Title 15 — Field Reference
§ 15.01 — Citation, arrest, and charging guide
| Situation | Preferred response |
|---|---|
| Infraction; identity confirmed; no continuing danger | Warning or citation. |
| M3 or M2; cooperative person; no victim-safety concern | Citation or summons unless repeat conduct, flight risk, or law requires arrest. |
| M1 | Custodial arrest permitted; consider citation only where policy and safety allow. |
| Felony | Custodial arrest on probable cause, subject to warrant rules and agency policy. |
| Domestic violence, protection-order violation, stalking, or credible threat | Prioritize victim separation, weapon inquiry, protection-order check, and mandatory-arrest policy where applicable. |
| Impairment or behavioral crisis without serious crime | Consider protective custody, EMS, treatment, or diversion. |
§ 15.02 — Common charging scenarios
Armed convenience-store robbery
- Armed robbery, § 3.21.
- Firearm possession by prohibited person, § 7.12, if independently supported.
- Unlawful firearm transfer or defaced firearm, if independently supported.
- Assault counts only for distinct injury or conduct beyond force inherent in the robbery.
- Vehicle fleeing, § 6.04 or §§ 9.91–9.92, if a pursuit occurs.
Residential burglary
- Burglary in the second degree, § 3.24; first degree if armed, occupied, or injury occurs.
- Theft graded by aggregate value.
- Criminal mischief for distinct forced-entry damage.
- Possession of burglary tools only when criminal intent is independently shown.
Stolen vehicle pursuit
- Grand theft motor vehicle or possession of stolen vehicle—not both for the original thief.
- Felony vehicular fleeing; aggravated fleeing when its additional elements exist.
- Reckless driving may be charged for a distinct course of dangerous conduct.
- Hit and run for each collision from which the driver knowingly fails to stop.
Drug sale
- Possession with intent/distribution or trafficking based on substance, quantity, and evidence.
- Do not also charge simple possession for the same quantity.
- Firearm and drug-premises offenses require their own elements.
- Cash alone does not establish distribution or laundering.
Shooting incident
- Determine justification before charging.
- Charge homicide or assault based on intent and injury.
- Unlawful discharge applies when discharge creates a distinct public danger not fully included in the assaultive count.
- Each intentionally targeted victim may support a separate count.
Protest or crowd event
- Protect lawful speech, recording, and assembly.
- Identify specific criminal conduct and the responsible actor.
- Give clear warnings and a reasonable chance to comply before failure-to-disperse charges.
- Do not infer riot participation from proximity, clothing, viewpoint, or association alone.
§ 15.03 — Probable-cause checklist
Before adding a count, record:
- Conduct: What act or omission occurred?
- Mental state: What facts show intent, knowledge, recklessness, or negligence?
- Circumstance: What fact made the conduct unlawful—lack of consent, value, prohibited status, location, order, or license?
- Result: What injury, damage, risk, loss, or disruption occurred?
- Identity: What links the suspect to the act?
- Defense: Is there apparent self-defense, necessity, consent, lawful authority, or factual mistake?
- Merger: Is the proposed count merely a lesser-included or duplicative charge?
- Evidence: What witness, video, physical item, record, admission, or observation supports each element?
§ 15.04 — Sentence reference
| Grade | Custody | Fine | Shorthand |
|---|---|---|---|
| I | 0 | $500 | Infraction |
| M3 | 5 | $1,000 | Minor misdemeanor |
| M2 | 10 | $2,500 | Standard misdemeanor |
| M1 | 20 | $5,000 | Serious misdemeanor |
| F5 | 30 | $10,000 | Low felony |
| F4 | 45 | $15,000 | Standard felony |
| F3 | 60 | $25,000 | Serious felony |
| F2 | 90 | $50,000 | Major violent/enterprise felony |
| F1 | 120 | $100,000 | Highest ordinary felony |
| LF | 180 or life | $250,000 | Life felony |
§ 15.05 — Administrative customization points
The following may be changed by server policy without altering the substantive definitions:
- custody-month conversion;
- fine amounts and economy scaling;
- legal cannabis age and possession limit;
- controlled-substance item weights and trafficking thresholds;
- firearm license and open-carry policy;
- driver-license point review period;
- agency citation-versus-arrest policy;
- protected zones and posted restricted locations;
- wildlife seasons and limits; and
- business license categories.
Substantive changes to offense elements, grade, available defenses, or enhancement rules should be adopted as a numbered Code amendment.
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