Violating A Court Order With A Prior PC 166(c)(4) (Penal Code 166(c)(4))
Crime: Violating a Protective Order or Stay Away Order-Act of Violence
Code Section: Penal Code 166(c)(4) (click here to view the statute)
Related CALCRIM: 2701, 2703
PC 166(c)(4) Brief Summary:
Although violating a court order is usually only a misdemeanor, it can also be charged as a felony in some cases. Pursuant to Penal Code 166(c)(4), violating a court order is punishable either as a misdemeanor or as a felony if there is a prior conviction for Penal Code 166 and the current violation involves violence or a credible threat of violence. Penal Code 166(c)(4) is often charged in domestic violence cases or elder abuse cases. The prosecutor will charge PC 166(c)(4) in cases where there has been a willful violation of a protective order or stay-way order involving violence or a threat of violence and where there has been a previous conviction within the last seven years for Penal Code 166(c)(1).
PC 166(c)(4) Elements:
To prove someone guilty of this crime, the government must prove:
- A court issued a lawful written order;
- The court order is a protective or stay-away order;
- The defendant knew of the court order;
- The defendant had the ability to follow the order;
- The defendant willfully violated the court order;
- The defendant’s conduct involved an act of violence (or credible threat of violence).
PC 166(c)(4) Punishment:
As a misdemeanor, a violation of Penal Code 166(c)(4) has a maximum exposure of up to a year in county jail. As a felony, PC 166(c)(4) can be punished by 16 months, two years, or three years in state prison. In either case, probation could also be imposed, along with other fines, fees, and conditions.
PC 166(c)(4) Lesser Included Offenses:
A lesser included offense is one that contains all of the elements of the charged offense, but for which the consequences are less severe. Typically, a conviction for a lesser included offense only occurs when there is no conviction for the more serious offense. An attempt is often times a lesser included offense to a charged offense and occurs when the defendant intended and tried to commit the charged offense, but for whatever reason, was unable to finish committing that crime. The following are some other lesser included offenses for Penal Code 166(c)(4):
- Penal Code 166(c)(1)-Violating a Court Order
PC 166(c)(4) Related Charges:
Charged with domestic violence?