Violent Crimes
PC 187/189/190
Murder. Murder is divided into First and Second Degree.
Punishment for murder in the first degree is either the death penalty, life imprisonment without the possibility of parole or imprisonment in state prison for 25 years to life.Punishment for murder in the second degree is imprisonment in state prison for a term of 15 years to life.
PC 191.5
"Gross Vehicular Manslaughter while Intoxicated" carries with it a punishment of 4, 6 or 10 years in state prison.
PC 203/204
Mayhem. Defined as disfiguring another person. This felony is punishable by 2, 4 or 8 years in state prison.
PC 207
Kidnapping. This felony is punishable by 3, 5 or 8 years in state prison.
Kidnapping is also a "Strike" under California "Three Strikes" law.
NOTE: In cases where the kidnapping was in the furtherance of certain other crimes (ie: robbery or rape) or if the kidnapping was committed with the intent to commit extortion ( ie: demand ransom) than the maximum punishment increases from 8 years in state prison to life imprisonment.
PC 236/237
Referred to as "False Imprisonment" this crime is a "wobbler" in that it can be charged as either a misdemeanor or felony. If charged as a misdemeanor the maximum punishment is one year in county jail. If charged as a felony the maximum punishment is state prison.
PC 240/241
Known as Assault, this crime is a misdemeanor and carries with it a maximum punishment of 6 months in county jail.
NOTE: If the alleged assault was committed against a peace officer, firefighter, paramedic or certain other officers carrying out their duties, than the maximum punishment increases to one year in county jail.
PC 242/243
Referred to as a "Simple Battery", this violent crime is a misdemeanor and carries a maximum punishment of 6 months in county jail.
NOTE: If the alleged battery was committed against a peace officer, firefighter, paramedic or certain other officers while carrying out their duties, than the maximum punishment is one year in county jail.
ALSO NOTE: If the victim is injured during the battery, the crime can be charged as a felony and the punishment can be 16 months, 2 years or 3 years in state prison.
PC 243 (e) (1)
Commonly referred to as "Domestic Violence", this is a battery upon a spouse, former spouse or upon someone the defendant dates or dated or has a child with. This is a misdemeanor and carries a maximum punishment of one year in county jail plus a one year domestic violence program.
PC 245
Known as "Assault with a Deadly Weapon" OR by any means of force likely to produce great bodily injury. If charged as a misdemeanor, the maximum punishment is one year in county jail. If charged as a felony, the maximum punishment is 2, 3 or 4 years in state prison.
NOTE: If the deadly weapon is a firearm or if the victim is a peace officer or firefighter, than the maximum punishment increases substantially up to a maximum of 9 years in state prison.
PC 273.5
Like the PC 243 (e) (1) charge, this charge falls under the "Domestic Violence" heading. This charge is usually the result of the victim receiving a corporal injury and it can be charged as either a misdemeanor or a felony. If charged as a misdemeanor, the maximum punishment is one year in county jail. If charged as a felony, the maximum punishment is 2, 3 or 4 years in state prison.
NOTE: In San Diego, domestic violence cases have their own courtroom and prosecutors. These cases are prosecuted aggressively and prosecutors usually seek custody, even for first offenders.