Under the California Penal Code, moving an individual a substantial distance by force, or fear, is considered kidnapping. Once an innocent person is transported across state lines, the charges can escalate to federal level, which will then involve the U.S. Marshal’s Office and other cooperating agencies.

It is common for people to report persons are kidnapped without knowledge if the individual has not called home for some time, or went across state lines willingly. That is why California law specifies the fine line between willful and unwilling.

What Does California Consider “Kidnapping”?

One violates California law by taking an individual against his or her will and moving that person a substantial distance by use of fear or force. Threatening to use physical force or actually inflicting physical damage to secure an individual is enough to prove the element of “force and fear.”

Performing the same actions by fraudulent means, to an individual at or under 14 years of age, by using a ransom method, or by carjacking an individual qualify the above to be elevated to aggravated kidnapping charges.

Because aggravated kidnapping is considered a strike in California, persons found guilty could receive five years to life imprisonment with 85% served. “Simple” kidnapping is a felony punishable up to eight years in prison.

California laws on kidnapping and false imprisonment are severe enough that an attorney must work doubly hard to get charges lowered or dismissed.

Parental Kidnapping Laws in California

Parents can be charged with kidnapping their own child, which is another serious crime in California. Called “noncustodial detainment” or child abduction, it is a crime to detain or prevent a custodial parent access to a minor child. It is punishable by up to one year in county jail, or up to three years in CDC, with fines and restitution possible.

To prove a noncustodial parent willfully attempted to withhold the custodial parents’ children or child away, malicious intent must be proven. Returning a child to their legal guardian or parent within a reasonable time after the scheduled pickup time may not be considered kidnapping.

Defending Kidnapping Charges

Although prosecution needs only prove an individual feared for his or her life and your detention of that person, plenty of defenses exist that could exonerate persons accused of kidnapping. For example, if an individual willfully sat inside your car, and you took off, reckless endangerment may be more appropriate. Or, if the person being kidnapped later testified that he or she wanted to be with you, those charges would get dropped.

In parental kidnapping cases, having no custody order in place would save you from kidnapping. Acting in good faith that detaining a child for their own good may also provide a defense to the unlawful detainment of a child.

Accusations of kidnapping may ruin an individual’s parental, work, and interpersonal life forever. It is important to retain counsel who knows the elements necessary to discount the state’s attempt to label you a kidnapper.

James E. Blatt helps persons wrongly accused of violent crimes like kidnapping by fighting until the case is dropped, charges are lowered, or until the jury exonerates his client. Contact his office immediately to exercise your right to counsel

 

Investigations into tax fraud may lead to charges being brought at either the state or federal level, depending on the severity and amount allegedly in question. Should you find yourself under California or IRS investigation, it is important to know what laws and rights apply to your situation.

Not all tax evasion, fraud, or similar federal crimes are purposeful; mistakes can happen, identities can be stolen and used against innocent people and, in rarer cases, IRS workers could be complicit to tax fraud without the knowledge of the filer.

Here is what you should know, and do, if you are under investigation for tax fraud.

Evading vs. Avoiding

There is an obvious yet fine line between avoiding income taxes, and completely evading tax laws. One is actually legal under most circumstances, while the other is not.

Minimizing tax liability through legitimate deductions is commonplace. Not filing tax returns when the federal minimum is not met is also well within a U.S. citizen’s rights. These actions, along with filing extensions or payment plans, are all legal parts of the American tax system.

Evading tax liability by not filing returns, claiming residency in states where one does not reside, and making false claims or statements are methods used to evade taxes, which is both a California Penal Code and IRS crime.

Penalties for Tax Fraud

The mere act of providing false or fraudulent information on tax paperwork is punishable by imprisonment in CDC or the county jail for one year, along with fines at or less than $20,000, or in some cases both the fine and imprisonment will be assessed.

It becomes a federal charge in several scenarios. First, if the intention was to defraud the government of money, one could receive stiff fines and federal prison time. Secondly, an individual could face an array of wire fraud, embezzlement, and theft charges if he or she works in government and alters, defaces, or attempts to benefit from fraudulent tax documents.

Defenses to Tax Fraud

To prove tax fraud, state and federal prosecutors must furnish information that:

• The defendant knowingly and willingly provided false information to circumvent the IRS tax system;
• The statement or return was purposely false; and,
• The defendant knew the information they provided was false.

Providing accidentally incorrect information, without intentionally defrauding the government, is one defense a tax fraud attorney may raise. It is far more difficult to prove intent unless the defendant directly benefited from the false tax information.

