Penal Code - Punishments Flashcards

1
Q

Class A Misdemeanor

A

$4000 and/or 1 year in jail

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2
Q

Class B Misdemeanor

A

$2000 and/or 180 days in jail

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3
Q

Class C Misdemeanor

A

Fine only $500 Max

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4
Q

Capital

A

Life in prison or Death penalty

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5
Q

1st Degree

A

5-99 years up to $10000

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6
Q

2nd Degree

A

2-20 years up to $10000

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7
Q

3rd Degree

A

2-10 years up to $10000

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8
Q

State Jail Felony

A

180 days - 2 years in state jail. Up to $10000

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9
Q

How many classifications of Misdemeanors are there?

A

3 (Class A, B or C)

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10
Q

How many classifications of Felonies are there?

A

5 (Capital, 1st, 2nd, 3rd, State Jail Felony)

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11
Q

When can you be upgraded to 3rd degree felony?

A

After 3 State Jail Felonies

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12
Q

When can you be upgraded to 2nd degree felony?

A

After 2 3rd degree felonies

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13
Q

When can you be updated to 1st degree felony?

A

After 2 2nd degree felonies

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14
Q

If prior felon w/sex assault, child porn/sex abuse, what is punishment?

A

Mandatory life

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15
Q

When can punishment be enhanced?

A

Hate crimes, use of deadly weapon, controlled substances to commit crime, if committed in disaster area, in nursing home.

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16
Q

When is a juvenile convicted of capital murder w/life eligible for parole?

A

40 years.

17
Q

If you commit a state jail felony w/deadly weapon, what is the sentence?

A

3rd degree felony with NO probation and 1/2 sentence required.

18
Q

4 Mental States?

A

Intentionally, Knowingly, Recklessly, Criminal Negligence?

19
Q

Define Intentionally?

A

It is the accused’s conscious desire or objective to engage in the conduct or cause the result.

20
Q

Define Knowingly?

A

The person is aware of the nature of his conduct or that the circumstances exist; he acts knowingly with regard to the results if the act is likely to cause the result.

21
Q

Define Recklessly?

A

The person is aware but consciously disregards a substantial and unjustifiable risk - the risk must be a gross deviation from the standard of care that an ordinary person would use.

22
Q

Define Criminal Negligence?

A

Should be aware of a substantial and unjustifiable risk, but FAILS TO PERCEIVE the risk. - the Failure to perceive is a gross deviation of the standard of care that an ordinary person would use.