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California VC 22517: Crashing Due to an Opened Car Door
California Vehicle Code section 22517 states: "No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic."What Types of Accidents Can Result From Opening a Car Door Without Taking Proper Caution?
When a parked car on the side of the road opens its door haphazardly, there are 2 types of accidents that typically occur as a result. It will either be the case that:- The driver on the road collides with the opened door OR
- The driver swerves to avoid the opened door and crashes into another car.
Who Is Liable for the Damages When Someone Crashes Due to an Opened Car Door?
CVC section 22517 clearly states that the person who opens the door without taking proper caution is liable for the damages caused by it. However, it is common practice for insurance companies to give partial liability to both parties, especially car door opening accidents. For example, an insurance company would likely declare partial liability if the person who opened their door could prove that they did so while the other driver was a significant distance away. Just because the law supports the position of the party that crashed due to an open door, it does not mean that drivers shouldn't take caution when driving alongside parked cars. While the law assesses fault to someone who opens their door haphazardly, the person who does so will almost certainly argue that they did so safely, leaving enough time for other drivers to take precautions.What Should I Do If I Am Involved in a Vehicle Accident Involving a Car Door?
First, you should find a safe place to pull over, or if it is unsafe, then leave the scene and find a safe place to exchange information with the other driver. It is required by law that all drivers exchange license and insurance information when they are involved in an accident. If any of the involved parties try to leave without doing so (hit and run), you should try to take a picture or make a note of their license plate, so liability and damages can be fairly assessed. While not required by law, it is always a good idea to call the police to the scene unless the accident is extremely minor. This will help create a more accurate narrative of what happened in the accident. You should also take pictures of the vehicles involved, so the property damage can be properly assessed. While you could open up a claim with your insurance provider yourself, it is recommended that you seek attorney representation and let them handle the process for you. Insurance companies will often ask you several questions in order to get your unprepared answers and use them to minimize the amount they need to pay you in the future. It is paramount that you seek high-quality legal representation in order to protect yourself from being taken advantage of.Glendale Auto Accident Attorney
If you or a loved one has been involved in an auto accident we invite you to contact our auto accident attorneys at KAASS Law at {meta.phoneFormatted} for a consultation or fill out the contact form below. Your Name (required) Your Phone Number (required) Preferred Time to Contact You Back Your Email Subject Your Message By checking this button I consent to the terms and conditions of KAASS Law. - Read More
Effect of Death of Married Person on Community Property
In today's mobile world, people might live and work in many countries during their careers. Initially, the citizen will reside in one state and acquire property there as a single person, then move to another state, marry and acquire property there, and then transfer with his or her family to one or more other states and acquire property in each of those states.California Probate Code Section 100
According to California Probate Code Section 100: "Upon the death of a person who is married or in a registered domestic partnership, one-half of the community property belongs to the surviving spouse and the other one-half belongs to the decedent". [1] Division 2 of the abovementioned Section tells that spouses either agree in writing to divide their Community property on the basis of a non-pro-rated division of the aggregate value of the Community property, or on the basis of a division of each individual item or asset of the Community property, or in part on either basis. Nothing in the subdivision may be construed to include this written agreement in order to authorize or recognize a non-pro rata division of Community property.California Probate Code Section 103
If spouses die leaving community or quasi-community property and cannot be proven by clear and compelling proof that one spouse survived the other: [2]- One-half of the common property and one-half of the quasi-community property shall be managed or allocated, or otherwise disposed of, as if one spouse had survived and as if that one-half of the property belonged to that spouse.
- The other one-half of the common property and the other one-half of the quasi-community property shall be managed or divided or otherwise disposed of as if the other spouse had survived and as if that one-half of the property belonged to that spouse.
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What is Public Disclosure of Private Facts in California?
The right to privacy has two key aspects:
- The general law of privacy, which affords a tort action for damages resulting from an illegal invasion of privacy
- The constitutional right of privacy, which protects personal privacy against illegal governmental invasion.
