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Charge Navigator

Understanding Criminal
Charges: What You Need
To Know.

Click a charge to learn the elements of, defenses to, and potential sentences for the Offense

651e72fe835f453a278620db_molestion

Molestation

651e9e39d3f55464374fe58e_rape-clipart-scaled-p-500

Rape/ Sexual Assault

child-pornography-clipart-p-500

Child Pornography

Internet Sting (1)

Cyber Sex

shutterstock_116406202

Homicide

Fist & Gun

Violent Felonies

Child Abuse

Child Physical Abuse

White Collar

White Collar Offenses

651e72fe835f453a278620db_molestion

Molestation

PC 288(a)/(b)– Lewd Act on a child under the age of 14.
element
Elements

  • Defendant willfully and lewdly touched the body of a child.

  • The child was under 14 years of age.
  • The touching was done with the intent to arouse, appeal, or gratify the lust, passions, or sexual desires of the defendant or the child.
defenses
Defenses
  • Alleged victim is not under 14.
  • Contact was not sexual in nature.
  • False accusation.
sentencing
Sentencing, Enhancements and Probations Eligibility
  •  No force: 
    • 3, 6 or 8 years in state prison.
    • Eligible for Felony Probation 
  • Force or duress used: 5, 8 or 10 years in state prison
consequences
Collateral Consequences
  • Strike
  • Serious and violent felony
  • Possible Professional License revocation/suspension/restriction
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
  • DNA Bank
  • AIDS testing
PC 288.7(a) Sodomy with of a child under 10.
element
Elements
  •   Defendant was 18 years of age or older.
  •   Defendant engaged in sexual intercourse or sodomy with the victim.
  •   The alleged victim was 10 years of age or younger.
defenses
Defenses
  • Victim was 10 years old or older.
  • Contact was not “sexual” in nature.
  • False accusation.
sentencing
Sentencing
  • 25 to life 
  • Probation Eligibility: No.
  • Three Strikes Law (2 prior felonies) – Life
  • Two or more Victims (Life)
consequences
Collateral Consequences
  • Strike
  • Serious and Violent Felony
  • Possible Professional License revocation/suspension
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
  • DNA Bank
PC 288.7(b) Sexual Penetration/oral Copulation of a child Under 10.
element
Elements
  • Defendant was 18 years of age or older.
  • Defendant engaged in oral copulation or sexual penetration with the victim.
  • The alleged victim was 10 years of age or younger.
defenses
Defenses
  • Victim was over 10 years old.
  • Contact was not “sexual” in nature.
  • False accusation.
sentencing
Sentencing
  • 25 to life Low/Mid/High Term
  • Probation Eligibility: No.
  • Three Strikes Law (2 prior felonies) – Life
  • Two or more Victims (Life)
consequences
Collateral Consequences
  • • Strike
  • Serious and Violent Felony
  • Possible Professional License revocation/suspension
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
  • DNA Bank
PC 287 Oral Copulation with a minor:
element
Elements
  • Defendant engaged in an act of oral copulation with a person. “Oral copulation” is defined as any contact between the mouth of one person and the sexual organ or anus of another. 
  • The Victim was under 18 years of age.
defenses
Defenses
  • Alleged victim is not a minor. 
  • Contact was not sexual in nature.
  • False accusation.
sentencing
Sentencing
  • Victim Under 18:
    • Low: 16 months
    • Mid: 2 years
    • High: 3 years
  • Victim Under 16
    • Low: 3 years
    • Mid: 6 years
    • High: 8 years
  • Victim Under 14
    • Low: 7 years
    • Mid: 9 years
    • High: 11 years 
    • Substantial sexual conduct under 10 - oral cop/penetration
    • Third strike
    • Two or more Victims
       Up to Life:
  • Probation eligible: Only if the Victim is 17 or older.
consequences
Collateral Consequences
  • Strike (under 14)
  • Serious and Violent Felony (under 14)
  • Possible Professional License revocation/suspension/restriction
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
  • DNA Bank
  • AIDS testing
  • False Allegations of Child Sexual Abuse by Lee Coleman and Patrick Clancy
  • Understanding the Criminal Law Process
PC 286 Sodomy with a minor
element
Elements
  • Defendant participated in an act of sodomy with Victim.
  • The Victim was under 18 years of age. [PC286(b)(1)]
defenses
Defenses
  • Reasonably believed the victim an adult(limited)
  • False allegation
  • Consent
sentencing
Sentencing
  • Victim Under 18: 
    • Low: 1 year 4 months
    • High: 2 years
  • Victim Under 
    • Low 16 months
    • Medium: 2 years
    • High: 3 years
  • Victim Under 14
    • Low: 9 years
    • Mid: 11 years
    • High: 13 years
  • Probation Eligibility: Yes, if victim 14 or older.
  • Three Strikes Law (2 prior felonies) – Life
  • Two or more Victims (Life)
consequences
Collateral Consequences
  • Strike (if under 14).
  • Serious Felony (if under 14).
  • Violent Felony (if under 14).
  • Possible Professional License revocation/suspension/restriction
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
  • DNA Bank
  • AIDS testing
PC 288.5 - Engaging in the continuous sexual abuse of a child under 14 years of age
element
Elements
  • Defendant was a resident with the minor or had recurring access to the minor; and 
  • Defendant over a period of not less than 3 months engaged in 3 or more acts of substantial sexual conduct, or 3 or more acts of lewd or lascivious conduct, with the victim who was under the age of 14 years at the time.
defenses
Defenses
  • Alleged victim not a “child”
  • There were no sexual acts
  • Falsely accusation
  • No recurring access
sentencing
Sentencing
  • Two or more Victims 
  • D has prior PC 261(a)(2)(6), 262(a)(1)(4), 264.1, 286, 287, former 288a, 288(a)(b), 288.5 or 289(a)
  • D kidnapped victim - movement of victim substantially increased risk of harm to victim
  • D inflicted aggravated mayhem (PC 205)
  • D tortured victim (PC 206)
  • Act committed during residential (1st degree) burglary - D intended to commit sex act
  • D personally inflicted GBI (PC 12022.53, 12022.7, 12022.8)
  • D personally inflicted bodily harm on ·victim under 14 years of age
  • D kidnapped victim - movement did not substantially increase risk of harm to victim
  • D Act committed during residential burglary or commercial burglary when building closed to public
  • D used a weapon (PC 12022, 12022.3, 12055.5, 12022.53)
  • D convicted of specified sex offenses against more than one person
  • D engaged in tying or binding victim or another
  • D administered controlled substance (PC 12022.75)
consequences
Collateral Consequences
  • Strike
  • Serious and violent felony
  • Possible Professional License revocation/suspension/restriction
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
  • DNA Bank
  • AIDS testing
Shutterstock_1996240391cropped

