ARRESTABLE OFFENSES

WHAT ARE THE THREE CATEGORIES OF ARRESTABLE OFFENSES?

The Penal Code defines criminal offenses. This program will not attempt to cover all of them, but will cover many of the most common ones. The Penal Code classifies crimes into three categories: Infractions, Misdemeanors, and Felonies.                                      

INFRACTIONS

Infractions are offenses that are punishable only by a modest monetary fine. There is normally no jail sentence imposed for committing an offense, which is defined as an infraction, and the person committing the offense is normally cited at the scene in a fashion similar to the issuance of a traffic citation. The offender is normally not taken into custody or arrested but merely detained for purposes of issuing the citation. For the most part, infractions are reserved for specified traffic violations such as speeding (California Vehicle Code §40000.1), though other statutes impose infraction penalties as well (smoking on public transportation, Health and Safety Code §25949.8; littering public property, Penal Code §374.4.) Because most infractions occur on public property, public highways and roadways, or in areas not routinely patrolled by private security, most security guard/proprietary private security officers will not be confronted with situations involving the violations of laws which carry infraction penalties.

Nor are private security guards/proprietary private security officers normally authorized to issue citations, commonly known as notices to appear in court. For this reason, enforcement of laws involving infractions are usually reserved for law enforcement officers.

MISDEMEANORS

Misdemeanors are offenses that are punishable by a fine and/or term in the county jail. The following two conditions must exist in order for you to arrest a person on a misdemeanor charge:

1. The misdemeanor must have been attempted or committed.

2. It must have taken place (happened) in your presence.

The following are common misdemeanors (PC stands for Penal Code):

• ASSAULT (§240 PC) An unlawful attempt coupled with the present ability to commit a violent injury upon the person of another.

• BATTERY (§242 PC) Any willful and unlawful use of force or violence upon another person.

• DISTURBING THE PEACE (§415 PC) Unlawfully fighting in a public place or challenging to fight; malicious and willful disturbances of another by loud and unreasonable noise; using offensive words to provoke a violent reaction.

• INDECENT EXPOSURE (§314 PC) The act of exposing the person or private parts thereof in any public place where other persons may be offended.

• LITTERING (§374 PC) Throwing waste matter in a place other than designated containers.

• PETTY THEFT (§488 PC) The taking of property of a value of $950.00 or less (this is often the case in shoplifting.)

• TRESPASSING (§602 PC) Entering posted property without permission. Damaging or destroying property, or refusing to leave when asked by the owner or his agent.

• VANDALISM (§594 PC) Maliciously defacing, damaging, or destroying property.

FELONIES

A felony is a more serious offense that is punishable by a sentence of death, imprisonment in a jail or prison, and/or a fine.

The following two conditions must exist in order to arrest a person on a felony charge:

1. The felony must have been committed.

2. A reasonable cause must exist to believe that the person being arrested actually committed the crime. Such reasonable cause must be based on evidence linking the person to the crime. Examples of such evidence may include physical evidence such as articles of clothing belonging to the suspect and left at the scene of the crime, or testimonial evidence such as observations by the security guard/proprietary private security officer or by other persons which are told to the security guard/proprietary private security officer in which the suspect was observed committing the crime.

The following are common felonies (PC stands for Penal Code):

• ASSAULT WITH A DEADLY WEAPON (§245 PC) Assault of a person by another with a

deadly weapon or instrument or by any means of force likely to produce great bodily injury.

• ARSON (§451 PC) The willful and unlawful setting of a fire.

• GRAND THEFT (§487 PC) The taking of money, labor, or real or personal property of a value exceeding $950.00 or the taking of property from the person of another.

• BURGLARY (§459 PC) The entering of the residence or property of another with the intent to commit grand theft, petty theft, or any felony.

•KIDNAPPING (§207 PC) Taking and transporting a person against his will.

• ROBBERY (§11 PC) By force or intimidation, taking personal property from a person or from the immediate presence of a person against that person’s will

• RAPE (§261 PC) Forcing sexual intercourse.

• MANSLAUGHTER (§192 PC) The unlawful killing of another human being includes voluntary, involuntary, or vehicular manslaughter.

• MURDER (§187 PC) The unlawful killing of another human being with malice and forethought.