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LOS ANGELES CRIMINAL DEFENSE BLOG

California PC 273(a) – Child Endangerment

Placing a child in a potentially harmful situation

Child endangerment is placing a child in a potentially harmful situation, either through negligence or misconduct. It is generally considered to be a domestic violence crime, but unlike the crime of child abuse, to be convicted of child endangerment does not require that the child suffered an actual injury.

Penal Code 273(a) punishes what is known as “child endangerment”, and in order to prosecute for Penal Code 273(a), the state has the burden to prove that the defendant was guilty of:

Resisting Arrest: California Penal Code 148

Willfully resisting, delaying, or obstructing a public officer

Under California Penal Code 148(a) PC, it is illegal to willfully resist, delay, or obstruct any public officer, peace officer or emergency medical technician (EMT) in the discharge of his or her official duties. When force or violence is directed at police officers and firefighters, the crime of “Battery on a Peace Officer” (Penal Code 243) may be committed and the offender will face stricter penalties.

Penal Code 148

This offense is commonly called “resisting arrest” and is a misdemeanor offense. In order to convict you of resisting arrest, the prosecution must prove:

California DUI Sentencing Alternatives

Community service may be available to DUI offenders

Because drivers who are convicted of driving under the influence (DUI) face wide ranging consequences, including license suspensions, substantial fines, and jail time, courts have experimented with “alternative sentencing.” Courts and prosecutors in California have devised these sentencing alternatives in lieu of jail time and as part of plea bargain agreements. Instead of a fine or spending time in prison, an offender is given the option of completing a set number of hours of unpaid work in a nonprofit organization. The community service alternative is generally in conjunction with a probation requirement. Typically, sentencing is suspended while the DUI offender works to comply with whatever the sentencing alternative might be.

Community service alternatives sometimes involve working at state or non-profit organizations such as Caltrans, the Salvation Army, the Red Cross, YMCA, or other charitable organization. The work varies widely in nature and may include picking up trash at parks, graffiti removal, or freeway cleanup or school maintenance. In other instances, offenders with professional skills like, carpenters, plumbers, electricians, doctors, dentists, etc., can donate their time to social service agencies.

Insurance Fraud in California

Vigorous enforcement by the Department of Insurance

The California Department of Insurance’s Fraud Division investigates cases that most often involve criminal acts involving automobile property and personal injury, workers’ compensation, health insurance and residential and commercial property claims. These cases involve fraud that occurs when someone knowingly lies to obtain some benefit or advantage to which they are not otherwise entitled or someone knowingly denies some benefit that is due and to which someone is entitled. Depending on the specific issues involved, an alleged wrongful act may be handled as an administrative action by the Department. The Fraud Division may handle a case as a criminal matter when the law requires investigation under various felony provisions of the Penal and Insurance Codes.

The types of fraud crimes investigated by the department include automobile collision, automobile property medical, life, workers’ compensation, fire, property, and healthcare. Various offenses are defined in California Penal Code Sections 548 through 551.

Assault on A Peace Officer

Special allegations

In California, using violence willfully and unlawfully against another person and threatening to use violence are both crimes under state law and are known, respectively as battery and assault. When an individual assaults law enforcement officials or firefighters, who are legally known as “peace officers,” he or she faces stricter penalties than assault committed against other individuals.

An incident at a Isla Vista street party left one young participant, Desmond Louis Edwards of Los Angeles, facing multiple charges, including assaulting a police officer. He later appeared in Santa Barbara Superior Court, at his arraignment on multiple felony charges. Edwards, 17, allegedly swung a backpack full of liquor bottles into the face of a UCSB police officer on Del Playa Drive during the unsanctioned Deltopia street party. The officer required some 20 sutures to closed his wound, according to the Sheriff’s Department.

Parole Violations

A Conditional Release

Parole is a conditional release from prison and all parolee’s are subject to statutory requirements as a condition to their release from state prison. Some of these requirements include, but are not limited to; defined placement as to where they may legally reside, including what county they must reside in while on parole. Being paroled implies consent to be searched with or without a warrant and with or without cause. A parolee may also be required to register with local authorities. Violations of any of these requirements may result in further punitive actions.

Failed drug test

Typically, a failed drug screen test is considered a serious parole violation, as is the possession of the drugs you are being screened for. A positive drug test simply establishes the proof that you committed a crime. Certain actions you may have taken while under the influence of the drugs, could also be the basis to charge you with additional offenses, such as driving under the influence (DUI).

Concealed Weapons Charges in California

California Penal Code 25400 PC

Weapons charges are a serious offense in the state of California, and carrying a concealed weapon has the potential of being a felony. The determination of whether a weapons charge is considered a felony or misdemeanor depends on the kind of weapon the defendant is in possession of upon arrest, intent with the weapon, and prior criminal offenses.

Carrying a concealed weapon requires that the person conceal the weapon in his/her vehicle or on their person in order to be convicted. The weapon must also be within the immediate possession of the person where they can reach for it easily. A handgun in the trunk of a car, though concealed, is not readily accessible so the District Attorney would be unable to file a concealed weapon charge under this law. If you are carrying a weapon in plain view, such as being on the seat of the vehicle, you aren’t guilty of violating this particular law (Penal Code 25400 PC). Although, in this situation, other state laws against carrying a loaded firearm (Penal Code 25850 PC), or openly carrying an unloaded firearm in public (Penal Code 26350 PC) may apply.

More than 100 Arrests at Deltopia

Spring break party turns into Riot

Spring break is a rite of passage for many American college students, one that is usually notable for a temporary lapse in the normal standards of behavior. Most often these events leads to little consequences beyond a few alcohol fogged memories. Sometime, in the midst of uninhibited behavior, s single incident may be just enough to spark violence. This is just what happened recently in Isla Vista, a community with a past history of spring break excesses.

Violence broke out in the densely populated beachside community on a Saturday during the annual spring break party known as Deltopia, according to the Santa Barbara County Sheriff’s office. The unsanctioned event drew about 15,000 people.

Vehicular Manslaughter

Fatalities resulting from driving

California law defines four classes of traffic fatalities that result from reckless or intoxicated operation of a vehicle. They are progressively more serious in nature dependent on the degree of recklessness and whether alcohol was involved. They are vehicular manslaughter, vehicular manslaughter while intoxicated, gross vehicular manslaughter while intoxicated, or second-degree murder.

Vehicular Manslaughter

California law allows someone to be charged and convicted of vehicular manslaughter when the driver of a motor vehicle causes an accident by violating a traffic law, or by being negligent, or gross negligence, and another person dies as a result. Vehicular manslaughter laws punish acts of driving that kill another person because a person drives in an unlawful way or dangerous way, such as distracted driving.

Penal Code Section 148: Resisting, Delaying, or Obstructing an Officer

Penal Code Section 148: Resisting, Delaying, or Obstructing an Officer

Not only resisting

The crime that is most commonly referred to as “resisting arrest” is described in California Penal Code 148. Though commonly thought of as fighting off an attempted arrest, the law in fact covers a wider range of situations including delaying or obstructing an officer. If an officer with an arrest warrant is resisted by the person being arrested, the resistance becomes a new, separate charge. But, in many situations, someone is charged solely with resisting arrest.

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