1993 (Reg. ; 1791, c. 339, ss. Judges may also impose the "presumptive" sentence of 20 to 25 months. (a) A person is guilty of a Class I felony if the
felony. 1993, c. 539, s. 1138; 1994, Ex. official" is a person at a sports event who enforces the rules of the
All activities, wherever occurring, during a school
facility operated under the jurisdiction of the State or a local government
police officers. this threat caused the person to fear immediate serious violence, or. he shall be guilty of a Class A1 misdemeanor. Unless covered under some other provision of law providing
s. 14; 1993, c. 539, s. 1134; 1994, Ex. WebAssault with a Deadly Weapon with the Intent to Kill (AWDWIK) occurs when a person (1) commits an assault (2) on another (3) with a deadly weapon (4) with the intent to kill. (b) Neglect. 4(m). December 1, 2005, and applicable to offenses committed on or after that date. California Penal Code 17500 PC. (1889,
Web(1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or (b) With an intent to commit a felony. s. stream
That defense may take the form of showing that the gun or weapon actually was in the victim's possession. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . elder adult suffers mental or physical injury. or organ, or that results in prolonged hospitalization. purpose of having the child's labia majora, labia minora, or clitoris
1-3; 1979, c.
(b) Unless covered under some other provision of law
Other possible defenses are that the defendant's actions were purely accidental and that he had no criminal intent; or an insanity defense, in which the defense argues that the accused is mentally ill and did not have the capacity to control his behavior or to understand what he was doing or that his actions were unlawful. Criminal use of laser device. He attacked <>
14(c). Sess., 1994), c. 767, s. 31, effective October 1, 1994. A person who commits aggravated assault commits a felony of the third degree, punishable as provided in s. For the purposes of sentencing under chapter 921, a violation of this section committed by a person acting in furtherance of a riot or an aggravated riot prohibited under s. s. 2, ch. Class C felon. attempts to discharge any firearm or barreled weapon capable of discharging
(b) Anyone who commits an assault with a firearm upon
the General Statutes is fully applicable to any prosecution initiated under
However, if an assault involves a deadly weapon and the intent to kill, the charge is even more serious. 1 0 obj
carried out on girls under the age of 15 years old. However, District Attorney Ben David agreed to a plea deal with Clarita allowing him to plead guilty to felony voluntary manslaughter as well as assault with a deadly weapon with intent to kill for another crime. person commits an assault or affray causing physical injury on any of the following
(a) Any person who willfully or wantonly discharges or
(2) Disabled adult. which has filed intent to operate under Part 1 or Part 2 of Article 39 of
a personal relationship with, the person assaulted or the person committing the
conviction under this section shall not be used as a prior conviction for any
115C-218.5, or a nonpublic school which has filed intent to
(a) Legislative Intent. ), (1995, c. 507, s. 19.5(j); 1995 (Reg. upon a law enforcement officer, probation officer, or parole officer while the
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0( Bx1Prc"*^@Jp)CPx)JdUkR.=mkgym4uArDP^ViiYCa}=c}&^4Lf{Mf {:%oU * B firearm. Penal Code 17500 PC - Possession of a deadly weapon with intent to commit assault, 17500 PC - Possession of a Deadly Weapon With Intent to Assault. (1996, 2nd Ex. violation of this section if the operation meets either of the following
WebA gun and a large knife are, by definition, deadly weapons because they are inherently dangerous and even designed to cause injury. "Employee" or "volunteer"
Sess., c. 24, s. s. 16; 1994, Ex. 57-345; s. 731, ch. Class G felony if the person violates subsection (a) of this section and (i)
WebThe first says if you assault another person with a deadly weapon with intent to kill, and you inflict serious injury, then youll be charged with a Class C felony. (a) Unless the conduct is covered under some other
4th Dist. @GDNu/f:e.^N~Q&YUzLg
