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California's Workers Compensation Act
All California employers, regardless the number of workers they have, must provide their employees with compensation benefits and pay for compensation insurance. Employers can choose from the State Compensation Insurance Fund (SCIF) or from licensed insurers in the state.
California's Workers Compensation Act
Under California's Workers Compensation Act if an employee has suffered an injury because of his job he can be entitled to benefits. If a person is an eligible employee with a work-related illness or injury, the law requires his employer to pay for medical treatment and partial wage replacement while he is recovering. If an employee wants to get workers' comp benefits in California it's under his responsibility to file a claim on time.
California Workers Compensation for Work-Related Injuries
In California most common work related injuries are from car or truck accidents, falls, and moving or lifting objects. Almost all injuries related to the job or caused at workplace are eligible for workers' compensation benefits. The list of injures include:
- Injuries caused by a one-time accident
- Cumulative injuries, which are caused by doing the same motion over and over
- Illnesses arising out the work tasks or the job environment
Situations Where Employee Would Not Be Compensated for Recovery Under California California's Workers Compensation Act
- The injury was caused during the commission of a felony
- The injury was caused by alcohol intoxication or other substances
- The injury was self-inflicted
- The injury was a reason of a fight started by the injured employee
Process of Filling the Worker's Compensation Claim in California
Usually the process of filing a workers' comp claim in California is the following:
- Employee reports about the injury. The report must be in writing and should be signed by the injured employee or a person acting on his behalf.
Labor Code Section 5400 Reporting Employee Injury
According to Labor Code Section 5400 employee must report about the injury to his employer in writing within 30 days of its occurrence to qualify for worker's compensation benefits. However, according to Labor Code Section 5402 in case the employer obtains information about the injury in some other way (for example from the employee's supervisor) it is equivalent to written notice. In case the employee failed to report the employer in 30 days he will still be eligible for the recovery unless the delay caused significant negative consequence for the employer.
- Employee files out California State Division of Workers' Compensation (DWC) form 1 and give it to his employer, who within 1 day provides the claim to workers' compensation insurance company. The form contains the following information:
- Employees name
- Employees address
- Date and time of the injury
- Address and description of the location where the injury occurred.
- Sustained injury and the body part affected.
The insurance company has 90 days for accepting or denying the claim. In case they don't' inform the employee of anything within 90 days then the claim is presumed to be accepted.
California Compensation Claim Denials
The insurance company might deny the claim in case:
- Employee's injury isn't work-related
- Employee's injury is due to another job
- Employee's doesn't need medical treatment,
- Employee can return to work
Appealing Workers' Compensation Denial
After learning that the claim is denied the employee is entitled to see a Qualified Medical Evaluator for getting an additional opinion. This is an impartial doctor who is reviewing workers' compensation claims. In case after the independent evaluation the employee still disagrees with the employer or insurer about a compensation benefits decision, including the claim denial he can file a Declaration of Readiness to Proceed with the Worker' Compensation Appeals Board (WCAB) within one year of his injury. The employee must serve this form on the insurance company and include a proof of service form. The Appeals Board will hold a hearing and make a decision on his claim.
California's Uninsured Employer's Benefit Trust Fund
If a worker is injured and if the employer was not properly insured about the worker's injury, California's Uninsured Employer's Benefit Trust Fund (UEBTF) will step into the place of the insurance company to pay worker's compensation insurance benefits. The UEBTF will then attempt to recover the money from the illegally uninsured employer.
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Fitness Gym Facility Accidents Causing Injury
When a gym member experiences an injury at a gym or a fitness center as a result of an unreasonably dangerous condition or some other negligence, he may be able to sue the gym for caused injuries and recover money damages suffered from the gym related injury. Before filing a personal injury lawsuit several important issues must be considered:- The type of injury the victim has suffered;
- Whether or not the gym membership contract contained a release of liability waiver; and
- Whether the negligent actions of gym owners and staff led to the damages.
In California Can a Gym Be Held Liable for Injury Suffered by its Member or Patrons?
Gym can be liable if the injury is proven to be causes by the facility's fault. This can be due to construction hazards, faulty equipment, or improper maintenance procedures. The gym has a certain degree of responsibility to ensure the members well being. Some specific situations or examples when an injured person may sue the gym and seek compensation include:- Uneven, wet, or broken floors that are not signed properly;
- Improperly maintained equipment;
- Poor advice from a trainer or other gym staff member how to use the equipment;
- Dangerous objects that are stored not properly.
Common Injuries Suffered in a Gym or Fitness Center
Some of the common injuries that gym accidents can cause:- Fractured Bones;
- Neck and spinal injuries;
- Internal bleeding;
- Sprains and Strains;
- Spinal Cord Damage;
- Brain Injury;
- Facial injuries;
- Eye Injuries;
- Crush Injuries;
- Traumatic Head Injury; and
- Nervous system damage
A Gym or Fitness Facility Must Use Reasonable Care to Discover Any Unsafe Conditions
Gym owners must use reasonable care to discover any unsafe conditions; they are also responsible for fixing dangerous conditions and warn the gym members about those dangers. In case a property owner is unable to fix the dangerous condition he must put up a notice or warning of the hazard. A person injured in fitness center may be able to recover damages for medical bills, hospital bills, physical or occupational therapy, medical supplies, lost wages, pain and suffering, lost earning capacity, punitive damages and property damage.Legal Defenses to Gym Accidents Involving Members or Patrons
The more popular legal defenses that fitness facilities such as LA Fitness or 24 Hour Fitness may use to defend gym accident lawsuits include the following defenses.Assumption of Risk Defense in Gym Accidents
Assumption of risk is a legal defense that makes liable a person who engaged in strenuous physical activity. The gym owners can prove that the victim assumed the risk of injury, knew he could get hurt at the gym and chose to join anyway.Gym Release of Liability Waivers
Generally, most gyms and fitness facilities require their members to sign a waiver of liability. While, others gyms or fitness centers may post disclaimers that all members are working out at their own risk. Moreover, gyms generally include a release of liability waiver within their membership contract which depending on the language ultimately releases the gym and its employees from liability in the event the member suffers an injury and wants to file a personal injury lawsuit against the gym. However, a gym and fitness facility can not completely reveal themselves from absolute liability. The skilled Glendale personal injury attorney at KAASS Law have been able to successfully sue and recover money damages for injuries suffered at a fitness facility with the existence of release of liability waiver.Suing a Gym in California For Suffering Injury
In California a victim can sue a fitness center or a gym in California for suffering an injury due to::- He was purposely injured by someone at the gym,
- The gym didn't repair defective or broken equipment and allowed to work out on it,
- It was grossly negligent.
Gym Accidents Defective Exercise Equipment
In some cases gym accidents are caused by a defective piece of exercise equipment. A part of workout equipment can break and cause a person to lose control of the equipment and suffer an injury.Product Liability in California for Defective Exercise Equipment
According to California's products liability law, the company who manufactured, designed, or sold the defective workout/fitness equipment product is liable for caused injuries. The injured person does not have to prove the company was negligent. In product defect cases, strict liability can be imposed for manufacturing defects, design defects, and failure-to-warn defects.Los Angeles Gym Accidents Lawyer
Have you been injured due to a gym accident in California? If so, we invite you to hire our dedicated Los Angeles gym accident lawyers today. You can rely on our experienced lawyer to carefully analyze the facts of your case to prove the facts necessary. To schedule a consultation with one of our personal injury lawyers, call KAASS Law today at {meta.phoneFormatted} or send us an email through our online appointment form. - Read More
Penal Code 246.3(a) Negligent Discharge of a Firearm
Pursuant to California Penal Code Section 246.3(a) a person who willfully discharges a firearm in a grossly negligent manner which could cause injury or death is guilty of a public offense.To Be Convicted of Penal Code 246.3 (a) Prosecutor Must Prove The Following
To convict the defendant in negligent discharge of a firearm the prosecution must prove, beyond a reasonable doubt, the following elements:- Defendant intentionally fired the firearm or BB gun
- Defendant fired the gun in a grossly negligent manner
- Defendant's action could have resulted in injury or death of another person
What is Willful Intent?
A person shot the firearm intentionally when he pulled the trigger and knew that the firearm was loaded. In case the gun went off completely by accident and a person reasonable believed that the firearm was not loaded it cannot be a negligent discharge.What is Gross Negligence?
