Burglary Charges Under Penal Code 459 PC

In California, burglary charges under Penal Code 459 PC, are divided into two categories, first-degree and second-degree. Under to Penal Code 459 PC any burglary of a residence is deemed as first degree burglary. Second-degree burglary is burglary of any other type of structure including commercial or business establishment. Under California burglary laws, you may face burglary charges by entering a structure through an unlocked door or window. Thus, a judge or district attorney may find you guilty of burglary even if you didn't necessary "break into" the establishment or structure.

What is Penal Code 459 PC?

Under Penal Code 459, "Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit and or petit larceny or any felony is guilty of burglary."

Can I Reduce My Felony Burglary Charges?

Yes, it is possible to reduce your PC 459 burglary conviction to shoplifting conviction under Proposition 47. If you were convicted of felony second-degree burglary you may be eligible for Proposition 47 re-sentencing from felony burglary to shoplifting misdemeanor. Call our office a schedule a criminal defense consultation.

What Can I Be Charged with if I am Convicted of Burglary in California?

As mentioned above, burglary charges in California are divided into two categories, thus a conviction under penal Code 459 depend on whether you are charged with first-degree burglary or second-degree burglary.

What Can I Face if Guilty of First-Degree Burglary Charges?

In California, first-degree residential burglary are always felony. Additionally, due to California's "Three Strikes" law, a first-degree burglary charge is considered as a "strike". Consequences for first-degree burglary may include:

• Felony formal probation;
• Two (2) years, four (4) years or six (6) years in California state prison; and/or
• Fines of up to ten thousand dollars ($10

What Can I Face if Guilty of Second-Degree Burglary Charges?

Unlike first degree burglary, second-degree commercial burglary under Penal Code 459 PC carries lighter penalties. If you are lucky the district attorney or prosecutor will consider charging you with a misdemeanor second-degree burglary charge rather than a felony. However, you can still potentially face an felony second-degree burglary charge. If you are convicted of felony second degree burglary charges you may potentially face:

• Felony probation;
• Sixteen (16) months, two (2) years or three (3) years served in county jail; and/or
• Fines of up to ten thousand dollars ($10.

Call our office at {meta.phoneFormatted} request a criminal defense consultation. Our criminal defense lawyers in Glendale, Los Angeles County, California, may be able to help defend you and potentially reduce or drop your charges.

Petty Theft: Penal Code 484 (PC-484) & Penal Code 488 (PC-488)

California Penal Code 484(a) states: Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another is guilty of theft.

Petty Theft Crimes Under Penal Code 484 Can Be a Misdemeanor Offense if:

• Theft is a result of the shoplifting offense and;
• Defendant has no prior criminal record, or;
• If the value of the stolen property is $950 or less.

What if the Value of Stolen Property Was Over $950?

Generally, a defendant can be charged with Grand Theft under Penal Code § 487 if he or she stole property valued over $950. Petty theft crimes are possibly the most common theft crimes prosecuted in Los Angeles County. According to an article released by the LA Times last year, "Property crimes, which include burglary, theft and auto theft, increased by 7%, largely because of an 11% increase in grand- and petty-theft cases, which together jumped from 964 during the first half of last year to 1,074 during the same period this year." Luckily, an experienced Los Angeles criminal defense attorney may help in reducing or dismissing Grand Theft charges and or penalties; including:

• Fines (maximum fine of $1000)
• Jail sentence
  • County Jail or
  • State prison
• Probation (maximum of three years)
• Summary probation (maximum of three years)

How Do The Types of Act Qualify as Theft Under Penal Code 484 and 488?