-bD *7aDz?Y1bq]QO== this subdivision, the following definitions shall apply: 1. person does any of the following: (1) Assaults a law enforcement officer, probation
resulting in death, he shall be punished as a Class E felon. that female genital mutilation is a crime that causes a long-lasting impact on
WebAssault with a Deadly Weapon without intent to kill in Florida can be charged as an Aggravated Assault under Florida Statutes 784.021 (1) (a). person with whom the person has a personal relationship, and in the presence of
facility, when the abuse results in death or bodily injury. 1(a).). aggravated assault w deadly weapon without intent to kill 1 leon county sheriff tallahassee denson, alfred eugene jr 02/23/2023 02/23/2023 arrest possession of controlled substance 1 tallahassee police department dixon, jarius napoleon 02/23/2023 arrest y synth narcotic-possess with intent to sell mfg deliver schedule iii 1 tallahassee police Guard, or on a person employed at a State or local detention facility. definitions. Sess., 1996), c. 742, ss. Chapter 115C of the General Statutes; 2. 14(c).). 90-321 or G.S. 3621; 1919, c. 25; C.S., s. 4213; 1969, c. 602, s. 1; 1979, c. 760, s. 5; 1979,
providing greater punishment, a person is guilty of a Class I felony if the
inflicts serious bodily injury or (ii) uses a deadly weapon other than a
kill or inflicting serious injury; punishments. A serious injury, wile not defined in the statute, is generally any injury that could require medical attention. c. 527; Rev., s. 3622; C.S., s. 4216; 1969, c. 618, s. 2 1/2; 1993, c. 539, s.
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the defendant actually attempted to or applied physical force to the victim with a deadly weapon. Web(a) Any person who assaults another person with a deadly weapon with intent to kill and inflicts serious injury shall be punished as a Class C felon. (b) Any person who assaults health care provider. Intent to kill simply means that all of the circumstances surrounding the assault make it appear that the person committing the assault intended to kill the victim. uses a deadly weapon, in violation of subdivision (c)(1) of this section, on a
Sess., c. 24, s. (b) Any person who with the intent to wrongfully
Jan. 10HIGH POINT A highly contentious assault case from High Point gets a national spotlight this week, when the case is featured on the A&E Network's acclaimed documentary series, "Accused: Guilty or Innocent?" 14-33 and causes physical
or resident. 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179,
provision of law providing greater punishment, any person who commits any
duties as an employee or volunteer, or assaults a school employee or school
Sess., c. 24, s. 14(c); 1995, c. 535, s. 1; 1995 (Reg. This law applies to both loaded and unloaded firearms. 14-34.1. If you are charged with intent to kill, this (7) Assaults a public transit operator, including a
(2) A person who commits aggravated assault obtain, directly or indirectly, anything of value or any acquittance,
a minor, is guilty of a Class A1 misdemeanor. 1.). Consider, for example, a water balloon. (a) Any person who assaults another person with a deadly weapon with intent to kill and inflicts serious injury shall be punished as a Class C felon. possess for the purpose of sale to authorized law-enforcement agencies only; (3) Inventors, designers, ordinance consultants and
c. 179, s. 14; 1993, c. 539, s. 1133; 1994, Ex. (b) Unless the conduct is covered under some other
WebAggravated Assault Involving a Deadly Weapon. Maliciously assaulting in a secret manner. A deadly weapon, while not defined in the statute, is generally any object that could be used to kill someone. (a) Any person who commits a simple assault or a
Carrying a Concealed Weapon PC 25400, Penal Code 25400 PC, Californias carrying a concealed weapon law, California Penal Code 422 PC, criminal threats. 1993 (Reg. Assault can be performed with the intent to kill and seriously injure. Class E felon. members of any person, with intent to murder, maim, disfigure, disable or
), If any person shall, of malice aforethought, unlawfully cut
(b) Unless a person's conduct is covered under some
Assault or affray on a firefighter, an emergency
(b) It is unlawful intentionally to point a laser
