SUPERIOR COURT STATE OF CALIFORNIA COUNTY OF SONOMA

Transcription

1 SUPERIOR COURT STATE OF CALIFORNIA COUNTY OF SONOMA CRIMINAL BAIL SCHEDULE Adopted January 2, 2014 pursuant to Penal Code sections 1269b.(c) and 1269b.(d)

2 CHANGES TO THE BAIL SCHEDULE 2014 ** New PC section added OFFENSE OLD AMOUNT NEW AMOUNT ** PC (a) 30K Previously HS Now HS 11550(a) 5K No change Previously VC 23152(a)(b)(Misd) 25K 25K Now VC 23152(a)(b)(c)(d)(e)(Misd) No change No change Previously VC 23152(a)(b)(Felony) Now VC 23152(a)(b)(c)(d)(e)(Felony) Previously VC 23152(a)(b)(Felony) Now VC 23152(a)(b)(c)(d)(e)(Felony) Previously VC 23153(a)(b)(Felony) Now VC 23153(a)(b)(c)(d)(e)(Felony) 100K 100K 100K No change 200K No change VC K 100K VC K 200K VC (23153) 30K 100K (Misd. 30K) VC K 100K VC 23566(a) 100K 150K

3 2 TABLE OF CONTENTS Sections Page Numbers Penal Code Violations (Including s) 1-44 Business and Professions Codes Fish and Game Codes California Code of Regulations Codes 46 Harbor and Navigation Codes Health and Safety Codes (Including s) Vehicle Codes (Including s) Offenses Not Specified 57 APPENDIX A CITY ORDINANCES 58

4 HOW TO USE THIS BAIL SCHEDULE The following schedule is the presumptive bail for many but not all the statutory crimes for the State of California. A judicial officer may review the schedule for an individual case and exercise discretion in setting bail either above or below the presumptive amount. In doing so, the judicial officer shall consider the factors in Penal Code section 1275 such as the protection of the public, the seriousness of the charged crimes, the previous criminal record of the defendant and the probability the defendant will appear in court. Public safety is the primary consideration. Penal Code section 1275(a). Questions concerning the application of this bail schedule to any particular arrestee may be made to the Supervising Judge of the Criminal Division or his or her designee during the work week. After work hours, the ON CALL DUTY judge is available through the Sonoma County Sheriff=s Office Dispatch via the ON CALL DUTY cell phone number. For crimes not found on the schedule, the presumptive bail for felonies is $ and for misdemeanors it is $1,000. Arrests for More Than One Crime Arresting agencies and detention facilities are directed to follow the below guidelines when booking persons for more than one crime and/or warrants. 1. When a defendant is booked for or charged with two or more offenses, bail shall be the amount computed under this schedule for the charge having the highest bail, including applicable amounts for enhancements and prior convictions. 2. When a person is booked on two or more crimes that are listed as violent felonies in Penal Code Section 667.5(c ), the bail amounts shall be stacked and added together. Amounts for enhancements and prior convictions shall be added one time per defendant or case. 3. When a person is booked on a crime or crimes and has outstanding warrants, the warrant amounts shall be stacked in addition to the schedule bail amounts for the new crime or crimes.

5 4. When a person is booked on two or more crimes, whether the crimes are misdemeanors or felonies, bail will be added together and stacked if: a. The crimes are committed against separate victims or on separate dates, or; b. Where separate sex acts are committed on the same victim and each may be punished separately. Bail on all Felony Violations of Probation and all cases of Formal Supervised Misdemeanor Probation, shall be NO BAIL. Bail Schedule on Misdemeanor Violation of Probation as follows: (See attached schedule list) Bail Amounts on Arraignment in Court At first appearances and arraignments in court, the judicial officer may exercise discretion to lower or raise bail based on the actual charges filed by the District Attorney, enhancements and prior convictions alleged and prior strikes filed.

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7 SONOMA COUNTY BAIL SCHEDULE 2014 Penal Code Section 32 * Accessory after the Fact to Murder The greater of ½ amount of the bail for the offense or $20, Bribery of State Executive Officer 20, (b) Bribery of State Official or Employee (if Theft or Thing Given or Offered Would Be Grand Theft) 68(a) State Official Asking for or Receiving a Bribe 69 * Resisting or Deterring Executive Officer in Performance of His Duty 71(1) * Threat to Injure School or Public Employees 72 * False Claim to Public Board or Officer w/intent to Defraud 76(a)(1) Threatening Life or Threatening Serious Bodily Harm to Government Official 92, Bribery, Offering, Accepting by Judges, Jurors, Referees 20,000 (Misdemeanor (Misdemeanor 20,000 $2,000 $2, * Influencing Juror/Referee/Umpire Page -1-

8 95.1 * Threatening Juror Following Verdict (Misdemeanor 96 * Misconduct of Jurors/Referees/Umpires 107 * Escape of Felon Prisoner from Training School/County Hospital Assisting Escape of Inmate from Training School/Reformatory, etc. 115(a) Offering Forged/False Documents for Filing (Misdemeanor 5, Perjury 20, a Perjury by False Document 20, * Peace Officer Filing a False Report Subornation of Perjury 20, (a) * Maliciously Dissuade Witness or Victim from Testimony 136.1(b) * Dissuade Witness to or Victim of Crime from Making Report 136.1(c) Threatening Force or Violence on a Witness to Prevent Testimony 30,000 (Misdemeanor ) 30,000 (Misdemeanor ) $ $ 136.1(d) Attempt to Prevent Testimony * Possess Deadly Weapon with Intent to Dissuade Witness from Testimony 137(a) Inducing False Testimony by Bribing Witness 20,000 (Misdemeanor ) Page -2-

9 137(b) Inducing False Testimony Through Use of Force or Threat 20, Witness Soliciting or Receiving Bribe 139 * Threatening Witness to or Victim of Crime 140 * Use of Force or Threat of Force or Violence to Witness or Victim Because of Assistance in Prosecution 20,000 (Misdemeanor 20,000 (Misdemeanor ) 141(b) Peace Officer Filing False Evidence 30, * Officer Refusing to Receive or Make Arrest 146a(b) * Impersonating an Officer of the Law (Misdemeanor 146e(b) Disclosure of Address/Phone Number of Peace Office or Family Member Resulting in Bodily Injury to These Persons 148(a) (a misdemeanor) Up To One Year Resisting or Obstructing Peace Officer, EMT 2,500 $2, (b) * Taking of Weapon (Baton, Mace, etc.) While Resisting Arrest 148(c) Removal of Officer s Firearm While Resisting Arrest 148(d) * Removal of Officer s Firearm with Intent to Permanently Deprive 20,000 (Misdemeanor 20,000 20,000 (Misdemeanor 148.1(a) * False Bomb Report to Official (Misdemeanor Page -3-