Rape/Sexual Assault

PC 243.4 – Sex Assault
element
Elements
  • Touching the intimate part or parts of another person.
  • The touching was against that person’s will.
  • The touching was for the purpose of sexual arousal, gratification, or abuse.
defenses
Defenses
  • Consent
  • Insufficient Evidence
  • False Allegation
sentencing
Sentencing
  • Low 2 years
  • Mid 3 years
  • High 4 years
  • Probation Eligibility: Yes.
  • Three Strikes Law (2 prior felonies) – Life
consequences
Collateral Consequences
  • Strike
  • Serious and violent felony
  • Possible Professional License revocation/suspension/restriction
  • Sex Registration
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
PC 261 - Rape
element
Elements
  • The defendant engaged in an act of sexual intercourse with a person other than the defendant's spouse.
  • The act of intercourse was against the will of the alleged victim.
  • The act was accomplished by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the alleged victim or to another person.
  • The offense involved separate victims or involved the same victim on separate occasions. [PC 261 (a)(2)]
defenses
Defenses
  • Consent
  • No sexual intercourse occurred
  • False accusation
sentencing
Sentencing
  • Low 8 years
  • Mid 10 years
  • High 12 years
  • Probation Eligibility: No.
  • Three Strikes Law (2 prior felonies) – Life
consequences
Collateral Consequences
  • Serious and violent felony
  • Possible Professional License revocation/suspension/restriction
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sexually violent predator
  • Sex Registration
child-pornography-clipart-p-500

