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
PC 25850
carry a loaded firearm in a public place
Wobbler
- you carried a loaded firearm on your person or in your vehicle,
- you knew that you were carrying a firearm, and
- at that time, you were in a public place or on a public street in an incorporated city or area where it was unlawful to discharge a firearm.2
PC 1203.2
Arrests for Probation Violations
- are convicted of a crime,
- placed on probation, and
- then violate a specific term or condition of that probation.
PC 3056
Prisoners on parole shall remain under the supervision of the department but shall not be returned to prison except as provided in subdivision
PC 148
Resisting Arrest
- willfully resisted, delayed, or obstructed a police officer or EMT,
- did so when the arresting officer/EMT was engaged in the performance of their official duties, and
- knew, or should have known, that the officer/EMT was engaged in their official duties.
PC 69
Resisting an Executive Officer
- you willfully and unlawfully used violence, or a threat of violence, to try to prevent an officer from performing a lawful duty, and
- when you acted, you did so intentionally.
PC 71
Threatening Public Employees
- The defendant threatens to inflict bodily injury or property damage;
- The threat is made to any public officer or employee or to any officer or employee of a public or private educational institution;
- The threat is directly communicated to the officer or employee (such as by telephone or letter);
- The defendant has the intent to cause, attempts to cause, or causes the officer or employee to do – or refrain from doing – any aspect of their job; and
- The officer or employee reasonably believes that the defendant can carry out the threat.
CVC 22450
Running Stop Sign
The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
CVC 22453
Running a Red Light
A driver facing a steady circular red signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown
CVC 4000A
makes it illegal to drive a vehicle without proof of valid registration
a person shall not drive, move, or leave standing upon a highway, or in an off-street public parking facility, any motor vehicle, trailer, semitrailer…unless it is registered and the appropriate fees have been paid
CVC 5200A
Display of License Plates
When two license plates are issued by the department for use upon a vehicle, they shall be attached to the vehicle for which they were issued, one in the front and the other in the rear.
CVC 22651
Towed and impounded
Parking in handicapped spots without proper plates or tags. Disabled parking is very limited in most public parking lots. Simply ticketing the car does not create more space for disabled drivers. So traffic officers often elect to tow these cars.
The driver is arrested. This typically occurs following:
A DUI. Drag racing (23109 VC). Or traffic stops where police see contraband in the car or find an active warrant for the driver.1
Blocked flow of traffic. This is when a parked car obstructs the free flow of traffic. Or presents a safety risk.2
Car accident. The person driving may be hospitalized. Or otherwise too injured or incapacitated to drive.3
No registration. Even legally parked cars can get towed for: Missing license plates. No registration. Registration that was more than six (6) months expired. Or fake or forged vehicle registration and/or plates.4
No license. When a driver of the vehicle gets caught driving without a valid driver’s license (12500 VC) or driving on a suspended license (14601.1(a)).5
Debt collection for past parking tickets. Even a lawfully parked automobile can get towed if: The owner has at least five unpaid parking citations. Or the owner failed to pay a municipal garage parking fee.6
72-hour ordinance. Some local laws require automobiles to be towed that are left parked for at least 72 consecutive hours.7
Unlicensed car dealers. Cars being offered for sale by an unlicensed dealer get towed.8
CVC 2800.2
Reckless Evading
There was at least one lighted red lamp visible from the front of the officer’s vehicle;
You either saw or reasonably should have seen the lamp;
The officer’s vehicle was sounding a siren as reasonably necessary;
The officer’s vehicle was distinctively marked (apart from the lamp and siren); and
The officer was wearing a distinctive uniform (which has to be something more than a badge—but does not have to be a full law enforcement uniform).
CVC 2800.4
Evading a Peace Officer by Driving in the Opposite Direction of Traffic
the accused was evading, or attempting to evade, a police officer (in violation of California Vehicle Code 2800.1 VC); and,
while doing so, the accused willfully drove his vehicle in the opposite direction of traffic.1
CVC 24250
Unlawful to drive “during darkness” without headlights.
CVC 23103
Reckless Driving
you drove a vehicle on a highway or in an off-street parking facility, and
you drove with wanton disregard for the safety of persons or property.1
CVC 23152(a)
DUI of Alcohol
Ultimately, California prosecutors have to prove beyond a reasonable doubt these two elements of the jury instructions:
You drove a motor vehicle, and
You were under the influence of alcohol at the time you drove.
MCR 2
Suspicious Vehicle
MCR 3
Suspicious Person
MCR 8
MISC Traffic no cite issued
MCR 9
MISC Traffic cite issued
MCR 12
Service rendered/ No Crime
MCR 13
Civil Matter
MCR 14
Hosipitalization
MCR 18
Keep the Peace
MCR 22
Security Check
MCR 23
Unable to locate
MCR 25
False alarm -Non fire
MCR 26
Prisioner transport
MCR 33
Vehicle accident no report taken
MCR 35
Follow up
NPA
NO POLICE ACTION
RTF
REPORT TO FOLLOW
