Lynching | Penal Code § 405

Description

The crime of Lynching involves a situation where rioters force a detainee from police custody. Not only a mob of rioters may be prosecuted, but the freed detainee may be charged with Lynching as well. Attempted Lynching, where the detainee is not freed, may also be prosecuted. Lynching is a more serious crime than rioting which carries only a misdemeanor charge. Examples of Lynching include appealing to onlookers for help or approaching a police car or police officer with intent to interfere with an arrest.

What does the prosecutor have to prove?

1. Defendant took another person by means of a riot.
2. The person taken was in lawful custody of a peace officer.

Punishment

Felony: 2years/3years/4years
With probation 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	May
Is this charge a “serious felony”	May
Is this charge a “violent felony”	No
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?	May
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?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No