Invasion of privacy is tort-based allowing a victim to bring a lawsuit against a person who illegally intrudes into his private life, publicizes him in a false light, discloses his private information, or appropriates his name for personal gain.
In California, Public Disclosure of Private Facts is a Form of Invasion of Privacy.
Elements of Public Disclosure of Private Facts: CACI 1801
According to CACI 1801 to prove the claim of violation of a right of privacy the plaintiff must be able to establish the following elements:
- Defendant publicized private information concerning the plaintiff
- A reasonable person in the position of the plaintiff would consider the publicity highly offensive
- Defendant knew or acted with reckless disregard of the fact, that a reasonable person in the position of the plaintiff would consider the publicity highly offensive
- Private information wasn't of legitimate public concern
- Plaintiff was harmed
- Defendant's conduct was a substantial factor in causing harm to the plaintiff
To recover on a claim for invasion of privacy based on public disclosure of private facts, the plaintiff needs to show that the disclosed information was private and not of legitimate concern to the public, and that disclosure would be highly offensive to any reasonable person. The plaintiff must show that the disclosure of facts was actually public in nature. The defendant can't be liable when he merely gives further publicity to information about a plaintiff that is already public.
Examples of Public Disclosure Include Publications In:
- Books
- Newspapers
- Magazines
- Motion pictures
- Radio or television broadcasts
Newsworthy Private Facts
A private fact can be considered newsworthy if some reasonable members of the community could entertain a legitimate interest in it. Generally, courts recognize that the public has a legitimate interest in almost all current events, even if it contains private information about participants, as well as a legitimate interest in the private lives of notorious or prominent figures, such as professional athletes, actors, actresses, public officers, noted inventors.
In deciding whether the information was a matter of legitimate public concern the following factors must be concerned:
- The social value of the information
- The extent of the intrusion into the plaintiff's privacy
- Whether the plaintiff consented to the publicity explicitly or by voluntarily seeking public attention or a public office
Legal Defenses to a Public Disclosure of Private Facts Claim
- Plaintiff couldn't manage to prove all the above-mentioned elements of the claim
- The disclosed facts were true gathered from public records
- The defendant had the prior consent of the victim to disclose the information
Damages a Victim Can Recover
The compensatory damages a victim can recover depend on the specific facts of a case. Here are some common examples of damages:
- Loss of reputation
- Damage to the trade or occupation
- Loss of business income as a result of the disclosure
Are you in need of additional information regarding a specific situation that you or a loved one are involved in? KAASS Law attorneys you should be able to provide you with legal assistance regarding the matter.
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What to do when a Seller Fails to Disclose a Home Defect?
What does California law require a seller of a home to disclose?
California law requires any seller of a property to give potential buyers an accurate depiction of its condition, as well as disclose all known defects. Any agent or entity that sells a property and knowingly hides a defect to a buyer could find themself in legal trouble.
No matter the defect in question, it is required that the seller knew about it or should have reasonably known about it in order for them to have to disclose it. This creates a legal grey area where sellers can avoid any fault for not disclosing damages for defects that are not always immediately apparent. For example, if the house has racoons, a buyer would argue that the seller should have known about the major issue, while a seller may argue that the defect in question never caused any issues until after the sale, therefore it is unreasonable for them to know about it.
What defects must be disclosed?
Given the broadness of the law, there are countless possible defects that would have to be disclosed in a real estate transaction. They are outlined in both state and federal law. Some common defects must absolutely be disclosed are:
- Any structural issues
- Water and plumbing defects
- Pests, such as termites
- The presence of mold or dangerous substances
Check your state's laws to see if your state requires the disclosure of other specific defects. For example, California requires sellers to disclose whether a home is in a flood zone, and is also one of many states that requires realtors to disclose "stigmatized defects," such as a death that occurred in the home (even if it didn't affect the property's condition).
What can I do if a seller didn't disclose a home defect to me?
