Understanding the Difference Between Aggravated Assault and Simple Assault

Understanding the Difference Between Aggravated Assault and Simple Assault

Understanding the Difference Between Aggravated Assault and Simple Assault

If you’re confused by the idea that in California has two different types of assault, simple and aggravated, you’re not alone. The state is full of people who don’t know the difference between these two criminal charges.

Throwing a punch at a guy who was irritating you while you were trying to enjoy a beer at your favorite bar is usually a simple assault. However, if you grabbed a knife or started swinging a pool stick, the charge will likely be bumped up to aggravated assault.

Aggravated assault is covered in California’s Penal Code Section 245. The way the law is written, aggravated assault takes place when an assault involves the use of a deadly weapon (including a gun.) Don’t assume that just because you didn’t have a weapon in your hand that you can’t be charged with aggravated assault. The law is written in such a way that if the end goal of the assault was to kill, rob, or rape your victim, you’ll be charged with aggravated assault.

The Punishment for Aggravated Assault in California

The penalties connected to aggravated assault are quite serious, particularly if you’re found guilty of felony aggravated assault.

If the assault was minor enough for you to only be charged with misdemeanor aggravated assault, you could potentially face:

✦ One year in jail
✦ Probation
✦ The loss of the weapon you used during the assault
✦ Community service
✦ Restitution

It’s not uncommon for individuals who are found guilty of misdemeanor aggravated assault to be ordered to complete an anger management course.

The biggest difference in the penalties connected to misdemeanor and felony aggravated assault is that the sentence will likely be longer and you’ll have to serve it in state prison. You’ll also have to live with all the long term repercussions of having a felony record

Felony aggravated assault is covered by California’s Three Strikes Law. The third time you’re convicted, the sentence is an automatic 25-life in state prison.

Defending Yourself from an Aggravated Assault Conviction

Proving you’re not guilty of aggravated assault isn’t easy, even though the burden of proof lies on the prosecution. You’re best lines of defense involve:

✦ That you were defending yourself
✦ You’ve been falsely accused
✦ Lack of intent

The best way to make sure you never have to defend yourself in a felony aggravated assault situation is to remove yourself from any potentially volatile situation you encounter while you’re armed with anything that could be considered a deadly weapon.

US Counterfeiting Laws

US Counterfeiting Laws

US Counterfeiting Laws

Money is a very precious resource that everyone spends a lot of time trying to get. After all, this is why everyone goes to work five days a week. It is safe to assume that if people weren’t getting paid, then they wouldn’t go to work. That being said, money isn’t easy to get, but everyone needs it to pay bills, purchase food, and hopefully have some leftover for something fun.

Since money can be so difficult to earn, some people try to take shortcuts in order to get more for themselves. One particular way that they do this is by making their own money. This seems like such a simple thing, a person printing their own money, but as many correctly assumed, it is very illegal.

Why Counterfeiting Is Bad

The idea of simply making more money so everyone can have enough sounds like a simple solution to poverty, however, it is not that simple. Basic economics shows that the more of something there is, the less valuable it is. This is why dirt is considered worthless, because it is available everywhere, while diamonds are so valuable.

The same holds true for money. The more bills that the US Treasury prints, the less valuable they become. This devaluing is why the US Treasury only prints so much money. This is also why it is illegal for someone other than the US Treasury to print US money.

US Law On Counterfeiting

The crime of money counterfeiting is made illegal under 18 US Code § 471. This law states that anyone who intentionally makes, forges, counterfeits, or alters any obligation or security of the United States is guilty of counterfeiting. In this description, security is used to mean money. It, combined with obligation, also has the added benefit of including other valuable pieces of paper, including:

  • Treasury bills,
  • Federal Reserve notes,
  • Bonds,
  • Other financial instruments issued by the federal government.

This law makes it illegal to not only make counterfeit money but to knowingly use counterfeit money as well. If a person gets a counterfeit bill and tries to use it to purchase something or make a deposit in a bank, they can be charged with counterfeiting.

