PC 17500

PC 17500

Offense

Possession of deadly weapon with intent to assault another.

Aggravated Felony (AF)

Not AF because (a) 6-month max sentence, plus (b) arguably because minimum conduct involves offensive touching.

Crime Involving Moral Turpitude (CIMT)

While arguably it should not be CIMT, it might be charged as such and is not sure to avoid a CIMT. See Advice.

Other Removal Grounds

Not a deportable firearms offense, but best practice is a plea to a non-firearm or to leave ROC blank; see Advice.

To ensure not wrongly charged as child abuse, keep minor V’s age out of ROC. See 243(a).

To surely avoid deportable DV offense, best practice is to either identify a specific V with no domestic relationship (e.g., neighbor, police), or plead to a different offense; see Advice. 17500 should not be held a COV but there is no precedent.

Advice and Comments

CIMT/COV: To best avoid a CIMT or COV, consider PC 417, or 243(a) if necessary with PC 21310 or 25400. However, 17500 is preferable to PC 245 as a way to avoid a CIMT or COV. In that case, to provide extra security try to plead to intent to commit offensive touching, and possession of weapon but not intent to use or threaten. 1Defenders warn that PC 17500 may be held a CIMT because it is a specific intent crime; the language of PC § 17500 includes “with intent to” and the relevant jury instruction (CALCRIM No. 2503) requires the jury to find intent to assault beyond a reasonable doubt. In contrast, PC § 417 is a general intent crime.

Firearms ground: Not a deportable firearms offense due to antique firearms rule; see discussion at 29800. Also, statute should be held not divisible.

Assume an ROC ID’ing a firearm will be a “significant misdemeanor” firearms offense for DACA. Keep ROC clean of firearm and see note at PC 25400.

2021-05-18T19:19:30+00:00Updated May 18th, 2021|