10 148.1(b) * False Bomb Report to On-Duty Peace Officer 148.1(c) False Bomb Report to any Other Person 148.1(d) * Sending/Mailing a Facsimile Bomb to Any Person 148.1(d) Malicious Possession of Facsimile Bomb with Intent to Commit Another to Fear for His or Her Safety 148.3(b) False Report of Emergency Resulting in Death/GBI 148.4(b) Tamper w/fire Alarm Resulting in Death/GBI (Misdemeanor (Misdemeanor 25,000 25, (a misdemeanor) Giving False Identification 2, * Resisting Officer and Causing Death or Serious Bodily Injury 20,000 (Misdemeanor 7,500) 149 * Assault by Police (Misdemeanor 151(a)(2) Advocating Injury/Death of Peace Officer Resulting in Injury/Death Bribery of Councilman, Supervisor, etc. 25,000 20, (a misdemeanor) Up To Six Months Violation of Court/Protective Order 5, (c)(4) * Violation of Court/Protective Order (2 nd Conviction w/in 7 Years) (Misdemeanor Page -4-

11 166(d)(1) * Purchase or Receipt of Firearm in Violation of Protective Order 20,000 $15, b * Bringing Firearm, Knife, or Deadly Weapon into State or Local Public Building Involuntary Servitude or Sale of Person (Misdemeanor 20, * Conspiracy Same as Substantive Offense * Criminal Street Gang Conspiracy (see underlying felony) 25,000 (Misdemeanor (a) Money Laundering (a) * Participation in Criminal Street Gang Activity (d) * Commission of Wobbler in Association with Criminal Street Gang (a) Soliciting or Recruiting Person to Participate in Criminal Street Gang (b) Use of Threats of Physical Violence on Two or More Occasions w/in 30 Day Period to Coerce, Induce, or Solicit Another Person to Participate in Criminal Street Gang 25,000 (Misdemeanor ) (Misdemeanor 25,000 $ (b)(1)(A) Committing Felony While Violating Provisions Against Participating in Criminal Street Gang 25,000 Page -5-

12 186.22(b)(1)(B) (b)(1)(C) 5 years Committing Serious Felony, as Defined in PC (c), While Violating Provisions Against Participating in Criminal Street Gang 10 years Committing Violent Felony, as Defined in PC 667.5(c), While Violating Provisions Against Participating in Criminal Street Gang (c) Use of Physical Violence to Coerce, Induce or Solicit Another Person to Participate in Criminal Street Gang or to Prevent Person from Leaving Gang 30, (d) 3 years Soliciting, Recruiting, Coercing, or Threatening Minor to Participate in Criminal Street Gang Activity in Violation of PC (a), (b), or (c) 25, (a) * Supplying or Selling of Firearm for Use in Commission of Felony by Criminal Street Gang Member 25,000 (Misdemeanor (b)(1) Failure to Register by Defendant Subsequently Convicted of Gang- Related Crime 187 Life - Death 25 Years to Life Murder - w/special Circumstance All Other Murders No Bail No Bail Page -6-

13 Vehicular Homicide (DUI w/gross Negligence) 125, (a) Manslaughter - Voluntary 125, (b) Manslaughter - Involuntary 25, (c)(1) * Manslaughter - Driving Vehicle w/gross Negligence (Misdemeanor 2 $25, (c)(2) (a misdemeanor) Up To One Year Manslaughter $ 192(c)(3) * Vehicular Homicide (DUI w/o Gross Negligence) (Misdemeanor ) $ Mayhem 205 LIFE Aggravated Mayhem (Life) 1,000, LIFE Torture 1,000, (a) Kidnapping See 667.8(1) Kidnapping for Purpose of Felony Sexual Offense 1,000, (b) Kidnapping Victim under (c) Kidnapping (Take out of State) 209(a) LIFE Kidnapping for Ransom or Extortion 1,000, (b) LIFE Kidnapping for Robbery (Life) 1,000, (a) LIFE Kidnapping During a Car jacking 1,000,000 Page -7-

14 False Imprisonment - Kidnap to Evade Arrest 211 See Next Column Robbery 212.5(a) - 1 st Degree - sentence range: (c) - 2 nd Degree - sentence range: (a)(1)(A) Robbery of Inhabited Dwelling in Concert with 2 or More Persons 215(a) Car jacking 217.1(a) Assault on Government Official 219 LIFE Trainwrecking (Life) 1,000, See next column Throwing Rocks or Missiles at Common Carrier: Without Injury - sentence range: With Injury - sentence range: , Assault with Intent to Commit Mayhem, Rape, Sodomy, Oral Copulation, or Any Violation of PC Sections 264.1, 288 or 289 Same as Substantive Crime Administering Drugs to Aid Felony 236.1(a) Human Trafficking 125, (b) Human Trafficking with the intent to effect or maintain 236.1(c)(1) Human Trafficking attempts to induce a minor into a commercial sex act 200, ,000 Page -8-

15 236.1(c)(2) 15 - Life Human Trafficking attempts to induce a minor into a commercial sex act by force, fear, etc. 237(a) False Imprisonment by Violence/Menace/Fraud/Deceit 237(b) False Imprisonment of Elder or Dependent Adult by Violence/Menace/Fraud/Deceit 500,000 20, (a) (a misdemeanor) Assault on a Peace Officer 5, (b) (a misdemeanor) Assault on a Peace Officer 5, * Assault upon Custodial Officer (Misdemeanor 242 (a misdemeanor) Battery 1, (b) (a misdemeanor) Battery upon Peace Officer or Fireman 5, (c)(1) * Battery upon Peace Officer or Fireman (Misdemeanor 243(c)(2) * Battery upon Peace Officer or Fireman with Serious Bodily Injury 25,000 (Misdemeanor ) $ 243(d) * Battery with Great Bodily Injury 35,000 (Misdemeanor 1 $15, (e)(1) (a misdemeanor) Battery Against Spouse/Cohabitant 15,000 $15, Battery upon Custodial Officer 243.4(a) * 243.4(b) 243.4(c) 243.(d)(1) Sexual Battery 20,000 (Misdemeanor 20,000 20,000 20,000 $20,000 $20,000 $20,000 Page -9-

