the following elements to establish this claim:

• Defendant used force in arresting or detaining the plaintiff
• The amount of force used by the defendant was unreasonable
• Plaintiff was harmed
• Defendant's use of unreasonable force was a substantial factor in causing harm to the plaintiff

Governmental Immunity Granted to the Police Officer

Under the legal doctrine of governmental immunity, a police officer's actions are protected from liability while being on the job. This is a rule that the police officer generally can't be sued for reasonable actions taken while performing his official duties. So, the right to make an investigatory stop or arrest necessarily carries with it the right to use some degree of physical force, but the degree of the force must be proportional to the threat and be applicable only in response to the threat.

Qualified Immunity

Courts can also grant police officers qualified immunity along with deferring to a law enforcement reasonableness standard. This aims to protect public officials from civil liability for violations of rights as long as they were reasonably performing their duties and the rights weren't clearly established. In unreasonable force cases, qualified immunity can protect police officers in more unclear situations where there's a border between necessary and unreasonable force. Though, to benefit from this immunity, a public official must be able to show that a reasonable person in his position wouldn't have known that his conduct violated clearly established law.

Examples of Unreasonable Force

Here are some examples of excessive force and police abuse.

• Beatings
• Improper shootings
• Unreasonable use of weapon
• Police dogs
• Intimidation
• Sexual assault
• Fabricating evidence
• False arrest
• Perjury

What Can a Victim Do?

A victim might be able to take his case to the court if he was victimized by law enforcement. Generally, there can be three main causes of action:

• Constitutional claims
• State criminal claims
• Civil tort claims

What Remedies Are Available?

Under Section 1983 of the United States Code, an unreasonable force is a constitutional violation that can be remedied by filing a civil rights complaint for injunctive or monetary relief. A plaintiff can also file a complaint with the U.S. Department of Justice, which can decide to investigate his case. When deciding the issue of whether the government official engaged in excessive force or not, courts consider particular circumstances to determine if the actions were objectively reasonable.

Among the Circumstances to Be Considered Are the Following:

• Whether the plaintiff reasonably appeared to pose an immediate threat to the safety of the defendant or others
• The seriousness of the underlying crime at issue or circumstances
• Whether the plaintiff was actively resisting arrest or attempting to avoid the arrest by flight
• Whether other alternatives were available
• Defendant's tactical conduct and decisions before using force on the plaintiff

Have you been involved in an arrest where you've experienced unreasonable force by a law enforcement officer? Experienced attorneys at KAASS Law are here to help protect your rights. Get in touch with us to go over the details of your case at any time!