Reckless driving in California is covered by Vehicle Code 23103 VC in the state law. Everything concerning reckless driving, including how it is defined and the respective punishments if guilty of reckless driving, are all contained in that chapter of the law.

This article will discuss what Vehicle Code 23103 VC considers as “reckless driving” as well as the penalties, legal defenses, and other possible outcomes and consequences when charged with reckless driving.

If you have questions regarding traffic laws and reckless driving laws in California, don’t hesitate to talk to our Upland California criminal defense attorneys at the Law Office of Marc Grossman.

Reckless Driving Defined

According to the vehicle code, reckless driving is the act of intentionally or deliberately driving on a highway while having no disregard for the safety of other people or their property. Examples of this include street or drag racing, doing fast donuts in a parking lot, or speeding through a school zone.

To prove that you are guilty of reckless driving, the prosecution must be able to prove that you:

1. Were driving a vehicle on a highway or off-street parking facility, and
2. >Were driving with wanton disregard for the safety of persons or property.

“Highways” include publicly maintained roads that are accessible for use by the public while “off-street parking facility” includes both public parking facilities and private parking facilities accessible to customers for free like those found in malls. This excludes private parking facilities not accessible by the public, including employee parking facilities.

On the other hand “wanton disregard for safety” is defined as being aware of the substantial and unjustifiable risks brought about by one’s action, but also intentionally ignoring these risks. This also means that a driver does not have to intend to cause harm to be reckless.

This also means that simply speeding does not make you guilty of reckless driving. A person speeding on an empty road will be guilty of speeding and get a speeding ticket, but not reckless driving because he is not putting anyone at risk for his actions. This is in contrast to speeding through heavy traffic where many people will be put at significant risk.

Reckless Driving Penalties

Violation of 23103 VC is a misdemeanor. The crime is punishable by a fine ranging from $145 and $1,000, imprisonment from anywhere between 5 days and 90 in county jail, or both. Being guilty of reckless driving also results in two points being put on your driver’s license by the California Department of Motor Vehicles (DMV) which will remain on your record for 13 years.

If a driver accumulates 4 points in 12 months, 6 points in 24 months, or 8 points in 36 months, he will be considered a “negligent driver” and may face probation or license suspension.

A driver does not have to cause injury to be guilty of reckless driving, but if he does, the severity of the injury will contribute to the degree of the punishment the driver will face.

Reckless driving causing minor injuries is still considered a misdemeanor, but with penalties increased to 30 days to one year in jail, a $220-$1,000 fine, or both. If serious injuries are caused, the offense will be a wobbler offense which means it can be charged as a misdemeanor or a felony.

Felonious reckless driving is punishable by fines of up to $10,000, three years in state prison, or both.

Legal Defenses to Reckless Driving Charges

When faced with a reckless driving charge, it is the job of your criminal defense attorney to build a defense to protect you and have your charge either reduced or dismissed entirely.

Common defenses include:

1. Necessity,
2. Non-recklessness of the driver
3. The defendant was not the driver.

Necessity

A defendant may try to defend his actions using the necessity defense, which is sometimes also referred to as “guilty with an explanation”. This means that the defendant will try to justify his reckless driving with reasons that may include emergencies.

Pleading guilty with an explanation involves being able to prove that the necessity was real and valid. This includes presenting accident reconstruction, CCTV footage, and witness statements to the prosecutor and the court. Your Upland criminal defense lawyer should be able to determine which evidence to use best in your specific scenario.

Non-Recklessness of the Driver

For you to be guilty of being reckless, the prosecution must be able to prove without a reasonable doubt that you were driving with deliberate disregard for the safety of others. This can be opposed by showing that you weren’t intentionally ignoring the risks of harm to others when you were driving.

The Defendant Was Not the Driver

Only a driver can be guilty of reckless driving, so if your criminal lawyer can prove that you weren’t driving, you are automatically not charged with reckless driving.

If you are currently facing reckless driving charges, be sure to get in touch with our criminal defense lawyers immediately at the Law Offices of Marc Grossman, a Upland, California criminal defense law firm We will help you build the best defense right away.

An involuntary manslaughter conviction brings harsh consequences. If you get convicted, you’ll face punishment such as imprisonment and hefty fines. To prevent a guilty verdict, it’s best to know all about this crime and how to defend against it.

This article will discuss how involuntary manslaughter is defined and how you can defend against charges. If you’re facing involuntary manslaughter charges, it’s best to contact our Upland criminal defense attorney to fight for you!

How does California Criminal Law define Involuntary Manslaughter?

Under Penal Code 192b, the prosecutor has to prove the following elements to convict you of manslaughter:

• You committed an act in California that’s not inherently dangerous;
• The act was done with criminal negligence;
• The actions caused the death of a person.

These constitute involuntary manslaughter. Let’s analyze each element deeper to see how these elements will be used in the courtroom:

1. Wrongful act

You can’t be charged with involuntary manslaughter if you’re not intentionally committing a wrongful act. The wrongful act can be a/an:

• Infraction (traffic violation),
• Misdemeanor (shoplifting a small amount),
• Felony that’s not inherently dangerous (like a robbery), or
• A lawful act is done unlawfully.

The act must not be dangerous by its nature. If you committed an unlawful act like a felony that can be harmful, such as arson, then it will not fall under involuntary manslaughter.

2. Criminal Negligence

The prosecution also has to show that your actions were criminally negligent to convict you of involuntary manslaughter.

Criminal negligence is not just carelessness, indifference, lack of intention. For you to act in a negligent manner:

• You have to act recklessly in a way that risks death or serious bodily injury;
• Any reasonable human being can see that knowingly acting that way creates that risk.

If the prosecution cannot show that you acted in a reckless manner that risks harm, then it cannot be involuntary manslaughter.

3. Cause Death

The prosecutors also have to show that any reasonable person can see that your actions caused the loss of human life.

What are the Penalties?

Involuntary manslaughter is punishable as a felony in California. If you’re convicted, you might be facing:

• Felony (formal) probation ;
• Two-four years incarceration; and
• Up to $10 000 in fines.

You might also be sued by the victim’s family, too. If they win their civil lawsuit against you, you’ll be facing very hefty judgments.

If you used a deadly weapon like a firearm and you’re found guilty, then the conviction counts as a strike under the “three strikes law.”

How Can I Defend Myself?

If you’re charged with involuntary manslaughter, a skilled criminal defense attorney can help prove your innocence. Here are some strong defense options that your attorney can use in court.

Self-Defense

If you acted in self-defense or defending others, you cannot be found guilty.

Your attorney has to prove all of the following to show that you acted in self-defense

• You reasonably believed that there was a danger that you or someone would be killed, suffer great bodily harm, or be robbed, raped, or maimed;
• You had reason to believe that it was necessary to use deadly force
• There was reason to believe that deadly force was needed to prevent the danger; and
• You only used the necessary force.

A skilled lawyer can prove all of the above and prove you innocent of involuntary manslaughter.

Accidental Killing

It’s also possible to show that the death was by accident or unintentional.

For this defense, you’ll need to show that you:

• Were not acting with criminal negligence at the time of the killing;
• Had no intent to harm;
• Was performing a lawful act during the accident.

There is insufficient evidence to convict you

A skilled defense attorney can take an ordinarily open-and-shut case and turn it in your favor. One great way they can do this is by proving that there isn’t enough evidence to prove that you committed any crime.

Your defense lawyer will conduct their investigation. They will examine all evidence, from interviewing witnesses to involving forensics to find out what happened. They can show that there’s not enough proof to warrant a conviction.

You were falsely accused or wrongfully arrested

There could also be other people out to get you and falsely accuse you of involuntary manslaughter. It could be the actual offender who wants to deny blame and pin it on the defendant or someone who wants to cause you harm.

Regardless, an experienced defense attorney understands all the factors at play and can pull up the right tools to defend you from false accusations.

Final Thoughts

Criminal convictions can get you punished with the full force of the law. You’ll be looking at heavy fines and sentencing, not to mention the consequences it carries for life. A skilled defense lawyer can help prevent that and keep your criminal record clean.

If you need a criminal defense lawyer, call us at Law Offices of Marc Grossman!  We have 100 years of combined experience defending different criminal charges such as:

• Involuntary manslaughter,
• Reckless Driving
• Driving under the influence
• Aggravated Assault
• Homicide
• Attempted Murder

Our Upland attorneys know the criminal justice system inside-out. If you feel that the entire system is out to get you, we’ll stand as your legal representation to fight for you.

If you’re facing criminal charges, call our Upland criminal defense lawyers now and get help with your case!

