LD 7 Flashcards
ADW
PC 245 (always a felony)
An attempt upon the person of another with a deadly weapon or instrument or by any means of force likely to produce great bodily injury
*injury doesn’t matter it is the force used
Ex. Throwing a rock at someones head and missing is ADW
Elderly or Dependent adult abuse
PC 368 wobbler
Infliction of unjustifiable physical pain or mental suffering upon an elder or dependent adult. Theft or embezzlement from either
-willfully causes suffering, injury, endangering
Felony:if it causes SBI
Kidnapping
PC 270 Felony
When a person is focible, by means of instilling fear, takes another person to another place against their will
*does not have to be physical force as long as commands are given and the vict feels they have to obey
False Imprisonment
PC 236 Misdemeanor
Unlawful violation of someones personal liberty
(Restraining, confining, detaining, compelling someone to stay or go)
Felony: if accomplished by means of violence, menace, fraud, or deceit
Battery
PC 242 (wobbler)
Any willful and unlawful use of force or violence upon the person of another
- any injury from battery that is treatable is a felony (SBI)
- every battery contains the lesser crime of assault
Child Abduction W/O Custodial Rights
Felony
-a person (someone who knows the child) not having custodial rights maliciously withholds the child from the person having lawful custody
*only applies to 18 and under
Good Samaritan Exception
Withholding a child to protect them
Child abduction with custodial rights
PC 278.5
Withholding child to deprive other person of their custodial rights
*applies to 18 and under
Felony Degree Murder
Pet Poly
- Premeditated
- Explosives
- Torture
- Poison (poisoning someone)
- Lying In Wait (terrorist attacks)
Felony Murder Rule
When any killing happens during the commission of certain felonies
- Arson (set something on fire and someone dies: murder)
- Burglary (someone dies from a heart attack:Murder)
- Mayhem (remove an arm and someone dies:murder)
- Rape
- Car Jacking
- Kidnapping
- Drive by
Manslaughter
(Voluntary)
Unlawful killing of a human being w/o malice aforethought
-upon a sudden quarrel or heat of passion
Involuntarily Manslaughter
Felony
- commission of a unlawful act not amounting to a felony
- commission of a lawful act which might produce death in an unlawful manner
- w/o caution and circumspection
Robbery
Pc 211 Felony
- felonious taking of personal property in the possession of another
- taking property of another
- from there immediate presence
- against their will
- accomplished by means of force or fear
Carjacking
Pc 215 Felony
- taking a car
- from the person or immediate person
- by means of force or fear
- with intent to either permanently or temp. deprive
- once person has dominion and control
Murder
Pc 187 Felony
Unlawful killing of a human being, or fetus with malice aforethought
