Abandoning an Appliance Without Removing Its Door

Violation of Penal Code 402b PC

The abandoned refrigerator law, as defined under California Penal Code Section 402, subsection (b), pertains to the act of leaving or abandoning a refrigerator or any other large appliance that has a capacity of more than 1.5 cubic feet, in a place accessible to children, without removing the door or taking reasonable precautions to prevent harm.

When it comes to defenses to Penal Code Section 402 subsection (b), there are a few potential arguments that can be made. One defense could be that the door of the refrigerator was removed, which eliminates the risk of harm to children. Another defense could involve demonstrating that reasonable precautions were taken to secure the door, such as locking or sealing it to prevent access. Additionally, the defense of necessity may be applicable if leaving the refrigerator in a certain location was necessary to prevent a greater harm or danger.

The penalties for violating Penal Code Section 402 subsection (b) can vary depending on the circumstances and the severity of the offense. Generally, it is considered a misdemeanor offense, punishable by imprisonment in county jail for up to one year and/or a fine of up to $1,000.

Public nuisance, as outlined in Penal Code Sections 372 and 373 subsection (a), can be considered a related offense to the abandoned refrigerator law. If the act of leaving or abandoning the refrigerator creates a condition that is injurious to health, is indecent, offensive to the senses, or interferes with the comfortable enjoyment of life or property, it may be considered a public nuisance.

Trespass, under Penal Code Section 602, can also be considered a related offense if the act of leaving or abandoning the refrigerator occurs on someone else's property without their permission.

Child endangerment, as defined in Penal Code Section 273 subsection (a), can be a potential defense if it can be shown that leaving or abandoning the refrigerator posed a significant risk to the safety and well-being of a child.

To defeat a charge of Penal Code Section 402 subsection (b), our skilled California criminal defense lawyers can employ various strategies. They may challenge the evidence presented by the prosecution, question the intent or knowledge of the defendant, argue for the applicability of valid defenses such as the removal of the door or the necessity of the situation, or present mitigating factors that could warrant a lesser punishment. A defense lawyer will work diligently to protect the rights of the accused and strive for the most favorable outcome possible in their case.