Child Pornography

PC 311.11(a) – Possession of Child Pornography
element
Elements
  • Defendant knowingly possessed or controlled any matter, representation of information, data, or image that contained or incorporated in any manner obscene matter involving the use of a person under the age of 18 years.
  • Defendant knew that the matter depicted a person under the age of 18 years personally engaging in or simulating sexual conduct.
defenses
Defenses
  • Did not know person depicted was under 18.
  • Did not possess child pornography.
  • Unlawful search and seizure.
sentencing
Sentencing
  • Low: 16 months
  • Mid: 2 years
  • High Term: 3 years
  • Probation Eligibility: Yes
consequences
Collateral Consequences
  • Possible Professional License revocation/suspension/restriction 
  • DNA Bank
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
PC 311.10(a) – Distribution of Child Pornography
element
Elements
  • Defendant advertised for sale or distribution any obscene matter.
  • Defendant had knowledge that the obscene matter depicted a person under the age of 18 years engaging in or personally simulating sexual conduct.
defenses
Defenses
  • Did not know person depicted was under 18.
  • Did not possess child pornography.
  • Unlawful search and seizure.
sentencing
Sentencing
  • Low: 2 Years
  • Mid: 3 years
  • High Term: 4 years
  • Probation Eligibility: Yes
consequences
Collateral Consequences
  • Possible Professional License revocation/suspension/restriction 
  • DNA Bank
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
18 USC 2252 (Federal Charge) - Possession of Child Pornography
element
Elements
  • Defendant knowingly possessed media depicting a minor[s] engaged in sexually explicit conduct;
  • Defendant knew visual depictions contained in the media were of a minor[s] engaged in sexually explicit conduct;
  • Defendant knew that production of such visual depictions involved use of a minor in sexually explicit conduct;
  • Each visual depiction had been transferred using any means or facility of interstate commerce or affecting interstate commerce.
defenses
Defenses
  • Defendant did not possess the depictions.
  • The Depictions were not of minors;
  • Defendant did not know that the depictions were of minors.
  • Defendant did not know the visual depictions were created with the use of minors in sexually explicit conduct;
  • The depictions were not transferred in interstate commerce and the transfer did not affect interstate commerce.
sentencing
Sentencing
  • 5 years to 20 years for first-time offense
consequences
Collateral Consequences
  • Possible Professional License revocation/suspension/restriction 
  • DNA Bank
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
Internet Sting (1)

Cyber Sex

PC 288.2 – Transmitting explicit or obscene matter to a minor with the intent of sexually arousing the sender and/or the recipient, and/or seducing the recipient.
element
Elements
  • Defendant knowingly sent, exhibited, distributed or offered to distribute by any means, obscene matter, or live or recorded telephone messages to a minor.
  • Defendant had knowledge that the victim was a minor or failed to exercise reasonable care in ascertaining the true age of the minor.
  • The defendant acted with the specific intent to arouse, appeal to or gratify the lust, passions, or sexual desires of his or her self or the child.
defenses
Defenses
  • Defendant did not transmit any “harmful matter”
  • Any matter transmitted was not “harmful”
  • No criminal intent
sentencing
Sentencing
  • Low: 2 years.
  • Mid: 3 years.
  • High: 5 years
  • Probation Eligibility: Yes
consequences
Collateral Consequences
  • Possible Professional License revocation/suspension/restriction 
  • DNA Bank
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
PC 288.3 Contacting a minor with the intent to commit a lewd act.
element
Elements
  • Defendant willfully and lewdly touched the body of a child.
  • The child was under 14 years of age.
  • The touching was done with the intent to arouse, appeal , or gratify the lust, passions, or sexual desires of the defendant or the child.
defenses
Defenses
  • No intend to commit one of the underlying offenses.
  • Did not know the person was a minor.
  • Entrapment.
sentencing
Sentencing
  • Low: 1 year, 6 months;
  • Mid: 3 years
  • High: 4 years. 
  •  Probation Eligibility: No.
consequences
Collateral Consequences
  • Possible Professional License revocation/suspension/restriction 
  • DNA Bank
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
PC 288.4 - Arranging a meeting with a minor with the intent to engage in sexual conduct.
element
Elements
  • Defendant arranged a meeting with a minor or person he or she believes to be a minor for the purpose of (1) exposing his or her genitals or pubic or rectal area, (2) having the child expose his or her genitals or pubic or rectal area, or (3) engaging in lewd or lascivious behavior.
  • Defendant was motivated by an unnatural or abnormal sexual interest in children.
  • Defendant went to the arranged meeting place at or about the arranged time.
defenses
Defenses
  • Not motivated by a sexual interest in children;
  • No intent to engage in lewd activity at the meeting;
  • Did not know the other person was a minor;
  • Entrapment.
sentencing
Sentencing
  • Low: 2 years.
  • Med: 3 years.
  • High: 4 years.
  • Probation Eligibility: Special case.
consequences
Collateral Consequences
  • Possible Professional License revocation/suspension/restriction 
  • DNA Bank
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
664 288a Attempted Lewd Act on a child under the age of 14
element
Elements
  • Defendant intended to arouse, appeal , or gratify the lust, passions, or sexual desires of the defendant or the child and took a direct but ineffective step to lewdly touch the body of a child under 14 years of age.
defenses
Defenses
  • No direct act to commit a lewd act on a child
  • No intent to commit a lewd act on a child 
  • Abandonment of the attempt.
sentencing
Sentencing
  • Low: 16 months,
  • Mid: 4 years,
  • High: 4 years.
  • Probation Eligibility: Special case.
consequences
Collateral Consequences
  • Possible Professional License revocation/suspension/restriction 
  • DNA Bank
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
shutterstock_116406202

