General objectives in sentencing. As long as you are not returned to custody for any reason during the first 12 months of your supervision, your PRCS will likely last much less than three years. In this case, one-third of the two-year sentence equals eight months. (Cal. (3) Discretionary decisions of the judges in the previous cases may not be changed by the judge in the current case. In the event the parties dispute the facts on which the conviction rested, the court must conduct a presentence hearing and make appropriate corrections, additions, or deletions in the presentence probation report or order a revised report. If a section 1203.01 statement is prepared, it should be submitted no later than two weeks after sentencing so that it may be included in the official Department of Corrections and Rehabilitation, Division of Adult Operations case summary that is prepared during the time the offender is being processed at the Reception-Guidance Center of the Department of Corrections and Rehabilitation, Division of Adult Operations. endstream endobj 3338 0 obj <>/Metadata 162 0 R/Pages 3323 0 R/StructTreeRoot 255 0 R/Type/Catalog>> endobj 3339 0 obj <>/MediaBox[0 0 612 792]/Parent 3325 0 R/Resources<>/Font<>/Pattern<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]/XObject<>>>/Rotate 0/StructParents 52/Tabs/S/Type/Page>> endobj 3340 0 obj <>stream If you or a loved one have been accused of a crime, now is the time to contact us. Even if the defendant is not eligible for probation, the court should refer the matter to the probation officer for a presentence investigation and report. (Subd (b) amended effective January 1, 2007.). Whether you took advantage of a position of trust or confidence to commit the crime. This general requirement is discussed in rule 4.406. Rule 4.411. Copyright 2023 Wallin & Klarich - All rights reserved, Assault With a Deadly Weapon PC 245 (a), Child Pornography Laws Penal Code 311 PC, Governor's Pardon and Certificate of Rehab, Rule 4.431. Suspended sentencing can also help the state avoid jail overcrowding. (Pen. Such decisions include the decision to impose one of the three authorized prison terms referred to in section 1170(b), making counts in prior cases concurrent with or consecutive to each other, or the decision that circumstances in mitigation or in the furtherance of justice justified striking the punishment for an enhancement. (C) A discussion of the defendants ability to make restitution, pay any fine or penalty that may be recommended, or satisfy any special conditions of probation that are proposed. (b) The order in which criteria are listed does not indicate their relative weight or importance. In some cases, up to $1000 in fines are levied. Criteria affecting the decision to impose consecutive rather than concurrent sentences include: Facts relating to the crimes, including whether or not: (1) The crimes and their objectives were predominantly independent of each other; (2) The crimes involved separate acts of violence or threats of violence; or. Excluded from the enhanced credit provisions were defendants who had a prior Telephone: 415-865-7824; e-mail:[email protected]. If the defendant is convicted of a felony, and the facts of the crime constitute a hate crime under section 422.55, that fact must be considered a circumstance in aggravation in determining the appropriate punishment under rule 4.421 unless: (1) The court imposed a hate crime enhancement under section 422.75; or. So, what are some aggravating and mitigating factors that the judge will consider when determining your felony sentence? Our Felony Sentencing Calculator is based on the Florida Criminal Punishment Code Scoresheet On referral of the defendant to the probation officer for an investigation and report under section 1203(b) or 1203(g), or on setting a date for sentencing in the absence of a referral, the court must direct the sheriff, probation officer, or other appropriate person to report to the court and notify the defendant or defense counsel and prosecuting attorney within a reasonable time before the date set for sentencing as to the number of days that defendant has been in custody and for which he or she may be entitled to credit. Even though the defendant has no substantive right to a particular sentence within the range authorized by statute, the sentencing is a critical stage of the criminal proceeding at which he is entitled to the effective assistance of counsel . Disgraced movie producer Harvey Weinstein has been sentenced in California to 16 years for sexual assault. The lawyers at Wallin & Klarich are willing to assist you to avoid the serious consequences and gain the best possible outcome in your case. The experienced felony attorneys at Wallin & Klarich can prepare an extensive Statement of Mitigation for the court to consider at sentencing. SAN FRANCISCO (AP) Two California men who pleaded guilty to plotting to firebomb the state Democratic Partys headquarters and other buildings in Northern California after the defeat of former President Donald Trump were