It is important to note that a person is only guilty of counterfeiting when trying to use a counterfeit bill if they know it is counterfeit. If a person unknowingly used the bill to try and but something because they themselves, thought it was real, they are not guilty. This is due to the fact that they did not intentionally try to defraud anyone.

The Penalties for Counterfeiting Money

Counterfeiting money is a very big deal and as such, the crime comes with some harsh consequences. Counterfeiting is a felony offense under federal law. If a person is charged with counterfeiting, they will face:

  • Up to 25 years in federal prison.
  • A max fine of $250,000.

If someone else, other than the person accused of counterfeiting, gains or loses money, then the defendant will face harsher consequences. This can include fines that are up to double the amount of financial gain or loss.

Don’t Print Your Own Money

Even though the thought of a person printing their own money may seem harmless, it is very illegal due to how it can devalue the money already in circulation. The US Treasury is in charge of printing all US money in order to help control its value. Anyone who tries to cheat their way into getting more money through counterfeiting is just causing problems.

Anyone caught printing counterfeit bills, or any other forms of US securities or obligations will face harsh criminal charges.

How to Properly Pull Over

How to Properly Pull Over

How to Properly Pull Over

When a person is driving, there are a lot of things that they don’t want to happen. One of the big ones is getting pulled over by the police. When this happens, it means that the driver has done something wrong and is probably going to get a ticket. That is something no driver wants.

When a person is pulled over by the police, there are certain things they should and shouldn’t do. If a driver makes a mistake and does the wrong thing, they could get into more trouble. To help a person avoid getting into any extra trouble for what was probably just a small traffic violation, here is what a person should do when getting pulled over.

What to Do When Pulled Over

When a driver looks in their rearview mirror and sees a law enforcement vehicle flashing its lights at them alongside blaring their siren, they need to pull over. Regardless of what lane a person is driving in, they need to pull over to the right shoulder of the road, or into the nearest parking lot if it is a viable option. This needs to be done quickly, but safely. It is also recommended that a driver activate their hazard signals to indicate to the officer that they are going to pull over.

Once the person has pulled over, they should turn off their car’s engine, roll down their window, and turn on their interior lights if it is night. They should also extinguish their cigarette or get rid of the gum they are chewing just to be polite. As frustrating as it can be to get pulled over, it is important to remember that the officer is just doing his/her job. Being polite and understanding could help a person avoid getting a ticket.

While a person may not have any intention to harm an officer, the officer approaching the vehicle doesn’t know that. To avoid putting the officer on edge, a person should refrain from trying to get their license and registration before the officer arrives. Instead, the person should keep their hands on the wheel until the officer gets to the window. Once the officer is there, a person should listen to every order and do as they are told.

Never get out of a vehicle unless instructed to do so by the officer.

If the officer has reason to believe there might be contraband in the car, they can search the vehicle. However, they can only do that with good reason.

When an officer asks if the driver knows why they were pulled over, it is typically because they are trying to get the person to admit their guilt. Once a person does that, they cannot fight the ticket. No matter how a person decides to answer that question and any others, they should keep everything short and to the point. Again, they should also be very polite, or they could make the situation worse for themselves.

What If the Car Is Unmarked?

Sometimes, officers use unmarked vehicles when they are out on patrol. In a perfect world, this wouldn’t be much of a problem. Unfortunately, the world isn’t perfect. There are bad people out there that try to pretend to be police officers to take advantage of innocent drivers. Due to this fact, a person needs to be cautious when an unmarked vehicle is signaling for them to pullover.

If a person is concerned about the legitimacy of the vehicle, they should not stop right away. Instead, they should signal that they have seen the request by activating their hazards and slowing their speed. However, they should not stop until they can get to a public, well-lit area. Once stopped, keep the doors locked and only open the window a crack.

A good idea in these situations is to call 911 and talk to the dispatcher. Walk them through everything that is going on and where this is taking place. From there, the person can also ask that a marked vehicle be sent to them.

If the person in the unmarked vehicle is behaving in an odd, aggressive, or just generally unprofessional manner, ask to see their badge. If they refuse, the driver should tell them they are calling 911 and then do that, unless they’ve done it already. If the person runs, don’t follow them. Instead, try to get their vehicle’s license plate number and as much information about the car and person as possible. Then give all of that information to the police.

