CA Penal Codes
Terms
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- 15
- Crime or Public Offense Defined: An act committted or ommitte in violation of a law forbidings or comanding it, to which is attached, on conviction, either, 1. Death, 2. Imprisonmentm 3. Fine, 4. Removal from Office; or 5 Diqualification to hold and enjoy any offece of honor trust or profit in ths State
- 16
- Crime; Kinds and degrees: Crimes and public offenses include: Felonies, Misdomeanors, and Infractions
- 17a
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Felony & Misdomeanor Defined
A felony is punishable by death or imp[risonment in the state prison, Every other crime or offense is a misdemeanor except those classified as infractions. There are other specified circumstances that are used to determine misdomeanors or infractions - 18
- Felony Punishment: Except where a different punishment is prescribed by law, offenses declared a felony, or to be punished by state prison, are punishable by imprisonment in any state prison for a 16 month or 2 or 3 yrs except offenses punishable by state prison or a fine, but w/out an alternate county jail sentence, may be punishable by 1 yr in county jail or fine or both
- 19
- Misdomeanor Punishment: Except where a different punishment is prescribed by law, every offense declared a misd. is punishable by not over 6months in county jail or by afine not over 1000 or both
- 19.2
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County Jail Confinement:
Not to exceed 1 year, Incl all county adult detention facilities - 19.4
- Publice OffensesAct or omission declared by statute to be a public offense and no penalty is prescibed, punishable as a misdomeanor
- 19.6
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Infractions
Not punishable by imprisonment, and persons charged are ot entitled to a jury trial, a public defender, or other counselk at publice expense unless arrested and not relaeased on written promise to appear, own recognizance, or bail - 19.7
- Application: Misdomeanors to Infractions: Unless otherwise provided by law, all provisions relating to misdomeanors apply to infractions including, but not limited to, peace officers powers, court jurisdiction, periods for commencing action and for bringing a case to trial and burdon of proof
- 20
- Crime or Public Offense: Must have a union , or joint opoeration of act and intent, or criminal negligence
- 21a
- Attempted Crime: Consists of 2 Elements: Specific intent to commit the crime , and a direct but not ineffectual act done towrad its comison
- 31
- Pricipals: All Persons concerned in the commision of a crime, whether felony or misd and whether they directly commit the act, or aid and abet in its commission, and all persons counseling, advising and encouraged its commisssion,
- 32
- Accessory to a crimeAfter a felony has been committed harbor, conceal, or aid a principal in such felony to avoid or escape arrest, trial, conviction, been charged with or convicted of a felony
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