Retain an Expert Tax Fraud Attorney

When freedom is on the line, and you are willing to prove the tax errors were innocent mistakes, an attorney must be retained for your protection. Consider superior representation an investment into your future freedom – one that you should not delay in making.

Cases that head to trial require planning. Investigating the tax return, looking over financial records, polling witnesses, and working toward amicably resolving (or dismissing) your case take time. Head into court without expert counsel, and most tax fraud cases will end unfavorably for innocent defendants.

Attorney James E. Blatt offers results-driven representation in tax fraud, evasion, and similar IRS crimes. Contact his office immediately to schedule a sit-down with one of California’s premier attorneys.

 

Part of California’s internet crime laws address unauthorized computer access, which is defined as taking control of another’s network, their personal computer, or computer data without permission. According to California Penal Code, mere access alone is punishable without anything being stolen.

Let us look closer at state laws against unauthorized computer access and what punishments are possible if convicted.

Crimes Against Property (Larceny)

Unauthorized computer access is considered a crime against property, or larceny, in California. Any individual who gains access to a personal computer, government or private network, laptop, tablet, or other digital medium to perpetuate theft or other crimes against public policy, or uses the same to cause damage, is guilty of larceny.

Note that an individual need not take money or cause damage under this statute to be convicted of larceny. All the state must prove is intent.

For example, an individual’s email is considered private, even in a marriage. So, if a wife suspects her husband is having an extramarital affair, and knows enough about his password to guess any remaining letters or numbers, she has just committed unauthorized computer access.

Certain subsections of Section 502 are considered “wobbler” offenses, which are charged either civilly or criminally.

Punishments for Unauthorized Computer Access

Depending on whether data is taken or access led to monetary loss, punishments can include up to three years in prison, fines, and restitution. Federal charges are possible if access threatened national security, happened on government grounds, or to government computers.

First offenses that led to no losses fall under California’s infraction law, punishable through fines up to $1,000.

If the crime led to monetary loss over $5,000, or is a second offense, the infraction becomes a misdemeanor or felony punishable up to one year in county jail, along with fines and restitution, or three years in CDC and a $10,000 fine.

Altering, stealing or deleting data is an automatic criminal charge considered a “wobbler” offense, punishable with up to three years in prison.

What Must be Proven?

Prosecution must prove beyond a doubt that not only was access to a physical or host computer unauthorized, it was done with malicious intent. It takes matching one’s IP address to their physical street address to prove remote access crimes, or physical proof one entered another’s home, email address, or computer without permission.

Gathering that evidence is no small order. Maybe an employee granted access to an individual, but forgot after the fact. Perhaps accessing the computer was to prevent another’s suicide or avert similar tragedy; that would take away an element of maliciousness.

Protect Your Legal Interests

It takes enough evidence to persuade a jury of your innocence to either compel a prosecutor to drop the case, or lower charges significantly. In proving your innocence, an experienced criminal attorney need only prove your intentions were sincere.

Remember, fighting any criminal case where unauthorized computer access is alleged without counsel could put you in harm’s way. It is important to consult with professionals knowledgeable in California Penal Code to prove your innocence.

 

Prohibited activities involving access cards, which many are accustomed to calling credit cards, are punishable in several ways in California. The extent of the fraud will determine whether a felony or misdemeanor is charged, and will also determine what potential fines and jail sentences are imposed.

Numerous schemes can fall under credit card fraud, all with varying degrees of penalties. Whether or not the crime is a misdemeanor or felony will depend on the amount taken, among other facts discussed below.

Felony or Misdemeanor

Using payment cards to perpetrate fraudulent activity can fall under six California Penal Code sections:

• Stolen credit cards, 484e PC – Possessing, acquiring, transferring, or selling cards without another’s express written consent fall under this section.
• Forging credit card information, 484f PC – Altering names or signing another’s name without permission can fall under this Penal Code section.
• Fraudulent use of credit card, 484g PC – Attempting to use, or successfully using, an altered, expired, revoked, or stolen credit card to obtain goods or money would be charged under this section.
• Retailer credit card fraud, 484h PC – Businesses that accepted stolen or altered credit cards, or turn in fraudulent credit card transactions could be charged with credit card fraud.
• Counterfeiting credit cards, 484i PC – Possessing equipment to create credit cards, or possessing the newly created cards themselves is charged under this section.
• Publishing stolen credit card information, 484j PC – Involves transferring one’s PIN or other identifying information in a manner that deprives them of use or takes their identity.

Because credit card fraud laws change frequently, it is important to have an attorney who can help clarify laws and perhaps get charges dismissed.

