PC 219 Crimes: Destroy Train Causing Death; Throwing Missiles & Shooting at Common Carriers (Trains, Vessels, Street Cars, Ships, Buses). Criminal Defense Lawyers Explain Penal Code 219 Crimes.

California penal code sections 219, 219.1 and 219.2 cover crimes involving “common carriers,” such as derailing a train causing death (PC 219), throwing missiles at trains, buses, street cars, or ships causing injury (PC 219.1) and throwing missiles or shotting at trains, vessels, or ships not causing injury (PC 219.2).

This summary covers the laws, penalties and common defenses related to PC 219 crimes. For further information, please contact our criminal defense lawyers for a free consultation.

PC 219: Intentional Derailment of Train

"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 and thus derails the same, 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 and thus blows up or derails the same, 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, and thus wrecks the same, is guilty of a felony and punishable with death or imprisonment in the state prison for life without possibility of parole in cases where any person suffers death as a proximate result thereof, or imprisonment in the state prison for life with the possibility of parole, in cases where no person suffers death as a proximate result thereof" (PC 219 Abbrev.).

PC 219 Punishment: As stated in the language of penal code 219, if found guilty of intentionally derailing a train, the defendant will face life in prison without the possibility of parole (LWOP). If a victim dies as a result of defendant’s PC 219 crime, the defendant will face the death penalty or LWOP.

Strike Offense: PC 219 is classified as a “super strike” under California’s Three Strikes Sentencing Law. This means the defendant faces life in prison even if it the defendant has no criminal history prior to his or her penal code 219 conviction.

Probation & Suspended Prison Sentence: Neither a felony probation sentence, nor a suspended prison sentence is available after a conviction for intentionally derailing a train (PC 1170(H)). This means that no part of the defendant’s prison sentence related to a PC 219 conviction may be served out of prison on work release, probation, or house arrest. However, early parole from prison may be available in some PC 219 cases. See Parole Information.

PC 219.1 Throw Missile at Common Carrier

Per PC 219.1 Every person who unlawfully throws, hurls or projects at a vehicle operated by a common carrier, while such vehicle is either in motion or stationary, any rock, stone, brick, bottle, piece of wood or metal or any other missile of any kind or character, or does any unlawful act, with the intention of wrecking such vehicle and doing bodily harm, and thus wrecks the same and causes bodily harm, is guilty of a felony PC 219.1 (PC 219.1 Abbev.).

Common Carrier: A “common carrier” is a vessel, such as a train, ship, streetcar, etc., that is used by a public or private entity, such as a transportation company, to carry people or good, usually for a fixed price.

A common carrier is not a private transportation vehicle, such as a person’s personal vehicle, even if the personal vehicle is used to transport goods or persons.

PC 219.1 Punishment

Felony Classification & Jail: PC 219.1, throwing missile at common carrier causing injury, is always charged as a felony. If found guilty of penal code 219.1, the defendant may face up to four (4) years in the county jail.

Probation Sentence: A probation sentence is a period of supervision, as opposed to a jail sentence. A felony probation sentence is available in penal code 219.1 cases, but a probation sentence is never guaranteed.

Whether a defendant is granted a probation sentence after a conviction for throwing a missile at a common carrier depends on the facts and circumstances of the case, including the defendant’s criminal history and the disposition of any plea bargain agreement reached between the district attorney (or court) and the defendant’s criminal defense lawyer.

Suspended Sentence: A suspended sentence is a jail sentence that is not served unless the defendant violates a term of his or her probation. Suspended sentencing, sometime called “joint suspended sentence” is a allowed in PC 219.1 cases, but similar to a probation sentence, a joint suspended sentence is never guaranteed.

Additional Penalties: In addition to a jail or probation sentence, if found guilty of penal code 219.1, the defendant will face immigration consequences (non-US citizens), professional licensing consequences and military service consequences. Other penalties include criminal protective orders, court fines and fees, civil lawsuits and more.

PC 219.2 Throw Missile or Shoot at Common Carrier

Per PC 219.2 'Every person who willfully throws, hurls, or projects a stone or other hard substance, or shoots a missile, at a train, locomotive, railway car, caboose, cable railway car, street railway car, or bus or at a steam vessel or watercraft used for carrying passengers or freight on any of the waters within or bordering on this state, is guilty of penal code 219.2' (PC 219.2 Abbrev.).

Missile Defined: Per PC 219, a “missile” is any hard object, including rocks, bottles, bullets and more.

Punishment for PC 219.2: Throwing a missile at a common carrier that does not result in injury is classified as a “wobbler.” A “wobbler” crime is any crime that may be charged as a misdemeanor, or alternatively as a felony.

Felony Sentence: When PC 219.2 is charged as a felony, the defendant will face up to three years in the county jail. A probation sentence, with or without some incarceration, might also be available.

Misdemeanor Sentence: When PC 219.2 is charged as a misdemeanor, the defendant will face up to one (1) year in the county jail.

Probation Sentence & PC 1170(H) Jail Sentence

PC 219.2 crimes are available for a probation sentence and a suspended jail sentence, but neither a probation sentence, nor a suspended jail sentence is guaranteed in any penal code 219.2 case.

Whether the district attorney, or court, offers a probation sentence or a suspended jail sentence after a felony or misdemeanor violation of PC 219.2 depends on the facts and circumstances of the case, including the defendant’s criminal history.

Additional Penalties: In addition to a possible jail or probation sentence, if found guilty of throwing a missile at a train or common carrier, the defendant will face criminal protective orders, fines and fees, civil lawsuits, loss of immigration status, and more.

PC 219 Defense

The best defense that meets a PC 219 charge depends on the facts of the case and the exact PC 219 allegation levied against the defendant. With this in mind, common defenses include statute of limitations (for non-LWOP PC 219 cases), insanity, coerced confession, illegal search and seizure, Miranda Rights violations, insufficient evidence to prove identity of defendant, and more.

Note: For PC 219.2, the court may reclassify a felony charge to a misdemeanor charge. This is true even when the district attorney objects to the reclassification. For more information, see PC 17(b) Motions.

To learn more about the crime of derailing a train (train wrecking) or throwing missiles at trains, buses, ships, and more, or California PC 219, contact our criminal defense lawyers today for a free consultation.

Our experienced team of award-winning criminal defense lawyers, including trail lawyers, have successfully handled hundreds of felony and misdemeanor crimes in the cities and courts of San Bernardino, Rialto, Fontana, Rancho Cucamonga, Riverside, Victorville, Ontario, Moreno Valley, Adelanto, Chino, Banning, Redlands, Joshua Tree, and more. Call today.

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PC 219 Crimes: Destroy Train Causing Death; Throwing Missiles & Shooting at Common Carriers (Trains, Vessels, Street Cars, Ships, Buses). Criminal Defense Lawyers Explain Penal Code 219 Crimes.