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In most cases, the offense of grand theft in California is a wobbler. This means that the prosecutor may choose to charge you with either misdemeanor or felony grand theft. The maximum potential sentence for misdemeanor grand theft is up to one (1) year in county jail.
Defenses to Shooting in a Grossly Negligent Manner Thus, if a person reasonably believes they are about to be attacked or killed, he or she can legally fire a "warning shot." An element of the crime requires that the shooting could have been deadly or dangerous.
Defenses to Shooting in a Grossly Negligent Manner Thus, if a person reasonably believes they are about to be attacked or killed, he or she can legally fire a "warning shot." An element of the crime requires that the shooting could have been deadly or dangerous.
PC 245(a)(1) Lesser Included Offenses: Penal Code 240-Simple Assault.
As far as Penal Code Section 245, felony charges that could be classified as a strike, you're talking Penal Code Section 245(a)(1), which is assault with a deadly weapon. This statute can be charged as a felony and can be a strike if you admit that you used the weapon during the crime.
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California Penal Code Section 245(a)(2) PC: Assault With A Firearm. Just as assault with a deadly weapon is considered a more serious crime than simple assault, use of a firearm in an Assault case will enhance penalties even further.
California Penal Code Section 246 PC: Shooting At An Inhabited Dwelling Or Occupied Car. 1. Definition and Elements of the Crime. The California legislature has recognized the serious risk associated with shooting firearms into houses, cars or other places where people reside.
The conviction is for a misdemeanor or felony offense; The defendant used a deadly weapon or \u201cforce likely to produce great bodily injury\u201d; and....4. Does \u201cassault with a deadly weapon\u201d count as a \u201cstrike\u201d in California? Penal Code § 245(a)(1) PC offenseStrike under California's 3 Strikes lawMisdemeanorNo3 more rows
Three Strikes Law: Felony PC 246 is consider a strike offense under California's Three Strikes Law. Felony PC 246 is also considered a serious crime in California under PC 1192.7, which means that plea bargain options are limited.
Penalties & Sentencing An offense under PC 246 is always a felony and is not a \u201cwobbler.\u201d If convicted, you face the following: 6 months to one year in county jail. Or, state prison time of 3, 5 or 7 years.

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