ACL Section E (crimes against property and habitation)

Arson is defined as

the malicious burning of a dwelling house of another

common law for arson did not address what

ownership or non-dwelling structure (business buildings)

PC 451 defines arson as what?

a person is guilty of arson when he or she willfully and maliciously sets fire to or burn or be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property

arson is a ____ intent crime

general intent

a home owner is not guilty of arson if the burning is not _____

not backed by an intent to defraud (insurance carrier)

what is the penalty for arson on personal property

16 months, 2 years, 3 years

what is the penalty for arson on structure or forest land

2, 4 or six years

what is the penalty for arson on inhabited structure/properties

3, 5, or 8 years

what is the penalty for arson that results in great bodily injury

five, seven, or nine years

if the arson was committed for any financial (pecuniary) gain, then the penalty is also what?

$50,000 fine

if the prosecutor is able to prove that financial gain was either a motive or actually distributed to the felon for the charge of arson, then the penalty is ____

twice the amount of the actual or anticipated gain that may charged against the defendant

a malicious arson conviction is deemed a _____

strike on one’s criminal record under California’s three strike law

a person convicted of felony arson or attempted arson in California is required to register as what

an arson offender for life, however this designation may be removed through a certificate of rehabilitation or a pardon

define aggravated arson

arson that is committed “willfully, maliciously, deliberately, with premeditation, and with the intent to cause” personal injury, property damage under circumstances likely to produce personal injury, or damage to one or more structures or inhabited dwellings.

aggravated arson becomes aggravated if the property exceeds what value?

10 million, if they were convicted of arson within the past 10 years or the fire causes damage to or destruction of 5 or more inhabited structures or by the use of accelerant or delaying device.

aggravated arson is a _____ intent crime

specific intent

define premeditation

a pre-existing reflection

define deliberation

careful thought, weighing of considerations (pros and cons)

malice aforethought does not require

long term planning or even hatred or i’ll will towards the victim, it simply requires a baseline mental state or intent to cause harm

an arsonist can face additional and consecutive sentences of 1, 2, or 3 years if the following circumstances exist

1. prior conviction for arson within 10 years

2. firefighter, peace officer and emergency personnel suffered great bodily injury

3. two or more people suffer great bodily injury or structures were burned

for arson, if the prosecutor can prove that you intended

1. to injure other people or damage an inhabited structure, forest, land

2. had a prior arson conviction within 10 years and damages in excess of 10 million dollars worth of property

3. damaged five or more inhabited structures

they you face a state prison sentence of 10 years to life

what is the charge for attempted arson

16 months, 2 years, or three years

for arson. juveniles must stay registered until she/ he is what age

25 years old, failure to register leads to 90 days or up to 1 year in jail

Unlawfully causing a fire is what type of crime

a misdemeanor but a wobber

pc 452 states that

a person I guilty of unlawfully causing a fire when he RECKLESSLY sets fire to or burns or causes to be burned, any structure, forest land, or property

as a misdemeanor, what is the penalty for unlawfully causing a fire?

up to 12 months in jail

as a misdemeanor, what is the penalty for unlawfully causing a fire to forest land or property or causing great bodily injury

up to 4 years, up to 6 years

the penalty for unlawfully causing a fire requires a person to register as a convicted arsonist for how long

NOT for life

for the purpose of PC 452 (unlawfully causing a fire), acting recklessly means what

1. you are aware of your actions and that they may present risk of causing a fire

2. you ignore that risk

3. and doings so is unlawful and unusual compared to how a reasonable person would act differently given the same situations

unlawfully causing a fire is NOT a

strike, even if charged as a felony

PC 459 defines burglary as

every person who enters any house, room, apartment, shop, barn, other building, locked or sealed cargo container, house car, vehicle, when the doors are locked, aircraft or mine.. with the intent to commit grand or petit larceny or any felony is guilty of burglary

for this crime, whether 1st degree or 2nd degree burglary, the INTENT to commit a theft, grand or petty, or any felony therein MUST EXIST ____

BEFORE the entry

burglary is a

specific intent crime and considered a strike offense

what is the penalty for 1st degree burglary

2, 4, or 6 years in prison, must serve 50% of sentence and 85% if someone was home

on 2nd strike for 1st degree burglary…

double sentence and must serve 80% of sentence, on third strike - 25 to life

define home invasion robbery

the taking of personal property from an inhabited home, in the presence of an occupant, against their will, by means of force or fear (often involving acting in concert with two or more accomplices)

what is the punishment for 1st degree home invasion robbery

3, 6 or 9 years

what is the enhancement penalty for home invasion robbery

10, 20, life, use a gn, you are done

for home invasion robbery, if people inside are moved around by the suspects. then it is…

kidnapping and up to life in prison

define 2nd degree burglary

commercial burglary, a special intent crime but a wobbler - intent must exist before entry. if intent is formulated after entry then it is larceny

if entering the store to steal an item worth less than 950, then it will be prosecuted as what

shoplifting

what is the penalty for 2nd degree burglary

16 months, 2 years, or 3 years in prison

however, if FORCE or THREAT is used in 2nd degree burglary to recent staff intervention or questioning, it becomes what

an ESTES robbery which is a strike offense

what is the penalty for an Estes robbery

2, 3, or 5 years in prison, the same as 2nd degree robbery

the push of an employee elevates petty theft to what

a felony

define looting

pc 463 defines it as a second degree burglary committed during a state of emergency resulting from an earthquake, fire, flood, riot, or other natural or man made disaster

looting is a ____ offense

wobbler, except when it involves theft of a firearm, in which case it is a felony and strike offense