Homicide

PC 187 - First Degree Murder
element
Elements
  • A human being or a fetus was killed.
  • The killing was unlawful.
  • The killing was done:
    • with malice aforethought, being premeditated and deliberate or
    • The killing occurred during the commission or attempted commission of a crime, a crime inherently dangerous to human life. [PC 187(a)]
defenses
Defenses
  • No malice/premeditation
  • Insanity,
  • Accident
  • Unlawful search and seizure
  • Coerced confession
  • Accused did not commit the murder/mistaken identity
sentencing
Sentencing
  • 25 years to life or death penalty if special circumstances apply (intentionally killing for financial gain).
  • Probation Eligibility: Yes.
  • Three Strikes Law (2 prior felonies) – Life
consequences
Collateral Consequences
  • Serious Felony
  • Violent Felony
  • Super strike
  • DNA Bank
  • Possible Professional License revocation/suspension/restriction 
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
PC 187 - Second Degree Murder/Felony Murder
element
Elements
  • A human being or a fetus was killed.
  • The killing was unlawful.
  • The killing was any other killing not murder of the first degree.
  • The killing was done without premeditation or deliberation. [PC 189]
  • Felony Murder – Committed in the course of a dangerous felony
defenses
Defenses
  • Self-defense/defense of others;
  • Insanity,
  • Killing was accidental,
  • Unlawful search and seizure,
  • Coerced confession,
  • Accused did not commit the murder/mistaken identification.
sentencing
Sentencing
  • 15-Life
  • Probation Eligibility: Yes.
  • Three Strikes Law (2 prior felonies) – Life
consequences
Collateral Consequences
  • Serious Felony
  • Serious and Violent Felony
  • Super Strike
  • DNA Bank
  • Possible Professional License revocation/suspension/restriction 
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
PC 192(a) Voluntary Manslaughter
element
Elements
  • A human being was killed.
  • The killing was unlawful.
  • The killing was done without malice.
  • Defendant killed the victim upon a sudden quarrel or in the heat of passion.
defenses
Defenses
  • Self-defense/defense of others.
  • Insanity.
  • Accident.
sentencing
Sentencing
  • Low: 3 years
  • Mid: 6 years
  • High: 11 years.
  • Probation Eligibility: Yes.
  • Three Strikes Law (2 prior felonies) – Life
consequences
Collateral Consequences
  • Serious and violent Felony
  • Strike
  • DNA Bank
  • Possible Professional License revocation/suspension/restriction 
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
PC 192(b) Involuntary Manslaughter
element
Elements
  • A human being was killed.
  • The killing was unlawful.
  • The victim was killed
    • during the commission of an unlawful act by the defendant not amounting to a felony, or
    • during a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection.
defenses
Defenses
  • Self-defense/defense of others;
  • Accident not a result of defendant’s criminal activity or negligence;
  • Insufficient evidence;
  • False accusation.
sentencing
Sentencing
  • Low: 2 years
  • Mid: 3 years
  • High: 4 years.
  • Probation Eligibility: Yes.
  • Three Strikes Law (2 prior felonies) – Life
consequences
Collateral Consequences
  • Serious Felony
  • Strike
  • DNA Bank
  • Possible Professional License revocation/suspension/restriction 
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
PC 192(c) Vehicular Manslaughter
element
Elements
  • A human being was killed.
  • The killing was unlawful.
  • Defendant drove a vehicle in the commission of
    • an unlawful act not amounting to a felony and with gross negligence or
    • a lawful act which might produce death, in an unlawful manner, and with gross negligence.
defenses
Defenses
  • No negligence or gross negligence;
  • The negligence didn’t cause the victim’s death
  • An emergency existed and acts were reasonably under the circumstances.
sentencing
Sentencing
  • Low: 2 years
  • Mid: 3 years
  • High: 4 years.
  • Probation Eligibility: Yes.
  • Three Strikes Law (2 prior felonies) – Life
consequences
Collateral Consequences
  • Serious Felony
  • Strike
  • DNA Bank
  • Possible Professional License revocation/suspension/restriction 
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
Fist & Gun

