PC 37: Treason Laws

Legal Definition: “(a) Treason against this state consists only in levying war against it, adhering to its enemies, or giving them aid and comfort, and can be committed only by persons owing allegiance to the state. The punishment of treason shall be death or life imprisonment without the possibility of parole. The penalty shall be determined pursuant to Sections 190.3 and 190.4.”

What does this mean?

To be found guilty of Treason in California, it must be shown that you owed some kind of loyalty to the State Government and that you willfully betrayed that loyalty by either levying war against the state government or giving assistance or support to the government’s enemies. This crime requires the intent to support an enemy, you cannot do that unintentionally or by accident. In addition, being forced by an enemy through threats of violence would not be sufficient for a treason charge.

This charge also requires that there be at least two witnesses who can demonstrate that you did something in furtherance of the treason offense. This is also known as an overt act. The overt act is done in order to complete the crime of Treason.

Penalties

There are numerous factors that can determine your sentence for Treason, as defined under PC 190.3 and PC 190.4, but a Treason conviction can end up in a Death Sentence. It is the most serious charged crime, outside of Murder, and the only other offense that can lead to a death sentence.

This is a strike offense under the California Three Strikes law, but it is not a Sex Offense under PC 290. You could also face a loss of your Professional License if convicted, and if you are not a legal resident, you would face Deportation in Immigration Court since this offense is an aggravated felony under Federal Law, and is a crime involving moral turpitude.

Common Defenses

1. Statute of Limitations
2. Violation of Rights
3. Insufficient Evidence
4. Duress
5. Entrapment

You cannot be found guilty of a crime if you acted under Duress. A person acts under duress if, because of a threat or menace, you believed that you or someone else’s life would be in immediate danger if you refused a demand or request to commit the crimes. Here, your family could be kidnapped and threatened if you did not assist an enemy while working for the Government, your family would die. That threat would act as a defense to any Treason crime you committed.

As stated above, if there is no intent to commit Treason, then you cannot be found guilty of the crime. If the District Attorney fails to show that you intended to assist an enemy, there would be insufficient evidence to prove you guilty of the crime of Treason.

Call Today

Treason, as delineated under PC 37, stands as one of the gravest charges within the California legal system, matched only by the severity of murder charges in terms of its implications and the seriousness with which it is prosecuted. A conviction for treason can irreversibly alter the course of an individual’s life, embodying a profound legal challenge that demands a robust and comprehensive defense strategy.

At Inland Empire Defense, our Ontario-based PC 37 attorney brings a wealth of experience and a successful track record in defending individuals across the Inland Empire against a wide range of serious criminal charges, including treason. Our dedication to our clients’ defense is unwavering, as we understand the critical importance of addressing these charges with the utmost rigor and precision.

Why Inland Empire Defense for Treason Charges?

• Specialized Legal Expertise: Our attorney’s extensive experience in handling serious criminal charges, including treason under PC 37, ensures that your defense is grounded in a deep understanding of the law and informed by successful defense strategies.
• Proven Track Record: With numerous successful defenses across the Inland Empire, our firm is equipped to navigate the complexities of treason charges, offering strategic and effective legal representation.
• Dedicated Advocacy: Recognizing the significant impact a treason conviction can have, we are committed to providing vigorous legal representation, tailored to protect your rights and secure the best possible outcome in your case.

Begin Your Defense with Confidence

The stakes of facing a treason charge under PC 37 necessitate immediate and strategic legal action. Inland Empire Defense, located in Ontario, is prepared to offer the experienced and specialized legal support necessary to effectively confront these serious allegations.

Contact Inland Empire Defense Today

Facing charges of treason under PC 37 is a critical situation that requires expert legal guidance. Don’t face this challenge alone. Reach out to Inland Empire Defense at 909-939-7126 to secure a defense team that is knowledgeable, dedicated, and proven in its ability to defend against the most serious charges. Located in Ontario, we are your local resource for steadfast legal support and advocacy.