Falsely Reporting a Fire (or triggering a false fire alarm) | Penal Code § 148.4(a)

Description

Charges for Falsely Reporting a Fire may be levied against any person who willfully and maliciously tampers with, molests, injures or breaks any fire protection equipment, insulation, alarm apparatus; or sends gives, transmits or sounds any false alarm of fire by any other means may be charged with a misdemeanor.

What does the prosecutor have to prove?

1. Defendant willfully and maliciously tampered with, molested, injured, or broke any fire protection equipment, fire protection installation, fire alarm apparatus, wire, or signal. or
2. Defendant willfully and maliciously sent, gave, transmitted, or sounded any false alarm of fire, by means of any fire alarm system or signal or by any other means or methods. [PC 148.4(a)]

Punishment

Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
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?	May
Do I lose my right to vote if convicted?	No
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?	No
Is this charge considered a “crime of moral turpitude” for immigration purposes?	May
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