16 243.4(e)(1) (a misdemeanor) Up To One Year Sexual Battery 5, Assault with Chemicals 20, (b) * 244.5(c) * Assault with Stun Gun or Taser Assault with Stun Gun or Taser on Police/Fireman (Misdemeanor 20,000 (Misdemeanor 245(a)(1) * Assault w/deadly Weapon 30,000 (Misdemeanor ) 245(a)(2) * Assault with a Firearm (Misdemeanor ) $ $ 245(a)(3) Assault with Machine Gun or Assault Weapon 245(a)(4) Assault with Force Likely to Produce Great Bodily Injury 125,000 20,000 (Misdemeanor ) $ 245(b) Assault with Semi-Auto Weapon 245(c) Assault w/deadly Weapon or Force Likely to Produce GBI upon a Peace Officer or Fireman 245(d)(1) Assault with a Firearm upon a Peace Officer or Fireman 245(d)(2) Assault with a Semi-Auto Rifle upon a Peace Officer or Fireman 245(d)(3) Assault w/machine Gun or Assault Weapon on Peace Officer/Firefighter Assault w/deadly Weapon upon Custodial Officer 1 125,000 Page -10-

17 246 * Shooting at Inhabited Dwelling, Building, Occupied Motor Vehicle * Discharge of Firearm in Grossly Negligent Manner 247(a) and 247(b) * Discharging Firearm at Unoccupied Aircraft or Uninhabited Building, Dwelling or Vehicle (Misdemeanor 1 15,000 (Misdemeanor (Misdemeanor $15, (a)(1) Rape of Incompetent Victim 261(a)(2) Rape of Victim by Force, Violence, Duress, Menace, or Fear of Bodily Injury 261(a)(3) Rape of Victim Overcome by Intoxicant 261(a)(4) Rape of Victim Unconscious of Act 261(a)(5) Rape by Victim s Belief That Rapist Is Spouse 261(a)(6) Rape Accomplished Through Threat of Future Retaliation 261(a)(7) Rape Accomplished by Threat of Use of Authority of Public Official to Incarcerate, Arrest or Deport Victim 261.5(c) Unlawful Sexual Intercourse with Minor More than 3 Years Younger than Defendant 261.5(d) Unlawful Sexual Intercourse with Minor under 16 by Defendant over 21 5,000 Page -11-

18 262(a)(1) Rape of Spouse by Force, Violence, Duress, Menace, or Fear of Bodily Injury 262(a)(2) Rape of Spouse Overcome by Intoxicant 262(a)(3) Rape of Spouse Unconscious of Act 262(a)(4) Rape of Spouse Accomplished Through Threat of Future Retaliation 262(a)(5) Rape of Spouse Accomplished by Threat of Use of Authority of Public Official to Incarcerate, Arrest, or Deport Victim Rape in Concert with Force & Violence 2 266h Pimping 40, i Pandering 40, j Transport Minor under Age 16 for Lewd & Lascivious Act/Cause Minor to Perform Act 60, * Abduction of Minor for Prostitution 30,000 (Misdemeanor ) $ Child Abandonment (Under Age 14) 271 (a misdemeanor) Up to One Year Child Abandonment (Under Age 14) 272(a)(1) (a misdemeanor) Up To One Year Contributing to Delinquency of Minor 2, a(a) Abusing or Endangering Health of Child Page -12-

19 273a(b) (a misdemeanor) Abusing or Endangering Health of Child 30, d(a) * Child Beating 30,000 (Misdemeanor ) $ 273d(b) years Prior Conviction of Inflicting Traumatic Injury on Child with Current Conviction of Same Offense 1 year Felony Conviction of PC 273a(a) Involving Female Genital Mutilation (a) (a felony) * Corporal Injury of Spouse, Former Spouse, Cohabitant, or Former Cohabitant, or Mother or Father of His or Her Child 30,000 $15, (a) (a misdemeanor) Spousal Abuse 15,000 $15, (e)(1)* Inflict Traumatic Injury on Spouse with Prior Conviction of Felony Domestic Violence Crime (e)(2)* Inflict Traumatic Injury on Spouse with Prior Conviction of Misdemeanor Domestic Violence Crime * Inflict Traumatic Injury on Spouse with Prior Conviction of Specified P.C (d)* Violation of Protective Order with Prior Domestic Violence Conviction (e)* Violation of Protective Order with Prior Domestic Violence (Resulting in Injury) Conviction (Misdemeanor 2 40,000 (Misdemeanor 20,000) (Misdemeanor 20,000) 15,000 (Misdemeanor 30,000 (Misdemeanor ) $25,000 $20,000 $20,000 $ Page -13-

20 273.6(a) * Protective Order Violation Pursuant to Family Code and Code of Civil Procedure 273.6(d) * Protective Order Violation with Prior Conviction w/in 7 years 273.6(e) * Protective Order Violation with Prior Conviction and Same Victim & Physical Injury 30,000 (Misdemeanor 1 15,000 (Misdemeanor ) 40,000 (Misdemeanor 20,000) $15,000 $ $20, * Child Stealing 20,000 $ 278.5(a) * Child Stealing in Violation of Custody Order 20,000 (Misdemeanor ) $ 280(b) * Child Concealment Outside of State 20,000 (Misdemeanor ) $ Incest 15, Sodomy 286(b)(1) If Victim under 18 20, (b)(2) If Victim under 16 & Defendant over (c) (1) (2) (3) If Victim under 14 & Def. More than 10 Years Older than Victim 25, (d) If in Concert with Force & Violence 2 286(e) * If Committed in Prison or Jail 20,000 (Misdemeanor 286(f) If Victim Unconscious of Nature of Act 286(g) Victim Incompetent Page -14-

21 286(h) * Victim Incompetent, Both Confined for Mental Disorder 20,000 (Misdemeanor 286(i) Of Victim Overcome by Intoxicant 286(j) By Victim s Belief That Accused Is Spouse 286(k) By Threat to Use Authority of Public Official 288(a) Lewd Act with Child under 14 Years 288(b)(1) Lewd Act with Child under 14 Years w/force 288(b)(2) Lewd and Lascivious Act by Caretaker w/dependent Adult by Force, Violence, etc. 288(c)(1) * Lewd and Lascivious Act w/child 14 or 15, Def. at Least 10 Yrs. Older 288(c)(2) * Lewd and Lascivious Act by Caretaker w/dependent Adult 288.2(a) * Harmful matter sent with intent of seduction of minor 288.2(a) * Second or Subsequent Conviction of Section 288.2(b) * Harmful matter sent with intent of seduction of minor by Electronic Mail/Internet 288.2(b) * Second or Subsequent Conviction of Section 2 30,000 (Misdemeanor ) 30,000 (Misdemeanor ) 30,000 (Misdemeanor ) 30,000 (Misdemeanor ) 15,000 (Misdemeanor 20,000 (Misdemeanor $ Page -15-

22 288.3 Punishable by term prescribed for attempt to commit intended crime Arrangement to meet with minor for purposes of lewd conduct Continuous Sexual Abuse of Child 2 288a Oral Copulation 288a(b)(1) * If Victim under 18 15,000 (Misdemeanor 288a(b)(2) If Victim under 16 & Def. Over 21 15, a(c)(1) If Victim under 14 & Def. More than 10 Years Older than Victim 288a(c)(2) If Defendant Compelled Another to Participate by Force, Duress or Threats of G.B.I. 288a(c)(3) By Threat of Retaliation 288a(d) If in Concert with Force and Violence 2 288a(e) * If Committed in S.P. or C.J. 15,000 (Misdemeanor 288a(f) If Victim Unconscious of Nature of Act 288a(g) If Victim Incompetent 288a(h) * If Victim Incompetent, Both Confined for Mental Disorder 15,000 (Misdemeanor 7,500) $7, a(i) If Victim Overcome by Intoxicant 288a(j) By Victim s Belief That Accused is Spouse Page -16-

23 288a(k) By Threat to Use Authority of Public Official 288.5(a) Continuous Sexual Abuse of Child Under Age of to Life Specified sex act with child 10 years old or younger 125,000 1,000, (a)(1) Penetration by Foreign Object 289(a)(2) Sexual Penetration w/foreign or Unknown Object by Threat of Retaliation 289(b) Sexual Penetration w/foreign or Unknown Object, Victim Incompetent 289(c) * Sexual Penetration w/foreign or Unknown Object, Victim Incompetent, Both Confined for Mental Disorder 289(d) Sexual Penetration w/foreign or Unknown Object, Victim Unconscious 289(e) Sexual Penetration w/foreign or Unknown Object, Victim Overcome by Intoxicant 289(f) Sexual Penetration w/foreign or Unknown Object, by Victim s Belief That Accused Is Spouse 289(g) Sexual Penetration w/foreign or Unknown Object, by Threat to Use Authority of Public Official 289(h) * Sexual Penetration w/foreign or Unknown Object, Victim under 18 15,000 (Misdemeanor 15,000 (Misdemeanor Page -17-

24 289(i) Sexual Penetration w/foreign or Unknown Object, Victim under 16, Def over (j) Sexual Penetration w/foreign or Unknown Object, Victim under 14, Def 10 Years Older 15, (d) 2 years Commission of Designated Felony Sex Offense Committed after Fleeing to California to Avoid Prosecution for Sex Offense in Another State 25, (a)(1) Employee of Public Health Facility Engaging in Sexual Activity with Inmate with Prior Conviction 289.6(a)(2) * Employee of Public Detention Facility Engaging in Sexual Activity (as defined in PC 289.6(d)(1)-(4)) with Inmate 289.6(a)(2) * Employee of Public Detention Facility Engaging in Sexual Activity (as defined in PC 289.6(d)(1)-(5)) with Inmate with Prior Conviction 289.6(a)(3) * Employee of Youth and Adult Correctional Agency Engaging in Sexual Activity (as defined in PC 289.6(d)(1)-(4)) with Inmate 289.6(a)(3) * Employee of Youth and Adult Correctional Agency Engaging in Sexual Activity (as defined in PC 289.6(d)(1)-(5)) with Inmate with Prior Conviction (Misdemeanor (Misdemeanor (Misdemeanor (Misdemeanor (Misdemeanor Page -18-

25 290(g)(2) Failure to Register by Person Convicted of Felony Sex Offense or Juvenile Adjudication with Prior Conviction 290(g)(3) Failure to Register by Designated Mentally Disordered Sex Offender with Prior Conviction 290(g)(3) Failure to Register by Designated Mentally Disordered Sex Offender Including Person Who Had Petition Sustained In Juvenile Adjudication for Sex Offense but Found NGI with Prior Conviction 290(g)(5) Failure to Register by Sexually Violent Predator Registration of Transients convicted of sex offenses 311.1(a) * Sale or Distribution of Obscene Material Depicting Minors 311.2(d) * Sale or Distribution of Obscene Material Depicting Minor under 17 to Minor under Sexual Exploitation of Minor under 18 with Prior Conviction 311.4(b) Involving Minor under 18 in Obscene Film or Performance 311.4(c) Involving Minor under Age 18 in Posing or Modeling Involving Sexual Conduct 30,000 30,000 (Misdemeanor 1 15,000 (Misdemeanor 15,000 (Misdemeanor 15,000 (Misdemeanor 30,000 60,000 15,000 Page -19-

26 311.9(a) Violation of PC 311.2(a), (c), (d), or with Prior Conviction of PC (b) Violation of PC with Prior Conviction of PC or * Advertising Obscene Material Depicting Minor under (a) Possession of Matter Depicting Sexual Conduct of Child under (b) Possession of Matter Depicting Sexual Conduct of Child under 18 with Prior Conviction 30,000 15,000 30,000 (Misdemeanor 30,000 40, (a misdemeanor) Up To Six Months Indecent Exposure 5, (1) Indecent Exposure w/prior Conviction of PC 288 or 314(1) 15, a * Bookmaking 5, (a) Willful Contamination of Food/Drink/Medicine, etc. 30, (a) 3 years Using Poison or Harmful Substance That May Cause Death or Does Cause Great Bodily Injury 30, (b) * Falsely Reporting Contamination of Food/Drink/Medicine, etc. 367f * Sale of Human Organs for Transplantation 30,000 (Misdemeanor Page -20-