Violent Felonies

PC 245(a)(1) Assault with a Deadly Weapon
element
Elements
  • The defendant assaulted victim.
  • The assault was committed with a deadly weapon
defenses
Defenses
  • Low: 2 years
  • Mid: 3 year
  • High: 4 years
  • Probation Eligibility: Only in unusual case.
  • Three Strikes Law (2 prior felonies) – Life
sentencing
Sentencing
  • Weapon not lethal,
  • Actions not willful,
  • Self-defense/defense of others.
consequences
Collateral Consequences
  • Serious Felony
  • Strike
  • DNA Bank
  • Possible Professional License revocation/suspension/restriction 
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
PC 273.5 Domestic Violence
element
Elements
  • Defendant willfully inflicted corporal injury on victim.
  • Victim was either:
    • defendant's spouse or former spouse
    • person with whom he or she is or was cohabitating with fiance or fiancee, or someone with whom the offender has, or previously had, an engagement or dating relationship
    • the mother or father of his or her child
  •  Corporal injury resulted in a traumatic condition.
defenses
Defenses
  • Self-defense/defense of others.
  • Accident
  • False accusation
sentencing
Sentencing
  • Low: 2 years
  • Mid: 3 year
  • High: 4 years
  • Probation Eligibility: Yes.
consequences
Collateral Consequences
  • DNA Bank
  • Possible Professional License revocation/suspension/restriction 
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
PC 207(a) Kidnapping
element
Elements
  • Defendant unlawfully moved a person by use of force or by any other means of instilling fear.
  • The defendant moved the victim without his or her consent.
  • Defendant moved Victim for a substantial distance, that is, a distance more than slight or trivial.
defenses
Defenses
  • Consent
  • Insufficient movement
  • Did not perform the kidnapping even though present
  • False accusation/mistaken identity
  • Legal right to move the alleged victim (parent/guardian/custody).
sentencing
Sentencing
  • Low: 3 years
  • Mid: 5 year
  • High: 8 years.
  • Probation Eligibility: Yes.
  • Three Strikes Law (2 prior felonies) – Life
consequences
Collateral Consequences
  • Serious Felony
  • Strike
  • DNA Bank
  • Possible Professional License revocation/suspension/restriction 
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
PC 236 False Imprisonment
element
Elements
  • Defendant 
    • intentionally restrained, confined, or detained Victim or
    • compelled the victim to stay or go somewhere.
  • The defendant's act of offense was against the victim's will.
defenses
Defenses
  • Consent
  • Defendant had legal authority to restrain the victim
  • Self-defense/defense of others
sentencing
Sentencing
  • Low:  16 months
  • Mid: 2 years
  • High: 3 years.
  • Probation Eligibility: Yes.
consequences
Collateral Consequences
  • DNA Bank
  • Possible Professional License revocation/suspension/restriction 
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition.
PC 192(c) Vehicular Manslaughter
element
Elements
  • A human being was killed.
  • The killing was unlawful.
  • Defendant drove a vehicle in the commission of
    • an unlawful act not amounting to a felony and with gross negligence or
    • a lawful act which might produce death, in an unlawful manner, and with gross negligence.
defenses
Defenses
  • No negligence or gross negligence;
  • The negligence didn’t cause the victim’s death
  • An emergency existed and acts were reasonably under the circumstances.
sentencing
Sentencing
  • Low: 2 years
  • Mid: 3 years
  • High: 4 years.
  • Probation Eligibility: Yes.
  • Three Strikes Law (2 prior felonies) – Life
consequences
Collateral Consequences
  • Serious Felony
  • Strike
  • DNA Bank
  • Possible Professional License revocation/suspension/restriction 
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
Child Abuse

Child Physical Abuse

PC 206 Torture
element
Elements
  • The defendant inflicted extreme cruel physical pain and suffering upon a living human being.
  • Defendant caused great bodily injury to the victim.
  • Defendant intended to inflict such pain and suffering for the purpose of revenge, extortion, persuasion or for any sadistic purpose.
  • Victim may or may not have suffered any pain. 
defenses
Defenses
  • No Criminal purpose
  • Insanity
  • Self-defense/defense of others
sentencing
Sentencing
  • 7 years to life.
  • Probation Eligibility: Yes.
  • Three Strikes Law (2 prior felonies) – Life
consequences
Collateral Consequences
  • Serious Felony
  • Violent Felony
  • Strike
  • DNA Bank
  • Possible Professional License revocation/suspension/restriction 
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition.
PC 273d(a) Child Abuse
element
Elements
  • Defendant willfully inflicted cruel or inhuman corporal punishment or injury upon the body of a child.
  • The infliction of this punishment or injury resulted in a traumatic condition.
defenses
Defenses
  • False allegation
  • Mistaken Identity (injuries caused by another)
  • Acting within legal right to discipline
  • Accident
sentencing
Sentencing
  • Low:  2 years
  • Mid: 4 years
  • High: 6 year.
  • Probation Eligibility: Yes.
consequences
Collateral Consequences
  • DNA Bank
  • Possible Professional License revocation/suspension/restriction 
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
PC 278 Child Abduction
element
Elements
  • Defendant took, detained, concealed, or enticed away a minor child.
  • Defendant did not have a right of custody of the child.
  • Defendant acted maliciously and with the intent to detain or conceal the child from a lawful custodian of that child. 
defenses
Defenses
  • Legal custody
  • Did not remove from legal custodian
  • No malice
sentencing
Sentencing
  • Low:  2 years
  • Mid: 3 years
  • High: 4 years
  • Probation Eligibility: Yes.
consequences
Collateral Consequences
  • DNA Bank
  • Possible Professional License revocation/suspension/restriction 
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
PC 236 False Imprisonment
element
Elements
  • Defendant 
    • intentionally restrained, confined, or detained Victim or
    • compelled the victim to stay or go somewhere.
  • The defendant's act of offense was against the victim's will.
defenses
Defenses
  • Consent
  • Defendant had legal authority to restrain the victim
  • Self-defense/defense of others
sentencing
Sentencing
  • Low:  16 months
  • Mid: 2 years
  • High: 3 years.
  • Probation Eligibility: Yes.
consequences
Collateral Consequences
  • DNA Bank
  • Possible Professional License revocation/suspension/restriction 
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition.
White Collar