According to the California Penal Code, assault is a willful act that would apply force on someone or any action that gives reasonable evidence that force would be applied on someone. This means that assault charges do not only apply to people who have physically harmed someone, but also to people intending to harm others, even before they have committed the act.

Of course, this can get a bit complicated because the prosecutor will have to prove beyond a reasonable doubt that the defendant would have committed an assault if not for any intervening bodies. Because of this, the California Penal Code lists down several categories that the prosecution must prove to be able to have the defendant convicted. He must be able to prove that the defendant’s actions were:

1. Directed and Probable

This means that the action was directed at the plaintiff and would have probably resulted in an application of force. For example, if a person marches towards someone with a baseball bat and swings it at the person before being blocked by a police officer, that person is deemed to have made directed actions that would have probably caused harm to someone.

2. Willful

The defendant was acting of his own will and volition; he was not being forced into doing that action. This, of course, is absent in situations of self-defense, among others.

3. With Probable Cause

This means that there is reason to believe that the defendant’s act was meant to apply force on the plaintiff. This could include a hostile history, or with them being involved in an unfavorable situation before the act in question.

4. With Present Ability

This examines whether the defendant could cause harm. If a person had made threats to punch someone from across the street, they will not have the ability to commit that assault unless they are capable of punching someone from across the street.

5. With No Legal Excuse

Legal excuses include self-defense and acting on another’s defense.

Assaults can be charged as either misdemeanors or felonies. It is only a misdemeanor if the victim wasn’t harmed or received only minor injuries. Misdemeanor assaults are punishable by up to six months in county jail or a fine of up to $1,000, or both.

For felonious assault, the severity of the charge and subsequent punishment is based on how the crime was committed and any related offenses that may have been committed along with the felony assault.

Defenses for Assault Charges

There are two main strategies to defending against simple assault charges. The first is to question the verity of the accusation and the second is to question the parameters listed above and how well it applies to the case.

Question the Verity of the Accusation

It is not uncommon for people to press charges on others not because there is a valid cause, but only out of spite, hatred, anger, revenge, or envy. If this is the case, the elements of the crime will all have been made up by the plaintiff and will have been on no valid grounds. If proven, this pretty much assures the dismissal of the case.

Question the Parameters

Out of the parameters listed above, it is most common to question parameters 2 and 4.

The willfulness of action can be questioned if the circumstances leading to the incident are explained in detail. We live in a world where accidents can and do happen. It may not be our intention but sometimes we can cause harm to people.

For instance, if a person is riding a bike and suddenly has to avoid a speeding car and accidentally swerves onto a bystander. The defense for this would be to say that the biker did not willfully harm the bystander, he was only avoiding a car.

Assault charges can also be deflected by arguing that a person could not use force on someone. A person shaking his fists at someone can be charged with assault, but if he is shaking his fists from a window ten floors above the ground, then there is no more reason to believe that the person on the receiving end could have been harmed by the perpetrator.

Assault charges are complex areas of the law, so if you are facing one now, be sure to contact an Upland, CA, criminal defense attorney from the Law Offices of Marc Grossman to help you build up your defense. We will fight for you!

Related Offenses

Battery (CPC §242)

Assault and battery often go hand in hand and are even often treated as one unit. We said a while ago that assault is an action that leads a person to believe that he would be harmed; battery is the bodily harm-causing action itself. This way, when the battery happens, the assault is said to be completed.

A person is charged with battery if he willfully and unlawfully comes into physical contact with someone in a harmful or offensive way, causing bodily injury outside the context of self-defense or reasonably disciplining a child.

Batteries can be charged as a misdemeanor or felony, depending on the victim’s resulting injuries.

Assault with a Deadly Weapon that is Not a Firearm (CPC §245(a)(1))

The California Penal code section 245(a)(1) charges people who assault others with a deadly weapon that is not a firearm with a force that is likely to cause significant injuries.

Assault with a deadly weapon is also a wobbler offense in that it can be charged as a misdemeanor or a felony. Penalties can include a fine of %10,000, up to four years in state prison, or both.

Assaulting a Public Servant (CPC §217.1(a))

Assaulting a public servant occurs when a person assaults any public officer, from the President to a peace officer, or even to any law enforcement officer. However, CPC §217.1(a) only applies to cases where the public servant is assaulted in retaliation or to prevent them from performing their official duties.

Penalties could include fines up to $10,000, 3 years in county jail, or both.