Real police officers understand this fear and need for caution. They will not penalize someone for not pulling over right away to an unmarked vehicle, or for asking for a marked car to show up.

Stop and Listen to Avoid Trouble

If the person conducts themselves accordingly, they will probably still get a ticket. However, by being polite and courteous, a driver does increase their chances of getting off with a warning. If a person disregards all of this and instead decides to argue with the officer and be generally uncooperative, they increase their chances of getting into much worse trouble. That is something no driver wants. Often it is best to just take the ticket.

Tagging and Graffiti Laws Here in California

Tagging and Graffiti Laws Here in California

Tagging and Graffiti Laws Here in California

Tagging and graffiti are two things that most people have seen, especially if they live in an urban area. Pretty much every large city in the country is littered with graffiti and other signs of tagging. A lot of times, these random markings can make signs unreadable, and change the look of the city for the worse. That is why most states have laws against graffiti.

California is one such state. California Penal Code (PC) 594 covers all sorts of vandalism, from breaking something to marking it up with paint or markers. While the crimes of graffiti and vandalism may seem minor to some, they are a very big deal to others. This is especially true for anyone stuck having to clean up the mess.

California Penal Code 594

PC 594 here in the state of California outlines every possible crime that could be considered vandalism and the punishments for them all. As far as the law is concerned, vandalism is considered to occur when someone maliciously defaces, damages, or destroys someone else’s property.

Vandalism can be any number of things, from

:

  • Smashing mailboxes.
  • Keying someone’s car.
  • Writing a name in wet cement.
  • Breaking someone’s fine china.

Basically, if someone messes with someone else’s stuff with the express intent of breaking or harming it, then they are guilty of vandalism. In fact, this can even be true if two people own something together, and one of them breaks the item. The other person could charge the first with vandalism in the state of California.

Penalties of Vandalism

As far as the punishments for vandalism go, they are dependent on the amount of damage done, the person’s criminal history, if they have one, and what exactly the person vandalized. For instance, vandalizing a place of worship comes with steeper consequences than simply vandalizing someone’s home.

If the amount of damage done totals less than $400, then the vandalism is a misdemeanor charge. This means that the person faces:

  • Up to 1 year in county jail.
  • A max fine of $1,000 unless the person has any prior vandalism charges, in which case the max fine is $5,000.
  • Informal probation.

If the cost of the damage is greater than $400 dollars, the prosecution can charge the crime as either a misdemeanor or as a felony. With misdemeanor vandalism charges in this case, a person faces:

  • Up to one year in county jail.
  • A max fine of $10,000, unless the cost of the damages was higher than $10,000, in which case the max fine would be $50,000.
  • Informal probation

If the cost of damages was over $400 dollars and the crime is being charged as a felony, then the person faces:

  • A jail sentence ranging from 16 months to 3 years.
  • A max fine of $10,000, unless the cost of the damages was higher than $10,000, in which case the max fine would be $50,000.
  • Informal probation.

Consequences of Graffiti in California

Graffiti can be penalized differently in California if the damage done costs less than $250. California PC’s 640.5 and 640.6 only cover the act of graffiti. These offenses come with slightly less harsh consequences, and increase in severity with subsequent offenses.

The first time someone is charged with this crime, they face an infraction level offense:

  • A max fine of $1,000.
  • Community service.

The second time someone is charged with this crime, they face a misdemeanor level offense:

  • Up to 6 months in jail.
  • A max fine of $2,000.
  • Community service.

For a third, or any subsequent offense after that, a person will face a misdemeanor level offense:

  • Up to 1 year in jail.
  • A max fine of $3,000.
  • Community service.

Don’t Damage Someone Else’s Property

Aside from the state having its own law against graffiti and vandalism as a whole, many cities have their own takes on ordinances regarding graffiti. Some cities have even prohibited minors, anyone under 18, from being in possession of graffiti tools such as cans of spray paint and permanent markers. As such parents may want to be careful with giving their children Sharpies. Some cities take that act very seriously, while others couldn’t care less.

