DePape will be booked for attempted homicide (664/187 PC), first-degree burglary (459 PC), violent felony enhancement (667.5(c)(21) PC), assault with a deadly weapon (245(a)(1)PC), aggravated battery with serious bodily injury (243(d) PC), elder abuse (368(b)(1) PC), inflict great bodily injury on elderly (12022.7(c) PC), dissuading a victim (136.1(b)(1) PC), threatening public official, or family member (76(a) PC), and damaging or preventing a communication for an emergency call (591.5 PC).
It seems that under California law, breaking and entering is now subsumed into the first degree burglary charge. That requires entry with criminal intent but not a breaking into a structure as part of the crime. One can be prosecuted for first degree burglary by walking through an open door with criminal intent, no breaking required to be alleged even if a breaking took place.
I would think that Mr. DePape is in some real danger. Nancy Pelosi has been a powerful person throughout her life. Nancy has known how to get rid of people for a couple generations.
So how are the Pelousys going to spin this in court… oh, they may ask Hillary to “help..”