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Flashcards in LD 7 Deck (16):
1

ADW

PC 245 (always a felony)

An attempt upon the person of another with a deadly weapon or instrument or by any means of force likely to produce great bodily injury
*injury doesn't matter it is the force used
Ex. Throwing a rock at someones head and missing is ADW

2

Elderly or Dependent adult abuse

PC 368 wobbler
Infliction of unjustifiable physical pain or mental suffering upon an elder or dependent adult. Theft or embezzlement from either
-willfully causes suffering, injury, endangering
Felony:if it causes SBI

3

Kidnapping

PC 270 Felony
When a person is focible, by means of instilling fear, takes another person to another place against their will
*does not have to be physical force as long as commands are given and the vict feels they have to obey

4

False Imprisonment

PC 236 Misdemeanor
Unlawful violation of someones personal liberty
(Restraining, confining, detaining, compelling someone to stay or go)
Felony: if accomplished by means of violence, menace, fraud, or deceit

5

Battery

PC 242 (wobbler)

Any willful and unlawful use of force or violence upon the person of another
-any injury from battery that is treatable is a felony (SBI)
-every battery contains the lesser crime of assault

6

Child Abduction W/O Custodial Rights

Felony
-a person (someone who knows the child) not having custodial rights maliciously withholds the child from the person having lawful custody

*only applies to 18 and under

7

Good Samaritan Exception

Withholding a child to protect them

8

Child abduction with custodial rights

PC 278.5
Withholding child to deprive other person of their custodial rights

*applies to 18 and under

9

Felony Degree Murder

Pet Poly
-Premeditated
-Explosives
-Torture
-Poison (poisoning someone)
-Lying In Wait (terrorist attacks)

10

Felony Murder Rule

When any killing happens during the commission of certain felonies
-Arson (set something on fire and someone dies: murder)
-Burglary (someone dies from a heart attack:Murder)
-Mayhem (remove an arm and someone dies:murder)
-Rape
-Car Jacking
-Kidnapping
-Drive by

11

Manslaughter

(Voluntary)
Unlawful killing of a human being w/o malice aforethought
-upon a sudden quarrel or heat of passion

12

Involuntarily Manslaughter

Felony
-commission of a unlawful act not amounting to a felony
-commission of a lawful act which might produce death in an unlawful manner
-w/o caution and circumspection

13

Robbery

Pc 211 Felony
-felonious taking of personal property in the possession of another
-taking property of another
-from there immediate presence
-against their will
-accomplished by means of force or fear

14

Carjacking

Pc 215 Felony
-taking a car
-from the person or immediate person
-by means of force or fear
-with intent to either permanently or temp. deprive
*once person has dominion and control

15

Murder

Pc 187 Felony
Unlawful killing of a human being, or fetus with malice aforethought

16

Vehicular Manslaughter

Depends on intoxication or condition of driver
-negligence displayed by driver