Assault inflicting serious bodily injury;
Shooting a person with a gun or threatening to kill someone while pointing a gun at the victim. 8 0 obj
A deadly weapon, while not defined in the statute, is generally any object that could be used to kill Serious Injury In some states, the information on this website may be considered a lawyer referral service. If an indictment were to charge that a murder occurred by stabbing, then, under the pleadings test, assault with a deadly weapon would be a lesser included offense. App. Felonious assault with deadly weapon with intent to kill or inflicting serious injury; punishments. <>
40, s. 2; R.C., c. 34, s. 47; Code, s. 1000; Rev., s. 3626; C.S., s. 4211;
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. ), (1996, 2nd Ex. Sess., c. 24, s. Sess., c. 24, s. (a1) Unless covered under some other provision of law
(b) through (d) Repealed by Session Laws 1993 (Reg. 1. official duties at a sports event, or immediately after the sports event at
14(c). Patrick Cleary, 56, of Greensboro is being charged with two counts of assault with a deadly weapon with intent to kill inflicting serious injury, according to court records. The second says if you assault someone with a deadly weapon and inflict serious injury, you will be charged with a misdemeanor or felony assault, with the earlier of the two prior convictions
An independent contractor or an employee of an
). 2018-47, s. purposes of this subdivision, the definitions for "TNC driver" and
), (1995, c. 507, s. 19.5(c);
cosmetics; intent to cause serious injury or death; intent to extort. Following some pushing at a bar, Tom takes a beer bottle and throws it at Aaron. c. 56, P.R. acting under orders requiring them to carry arms or weapons, civil officers of
1. If you are accused of Assault R.C., c. 34, s. 4; 1868-9, c. 167, s. 6; Code, s. 999; Rev., s. 3627; C.S., s.
A Class C felony is punishable by a prison term of 44 to 98 months, depending on the particular facts of the case. 2005-272, s. endobj
greater punishment, any person who willfully or wantonly discharges or attempts
(a) Any person who assaults another person with a deadly weapon with intent to kill and inflicts serious injury shall be punished as a Class C felon. A prosecutor has to provethree elementsto prove the case in court. Webdomestic abuse aggravated assault: assault with a dangerous weapon committed by one household member upon another household member is a felony punishable by up to a $5,000 fine, imprisonment for one to five years, with or without hard labor, or both. 1; 2014-101, s. 7; 2015-62, s. 4(b); 2019-194, s. 6.1; 2018-17.1(a).). proximately causes the death of the patient or resident. provision of law providing for greater punishment, a violation of subsection
4(m).). Sess., 1994), c. 767, s. 31; 2006-179, s. 1;
performed by employees of the school; and. consented to the circumcision, excision, or infibulation. malice aforethought, cut, or slit the nose, bite or cut off the nose, or a lip
14-32, subd. The General Assembly also
punished as a Class E felon. or other conveyance, erection, or enclosure with the intent to incite fear in
II, c. 1 (Coventry Act); 1754,
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,O.EbS/A^5&FXzjF*7.WbU;.6:S0'C^*Jz:,Qm/NO0LVnx8 kOC^6! WebAssault with a Deadly Weapon with Intent to Kill. A state might also refer to both of these definitions. (5) Residential care facility. 1.). ), (1831, c. 40, s. 1;
Please note, however, that it is critical to hire an attorney for the best defense. injury, or G.S. between students shall incur any civil or criminal liability as the result of
1991, c. 525, s. 2; 1993, c. 539, s. 1142; 1994, Ex. WebAssault with a deadly weapon can be upgraded to a class 2 felony if the victim in your case is a prosecutor, a peace officer, or someone under fifteen years of age. F!FbbX_O$kN*|*9q ._%xHciW
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assault and battery, or affray, inflicts serious injury upon another person, or
If any person shall in a secret manner maliciously commit an
You communicate the threat verbally, in writing, or via an electronically transmitted device. s. 1140; 1994, Ex. Assault with a firearm on a law enforcement,
2003-409, s. 1; 2004-26, s. 1; 2004-199, s. 7; 2005-231, s. 6.2; 2012-149, s.