while looting is a wobbler, it is not a strike unless the person has

a prior serious or violent conviction on the record

what are the two types of theft under CA law

grand theft and petty theft

define grand theft

theft of property of a value exceeding $950 - a wobbler

define petty theft

any theft not a grand theft - value below $950 - a wobblette

petty theft can be charged as an infraction if stolen items are less than

50$ with no prior conviction of theft crimes

it is felony petty theft or petty theft with a

prior conviction

define prop 47

2014 voter-approved initiative that reclassified specific low-level, nonviolent property and drug offenses from felonies to misdemeanors (except for registered s offenders, convicted r offenders, murder, child, scamming older people)

define grand theft auto

typically a felony but is a wobbler

if vehicle worth 65k, 1 year additional and consecutive year in prison

if vehicle is worth 200k, then the sentence is what

2 additional and consecutive years in prison (felony GTA)

what are the three theories that grand theft or petty theft are prosecuted through?

1. larceny

2. embezzlement

3. false pretenses

define robbery

PC 211 defines it as the felonious taking of personal property in the possession of another , from his person or immediate presence, and against his will, accomplished by means of force or fear

define the element of force

any degree is sufficient

define the element of fear

needs not be extreme, just enough to motivate the victim to comply with the defendant

what are the three elements of robbery

use of force, use of fear, immediate pressence

robbery is a

robbery is a specific intent crime

robbery is a strike crime, what is its penalty

1st degree robbery would be 3, 4, or 6 yeast in prison

robbery includes an enhanced sentence for the use of what

a deadly weapon or results in great bodily injury

what is the penalty for 2nd degree robbery?

2, 3, or 5 years, 2nd degree robbery is a strike offense

define 2nd degree robbery

any robbery not included in the 1st degree definition

1st degree robbery includes what locations

home, floating home, cruise ship, rv or trailer, atm

2nd degree burglary includes what places

restaurant, supermarket, retail store, ups store, bar clothing store, walmart

any robbery of a federal banking institution is prosecuted as what

a federal felony bank robbery if prosecuted as an accomplice on the theory of aiding and abetting

define carjacking

pc 215 defines it as a form of robbery in which the property taken is a motor vehicle

what is the difference between robbery and carjacking

whereas robbery requires a specific intent to permanently derive the victim of the property taken, carjacking is committed by a taking accompanied by a specific intent to either temporarily or permanently deprive the victim of the property taking.

taking a car from someone for a joyride is

carjacking even if it is returned in a few minutes

standard joyriding is what type of offense

a wobbler (as a misdemeanor it is up to 1 year in jail 5k fine), as a felony, it is 16 months, 2, or 3 years in prison plus 10k fine

joyriding of an emergency vehicle while in service or a vehicle used to transport disabled persons is always ____

a felony, u to 4 years in prison plus 10k fine

what is the penalty for carjacking

3, 5, or 9 years, counted as a strike

what is the penalty for carjacking with no enhancement

felony: 3, 5 years or 9 years in prison and fine of up to 10k

what is the penalty for carjacking with great bodily injury

base penalty PLUS 3 to 6 years in prison

what is the penalty for gang-related carjacking

base penalty plus 15 years to life in prison

what is the penalty for carjacking with a gn

base penalty plus 10 years in prison

what is the penalty for carjacking with firing of gn

base penalty plus 20 years in prison

what is the penalty for carjacking and seriously injuring or killing another person with a gn

base penalty plus 25 years to life in prison

what is the penalty of carjacking as a second strike

twice the base penalty

what is the penalty for carjacking as a third strike

25 years to life in prison

which crimes result in the 10-20-life (use a gn your done) law?

murder, mayhem, kidnapping, robbery, carjacking, assault with intent to commit a specified felony, assault with a firearm on a peace officer or firefighter, rp, gang rp, sdmy, ld act on a child, forced rl cop, s penet, assault by a life prisoner, holding a hostage by a prisoner, any felony punishable by death or imprisonment for life, any attempt to commit a crime listed above (other than assault)

other offenses involving gun use carry different enhancement penalties for

2nd degree burglary

the 10-20-life (with a gn, your done) does not apply to

assault with a firearm (which is a wobbler but always a felony if it is a machine gun, automatic or semi-automatic weapon - up to 4 years in prison (however it does apply when it is on a peace officer or firefighter

the 10-20-life does NOT apply to self-defense but it does apply to what

imperfect self-defense

the firearm does not need to be _____ for you to be convicted of this sentencing enhancement

loaded or operable

within the 10-20-life policy, what constitutes 10 years

pulling a gn

within the 10-20-life policy, what constitutes 20 years

firing a gn

within the 10-20-life policy, what does life constitute

if you shoot and seriously hurt or kill someone

If multiple enhancement penalties are applicable to a defendant for acts arising from the same offense, the judge must

only impose the highest enhancement penalty - use of a gun enhancement is MANDATORY

In 2017, the California Senate passed SB 620 (retroactive)

judges now have the discretion to dismiss a firearm enhancement if doing so in the interests of justice

not imposing the firearm enhancement penalty on a domestic

violence victim who used a gun to stop the abuser. e.g. a 17-year-old who was given 25 years for a drive-by-shooting even though

he did not shoot the victim (reduced to 10 years instead); e.g. Lesser culpability or minor injuries; e.g. disproportionate sentences

FACTORS for the sentencing judge to

consider:

1) defendant’s prior criminal history or lack thereof;

specific details and level of danger of the crime

evidence of remorse, rehabilitation, or personal growth