White-Collar Offenses

PC 487 Grand Theft
element
Elements
  • Defendant took by theft money, labor, or real or personal property from another.
  • The value of said money, labor, or real or personal property taken exceeded nine hundred fifty dollars ($950.00).
defenses
Defenses
  • No intent to steal
  • Property belonged to defendant
  • Consent
  • False accusation
sentencing
Sentencing
  • Low:  1.4 years
  • Mid: 2 years
  • High: 3 years
  • Probation Eligibility: Yes.
consequences
Collateral Consequences
  • DNA Bank
  • Possible Professional License revocation/suspension/restriction 
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition.
PC 503 Embezzlement
element
Elements
  • A relationship of trust and confidence existed between Defendant and Victim.
  • Pursuant to that relationship Defendant accepted property entrusted to him or her by the Victim.
  • With the specific intent to deprive Victim of his or her property, Defendant appropriated or converted it to his or her own use or purpose.
defenses
Defenses
  • No Relationship of Trust
  • Good faith belief in right to the property
  • No intent to deprive.
sentencing
Sentencing
  • Low:  1.4 years
  • Mid: 2 years
  • High: 3 years
  • Probation Eligibility: Yes.
consequences
Collateral Consequences
  • DNA Bank
  • Possible Professional License revocation/suspension/restriction 
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition.
PC 520 Extortion
element
Elements
  • The defendant extorted property or other consideration from another.
  • The circumstances did not amount to robbery or carjacking.
  • The defendant used force or threat.
defenses
Defenses
  • No force or threat
  • False Accusation
  • Consent
sentencing
Sentencing
  • Low:  2 years
  • Mid: 3 years
  • High: 4 years
  • Probation Eligibility: Yes.
consequences
Collateral Consequences
  • DNA Bank
  • Possible Professional License revocation/suspension/restriction 
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition.
PC 470(a) Forgery
element
Elements
  • Defendant signed the name of another person or a fictitious person to a document.
  • Defendant had no authority to sign the other person's name or the name of a fictitious person.
  • Defendant knew he or she had no such authority.
  • Defendant signed the document with the specific intent to defraud.
  • The value of the forgery was greater than nine hundred fifty dollars ($950.00).Defenses
defenses
Defenses
  • No fraudulent intent
  • Defendant had authority to sign
  • Defendant had had a good faith belief that he or she had authority to sign
  • False accusation
  • Coerced confession
sentencing
Sentencing
  • Low:  1.4 years
  • Mid: 2 years
  • High: 3 years
  • Probation Eligibility: Yes.
consequences
Collateral Consequences
  • DNA Bank
  • Possible Professional License revocation/suspension/restriction 
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition.
PC 550(a)(1) False Claims
element
Elements
  • Defendant knowingly presented or caused to be presented a false or fraudulent claim for payment of a loss or injury, including payment of a loss or injury under a  contract of insurance or conspired or aided and abetted in doing so.
  • Defendant did so with the specific intent to defraud.
sentencing
Sentencing
  • Low:  2 years
  • Mid: 3 years
  • High: 5 years
  • Probation Eligibility: Yes.
consequences
Collateral Consequences
  • Serious Felony
  • DNA Bank
  • Possible Professional License revocation/suspension/restriction 
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition.