California § 1170.85. 1170.85. (Amended by Stats. 1985, Ch. 1108, Sec. 3.)

California Statutes

§ 1170.85. — 1170.85. (Amended by Stats. 1985, Ch. 1108, Sec. 3.)

California § 1170.85.

JurisdictionCalifornia

Code PENPenal Code - PEN

Title7.

Part 2.TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT

Ch. 4.5.CHAPTER 4.5. Trial Court Sentencing

Art. 1.ARTICLE 1. Initial Sentencing

This text of California § 1170.85. (1170.85. (Amended by Stats. 1985, Ch. 1108, Sec. 3.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cal. Penal Code - PEN Code § 1170.85. (2026).

Text

(a)Upon conviction of any felony assault or battery offense, it shall be considered a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170 if the offense was committed to prevent or dissuade a person who is or may become a witness from attending upon or testifying at any trial, proceeding, or inquiry authorized by law, or if the offense was committed because the person provided assistance or information to a law enforcement officer, or to a public prosecutor in a criminal or juvenile court proceeding.

(b)Upon conviction of any felony it shall be considered a circumstance in aggravation in imposing a term under subdivision (b) of Section 1170 if the victim of an offense is particularly vulnerable, or unable to defend himself or herself, due

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(a)
Upon conviction of any felony assault or battery offense, it shall be considered a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170 if the offense was committed to prevent or dissuade a person who is or may become a witness from attending upon or testifying at any trial, proceeding, or inquiry authorized by law, or if the offense was committed because the person provided assistance or information to a law enforcement officer, or to a public prosecutor in a criminal or juvenile court proceeding.
(b)
Upon conviction of
any felony it shall be considered a circumstance in aggravation in imposing a term under subdivision (b) of Section 1170 if the victim of an offense is particularly vulnerable, or unable to defend himself or herself, due to age or significant disability.