Penal Codes and Elements Flashcards
PC 243(d)
Battery with SBi
234 Triad
(1) a person used physical force or violence against another person,
(2) the use of force or violence was willful and unlawful, and
(3) the use of force or violence inflicted serious bodily injury on the other person.
SBI considered same as GBI
PC 21310
Carrying of concealed dirk or dagger
Wobbler
-must knowingly and intentionally carry concealed upon his or her person an instrument that is capable of ready use as a stabbing weapon
-intent to use the concealed instrument as a stabbing instrument is not an element
PC 148.9(a)
False representation of identity to peace officer
Misdemeanor
PC 245(a)(1)
Assault with deadly weapon (not FA)
Wobbler 234 Triad
Definition of DW: an object extrinsic to the human body that is used in such a manner as to be capable of producing death or great bodily injury
IF not inherently deadly must be used in a manner that is not only capable of producing but also likely to produce death or great bodily injury
PC 245(a)(4)
Assault with force likely to cause GBI
Wobbler 234 Triad
focus on force used not resulting injury
PC 422
Criminal Threats
(1) willfully threatening to commit a crime that will result in death or great bodily injury to another person,
(2) specific intent that the statement be taken as a threat,
(3) the threat was on its face and under the circumstances so unequivocal, unconditional, immediate, and specific as to convey to the person threatened a gravity of purpose and an immediate prospect of execution of the threat,
(4) the threat caused the victim to be in sustained fear for his or her own safety or for his or her immediate family’s safety, and
(5) the victim’s fear was reasonable under the circumstances.
Wobbler
PC 594(a)(b)(1)
Felony Vandalism
Property over $400 + Defendant
(1) Defaces with graffiti or other inscribed material.
(2) Damages.
(3) Destroys.
Multiple instances of misdemeanor vandalism can be aggregated to form a single felony, unless the evidence shows that the offenses are separate and distinct and were not committed pursuant to one intention, one general impulse, and one plan
VC 23153(a)
HS 11379(a)
HS 11378
PC 530.5(c)(3)
Unauthorized use of personal identifying information of another person; attempt to obtain credit, goods, services, real property or medical information; commission of crime; punishment for first, subsequent or multiple offenses; sale of information; mail theft; liability of computer service or software providers
PC 487(A)
taking of personal property valued at more than $950 from the owner into the possession of the criminal without the consent of the owner or under a claim of right, and the asportation of the subject matter with the specific intent to deprive the owner of his property wholly and permanently
PC 148(a)(1)
Resisting officer w/o violence
(1) defendant willfully resisted, delayed, or obstructed peace officer, (2) when officer was engaged in performance of his or her duties, and (3) defendant knew or reasonably should have known that other person was peace officer engaged in performance of his or her duties.
Wobbler
PC 459
Burglary
an entry into a specified structure with the intent to commit theft or any felony
First Degree Burg: Dwelling
Look for “hot prowl” enhancement for occupied burg
PC 29800(a)(1)
Felon in possession
possession of a firearm by a felon are conviction of a felony and ownership or knowing possession, custody, or control of a firearm
To establish “constructive possession,” with regard to crime of possession of a firearm by a felon, the prosecution must prove a defendant knowingly exercised a right to control the prohibited item, either directly or through another person.
more than one person may possess the same contraband.
PC 25850(a)
Carrying a loaded firearm in public
person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city, city and county, or in any public place or on any public street in a prohibited area of an unincorporated area of a county or city and county.
PC 30305(a)(1)
Felon in possession of ammunition
No prohibited people shall own, possess, or have under custody or control, any ammunition or reloaded ammunition.
PC 417(a)(2)
Brandishing a firearm
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
Misdemeanor