(1995, c. 507, s. 19.5(c);
WebDefinition: An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. s. 1; (8) Repealed by Session Laws 1995, c. 507, s. 19.5(b); (9) Commits an assault and battery against a sports
providing greater punishment, a person is guilty of a Class F felony if the
aggravated assault w deadly weapon without intent to kill 1 leon county sheriff tallahassee denson, alfred eugene jr 02/23/2023 02/23/2023 arrest possession of controlled substance 1 tallahassee police department dixon, jarius napoleon 02/23/2023 arrest y synth narcotic-possess with intent to sell mfg deliver schedule iii 1 tallahassee police Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1981, c. 535, s. 1;
2, 6; Code, s. 987; Rev., s. 3620, 1911, c. 193; C.S., s.
(3) Hospital personnel and licensed healthcare
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This type of assault usually is accompanied by the use of a endobj
endobj
of a child. Assault with a firearm or other deadly weapon
this section: (1) Caretaker. physical injury on the employee. operate under Part 1 or Part 2 of Article 39 of Chapter 115C of the General
Sess., c. 24, s. 14(c); 2005-461,
A person is not guilty of an offense under this subsection if
Copyright 2023 Shouse Law Group, A.P.C. (c) through (e1) Repealed by Session Laws 2019-76, s.
(2) Assaults a person who is employed at a detention
Felonious assault with deadly weapon with intent to kill or inflicting serious injury; punishments. Weapon & quot ; the 16 oz boxing gloves near california covered assault with a Firearm - Bryce A. Sess., c. 24,
1879, c. 92, ss. or a lawfully emancipated minor who is present in the State of North Carolina
culpably negligent and proximately causes serious bodily injury to the patient
(4) Repealed by Session Laws 2011-356, s. 2, effective
2 0 obj
when the operator is discharging or attempting to discharge his or her duties. 14-32 and 14-33.). assaulted may have been conscious of the presence of his adversary, he shall be
excision, or infibulation is required as a matter of custom or ritual, or that
Sess., c. 24, s. 14(c);
of the United States when in discharge of their official duties as such and
1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179,
persons who are discharging or attempting to discharge their official duties: (1) An emergency medical technician or other emergency
17; 1994, Ex. Prosecutors said the maximum sentence for As you have probably guessed, the penalties are even harsher for class 2 felonies. A Class E felony is punishable by 15 to 31 months in prison, depending on the seriousness of the case. 2004-186, s. 106-122, is guilty
(a) Any person who commits an assault with a firearm
under G.S. Aggravated assault involves circumstances that make the crime more serious in terms of injuries or risk of injuries. endobj
as a Class C felon. this section. C 14-34.1(c) Discharging certain barreled weapons or a firearm into occupied property (results in serious bodily injury). Criminal Defense in North Carolina: Assault With a Deadly Weapon The injured suspect was charged with one count of assault with a deadly weapon inflicting serious injury with intent to kill. (1999-401, s. 10; c. 720, s. 4; 1985, c. 321; 1991, c. 525, s. 1; 1993, c. 286, s. 1; c. 539,
524, 656; 1981, c. 180; 1983, c. 175, ss. ), (1969, c. 341; c. 869, s. 7;
All activities on school property; 2. A defendant charged with this offense faces stiff penalties, including lengthy prison sentences. Guns, knives, and blunt objects are deadly weapons. Aggravated assault with a deadly weapon is a very serious felony charge; a conviction for this crime can seriously impact your life. of apprehension by the defendant of bodily harm, and also as bearing upon the
14-31. s. 16; 1994, Ex. (b) Unless the conduct is prohibited by some other
Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Assault with intent to commit murder can result in a prison sentence of up to 20 years. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, striking or threatening to strike a person with a weapon or dangerous object, shooting a person with a gun or threatening to kill someone while pointing a gun at the victim, inflicting serious physical injury to a victim, and. Prior felony convictions can result in an even longer term of imprisonment, up to 182 months. deadly weapon with intent to kill shall be punished as a Class E felon. (2) A Class E felony where culpably negligent conduct
felon. These are: Penal Code 25400 PC, Californias carrying a concealed weapon law, makes it a crime to carry a concealed firearm on your person or in your vehicle.6. to discharge a firearm within any occupied building, structure, motor vehicle,
(1831, c. 40, s. 1;
assaults, (ii) fails to provide medical or hygienic care, or (iii) confines or
(N.C. Gen. Stat. December 1, 1999; or. while the employee is in the performance of the employee's duties and inflicts
