VC 23110 (a), (b)

VC 23110 (a), (b)

Offense

(a) Throw substance at parked or moving vehicle

(b) Throw dangerous items at same with intent to cause great bodily injury

Aggravated Felony (AF)

Part (a) is not a COV, and max penalty is 6 months.

Assume (b) is a COV. To avoid an AF, get 364 or less on each count. See § N.4 Sentence.

Crime Involving Moral Turpitude (CIMT)

(a) should not be CIMT1Subsection (a) has no requirement of bad intent and can reach minor conduct. It “merely bars the throwing of any substance at a vehicle while it is moving along or is parked on a highway or a street, which could distract the driver, or result in his injury or in an injury to any occupant, or do some mischief to the vehicle itself.” Findley v. Justice Court (1976) 62 Cal. App. 3d 566, 572.

(b) is CIMT b/c requires intent to do GBI

Other Removal Grounds

(b) is a COV and could be a deportable DV offense if V has domestic relationship.

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

Advice and Comments

CIMT: Best plea to (a) is throwing something at a car parked on a street or similar mild conduct, in case IJ (wrongly) looks at record instead of evaluating the offense by the minimum conduct required for guilt.

2020-05-19T19:46:20+00:00Updated January 29th, 2020|