PC 76 Threatening Life of or Serious Bodily Harm to Public Official, Staff, or Member of Immediate Family | Fresno Criminal Defense Attorney

PC 76 Threatening Life of or Serious Bodily Harm to Public Official, Staff, or Member of Immediate Family

is a serious offense in the state of California for which a prison sentence could occur as punishment for the violation of this section.  If you have been charged with PC 76 Threatening Life of or Serious Bodily Harm to Public Official, Staff, or Member of Immediate Family you may want to consult with an attorney as to the best course of action to move forward with an effective defense strategy, understand your rights, and make an informed decision.

PC 76 Threatening Life of or Serious Bodily Harm to Public Official, Staff, or Member of Immediate Family

(a) Every person who knowingly and willing threatens the life of, or threatens serious bodily harm to, any elected public official, county public defender, county clerk,  exempt appointee of the Governor, judge, or Deputy Commissioner of the Board of Prison Terms, or the staff, immediate family, or immediate family of the staff of any elected public official, county public defender, county clerk, exempt appointee of the Governor, judge or Deputy Commissioner of the Board of Prison Terms, with the specific intent that the statement is to be taken as a threat, and the apparent ability to carry out that threat by any mans, is guilty of a public offense, punishable as follows:

(1) Upon a first conviction, the offense is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in county jail not exceeding one year, or by both that fine and imprisonment.

(2) If the person has been convicted previously of violating this section, the previous conviction shall be charged in the accusatory pleading and if the previous conviction is found to be true by the jury upon a jury trial, or by the court upon a court trial, or is admitted by the defendant, the offense is punishable by imprisonment pursuant to subdivision (h) of Section 1170.

(b) Any law enforcement agency that has knowledge of a violation of this section involving a consultation officer of the state, a violation of this section involving a constitutional officer of the state, a Member of legislature, or a member of the judiciary shall immediately report that information to the Department of the California Highway Patrol.

(c) For purposes of this section, the following definitions shall apply:

(1) Apparent ability to carry out that threat, includes the ability to fulfill the threat some future date when the person making the threat is an incarcerated prisoner with a stated release date.

(2) Serious bodily harm, includes serious physical injury or serious traumatic condition.

(3) Immediate family, means a spouse, parent, or child, or anyone who has regularly resided in the household for the past six months.

(4) "Staff of a judge" means court officers and employees, including commissioners, referees, and retired judges sitting on assignment.

(5) "Threat" means a verbal or written threat or a threat implied by a pattern of conduct or a combination of verbal or written  statements and conduct made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family.

(d) As for threats against staff or immediate family of staff, the threat must relate directly to the official duties of the staff of the elected public official, county public defender, county clerk, exempt appointee of the Governor, judge, or Deputy Commissioner of the Board of Prison Terms in order to constitute a public offense under this section.

(e) A threat must relate to the official duties of a Deputy Commissioner of the Board of Prions Terms in order to constitute a public offense under this section.

Can I go to Prison for a violation of PC 76?

Yes.  The standard guidelines for a Felony Violation of this section is as follows:

Every person who violates this section is guilty of a public offense. Upon a first conviction, the offense is punishable by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year.  A Felony Conviction of is punishable pursuant to this subdivision where the term is not specified in the underlying offense  shall be punishable by a term of imprisonment of 16, 24, or 36 months.

Remember that enhancements and priors may add to this sentence.  Issues such as prison prior, violent or serious felony's, strikes priors all are taken into account.

What are the elements of PC 76?

1. Defendant knowingly and willingly threatened the life of, or threatened serious bodily harm to any elected public or state official or a member of the immediate family or staff.

2. Defendant did so with the specified intent that the statement be taken as a threat.

3.  Defendant had the ability  to carry out the threat by any means.

Can PC 76 be a Felony?

Yes, PC 76 is what is referred to as a "wobbler" which means it could be charged, convicted, and/or sentenced as a felony or misdemeanor.

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Fresno DUI Lawyer Jonathan Rooker: Fresno area law enforcement agencies have some of the strictest DUI enforcement policies in the Nation. The first decision an officer makes during the DUI enforcement is the decision to stop the vehicle. It may be a driving pattern, maintenance infraction, tinted windows, or other issues the lead the officer to make that decision. The next decision is whether to have the driver exit the vehicle and conduct a DUI investigation. Factors include odor or alcohol, red watery eyes, and slurred speech. Timely stopping, parking, and fumbling with a license or insurance paperwork, all influence the officers decision to continue the investigation. Once outside the vehicle the subject may sway or have trouble following directions. At the conclusion of the third stage, the officer decides if there is probable cause for an arrest. If you are arrested, there are steps you should take on your own behalf. It is important for anyone cited for DUI to contact the DMV within 10 days to preserve their right to an Admin Per Se Hearing in front of a DMV officer. Failure to contact the DMV within 10 days may result in the suspension of your driving privilege. Remember, the officer arrests at probable cause, but it takes proof beyond a reasonable doubt to convict. If the officer does their job right, a large percentage of the people should be found not guilty.

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Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.