PC1170(h) Information

 PC 1170(h) Information

In 2011, California created new felony sentencing law aimed at reducing the inmate population in California's overcrowded prisons. The new law, found at penal code section 1170, allows judges to suspend or split a prison sentence for defendants convicted of certain felonies. PC 1170 also allows some prison sentences to be served in a local county jail, as opposed to a California state prison.

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A suspended sentence is a prison or jail sentence that is not actually served so long as the defendant successfully completes an alternative sentence of mandatory supervised probation. For example, if the defendant is serving a three year suspended prison sentence than the defendant is not actually in prison; however, if the defendant does not comply with the terms of his or her out-of-prison sentence, then the court will sentence the defendant to the three years prison.

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A split sentence is a jail sentence that is allowed to be served partially in jail and partially out of jail on work release or house arrest (electronic monitoring). For example, if the defendant is ordered to serve a sixteen month jail sentence and that sentence is split, then the defendant will only serve eight month in jail and the other eight months may be served out of jail on work release or house arrest. Also, the defendant may have his or her jail sentenced reduced further for good behavior credits earned while in custody or while serving in a work release program.

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To be eligible for the benefits of PC 1170 sentencing, the defendant must not have been convicted of a crime or enhancement that is classified either as a serious offense, a violent offense, or sexual offense.

 

A serious offense is any crime listed in section 1192.7(c) of the penal code. More information on 1192.7 crimes, including sentencing for PC 1192.7 crimes, may be found at serious felonies.

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A violent offense is any crime listed in section 667.5 of the penal code. More information on PC 667.5 crimes, including sentencing for PC 667.5 crimes, may be found at violent felonies.

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A sex offense is any crime listed in section 290 of the penal code. For a list of PC 290 sex offense crimes please see Sex Offender Registration.

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Note: If the defendant has previously suffered a serious, violent, or sex offense conviction, then the defendant must serve his or her incarceration in a state prison despite the fact that the defendant's current offense might otherwise be eligible for PC 1170(h) sentencing. Also,, the court maintains authority to deny a suspended sentence if denial would be in the best interest of justice.

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PC 1170(h) Eligible Crimes (Partial List)

 

• Animal Cruelty….. PC 597(a)

• Welfare Fraud….. WI 10980(c)

• DUI Boating w/injury…..HN 665(f)

• Vandalism….. PC 594(a)

• Vehicle Theft….. VC 10851(a)

• Statutory Rape….. PC 261.5(c)

• False Compartment….. HS 11366.8

• Accessory After the Fact….. PC 32

• Resisting an Executive Officer….. PC 69

• Perjury….. PC 118a & 118(a)

• False Imprisonment….. PC 236, 237

• Theft from Elder….. PC 368

• Hate Crime….. PC 422.7

• Comm. Burglary….. PC 459

• Counterfeiting….. PC 477

• Theft….. PC 484(a)

• Grand Theft Auto….. PC 487(d)(1)

• Receive Stolen Properly….. PC 496(a)

• Embezzlement….. PC 503

• Extortion….. PC 520

• False Personation….. PC 529

• Identity Theft….. PC 530.5

• False Pretenses….. PC 532

• Insurance Fraud….. PC 550

• Trespass w/injury….. PC 601(a)

• Own a Chop Shop….. VC 10801

• Speed Contest….. VC 23109(a)

• DUI w/3Priors….. VC 23152

• Owning Attack Dog….. PC 399.5(a)

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Probation & PC 1170(h): Defendants that are convicted of crimes that are not covered by the sentencing benefits of PC 1170(h) might nevertheless be eligible for a probation sentence. A probation sentence is a period of supervision in place of a jail or prison sentence. For example, the crime of criminal threats is considered a serious offense (PC 1192.7). Therefore, if a defendant is sentenced to prison after a conviction for the crime of criminal threats he or she must serve his or her sentence in a state prison and may not have that prison sentence suspended or split. However, a conviction for the crime of criminal threats is eligible for a probation sentences despite the fact that it is not a crime covered under PC 1170(h) sentencing. Therefore, a defendant may be eligible for a probation sentence, as opposed to a prison sentence, upon a conviction for the crime of criminal threats. Be aware that not all crimes are eligible for probation sentences.

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Note: This above list represents only a partial list of common crimes that are eligible for PC 1170(h) sentencing. There are simply too many crimes eligible for PC 1170(h) sentencing to be listed here, including dozens of firearm, theft, and drug crimes. Also, some crimes listed above have closely related crimes that do not qualify for PC 1170(h) sentencing. For example, the crime of extortion (PC 520) is eligible for PC 1170(h) sentencing, but the crime of gang related extortion (also charged under PC 520) is not eligible for PC 1170(h) sentencing. Furthermore, a criminal charge might be eligible for PC 1170(h) sentencing but a criminal enhancement that is added to the criminal charge may nevertheless preclude the defendant from receiving the benefits of PC 1170(h) sentencing (if the enhancement is classified as a serious or violent enhancement).

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To learn more about suspended sentences, split sentences, PC 1170 law, probation sentences, or whether a crime is eligible for PC 1170(h) sentencing, contact our experienced criminal defense attorneys today for a free consultation.

PC 401(a) Aiding a Suicide Law & Defense

Aid or Abet a Suicide

PC 401(a)

Information on the crime of aiding or abetting a suicide, also known as assisted suicide, is found at California penal code section 40(a).

 

Per 401(a) Any person who deliberately aids, advises, or encourages another to commit suicide is guilty of a felony.

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Note: Aiding a person in suicide is not murder. Likewise, attempting to aid someone to commit suicide is not attempted murder. Aiding means to encourage another person to kill himself or herself or provides a means for another person to kill himself or herself. Aiding a person in suicide is a purposeful but indirect role in a person death; murder is a direct role in a person's death.

 

For example: If the defendant gives a lethal dose of painkillers to a family member who requested such a dose in order to kill himself the defendant may be found guilty of aiding a suicide; however, if the defendant gives the same lethal dose of painkillers to a family member and the family member does not know of the lethal nature of the painkillers then the defendant may be charged with murder. The defendant may be charged with murder in the second scenario even if the defendant was acting out of mercy towards a family member who was suffering severe pain and who was already on the verge of death (also known as mercy killing or euthanasia).

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Note: For purposes of the crime of aiding or abetting a suicide, it does not matter if the manner in which the defendant kills another person is painless or that the victim requests the aid. It also does not matter whether or not the victim is on the verge of death with an incurable disease or injury.

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PC 401(a) Punishment

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PC 401(a) is charged as a felony in California. The charging code in San Bernardino County is PC401(a)-F. If found guilty of PC 401(a), the defendant could face a maximum of three years in jail. Good conduct credits could reduce any jail sentence by up to 50%.

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Probation Sentence: A probation sentence, with or without some actual jail or work release time, is allowed in cases of aiding or abetting a suicide. Whether or not the defendant receives a probation sentences after a conviction of PC 401(a) depends largely yon the defendant criminal history and the facts of the fact.

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Work release and house arrest options are sometimes allowed if the defendant is granted probation. Good conduct credits, or time off for good behavior, varies depending on whether the defendant serves his or her time behind bars (actual jail) or on work release or house arrest.

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Other punishments to PC 401(a) convictions can include: fines, restraining orders, monetary penalties, professional licensing consequences (i.e. doctors, dentists, lawyers, therapist, etc.), immigration consequences (for non U.S. citizens), denial or revocation of military service, loss of family law rights, loss of the right to own firearms, harsh probation terms, and more.

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Strike Offense: The crime of aiding or abetting a suicide is not a strike offense in California.

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Bail Issues: The presumptive bail amount for PC 401(a) charges is $25,000 in San Bernardino County (2020).

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Defenses to Aiding a Suicide

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Defenses to the crime of aiding or abetting  suicide include, lack of intent to aid the suicide (insufficient evidence), mistake of fact, jury nullification, coerced confessions, insanity, and more. For more information on defenses to crimes, including PC 401(a) aiding a suicide, see defenses to crimes.

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If you have been charged with the crime of aiding or abetting a suicide (PC 401(a)), contact our criminal defense lawyers for a free consultation. Our criminal defense lawyers will patiently inform you of your rights and available defenses. Our criminal defense lawyers are available seven days a week to assist you. Call today!

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909-913-3138

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Crimes Related to PC 401(a)

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• PC 187(a) Murder

• PC 664/187(a) Attempted Murder

• PC 664/401(a) Attempted Assisted Suicide

• PC 242 Battery