27 367g Unauthorized Use or Implantation of Sperm, Ova, or Embryos in Assisted Reproduction Technology 368(b)(1) * Willful Causing of Pain to or Suffering of Dependent Adult 30,000 30,000 (Misdemeanor ) $ 368(b)(2) 368(b)(3) 3 or 5 years Elder or Dependent Adult Abuse Resulting in Great Bodily Injury 5 or 7 years Elder or Dependent Adult Abuse Resulting in Death 368(c) (a misdemeanor) Up To One Year Elder Abuse - Physical 5, (d) * Theft or Embezzlement over 400 of Dependent Adult 368(e) * Theft or Embezzlement over 400 by Caretaker of Dependent Adult 374.2(d) * Malicious Discharge of Harmful Materials into Public Sewer with Prior Conviction * Unauthorized Deposit of Hazardous Substances 375(d) Release Harmful Substance in Public Place Which May Result in Serious Illness or Permanent Injury 399(a) Allowing Vicious Animals at Large Resulting in Death 399.5(a) * Failure of Owner to Exercise Ordinary Care with Dog that Bites Person 15,000 (Misdemeanor 20,000 (Misdemeanor (Misdemeanor (Misdemeanor 15,000 30,000 (Misdemeanor Aid/Abet Suicide Page -21-

28 403 (a misdemeanor) Up To Six Months 404 (a misdemeanor) Up To One Year (a misdemeanor) Up To One Year 406 (a misdemeanor) Up To Six Months Disturbing an Assembly 2,500 Riot 5,000 Incitement to Riot 5,000 Rout 2, (c) * Inciting Riot in State Prison or County Jail Resulting in Serious Bodily Injury 20,000 (Misdemeanor ) 405b Lynching 30, (a)(1) (a misdemeanor) Up To Six Months Threatening with Weapons Not a Firearm 5, (c) * Draw/Exhibit Firearm in a Threatening Manner in Presence of Police Draw/Exhibit Firearm to Person in Motor Vehicle * Inflict Serious Bodily Injury During Violation of 417/ 417.1/ Draw/Exhibit Deadly Weapon with Intent to Resist Arrest 15,000 (Misdemeanor 7,500) 15,000 15,000 (Misdemeanor ) 25,000 $ 422 * Terrorist Threats of G.B.I. or Death 30,000 (Misdemeanor ) $ Hate Crime 25,000 Page -22-

29 422.75(b) (c) (e) Committing Felony Against Property of Public or Private Institution Because Property Associated with a Person or Group of Identifiable Race, Color, Religion, Nationality, Ancestry, Gender, Disability, or Sexual Orientation Acting in Concert with Another/Aiding or Abetting Felony Hate Crime 1 year Prior Conviction of Felony Hate Crime with Current Conviction of Felony Hate Crime 25, Embezzlement or Falsification of Accounts by Public Officers 20, (a) Arson Causing G.B.I. 451(b) Arson, Inhabited Structure 75, (c) Arson, Structure or Forest Land 40, (d) Arson, Other Property Conviction of Arson under PC 451 and Designated Circumstance (PC 451.1(a)(1)-(5)) Found True 452(a) * Recklessly Causing Fire with G.B.I. 40,000 (Misdemeanor 1 $15, (b) * Recklessly Causing Fire, Inhabited Structure 452(c) * Recklessly Causing Fire, Structure or Forest Land 30,000 (Misdemeanor 1 (Misdemeanor $15,000 Page -23-

30 Felony Conviction of Unlawfully Causing of Fire under PC 452 and Designated Circumstance (PC 452.1(a)(1)-(4)) Found True 75, (a) * Explosives, Flammable Matter, Possession 15,000 (Misdemeanor 454(a) Arson During State of Emergency 459 see next column Burglary - Residential: sentence range: Burglary - All Others: * sentence range: ,000 $2, (a) * Burglary Second Degree During Emergency Resulting from Earthquake, Flood, Fire, Riot, or Other Natural or Manmade Disaster 463(b) * Grand Theft, Except Grand Theft of Firearm, During Emergency Resulting from Earthquake, Flood, Fire, Riot, or Other Natural or Unnatural Disaster (Misdemeanor (Misdemeanor $2,500 $2, Burglary with Explosives 470 * Forgery, Intent; Documents of Value; Counterfeiting Seal; Uttering; Falsification of Records 470a Forgery or Counterfeiting Driver s License or I.D. Card 470b * Displaying or Possessing Forged Driver s License or I.D. Card w/intent to Accomplish a Forgery 471 * Forgery, False Entries in Records Returns Page -24-5,000 (Misdemeanor 5,000 5,000 (Misdemeanor 5,000 (Misdemeanor

31 472 * Forgery or Counterfeiting or Seals; Possession and Concealment 474 * Sending False/Forged Message by Phone/Telegraph w/fraud Intent 475(a); 475(b); 475(c) *; *; * Forged Bills or Notes, Possession or Receipt 5,000 (Misdemeanor 5,000 (Misdemeanor 5,000 (Misdemeanor 476 * Fictitious Checks, Making, Uttering 5,000 (Misdemeanor 476a Checks N.S.F. 5, , 479, & Counterfeiting of Coin 483.5(d) * Manufacture, Sale, or Transport of Deceptive Identification Document for Fraudulent Use 5,000 (Misdemeanor 484, 488 (a misdemeanor) Petty Theft 1, b * Theft, Diversion of Money Received for Services, Labor Material, etc. - If Amount Diverted Exceeds 1, c Embezzlement of Funds for Construction 484e(d) * Possession of Access Card Information with the Intent to Defraud (Misdemeanor 5,000 (Misdemeanor 484f(a) Forgery of Access Card 5, f(b) Forgery of Signature on Access Card 5,000 Page -25-

32 484g * Credit Card Obtained in Violation of PC 484(e) or Forged Card; Used for Obtaining Anything of Value (If Value of Goods, etc., Received Exceeds 400 in Consecutive 6 Month Period) 484h(a) * Credit Card, Fraudulent - Merchant Furnishing Goods w/knowledge (If Payment Received Exceeds 400 in Consecutive 6 Month Period) 484h(b) Credit Card Issuer - Merchant Fraudulently Receiving Payment (If Payment Received for Goods etc., Not Furnished Goods Exceeds 400 in Consecutive 6 Month Period) 484i(b) Credit Card Equipment, Possession w/o Consent of Issuer 5,000 (Misdemeanor (Misdemeanor 5, (a) * Grand Theft (over 400) 5,000 (Misdemeanor 487(b)(1) * Grand Theft (fruit, vegetables) 5,000 (Misdemeanor 487(c) * Grand Theft from Person 487(d) Grand Theft Auto or Firearm 496(a) * Receiving Stolen Property If Value More than (d) * Receiving Stolen Vehicle, Trailer, or Vessel 5,000 (Misdemeanor (Misdemeanor 497 * Stolen Property, Bringing into State 5,000 (Misdemeanor Page -26-

