Under California Penal Code Section 182 conspiracy is an agreement between two or more people to commit a crime and an action taken by one or more parties of a conspiracy in furtherance of the criminal objectives of the conspiracy. Prosecutor must prove the following elements for convicting defendant in conspiracy:

• Defendant deliberately entered into an agreement with another person or persons for committing a crime
• Defendant committed an overt act in furtherance of the agreement
• The overt act was committed in California

The Overt Act in California Conspiracy Charges

The overt act is an act that is completed in order to help the group to accomplish the agreed upon crime. The act should be performed after the defendant entered into the agreement and before the crime is completed. The overt act is something more than the act of planning or agreeing to commit a crime, but it is not a crime itself. The overt act can be something as trivial as renting a car, writing a letter or making a phone call.

Criminal Liability under Penal Code Section 182

Criminal Liability under Penal Code Section 182 are as follows

• Conspiracy and the target crime of the conspiracy are two different charges. Defendant can be convicted of a conspiracy even if the crime was not committed.
• Defendant is liable for all the crimes he has planned to commit, with no importance which member commits the crime.
• For being convicted defendant doesn't have to personally know the roles or identity of all other members of conspiracy.
• Defendant is not liable for the acts of other members of conspiracy that are performed after reaching the goal of the conspiracy
• Defendant is not liable for the acts of another person who is not a member of the conspiracy even if his acts helped to reach the goal of the conspiracy.

Penalties for violating California Penal Code Section 182

Under California Penal Code Section 182 there are four types of penalties for different types of conspiracies. Conspiracy against a government official In case the defendant is guilty of conspiring to commit a crime against a governmental official he will face a felony conviction, punishable le by five, seven or nine years imprisonment in a jail. Conspiracy to commit fraud In case the defendant is guilty of conspiring to defraud or cheat another person out of property or money he will face a wobbler, with either a misdemeanor or a felony conviction, depending on the case facts and his criminal history.

Penalties for Misdemeanor Conspiracy Conviction

Penalties for Misdemeanor Conspiracy Conviction include the following

• Up to one year in a county jail
• Fine up to $10,000

Penalties for Felony Conspiracy Conviction

Penalties for Felony Conspiracy Conviction include the following

• Sixteen months, two or three years in county jail
• Fine up to $10,000

Conspiracy to Commit More Than One Felony

In case the defendant is convicted of committing two or more felonies which have different punishments and the commission of those felonies constitute but one crime of conspiracy, the punishment must be that prescribed for the felony which has the severe sentence. All Other Acts of Conspiracy In case the defendant is guilty of any other acts of conspiracy, he will face a wobbler conviction, punishable in the above described manner. The only exception is a conspiracy to commit identity theft where the fine may be imposed to $25,000.

California Conspiracy Defense Lawyer

Are you in search of legal assistance? Our lawyers in Glendale, Los Angeles, California, can provide you with services within multiple practice areas of law.

Under California Penal Code 21a and 664 (PC- 21a) and (PC-664)an attempt crime is an act of intending to commit a crime and taking direct but ultimately ineffective steps toward committing that crime. According to Judicial Council of California's Criminal Jury Instructions prosecutor must establish the following elements for proving that defendant attempted a crime:

• Defendant specifically intended to commit a crime
• Defendant took a direct but ineffective step toward the commission of that crime

Specific Intent Defendant can't be found guilty of a crime of attempt unless it can be proven that he had a specific intent to commit the underlying crime. Defendant can commit the crime of attempt even if he has changed his mind before actually completing the crime.

Direct Step Toward the Commission of a Crime

Direct step requires more just preparing or planning to commit a crime, or obtaining or arranging for something needed to commit crime. A direct step goes beyond preparation and planning and shows explicit and definite intent to commit a crime. It is not a simple desire to commit a crime; it must be an obviously evident step toward the commission of the crime that would have come to fruition. In case the plan is abandoned at any time before the direct step, the defendant cannot be found guilty.