Disturbing the Peace (CPC §415)

Disturbing the peace entails fighting or challenging someone to a fight in public, intentionally making an unreasonably loud noise to disturb someone else, using offensive words to incite violence in public.

Disturbing the peace is punishable with 90 days in county jail, fines of up to $400, or both.

Should you have more questions regarding assaults and related offenses, don’t hesitate to contact a criminal defense lawyer at the Law Offices of Marc Grossman, an Upland, California criminal defense law firm. Our lawyers are knowledgeable of criminal law and will defend you against your criminal charges.

Unlawful detainment refers to the restriction of a person’s freedom to leave by a police officer without presenting a legal justification for doing so. Unlawful police detention is a violation of the Fourth Amendment, which prohibits law enforcement officers from conducting unreasonable searches and seizures. If you were illegally detained by the police, seek legal assistance from a criminal defense attorney as soon as possible.

Detention vs Arrest

Police detention is different from an arrest in that while both take away a person’s freedom of movement, detentions are less intrusive than arrests since it doesn’t require the defendant to be put in custody. There are various types of encounters with law enforcers, and not all of these are considered detention. These include:

• Purely consensual police encounters;
• Stop and frisks and other kinds of short detention;
• Encounters in a traffic stop; and
• Executing an arrest warrant.

Arrests allow law enforcers to conduct a full search of the suspect and use restraint to take you into custody for a criminal law violation. However, these can only be made when there’s probable cause for a criminal offense. Otherwise, using unlawful restraint or arresting without probable cause is considered a false arrest.

If a law enforcer falsely arrested you or violated your constitutional rights, consult a local defense lawyerto learn about what legal action you should take.

Encounters Considered as Detainment

Terry stops.These are brief detentions that involve stopping and frisking suspects when there’s a reasonable suspicion of a crime. While you are not free to leave during a Terry stop, the police officer is also limited to searching you for weapons through frisking and only for a short period.

Traffic stops. If an officer has reasonable suspicion that a crime or traffic infraction occurred, they can prevent both drivers and passengers from leaving for a short duration while they search for evidence of the suspected offense.

If you were wrongfully arrested or detained by a police officer, speak with a criminal defense lawyer to discuss the circumstance of your arrest and get legal aid.

Examples of Unlawful Detention

You are considered to be unlawfully detained if police officers violate your Fourth Amendment rights through any of the following:

• Lying to obtain search or arrest warrants;
• Conducting an unlawful arrest;
• Detaining someone for an unreasonable cause;
• Detain someone for an excessively long period; and
• Restraining with or using excessive force in an arrest.

Generally, lawful detention only lasts for the amount of time it takes to find proof of committing a crime. The detention can last longer if the officer finds evidence of a crime, but if not, it becomes unlawful to continue detaining you.

Legal Actions You Can Take

If you were a victim of unlawful detention or confinement, there are several things you can do under federal and state law.

The first one is to file a complaint against the law enforcement officer. This will hold the police officer accountable and can result in them getting reprimanded, suspended, or even fired.

Another thing you can do is filing an exclusionary motion to the court for any evidence of a crime found during the wrongful detention. If you were charged with a crime after being unlawfully detained, you can ask the court to have the prosecution disregard evidence collected in wrongful imprisonment or detainment. In most cases, the prosecutor will have to drop charges due to a lack of evidence.

File a state or federal lawsuit against the officer or department to get an injunction. You can have the police department sued to enjoin them to take a particular action, such as changing arrest policies, moving officers into departments that don’t interact with the public, or requiring local police to undergo additional training.

A lawsuit can also be filed in requesting monetary damages as compensation to the victims of police misconduct. The compensation owed covers the following damages:

• Damage to their reputation from the wrongful arrest;
• Lost wages and reduced earning capacity due to sustained injuries;
• Loss of liberty from unlawful detainment;
• Medical expenses for injuries due to excessive force; and
• Physical pain and suffering and emotional distress due to the violations.

Punitive damages can also be awarded to the victim as punishment for the wrongful conduct or unlawful arrest policy of legal authority.

If you’re a victim of unlawful detainment or false imprisonment and arrest, you should speak with an attorney especially if you’re facing criminal charges. Our experienced criminal defense attorneys can discuss your options with you, prepare your defense for the criminal case, and assist you throughout the legal process.  At the Law Offices of Marc Grossman, we will fight for you. Call us today to schedule your free consultation!