33 499(a) * Joyriding with One Prior Conviction of PC 487(d) or VC ,000 (Misdemeanor 499c * Theft of Trade Secrets 5,000 (Misdemeanor 499d * Theft of Aircraft (Misdemeanor 502(d)(1) * Malicious Alteration/Destruction of Computer Program/Data 502.7(g) * Theft of Telephone or Telegraph Services with Prior Conviction Within 5 Years 502.8(c) Possession or Use of Illegal Telecommunications Equipment with Intent to Avoid Charge for Service with Prior Conviction 502.8(d) * Possession of Illegal Telecommunications Equipment with Intent to Sell and Avoid Charge for Service (Misdemeanor (Misdemeanor (Misdemeanor 503 * Embezzlement (Misdemeanor 504 * Embezzlement, Misappropriation by Public Officers 504a * Embezzlement, Disposal of Personal Property under Lease or Lien 504b * Embezzlement of Proceeds of Sale of Secured Property (Misdemeanor (Misdemeanor (Misdemeanor 505 * Embezzlement by Bailee (Misdemeanor Page -27-

34 506 * Embezzlement, Misappropriation by Trustee, Contractor (Misdemeanor Embezzlement of Public Funds 518; Extortion Extortion, Obtaining Signature by Threats 20, Extortion, Threatening Letters 20, * False Personation of Another 5,000 (Misdemeanor 530 * Receiving Money/Property in Assumed Character * Using Personal Identifying Information of Another to Obtain Credit, Goods, Services, or Medical Information 532(a) * Obtaining Money/Credit by False Pretenses 5,000 (Misdemeanor 20,000 (Misdemeanor 5,000 (Misdemeanor 532a(4) * Making False Financial Statement (Misdemeanor Spouse Selling Land/Property by False Pretense 537(a)(2) * Defrauding Innkeeper of More than e(a)(3) * Purchase/Possess/Sell Integrated Circuit with Removed/Altered ID/Serial No. More than * Fraudulent Use of Wire, Radio, or TV Transmissions 5,000 (Misdemeanor 5,000 (Misdemeanor (Misdemeanor Page -28-

35 548(a) Defrauding Insurer (Or Amount Taken, Whichever Is Greater) 549 * Soliciting Fraudulent Insurance Claims (Misdemeanor 550(c)(1) Filing Fraudulent or Multiple Insurance Claims 551(d) * Offering Consideration for Referrals to Auto Repair Dealer or Contractor with Prior Conviction 5,000 (Misdemeanor 594(b)(1) * Vandalism of 400 or More 5,000 (Misdemeanor $2, (a) Church Vandalism or Cemetery 594.3(b) Vandalism of Place of Worship or Cemetery Committed for Purpose of Deterring Free Exercise of Religious Beliefs * Vandalism of Mortuary; Disturbing or Obstructing Funeral Service 594.4(a) * Defacing, Damaging, or Contaminating Property with Noxious or Caustic Chemical or Substance (Misdemeanor (Misdemeanor 597(a) * Cruelty to Animals (Misdemeanor 600(a) * Inflicting Serious Injury on Police Horse or Dog (Misdemeanor Page -29-

36 601(a)(1) * Trespass Consisting of Credible Threat to Cause Serious Bodily Injury and Unlawful Entry onto Property Within 30 Days of the Threat (Misdemeanor 625b(b) * Tampering with Aircraft (Misdemeanor 625c Tampering with Transit Vehicle with Intent to Cause GBI 626.9(b) Bring/Possess Firearm in School/College Grounds 626.9(d) * Discharging or Attempted Discharge of Firearm with Reckless Disregard of Safety of Others on or Within 1,000 Feet of School Grounds 626.9(h) Bring/Possess Loaded Firearm on Public or Private College Grounds (a) * Bring/Possess Weapon (not Firearm) on Public School Grounds (b) * Bring/Possess Weapon (not Firearm) on Public/Private School Grounds * Possessing Firearm on Grounds of Playground or Youth Center 25,000 (Misdemeanor 1 25,000 (Misdemeanor (Misdemeanor (Misdemeanor * Violation of Wiretapping Laws 5, (a) * Wiretapping 5, (a) * Eavesdropping or Recording Confidential Communication 632.5(a) * Unlawful Interception of Cellular Radio Telephone Communication 5,000 5,000 Page -30-

37 632.6(a) * Unlawful Interception of Cordless Telephone Communication 632.7(a) * Unlawful Interception of and Recordation of Cellular Radio or Cordless Telephone Communication 636(a) Electronic Eavesdropping on Privileged Conversation 636(b) * Non-Electronic Eavesdropping on Privileged Conversation 5,000 5, (a) * Stalking (Misdemeanor 1 $ 646.9(b) Stalking in Violation of Temporary Restraining Order 646.9(c) * Stalking with Prior Conviction for Stalking Same Victim Within 7 Years 647.6(b) * Child Molestation after Entering Inhabited Dwelling Without Consent 1 (Misdemeanor 1 15,000 (Misdemeanor ) $15,000 $ 647.6(c)(1) Child Molestation - 2 nd Conviction 647.6(c)(2) Child Molestation - Prior Conviction Was 288 PC or Involving Minor under Age of f(a) * Solicit Specific Criminal Acts (Misdemeanor 653f(b) Solicit Murder 653f(c) Solicit Sexual Acts 653j(a) Solicitation of Minor to Commit Certain Felonies Page -31-