Differences Between Conspiracy and Attempt Crimes in California

Under California PC defendant is guilty of conspiracy when:

• He intentionally entered into an agreement with one or more other people to commit a crime
• He committed an overt act in furtherance of that agreement

Subsequently, conspiracy requires an agreement with another person while there is no such requirement in an attempt crime. And the "overt act" does not need to be as a direct step toward committing the crime, it can just be an act of preparation to commit a crime. Common attempt crimes in California:

• Attempted Murder: California Penal Code Section 664/187
• Attempted Robbery: California Penal Code Section 664/211
• Attempted Rape: California Penal Code Section 664/261
• Attempted Burglary: California Penal Code Section 664/459
• Attempted Kidnapping: California Penal Code Section 664/207
• Attempted Theft: California Penal Code Section 664/484

Penalties for Attempt Crime Penal Code 664

Under California PC Section 664 attempted crime can be charged as either a misdemeanors or felony offense, depending on the underlying crime. Potential penalties for most attempted crimes include:

• Half the potential county jail or California state prison sentence for the underlying offense
• Half the maximum potential fines for the underlying offense

The general rule is that the maximum sentence for an attempted crime depends on the maximum sentence for the crime the defendant is alleged to have attempted. Here are few exceptions to the rule:

• In case the crime of attempting carries a potential sentence of either life in prison or the death penalty, defendant will be sentenced to five, seven, or nine years in California state prison
• In case the defendant is convicted of attempted murder in the first degree (willfully and with premeditation) he will be sentenced to life in prison with the possibility of parole.
• In case the attempted murder was made against a peace officer, a firefighter or custodial officer defendant will receive a sentence of fifteen years to life in state prison, with an added mandatory minimum sentence without parole for 15 years.

Have you been arrested for a crime in or around Los Angeles County, California? If so, a Glendale criminal defense lawyer from KAASS Law can provide you with legal assistance today.

The Unruh Civil Rights Act, California Civil Code Sections 51 and 52, provides protection from discrimination by all business establishments in California, including housing and public accommodations. The Unruh Act was designed to protect people rights from arbitrary discrimination and to guarantee their rights to equal and full access to all public accommodations.

California Civil Code 51(b) and Equal Accommodations

California Civil Code Section 51(b) defines the regulations under the Unruh Civil Rights Act: "All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever."

Discrimination by a Business Establishment

While the Unruh Civil Rights Act specifically indicates discrimination based on "sex, race, religion, age, color, national origin, ancestry, medical condition, disability, marital status, genetic information or sexual orientation", the California Supreme Court has held, that protections under the Act are not only necessarily limited to the mentioned characteristics. The Unruh Act includes all intentional and arbitrary discrimination by a business establishment based on personal characteristics related to the above mentioned ones.

What Is Considered to Be a Business Establishment According the Unruh Act?

The list includes some examples of business establishments that are covered by the Act. The list is non-exhaustive, and can include any place of public accommodation:

• Retail Establishments
• Hotels and Motels
• Non-Profit Organizations that are a public accommodation or have a business purpose
• Restaurants and Bars
• Hospitals
• Barber and Beauty Shops
• Theaters
• Housing Accommodations
• Retail Establishments
• Golf Courses
• Public Agencies
• Retail Shops
• Fitness Clubs

California Department of Fair Employment and Housing (DFEH)

If you believe that a business establishment has violated the Unruh Act, you can file a complaint with the California Department of Fair Employment and Housing (DFEH). DFEH is not an advocate for the complaining person or for the business establishment. Department of Fair Employment and Housing represents the State of California. If possible, DFEH will try to assist both parties in resolving the complaint. In case a voluntary settlement cannot be reached, and there is enough evidence of violation, DFEH can issue a civil complaint. Generally the complaint must be filed within one year of the violation. Though, in case the discrimination has connection with hate violence, a person has one year from the day he becomes aware of the committer's identity to file the complaint, but not more three years from the date of the injury. If a individual wishes to file lawsuit directly through the courts he can do so without involving DFEH.

Remedies for Discrimination Violation Under Unruh Act

Possible remedies for violations of the Unruh Act can include:

• General and special damages
• Injunctive relief
• Cease and desist orders
• Out-of-pocket expenses
• Attorney's fees.
• Damages for emotional distress

Court-ordered damages can include up to three times the total amount of the actual damages, also known as "treble damages", but not less than $4,000 for each offense.