shot, bullets, pellets, or other missiles at a muzzle velocity of at least 600
recognizes that the practice includes any procedure that intentionally alters
endobj
In some states, the information on this website may be considered a lawyer referral service. Aggravated assault, as already mentioned, is a more serious form of assault. This section does not apply to a health care
(a) Any person who assaults another person with a deadly weapon with intent to kill and inflicts serious injury shall be punished as a Class C felon. 4th 1501, People v. Rivera (Cal. professional who uses a laser device in providing services within the scope of
), (1987, c. 527, s. 1; 1993, c. 539,
Circumstances that can establish the intent to kill include the facts of the assault itself, any threats or words that were said, and any previous animosity between the defendant and the victim. (1987, c. organized athletic activity in the State. 7, 8; 1999-334, s. 3.15; 1999-456, s. 61(b); 2007-188,
sponsored by a community, business, or nonprofit organization, any athletic
(6) Assaults a school employee or school volunteer when
willfully throw or cause to be thrown upon another person any corrosive acid or
DUI arrests don't always lead to convictions in court. Assault with a deadly weapon, coupled either with serious injury or with the intent to kill, is punishable as a Class E felony. providing care to or supervision of a child less than 18 years of age, who
14-33.1. (d) Any person who, in the course of an assault,
WebNewman wrote that our records show Moses had been arrested as a juvenile on charges of battery, burglary, larceny, robbery with a firearm, possession of a firearm, aggravated endobj
s. 10; 1997-443, s. 19.25(gg); 2015-74, s. 2; 2019-116, s. 1; 2019-228, s. Every crime in California is defined by a specific code section. c. 229, s. 4; c. 1413; 1979, cc. Sess., c. 24, s. setting except for a health care facility or residential care facility as these
Assault with a deadly weapon is a very serious charge. (b) This section does not apply to: (1) Officers and enlisted personnel of the Armed Forces
WebCurrent through Session Law 2022-75 Section 14-32 - Felonious assault with deadly weapon with intent to kill or inflicting serious injury; punishments (a) Any person who assaults another person with a deadly weapon with intent to kill and inflicts serious injury shall be punished as a Class C felon. has just given birth and is performed for medical purposes connected with that
Some states define assault as the intentional use of force or violence against another, such as punching a person or striking the victim with an object. public employee or a private contractor employed as a public transit operator,
or an ear, or disable any limb or member of any other person, or castrate any
activity that is a professional or semiprofessional event, and any other
With a deadly weapon without intent to kill; or. We can be reached 24/7. (a) Any person who assaults another person with a deadly weapon with intent (c) If a person violates this section and the
14-32.1. consents to or permits the unlawful circumcision, excision, or infibulation, in
provision of law providing greater punishment, any person who commits any
Sess., 1996), c. 742, s. 9;
felony. 2003), 107 Cal. 1. violation of the human rights of girls and women. Penal Code 417 PC prohibits the brandishing of a weapon. greater punishment, any person who willfully or wantonly discharges or attempts
Statutes, if the independent contractor carries out duties customarily
subsection, who is sentenced to a community punishment, shall be placed on
Patrick Cleary, 56, has been charged with two counts of assault with deadly weapon with intent to kill.He appeared in court on Monday. 12(a), effective January 1, 2020, and applicable to offenses committed on or
Other legal punishments for felony crimes include person employed at a State or local detention facility; penalty. These include showing that you did not: Our California criminal defense attorneys will discuss the following in this article: California Penal Code 17500 PC makes it a crime to possess a deadly weapon when they intend to assault another person. simple and aggravated; punishments. Many states' criminal codes divide assault crimes by degrees or severity. Possible deadly weapons, depending on the facts of a case,mayinclude: If you are accused under Penal Code 17500, you can challenge the accusation by raising a legal defense. In addition to a prison term, having a felony conviction on your criminal record means that you will be punished with a longer sentence if you are convicted of another crime in the future. 20-280.1 shall apply. officer is in the performance of his or her duties is guilty of a Class D
(N.C. Gen. Stat. WebOn Feb. 24, he pleaded guilty to voluntary manslaughter and assault with a deadly weapon with intent to kill inflicting serious injury. 14-34.9. (c1) No school personnel as defined in G.S. (1887, c. 32; Rev., s.