Punishment for Credit Card Fraud in California

If the amount taken is less than $950, it is normally a misdemeanor petty theft charge punishable with up to six months in prison, a fine, and restitution for the amount taken. Anything over $950 could be charged as grand theft, which can be a “wobbler” offense charged as either misdemeanor or felony.

Sections 484e, 484f, and 484i from above are wobbler offenses that go either way, normally indicative to the amount stolen. With section 484g, 484h and 484j, expect petty theft if amount was less than $950, and grand theft if over.

Because credit card fraud punishment in California also takes into account interstate frauds, federal charges may be imposed, too, which carry prison sentences up to 20 years.

Potential Defenses to Credit Card Fraud

Persons who have been accused of any section above must have committed the acts knowingly and willingly. For example, using counterfeit credit cards to purchase goods or request cash advances is innocent if the individual has no idea the card was counterfeited.

Using a roommate’s credit or debit card is also innocent if the cards look similar to the one owned by defendant, and it was picked up accidentally.

If you are unsure whether your alleged crime is a felony in California, and believe you are innocent of all charges, it is important to retain counsel immediately so charges can be disputed.

Been charged with fraudulent use of credit cards or other theft crimes, and believe your case deserves superior representation? Contact James E. Blatt today at 1-877-546-2528.

 

Forgery can involved of a number of illicit deeds involving the alteration, signing, and creation or using of a particular instrument of either a financial or physical nature. The financial item or physical product could be a knockoff of some name brand, or may consist of signing one’s name on checks, wills, and so forth.

Persons may commit forgery by copycatting another party’s signature to a legally binding document like a contract, settlement check, or living will.

We look deeper into California’s forgery laws and when they become felonies, along with potential penalties and what rights accused persons are afforded.

Legal Definition of Forgery in California

An individual who knowingly and willingly signs, takes control of, and benefits from putting another person’s signature onto a financial instrument, or creates a product that takes away value from its original creator has committed forgery. Wills, codicils, and similar conveyances are included in California Penal Code Sections 470-483.5, Forgery and Counterfeiting.

Forging driver’s licenses or similar government instruments, medical records, school records, and other official instruments leads to being tried under California law unless such actions happened on Federal property, which may then qualify the charges for Federal prosecution.

What Prosecutors Must Prove

Trying forgery cases can be an uphill battle for prosecutors since the burden of proof is much stronger than fraud or other financial crimes.

In order for prosecutors to win a conviction against persons accused of forgery, they must prove:

• An instrument or item exists;
• That item was materially altered or contains a signature bearing a person’s name which is not his or her own;
• The person acted with the intent to defraud a party, company, or government entity.

A common defense to forgery is that the individual did not intend to defraud another.

Punishment for Forgery

Felony forgery charges will ensue when an item exceeds $950 in value, a change enacted by Proposition 47. Should the prosecutor succeed in convicting defendants of forging, sentences can range from two to three years in county jail, or 16 months imprisonment. Fines, fees, and restitution will be tacked onto the sentence, along with potential probation terms.

Anything under $950 in value becomes misdemeanor forgery, which is punishable up to one year in county jail. Federal charges have different penalties, although some forgeries can result in decades behind bars.

How a Forgery Attorney in California can Help

Proving someone took control of an uncashed check, living will, government document, or anything similar may be easier to prove than if someone did not. With handwriting experts, witnesses, and a solid paper trail, a conviction could be a mainstay on someone’s criminal record.

Consider an experienced forgery attorney an investment in your future. Not only can a great criminal defense attorney exonerate you from forgery charges, he or she can clear your name with others who have chided you since your arrest, such as your employer or mainstream media.

James E. Blatt defends forgery cases with an incredible level of devotion, working each case with a primary goal of getting charges dismissed. Find out why retaining a Super Lawyer™ makes a world of difference and contact him today.

 

How prosecutors will approach manslaughter depends on the element of intent. With voluntary manslaughter, it was an individual’s intention to take another’s life, but unlike murder, the individual accused of killing another lacked premeditation.

We dive into California’s voluntary manslaughter statutes and what potential defenses will be used to help eliminate, or lessen, the charges against you.

California Manslaughter Statute

According to statute, voluntary manslaughter can be charged when an individual is killed during a sudden quarrel or heat of passion without malice. It lacks an element of premeditation since one did not have time to plan another’s death; it just happened. If the killing took place while operating a vehicle or piece of machinery, it would be construed as voluntary vehicular manslaughter if one specifically used the vehicle to aid in the killing of another.

If an individual found out another’s sexual orientation, gender, or gender expression, and based the manslaughter on this information, it could potentially become murder unless one can prove provocation and that the defendant had no knowledge of it.