Generally, the court will often look at various factors surrounding the charges, such as the value of the property that was allegedly stolen, prior criminal convictions, charges, or cases, and the defendant intends to permanently deprive the owner of the property. In Los Angeles, a majority of petty theft cases involve "larceny", otherwise known as shoplifting Many times, defendants caught shoplifting are merely booked and released from jail with only a petty theft citation. However, even if the defendant is booked and released from jail immediately, that does not necessarily decrease the chances of facing less serious penalties, such as jail time. Theft charges may also affect immigration status because the charges involve a crime of "moral turpitude". Example 1: Theft Under Penal Code 484 and 488: Jose is a lawful immigrant and has a pending citizenship application and was arrested for shoplifting at a Macy's Department Store in Los Angeles and is currently facing petty theft by larceny charges. Jose is charged with larceny, such charges may negatively affect his citizenship application may because theft charges are considered as "a crime involving moral turpitude".

Theft Charges by False Pretense under Penal Code Section 484

Generally, theft by false pretenses occurs when a defendant deliberately misrepresents facts in order to obtain possession or ownership of property from another. In order to be charged with theft by false pretenses, prosecutors are required to prove:

• Defendant knowingly and intentionally deceived a property owner by false or fraudulent representation
• Defendant intended to persuade the owner, or the owner's agent, to let the defendant, or another person, take possession and ownership of the property
• The owner of the property relied on Defendant's representation or pretense, thus Defendant gained possession and ownership of the property

Theft Charges by Larceny, "Shoplifting" Under Penal Code Section 484

Larceny occurs when:

• You took possession of property owned by someone else
• You took the property without the owner's consent
• When you took the property, you intended to deprive the owner of it permanently or to remove it from the owner's possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property
• You moved the property and kept it for any period of time

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.

Location & Directions

KAASS Law Address: 815 E Colorado St #220, Glendale, CA 91205 Phone: {meta.phoneFormatted} Email: [email protected]

When Should You File Your Asylum Application?

Many foreigners who are planning to apply for asylum do not know that there is a filing deadline for asylum applications. If an alien does not file the application within the deadline, his application cannot be approved even if he qualifies for asylum, unless one of the exceptions applies. Pursuant to the Immigration and Nationality Act, an alien must file his application for asylum within one year after the date of the alien's arrival in the United States. INA § 208(a)(2)(B). If an alien has filed an application one year after his arrival in the United States the application may be considered only if the alien demonstrates the existence of changed circumstances which materially affect the applicant's eligibility for asylum or extraordinary circumstances relating to the delay in filing within one year from the date of the alien's arrival. Id. § 208(a)(2)(D). The one-year period is calculated from the date of the alien's last arrival in the United States. The date of entry is not counted in calculating the one-year period for filing the asylum application. Minasyan v. Mukasey, 553 F.3d 1224, 1229 (9th Cir. 2009). When the last day of the one-year period falls on a Saturday, Sunday, or legal holiday, the period will run until the end of the next working day. 8 C.F.R. § 208.4(a)(2)(ii). For purposes of the one-year rule, the application is considered to have been filed on the date it is received by USCIS. If an application is filed after the one-year period it will be considered only if one of the statutory exceptions applies.

Changed Circumstances

An alien's late filed application for asylum may be considered if the applicant is able to show changed circumstances which materially affect the applicant's eligibility for asylum. This exception is for aliens who did not qualify for asylum at the time of arrival, however, due to changed circumstances, they became eligible for asylum later. It should be noted that changed circumstances do not grant an automatic extension of the one-year period. The alien must file the application within reasonable time from the changed circumstances. Matter of T-M-H- & S-W-C-, 25 I. & N. 193, 194 (B.I.A. 2010) (internal citations omitted). If the alien files the application within six months from changed circumstances the decision-maker shall determine whether the time was reasonable taking into account the totality of circumstances. Id. If the applicant has waited one year or more, such delay may be excused only in case of particular circumstances. Id. Consequently, the applicant shall file the application at least within six months after the changed circumstances otherwise it will be difficult to show that the application was filed within a reasonable time.

Extraordinary Circumstances

The second exception to the one-year rule is extraordinary circumstances relating to the delay in filing the application for asylum. These circumstances shall refer to events or factors directly related to the failure to meet the one-year deadline. 8 C.F.R. § 208.4(a)(5). As in the case of changed circumstances, the application shall be filed within reasonable time given those circumstances. Id. The applicant shall prove that he has not intentionally created those circumstances, that they are directly related to his failure to submit the application within the specified deadline, and that the delay was reasonable under the circumstances. Id.