38 664 Attempt Same as Substantive Crime Charged 664(1) Completed Crime Punishable by S.P. Same as Substantive Offense 664/ Attempted Murder 1,000, Petty Theft with Prior Conviction for Petty Theft on Which Time Was Served 5, (a) 667.5(a) 667.5(b) (a) 667.6(a) 667.6(b) 667.8(a) 667.8(b) 5 years Prior Conviction of Serious Felony with Current Conviction of Serious Felony 3 years Prior Prison Term for Violent Felony with Current Conviction of Violent Felony 1 year Prior Prison Term for Felony with Current Conviction of Felony 5 years Prior Conviction of Sex Offense with Current Conviction of PC 288 (Lewd Acts with Child) 5 years Prior Conviction of Serious Sex Offense with Current Conviction of Serious Sex Offense 10 years Two or More Prior Prison Terms for Serious Sex Offense with Current Conviction of Serious Sex Offense 9 years Kidnapping Victim for Purpose of Committing Sex Offense 15 years Kidnapping Child -Victim for Purpose of Committing Sex Offense Page ,000 1

39 (a) 667.9(b) (a) (b) 5 years Kidnapping to Permanently Deprive Parent of Custody of Child 1 year Committing Certain Offenses Against Disabled, Elderly, or Child Victim 2 years Prior Conviction of Certain Offenses Committed Against Disabled, Elderly, or Child Victim with Current Conviction of Those Offenses 2 years Prior Conviction of PC 289 with Current Conviction of Same Offense Committed Against Disabled, Elderly, or Child Victim 1 year Showing Child Pornography to Minor Prior to or During Commission of Lewd Act on the Minor in Violation of PC years Showing Child Pornography to Minor Prior to or During Commission of Sexual Conduct with That Minor in Violation of PC ,000 20,000 25, (a) Escape after Being Lawfully Arrested or Remanded to Custody Causing Serious Bodily Injury to Police Officer 1320(b) * Willful Failure to Appear Felony Hearing, When Released on OR * Willful Failure to Appear Felony Hearing, When Released on Bail (Misdemeanor (Misdemeanor (a) * 1 yr & 1 day Escape from Mental Health Facility (Misdemeanor Page -33-

40 Bail After Extradition Add on top of the bail that is set * Battery on Non-Inmate by County Jail Prisoner (Misdemeanor 4133 * Escape from Industrial Farm (Misdemeanor Assault with Deadly Weapon by Prison Inmate Battery on Non-Inmate by Prison Inmate 40,000 25, (a) Prisoner Possessing Deadly Weapon 25, Holding of Hostages by Prison Inmate 4530(a) Escape, Attempted Escape from Prison with Force or Violence 4530(b) Escape, Attempted Escape from Prison Without Force or Violence 4532(a) * Escape, Attempted Escape by Misdemeanant, Inebriate, or Person on Work Furlough from Jail, Industrial Farm, Etc. 4532(b) * Escape, Attempted Escape by Felon from Jail, Industrial Farm, Etc. 4532(d) * 1 yr & 1 day Failure of Misdemeanant to Return to Jail Subsequent to Temporary Release 4532(d) * Failure of Felon to Return to Jail Subsequent to Temporary Release Smuggling Drugs/Drug Device/Alcohol into Prison / Jail Page -34- Convicted No Bail Not Convicted (Plus Bail Amount on Original Charge) Convicted - No Bail Not Convicted - No Bail 5,000 (Misdemeanor 20,000

41 Bringing Drugs/Paraphernalia into Prison/Jail Possessing Controlled Substances/Drug Device Where Prisoners Are Kept Possessing Drugs/Drug Device/Alcohol Where Prisoners Are Kept Sale of Controlled Substances to Prisoner 4574(a) Bring/Send Firearms/Deadly Weapons/Explosives into Prison 20,000 40, (b) Smuggling Tear Gas into Prison or Jail 4600(a) Destruction of Prison or Jail, Damage Exceeds (c) * Cross-Burning on Private Property of Another or School Property for Purpose of Terrorizing Property Owner, Student, or School Employee (Misdemeanor Religious Terrorism 20, (a) Use of Explosives in Terrorism of Specified Places 11418(a) Possession, Production, or Transfer of Weapons of Mass Destruction 11418(a) Possession, Production, or Transfer of Weapons of Mass Destruction with Designated PC 125,000 2 Page -35-

42 11418(b)(2) Use of Weapon of Mass Destruction to Damage and Disrupt Water or Food Supply 11418(b)(3) Use of Weapon of Mass Destruction to Cause Substantial Loss in the Value of Stock Animals or Crops 11418(c) Use of Weapon of Mass Destruction to Damage Public Natural Resources 11418(d) Use of Recombinant Technology to Create New Pathogens for Destructive Purposes * Threat of Use of Weapon of Mass Destruction Resulting in Isolation, Quarantine, or Decontamination Possession of Restricted Biological Agents FIRST STRIKE ENHANCEMENT SECOND STRIKE ENHANCEMENT (Misdemeanor 30,000) 500,000 25,000 (additional bail) (additional bail) ** THIRD STRIKE ** ENHANCEMENT (a) (b) ** THIRD STRIKE MUST BE SERIOUS OR VIOLENT FELONY TO APPLY ** Carrying Firearm While Committing Street Gang Crime Carrying Firearm Together with Detachable Magazine While Committing Street Gang Crime 2 (additional bail) 25,000 25, (a)(1) 1 year Being Armed with a Firearm Page -36-

43 12022(a)(2) 3 years Being Armed with an Assault Weapon or Machine Gun 12022(b)(1) 1 year Personally Using Deadly Weapon 12022(b)(2) 12022(c) 12022(d) (a) (b) (a) (b) Personally Using Deadly Weapon in the Commission of Car Jacking or Attempted Car Jacking Being Personally Armed with a Firearm While Committing Drug Offenses Being a Principal, Knowing Another Principal Is Personally Armed with a Firearm, is a Principal in the Commission of an Offense or Attempted Offense 2 years Committing Felony Offenses While Released on Bail or Own Recognizance Being Armed with a Firearm and Possessing Metal-Piercing Ammunition Wearing Bulletproof Body Vest in the Commission of Violent Felony Using Firearm or Deadly Weapon in Commission of Violent Felony Being Armed with a Firearm or Deadly Weapon in Commission of Sex Offense Supplying Firearm for Commission of Felony 25,000 30,000 20,000 Page -37-

44 (a)(1) Personally Using Firearm (a)(2) (b)(1) (b)(2) (b) (c) (d) (a)(1) (a)(2) (a)(3) (a)(4) Personally Using Firearm in the Commission of Carjacking or Attempted Carjacking Discharging Firearm at Occupied Vehicle Causing Great Bodily Injury or Death Personally Using Assault Weapon or Machine Gun 10 years Personally Using Firearm While Committing Felony Designated in PC (a) 20 years Discharging Firearm While Committing Felony Designated in PC (a) 25 years to Life Discharging Firearm Causing GBI or Death While Committing Designated Felony Discharging Firearm from Vehicle Causing Great Bodily Injury or Death 1 year Taking of or Damage to Property over 2 years Taking of or Damage to Property over 1 3 years Taking of or Damage to Property over 1,000,000 4 years Taking of or Damage to Property over 2,500, ,000 30,000 Page -38-