Graffiti and vandalism are not fun to deal with, and they are not fun to look at either. That is why the state of California has laws against both vandalism and graffiti. Any person caught breaking those laws will face the consequences.

What do you think of California’s laws surrounding vandalism and graffiti? Are the consequences too steep, just right, or not harsh enough? Why is that?

Bail Your Loved One Online

Don’t Get Scammed: Make Sure Your Donations Go Where They Can Actually Help

Don’t Get Scammed: Make Sure Your Donations Go Where They Can Actually Help

When someone is in trouble, there are always people out there who are willing to offer their assistance. It is one of the great things about people. It is truly amazing to watch people come together to support and aid those in need.

Recent events have shook the nation, and these tragic events have brought kind and caring people out from around the country. All of these great people just want to help those affected by recent tragedies. Unfortunately, while most people want to help, there are a select few out there looking to take advantage of the situation.

Scams Taking Advantage of Compassion

Scammers exists in all sorts of capacities, and most of them are heinous. However, this kind of scam truly takes the cake. This latest scam sweeping the nation comes in a few different forms, but they all boil down to the scammer asking their intended victim to donate money to victims of one of the recent tragedies.

If a person has recently seen an ad on social media or received an email or text asking to donate money to the recent tragedies, don’t answer right away. There is a chance that might be a scammer trying to take advantage of people’s kindness and compassion.

Some red flags to look out for are when the donation groups start contacting a person. Most donations and GoFundMe’s don’t go looking for donators, so chances are they aren’t paying for ad space on Facebook or sending out messages to random individuals. Most legit businesses recognize that doing so is a surefire way to get marked as a scam. Yet, scammers do this regardless because they know some people out there won’t question anything, and just want to help out people in need.

How to Avoid This Scam

The best way to avoid scams like these is for a person to do their research. This means not giving money to the first link or GoFundMe that they see. Anyone can create these kinds of links and donation setups. In order to avoid getting scammed, a person needs to do their research and make sure that the donations will actually get to the intended person. This goes for all donations, not just ones setup for the recent tragedies.

Some sites, like GoFundMe, guarantee that any money donated will get to the intended person, one way or another. This helps make GoFundMe one of the safer donation sites to use.

How to Identify Scams

There are all kinds of scams that con-artists can pull in order to take a person’s hard earned money. The best way to avoid any scam is to learn to look for specific signs because even though scams may vary, they often follow the same few tricks. Some things to look out for include:

  • Check sender email address. Scammers often use very random email address that they have disguised to look like something else. Examining the email address of the sender of the message can quickly reveal if something is a scam or not.
  • Don’t be rushed. Rushing through something leads to a person making mistakes, which is why scammers love to rush their victims. Never be rushed into doing something, especially giving money to someone.
  • Don’t be urged into secrecy.Scammers are aware of how sketchy their scams can sound, which is why they don’t like their victims telling anyone else about their situation. Doing so could easily reveal the scenario for the scam it is.
  • Don’t click links in emails. Never click links in emails unless absolutely certain of who the sender of the message is. If a person needs to visit a website from an email, go to the site directly through their internet browser to guarantee they make it to the right site and not a scam site.
  • Don’t give out personal info. Never give out personal information unless they are 100% certain of who they are giving it to.
  • Don’t wire transfer money.Wired money cannot be traced or returned to the victim, which is why scammers love to use this method of money transfer.
  • Too good to be true.When things seem too good to be true, it is usually because they are.

Don’t Stop Donating

Wanting to help people in need is a very good thing. There are people out there who are in desperate need of help. Any little bit can help them. Often times, just knowing that people are out there, routing for them, can help people find the strength to go on.

Unfortunately there are horrible people out there looking to take advantage of people’s compassion. If a person wants to avoid getting conned, they need to do their research before donating any money. They want to be absolutely sure that the money they are giving away is going to the cause they wish to support and not some con-artist’s pocket.

California Has Its Fair Share of Odd Laws

California Has Its Fair Share of Odd Laws

California Has Its Fair Share of Odd Laws

No matter how smart a person may be, every once in a while, people tend to do very dumb things. They may think an idea is great at the time, but after a while, they look back and realize it wasn’t such a great idea after all. Luckily, there is nothing to feel bad about since this happens to everyone at some point in their lives.

