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General Provisions

The General Provisions establish rules that apply throughout the San Andreas Penal Code. These provisions govern criminal classifications, sentencing, charge stacking, attempts, accomplice liability, probation, parole, community service, and other principles used when applying individual statutes.
When an individual criminal statute contains a more specific rule, the specific statute controls over a conflicting general provision.

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Criminal Classifications

Criminal offenses are classified according to their overall seriousness. A criminal classification describes the overall seriousness of an offense. It does not automatically determine the exact jail sentence, fine, probation period, or parole period. Individual statutes establish their own penalties.

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Sentencing Guidelines

The following ranges provide general guidance when evaluating the seriousness of an offense.
These ranges are general sentencing guidelines and are not mandatory minimums or maximums.The jail time and fine listed on an individual Penal Code statute control for that offense.Because classifications describe overall criminal severity rather than a fixed sentence, sentencing ranges may intentionally overlap between classifications.
This means that a lower-end Class A Felony may carry less incarceration than a particularly serious Class B Felony without changing the classification of either offense.

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Sentencing Factors

When sentencing discretion is available, the Judiciary may consider relevant aggravating and mitigating circumstances. Factors may include:
  • Actual harm caused;
  • Potential harm created;
  • Intent;
  • Planning or premeditation;
  • Use of violence;
  • Use of a deadly weapon;
  • Number of victims;
  • Vulnerability of a victim;
  • Criminal history;
  • Cooperation with authorities;
  • Acceptance of responsibility;
  • Restitution;
  • Repeated or organized criminal conduct;
  • Abuse of a position of trust;
  • Public-safety risk;
  • Rehabilitation;
  • Other lawful aggravating circumstances; and
  • Other lawful mitigating circumstances.
No single factor automatically determines classification or sentence unless an individual statute specifically provides otherwise.

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Cite & Release

Cite & Release is an enforcement method and is not a separate criminal classification. A statute designated as citation eligible may ordinarily be resolved without full custodial processing when:
  • The person’s identity is reasonably established;
  • There is no active warrant requiring custody;
  • The person does not present an immediate public-safety threat;
  • Continued criminal conduct is unlikely;
  • Evidence can reasonably be preserved; and
  • No other lawful reason requires custody.
Citation eligibility means an officer may use Cite & Release when appropriate. It does not create an absolute right to release.
Citation eligibility does not prevent lawful arrest when circumstances reasonably require custody.

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Charge Stacking and Merger

Multiple statutes may appear to apply to the same criminal incident. Officers, prosecutors, and courts should avoid duplicative punishment for the same criminal conduct.

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Lesser-Included Offenses

A lesser offense ordinarily merges into the greater offense when both arise from the same act. Examples include:
  • Aggravated Battery replacing Battery;
  • Armed Robbery replacing Robbery;
  • Reckless Evading replacing Evading; and
  • Armed Carjacking replacing Carjacking.
Do not automatically charge both versions for the same conduct.

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Attempts and Completed Offenses

An attempted offense does not ordinarily stack with the completed offense involving the same act and victim. For example: