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If a burglar breaks into your home and cuts you with his

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knife while he attempts to...
If a burglar breaks into your home and cuts you with his knife while he attempts to tie you up, what would he be charged with?
JA: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.
Customer: I'm just using this to write a paper for school. I can afford $5. but how much is it after?
JA: It's only $5.
Customer: Per legal question?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California apartment complex
JA: Has anything been filed or reported?
Customer: it's hypothetical for an ethics and torts paper
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes please. What is the Apartment owners legal and ethical responsibilities to the tenant and apartment manager who were both badly cut by the intruder.
Submitted: 1 year ago.Category: Homework
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Answered in 6 minutes by:
8/31/2016
Tutor: gradycolleen,
 replied 1 year ago
gradycolleen
Category: Homework
Satisfied Customers: 555
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Hello. I will help you today. I have been an attorney for 27 years. I am reviewing your question and will be back to you shortly.

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Customer reply replied 1 year ago
Cool thanks Colleen!
Tutor: gradycolleen,
 replied 1 year ago

The person could be charged with Burglary, Attempted Kidnapping and Assault. I will get you the law.

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Tutor: gradycolleen,
 replied 1 year ago

Here is Burglary in the 1st Degree:

459. Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary. As used in this chapter, "inhabited" means currently being used for dwelling purposes, whether occupied or not. A house, trailer, vessel designed for habitation, or portion of a building is currently being used for dwelling purposes if, at the time of the burglary, it was not occupied solely because a natural or other disaster caused the occupants to leave the premises.

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Tutor: gradycolleen,
 replied 1 year ago

Here is

PENAL CODE - PEN

PART 1. OF CRIMES AND PUNISHMENTS [25 - 680]

( Part 1 enacted 1872. )

TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248]

( Title 8 enacted 1872. )

CHAPTER 9. Assault and Battery [240 - 248]

( Chapter 9 enacted 1872. )

245.

(a) (1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.

(2) Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment.

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Tutor: gradycolleen,
 replied 1 year ago

Here is the Kidnapping law:

PENAL CODE
SECTION 207-210

207. (a) Every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping. (b) Every person, who for the purpose of committing any act defined in Section 288, hires, persuades, entices, decoys, or seduces by false promises, misrepresentations, or the like, any child under the age of 14 years to go out of this country, state, or county, or into another part of the same county, is guilty of kidnapping. (c) Every person who forcibly, or by any other means of instilling fear, takes or holds, detains, or arrests any person, with a design to take the person out of this state, without having established a claim, according to the laws of the United States, or of this state, or who hires, persuades, entices, decoys, or seduces by false promises, misrepresentations, or the like, any person to go out of this state, or to be taken or removed therefrom, for the purpose and with the intent to sell that person into slavery or involuntary servitude, or otherwise to employ that person for his or her own use, or to the use of another, without the free will and consent of that persuaded person, is guilty of kidnapping. (d) Every person who, being out of this state, abducts or takes by force or fraud any person contrary to the law of the place where that act is committed, and brings, sends, or conveys that person within the limits of this state, and is afterwards found within the limits thereof, is guilty of kidnapping. (e) For purposes of those types of kidnapping requiring force, the amount of force required to kidnap an unresisting infant or child is the amount of physical force required to take and carry the child away a substantial distance for an illegal purpose or with an illegal intent. (f) Subdivisions (a) to (d), inclusive, do not apply to any of the following: (1) To any person who steals, takes, entices away, detains, conceals, or harbors any child under the age of 14 years, if that act is taken to protect the child from danger of imminent harm. (2) To any person acting under Section 834 or 837.

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Customer reply replied 1 year ago
What ethical and legal responsibilities does the apartment owner have towards his tenant and resident manager for their injuries?
Tutor: Dr. Donna Kakonge, Retired College Professor replied 1 year ago
Dr. Donna Kakonge
Dr. Donna Kakonge, Retired College Professor
Category: Homework
Satisfied Customers: 1,032
Experience: Owner at Donna Kay Kakonge, MA, ABD
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Dear Customer,

I will have the answer to your current question in just a moment.

Kindest regards,

Donna Kakonge, BJ, MA, TESOL, LLB, ABD

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Tutor: Dr. Donna Kakonge, Retired College Professor replied 1 year ago

Dear Customer,

Fifteen years ago, a landlord would not be held liable for any injuries that a tenant would have from a third-party's criminal activity. Recently, the courts are now beginning to hold landlords in the United States liable for injuries that a tenant would suffer. This is why it is imperative that a landlord have proper insurance to guard against any potential lawsuit claims because the insurance can cover the cost of the lawsuit(s), however the landlord's insurance fees would then go up.

I am now ready to be rated.

Thank you,

Donna

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Tutor: Dr. Donna Kakonge, Retired College Professor replied 1 year ago
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