Sentencing Enhancements

(7)01. Possession Of An Explosive Device

  • A civilian who possesses any manufactured or improvised device or equipment which is made from explosive and/or highly flammable liquid, gas or solid materials.

- Penal Code (7)01 is a felony punishable by a maximum of 20 months imprisonment and no more than $100 in fines. This falls under Officer Discretion.

(7)02. Manufacture or Possession of an Improvised Device

  • Except as otherwise provided by law, A civilian who manufactures, assembles, disassembles, or possesses parts of any dangerous weapon, explosive, trap, firearm, blade or other destructive device that does not apply or is appropriate to any other penal code entries.

  • This may only be charged against person(s) when it can be proven an individual manufactured improvised blade(s), for example: in a prison environment, otherwise (9)01. Possession Of An Illegal Blade is to be used if an individual is found with an improvised blade.

  • This code entry cannot stack with any other Title 9. Control of Deadly Weapons And Equipment charges.

- Penal Code (7)02 is a felony punishable by a maximum of 30 months imprisonment and no more than $250 in fines. This falls under Officer Discretion.

(7)03. Possession of Stolen Weapon With Intent To Sell

  • A person who is in possession of more than 1 full weapon in any combination or amount with the intent to distribute, deliver, or sell stolen property.

- Penal Code (7)03 is a felony punishable by a maximum of 25 months imprisonment and no more than $250 in fines. This falls under Officer Discretion.

(7)04. Possession Of Explosive Devices With Intent To Sell

  • A person who is in possession of more than 3 explosive devices or explosive device materials in any combination with the intent to distribute, deliver, or sell.

- Penal Code (7)04 is a felony punishable by a maximum of 25 months imprisonment and no more than $250 in fines. This falls under Officer Discretion.

(7)05. Brandishing A Firearm

  • A person who is pointing, holding, or brandishing a firearm, air or gas operated weapon, or object that appears like a firearm without proper toy and prop identification in an attempt to elicit fear or hysteria.

  • A person holding an object in a manner similar to a firearm who attempts to elicit the same fear or response as brandishing an actual firearm.

- Penal Code (7)06 is a misdemeanor punishable by a maximum of 15 months imprisonment and no more than $50 in fines. This falls under Officer Discretion.

NOTES:

Brandishing explicitly notes that the purpose is to elicit fear or hysteria. A Weapons Discharge violation is irrelevant of the intent to elicit hysteria so the two charges can be stacked if appropriate.

(7)06. Weapons Discharge Violation

  • A person who fires a firearm without due cause or justifiable motive regardless of registration status or legality.

  • A person committing this offense from a vehicle/horse, whether land, sea, or in air, shall instead be charged with (7)08. Ride-By Shooting.

- Penal Code (7)06 is a misdemeanor punishable by a maximum of 25 months imprisonment and no more than $150 in fines. This falls under Officer Discretion.

NOTES:

This charge can stack with brandishing a firearm, so you can in fact be charged both. A discharge however is different from brandishing, which requires the perpetrator to be using the brandishing as a way to elicit fear or hysteria.

(7)07. Ride-By Shooting

  • A person who drives a vehicle/horse, whether on land, sea, or in air, and has a passenger who they knowingly and willingly let discharge a firearm from within the vehicle/horse, and the passenger is not an on-duty peace officer.

  • A person who exits a vehicle/horse only to immediately discharge a firearm afterward.

  • A person who discharges a weapon in a vehicle/horse, whether on land, sea, or in air, and is not an on-duty peace officer with proper authorization.

- Penal Code (7)07 is a felony punishable by a maximum of 30 months imprisonment and no more than $300 in fines. This falls under Officer Discretion.

Sentencing Enhancements

(8)01. Exception

  • Penal code entries, by default, may be modified by Sentencing Enhancements within Title 10. However, should a penal code entry be the exception to a Sentencing Enhancement or contain an exception within its description, then that exception shall be followed instead of the Sentencing Enhancement policy.

  • For example, (1)09. Murder cannot be charged for an attempt as an entire charge, (1)06. Attempted Murder, exists for that purpose.

