Description What does the prosecutor have to prove? Punishment Can this be charged as a felony or a misdemeanor (“wobbler”)? Yes 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? Yes Do I have to register as a drug offender if convicted? Yes 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? Yes Am I eligible for PC § 1000 drug diversion if convicted? Yes Am I eligible for Prop. 36 drug diversion if convicted? Yes 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? Yes Is this charge considered a “controlled substance violation” for immigration purposes? Yes Is this charge considered a “domestic violence” for immigration purposes? Yes Is this charge considered a “firearm conviction” for immigration purposes? Yes