If the seller of a property fails to disclose a defect to you, then you are eligible to receive compensation that is necessary to repair the defect, or in some cases, you may even be able to revoke the transaction entirely.
It may be possible that a defect led to further damages to either their property or the person buying the house. For example, say a seller decides not to disclose an issue with the garage door opening and closing. When the new homeowner drives into the garage, it slams closed on the occupied vehicle, damaging the car and injuring the driver. The home buyer would theoretically be able to recover damages to the garage door defect, the damage to their car, and the damage to themself.
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Security Deposit Regulations for California Tenants
What Is a Security Deposit?
It is common practice for a landlord to charge a "security deposit" before renting out a property to a tenant.
This is paid by a tenant before moving in and can be used by the landlord to cover repairs to the property or to make up for unpaid rent. The remaining balance must then be returned to the tenant once they stop living at the property. Terms such as "cleaning fee," "animal deposit," or "key deposit," would all be considered a type of security deposit.
Is There a Limit to How High a Security Deposit Can Be in California?
Yes, California does place a limit on how high a security deposit can be, and this depends on if the property is furnished or not. Landlords can charge up to the amount equal to 2 months of rent for an unfurnished property, and for 3 months of rent for furnished ones.
What Rights Do Tenants Have in Regards to Security Deposits?
First, it is required that all California security deposits be refundable. Under no circumstance can a landlord require you to pay a nonrefundable security deposit upfront in addition to rent.
Next, once it is time to refund the security deposit, the landlord must do so within 21 days of the tenant moving out. When the remaining amount is returned, the landlord must include an itemized list that describes all of the deductions to the security deposit.
What Rights Do Landlords Have in Regards to Security Deposits?
Civil Code section 1950.5 (b) covers the 4 reasons that California landlords may deduct money from a security deposit. They include:
- Paying for unpaid rent
- Fixing damages beyond ordinary "wear and tear," caused to the property by the tenant/their guests.
- Paying cleaning fees that restore the property to its level of cleanliness before the tenant moved in. (i.e. "move-in ready")
- Covering future costs for repairs of damages caused by the tenant. (This must be explicitly mentioned in the contract)
What Are the Common Ways That Parties Start Disputes Regarding Security Deposits?
As mentioned earlier, there are many different terms that refer to fees that are classified as security deposits in California (cleaning fee, animal deposit).
No matter what the landlord calls the upfront payment, it is subject to the same regulations and limits as security deposits. This means that if a landlord already collected a security deposit in the amount equal to 2 months of rent for an unfurnished dwelling, he could not charge any more in different types of fees because it would put him over the limit. The point is that upfront fees cannot combine to exceed the California limit even if they are seemingly not a part of the security deposit.
Many disputes arise from tenants claiming that their landlord is making illegal deductions to their security deposit. Some examples of this could include:
- A landlord deducts half of a tenant's security deposit because they want to fix a leak in the roof. In no way was the leak caused by the tenant, and the dwelling has a history of getting leaks in the roof.
- A landlord charges a $3,000 cleaning fee to a tenant so they can buy brand new kitchen countertops for the property.
- A landlord takes a month of rent out of the security deposit because the tenant was made paid their rent 3 days late in the month of August
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What Are the Disclosure Requirements When Selling Your Home?
Residential property sellers in California must give disclosures under Section 1102 of the California Civil Code. In writing, they describe the property they've listed for sale. Nearly every residential property in California is subject to these mandatory disclosures. Included are standalone residences, high-rise apartment units, and manufactured or mobile homes, among others.Why is Disclosing Important?
The reason why these disclosures are so important is because potential buyers need to know as much as possible about the property in order to evaluate whether they really want to buy it and if so. This involves determining what a reasonable purchasing price is and whether or not the house need any repairs or upgrades. The disclosure obligations also remind California home sellers that they have a legal responsibility to be open about a property's condition and can be sued for hiding problems or defects.When Must Sellers Provide Disclosure Information?
