Category Archives for Misc

Dissuading a Witness

Dissuading a Witness 136.1 PC

Dissuading a Witness. The legal definition of it is to 1. knowingly and with intentdissuading a witness 2. to prevent or attempt to dissuade 3. a victim of a crime or a witness from attending or testifying. reporting or aiding in prosecution. Or aiding in the actual arrest. What it means to knowingly dissuade a witness means you knew you did it for the purpose of that specific crime. if you were unaware that a person was a witness or victim then the crime cant punish you. To act maliciously or with intent means to do it for criminal purposes. This could be annoy or harming someone or to cause a disturbance. If you did it for a family member, and you wanted to look out for them the crime does not believe you did it for malice. it’s important to know that dissuading a witness does not always have to be successful. trying to dissuade a witness is enough to be charged with this crime.

Punishments for Dissuading a Witness

By itself dissuading a witness is a wobbler. This means it can be charged as either a misdemeanor or a felony. However if you were involved with this crime due to a conspiracy. By using force. Second time dissuading a witness. Or because you were hired by someone else. Then the offense becomes an automatic felony. As a misdemeanor you can see a year in jail with a $1,000 fine. It also comes with a 10 year ban on your right to own guns. As a felony you can see up to 4 years in prison with a $10,000 fine. Also you will be banned from owning a gun for life. Some enhancements include using a gun which could add up to 10 years in prison. If the crime was done for a gang then you can get seven year to life prison sentence.

If you or a loved one was charged with dissuading a witness. Its important to talk to an attorney that can help you out.

Eavesdropping 632 PC

Eavesdropping 632 PC

What is eavesdropping? The elements of eavesdropping is not as simple as it seems. If a person walks into the bathroom while you were using it and started to talk to someone else. Although you may be listening in onto someone’s conversation, you did not actually commit a crime. This is because eavesdropping has to be fulfilled by 4 conditions. 1. The eavesdropping has to be intentional and not accidental like in the case above. 2. it needs to happen without the permission of the parties in order for you listen. If just one side allows you but the other does not, it is still eavesdropping. 3. the conversation itself needs to be private, this can be shown by one party reasonably showing that they do not want anyone else to listen. 4. the act of eavesdropping used an electronic sound amplifier, or recording device to either hear it or record it. However today people can have a lot of their conversations confidentially through cell phone calls. If you intercept a cell phone call, you face the same penalty for eavesdropping.

Punishments for eavesdropping

The crime can be charged as either a misdemeanor or a felony. The prosecutor has the choice and can depends on the facts of the case and your criminal history. As a misdemeanor you can see up to a year in jail with up to a $2,500 fine. As a felony you can see up to 3 years in prison and the same fine. Its important to know although you may have eavesdropped for good purposes you cannot use any of the evidence since the way you obtained the recordings is illegal. I.E. if you planted a recording device in your room to expose your roommate for selling narcotics. Also, you may find yourself paying civil damageseavesdropping to the person you listened into. If the person claims that they suffered damages because of you, they can sue you for up to 3 times the amount of damage or $5,000 whatever is greater. However if they didn’t suffer damages they can still sue you for the $5,000.

If you were charged with this crime. Come see an attorney, there is always an option.

Illegal Fireworks 12500-12728 HS

Illegal Fireworks 12500-12728 HS

Illegal fireworks are simple to understand. They are dangerous fireworks that are always illegal unless you have a special license. Or they are “safe and sane” fireworks that can be sold, bought, and used by the public as long as its under certain conditions. Example would be selling safe and sane fireworks from a licensed retailerillegal fireworks from June 28th till July 6th unless areas are more restrictive. Its illegal to have fireworks without a license that’s usually given by pyrotechnic operators that use them for entertainment purposes. This could include fourth of July or some other firework celebration. Its illegal to sell or give dangerous fireworks to minors (anyone under 18). Its also illegal to sell the safe and sane fireworks to anyone under 16.

What is a dangerous firework

Fireworks that are considered dangerous include fireworks that use arsenic sulfide, arsenites, chlorates, magnesium, phosphorous, zirconium, etc.. Fire crackers, sky-rocket, rockets, and sparklers bigger than 10 inches long or 1/4 inch in diameter. Or any fireworks that the state fire marshal says is unsafe for use for anyone not trained. These fireworks are limited for indurstrial,commercial, agricultural, or ceremonial use. Safe and Sane fireworks will always have a seal that says. “State of California, State Firemarshall Registered Fireworks” any fireworks without the seal are considered illegal.

Punishments for Illegal Fireworks

If you possess large amounts of illegal fireworks, it doesnt matter why you have so many your penalty will increase. If it is 25 to 100 pounds of fireworks its a misdemeanor. You can see a year in jail and up to a $5,000 fine. 101 to 5,000 pounds can be punished as either a misdemeanor or a felony. It depends on the case and your criminal history. as a misdemeanor its up to $10,000 in fines and a year in jail. As a felony its the same fine with 3  years in prison. Each day you sell fireworks illegally is a separate violation. If you have a permit then the state fire marshall will revoke that license.

If you or someone you know was charged with illegal fireworks, talk to an attorney to know your options.

Prohibited Weapons

Prohibited Weapons

In order to know some of the laws for possessing prohibited weapons, we have to know what counts as a prohibited weapon. An air gauge knife, ammunition that uses a fléchette dart. A ballistic knife or a belt buckle knife. Bullets that have an explosive ingredient. A camouflaging firearm container (ie. suitcase that fits a gun). Cane guns, or cane swords. Concealable daggers, explosives agent (other than fixed ammunition). Firearms that cannot be immediately identified as a firearm (ie. a gun ring). Large capacity magazines. A billy, which is a a weapon that consists of a leaded cane or something like it. Metal knuckles. Hand grenades or replicas unless it is permanently inert. A burst trigger activator. Nunchucks. Short barrel rifles/shotguns. Shurikens. Wallet guns .An undetectable firearm such as a plastic pistol. And zip guns.  In essence many weapons disguised as something else that’s not a weapon is illegal. In California it is illegal to make, import, keep to sell, give, lend, or even have any of these kind of weapons. To be charged with possessing or selling these weapons the prosecutor has to prove certain elements. If it is a firearm then it has to be one of the prohibited types. Conventional guns are legal for adults to own. The only exception to the adults are felons, addicts to narcotics, people who brandished a weapon more than once, convicted certain misdemeanors, those with mental illness, and minors. Even if the gun itself is inoperable it can still be charged. You knowingly carried it on is a second factor. That means you knew it was a weapon and can be used as one. If you were unaware you can’t be charged. The real ability of a weapon is important as well. Although anything can be used as a weapon, its the real capability that can make or break it. A candlestick although can be used as a weapon, is not generally capable for fighting. A baseball bat however can. Some exceptions to prohibited weapons include martial art schools, use in movies, as an antique, approval by Department of Justiceprohibited weapons, etc.

Punishments for prohibited weapons

It can be charged as either a misdemeanor or a felony. It depends on the facts of the case and your criminal history. For a fist offense for a hand grenade it is an infraction. That comes with only a $250 fine. However for misdemeanor prohibited weapons you can see an informal probation, a year in jail, and up to a $1,000 fine. As a felony you will receive a formal probation with a year in jail, or up to 3 years in prison, and/or up to a $10,000 fine and loss of the weapon.

If you were charged with prohibited weapon laws, speak to an attorney. Its important to have an attorney look over a case for you.

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