45 Offense Description Presumptive Bail (a) 3 years Personally Inflicting GBI 30, (b) (c) (d) (e) (a) years Personally Inflicting GBI Resulting in Comatose Brain Injury or Permanent Paralysis of Victim 5 years Personally Inflicting GBI on Victim 70 Years of Age or Older Personally Inflicting GBI on Child under 5 Years of Age Personally Inflicting GBI During Commission of Domestic Violence Offense 3 years Administering Controlled Substance Against Victim s Will 5 years Inflicting GBI in Commission of Sex Offense 3 years Committing Sex Offense Knowing Defendant Carries Aids Virus 5 years Personally Inflicting Injury Causing Termination of Pregnancy 4 years Willful Cruelty to Child Resulting in Death 30,000 30, * Money Laundering (Misdemeanor * Possession of destructive device 30,000 (Misdemeanor 5, Possession of Destructive Devices or Explosives in Public Places Page -39-

46 Possession of Materials with Intent to Make Destructive Device or Explosive Carrying or placing Explosive on Common Carrier Sale or Transportation of Destructive Device Possession of Exploding or Destructive Device or Explosive w/intent to Injure Unlawful Explosion Causing Bodily Injury 30,000 75, * Concealed Explosive or Ammunition (Misdemeanor 20,000) 19200(a) * Metal military practice/metal replica hand grenade, manufacture, sale, possession * Air gauge knife, manufacture, sale, possession * Belt buckle knife, manufacture, sale, possession * Cane sword, manufacture, sale, possession * Lipstick case knife, manufacture, sale, possession * Shobi-zue, manufacture, sale, possession * Writing pen knife, manufacture, sale, possession * Ballistic knife, manufacture, sale, possession Page -40-

47 21310 * Concealed Dirk or Dagger (Misdemeanor * Metal knuckles, manufacture, sale, possession * Nunchaku, manufacture, sale, possession * Leaded cane, billy, blackjack, slingshot, sand club, sap, sandbag, manufacture, sale, possession * Shuriken, manufacture, sale, possession 22810(a) * Using tear gas other than in selfdefense (Misdemeanor 22810(g) * Using tear gas against Peace Officer 25, Altering or Effacing Identifying Marks on Firearm * Camouflaging firearm container, manufacture, sale, possession * Cane gun, manufacture, sale, possession * Firearm not immediately recognizable as a firearm, manufacture, sale, possession * Undetectable firearm, manufacture, sale, possession * Wallet gun, manufacture, sale, possession 20,000 20,000 20,000 Page -41-

48 25400(a)(1) * Concealed Weapon on Person or in Vehicle w/o License with Prior Felony Conviction or Prior Violation of Deadly Weapons Act 25400(b) Concealed Weapon on Person with Prior Conviction of Crimes Against Person, Property, or Involving Drugs 25850(a)(1)(A) Carrying Loaded Firearm on Person or in Vehicle with Prior Felony Conviction 25850(a)(1)(B) Carrying Loaded Firearm on Person or in Vehicle When Firearm is Stolen and Defendant Knew or Has Reasonable Cause to Believe that it Was Stolen 25850(a)(1)(C) Carrying Loaded Firearm on Person or in Vehicle and Defendant is an Active Participant in Criminal Street Gang 25850(a)(1)(E) * Carrying Loaded Firearm on Person or in Vehicle with Prior Conviction of a Narcotics Offense or an Offense Against Person or Property 25850(a)(1)(F) * Carrying Loaded Firearm on Person or in Vehicle and Defendant Not Registered Owner 26100(b) * Permitting Another to Discharge Firearm from Motor Vehicle 26100(c) Personally Shooting from Motor Vehicle 26100(d) Discharging Firearm from Motor Vehicle 30,000 (Misdemeanor ) 20,000 30,000 30,000 30,000 (Misdemeanor ) 30,000 (Misdemeanor (Misdemeanor ) 75,000 (Misdemeanor ) 5,000 5,000 5,000 Page -42-

49 26180(b) False Application for License to Carry a Concealed Weapon Unlawful Firearm Transaction in Violation of PC 12072(a)(2) or (b) and Firearm Used in Subsequent Commission of a Felony for Which a Conviction Is Obtained and Imposed 20, * Purchasing/receiving Firearm when subject to Domestic Violence Restraining Order Possession of Firearms by Felon Convicted of Violent Crimes 29900(a) Concealable Firearms, Ownership or Possession by Felon, Addict 30210(a) * Flechette dart, manufacture, sale, possession 30210(b) * Bullet with explosive agent, manufacture, sale, possession 30305(a) * Possession of Ammunition or Reloaded Ammunition by Felon or Mental Patient 30,000 (Misdemeanor 1 75,000 20,000 20,000 (Misdemeanor ) 15, (a)(1) Manufacture, Transport, or Sale of Assault Weapon 60,000 30, (a)(2) 1 year Selling or Giving Assault Weapon to a Minor * Possession of Assault Weapon (Misdemeanor 5,000 Page -43-

50 Unauthorized possession of Body Armor by Person Convicted of Violent Felony 25, * Unconventional pistol * Manufactures, Imports, Sells Large Capacity Ammunition Possession or Transport of Machine Gun 32625(b) * Conversion, Sale, or Manufacture of Machine Gun * Multiburst trigger activator, manufacture, sale, possession * Short-barreled rifle, short-barreled shotgun, manufacture, sale, possession 20,000 (Misdemeanor ) 25,000 60,000 30, * Possession of Firearm Silencer 25,000 (Misdemeanor * Zip gun, manufacture, sale, possession Business and Professions Code Section Offense Presumptive Bail Misdemeanor VOP 729 * Sexual Exploitation by Physician, Psychotherapist, or Alcohol and Drug Abuse Counselor Involving Two or More Victims * Improper Collection, Storage, or Labeling of Biological Specimen with Willful or Wanton Disregard for Safety (Misdemeanor (Misdemeanor Page -44-