Gross negligence is more than an ordinary negligence, it means acting so recklessly that any reasonable person can realize that the act is likely to produce great bodily injury or even death. Gross negligence shows a conscious disrespect and indifference regarding the rights and safety of other people. If a person was shooting the weapon in a place where no one was around then he won't be guilty under Penal Code Section 246.3. Gross negligence happens when a person was shooting the weapon in an area where many people lived and there was a huge chance that his act could possibly cause injury or death.Use of Firearm or BB Gun in Penal Code 246.3(a) Charges
A firearm is any device which is used as a weapon from which a projective is discharged. A BB gun is any instrument that expels a projectile through the force of gas pressure, air pressure or spring action. Penalties for negligent firing BB gun are lesser than for negligent discharge of a firearm.Defenses to Penal Code 246.3(a) Charges
Common defenses to Penal Code 246.3(a) including the following:Self-Defense
In using the self defense claim in penal code 246.3(a) charges the defendant may claim self-defense in situations where:- He had the reasonable belief that he was in imminent danger of great bodily harm
- He fired the gun with the reasonable belief that he was protecting himself
- He used force that was reasonably necessary to deflect that harm
Defendant had a reasonable belief that the gun was not loaded
Under California Penal Code Section 246.3 firing a gun intentionally is a key element of the crime. Defendant must have known that the gun was loaded for being convicted in negligent discharge of a firearm.Defendant's actions didn't cause actual danger, injury or death
Prosecution must be able to prove that defendant's discharge of a firearm posed an actual danger to people. In case no one could have been foreseeable and reasonably hurt then the defendant cannot be found guilty of negligent discharge.Penalties for California Penal Code 246.3(a) Conviction
In California law negligent discharge is considered a wobbler and can be charged as either a misdemeanor or a felony, based on the case circumstances the defendant's criminal history. In case the negligent discharge is done with a BB device it is always a misdemeanor.Penalties for Misdemeanor Penal Code 246.3(a) Conviction
Penalties for Misdemeanor Penal Code 246.3(a) conviction include the following:- Up to one year in a county jail
- A fine of up to $1,000
- Misdemeanor probation
Penalties for Felony Penal Code 246.3(a) Conviction
Penalties for Felony Penal Code 246.3(a) conviction include the following:- Sixteen months, two or three years in a country jail under California's realignment program
- A fine of up to $10,000
- Felony probation
Gang Sentencing Enhancement: California Penal Code Section 186.22
In case the defendant discharge a firearm in association with a known gang, for the benefit of the gang or at the direction of the gang with the specific intent of assisting the gang in any way he will face additional two, three or four years in prison.California Three Strikes Enhancement
Under California's "Three Strikes" law felony negligent discharge is classified as a "serious felony". In case a conviction for Penal Code Section 246.3 as a felony is later followed by a charge for another felony, the defendant will face punishment twice the normal sentence for the second offense. A conviction for third felony will result in a sentence of twenty-five years to life in a state prison.Immigration Consequences for Penal Code 246.3(a) Conviction
A negligent discharge of a firearm is considered a deportable crime and can lead to severe consequences for non-citizens. In case a defendant is a non-citizen and is convicted of this crime, he can be deported or be subject to inadmissibility grounds.California Penal Code 246.3(a) Lawyer
For answers to any other questions you may still have about California Penal Code 246.3(a) charges or to discuss your case confidentially with our team of experienced California criminal defense attorneys give us a call at {meta.phoneFormatted}. Our lawyers in Glendale, Los Angeles County, CA, are highly dedicated to serving the needs of our clients. - Read More
California Vehicle Code 2800.1 Evading a Police Officer
Under California Vehicle Code 2800.1 evading arrest is defined as attempting or actively running away from a police officer that has made clear his intentions to arrest you.Defendant May Be Found Guilty of Vehicle Code 2800.1 Evading a Police Officer If
The prosecutor must establish the following elements in order to convict a defendant of Vehicle Code 2800.1 evading a police officer:- Police officer in a motor vehicle was pursuing the defendant. It makes no difference whether the police officer was driving a patrol car or riding on a police bike or a motorcycle.
- Defendant was also driving a vehicle when he intentionally fled, or tried to evade the pursuing police
- At least one lit red lamp was visible from the front of the police officer's vehicle
- Defendant either saw or reasonably should have seen the red light
- Police officer's vehicle was sounding the siren
- Police officer's vehicle was distinctively marked
- Police officer was wearing a distinctive uniform
Willfully, with the Intention to Evade
Evading a police officer is known a specific intent crime, meaning that the defendant must have specifically intention to commit the offense and it is a willful act. In case the defendant fled from the police officer for a reason other than willfully and intentionally disobeying the officer's orders, then you cannot be found guilty of the offense. The defendant doesn't need to have intent to break the law, gain an advantage or hurt another person.Requirements for the "Police Officer's Car" in VC 2800.1 Charges
California Vehicle Code Section 2800.1 enumerates some specific requirements that a police officer's car must have. The requirements are the following:- Vehicle must have at least one lighted red lamp
- Vehicle must have at least one siren which the officer is sounding as reasonably necessary
- In addition to the red lamp and siren the vehicle must be distinctively marked as a police vehicle. Particularly it must have at least the name or seal of the police department on the outside of the car, or visible flashing white or blue lights visible to the driver.
Legal Defenses to Evading a Police Officer Under VC 2800.1
Legal defenses to evading a police officer under VC Section 2800.1 are as follows No willful intent According to California Vehicle Code Section 2800.1 anyone who willfully flees or attempts to evade a peace officer is guilty of a misdemeanor. In case the defendant did not intent to evade police officer he should not be convicted of the crime. Insufficient evidence Vehicle Code Section 2800.1 requires the police officer be reasonably identifiable by wearing a standard police uniform. Also his vehicle must have distinctive markings, at least one red lamp visible from the front and a siren. If any of these elements are not met the defense of insufficient evidence can be applicable.Penalties for Violating California Vehicle Code 2800.1
In California law violation of VC 2800.1 is charged as a misdemeanor and the potential penalties include:- Up to one year in a county jail
- A fine of up to $1,000
- Vehicle impoundment for up to 30 days
- Misdemeanor probation
- Driver's license suspension
Glendale Criminal Defense Lawyer
If you are a loved one has been charged with violating California Vehicle Code 2800.1 contact our Glendale criminal defense lawyer today at {meta.phoneFormatted} for a consultation. - Read More
California Penal Code Section 646.9 Stalking
According to California Penal Code section 646.9 stalking; a defendant is guilty of the crime of stalking if he intentionally, maliciously and repeatedly follows or harasses another person and makes a credible threat with the intent to place that person in reasonable fear for his safety or the safety of his immediate family.Prosecutor Must Establish the Following to Convict Defendant of Penal Code 646.9 Stalking
Prosecutor must establish the following elements in order to successfully convict a defendant of stalking under Penal Code 646.9- Defendant intentionally, maliciously and repeatedly harassed or followed another person;
- Defendant made a credible threat to that person's safety ; and
- Defendant did so with intention to place another person in a reasonable fear for his safety or for the safety of his immediate family
Stalking Penal Code 646.9: Credible Threat
Credible threat is the one that makes a target person to reasonably fear for his safety or for the safety of a family member. Credible threat can be made in writing, verbally, electronically or in any other way that communicates the threat to a target person. It does not matter whether person actually had intention to carry out the threat or not, it is only important that he was able to carry out the threat.Stalking Penal Code 646.9: Harassing
Harassing means willfully engaging in a course of conduct directed at an exact person that seriously alarms, annoys, terrorizes or torments the person with no legitimate purpose. A course of conduct means continuing acts occurring over a certain period of time.What is a Malicious Act?
Malicious act is a wrongful act done with the intention of annoying injuring, or disturbing another person in an illegal way.Common Examples of Stalking Under California Penal Code 646.9
Here are some common examples of stalking under California Penal Code 646.9 include- Repeatedly making harassing phone calls to another person
- Repeatedly showing up at a another person's business or home
- Repeatedly following another person
- Repeatedly sending messages, notes or objects to another person
- Vandalizing another person's property
Stalking Against an Intimate Partner: California Domestic Violence Laws
In situations where the stalking acts are committed against an intimate partner the crime will be addressed under California domestic violence laws. A victim of stalking in California can file a domestic violence TRO against the defendant. This factor can lead to harsher punishment and penalties. An intimate partner can include:- A fiancé
- A current or former spouse
- A current or former cohabitating partner
- Child's parent
- A person you are or were dating
Penalties for Violating California Penal Code Section 646.9
According to PC 646.9 stalking is considered a wobbler and can be prosecuted either as a misdemeanor or a felony crime, depending on the defendant's criminal history and specific facts of the case. Though there are some situations when the crime of stalking will be automatically charged as a felony:- The crime was committed in violation of an existing court protective order
- The defendant had been previously convicted of Penal Code Section 646.9 stalking
Penalties for Misdemeanor Stalking Penal Code 646.9 Conviction
Penalties for a misdemeanor stalking conviction under Penal Code 646.9 include the following- Up to one year in a county jail
- A fine up to $1,000
- Probation
- Mandatory counseling or commitment to a hospital that can treat defendant for mental illness
- Restraining order that prohibits any contact with the victim
Penalties for Felony Stalking Penal Code 646.9 Conviction
Penalties for a felony stalking conviction under Penal Code 646.9 include the following:- Sixteen months to five years in California State Prison
- A fine up to$1,000
- Formal probation
- Mandatory counseling or commitment to a hospital that can treat defendant for mental illness
- Restraining order that prohibits any contact with the victim
- Registration as a California sex offender under PC Section 290
Aggravating Factors in California Criminal Stalking Cases
In case the circumstances of the crime meet certain aggravating factors the prison sentence may be increased. Here are some common aggravating factors:- Great bodily harm
- Weapon Enhancement
California Criminal Stalking Defense Lawyer
For answers to any other questions you may still have about California Penal Code 646.9 charges or to discuss your case confidentially with our team of experienced California stalking defense lawyers give us a call at {meta.phoneFormatted}. Our lawyers in Glendale, Los Angeles County, CA, are highly dedicated to serving the needs of our clients. - Read More
Penal Code 136.1 Intimidating a Witness Testify or Report
According to California Penal Code 136.1 it is illegal to prevent or to attempt to prevent any witnesses or victims of a crime from testifying or reporting or about the crime.What Must the Prosecutor Establish in Penal Code 136.1 Charges?
Prosecutor must establish the following elements for proving an allegation of intimidating a witness or victim under Penal Code 136.1:- Defendant intentionally and maliciously prevented or dissuaded, or attempted to prevent or dissuade a victim or a witness of a crime from
- Appearing at or giving testimony during any legal proceeding
- Reporting the crime to law authorities
- Assisting with the prosecution process
- Assisting in the arrest process
"Acting Maliciously" According to California Penal Code 136.1
Defendant acts maliciously when he illegally intends to harm, annoy or injure another person in any way, or intends to interfere in any way with the orderly administration of justice. In regards to PC Section 136.1 prosecutor must prove that defendant acted with the intention of dissuading a witness or victim from reporting or testifying or a crime. In case the victim or witness is a family member and defendant dissuaded them for their own protection, then PC Section 136.1 PC stipulates that the court must assume that defendant didn't act maliciously.Preventing or Dissuading Witness from Testifying or Reporting Crime in California
It is not important whether defendant was successful in his attempt to prevent, dissuade or intimidate a victim or witness. Even if the defendant's attempt was unsuccessful he still violated California Penal Code Section 136.1 PC.Using Force or Threat in Penal Code 136.1 Charges
In case the defendant used or threatened to use force against the victim or witness, he will be considered guilty. It doesn't matter whether someone actually suffered or not, the crime is concerned with the defendant's acts and not with the result of those acts. If the force was actually used that will be an aggravating factor with additional three to six-year state prison sentence. "Witness" is a person who is aware about the facts of a crime, whose declaration under oath may be considered as evidence, who has reported a crime, or has been served with a subpoena. "Victim" is a person against whom a crime is being or has been committedPenalties for a Penal Code 136.1 Conviction?
Penalties for violating California Penal Code 136.1 can be charged as a misdemeanor or a felony and are as follows.Penalties for a Misdemeanor Penal Code 136.1 Conviction
Penalties for misdemeanor Penal Code 136.1 conviction are the following:- Up to one year in a county jail
- A fine up to $1,000
- Ten-year restriction on the right to own or acquire firearms
Penalties for a Felony Penal Code 136.1 Conviction
Penalties for felonyPenal Code 136.1 conviction are the following:- From 16 months to four years sentence in California state prison
- A fine up to $10,000
- Lifetime restriction on owning or acquiring firearms
Sentencing Enhancement for Personal Use of a Firearm
In case the defendant used or was armed with a gun while attempting to dissuade a witness or victim he will receive additional one to ten-year state prison sentence.California's Criminal Street Gang Enhancement: PC Section 186.22
In case defendant is convicted of violating Penal Code Section 136.1 "for the benefit of, at the direction of, or in association with any criminal street gang," California's gang enhancement automatically imposes an additional and consecutive seven-year-to-life prison sentence.Glendale Criminal Defense Lawyer
If you are a loved one has been charged with violating Penal Code 136.1 contact our Glendale criminal defense lawyer today at {meta.phoneFormatted} for a consultation. - Defendant intentionally and maliciously prevented or dissuaded, or attempted to prevent or dissuade a victim or a witness of a crime from
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Penal Code 203 PC Simple and Aggravated Mayhem
Under California Penal Code Section 203 PC mayhem is defined as the act of maliciously an illegally depriving person of a member of his body; disabling, or rendering useless a member of his body; disabling or cutting his tongue; putting out his eye; slitting his nose, ear or lip.
Penal Code Section 203 PC Aggravated Mayhem
Under California Penal Code Section 205 aggravated mayhem is defined as intentional causing another person a permanent disfigurement or disability, or depriving him of a limb, organ or member.
California Criminal Jury Instruction No. 801
California's Criminal Jury Instructions No. 801 indicates the following additional stipulations on how a person can be found guilty of mayhem:
- Body part disablement must be more than temporary or slight; it must be so egregious as to significantly interfere with person's life.
- Eye injury must so significantly reduce the person's ability to see such that it is useless for ordinary sight.
- Disfigurement must be permanent
- At the time of the act the victim must be alive. In case the victim dies, a more severe charge of murder can be brought.
To Be Convicted of Aggravated Mayhem Penal Code 203 PC Prosecutor Must Prove The Following
To convict a defendant of aggravated mayhem, the prosecutor must establish the following elements:
- Defendant illegally and maliciously disabled or permanently disfigured another person
- Defendant acted with the intent to disable or permanently disfigure
- Defendant's act showed extreme indifference to the psychological or physical condition of another person
Difference Between Mayhem and Aggravated Mayhem
In aggravated mayhem case the prosecution must prove that the defendant had the specific intent to disfigure or dismember or a person. For proving an ordinary mayhem, the prosecutor only needs to prove that the defendant committed an act maliciously and that resulted in disfigurement or dismemberment but the defendant didn't have intent to disfigure or dismember that person.
Maliciously
Under California Penal Code 203 action acting maliciously means committing an illegal act with intent to annoy or injure someone else
Permanent Disfigurement
According to California mayhem law, a disfiguring injury can be considered permanent even if it can be repaired by medical procedures.
Penalties for PC 203 Simple Mayhem and PC 205 Aggravated Mayhem
In California law both types of mayhem are considered felonies
Penalties for California Penal Code Section 203 Simple Mayhem
Penalties for California Penal Code Section 203 Simple Mayhem include:
- Two, four or eight years in California state prison;
- A fine of up to $10,000
- Felony probation
If the defendant knew or reasonably should have known that one of the below mentioned facts about the victim was true he will receive 1 or 2 year sentence enhancement:
- The victim was sixty five years or older
- The victim was under the age of fourteen
- The victim was deaf or blind
- The victim was developmentally disabled or paraplegic or quadriplegic
Penalties for California Penal Code Section 205 Aggravated Mayhem
Penalties for California Penal Code Section 205 aggravated mayhem include:
- A fine of up to $10,000
- A life sentence in state prison
In some mayhem or aggravated cases a probation sentence can be available and can include some actual jail time (not prison), work release or house arrest along with other probation terms.
Does Mayhem and Aggravated Mayhem Fall Under California Three Strike Sentencing Law?
Both mayhem and aggravated mayhem are considered violent and serious crimes under California Three Strikes Sentencing Law. The defendant will be convicted of a strike offense and suffer additional punishments such as:
- While in being in prison he will earn less good time credits
- He may suffer harsher punishment for future criminal convictions
- Be ineligible for early release
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California Penal Code 261.5 PC Statutory Rape
California Penal Code Section 261 defines the crime of "rape" as sexual intercourse that is nonconsensual, because it's achieved by means of threat, force or fraud threats. The following facts must be established in order to prove that the defendant is guilty of rape:- There existed sexual intercourse between the supposed defendant and the victim. Sexual intercourse occurs immediately when the penis penetrates the vagina, regardless of how slight the penetration is or whether no ejaculation occurred;
- That the victim was not a spouse to the defendant at the time of intercourse. Evidence that the victim is currently married or is a former spouse to someone else does not add to the prosecutor's proof;
- The supposed victim was underage during the intercourse.
There was Sexual Intercourse Between the Defendant and the Victim
Sexual intercourse for rape purposes is any penetration regardless of how slight it's. The sexual intercourse can be either against the person's will, or without that person's consent. In the case of rape intercourse is defined very broadly. Even if the defendant initiated sexual act with someone against their will and after that regretted and terminated the act that still considers as rape.The Victim Didn't Give Consent to The Sexual Intercourse
Consent is a positive cooperation in an act meaning that one acts freely and voluntarily. Consenting to sexual act means doing so willingly with realizing the nature of the sexual act. The prosecutor must prove beyond a reasonable doubt that the victim did not give the consent to the sexual intercourse- The intercourse must be accomplished through one of the following: physical force; duress, menace; fear of bodily harm to the victim or someone else; fraud threat of future retaliation
- The defendant and the victim weren't married to each other at the time of rape;
Legal Defenses for Penal Code 261.5 PC Statutory Rape
A few legal defenses to California Penal Code 261.5 statutory rape include the following: Reasonable Mistake as to Consent The defendant cannot be found guilty of rape if he reasonably and honestly believed that the victim was a consensual and willing participant and gave the approval of sexual intercourse. In case the victim was asleep, unconscious, mentally disabled or intoxicated at the time of the sexual act, then this defense can't be used. Insufficient evidence There may be no physical evidence to confirm the rape charges in case the victim doesn't seek medical care. Likewise, if there were no witnesses, the rape case may only be based on victim's statements. In situations like this, the legal defense of insufficient evidence may be applicable. There are always difficulties with proving rape charges when the only evidence is the unconfirmed statements of the accuser. False accusations Very often, people are wrongly accused of sex crimes. Sometimes, one can accuse another of rape to exert revenge or purely out of jealousy. An individual can also falsely accuse the spouse in order to get a divorce or child custody.Penalties for Rape Under Penal Code 261
Under California Law rape is considered a felony offense. Possible punishment for this crime:- Formal probation
- Imprisonment the California State Prison for 3, 6 and 8 years
- A fine not exceeding $10,000
- A strike under California's Three Strikes Law
Get Help Defending Rape Charges from an Aggressive California Lawyer
Hire the most dedicated Glendale criminal defense lawyer to the legal services you require! Our attorneys at KAASS Law are highly dedicated to help our clients in every way possible. You can rely on our experienced lawyers in Glendale, Los Angeles, California, to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at {meta.phoneFormatted} to speak to our experienced Glendale criminal battery attorney today. Get in touch with us at KAASS Law, 815 E Colorado St #220, Glendale, CA 91205, {meta.phoneFormatted}at any time! - Read More
California Penal Code 401 Aiding Suicide
According to California Penal Code Section 401 it is prohibited to intentionally aid, advice, or encourage another person to commit suicide.In Order to be Found Guilty for Penal Code 401 Prosecution Must Prove
Prosecutor must establish the following elements to prove that a defendant is guilty of advising or encouraging a suicide,- Person tried to commit or committed suicide
- Defendant intentionally aided, advised or encouraged that person to commit suicide.
What Does "Aiding, Advising or Encouraging Suicide" Mean?
"Aiding, advising or encouraging a suicide" means the following:- Counseling, persuading or advising a person to commit suicide
- Providing a person whit necessary tools, such as lethal doses of drugs, poison or a weapon with knowledge that those tools are likely to be used for committing a suicide
Difference Between Murder and Assisting a Suicide
If the defendant helps another person to kill himself he will be guilty under Penal Code Section 401. In case a person asked the defendant to kill him and the defendant carry out that act, then his action will be considered murder, voluntary manslaughter, or attempted murder.California California's End of Life Option Act: Physician-Assisted Suicide
California's End of Life Option Act allows a person who is diagnosed with a terminal disease to ask for an aid-in-dying drug from his physician. For receiving an approval the physician must submit detailed information to the California Department of Public Health.What Conditions Must Be Met Under California's End of Life Option Act?