In California, a seller needs to provide these disclosures to a prospective buyer as soon as possible before transfer of title. Although this language is a bit vague, the intent is to get the disclosure to the buyer in a timely fashion. Thus, as a practical matter, this usually happens early in the purchase process. Some sellers, for example, will prepare all disclosures, inspections, and other paperwork before marketing their home. So that serious proposals can be received, everything is in place. A copy of the disclosures may be made by other sellers. If the disclosures reveal any unexpected information regarding the property, the buyer has the opportunity to back out or renegotiate. If a seller fails to make required disclosures to prospective purchasers before the two of them sign the purchase agreement. The buyer can then choose to end the contract. As a result, it's critical for a seller to give these disclosures as quickly as possible to serious potential buyers. So that the chances of a buyer canceling an offer later owing to information in the disclosure are reduced.How to Fill Out the Standard California Disclosure Forms?
In California, seller disclosure requirements are strict and thorough. California provides a standard format, as referred to in Civil Code Section 1102, which sellers must use when making these disclosures. The resulting form, called the "Transfer Disclosure Statement," can be obtained from your California real estate agent. The Transfer Disclosure Statement form covers a broad range of topics, from structural information about the home, such as a leaky roof to whether any deaths occurred on the property in the last three (3) years. In addition, the seller must provide details on all of the home's appliances. Included are those that are for sale, as well as whether or not they are functional. The seller will also need to disclose any room additions, damage, or neighborhood noise problems. Finally, the vendor must attest that they have followed all applicable California laws. For example, smoke detectors are mandatory, and the water heater must drop or slide horizontally in the event of an earthquake.What If the Seller is Unsure Whether They Need to Disclose a Defect?
As a general rule, the more the seller discloses, the better it is for both the seller and buyer. Remember, just because the seller discloses an issue does not mean they must repair or correct it. The buyer also has the option to correct a problem or to overlook it, if the issue is a minor one. In fact, revealing more information than the seller must to can aid the transaction. The buyer's real estate agent will be happy to find that the seller has submitted a fully completed Transfer Disclose Statement form, as will the buyer. It shows that the seller is thorough and are taking the home sale seriously.Glendale Personal Injury Lawyer
Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at {meta.phoneFormatted}. - Read More
Street Racing Laws in California
What Are the Street Racing Laws in California?
Street racing of any kind is forbidden on California public roadways. Offenses include street racing, drag racing and speed contests. Violation of these rules allows for the offenses to be punished under Vehicle Code 23109, Vehicle Code 23103 and Penal Code 187.What Are Speed Contests?
California Vehicle Code 23109: Speed Contest- Willful participation in a contest of speed.
- Street Racing
- Drag Racing
- Exhibition of Speed (refer to Exhibition of Speed blog post /exhibition-of-speed-in-california/)
What Are the Penalties for Street Racing?
Violation of California Vehicle Code 23109 will result in a misdemeanor charge. This will then lead to a jail time of 24 hours to 90 days; then fines ranging between $350 and $1000. The penalties will increase as the number of repeated convictions increases. If a violation of VC 23109 results in serious bodily injury, it may be charged as a felony. A prosecutor must prove that the accused motorist was operating a motor vehicle on a public roadway while willfully engaging in a contest of speed.What Is the California Reckless Driving Law?
California Vehicle Code 23103: Reckless Driving Law- Driving with a willful disregard for the wellbeing of people or property.
- Driving at a high rate of speed through a school zone
- Burnouts
- Doughnuts
- Drag Racing
What Are the Penalties for Reckless Driving?
Punishments for violating VC 23103 include a 5 to 90 day stay in the county jail and a fine between $145 and $1000. Like VC 23109, if bodily injury is involved due to the violation, it may result in more serious consequences. Repeated offenses also result in more severe punishments. The details of the case may lead to a street racing charge as reckless driving. The prosecutor must be able to show that the operator of the motor vehicle was driving with a "wanton disregard" for the wellbeing of people or property. This means that the operator of the vehicle was in full awareness of the risk of harm, and then proceeded to disregard that risk.What is Watson Murder?
