This particular crime can be committed in numerous different ways, and not all of those actions are intentional. Some are performed deliberately and others are a result of error in judgment. Violating this law may result in a fine and withholding the animal (in case of pets), or as big as a state prison sentence – or a combination of both.
The violation comes under the Penal Codes § 597a, § 597l, and § 597t.
The punishment for violating this law depends on the extent of damage caused by the actions.
Penal Codes one should refer to find out the punishment are: §451 and §452 PC.
“Assault” refers to attempting or successfully carrying out a violent activity which causes severe injuries on another person.
The conditions apply to qualify one punishable, which are:
One can find the possible punishments under the Penal Code § 240 PC.
Assault with a Deadly Weapon
This constitutes a widely different area of punishment, since it involves a “deadly weapon” which could result in fatal consequences. Now, what passes for a deadly weapon? It may surprise you. Most common weapons which may appear in one’s mind would be a gun, knife, or anything sharp or explosive which could result in a fatal injury. Any weapon, however seemingly harmless, that has caused Great Bodily Injury is considered as a Deadly Weapon, be it your nails or teeth.
Penal Code for this crime is § 245 (a)(1), and is charged as either Assault with a Deadly Weapon (AWD), or Aggravated Assault.
According to the law, intent and an act following that intention, however unsuccessful, constitutes as an attempt to commit a crime.
Now, if one is convicted for an attempted crime, it’s probable to get sentenced for half the amount of time they would have if they were guilty of successfully committing the crime.
Most of the attempted crime offenses are charged according to the Penal Code § 21a and § 664 PC.
This offense addresses to any act done unlawfully to exert force on someone violently. Most people would imagine this resulting in brutal injuries and wounds, but that doesn’t have to be the case. According to the Penal Code § 242, only “touching” someone offensively counts as battery. In case the violent contact did end up causing severe injury to the victim, then the offender might be charged with a different offense under the Penal Code § 243(d) PC.
Most commonly, the penalties for a simple battery charge entails $2,000 fine or a county jail sentence of up to 6 months – or a combination of both.
The official definition of Bribery under the Californian law is to exchange of any valuable item or service for personal advantage under the influence of unlawful intentions. The rule is strict for both the parties of the transaction. This definition is mentioned under the Penal Code section 7.
Further implications of the offense can be found under the Penal Code sections 67, 6705, and 68. The penalties for committing bribery are a prison sentence in county jail or California State Prison, various amounts of fine depending on the severity of the crime, and forfeiture of office for both the participants.
Breaking and Entering
The term “breaking and entering” means to enter a premise without permission or by unlawful means. “Enter” may entail direct or indirect, or fractional or complete entry into the construction (building/house/office/vehicle).
There are three different kinds of Penal Codes under which the term and nature of punishment may be decided.
Penal Code § 459 Burglary: This is the most common type and sentence is up to six years of imprisonment.
Penal Code § 602 Trespassing: Depending on the intention to trespass, the penalty can range from a fine of $2,000 to a sentence of 1 year in county jail.
Penal Code § 594 Vandalism: Depends on the amount of damage done to the structure, and varies from paying a fine to cover those damages to jail time starting from 1 to 3 years.
This is the first part of Common California Crimes. Stay tuned for more, as they will be coming your way shortly. Contact Kosnett Law for queries, requests, or assistance.
I am an alumni adviser for a fraternity at USC. The chapter was involved in a disciplinary action with the university. After receiving unusually harsh and unfair sanctions from a student/faculty review committee, our chapter sought counsel from James Kosnett. He attended a hearing with USC administrators, and prepared a compelling written appeal.