One of the best parts? This doesn’t just happen to individuals. Groups can suffer from this as well. This can become very evident when a person takes a closer look at some of the laws here in California. At first glance, most of the laws seem normal. However, upon further inspection, people can notice some very odd laws.

Some Strange Laws Here in California

California lawmakers are people just like everyone else. This means they are just as prone to make mistakes as everyone else. That is why there are some pretty questionable laws here in the state of California. Some of them, clearly came from different time periods with different ideas and beliefs. However, some of them are just weird no matter how they are viewed.

The following are some examples of the odd laws within the state of California. They can be either state laws, or laws from cities within the state.
• No animal hanky-panky. The state of California banned all animals from publicly mating within 1,500 feet of a tavern, school, or place of worship. No one is sure how lawmakers planned on enforcing that.
• No more clouds. Lawmakers from California decided to enact a law that guaranteed sunshine to the masses. Again, no one is sure how they planned on enforcing this law. Maybe they thought they could fine clouds for blocking the Sun?
• No driving for women while indecent. This one is likely a product of its time. It is illegal for California women to drive a vehicle while wearing a housecoat.
• No public bathing. While most people nowadays wouldn’t argue with this idea, California lawmakers outlawed public bathhouses. Now everyone has to bath alone at home.
• No biking at the pool. The city of Baldwin Park decided to outlaw biking in public pools. Not exactly sure why that needed to be said, but there it is.
• Hoomans must be on leashes. Sometimes the laws themselves aren’t bad, just the words used to describe them weren’t ideal. Take for instance Belvedere’s dog leash law, which states: “No dog shall be in a public place without its master on a leash.” It is easy to see what they were going for here, but how it is written implies that the human is the one who is supposed to be on a leash, not the pooch.
• Men must have a sense of fashion. In the city of Carmel, men are not allowed to go outside while wearing a jacket that does not match his pants. Apparently the fashion police came up with this law.
• Women can’t be too fashionable. Inversely in Carmel, women are not allowed to wear high heels in the city limits. The fashion police here really need to be more consistent.
• No gardening while driving. The city of Chico decided to outlaw planting a garden in a public street. They probably meant on a public street, after all, no one would try to plant a garden in the middle of the road, would they?
• No one wants to see/smell that. The city of Dana Point made it illegal for a person to use their restroom if the window is open. At the time of its inception, this law was likely considered a great public service.

These Aren’t Taken Seriously

This is just a small sample of some of the oddest laws here within the state of California. While many of these are laws, but most aren’t taken seriously. This means that no one really has to worry about getting ticketed for driving while wearing a housecoat, or walking outside with clothes that don’t match.

We Will Be with You for Every Step

We Will Be with You for Every Step

We Will Be with You for Every Step

If you are like most people out there, than the only time that you have ever dealt with bail, has been when you watched some character deal with it ono TV. The truth of the matter is that many people out there are able to go their whole life without ever needing to worry about bail. Unfortunately, not everyone is so lucky, as you just discovered.

One of your family members was just arrested and needs help to post their bail. You have no idea how bail works, but you refuse to let that stop you from helping your loved one. While you are determined to make this work, you wouldn’t mind a little help. Luckily that can easily be found by contacting Porterville Bail Bonds.

For the past 30+ years, Porterville Bail Bonds has been helping Californians deal with bail. No matter where a person is located in the state, or what time it is when they call, we are there for them. We have bail agents located all over California and they are available 24 hours a day, 7 days a week.

All you have to do is talk to one of our agents. They will answer your questions and guide you through each step of the bail process. They will walk you through the paperwork and talk to the jail for you. Our bail agents will do all of the hard work for you. You will not have to worry. We provide all kinds of services for our clients, including:

  • 20% Discount
  • Phone approvals
  • 0% Interest payment plans
  • No hidden fees
  • No collateral with working signer
  • Se hablaEspanol

You may not know much about bail, but rest assured that we do here at Porterville Bail Bonds. Our experienced bail agents know everything about the bail process and will be more than happy to help you deal with it. Our agents will be with you every step of the way and will help you get your loved one out of jail in no time at all.

Are you ready to get started? Consultations are free, so call 559-784-8660 or click Chat With Us now.

springville-bailbonds1-106

What’s in Your Kid’s Halloween Candy?

What’s in Your Kid’s Halloween Candy?

Every year, as Halloween rolls around, people begin seeing articles about how they can keep their kids safe during the holiday. One of the big topics is being sure to check kids’ Halloween candy for any tampering before allowing the kid to eat it. Unfortunately, there are people out there who think it’s fun or funny to harm people by messing with their food.

The first step to checking a child’s candy is to make sure that they don’t eat any of it while they are out trick or treating. Do not let them have any of the candy until you have been able to examine it under good lighting. Check for damaged wrappers, candy that smells funny, homemade sweets from strangers, or any candy or sweets not in their original packaging.

If a piece of candy doesn’t seem right to you, throw it out. In this instance, it is better to be safe than sorry, especially when it comes to your child’s safety. If you do find any candy that has been clearly tampered with, such as having needles, razors, or glass shards in it, report it right away to the local authorities.

As uncommon as tampering with candy may be, this kind of thing does happen. Recently Australia has been dealing with people putting sewing needles into strawberries. So, check your kids Halloween candy this year just to be safe.

California Limits Plastic Straws

California Limits Plastic Straws

A few years ago, the citizens of California voted to ban single-use plastic straws. At the time, the change was very controversial with many opponents of the bill upset at the loss of the flimsy plastic items. However, as time moved on, people adapted and got used to the new change. The success of this law, helped convince some Californians that similar laws should be enacted as well.

Recently, the California state legislature passed a new bill that would prohibit full-service, dine-in restaurants from distributing plastic straws unless the patron requests the item. The hope is that by doing this, it will reduce the amount of plastic straws that are used once, and then tossed away. Single-use plastic utensils like this are bad for the environment since they are only used for a short amount of time, but last for several decades in landfills and oceans.

It is important to note that this is not an all-out ban on plastic straws, like many opponents of the bill claim it is. Customers will still be able to get plastic straws in restaurants, they will simply need to ask for straws. The hope is that this will get people used to the idea of not having straws. This could also help encourage new, environmentally friendly straws to be used instead of their plastic counterparts.

The bill based with a 45-20 vote in the State Assembly and now awaits Governor Jerry Brown’s signature for final approval. While this bill may seem like a big deal now, just remember when the plastic bag ban was first enacted. Many people were up in arms over that law, but we got used to the change. The same could happen with this law as well.

Tulare Bail Bond Store

What Does the Passing of Prop 64 Entail, Exactly?

Tulare Bail Bond Store

Marijuana is now legal in California. Whether you voted yes, or no, you are probably wondering what the new rules really are. Can anybody smoke weed wherever they want now? Who can purchase it and how much? Here is some helpful information to know about the passing of Prop 64:

  • The law didnot change the rules overnight so anyone cannot simply walk into a dispensary and purchase marijuana yet.
  • The new Bureau of Marijuana Control will develop terms and conditions for retailers to follow by January 2018.
  • Retailers must have a state license to sell.
  • City residents will vote on additional regulations.Marijuana is legal in the state, but cities can still retain control for certain regulations.
  • Recreational weed will have to be defined separately than medicinal weed.
  • Marijuana-related felonies will be reduced to misdemeanors and other marijuana-crimes will no longer be crimes.
  • Individuals convicted of marijuana crimes may now apply for resentencing or expungement.

The information on Prop 64 goes far beyond what was just laid out,so those who are hoping to benefit from the legalization of marijuana might want to read up on it.

So there you have it.Now you may be wondering why we at Tulare Bail Bond Store are talking about it? It is true that at some point, you may not have to worry about smoking weed and getting arrested, but you need to make sure you are still following the law.There are still marijuana-related crimes.

If you do need to bail out of jail, contact us by calling 559-784-8660 or clicking Chat With Us online.