Description

A specific section of the California Penal Code deals with Child Abuse which results in traumatic injury to a child. Traumatic condition means a wound or other bodily injury caused by physical force, whether minor serious. Sentencing may consider prior acts of child abuse. Examples of traumatic Child Abuse includes shaking a baby causing brain trauma or forcefully grabbing a child pulling their arm from the socket.

What does the prosecutor have to prove?

Felony Coma: 1. Defendant had the care or custody of a child under eight years of age.
2. Defendant committed an assault upon the child.
3. The assault was committed by means of force that to a reasonable person would likely produce great bodily injury.
4. The assault resulted in the child becoming comatose due to brain injury or suffering paralysis of a permanent nature.
Felony Death: The assault resulted in the death of the child.

Punishment

Causing Coma – 7years to Life
Causing Death – 25years to Life

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?No
Is this charge a strike?Yes
Is this charge a “serious felony”Yes
Is this charge a “violent felony”Yes
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?No
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?Yes
Is this charge considered a “firearm conviction” for immigration purposes?No