sentenced Wednesday to federal prison. Los Angeles | Long Beach | Glendale | Santa Clarita | Lancaster | Palmdale | Pomona | Torrance | Pasadena | West Covina | Carson | Santa Monica | Whittier | Lakewood | Redondo Beach | Arcadia | Diamond Bar | Glendora | Cerritos | La Mirada | Rancho Palos Verdes | Culver City | Manhattan Beach | Claremont | Beverly Hills | San Dimas | Walnut | Calabasas | Hermosa Beach | El Segundo | Palos Verdes Estates | Malibu, Santa Ana | Anaheim | Irvine | Huntington Beach | Garden Grove | Orange | Fullerton | Costa Mesa | Mission Viejo | Westminster | Newport Beach | Buena Park | Lake Forest | Tustin | Yorba Linda | San Clemente | Laguna Niguel | La Habra | Fountain Valley | Anaheim Hills | Placentia | Rancho Santa Margarita | Aliso Viejo | Cypress | Brea | Stanton | San Juan Capistrano | Dana Point | Laguna Hills | North Tustin | Seal Beach | Ladera Ranch | Laguna Beach | Laguna Woods | La Palma | Coto de Caza | Los Alamitos | Rossmoor | Midway City | Las Flores | Villa Park, Riverside | Moreno Valley | Corona | Temecula | Murrieta | Jurupa Valley | Indio | Hemet | Menifee | Perris | Eastvale | Cathedral City | Palm Desert | Lake Elsinore | Palm Springs | La Quinta | Coachella | San Jacinto | Beaumont | Wildomar | Banning | Norco | Desert Hot Springs | Blythe | Rancho Mirage | Canyon Lake | Calimesa | Indian Wells, San Bernardino | Fontana | Rancho Cucamonga | Ontario | Victorville | Rialto | Hesperia | Chino | Chino Hills | Upland | Apple Valley | Redlands | Highland | Colton | Yucaipa | Montclair | Adelanto | Twentynine Palms | Loma Linda | Barstow | Yucca Valley | Grand Terrace | Big Bear Lake | Needles, San Diego | Oceanside | Escondido | Carlsbad | Vista | San Marcos | Encinitas | Solana Beach | El Cajon | Santee | Poway | La Mesa | Del Mar, Oxnard | Thousand Oaks | Simi Valley | Ventura | Camarillo | Moorpark | Santa Paula | Port Hueneme | Fillmore | Ojai. 0 (a) When the defendant violates the terms of probation or is otherwise subject to revocation of probation, the sentencing judge may make any disposition of the case authorized by statute. Factors relating to the crime include that: (1) The defendant was a passive participant or played a minor role in the crime; (2) The victim was an initiator of, willing participant in, or aggressor or provoker of the incident; (3) The crime was committed because of an unusual circumstance, such as great provocation, that is unlikely to recur; (4) The defendant participated in the crime under circumstances of coercion or duress, or the criminal conduct was partially excusable for some other reason not amounting to a defense; (5) The defendant, with no apparent predisposition to do so, was induced by others to participate in the crime; (6) The defendant exercised caution to avoid harm to persons or damage to property, or the amounts of money or property taken were deliberately small, or no harm was done or threatened against the victim; (7) The defendant believed that he or she had a claim or right to the property taken, or for other reasons mistakenly believed that the conduct was legal; (8) The defendant was motivated by a desire to provide necessities for his or her family or self; and. (Subd (c) adopted effective January 1, 1991.). Under the terms of realignment, you may qualify for a split sentence if you are sentenced to county jail. So, if the defendant gets arrested at 11 pm and then police decide to release him or her the next day at 3 am, he or she will be entitled to credit of two days. Generally, the maximum jail sentence you can receive for a misdemeanor is 364 days. (Subd (a) amended effective May 23, 2007; previously amended effective January 1, 1991, and January 1, 2007.). The upper term is the most severe sentence and the lower term carries the least custody time. It is possible, although there are no cases addressing the point, that this enhancement triad with the presumptive imposition of the middle term runs afoul of Cunningham. Criteria affecting the decision to grant or deny probation include facts relating to the crime and facts relating to the defendant. (See Sen. Bill 40; Stats. Indeterminate sentences are imposed under section 1168(b). hb```8f Prison Law Office (7) Section means a section of the Penal Code. As a result of realignment, many convicted felons now serve their sentences in county jail or on supervised release rather than in state prison. Under the realignment legislation, if you have been charged with a crime that is punished pursuant to California Penal Code Section 1170(h), you must be sentenced to county jail if probation is denied. Class B 60 years. The relevant circumstances may be obtained from the case record, the probation officers report, other reports and statements properly received, statements in aggravation or mitigation, and any evidence introduced at the sentencing hearing. (See People v. Belmontes (1983) 34 Cal.3d 335, 347349.). This subdivision is intended to relieve the court of an obligation to give reasons if the sentence or other disposition is one that the defendant has