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PC 71 Threat of Injury Made to Officer in Performance of His Duties | Fresno Criminal Defense Attorney

PC 71 Threat of Injury Made to Officer in Performance of His Duties -- Punishment

PC 71(a) Every person who, with intent to cause, attempts to cause, or causes, any officer or employee of ay public or private educational institution or any public officer or employee to do, or refrain from doing, any act in the performance of his duties, by means of a threat, directly communicated to such person, to inflict an unlawful injury upon any person or property, and it reasonably appears to the recipient of the threat such threat could be carried out, is guilty of a public offense punishable as follows:

(1) If the person has been previously convicted of a violation of this section, such previous conviction shall be charged in the accusatory pleading, and if that previous conviction if 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, he or she is punishable by imprisonment pursuant to subdivision (h) of Section 1170.

(b) As used in this section, "directly communicated" includes, but is not limited to, a communication to the recipient of the threat by telephone, telegraph, or letter.

ELEMENTS OF PC 71:

1. defendant knowingly and willingly threatened to inflict an unlawful injury upon any person or property.

2. The victim threatened was an officer or employee of any public or private educational institution, a public employee or officer, or a public employee or officer, of a member of the immediate family of such.

3. The threat was meant to keep the public employee from performing his official duty.

4. Defendant did so with the specific intent that the statement be taken as a threat.

5. Defendant had the present ability to carry out the threat by any means. [PC 71}

Common Questions about PC 71:

Q.  Do I have to touch the person to be found in violation?

A.  No, a touching or unlawful touching need not take place to satisfy the elements of this offense.

Q.  Is PC 71 a Felony?

A.  Yes, PC 71 can be a felony offense.

Q.  Can PC 71 be a misdemeanor?

A.  Yes, PC 71 can be charged as, reduced to, or amended to a misdemeanor offense.

Q.  How long will I go to prison and/or Jail?

A.  The sentencing guidelines for a felony conviction of PC 71 include a triad of 16, 24, and 36 months.  However, if probation or the charge is sentenced as a misdemeanor, then the maximum is one year in jail, and up to 5 years probation.

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