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Penal Code Section 239 PC Aggravated Sexual Assault of Child
Protection of minor's rights has always been one of the most important goals in any democratic society. Besides insurance of minor's rights, it has also been essential to criminalize and punish perpetrators of sexual abuse. Penal Code defines various types of sexual abuse of minors and one of them is aggravated sexual assault of a child under Penal Code section 239 PC.What is Considered an Aggravated Sexual Assault of a Child?
The crime is defined as the commitment of "a certain offense" to a child. Note that special elements shall be met to criminalize the action as an aggravated sexual assault of a child. First is the age of the minor- the latter shall be under the age of 14. It means that children in the age of 14 or above cannot be considered victims under this section. The second element is the age difference between the perpetrator and the victim. Under Penal Code section 239 the victim shall be seven or more years younger than the perpetrator. Again, in case this element is not present, the action will not be criminalized as aggravated sexual assault of a child. The third is the commitment of "the certain offense". Not any sexual abuse of a minor under the age of 14 and with 7 or more years of age difference with the perpetrator shall fall under section 239. The listed crimes are rape, sodomy, oral copulation, and sexual penetration. Thus, in case one assaulted a child under Penal Code section 240 which is not in the list of "the certain offenses", it will be considered that the third element of the crime is absent.What are the Penalties for a Penal Code 239 PC Conviction?
Aggravated sexual assault of a child is punished as a felony and by imprisonment in California state prison for a minimum of 15 years to life imprisonment. The criminal can also face consecutive prison terms, which means that the latter can face sentences under section 239 back to back. Another negative consequence of a Penal Code 239 PC conviction is being required to register as a sex offender.Negative Consequence of Being Required to Registrar as Sex Offender
Besides the negative reaction of the society and public contempt and hatred, registration as a sex offender interferes with several rights of a person such as the right of freedom of movement, right to privacy, right to work, and several other protected rights by the Constitution. Each State in the US has its separate database for registration of the sex offenders. This means that in case the sex offender changes the state where he lives, he shall each time register in the database of the state he moved to and become subject of legislation of that state concerning sex offenders. Thus, relocation to a new state will not help to avoid the consequences of such registration. The sex offender can also face difficulties in employment. After conviction, there can be limitations to work in certain places which are near schools or kindergartens.California's Jessica's Law
In 2006, California adopted "Jessica's Law", a ballot initiative that prohibits registered sex offenders from living within 2,000 feet of a school, park or similar location where children gather. As such, often times California registered sex offenders may have a difficult time finding suitable tenancy. Thus, besides long imprisonment, registration as a sex offender and remaining as it unless the court determines otherwise, can limit and restrict many of the rights of the offender and leave negative consequences in his life after conviction.Aggravated Sexual Assault of Child Defense Attorney
If you or a loved one has been charged with Aggravated sexual assault of a child or other related crime, we invite you to contact our Aggravated Sexual Assault of Child Defense Attorney today at {meta.phoneFormatted} for a constellation and case review. - Read More
First-Time DUI Offense in California
What is a DUI?
DUI means when someone drives under the influence of alcohol or any other substance that can impair their ability to drive.
What Happens to First-Time Offenders?
A first time offender is someone who has never received a DUI in the past ten years. Should you face a first time DUI charge in California, you likely face a misdemeanor charge punishable by 3 to 5 years of probation and up to $1,000 in fines. Additionally, you will likely have your driver's license suspended and will need to take rehabilitation classes, such as DUI school.
What Happens After Receiving a DUI?
Once you are arrested for a DUI, you will face a criminal trial and/or a DMV hearing.
- Criminal Trial
Here, the prosecutor has discretion as to whether to charge the defendant as well as on what and on how many counts. Keep in mind that a criminal charge is difference from a DMV hearing in that criminal court is mandatory. In other words, it is important that the defendant be present for the entirety of their criminal case.
- DMV Hearing
A DMV hearing is separate from a criminal trial and is not automatic. The defendant may choose to request this hearing within the first ten (10) days from their arrest date should the defendant choose to challenge the automatic driver license suspension.
California Vehicle Code Section 23152(a)
Under this section, it is deemed unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. Generally, the prosecution will likely charge the defendant of violating this section should the defendant display signs and symptoms associated with intoxication. Prosecutors may use circumstantial evidence to show that the defendant in fact was driving impaired such as swerving in and out of lanes, slurred speech, and failing the field sobriety test.
Possible Defenses to a California DUI Charge
A defendant may be able to counter a Vehicle Code Section 23152(a) charge by showing that the accident occurred for non-alcoholic reasons. Consider health conditions as well. For instance, a person who suffers from type 1 diabetes may be able to show that they were in fact experiencing an insulin shock or hypoglycemia and therefore why they showed similar symptoms such as dizziness, shakiness, confusion, and poor coordination.
Glendale DUI Attorney
If you are facing your first DUI charge, contact KAASS Law at {meta.phoneFormatted} and speak to our experienced Glendale DUI attorneys for a consultation and case review.
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Hate Crime Penal Code Section 422.55 PC
What Is a Hate Crime?
Penal Code 422.55 PC defines hate crime as a criminal act committed due to the victim's disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics.
What is an Actual Characteristic for Hate Crime Pruposes?
An actual characteristic for hate crime purposes essentially means that the individual is committing a hate crime towards another due to the victim's actual status regarding disability, gender, or any of the other listings as seen under Penal Code 422.55 PC.
What is a Perceived Characteristic?
A perceived characteristic for hate crime purposes means that the individual commits a hate crime that is not based on one of the characteristics listed under Penal Code 422.55 PC but that they perceived the victim as such. For example, an individual may have the impression that a person they have seen around their neighborhood is of a certain sexual orientation that they do not like and because of this perception, that individual commits a crime against this neighbor. However, the neighbor was never of the sexual orientation the individual perceived them to be. Nonetheless, since the individual perceived his neighbor to be of a certain sexual orientation and therefore committed a crime against this person, they would still be committing a hate crime.
Prosecuting Hate Crimes in California
There are several ways that a hate crime can be prosecuted. Under Penal Code 422.6 PC, it is a crime for a person to commit a hate crime. Additionally, there are other penal codes that pertain to sentence enhancing or additional penalties.
For example, under Penal Code 422.75 PC, additional penalties apply on an individual when: 1) they are convicted of a misdemeanor, or 2) that misdemeanor is also proven to be a hate crime. Also, Penal Code 422.7 PC imposes sentencing enhancement on an accused if: 1) they are convicted of a felony, and 2) that felony is also proven to be a hate crime.
What are the Penalties If Convicted Under Hate Crime Penal Code 422.75 PC?
Under California law, the commission of a hate crime is considered a misdemeanor, which is punishable by: 1) imprisonment in a county jail for up to one (1) year, and/or 2) a maximum fine of $5,000. However, should an individual commit a crime that is proven to also be a hate crime, then that individual can be charged with a felony and get a penalty enhancement, as mentioned above for up to three (3) years.
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Penal Code 417.4 Brandishing Imitation Firearm
What is an Imitation Firearm?
In order to understand the limitations of the law, it is essential to first understand what is an imitation or fake firearm. The imitation firearm is described to be a device, a toy gun, a replica of a firearm that is- substantially similar to a real firearm;
- the similarity is revealed usually on the basis of similar colors and overall appearance, and
- the similarity shall cause a reasonable person to believe that the firearm was real.
Penal Code 417.4 Brandishing an Imitation Firearm in California
Penal Code 417.4 PC is the California makes it a crime for a person to: (1) draw or brandish an imitation firearm in a threatening manner; (2) such that it causes a person to fear bodily harm for himself or another person; and (3) it was reasonable to fear the harm. To convict a defendant for brandishing a weapon or firearm under Penal Code 517.4, the prosecutor must be able to establish the following:- The defendant drew or exhibited a firearm or deadly weapon in the presence of someone else;
- The defendant did so in a rude, angry or threatening manner;
- or the defendant used the firearm or weapon in a fight or quarrel;
- and the defendant did not act in self defense
What are the Penalties for Brandishing a Imitation Firearm Penal Code 417.4 Conviction?
The penalties for brandishing an Imitation firearm in California misdemeanor offense. The penalties for a Penal code 417.4 conviction include:- imprisonment in a county jail for a term up to 30 days;
- it is also possible to penalize a defendant with misdemeanor probation instead of jail time.
Other Negative Legal Consequences for Brandishing a Replica Firearm Penal Code 417.4 Conviction
Having a conviction of brandishing a replica/imitation firearm can also affect your career by causing non-pass of the background check in order to receive professional licenses such as a license to practice for such jobs as nurses, doctors, lawyers, teachers, etc. The conviction can also have negative effects on immigration cases and lead to denial of neutralization and, even, to deportation.Possible Defenses for Penal Code Section 417.4 PC Offense
A possible defense for a Penal Code section 417.4 PC offense include the following:- The firearm was not brandished or used in a threatening manner. For example, you made a joke by showing an imitation firearm among your friends and this act cannot reasonably cause them to fear for themselves or third parties.
- You acted in self-defense or you tried to defend another person by brandishing a firearm.
Related Offenses to Penal Code 417.4 PC Offense
Related offense to Penal Code section 417.4 PC offense include:These are only several examples of defenses. However, it is better to apply to professional attorneys who will assist you to create the right defense technique for your individual case.Los Angeles Criminal Defense Attorney
KAASS professional team is ready to give you a consultation and further assistance on your case. If you or someone you know have been charged with brandishing a weapon or firearm, it is critical that you consult with a Los Angeles Criminal Defense Attorney For more information about brandishing a weapon or firearm and schedule your consultation, contact Los Angeles Criminal Defense Attorney at KAASS Law at {meta.phoneFormatted}. We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205 with additional offices in Los Angeles located at 633 West 5th St., 26th Floor, Los Angeles, CA 90071.Additional Office Locations
KAASS Law Woodland Hills Office 6320 Canoga Ave Woodland Hills, CA 91367 KAASS Law San Bernardino Office 570 West 4th Street, #300, San Bernardino, CA 92401 KAASS Law San Diego Office 4445 Eastgate Mall Suite 200, San Diego, CA 92121 - Read More
Exercise Equipment Accidents and Injuries: Compensation for Damages
Injuries sustained while using exercise and fitness equipment can be caused by the defects in the equipment.What types of Injuries Can Happen When Using Exercise Equipment?
Exercise and sports equipment are very prone to causing injuries that result from their defects. Whether the accident happened at a gym, or at your own home, those involving exercise equipment can result in some of the most devastating injuries that arise from their defects, due to the nature of these products. These products cause tens of thousands of injuries every year, and some specific types of exercise equipment, such as treadmills, are among the most recalled products in America.When are the Producers of Exercise Equipment Liable for Damages Caused by Faulty Products?
Creators of defective exercise equipment are liable for the damages caused when it is clear that the injuries or other damages arose directly due to the product defect. These damages can be to property that you own, or bodily damages in the form of injuries.Examples of Situations Where A Manufacture Could Be Liable for Damages Sustained Due to Defective Exercise Equipment
Here are some examples of situations where a manufacture would likely have to compensate the victim for damages:- Joseph uses a pull-up bar that he installed in his doorframe, when suddenly, the bar breaks. The accident left a gaping hole in his wall and also caused him to hit his head very hard, giving him a concussion.
- Mary uses a brand new machine at her local gym, and the cord on the machine breaks, causing her to pull a hamstring
- Fred was using his treadmill at home, and a circuit issue causes the treadmill to catch fire and burn many of his belongings
How Do Exercise Equipment Manufactures Defend Themselves Against Product Liability Lawsuits?
There are plenty of possible defenses to a product liability lawsuit, but generally, all of these defenses espouse the same 3 things. They are:- The defendant was negligent when using the equipment
- The defendant, "assumed the risk," meaning that they did something (signed a contract) specifically accepting that there was risk to using the product
- The accident did not cause the damages in question
- The pull-up bar producer points out that their manual clearly states the product should not be used by those over 300 lbs, and Joseph is 325 lbs.