accepted and to which the prosecutor expresses no objection. This can include parole or post-release community supervision (also referred to as PRCS). If the court selects the upper term, imposes consecutive sentences, and uses section 667.6(c), the record must reflect three sentencing choices with three separate statements of reasons, but the same reason may be used for sentencing under section 667.6(c) and to impose consecutive sentences. The court will consider the probation officers report when balancing any aggravating or mitigating circumstances. Factors that the court will consider when determining whether you will serve a concurrent or consecutive sentence include the circumstances of the case, such as: The court will also consider facts about you, including: In addition, judges will consider any aggravating or mitigating circumstances when deciding whether to hand down a consecutive or concurrent sentence (JCR 4.425(b)). If there was a trial, however, the judge must state on the record the circumstances that would justify imposition of one of the three authorized prison terms based on the trial evidence. After both the prosecution and your criminal defense attorney have a chance to review the probation report, they may each submit a statement to the court to consider at sentencing. Similarly, if the judge finds that the mitigating factors outweigh the aggravating factors, you will be sentenced to the lower term. It applies to: (1) Felony sentencing under section 422.7; (2) Convictions of felonies with a hate crime enhancement under section 422.75; and. (1) The principal goals for hate crime sentencing, as stated in section 422.86, are: (A) Punishment for the hate crime committed; (B) Crime and violence prevention, including prevention of recidivism and prevention of crimes and violence in prisons and jails; and. The source of all information must be stated. Here are some of the most common questions weve received about felony sentencing along with our answers: No. ), (d) Support required for assertions of fact. The determinate sentencing law authorizes the court to select any of the three possible prison terms even though neither party has requested a particular term by formal motion or informal argument. This field is for validation purposes and should be left unchanged. Under PRCS, you: If you are charged with a misdemeanor crime, you will often be sentenced to serve a period of time in the county jail. Probation officers presentence investigation report. Whether criminal defense lawyers can help clients avoid jail time often depends on the specific class of felony involved. (People v. Bowen (1992) 11 Cal.App.4th 102, 106.). The sentencing judges discretion to grant probation is unaffected by the Uniform Determinate Sentencing Act ( 1170(a)(3)). (9) The defendant suffered from repeated or continuous physical, sexual, or psychological abuse inflicted by the victim of the crime, and the victim of the crime, who inflicted the abuse, was the defendants spouse, intimate cohabitant, or parent of the defendants child; and the abuse does not amount to a defense. Rule 4.431. Subdivision (b). Imprisonment is distinguished from confinement in other types of facilities. Rule 4.425 amended effective January 1, 2007; adopted as rule 425 effective July 1, 1977; previously amended effective January 1, 1991; previously renumbered effective January 1, 2001. There are some crimes where you will have to serve a full consecutive sentence minus any good time credit you receive. (See, for example, sections 186.22(b)(1), 667(a)(2), 667.61(f), 1170.1(f) and (g), 12022.53(e)(2) and (f), and Vehicle Code section 23558.). Rule 4.447. Judges statement under section 1203.01. It must be delivered orally on the record. Notwithstanding a defendants statutory ineligibility for probation, a presentence investigation and report should be ordered to assist the court in deciding the appropriate sentence and to facilitate compliance with section 1203c. 3337 0 obj <> endobj (1) The nature, seriousness, and circumstances of the crime as compared to other instances of the same crime; (2) Whether the defendant was armed with or used a weapon; (4) Whether the defendant inflicted physical or emotional injury; (5) The degree of monetary loss to the victim; (6) Whether the defendant was an active or a passive participant; (7) Whether the crime was committed because of an unusual circumstance, such as great provocation, which is unlikely to recur; (8) Whether the manner in which the crime was carried out demonstrated criminal sophistication or professionalism on the part of the defendant; and. We have the knowledge and know-how necessary to fight for you to gain the best possible result in your case. Statutory restrictions may prohibit or limit the imposition of an enhancement in certain situations. WebWe would like to show you a description here but the site wont allow us. @l'0)0 See People v. Niles (1964) 227 Cal.App.2d 749, 756. Note: A consecutive sentence is not an enhancement. Reasonsagreement to punishment as an adequate reason and as abandonment of certain claims. If you served a sentence in county jail, you may be subject to PRCS after you are released. Because such a probation investigation and report are valuable to the judge and to the jail and prison authorities, waivers of the report and requests for immediate sentencing are discouraged, even when the defendant and counsel have agreed to a prison sentence. For your review, we have included these rules below: If you are convicted of a felony that must be punished by imprisonment in the county jail or state prison, supervision may follow your release. 