Penal Code - Punishments Flashcards
Class A Misdemeanor
$4000 and/or 1 year in jail
Class B Misdemeanor
$2000 and/or 180 days in jail
Class C Misdemeanor
Fine only $500 Max
Capital
Life in prison or Death penalty
1st Degree
5-99 years up to $10000
2nd Degree
2-20 years up to $10000
3rd Degree
2-10 years up to $10000
State Jail Felony
180 days - 2 years in state jail. Up to $10000
How many classifications of Misdemeanors are there?
3 (Class A, B or C)
How many classifications of Felonies are there?
5 (Capital, 1st, 2nd, 3rd, State Jail Felony)
When can you be upgraded to 3rd degree felony?
After 3 State Jail Felonies
When can you be upgraded to 2nd degree felony?
After 2 3rd degree felonies
When can you be updated to 1st degree felony?
After 2 2nd degree felonies
If prior felon w/sex assault, child porn/sex abuse, what is punishment?
Mandatory life
When can punishment be enhanced?
Hate crimes, use of deadly weapon, controlled substances to commit crime, if committed in disaster area, in nursing home.
When is a juvenile convicted of capital murder w/life eligible for parole?
40 years.
If you commit a state jail felony w/deadly weapon, what is the sentence?
3rd degree felony with NO probation and 1/2 sentence required.
4 Mental States?
Intentionally, Knowingly, Recklessly, Criminal Negligence?
Define Intentionally?
It is the accused’s conscious desire or objective to engage in the conduct or cause the result.
Define Knowingly?
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.
Define Recklessly?
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.
Define Criminal Negligence?
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.
