Criminal Law Flashcards

How does California classify crimes?

Answer: As felonies, misdemeanors, and infractions, with some offenses classified as wobblers

California classifies crimes into three categories: felonies (punishable by state prison), misdemeanors (up to 1 year county jail), and infractions (fine only). Some offenses are 'wobblers' that can be charged as either felony or misdemeanor.

What are the elements of burglary under California Penal Code Section 459?

Answer: Entry into a structure with the intent to commit theft or any felony

California burglary requires entry into a building, room, or locked vehicle with the intent to commit grand or petit larceny or any felony. No breaking or nighttime entry is required.

What is California's Three Strikes Law?

Answer: A sentencing enhancement that increases penalties for repeat offenders with prior serious or violent felony convictions

California's Three Strikes Law imposes significantly enhanced sentences on defendants convicted of a new felony who have prior serious or violent felony convictions, with a potential 25-to-life sentence on a third strike.

What is Proposition 47's impact on California criminal law?

Answer: It reduced certain non-violent property and drug offenses from felonies to misdemeanors

Proposition 47 (2014) reclassified several non-violent property crimes (theft under $950) and drug possession offenses from felonies to misdemeanors.

What is the California felony murder rule?

Answer: A defendant can be convicted of murder if a death occurs during the commission of certain inherently dangerous felonies

Under California's felony murder rule (as modified by SB 1437), a person can be convicted of murder if they were the actual killer, aided the killer, or were a major participant in the felony who acted with reckless indifference to human life.

What rights do crime victims have under California's Marsy's Law?

Answer: The right to be heard at proceedings, to be notified of case status, and to restitution

Marsy's Law (Proposition 9, 2008) provides crime victims with constitutional rights including notification of proceedings, the right to be heard, protection from the defendant, and restitution.