Extraordinary circumstances may include but are not limited to:

(a) Serious illness, mental or physical disability; (b) Legal disability; (c) Ineffective assistance of counsel; (d) The applicant maintained legal status or was given parole until a reasonable period before filing the application; (e) The applicant filed the application prior to the expiration of the one-year deadline, but the application was rejected by USCIS as not properly filed, was returned to the applicant for corrections, and was re-filed within a reasonable period thereafter; (f) The death or serious illness or incapacity of the applicant's legal representative or the applicant's immediate family member. Id. It should be noted that this list is not exhaustive. If an applicant was unable to file the application within the one-year deadline period of other extraordinary circumstances, not listed above, the decision-maker may forgive the failure to submit the application by the deadline. To sum up, an alien who qualifies for asylum shall file the application within one year after his arrival. If the alien fails to meet the deadline his application may be considered only if it was filed within a reasonable period after changed or extraordinary circumstances. To avoid any complications the qualifying applicant shall follow the one-year rule. Give us a call, our attorneys speak English, Spanish, Armenian, Russian, Ukrainian, French, and Italian.

Los Angeles Business Property Damage Attorney at KAASS Law

The Los Angeles business property damage attorney and business insurance attorney at KAASS Law successfully negotiated and recovered $130,000.00 in business property damage insurance claim. Our lawyers in Glendale, Los Angeles, CA, are highly experienced business lawyers that aim to provide our clients with the highest quality legal services possible. Get in touch with an attorney that will be dedicated to taking care of all your legal needs!

How to File an H-1B Foreign Employee Sponsorship Petition

US employers willing to sponsor foreign employees for H-1B visa must understand all the steps involved in the process of preparing and filing the petition for a nonimmigrant worker. Generally, H-1B petitions are filed in the beginning of April for employment that shall start on October 1 of the same year. However, in order to be able to file the petition in April employers must comply with certain preliminary requirements.

Determination Of The Prevailing Wage

First, the employer must determine the prevailing wage they have to pay the H-1B employee for the specific occupation in the geographic area. Employers can request the prevailing wage from the Department of Labor by submitting an Application for Prevailing Wage Determination. Alternatively, employers can obtain the prevailing wage from the Foreign Labor Certification Data Center Online Wage Library (www.flcdatacenter.com). This database includes four wage levels for each listed occupation in all geographic areas.

Submission Of The Labor Condition Application

After obtaining the prevailing wage, employers have to file the labor condition application (LCA) with the Department of Labor. Employers cannot file the H-1B petition without a certified LCA. The United States Citizenship and Immigration Services and the Department of Labor require US employers to file the LCA in order to ensure that the employment of the H-1B employee will not adversely affect the wages and working conditions of US workers. The LCA is filed online through an electronic filing system (www.icert.doleta.gov). If the LCA is complete and there are no obvious inaccuracies, the Department of Labor has to certify the LCA within seven days from the date of filing the application. Employers shall file the LCA at least three or four week before filing the H-1B petition because sometimes the online system does not recognize certain information submitted by employers, and employers have to send additional verifying documents. For example, sometimes the online system does not recognize the Federal Employer Identification Number, and employers have to submit additional proof showing that the number is a real one.

