Falsely Reporting a fire (or triggering a false fire alarm) Causing Injury or Death | Penal Code § 148.4(b)

Description

Criminal charges for Falsely Reporting a Fire Causing Injury or Death are more serious than charges for Falsely Reporting a Fire. The law states that 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 which causes death or injury may be guilty of a felony.

What does the prosecutor have to prove?

1. 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.
2. A victim sustained great bodily injury or death as a result of the defendant’s act of offense. [PC 148.4(b)]

Punishment

Felony: 16months/2years/3years
With probation 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?	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?	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