Death as a Result of Street Racing: PC 187, Watson Murder
A death during a street racing incident is referred to People v. Watson, or in other words a "Watson Murder" case. Penal Code 187, Watson Murder, is a second degree murder charge. This usually is the result of a DUI. On the other hand, it can be applied to street racing if:- The accused was racing.
- The accused has a previous DUI conviction .
- The accused was under the influence while operating the vehicle.
- The accused killed someone while operating the vehicle.
What Are the Penalties for Watson Murder?
Watson Murder can result in a 15 years to life in a California state prison, fines up to $10,000 and a strike under California's "Three Strikes Laws." A repeated "strike" offense may result in a doubled prison sentence.California Impounding Vehicle Laws
When a person is arrested for any of the above offenses, the arresting officer has the authority to call in a tow truck to send the car to impound for a period of up to 30 days. The circumstances to receive the vehicle before the end of the 30 period period are as follows:- Impounded vehicle was a stolen vehicle.
- The owner of the vehicle did not give permission to the person charged to use it.
- The owner of the vehicle was not present during the alleged offense, and that they were oblivious to the intentions of the person operating their vehicle.
- The vehicle was a rental.
- The prosecutor changes the charges to less severe ones than VC 23109, 23103 or PC 187.
What Are the Possible Defenses for a Street Racing Violation?
Attorneys can defend against these charges by being able to prove that the defendant's actions were not willful, there is not enough evidence to support that the defendant was contesting speed, the defendant was not driving the vehicle or the attorney can prove a necessity defense. A necessity defense means you are "guilty with an explanation." For example, rushing to the hospital. Glendale Reckless Driving/Street Racing Attorney If you or a loved one is charged with reckless driving or street racing we invite you to contact our Glendale criminal defense attorney at KAASS Law at {meta.phoneFormatted} for a consultation and case review. Our staff speaks Spanish, Armenian, Russian, and French. - Willful participation in a contest of speed.
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Jail Time For DUI in California
The most terrifying of all the California DUI consequences is probably going to jail. Depending on the circumstances, whether it is your first or fourth DUI conviction, you might spend time in jail. Additionally, state jail term is part of several DUI penalties. You must be aware of your particular sentence and understand how to reduce or prevent it.
Can DUI result in imprisonment?
Under the Vehicle Code of California, it is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. Driving under the influence (DUI) is an offense punishable under California law.
Like any offense, DUI also has its manifestations. It may be committed under a variety of circumstances, which can both aggravate and mitigate the gravity of the offense. The content of such circumstances compose of the following factors:
- The reasons for the offense;
- The degree of intoxication;
- The multiplicity of the offense;
- The possible or real consequences of the offense;
- The time and place of the offense;
- Other relevant factors.
When "aggravating circumstances" surround your DUI, your punishment will be enhanced. In addition to the standard DUI sanctions, the enhancement includes additional punishments. The following sentence enhancements are most prevalent in California:
- While under the influence, the driver committed a traffic violation;
- An injury is caused third-party;
- There is a causal link between the DUI and an injury;
- The driver has one or multiple prior DUI convictions.
- Your blood alcohol content was extremely high, at 0.15% or higher.
- You declined to submit to a urine, breath, or blood test.
Jail time
Obviously, if a felony is attributed to the person, he/she will face a stricter penalty as compared with the other ones in the range of penalties envisaged for the particular offense. In this regard, DUI is not an exemption, and it has such harsh penalties as imprisonment in the county jail for a certain period.