Proving Voluntary Manslaughter

Malice, or an obvious hatred toward the victim, is usually when manslaughter becomes murder or homicide. Events leading up to the death of another are also taken into account prior to charging someone with either. Manslaughter laws in California are complex, requiring an attorney to help defendants accurately navigate them.

Lacking malice and planning, prosecutors are forced to charge persons with voluntary manslaughter, then prove an individual sought to end the life of another. If they can not do this, the charges are again lowered to involuntary manslaughter, the lowest possible felony murder charge.

If the state successfully convicts the defendant of voluntary manslaughter, sentences range from three to 11 years in CDC along with fines, restitution (if applicable), and possible probation.

Defenses to Voluntary Manslaughter

Manslaughter attorneys have numerous defenses they can raise if their clients stand accused. Some may include:

• Individual acted in self-defense after being provoked or struck first;
• Defendant believed deadly force would neutralize the threat and prevent their own death (imperfect self-defense);
• Lack of mental acumen or insanity, or proven case of PTSD;
• Defendant was involuntarily intoxicated;
• Victim was not dead after the altercation ended, but later succumbed to the injuries.

Charges may be dismissed if any part, or all, of an investigation was improperly conducted. Moreover, during the heat of passion, prosecutors must prove that you went into an altercation planning on doing nothing less than killing an individual through provocation. Many times, this is difficult when the only two people to corroborate the events were the people involved, of which one is deceased.

If You are Charged, Take it Seriously.

Prosecutors want individuals with malicious intent off of California streets. Defense attorneys want enough evidence presented to prove their client is guilty as charged. A huge tug-of-war match will ensue, with either the prosecution dropping the case or lowering charges dramatically based off availability of proof.

An experienced manslaughter attorney knows the value of evidence, or the lack thereof, and will do anything possible to get a client off the hook. That is why it is important to never ‘talk too much’ or self-incriminate when dealing with investigators.

James E. Blatt has secured numerous acquittals during his career and wants to help you beat your manslaughter charge or lower it down to battery. Contact his office today, and get the defense you deserve when your freedom is in jeopardy.

 

In California, embezzlement is the fraudulent misuse of assets by an individual to whom it has been entrusted. Misusing assets at or below $950 is a misdemeanor; misusing goods or money over that amount is a felony. Unlike theft of goods or money from persons without any financial relationship between them, embezzlements involve two parties bound together through a fiduciary relationship.

Because embezzling closely relates to theft and larceny, we will discuss the distinctions and what may constitute charging a person with felonious embezzlement in California.

Theft, Fraud, Embezzlement, or Larceny?

Much of California’s Penal Code is fungible. Theft, larceny, fraud, and other interchangeable terms essentially mean one’s money or property has been taken without consent. Depending on in which state the crime happened, they could all be misdemeanors or felonies.

With embezzlement, assets are taken normally in a corporate setting. It might involve transferring funds from a company account to a personal account without authorization, or taking money from a trust account before due time. California treats this charge seriously, especially since the amounts taken normally reach into the millions.

To prove property or money was embezzled, prosecutors must prove that:

• A reliance, or fiduciary relationship, exists between both parties;
• Money or property was acquired through the relationship, and by no other means;
• Ownership of property must have been transferred to someone else, or controlled by the defendant;
• The defendant acted willfully and intentionally.

To prove Federal embezzlement, the aforementioned must have happened across state lines, on government property or with government funds.

Punishment for Embezzlement in California

Misdemeanor embezzlement charges in California may result in one year in jail, up to $1,000 fine, and restitution in the amount taken. If escalated to felony charges, penalties will range from restitution, jail time, and probation to extended jail time.

If state funds were used to commit the crime, state jail and the inability to hold a public office are possible. Federal charges could net persons charged with embezzlement 20 years per count.

Potential Defenses

Common elements of embezzlement leave plenty of room to debate whether an individual actually committed the crime. Some common defenses that may fend off these charges include:

• Property or money had no demand for return. Many times people will simply request assets get returned upon discovering them missing. When an individual or company makes no demand for their return, it is not unreasonable to assume they are uninterested in regaining control of goods.
• Authority claim. If defendant can show proof they were given authority to take control of assets and use them as they wished, embezzlement would be off the table.
• Claim of good faith. Although much harder to prove, defendant may be able to sidestep charges if a good faith belief existed that title to goods could be transferred to them.

California’s complex Penal Code leaves much to question when persons are charged with financial crimes like embezzlement. It is important to locate an attorney who specializes in this area of law to help relieve you of potential jail sentences unjustified by virtue of charges imposed.

Need to discuss your case with expert trial lawyer James E. Blatt? Contact us today!