Filing The H-1B Petition

After obtaining the certified LCA, employers can file the H-1B petition and supporting documents with USCIS. The filing period for H-1B petitions starts on April 1 of each year for employment starting in October of the same year. Generally the annual cap on H-1B visas is met within a few days after the start of the filing period. Hence, employers shall file the H-1B petition as soon as possible after the start of the filing period. The petitions received within the first five business days will participate in the lottery, and the winners will get the H-1B visa. Even if the applicant meets all the requirements and the employer has filed the H-1B petition on time, it is not guaranteed that the applicant will get the H-1B visa as the winners are selected during a lottery conducted by USCIS. The H-1B petitions are usually processed within a couple of months after the lottery. If employer requests premium processing, the cases are processed within fifteen calendar days. Sometimes USCIS may request additional evidence before making the final decision on the petition. Additional evidence is usually requested when the employer is a newly established company, the employer has not submitted sufficient evidence to show that the occupation is a specialty occupation or the employee does not have sufficient qualifications for the position. In order to file the H-1B petition without complications employers shall start the preparation several months before the filing season. This will ensure that the petition is ready by the filing deadline and will increase the chances of the final approval of the petition. Call our office at {meta.phoneFormatted} or contact us via email at {meta.email} to schedule a consultation with a Los Angeles immigration attorney. KAASS Law is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS Law expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS Law does not represent you unless you have expressly retained KAASS Law in person at the KAASS Law office. KAASS Law helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.

Extortion or "Blackmail" crimes in California occurs when a person:

• uses force or threats to compel another person to give you money or other property,
• uses force or threats to compel a public officer to perform an official act, or
• if you are a public official, act under color of your official right to compel another person to give you money or other property.

Extortion by Threat or Force Penal Code 518 PC:

In order to be found guilty of extortion, the prosecutor must be able to prove all 4 elements of Extortion by threat or force under Penal Code 518 PC. There elements are:

• The defendant threatened to do one of the following to the alleged "victim":
  • Unlawfully injure or use force against him/her, a third party, or his/her property,
    • You commit the crime of extortion only if you threaten to do something to someone else or their property that you have no legal right to do. Generally, under California law, it is not extortion, if you threaten to do something you had a specific legal right to do.
  • Accuse him/her or a relative or family member of a crime, OR
  • Expose a secret involving him/her or a family member, or connect any of them with some kind of crime, disgrace, or scandal;
• When making the threat or using force, the defendant intended to force the "victim" into consenting to give him/her money or property or to do an official act;
• As a result of the threat, the "victim" did consent to give the defendant money or property or do an official act; AND
• The "victim" then actually did give the defendant money or property or perform the official act.

If you believe that you have been falsely accused of and wrongly arrested for blackmail/extortion, our experienced Los Angeles, CA criminal defense attorneys can help you fight your charges. Request a criminal defense consultation with one of our defense attorneys in Los Angeles.

Extortion By Threatening Letter (Penal Code 523 PC)

• Defendant sent or delivered a threatening letter or other writing to another person;
• The letter consists of the Defendant threatening to do any of the following:
  • Unlawfully injure the other person, a third party, or their property,
  • Accuse the other person, or that person's relative or family member, of a crime,
  • Expose a secret about the other or that person's relative or family member, or connect any of them with a crime or disgraceful matter; and
  • In sending or delivering the letter, defendant intended to use the threat(s) to obtain money, property, or an official act from the other person.

Penalties:

In California, extortion is generally treated as a felony. The penalties include:

• Two (2), three (3) or four (4) years in county jail, and/or
• Fine of ten thousand dollars ($10

• A man armed with a knife breaks into a home and threatens to kill the home's owner if she doesn't open a safe that contains large amounts of cash and expensive jewelry;
• A real estate developer threatens to expose a city council member's extramarital affair to the media if the city council member does not vote to approve a project that the developer wants to build; and
• An adult daughter with a drug problem threatens to accuse her father of molesting her and have him arrested if he does not give her money to buy drugs.2

Legal Defenses Against a Extortion/Blackmail Charges in California include:

• You were falsely accused
• You did not actually coerce the alleged victim into consenting to hand over property,
• Insufficient evidence to support a conviction.
• In an effort to help you better understand the specifics of California extortion charges . . . and how to fight them . . . our California criminal defense attorneys will address the following:

If you or someone you know has been charged with Penal Code 518 PC extortion and you are looking to hire an attorney for representation, get in touch KAASS Law. We can provide a consultation in office or by phone at {meta.phoneFormatted}. Our main office is in Glendale,CA, with additional locations in Los Angeles, Woodland Hills, and San Bernardino.