Almost all DUI offenses may entail a jail sentence in California. Jail time varies upon the nature, frequency, and gravity of the offense. Jail time has its lower and upper limits. According to the Vehicle Code and court practice of California, based on the frequency of the offense jail time for DUIs constitutes as follows:
Frequency Minimum Jail Time Maximum Jail Time 1st DUI 48 hours 6 months 2nd DUI (within 10 years) 10 days Up to 1 year 3rd DUI (within 10 years) 120 days Up to 1 year 4th (or more) DUI (within 10 years) 180 days Up to 3 yearsThe court can credit the convicted with the time he/she served after an arrest. For example, if a driver spent 2 days in jail after a DUI arrest, and further he/she is sentenced to 22 days. His final jail time will be 20 days.
Some circumstances can increase the likelihood of applying jail time by the judge while considering the type of penalty. Such circumstances are known as "aggravating circumstances." These include:
- Involvement in an accident;
- High concentrations of alcohol;
- Presence of children in the vehicle;
- Reckless driving;
- Driving at a high speed;
- Using a fake ID;
- Resisting arrest.
Alternatives to jail time
Due to the overcrowding in California prisons, the courts are more prone to apply other measures of liability as an alternative to jail time. Also, it may happen in cases when the offense is nonviolent or the defendant is a first offender. Possible alternatives for jail time are:
- Probation period (set of certain oblations and restrictions of certain rights, including DUI school; no drug or alcohol use; community service, IID installation on all vehicles, etc.);
- House arrest;
- Work furlough (allowing to continue to work but to go home immediately after the working hours);
- inpatient drug/alcohol rehabilitation;
- Other
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Governor's Pardon In California
A person who has been convicted of a felony in California has a chance to apply for Governor's pardon. A Governor's pardon is an honor that can be granted to an individual who can show excellent behavior and a law-abiding life following his conviction.Who Can Apply for a Governor's Pardon?
Generally, any person with a California state conviction is eligible to apply to the Governor for a pardon, a form of executive clemency–whenever an executive shows mercy in any form including pardon, reduction, stay. The Governor cannot pardon convictions from other states or federal and military convictions. People convicted in other states shall obtain a pardon in that state and people convicted in federal and military crimes can only be pardoned by the US president.What are the Benefits of a Governors Pardon?
If a person is granted a pardon the following rights will be restored:- Right to own and possess firearms under 2nd Amendment (unless person had felony conviction involving the use of a dangerous weapon).
- Right to serve on California criminal or civil jury
- Ability to serve as a state parole officer or county probation officer
- Right to apply for a state professional licensing without being automatically disqualified
- Relief from a duty to register as a sex offender
What are the Limitations of a Governor's Pardon?
A Governor's pardon does not restore the following rights and limitations:- A person cannot serve as a peace officer
- Record of conviction is not sealed or erased and a person must disclose his conviction when applying for public employment and citizenship
- In case a person is convicted of an offense after the pardon was granted, his prior conviction can be used against him to enhance the sentence and impeach his credibility
- A pardon doesn't protect a person from deportation in case he is not a U.S. citizen and has immigration issues
- A right to own or possess firearms will not be restored in case the conviction was connected with domestic violence or involved the use of a dangerous weapon
How to Obtain a Governor's Pardon in California?
- Obtain a Certificate of Rehabilitation (COR) from the Superior Court, see Los Angeles Superior Court Instruction Packet.
- Certificate of Rehabilitation is a court order that attests to a person's rehabilitation.
- How Does Someone Become Eligible for Receiving a COR in California? Eligibility for receiving a certificate of rehabilitation ("COR") 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.
- Use a direct pardon application
Direct Pardon Application
Direct pardon application is available to individuals who are ineligible for a COR. A person must use the direct pardon process in case he was convicted of a crime in California and now reside outside the state.- How to Obtain a Direct Pardon Application in California? A person can find the application by accessing the Governor's website at https://www.gov.ca.gov/ or can request it in writing from the following address:: Governor's Office of State Capitol, Attention: Legal Affairs, Sacramento, CA 95814
Where Do You Send an Application for Executive Clemency?