- Mary signed a contract before entering the gym, agreeing not to sue the gym or any of the producers of the equipment if she is injured
- The maker of the treadmill was able to show that the fire was caused by an electrical issue in Fred's home, not because of the treadmill itself
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Penal Code 245.5 PC Assault on a School Employee
California law criminalizes the act of conducting "assault" and defines it as an unlawful attempt of a person to commit a violent injury to someone when there was a high ability to commit this injury. Teachers and other school employees enjoy high protection under state legislation. As such, California Penal Code section 245.5 PC is makes it a crime to assault of a school employee.Who is Considered a "Victim" Under Penal Code Section 245.5 PC?
Under Penal Code section 245.5 PC the victim is the "school employee". A victim is considered a school employee if he or she is a permanent or probationary employee. This includes both full-time or part-time, including teachers, substitute teachers, and other administrative employees. For example, school bust drivers also fall under "school employees".What are the Elements of Penal Code 245.5 PC?
To be found guilty under PC 245.5, the prosecution must prove that:- You willfully and unlawfully touched a school employee in a harmful or offensive manner;
- When you acted, the school employee was performing their duties as a school employee AND;
- When you acted, you knew or reasonably should have known, that the person unlawfully touched was a school employee
The School Employee Must Be Performing His or Her Duties At the Time the Offense Occurred
In order to be charged and convicted under this offense, the school employee must be performing his or her employment duties at the time the offense took place. Thus, in the event the assault occurs in the evening when the teacher was walking in the park with his dog, a defendant cannot be charged with Penal Code section 245.5.What is Penal Code 245.5 PC?
Penal Code 245.5 PC makes it a crime to assault a school employee with a deadly weapon, a firearm, or a stun gun or taser or by any other means likely to produce great bodily injury upon the person of a school employee. Penal Code 245.5 PC can be charged either as a misdemeanor or a felony.Penalties for a Penal Code Section 245.5 PC Conviction
Penalties for a 245.5 PC conviction vary depending on what type of weapon was used during the assault.Deadly Weapon Other Than a Firearm
If the defendant used a deadly weapon, other than a firearm, the penalties include imprisonment in the state prison for 3, 4 or a maximum of 5 years of imprisonment in jail for up to one year.Firearm
If the defendant used a firearm while conducting the assault, the penalties include imprisonment in state prison for 4,6 or 8 years of imprisonment in jail for up to one year.Stun Gun or a Taser
In the event the defendant used a stun gun or a taser, the penalties include imprisonment in state prison for 2, 3, or 4 years of imprisonment in a country jail for up to one year.Los Angeles Criminal Defense Attorney
It is essential to consult with a Los Angeles criminal defense attorney to try to mitigate the punishment for the commitment of the assault. We invite you to contact our criminal defense attorney today at {meta.phoneFormatted} for a consultation and case review. - Read More
Aggravated Identity Theft under Federal Law
According to 18 US Code Section 1028, it is prohibited to knowingly transfer, possess, or use without lawful authority, a means of identification of another person with the intention to commit or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of federal law. Under 18 US Code Section 1028A aggravated identity theft is defined as the knowing and unauthorized possession, transfer, or use of a means of identification in the commission of certain felonies.The Felonies which Trigger the Aggravated Identity Theft Statute are the following:
- Theft of public money or property: 18 USC 641
- Theft, embezzlement, or misapplication by a bank officer or employee: 18 USC 656
- Theft from employee benefit plans: 18 USC 664
- False personation of citizenship: 18 USC 911
- False statements made in connection with the acquisition of a firearm: 18 USC 922(a)(6)
- Any crime from Chapter 47 of USC relating to fraud and false statements
- Any crime from Chapter 63 of USC relating to mail, bank, and wire fraud
- Any crime in Chapter 69 of USC relating to nationality and citizenship
- Any crime in Chapter 75 of USC relating to passports and visas
- 15 USC 6821 relating to obtaining customer information by false pretenses
- Violations concerning willfully failing to leave the US after deportation and creating a counterfeit alien registration card
- USC 1321-1330Immigration offenses
- False statements relating to Social Security programs
What is 18 USC Section 1028a?
