PC 218 “Train Wrecking” Law, Sentence & Criminal Defense. Criminal Defense Lawyers Explain California Penal Code 218

Information on the crime of train wrecking (i.e., causing a trainwreck) is found at California penal code section 218 & 218.1. The following summarizes the law, penalties and common defense related to PC 218 & 218.1.

PC 218 Law

Per California PC 218 “Every person who unlawfully throws out a switch, removes a rail, or places any obstruction on any railroad with the intention of derailing any passenger, freight or other train, car or engine, or who unlawfully places any dynamite or other explosive material or any other obstruction upon or near the track of any railroad with the intention of blowing up or derailing any such train, car or engine, or who unlawfully sets fire to any railroad bridge or trestle, over which any such train, car or engine must pass with the intention of wrecking such train, car or engine, is guilty train wrecking" (PC 218 Abbrev.).

To “wreck” a train under PC 218 is an attempt crime. If the defendant’s attempt leads to train derailing, crashes, or is otherwise damaged, defendant may face additional criminal charges, including derailing a train (PC 219), vandalism, murder, arson, possession of explosive device, trespass to railroad track and more, depending on the circumstances of the case.

Example: David starts a fire under a railroad bridge with the intent of setting the bridge on fire and causing the train tracks to fail. Under this circumstance, David may be charged with PC 218 (train wrecking), arson, attempted murder, and trespass on railroad property.

PC 218 & 218.1 Punishment

PC 218 is classified as a felony under California law. If found guilty of train wrecking, the defendant may face up to life in state prison without the possibility of parole (LWOP).

Three Strikes Sentence: A conviction for train wrecking is a “serious” offense as that term is defined at 1192.7. As such, PC 218 is classified as a “strike” offense under California’s Three Strikes Sentencing Law.

Probation & Split Sentence: Per PC 218, a conviction for attempting to derail or wreck a train is not eligible for a probation sentence, a split sentence, or a suspended prison sentence (i.e., “joint suspension”).

Related Offense: Per PC 218.1 ‘a person who unlawfully and with gross negligence places any obstruction upon or near the track of any railroad that proximately results in either the damaging or derailing of any passenger, freight, or other train, or injures a rail passenger or employee, is guilty of derailing a train (PC 218.1 Abbrev.).

PC 218.1 Penalty: Derailing a train is classified as a felony or a misdemeanor (i.e., “wobbler” offense).

If found guilty of derailing a train, the defendant will face up to four (4) years in prison (felony), or one (1) year in county jail (misdemeanor). In addition, the defendant will incur court fines, criminal protective orders, and more.

Note: Both probation and suspended prison sentences are available after a felony or misdemeanor conviction of penal code 218.1.

PC 218 v. 218.1: The difference between PC 218 and PC 218.1 is that under PC 218, the train does not need to derail or wreck. It is the defendant’s intent to derail or wreck a train that is punishable under PC 218. On the other hand, PC 218.1 is charged where the train is derailed or wrecked, but the defendant did not specifically intend to cause the derailment or wreck (i.e., reckless behavior).

CIMT: Train wrecking charged under PC 218 is a crime involving moral turpitude. A crime involving moral turpitude is any criminal offense that involves immoral behavior or fraud.

As such, PC 218 charges carry addition direct and indirect consequences, such as deportation for non-United States citizens, loss of professional licensure, loss of military service options, and more.

PC 218.1 is not classified as a crime involving moral turpitude.

Firearm Rights Affected: A conviction for penal code 218 will result in the defendant losing his or her firearm rights for life. This includes the loss of rights to own and possess ammunition and body armor.

Additional Penalties: In addition to state prison consequences, if found guilty of train wrecking, the defendant will face criminal protective orders (CPO), court fines and fees, loss of family law rights, civil lawsuits, harsher penalties for future criminal offenses, and more.

PC 218 & PC 218.1 Defense

Every PC 218 & PC 218.1 allegation is different; therefore, the best defense used against a PC 218 or PC 218.1 charge depends on the facts of the allegations. Common defenses to train wrecking include coerced confession, illegal search and seizure, lack of Miranda Rights, insanity, and insufficient evidence to prove identity of the defendant.

Note: There is no statute of limitations (SOL) for train wrecking charged as PC 218. This means the district attorney may start prosecution against the defendant regardless of how many years have passed since the date of the alleged attempt to train wreck. The SOL for PC 218.1 is three (3) years from the date of the derailment or train wreck.

PC 17(b) Reclassification: As stated, a PC 218 charge (attempted train wreck or derailment) is only classified as a felony; however, PC 218.1 (reckless conduct causing train wreck or derailment) may be charged either as a felony, or alternatively, as a misdemeanor.

In some cases where penal code 218.1 is charged as a felony, it might be possible to have that criminal charge reduced to a misdemeanor either with, or without, the district attorney’s approval. For more information, see Misdemeanor v. Felony Crime & “Wobbler” Crimes.

For more information on defenses to PC 218 & PC 218.1, see Defenses to Crimes.

To learn more about attempting to derail or wreck a train (PC 218), or derailing or wrecking a train (PC 218.1) contact our California criminal defense lawyers for a free consultation.

Our aggressive and deeply experienced criminal defense lawyers have successfully handled hundreds of misdemeanor and felony crimes in all San Bernardino, Riverside, Los Angeles, and Orange County Court, including Fontana, Victorville, Rancho Cucamonga, Rialto, Redlands, Hesperia, and more. Call today!

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PC 218 “Train Wrecking” Law, Sentence & Criminal Defense. Criminal Defense Lawyers Explain California Penal Code 218