A person must first complete the Application for Executive Clemency. After that, he must send the Notice of Intent to Apply for Executive Clemency to the District Attorney in each county where he was convicted. Once notice is given, a person must submit the Application for Executive Clemency to the Office of Governor.Application for Executive Clemency Review Process
Once the Governor's Office receives a direct pardon application or a Certificate of Rehabilitation, the Office usually forwards it to the Board of Parole Hearings. The Board can conduct an investigation, contact the investigating law enforcement agency or the District Attorney and make a proposal on whether a pardon should be granted or not. In case the person has been convicted of more than one felony, the California Supreme Court must give its recommendation on granting a pardon to him before the Governor can do so. Also see Criminal Law Also see Court Forms - Read More
Possessing Destructive or Explosive Devices in California
California Penal Code Section 18710 prohibits the illegal possession of destructive devices other than fixed ammunition of a caliber greater than 0.60 inches.What Must the Prosecution Prove In Order to Be Found Guilty of Penal Code 18710 Possessing Destructive or Explosive Devices?
The prosecutor must establish the following elements to prove that the defendant is guilty under California PC Section 18710 possessing destructive or explosive devices.- Defendant possessed a destructive device
- Defendant was aware that he was possessing a destructive device
- Defendant was aware that what he possessed was a destructive device.
What is Considered a Destructive Device in California?
In California a destructive device is defined as the following:- Any projectile which contains an incendiary or explosive material or any other chemical substance including tracer or incendiary ammunition, other than tracer ammunition designed for use in shotguns
- Any explosive missile, grenade, bomb, or similar device or any launching device
- Any rocket, rocket-propelled projectile or similar device with a diameter greater than 0.60 inch
- Any breakable container which contains a flammable liquid with a flashpoint of 150 degrees Fahrenheit or less with a wick or similar device capable of being ignited
- Any weapon greater than 0.60 caliber which fires fixed ammunition, or any other ammunition for such a weapon
- Any sealed device which contains dry ice or other chemically reactive material assembled for causing an explosion.
Possession of a Destructive Device
According to California law possession of destructive devices can be actual and constructive. Actual possession is when the defendant has the dives in his physical possession. Constructive possession occurs when a defendant has control over the device but doesn't have actual possession over it. Consequently, a defendant doesn't have to actually touch or hold the device for it to qualify as a possession.What are the Penalties for A California PC Section 18710 Conviction?
Penalties for a PC section 1817 conviction is a wobbler and can be punished as either a misdemeanor or a felony, depending on the defendant's criminal history and the case facts.What are the Penalties for A Misdemeanor Penal Code 18710 Conviction?
Penalties for misdemeanor penal code 18710 conviction include the following:- Up to one year in s county jail
- A fine of up to $1,000
What are the Penalties for A Felony Penal Code 18710 Conviction?
Penalties for felony penal code 18710 conviction include the following:- Sixteen months, two or three years in California state prison
- A fine of up to $10,000
Penalty Enhancement Under PC 18715
Under PC 18715 reckless or malicious possession of a destructive device in the following locations can increase the sentence:- A public street or highway
- In or near a school, college, hotel, theater, hall, church, or any other public building
- In or near a private residence
- In, on, or near a railway passenger train, aircraft, cable road, car, cable car, or vessel that carries transports passengers;
- In any public place passed by human beings.
What are the Penalties for a PC 18740 Conviction?
In case the prosecutor establishes that defendant had the intention to intimidate, injure, or terrify a person, or to wrongfully destroy or injure or property under PC 18740 the penalties include three, five, or seven years in state prison.What are the Penalties for a PC 18750 Conviction?
In case the defendant had malicious intent to injure another person with the device under under PC 18755 the penalties include five, seven, or nine years imprisonment in state prison.What are the Penalties for a PC 18755 Conviction?
In case the defendant caused death to another person under PC 18755, the penalties include a life sentence without the possibility of parole.For more information about possessing destructive or explosive devices, and to schedule your consultation and case review contact KAASS Law at {meta.phoneFormatted} today and speak to our Glendale criminal defense attorney.