  • Penalties are, as stated, stackable for each occurrence. Committing assault against someone multiple times is worthy of a charge for each time, as long as they are separate police incidents or occur at different times, or occur to different people. Charges can also be stacked for each person they are committed against. Unless an exception exists explicitly.

(8)02. Attempt

  • A person who attempts to commit any crime, but fails or is prevented or intercepted in its perpetration, shall be given the same punishment as if the offense was committed.

(8)03. Conspiracy

  • If two or more persons conspire to commit any crime, to falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime, they shall be punished by the same punishment as if the offense was committed.

(8)04. Soliciting

  • A person who solicits for the commission or perpetration of any crime shall be punished by the same punishment as if the offense was committed.

(8)05. Government Worker Clause

  • Any crime knowingly committed against a government worker or state agency employee, as defined by the State Constitution, shall punish the perpetrator with the maximum possible sentence allowed by that particular code entry, unless a judge orders a reduced sentence.

(8)06. Plea Bargaining / Police Compliance Clause

  • If a person, at the request of the District Attorney’s Office, or by other legal authorities within the County of Calico, complies to assistance in other activities sufficient to assist with the apprehension or prevention of criminals or crime in Calico County, then that individual is permitted to receive bargains or other commutes to sentences and punishments issued.

  • The specific amount of a sentence commute is subject to the circumstances of each situation of Plea Bargain or Police Compliance, at the discretion of the judge reviewing the case.

(8)07. Criminal Accomplice Clause

  • A person who acts as an accomplice, aid, adviser, or other supportive role to another person's attempted or successful criminal acts shall receive HALF the punishment allotted to the person who attempted or successful criminal acts.

(8)08. Accessory After the Fact

  • A person who knowingly and willingly helps another person who had successfully committed a criminal act shall receive HALF the punishment issued to the person who committed the criminal act.

  • Examples include harboring a fugitive, helping destroy or distort evidence, or assisting the person evade or avoid police custody.

(8)09. Gang Crimes Clause

  • Any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with a criminal gang, or with the specific intent to promote, further, or assist in any criminal conduct by gang members, may be punished as follows:

    • if the felony is a serious felony, the person may be punished by an additional term of three (3) to five (5) years depending on the circumstances of the offense (( 30 - 60 months at officer's discretion ));

    • If the felony is a violent felony, the person may be punished by an additional term of eight (8) to ten (10) years depending on the circumstances of the offense (( 60 - 90 months at officer's discretion)).

  • "Serious felony" means any of the following:

    • CP.C. 2-01. Arson; CP.C. 2-06. Robbery; CP.C. 2-12. Grand Theft Of A Firearm; CP.C. 2-14. Extortion; CP.C. 3-06. Stalking; CP.C. 4-05. Dissuading A Witness Or Victim; CP.C. 5-03. Incitement To Riot; CP.C. 2-19a. Possession Of A Controlled Substance With Intent To Sell;

    • CC.C 2-17a. Possession Of Moonshine With Intent To Sell; CP.C. 6-04. Maintaining A Place For The Purpose Of Distribution; CP.C. 6-05. Manufacture Of A Controlled Substance; CP.C. 6-06. Sale Of A Controlled Substance; CP.C. 9-05. Unlicensed Distribution Of A Weapon; CP.C. 9-06. Possession Of An Explosive Device; CP.C. 9-07. Manufacture or Possession of an Improvised Device; CP.C. 9-09. Possession Of Explosive Devices With Intent To Sell.

  • "Violent felony" means any of the following:

    • CP.C. 1-03 Assault with a Deadly Weapon; CP.C. 1-06. Attempted Murder; CP.C. 1-07. Manslaughter; CP.C. 1-09. Murder; CP.C. 1-11. Kidnapping; CP.C. 1-13. Mayhem; CP.C. 1-14. Vehicular Murder; CP.C. 2-07. Aggravated Robbery; CP.C 4-15. Human Trafficking; CP.C. 5-05. Terrorism; CP.C. 1-14. Hit And Run; CP.C. 7-07. Ride-By Shooting.

  • (( Usage of Section 10(09) of the Penal Code is restricted to the courts and to detectives and uniformed officers belonging to an investigative unit. This charge can only be applied once per arrest and is non-stackable. ))

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