In San Francisco, the California Penal Code is enforced by the San Francisco Police Department. Police Officers (subject to their chain of command) have the authority to issue warnings, fines, or conduct arrests for the violation of these laws in accordance with the maximum punishment guidelines. When present in the city, federal officials such as FBI Investigators have the authority but not the obligation to enforce these laws; their focus instead is on conducting long-term investigation work as opposed to street-level enforcement.
Offence Classes
Within the Penal Code, there are three classes of offences ranging for least to most serious: Infractions, Misdemeanors, and Felonies.
Infractions are the least severe class of offense. Penalties for infractions generally include fines or community service, but do not result in jail time or a criminal record.
Misdemeanors is criminal offence that may be punished with fines or jailtime. These offences range widely in severity, and make up the bulk of the Penal Code.
Felonies are serious criminal offences that are always punished with jailtime. Within felonies, there are Capital crimes that may be punished with the death penalty.
Legal Rights
California citizens have legal rights under the United States Constitution and California Law. These should not be violated by Police Officers or other law enforcement personnel unless a state of emergency is ordered by the State (Administrators). In general, residents of San Francisco have the right:
- To remain silent and refuse to answer questions from law enforcement.
- To consult an advisor before speaking to the police and to have an advisor present during questioning now or in the future.
- To stop answering at any time until they talk to an attorney.
- To not have their person, property, or belongings unreasonable searched or seized without probable cause or a search warrant that describes the reason, specific person, property, or belonging to be searched and for what evidence the search seeks to obtain.
- To carry small-caliber weaponry, and non-lethal personal defense equipment concealed on their person.
- To freedom of speech and of the press.
- To peaceably to assemble and protest on public property.
- To defend oneself, another person, one's property, or property that one has been charged with the protection of (i.e., security guards) with reasonable and proportional force required to stop the threat, up to and including lethal force.
- To not be detained, arrested, or confined by law enforcement without probable cause or an arrest warrant.
- To received due process in all criminal matters.
- To be informed of the penalty they are to receive for a criminal offence that they have been arrested for.
Due Process
Search warrants are documents listing all persons and areas to be searched with the signature of the authority authorizing the search.
Arrest warrants are documents listing the individual to be arrested and on what charges with the signature of the authority authorizing the arrest.
A person being searched or arrested has the right to read the warrant authorizing the search or arrest prior to the act being conducted.
As the senior law enforcement officer within the city, the Police Chief is empowered to sign and issue warrants. When the Police Chief is absent, Police Sergeants become empowered to sign and issue warrants.
If there is no Police Chief or Sergeants, the Police Officers making up the force may verbally and unanimously authorize a Police Officer to sign and issue warrants until one of the appropriate authorities is in the city. Such warrants must be reviewed by appropriate authorities as soon as they are available to do so.
There are exceptions to the requirement of having and presenting a warrant, including:
- If a crime is directly witnessed by law enforcement, then a warrant is not required to conduct an arrest.
- If waiting for a warrant would reasonably cause severe danger or risk to persons or property, then a warrant may be presented after the arrest or search.
- If a person is arrested, they may be searched without a separate search warrant.
- If a person is on private property or closed-government property (i.e., the Police Station), they may be required to submit to a search of their person without a warrant unless they agree to leave the property immediately.
Death Penalty
Certain felony offenses are also 'capital' offences that may receive the death penalty as a maximum punishment with the permission of online Administrators.
Offenses Inclusive
Individuals that have conspired, attempted, solicited, or been an accessory to a felony or misdemeanor offence may be charged and punished as if they had personally committed said offence.
Felony Offenses
| OFFENCE | DESCRIPTION | MINIMUM PUNISHMENT | MAXIMUM PUNISHMENT | NOTES |
|---|---|---|---|---|
| Murder (C) | The unlawful killing of a human being with intent and malice. | Holding until Trial. | Death penalty upon State Authorization | Killing committed in situations of reasonable self-defense are not included. |
| Voluntary Manslaughter | The unlawful killing of a human being committed in the heat of the moment, a sudden confrontation, or during unreasonable self-defence. | $3,000 Bail | Holding until Trial | |
| Carjacking | The unlawful seizure of an automotive vehicle from a lawful driver of said vehicle. | $1,500 Bail | 15 Minutes in Custody | This does not include instances where someone is reclaiming a stolen vehicle that belongs to them from an unlawful driver, or police confiscation of a vehicle from an intoxicated driver or other detained person. |
| Robbery | The theft of another person's property through the use of physical force, intimidation, blackmail, or other coercive means. | $1,000 Bail and the Return of Stolen Goods or their Cash Value | 15 Minutes in Custody | |
| Kidnapping | The unlawful seizure of a human being against their will and permission. | $3,000 Bail | 30 Minutes in Custody | This includes theft of vehicles that have passengers, but no driver. This does not include situations where someone has been detained by private security guards to prevent trespassing, vandalism, or other harm. |
| Aggravated Assault | The unlawful injuring or harming of a human being that causes severe injuries requiring urgent medical attention. | $3,000 Bail | 30 Minutes in Custody | This includes all assaults committed with firearms, and physical assaults where bones are broken, organs are damaged, limbs are severed, or medical attention is required to prevent the deterioration of the victim's condition. |
| Grand Theft | The theft of another person's property equal or greater in value to ~$5,000 | $1,500 Bail and Return of Stolen Goods or their Cash Value | 15 Minutes in Custody | This includes theft of vehicles that do not have an active driver. |
| Terrorism (C) | The damage of property or killing/injuring of human beings with extreme force with intent to cause panic, fear, or intimidation to the public, or a group of persons. | Holding until Trial | Death penalty upon State Authorization | This includes the use of explosives, arson, and mass murder/violence. |
| Resisting Arrest | Refusal to comply with a lawful arrest. | N/A | $1,000 Fine or 10 Minutes in Custody in Addition to Original Offense | This does not include verbal resistance that does not involve either evading arrest or physical force in resisting arrest. |
| Riotous Behaviour | The unlawful assembly of a group of persons that disturbs the public peace, damages public or private property, occurs on private property, or includes the committal of other criminal offenses. | $1,000 Bail | 10 Minutes in Custody | This does not include peaceful assembly on public property, including in roadways or sidewalks outside private property. |