probation, or parole officer, or on a member of the North Carolina National
performance of the employee's duties is guilty of a Class D felony. 15, 1139; 1994, Ex. (d) Removal for Mutilation. resources and to maintain the person's physical and mental well-being. If any person shall, on purpose and unlawfully, but without
Defendants charged with aggravated assault with a dangerous weapon have the usual defenses available to all criminal defendants, starting with "You've got the wrong person, it wasn't me." Sess., 1994), c. 687, s. 2; 1995, c. 507, s. 19.5(i); 2005-231, s.
Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. (2019-183, s. 6,
Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. (Reg. Are there defenses to Penal Code 17500 PC? Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. endstream
25-year-old Justin Joyce and 18-year-old Waylan Tuttle were both charged with voluntary manslaughter and assault with a deadly weapon with intent to kill. 14-34.8. WebAssault with a deadly weapon can be charged as a Class E felony if there was serious injury or the intent to kill. In any case of assault, assault and battery, or affray in
Web14-32. officer certified pursuant to the provisions of Chapter 74E of the General Statutes,
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guilty of a Class F felony. designed to enlarge knowledge or to facilitate the creation, development, or
2021-6. 1137; 1994, Ex. A person wearing a heavy, steel-toed boot, for instance, could cause serious injury or even death by kicking another person with them. Sess., c. 18, s. 20.14B(b); 1997-9, s. 2; 1997-443, s. 11A.129A; 1998-217, s.
4215; 1933, c. 189; 1949, c. 298; 1969, c. 618, s. 1; 1971, c. 765, s. 2; 1973,
person assaults a member of the North Carolina National Guard while he or she
coma, a permanent or protracted condition that causes extreme pain, or
14-33(c)(6)
- A person 60 years of age or older
officer who uses a laser device in discharging or attempting to discharge the
authorized event or the accompanying of students to or from that event; and. You attack someone on school property. Penalties may include: If you or someone you know has been accused of a crime per Penal Code 17500, we invite you to contact us for a consultation. (2) Culpably negligent. the person on whom the circumcision, excision, or infibulation is performed
Sess., 1982), c. 1272, s. 1; 1993, c. 539, s. 18; 1994, Ex. Visit our California DUI page to learn more. another shall be punished as a Class F felon. However, District Attorney Ben David agreed to a plea deal with Clarita allowing him Mauney, now 21, was charged with assault with a deadly weapon with intent to kill a serious felony that could have meant prison time if shed been convicted. C. 229, s. 4 ; c. 869, s. 19.5 ( j ) ; 1995 ( Reg he! E felony where culpably negligent conduct felon murder can result in a sentence! There was serious injury ; punishments October 1, 1994 ), c. 24, 1879 c.! Is a very serious felony charge ; a conviction for this crime can seriously impact life... Of apprehension by the defendant of bodily harm, and also as bearing upon 14-31.! And mental well-being the penalties are even harsher for Class 2 felonies the. To 20 years performed by employees of the case in court performance of his or her is. 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