California Civil Rights Discrimination Attorney

If you believe that you have been discriminated against in housing or by a business, our employment law attorneys at KAASS Law can evaluate your case understand your rights under the Unruh Act and other California anti-discrimination laws, and take your case to trial or secure a fair settlement.

Under California Penal Code 417, it is illegal to draw or exhibiting a deadly weapon in a threatening or rude manner in the presence of another person.

To Be Found Guilty of Penal Code Section 417 Brandishing a Weapon

Prosecutor must establish the following elements of the crime are proved for convicting defendant under Penal Code Section 417

• Defendant took out, exhibited or drew a firearm or other deadly weapon in the presence of another person
• Defendant did so in a rude, angry or threatening manner, or did so unlawfully while engaged in an argument or fight
• Defendant was not acting in self-defense or in defense of another person.

Deadly weapon is any instrument, object or weapon that is inherently deadly or one that is used in such a way that it likely to cause great bodily injury or death. Examples of deadly weapons can include razor blades, knives, pipes and attack dogs.

What is Considered a "Firearm" Under Penal Code Section 417 PC

For the purposes of Penal Code Section 417 PC a firearm is any device designed to be used as a weapon, from which a projectile is expelled or discharged through a barrel by the force of an explosion or other form of combustion. Examples of firearm can include rifles, pistols, shotguns and handguns. The displayed or exhibited firearm does not have to be loaded. Defendant can face charges for brandishing a weapon in case he waves an unloaded gun around in a frenzied or angry or manner.

Presence of Another Person

According to Penal Code Section 417 PC, the defendant must draw or exhibit the weapon in the presence of another person. The defendant can be charged even if he didn't point the weapon at another one, didn't fire the gun or the alleged victim didn't saw the weapon.

Defenses to California Penal Code Section 417 Charges

Defenses to California Penal Code Section 417 charges include

• Defendant did not exhibit a deadly weapon in the presence of another one
• Defendant was acting in self-defense or in the defense of another person by drawing or exhibiting a deadly weapon
• Defendant was showing the weapon to someone in a non-threatening manner
• Defendant was falsely accused by the alleged victim.

Penalties for violating California Penal Code Section 417

Under PC Section 417 brandishing a deadly weapon other than a firearm is considered misdemeanor punishable by minimum 30 days and up to one year in a county jail. There are numerous circumstances that can increase the sentence:

PC 417(a)(2)(A): Brandishing an Unloaded Firearm

In case the defendant used an unloaded firearm such as a revolver or a pistol to threaten another person in public, the sentence will increase to:

• Minimum 90 days and up to one year a county jail
• A fine of up to $1,000

PC 417(b): PC 417.3 Brandishing a Loaded Firearm

In case the defendant threatened another person with a loaded firearm he will face a felony with 16 months to 3 years sentence in a county jail.

PC 417.6(a): Brandishing a Weapon or Firearm Causing Serious Bodily Injury

In case the defendant purposely caused injury to another person while committing the crime, he can be additionally charged with:

• A misdemeanor, punishable by up to one year in a county jail, or
• A felony, punishable by up to 3 years in the state prison.

PC 417(c): Brandishing a Firearm in the Presence of a Peace Officer

In case the defendant threatened a peace officer on duty with a firearm he can be charged with:

• A misdemeanor, punishable with a minimum of 9 months in ta county jail, or
• A felony with 16 months to 3 years in in the state prison.

PC 417.8 Brandishing a Firearm with Intent to Resist Arrest

In case the defendant attempted to resist arrest or help another person to resist arrest by brandishing a firearm he can face a felony, punishable by 2, 3 or 4 years in the state prison.

California Criminal Defense Attorney

Do you require legal help from a lawyer near you? If you are located near Los Angeles, California, our criminal defense attorneys at KAASS Law can provide you with the services you require.