Who Can Apply For Asylum In The United States?

Many foreigners who are in the US and face problems while extending their legal status decide to apply for asylum. However, not everyone is eligible for asylum. Only people who meet the statutory definition of "refugee" can file an application for asylum.

What are the Requirements for Meeting the Statutory Definition of Asylum?

People who are already in the US or who seek admission into the US and meet the statutory definition of "refugee" are eligible for applying for asylum. The Immigration and Nationality act defines refugee as "any person who is outside any country of such person's nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion..." INA § 101(a)(42).

Statutory Definition of Refugee Broken Down in Four (4) Elements

In Matter of Acosta, the Board of Immigration Appeals broke down the statutory definition of "refugee" into four elements: (a) the foreigner must have a fear of persecution; (b) the fear must be well-founded; (c) the fear must be on account of one of the grounds specified in INA § 101(a)(42); and (d) the foreigner must be unable or unwilling to go back to his home country or the country of his last habitual residence because of persecution or his well-founded fear of persecution. Matter of Acosta, 19 I. & N. Dec. 211, 219 (BIA 1985). Basically, the alien must show that he is unable or unwilling to return to his home country because of his well-founded fear of persecution and that the fear is on account of one of the grounds specified in INA § 101(a)(42). In order to show a well-founded fear of persecution, the applicant does not have to prove that it is more likely than not that he will be persecuted in his home country. I.N.S. v. Cordoza-Fonseca, 480 U.S. 42, 449 (1987). An applicant may meet the requirement of having a well-founded fear of persecution if he is able to show that a reasonable person in his place would fear persecution. Bastanipour v. I.N.S., 980 F.2d 1129, 1133 (7th Cir. 1992). The applicant must demonstrate both objective and subjective fear. Acewicz v. U.S. I.N.S., 984 F.2d 1056, 1061 (9th Cir. 1993) (internal citations omitted). The applicant may satisfy the subjective component by his own credible testimony that he genuinely fears persecution. Id. (internal citations omitted). The objective component may be satisfied by credible, direct and specific evidence of facts supporting reasonable fear of persecution. Id. (internal citations omitted). Potential asylum applicants shall also keep in mind that past persecution creates a presumption of future persecution which can only be overcome by a change in country conditions. In re Kasinga, 21 I. & N. Dec. 357, 371 (BIA 1996). The applicant's well-founded fear of persecution must be on account of one of the grounds specified in INA § 101(a)(42). These grounds include race, religion, nationality, membership in a particular social group, and political opinion. INA § 101(a)(42). If the alien's fear of persecution is not based on one of these grounds, the alien is not eligible for applying for asylum. All the grounds specified in INA § 101(a)(42) are self-explanatory, except the membership in a particular social group. A particular social group must be defined by an immutable characteristic which the members of the group either cannot change or shall not be forced to change because it is fundamental to their individual identities or consciences. Matter of Acosta, 19 I&N Dec 211, 233 (BIA 1985). A group can be considered to be a particular social group only if it meets the requirements of "particularity" and "social distinction." The "particularity" requires that a particular social group is defined by characteristics that provide a clear benchmark for determining who is a member of the group. Matter of W-G-R-, 26 I. & N. Dec. 208, 213 (BIA 2014) (internal citation omitted). On the other hand, the "social distinction" requires that society in general perceive, consider or recognize persons sharing the particular characteristic to be a group. Id. at 217.

What is the Statutory Definition of "Refugee"?

To sum up, only aliens who meet the statutory definition of "refugee" can apply for asylum in the US. The applicant will have to show that he has a well-founded fear of persecution on account of one of the grounds specified in INA if he goes back to his home country. Give us a call, our immigration attorney for a no obligation immigration consultation. speak English, Spanish, Armenian, Russian, Ukrainian, French, and Italian.