PC/CVC/MCR Flashcards
PC 243
Battery
Wobbler
- you touched someone else, and
- you did so willfully, unlawfully, and in a harmful or offensive manner.
PC 484
Petty Theft
Misdomeanor
- you took possession of property owned by someone else,
- the property is valued at $950 or less,
- you took the property without the owner’s consent,
- when you took the property, you intended to deprive the owner of it permanently, and
- you moved the property, even a small distance, and kept it for any period of time, however brief.
PC 487
Grand theft
wobbler
- You took possession of property owned by someone else;
- You did not have permission from the owner to take the property;
- When you took the property, you intended either
to deprive the owner of it permanently, or
to take it away from the owner for a period of time long enough that they would be deprived of a significant portion of the value or enjoyment of it; AND
You moved the property (this can be a very short distance) and kept it for a period of time (however brief)
PC 243(E)(1)
Domestic Battery
Misdomeanor
- the defendant willfully touched someone in a harmful or offensive manner (which is “simple battery“),
- the person was an intimate partner of the defendant’s, and
- the accused did not act in self-defense or in the defense of someone else.
PC 422
Criminal Threats
wobbler
- you willfully threatened to unlawfully kill or unlawfully cause great bodily injury to the alleged “victim,”
- you made the threat orally, in writing, or by means of an electronic communication device,
- you intended that your statement be understood as a threat and intended that it be communicated to the alleged “victim,”
- the threat was so clear, immediate, unconditional, and specific that it communicated a serious intention that the threat would be carried out,
- the threat actually caused the “victim” to fear for their own safety (or for the safety of their immediate family), and
- the “victim’s” fear was reasonable under the circumstances.
PC 417 (A)1/(A)2
Brandishing
(a) (1) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a deadly weapon other than a firearm in any fight or quarrel is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than 30 days.
Brandishing a Firearm
(a) (2) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a firearm in any fight or quarrel is punishable as follows:
wobbler
1.you drew or exhibited a deadly weapon or a firearm in the presence of someone else,
2.you did so in a rude, angry or threatening manner,
3.or you used the weapon or firearm in a fight or quarrel,
4.and you did not act in self-defense.2
PC 459R/C/A
(1st & 2nd Degree) Burglary (residential, commercial, automotive)
1st Felony / 2nd wobbler
- You entered a building, room within a building, locked vehicle or structure;
- At the time of entering that building, room, vehicle or structure, you intended to commit either a felony (which includes wobbler crimes) or a theft; and
- One or more of the following three things are true:
The value of the property that you stole or intended to steal was more than nine hundred fifty dollars ($950);
The structure that you entered was not a commercial establishment; OR
The structure that you entered was a commercial establishment, but you entered it outside of business hours.6
PC 273.5
Spousal Battery
wobbler
- The defendant intentionally and unlawfully inflicted a physical injury on his or her current or former spouse, cohabitant or child’s parent.
- The injury resulted in a traumatic condition.
- The defendant did not act in self-defense.
PC 273.6
Violating any term of a valid protective order
Misdomeanor
- a court lawfully issued a written order against you,
- the order was a protective order,
- you knew of the court order,
- you had the ability to follow the court order, and
- you willfully violated the court order
166.4
Contempt of court
Misdomeanor
- engaging in disrespectful behavior in a court proceeding (such as being loud / a breach of the peace / taunting the court clerk),
- willfully disobeying a lawful written order of the court,
- refusing to be sworn in as a witness,
- while serving as a witness, refusing to answer any material question when there is no legal exception,
- publishing a false account of court proceedings,
- willful disobedience of the terms of a lawful injunction, and
- violation of a protective order (stay away order) involving:
domestic violence,
elder abuse, and/or
adult dependent abuse.1
PC 211
Robbery
Felony
- You took property that was not your own;
- The property was in the possession of another person;
- You took the property from the other person or his/her immediate presence;
- You took the property against that person’s will;
- You used fear or force to take the property or prevent the other person from resisting; and
- When you used fear or force to take the property, you intended to deprive the owner of it either permanently or for a long enough time to deprive him/her of a major portion of its value
PC 207
Kidnapping
Felony
takes place when you move another person without that person’s consent by using force or fear.
PC 236
False Imprisonment
wobbler
- you intentionally and unlawfully restrained, detained, or confined a person, and
- your act made that person stay or go somewhere against that person’s will.
PC 245 (a)(1)/(a)(2)
(a)(1) assault with a deadly weapon
(a)(2) Assault with a firearm
A1 wobbler A2 Felony
(a)(1) 1. The defendant committed an act with a deadly weapon that by its nature would directly and most likely result in the application of force on another person OR the defendant did not use a weapon but used force likely to produce great bodily injury
2. The defendant acted willfully.
3. When the defendant acted, he or she was aware of facts that would cause a reasonable person to realize that their act would directly and probably result in the application of force to another
4. AND when the defendant acted, he or she had the present ability to use force on a person
(a)(2) 1. The defendant did an act with a firearm that by its nature would directly and probably result in
2. the application of force on a person.
3. The defendant acted intentionally.
4. When the defendant acted, he or she was aware of facts that would cause a reasonable person to realize that their act would directly and probably result in the application of force to someone
5. AND when the defendant acted, he or she had the present ability to apply force with a firearm.
PC 246
Discharge a firearm
Felony
- You willfully and maliciously shot a firearm; and
- You shot the firearm at either:
1. An inhabited house, inhabited house car, or inhabited camper; or
2. An occupied building, occupied motor vehicle, or occupied aircraft.6
PC 261
Rape
Felony
- The defendant had sexual intercourse with a woman (or man).
- They were not married at the time of the intercourse.
- The other party did not consent to the intercourse.
- The defendant accomplished the intercourse by using one or more of the following
a. Force
b. Violence
c. Duress
d. Menace
e. Fear of immediate bodily injury (to the victim or someone else)
f. Threat of future retaliation
g. Threatening to use the authority of a public office to incarcerate, arrest or deport someone.
PC 288
Lewd Acts With a Minor Child
Wobbler
- You willfully touched any part of the minor’s body by bare skin or through clothing, OR, you willfully caused a child to touch your body, or someone else, by bare skin or through clothing;
- The act was committed with the intent to arouse, appeal, gratify the lust, or sexual desires of themselves or the minor;
- The minor was under 14 years old.
PC 187
Murder
felony
- The defendant committed an act that caused the death of another person (or fetus)
- The defendant acted with “malice”
- The defendant killed without a lawful excuse or justification.
PC 470
Forgery
Wobbler
- The defendant committed one of the forgery acts AND
- He or she acted with the specific intent to defraud someone else or an institution
PC 530.5
Unauthorized use of another person’s personal identifying information.
Wobbler
- Intentionally taking someone’s personal information without their consent for personal gain
- Storing someone’s personal information without their permission and deliberately doing so to carry out a fraud
- Selling or trading someone’s personal information without their consent, to commit or being aware that it will be used for fraud
PC 532
Theft by False Pretenses
Wobbler
- You need to have knowingly and intentionally deceived someone;
- You need to have intended to persuade another person to give up their property or labor to you;
- The person who gives up their property or labor needs to have done so because they were relying on what you told them; and
- You actually made the false pretense