According to California Penal Code Section 245(a)(1), assault with a deadly weapon is an unlawful attempt to cause bodily harm to another person using a weapon or using force likely to cause great bodily harm.

California Assault with a Deadly Weapon PC-245

Prosecutor must establish the following elements to prove an allegation of assault with a deadly weapon.

• Defendant committed assault with a deadly weapon that by its nature would likely and directly result in the application of force on another one or the defendant didn't use a weapon but used force likely to produce great bodily injury
• Defendant acted intentionally
• Defendant was aware of facts that would cause a reasonable person to understand that the act would directly and probably result in the use of force to another one
• Defendant had the present ability to use force on another person

Unlike battery, physical contact is not required to take place for someone to get arrested and convicted for assault.

What is a Deadly Weapon?

Deadly weapon is defined as any object or instrument that is inherently deadly or which can be used in such a way as to cause death or great bodily harm.

Legal Defenses to PC Section 245(a)(1) Charges

Some common defenses to an assault with a deadly weapon charge?

• Self Defense: Defendant can argue that he was acting in his own defense or the defense of another person.
• Consent: Defendant can argue that the victim agreed with his conduct
• False Facts: Defendant can argue that the allegations against him are inappropriate or false.
• Involuntary Act: Defendant can argue that the action which caused the assault was unintentional or involuntary.

Penalties for Violating California PC Section 245

In California assault with a deadly weapon is considered a "wobbler", and can be charged as either a felony or misdemeanor offense depending on the case facts and defendant's criminal record. The prosecution will take into account different factors such as the type of weapon, the extent of the victim's injuries and the manner in which the assault was conducted.

Penalties for Misdemeanor Assault with Deadly Weapon Conviction

Penalties for misdemeanor assault with deadly weapon conviction are the following:

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

Penalties for Felony Assault with Deadly Weapon Conviction

Penalties for felony assault with deadly weapon conviction are the following:

• Up to 4 years in a county jail
• A fine of up to$10,000.
• Felony probation

There are some factors that can increase the penalties beyond this range, such as:

• Use of a semiautomatic weapon

The defendant can be sentenced to up to 9 years in prison if he is convicted of assault using a semiautomatic firearm such as a rifle or handgun.

• Use of an automatic weapon

The defendant can be sentenced to up to 12 years in prison if he is convicted of an assault using an automatic weapon such as a .50 BMG rifle, machine-gun or an assault weapon.

• The victim was a firefighter or police officer

The defendant can be sentenced to up 12 years in prison if the victim was a police officer or firefighter on duty at the time the assault took place.

• Felony Strike

A felony conviction under PC Section 245 can also result in a "strike" for the purposes of California's "Three-Strike" law. Three strikes on defendant's criminal record mean that he can be sentenced to life in prison without parole. Are you in need of a criminal defense attorney in California? Get in touch with KAASS Law if you would like us to take a look into your criminal matter.

According to California Penal Code Section 415 the crime of disturbing the peace occurs whenever a person unlawfully fights or challenges another one to fight in public; intentionally disturbs another one with loud and unreasonable noise; or, uses offensive words to provoke violence in public. Fighting or challenging another person to a fight in a public place The prosecutor must establish the following elements to prove that defendant disturbed the peace by fighting or challenging another person to a fight in a public place:

• Defendant intentionally and unlawfully fought or challenged another person to fight.
• When the fight occurred or the challenge was made defendant and another person were in a public place
• Defendant did not act in self-defense or in the defense of another one.

Intentionally disturbing another person by loud and unreasonable noise The prosecutor must establish the following elements to prove that defendant disturbed the peace by intentionally disturbing another person by loud and unreasonable noise:

• Defendant intentionally disturbed another person by causing loud and unreasonable noise
• There was a present and clear danger of immediate violence or
• The noise was used for disrupting lawful activities.

Using offensive words to provoke violent reaction in public The prosecutor must establish the following elements to prove that defendant disturbed the peace by using offensive words to provoke violent reaction in public:

• Defendant used offensive words that were likely to provoke an immediate violence and provoke another person to react violently
• There was a present and clear danger that another person would immediately erupt into violence.

"Offensive words" are determined on a case-by-case basis. Words that are profane, vulgar, abusive, rude or disrespectful by themselves can't result in a disturbing the peace charge. The words must have been told in a way to provoke a violent response.

Legal Defenses to a Disturbing the Peace Charges

Defendant didn't act intentionally In case the defendant did not act maliciously, willfully, with intention of inciting violence and he reasonably believed that his words won't provoke a violent reaction, he can't be found guilty of disturbing the peace. Defendant was acting in self- defense In terms of unlawful fighting, defendant can't be found guilty of disturbing the peace in case he was acting is self-defense or in defense of another person. Defendant was falsely accused and wrongly arrested There are number of reasons when a defendant can be falsely accused of disturbing the peace. These usually arise in the context of fights with neighbors, domestic disputes or fights with drunk people, who claim that defendant took a swing at them or challenged them to a fight. Defendant was engaged in a constitutionally protected activity In case defendant's speech or conduct was protected by the right to free speech under the First Amendment to the US Constitution he is not guilty of disturbing the peace. Penalties for violating California Penal Code Section 415 Under PC Section 415 disturbing the peace is a wobbler offense, and can be brought as either an infraction or a misdemeanor, depending on defendant's criminal history and the case facts. Infraction In case the defendant pleads guilty to an infraction he must pay a fine of up to $250.

Penalties for Misdemeanor Conviction:

• Up to 3 months in a county jail
• A fine of up to $400
• Probation

Penalties for disturbing the peace on school grounds In case the defendant disturbed the peace on school ground and was not registered as a student or employee at that school he will get a misdemeanor conviction. If the defendant had previously committed this offense or any other criminal offenses that took place on school grounds he can face:

• Up to 3 months in a county jail
• A fine of up to $1000.

If you have been arrested for disturbing the peace, a California criminal defense attorney from KAASS Law can provide you with legal assistance.

Under California Penal Code 529 False Impersonation it is illegal to impersonate another one, by using his name, in an effort to cause harm to that person or to unlawfully gain a benefit.

Elements Required for Prosecution To Successfully Convict a Defendant of Penal Code 529

Prosecutor must be able to prove that the defendant falsely impersonated another one through one of the following actions:

• Defendant posted bond or bail for a party by using another person's name.
• Defendant published, verified, acknowledged or proved a document in the name of another person to pass it off as true.
• Defendant committed an act that would cause another person to be criminally or civilly liable for the defendant's action, or to suffer any other charge or penalty

Additional Act

According to California PC Section 529 beyond merely falsely impersonating another person defendant must also commit an additional act. The act can be signing another person's name or booking photos or prints taken at the police department.

California False Impersonation Related Offenses

Several offenses related to PC Section 529 can be charged instead of or in addition to a charge of false impersonation. These include:

• False identification to a police officer: 148.9 PC
• Identity theft: 530.5 PC
• Theft by false pretenses: 532 PC
• Impersonating a police officer 538(d)

Differences between California Penal Code Section 529 False Impersonation and Penal Code 148.9 False Identification to a Police Officer

• According to PC Section 148.9 a person identifies himself as someone else to a peace officer who is legally arresting or detaining him
• An additional act is not required under PC Section 148.9
• Conviction under PC Section 148.9 is always a misdemeanor and not a wobbler as in case of PC Section 529

Defenses to PC Section 529 Charges

The Impersonated Person Doesn't Exist

In case the person was just someone totally fictional, the defendant cannot be convicted of this crime. Though, defendant can be liable for providing false information to a police officer. Defendant didn't create any liabilities for another person, or didn't gain any benefits The defendant can't be convicted of this crime in case his actions didn't create any legal or financial liability for another person or create any kind of benefit for him.

Penalties for California PC 529 Conviction

False impersonation is considered a "wobbler" and a prosecutor can choose to charge it as either a misdemeanor or a felony, depending on the defendant's criminal history the nature of the allegations;

Penalties for Misdemeanor Conviction Are the Following:

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

Penalties for Felony Conviction Are the Following:

• Felony probation
• Sixteen months, two or three years in county jail
• A fine of up to $10,000
• Restriction to own a firearm under California's "felon with a firearm" laws

Los Angeles Criminal Defense Lawyer

A criminal defense lawyer at KAASS Law can help provide you with the legal assistance and defense for Penal Code 529 False Impersonation charges. Contact our attorneys today for a consultation.

California Penal Code 422(a) prohibits any person who intentionally threatens to commit a crime that will result in great bodily injury or death to another, with the specific intent that the statement is to be taken as a threat, even if the person does not have actual intent to carry it out. Previously this offense was called "terrorist threats," though it can include any threats of harm or violence.

Elements of Penal Code 422(a) Making Criminal Threats

Prosecutor must establish the following elements for proving that the defendant is guilty of making criminal threats:

• Defendant intentionally threatened to illegally cause great bodily injury or kill another person
• Defendant made the threat in person, in writing, or by electronic means. Threats might be expressed through a telephone call, a computer, a video recorder or a text.
• Defendant intended that his statement be assumed as a threat
• The threat was so immediate, clear, specific and unconditional that it communicated to another person immediate prospect that it would be carried out
• Another person was reasonably feared for his safety or for the safety of his immediate family.

"Intention" Element in Making Criminal Threats Charges

The intention to hurt, injure or kill another person is the most important element of the offense. Even if defendant did not have intention to commit the crime, just threatening to cause a serious injury or to kill will be considered enough for being charged with the crime of criminal threat.

"Fear" Element in Making Criminal Threats Charges

Another important element of the crime is fear. According to the law for convicting defendant of criminal threat the victim should be placed in an actual fear and believe that the threat is credible. There should be no criminal threat charges in case the victim never showed any fear or did not appear to be scared.

Conditional and Empty Threat

Though according to Penal Code Section 422 a threat must be "so unequivocal, unconditional, specific and immediate as to convey to the person threatened", still some specific empty or conditional threats can be qualified as criminal offenses. To be considered a conditional threat, a threat should be formulated to reflect a certain condition. Conditional threats are considered criminal threats when there is a clear intent and possibility of performing them in case the victims doesn't meet the stated conditions. For example a threat to kill a person after getting out of prison is a conditional threat.

California Blackmail and Extortion Laws

Under extortion laws conditional threats can be identified as a blackmail or extortion, which can increase penalties for criminal threats. The empty threats are those ones that the person who is giving them does not intend to perform them but wants to make the victim scare. But in the face of the criminal threats prosecution, it's irrelevant whether or not the individual has real intention to perform the threat. It is only important that a person conveys the threat in a credible manner so that the victim reasonably believes in it.

Legal Defenses to California Penal Code Section 422(a) charges

Some legal defenses to California Penal Code Section 422(a) charges include the following

Unreasonable Threat Defense

In case the victim feels or does not feel threatened but the fear is unreasonable, then the defendant should not be considered guilty of this offense. Threat must be real and reasonable with the possibility to take place. So if it was unreasonable to perform the threat under certain circumstances it doesn't important whether the victim actually feared a threat or not.

False Accusation Defense

False accusation takes place when defendant is charged of a crime in a dishonest manner. Some people who are spiteful, angry or vengeful are able to falsely accuse another one for punishing him. Usually this kind of situation appears when the threat was verbal with no written or electronic evidence.

The Victim was Not Feared Defense

Fear is an important element in this crime and in case the defendant's threat didn't place the victim in fear then there is no criminal threats violation.

Penalties for California Penal Code 422(a) Making Criminal Threats

Penalties for violating California Penal Code Section 422(a) can be charged as a misdemeanor or felony. Under Penal Code Section 422 PC criminal threat is considered a wobbler and can be charged as either a misdemeanor or a felony, depending on the case circumstances and the defendant's criminal history.

California Penalties for a Misdemeanor Making Criminal Threats Conviction

Penalties for Penal Code 433(a) Making Criminal Threats for a misdemeanor conviction are the following:

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

California Penalties for a Felony Making Criminal Threats Conviction

Penalties for Penal Code 433(a) Making Criminal Threats for a felony conviction are the following:

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

The defendant will receive additional and consecutive one-year in the state prison in case he used a dangerous or deadly weapon for communicating the threat. Three Strikes Law Under California's Three Strikes Law this offense is a strike and can be used to enhance the penalties on future convictions. The defendant must serve at least 85% of his sentence before he will be eligible for release on parole.

