Falsely Reporting an Emergency Causing Injury or Death | Penal Code § 148.3 (b)

Description

Penalties for the crime of Falsely Reporting an Emergency Causing Injury or Death are more serious than the crime of Falsely Reporting an Emergency. California law specifies that any individual who reports, or causes any report to be made, to any city, county, state, district, agency, division, commission, or board that an “emergency” exists, knowing that the report is false, and who knows, or should know, that at the response to the report is likely to cause death or great bodily injury may be charged with a felony.

What does the prosecutor have to prove?

1. Defendant reported or caused a report to be made, to any city, county, city and county, or state department, district, agency, division, commission, or board, that an emergency|emergencyPC148.3 exists.
2. Defendant knew that the report was false.
3. As result of the false report, great bodily injury or death was sustained by another person or persons.

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