The patient must meet the following conditions for getting help to commit a suicide under California's End of Life Option Act:- Patient must be a California resident at least 18 years old
- According to medical judgment patient must have a diagnosis of an irreversible disease which will result in death in a 6 months
- Patient must be able to make medical decisions by himself and must voluntarily requested an aid-in-dying drug
- Patient must be able to self-administer the drug
Defenses to California Penal Code 401 Aiding, Advising or Encouraging Suicide
Common defenses to California Penal Code 401 Aiding, Advising or Encouraging Suicide include Defendant didn't have a deliberate intent to help in a suicide In case the defendant unintentionally aided or encouraged a person to commit suicide without intent, he can't be found guilty of this crime. The person didn't have intent to commit a suicide Maybe the person who attempted or committed suicide didn't have actual intent to kill himself. The attempt or the death may have been an accident.California Penalties for Assisting, Aiding or Encouraging Suicide
Under California law aiding, advising or encouraging a suicide is considered a felony. The punishment depends on whether the person survived the suicide or not. Defendant can receive lighter punishment in case the person has survived.What are the Penalties for Penal Code 401?
The possible penalties under Penal Code 401 Aiding, Advising or Encouraging Suicide" include:- Sixteen months, two or three years in California state prison; and/or
- A fine of up to $10,000
- Felony probation
Glendale Criminal Defense Lawyers
Our Glendale criminal defense lawyers experienced penal code 401 charges and are here to answer any questions If you or a loved one has been charged with penal code 401 and you would like to discuss your case confidentially with one of our criminal defense lawyers at {meta.phoneFormatted}. - Read More
California Penal Code 273a Child Endangerment
According to California Penal Code 273a, child endangerment is crime that involves putting a child into a dangerous situation or allowing another person to do so, without taking reasonable steps to protect him from injury and harm.Elements of California Penal Code 273a Child Endangerment
Prosecutor must establish the following elements to prove that defendant committed child endangerment.- Defendant willfully imposed unjustifiable mental suffering or physical pain on a child, caused such suffering or pain or allowed such suffering or pain to occur when the child was in his custody.
- Defendant acted in a way that was likely to produce great bodily injury or death upon a child
- Defendant was criminally negligent
- Defendant did not act reasonably while disciplining the child.
- He acted in a reckless way that created a high risk of great bodily injury or death upon a child
- A reasonable person would have known that acting that way would probably and normally result in harm to a child.
Examples of Child Endangerment
Some examples of conduct including in the child endangerment- Negligently leaving a child with a person who has a history of abusive behavior
- Leaving dangerous firearms unlocked and loaded within a child's reach
- Failing to get medical treatment for an injured or sick child
- Involving a child in drugs transportation, manufacture or sale
- Driving under the influence
Penalties for California Child Endangerment
The punishment for violation of PC 273 mainly depends on whether or not the defendant's acts created a risk of great bodily harm or death to the child.Misdemeanor Penalties for California Child Endangerment
Misdemeanor penalties for California Child Endangerment may include:- Up to 12 months in a county jai
- A fine up to $1,000
- Minimum 4 years of misdemeanor probation
- Completion of a 12-month Child abuser treatment program
- Possible issuance of a protective order to keep the defendant away from the child
Felony Penalties for California Child Endangerment
Felony penalties for child endangerment can include:- Two, four or six years in a state prison
- A fine up to $10,000
- Minimum 4 years of formal probation
- Completion of a 12-month Child abuser treatment program
- Possible issuance of a protective order to keep the defendant away from the child
- A "strike" on defendant's record under California's "Three Strikes" law
Sentencing Enhancement for Causing Great Bodily Injury in Child Endangerment Cases
Sentencing Enhancements for causing great bodily injury in California child endangerment cases- Defendant will receive an additional and consecutive three to six years in prison in case he personally and actually caused great bodily injury on the child, or
- Defendant will receive an additional and consecutive four years in prison in case the child died as a result of the defendant's criminal negligence
Glendale Criminal Defense Lawyer
If you are a loved one has been charged with violating California Penal Code 273a, child endangerment contact our Glendale criminal defense lawyer today at {meta.phoneFormatted} for a consultation.