While there are different opinions and views about the morality and aspects of assisted suicide in the state of California in the eye of law it is a crime when it comes to aiding, helping or even advising or encouraging someone else to commit suicide. This crime is punishable under the California Penal Code Section 401 PC and to prove that an accused is guilty of this charges in the court, the prosecutor of the government must prove the following grounds for conviction
- The accused is guilty of a felony if deliberately aided, advised, or encouraged someone else to commit suicide.
- The accused whose actions are compliant with the provisions of the End of Life Option Act (Part 1.85, Section 443 of Division 1 of the Health and Safety Code) shall not be prosecuted under this section.
Additionally, is important to make clear that aiding any person to commit suicide includes providing or giving to this other person the tools, weapon or poison necessary to commit such act; as well as advising or encouraging by counseling or facilitating the means to succeed in such act that will put an end to his/her life.
The California Penal code Section 401 PC is prosecute according to the Penal Code 18 as follows:
- Every offense declared to be a felony is punishable by jail time for 16 months, or 2 or 3 years in the state prison unless the offense is punishable pursuant to subdivision (h) of Section 1170 and with the exception of those cases where a different punishment is imposed by any other law.
- Every offense which is prescribed by any law of the state to be a felony punishable by imprisonment or by a fine, but without an alternate sentence to the county jail for a period not exceeding one year, may be punishable by imprisonment in the county jail not exceeding one year or by a fine, or by both.
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Serious legal consequences can arise by being charged with Aiding a Suicide in California. The help from an experienced and skilled federal criminal defense attorney is crucial to get the best deal possible when facing these kinds of charges or conviction. With more than 40 years of experience, the Law Office of Raoul Severo is at your disposal for a free of charge assessment of your case.
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