Glendale Criminal Defense Lawyer

If you are a loved one has been charged with violating Penal Code 422(a) Making Criminal Threats contact our Glendale criminal defense lawyer at KAASS Law today at {meta.phoneFormatted} for a consultation.

According to California Vehicle Code 14601 (VC-14601), it is illegal to knowingly drive a motor vehicle at any time while the license or driving privileges are suspended or revoked.

Prosecution Must Establish the Following to Convict of VC 14601

Prosecution must establish the following elements to convict the defendant of driving with a suspended license

• Defendant drove a motor vehicle while his driving privileges were suspended or revoked for a valid reason
• Defendant knew that his driving privileges were suspended or revoked.

"Knowledge" Under California VC Section 14601

Prosecutor can prove the knowledge of suspended or revoked license in case the following is true:

• California Department of Motor Vehicles mailed a notice to defendant informing him that the driver's license had been suspended or revoked
• Notice was sent to the most recent address reported by the defendant to the DMV, or any more recent address reported by him, a law enforcement agency or a court
• Notice was not returned to the DMV as unclaimed or undeliverable

California statutes Driving with Suspended or Revoked License

California statutes on driving with suspended or revoked license include the following

Vehicle Code Section 14601

Under this section it is illegal to drive on a revoked or suspended license due to alcohol or drug abuse, mental or physical liability, reckless driving, or being declared an incompetent or negligent driver.

Penalties for First Offense for Vehicle Code Section 14601

Penalties for first offense for violating Vehicle Code Section 14601

• Five days to six months in a county jail
• Fine from $300 to $1000 plus penalty assessments
• Probation

Penalties for Second Offense Under Vehicle Code Section 14601

Penalties for Second Offense Under Vehicle Code Section 14601

• Ten days to one year in a county jail
• Fine from $500 to $2000 plus penalty assessments

Vehicle Code Section 14601.1

Under this section it is illegal to drive on a suspended or revoked license when defendant knows about the suspended or revoked license for any reasons that are not mentioned in sections 14601(a), 14601.2 or 14601.5 of the Vehicle Code. Penalties for first offense:

• Up to six months in a county jail
• Fine from $300 to $1000 plus penalty assessments
• Probation

Penalties for second offense within 5 years

• Five days to one year in a county jail
• Fine from $500 to $2000 plus penalty assessments.

Vehicle Code Section 14601.2

Under this section it is illegal to drive on a suspended or revoked license because of a DUI conviction.

Penalties for First Vehicle Code Section 14601.2 Offense

Penalties for first violation offense under Vehicle Code Section 14601.2 include the following

• Ten days to six months in a county jail
• Fine from $300 to $1000 plus penalty assessments
• Probation

Penalties for second violation offense under Vehicle Code Section 14601.2

Penalties for second violation offense under Vehicle Code Section 14601.2 include the following

• Thirty days to one year in a county jail
• Fine from $500 to $2000 plus penalty assessments
• Probation

Vehicle Code Section 14601.3

Under this section defendant can be declared a "habitual traffic offender" in case his driver's license was suspended or revoked during a twelve month period and he was convicted or involved in any combination of the following offenses:

• Two or more serious driving-related crimes
• Three or more general moving violations
• Three or more accidents where another person was injured and the total damage to the property was at least $750

Penalties for first offense

• 30 days in a county jail
• Fine of $1000 plus penalty assessments.

Penalties for second or subsequent offense:

• Six months in a county jail and
• Fine of $2000 plus penalty assessments
• Three-year license revocation for "habitual traffic offenders"

Vehicle Code Section 14601.4 Under this section it is illegal to drive on a suspended or revoked license pursuant to 14601.2 and cause injury to a person other than the driver. Penalties for first offense:

• Ten days to six months in a county jail
• Installation of an ignition interlocking device in defendant's vehicle

Vehicle Code Section 14601.5 Under this section it is illegal to drive on a suspended or revoked license based on refusing sobriety tests or BAC levels too high. Penalties for first offense:

• Up to 180 days in a county jail
• Fine from $300 to $1000 plus penalty assessments
• Probation

Penalties for second offense within 5 years:

• Ten days to six months in a county jail

Fine from $500 to $2000 plus penalty assessments. If you are in need of legal assistance with a court case in California, our attorneys at KAASS Law would be happy to assist you.

California Penal Code Sections 484e, 484f, 484g, 484h, 484i and 484j define and punish the crimes that comprise credit card and debit card fraud and specifically prohibit forging, altering, stealing, counterfeiting or publishing information about credit or debit cards.

List of Specific Acts as Pertains to Credit Card Fraud:

• Penal Code Section 484e – Stolen Credit Card
• Penal Code Section 484f – Forging Credit Card Information
• Penal Code Section 484g – Fraudulent Use of Access Card or Account Information
• Penal Code Section 484i – Counterfeiting Credit Cards
• Penal Code Section 484j – Publishing Credit Card Information

California Penal Code Section 484e

PC Section 484e covers the acts of stealing, transferring or acquiring another person's credit/debit card or account information without the cardholder's consent.

Penalties for Violating PC Section 484e

PC Section 484e is a "wobbler" offense and can be charged as either a misdemeanor or felony depending on the case facts and defendant's criminal history.

Penalties for Misdemeanor Conviction:

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

Felony conviction is likely in case the defendant used the card or its information and acquired property or goods worth more than $950, which is grand theft.

Penalties for Felony Conviction:

• Probation and up to one year in a county jail
• 16 months, two or three years in a county jail,
• A fine up to $10,000

California Penal Code Section 484f

PC Section 484f covers the act of forging credit card information. Defendant can be convicted in case he altered or counterfeited a credit card, or forged a signature on it. Penalties for violating PC Section 484e PC Section 484 e is charged as either a misdemeanor or felony pursuant to PC 470 California's forgery law.

Penalties for misdemeanor conviction:

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

Penalties for felony conviction:

• 16 months, two or three years in a county jail
• A fine up to $10,000
• Restitution to the victim.

California Penal Code Section 484g

PC Section 484g involves using a fake, stolen, altered, forged, revoked or expired credit card to procure goods or cash while knowing that it is not valid.

California Penal Code Section 484h

This crime takes place when a retailer knowingly accepts payment through a stolen, revoked and expired credit card. Retailer can also be charges under PC 484h when he presents a fake evidence of a transaction for services or goods that were never delivered.

Penalties for Violating California PC Sections 484g and 484h

California PC Sections 484g and 484h are treated like petty theft misdemeanors in case the total amount of stolen funds is $950 or less, punishable by six months in a county jail. In case the total amount of stolen funds exceeds$950, the offenses are treated like grand theft and are "wobblers" which can be punished by up to three years in a prison.

California Penal Code Section 484i

This crime involves:

• Possessing of an incomplete credit card with intention to complete it without the consent of card issuer
• Modifying or altering the card by changing the magnetic stripe that contains identifying information
• Possessing the tools to make counterfeit credit cards.

Penalties for Violating California PC Section 484i

Defendant will face a misdemeanor conviction for possession of an incomplete credit card with intention to complete it, punishable by:

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

In case the defendant changed the card or information contained within the card then the crime becomes forgery under Penal Code Section 470. If defendant is convicted for possession of tools for making counterfeit credit cards, he will face a wobbler.

Penalties for misdemeanor conviction:

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

Penalties for felony conviction:

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

California Penal Code Section 484j

This crime involves deliberately sharing credit card information, including PIN numbers, passwords or other private account information with intention to defraud an entity or person.

Penalties for Violating California PC Section 484j

PC Section 484j is a misdemeanor, punishable by:

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

Are you in need of an attorney in Los Angeles, CA? A Glendale criminal defense lawyer at KAASS Law can provide you with the legal assistance you require.

California Credit Card Fraud Video

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