Basically, 18 USC Section 1028a functions as an enhancement to a federal defendant who was found guilty of different federal crimes listed in subsection "c" of Section 1028A. Aggravated identity theft provides for an extra mandatory consecutive sentence to any sentence imposed upon the underlying crime for a defendant who knowingly possessed, transferred, or used another person's identificationTo Be Found Guilty of Federal Aggravated Identity Theft The Prosecution Must Prove
The prosecutor must prove beyond a reasonable doubt the following elements to convict the defendant of federal aggravated identity theft:- Defendant knowingly possessed, transferred, or used another person's identification documents or means of identification
- Defendant did so without lawful authority
- Defendant did so during and in relation to the eligible felony alleged in the indictment.
"Means of Identification" For Federal Aggravated Identity Theft
Means of identification is any name or number used, alone or together with any other information, to identify a person, including a name, date of birth, social security number, driver's license or identification number, passport number, alien registration number, the taxpayer or employer identification number, routing code or electronic identification number.Conspiracy to Commit Federal Aggravated Identity Theft
The defendant may face criminal charges when the identity theft has not even occurred as the attempted identity theft carries the same penalties as the theft. Conspiracy to commit identity theft is treated similarly. Helping another one to commit identity theft can also be considered a crime. The unlawful actions can be considered a crime even if the defendant never gained any financial benefit by using another one's information.What are The Penalties for 18 U.S Code 1028a Aggravated Identity Theft Conviction?
The penalties for a 18 U.S Code 1028a Aggravated Identity Theft Conviction including the following: In addition to any punishment, the judge imposes for the underlying federal crime the defendant faces a minimum mandatory sentence of two years imprisonment for aggravated identity theft.Terrorism-Related Sentencing
Federal Aggravated Identity Theft Defense Attorney
If you or a loved one is charged with federal aggravated identity theft, 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. - Read More
Oven Product Liability Lawsuits
What Defects are Ovens Prone to That Can Endanger People and Property?
Ovens are among the most common products to contain defects that are significant enough to result in product liability lawsuits. These defects can merely be ones that don't allow it to properly function, but they can also be dangerous, causing devastating damage to your belongings and even yourself and others. Some of these defects include:- Wiring defects, which can result in unintentional ignition
- Issues with the burner or related parts, which notoriously cause fires
- Door and glass defect, which can cause the oven to build up too much pressure inside
- Mechanical issues involving non-working parts of the oven, which can indirectly cause an accident
Under What Basis Can I Sue the Manufacture of an Oven for Defects?
If a defect in an oven led to damage to yourself, your family, or your property, there are several channels you can use to pursue compensation. When you gain legal representation and eventually sue the company based on their liability for the damage caused, your attorney can decide to sue based on several basis of defects, including:- Marketing defects, which refer to defects having to do with any instructions of use or safety notices for the oven.
- Design defects, which are defects that are caused by flaws in the design of the product
- Manufacturing defects, which arise from issues in the creation of the actual oven
How Can I Be Compensated if My Dysfunctional Oven Caused Damage to my Home and Myself?
If a faulty oven caused damage to your dwelling, your items inside the property, or even yourself and the people you live with, you are entitled to recovery for all of these damages and any pain and suffering that the damages may have caused. The first step to getting compensated is to gain legal representation and open a claim with the company who made the faulty product. You must do so within 2 years of the accident in California in order to be eligible for compensation. As mentioned before, you are entitled to compensation for damages to physical property and people. There are ways, however, that companies may try to avoid having to pay you. Here are some common defenses to product liability lawsuits:- You misused the product in a way that was unsafe or risks causing damages
- You altered the product or used it when it was built incorrectly
- The risks were clearly outlined in the instructions, so clearly that a reasonable person should have been able to avoid them
Los Angeles Products Liability Attorney
If you or a loved one has been injured due to a oven product defect we invite you to contact our Los Angeles products liability attorney today at {meta.phoneFormatted} today for a consultation and case review. - Read More
California Bench Warrant – Penal Code 166 and 978.5
A bench warrant, also known as a "body attachment" is the most common arrest warrant issued in the state of California. A bench warrant is issued from the judge and is an order to immediately arrest a person. Bench warrants are issued pursuant to California Penal Code sections 166 and 978.5. A bench warrant is not issued on the suspicion of criminal activity; it arises from a failure to follow the terms of a pre-existing offense.Can a Bench Warrant Be Issued for Failing to Appear in Court in California?
California judges can issue a bench warrant for failure to appear in court. If a person fails to appear for any scheduled court date, the judge can issue a California bench warrant. Failure to appear warrants are the most commonly issued bench warrants. Some examples include but are not limited to:- Failure to appear in court after the date and place was fixed for the person to appear after criminal charges or an accusation against him;
- Failure to appear in court after a judge has personally ordered the person to appear
- Failure to appear in court for show completion of community service, proof of enrollment, or another alternative sentencing;
- Failure to appear in court after a police officer has issued a citation.
Penalties for Failure to Appear in Court in California
California Penal Code Section 853.7: Failure to Appear-Written Promise
California Penal Code Section 1320(a): Failure to Appear in Misdemeanor Case
California Penal Code Section 1320(b): Failure to Appear in Felony Case
What are The Penalties for Failure to Pay a Fine or Restitution in California?
If a person willfully fails to pay court fines or ordered restitution the court may also issue a bench warrant. According to California Penal Code section 1203.04 a willful failure to pay a fine or restitution if a person has financial ability to do so is a misdemeanor and is punishable by up to one year in county jailCalifornia Bench Warrants for Disobeying a Court's Order
The court can also issue a bench warrant if a person fails to obey its orders. If a person fails to complete a report for drug-testing, community service, or court-ordered classes he will be charged with a probation violation.What is Civil Assessment Per California Penal Code section 1214.1?
According to California Penal Code section 1214.1 if the person doesn't pay a fine on time, violates written promise to be present in court, doesn't obey the court's order, he may be charged with a "penalty assessment" up to $300.000, and his case may be referred for collection. According to California Vehicle Code section 40508(d) if a person willfully fails to pay on time any fine or portion thereof due to a conviction for an infraction the court can also suspend his driver's license for 30 days.Criminal Defense Attorney
In case you have a bench warrant out for your arrest, it is important that you contact an experienced criminal defense attorney at KAASS Law. Call {meta.phoneFormatted} today for a consultation. If you or a loved one has been issued a bench warrant, 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. - Read More
Jaywalking Laws and Injuries in California
California Vehicle Code (CVC) 21955 states that "between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk."
What are the Laws on Jaywalking in California?
Jaywalking is the term used to refer to when a pedestrian crosses a road that has marked crosswalks or a marked intersection but does so from a point other than this designated crosswalk. Jaywalking laws were put into place to protect both pedestrians and automobile drivers from avoidable car accidents.
While you are unlikely to be arrested for jaywalking, you will probably be given a ticket if a law enforcement officer happens to see you. In California, jaywalking is considered an infraction and a first time offense in the state will cost you a minimum fine of $196. No points are assessed onto your DMV driving record.
How Can I Stay Safe as a Pedestrian?
As a pedestrian, it is your duty and your responsibility to keep yourself safe. In addition to abiding by jaywalking rules, here are some safety tips you can follow to ensure your safety when walking:
- Carefully observe and obey all traffic signals
- Always fully stop and look both ways before crossing any road
- Never assume a driver will give you the right-of-way
- Wear brightly colored clothing to ensure that drivers see you; if walking at night, wear reflective clothing
- Make eye contact with drivers through the window to ensure that the driver has seen you crossing
- Pay attention to your surroundings. Do not wear headphones or look down at your phone when crossing a road
What Should I do if I am Injured While Jaywalking?
Drivers and pedestrians are required to share the road. In turn, they also share the responsibility for keeping themselves and each other safe by staying alert and abiding by traffic rules. If you are injured while jaywalking, or if you injure somebody who was jaywalking, it needs to be determined who was at fault, or more at fault, for the accident.
Los Angeles Pedestrian Injury Lawyer
If you get injured while jaywalking, it is more than likely that you would be found partly at fault for the accident. This does not necessarily mean that you will not receive compensation for your injuries, but we recommend you seek professional legal help from a Los Angeles pedestrian injury lawyer to avoid being found mostly responsible. If you or a loved one were injured while crossing the street we invite you to contact our office at {meta.phoneFormatted} for a consultation.