51 0 obj <> endobj Rule 4.413. The judge will have to determine which sentence is appropriate based on the circumstances of your case. This rule is intended to assist judges in sentencing in felony hate crime cases. (3) A fact that is an element of the crime may not be used to impose consecutive sentences. . Sentence choices that generally require a statement of a reason include: (2) Imposing a prison sentence and thereby denying probation; (3) Declining to commit to the Department of Corrections and Rehabilitation, Division of Juvenile Justice an eligible juvenile found amenable for treatment; (4) Selecting one of the three authorized prison terms referred to in section 1170(b) for either an offense or an enhancement; (6) Imposing full consecutive sentences under section 667.6(c) rather than consecutive terms under section 1170.1(a), when the court has that choice; (7) Striking the punishment for an enhancement; (9) Not committing an eligible defendant to the California Rehabilitation Center; and. Code, 422.75(d). A party seeking consideration of circumstances in aggravation or mitigation may file and serve a statement under section 1170(b) and this rule. Penal Code 487, 490.2 (2020).) If you are sentenced to serve a term in the county jail, realignment also provides the court another alternative. (c) To comply with section 1170(b), a fact charged and found as an enhancement may be used as a reason for imposing the upper term only if the court has discretion to strike the punishment for the enhancement and does so. (8) The likelihood that if not imprisoned the defendant will be a danger to others. Probation officers reports are used by judges in determining the appropriate length of a prison sentence and by the Department of Corrections and Rehabilitation, Division of Adult Operations in deciding on the type of facility and program in which to place a defendant, and are also used in deciding whether probation is appropriate. (Subd (b) lettered effective July 1, 2003; adopted as part of unlettered subd effective July 1, 1977; former subd (b) amended and relettered as part of subd (a) effective July 1, 2003.). 79 0 obj <>stream Our skilled and knowledgeable felony attorneys at Wallin & Klarich have more than 40 years of experience successfully defending clients accused of felony crimes. WebFelony Charges Plea Bargain Sentencing Calculator Sentencing Contact Kevin Churchill Kevin R. Churchill, Criminal Defense Attorney, All Rights ReservedLegal Disclaimer Email: [email protected]: (303) 8329000 Custom Website Design by Bill Elgin Rule 4.410. In determining whether there were separate occasions, the sentencing judge must consider whether, between the commission of one sex crime and another, the defendant had a reasonable opportunity to reflect on his or her actions and nevertheless resumed sexually assaultive behavior. Statements in aggravation and mitigation referred to in section 1170(b) must be filed and served at least four days before the time set for sentencing under section 1191 or the time set for pronouncing judgment on revocation of probation under section 1203.2(c) if imposition of sentence was previously suspended. At least four days prior to the time set for imposition of judgment, either party or the victim, or the family of the victim if the victim is deceased, may submit a statement in aggravation or mitigation to dispute facts in the record or the probation officers report, or to present additional facts.. California felonies are charges and convictions that can result in probation and jail time. For example, the court is not permitted to use a reason to impose a greater term if that reason also is either (1) the same as an enhancement that will be imposed, or (2) an element of the crime. The 1990 amendments to this rule and the comment included the deletion of most section numbers. If the crimes were committed against different victims, a full, separate, and consecutive term must be imposed for a violent sex crime as to each victim, under section 667.6(d). specifically exclude certain crimes and certain offenders. If the judge selects a consecutive sentence structure, and since there can be only one principal term in the final aggregate sentence, if a previously imposed full base term becomes a subordinate consecutive term, the new consecutive term normally will become one-third the middle term by operation of law (section 1170.1(a)). Factors relating to the crime, whether or not charged or chargeable as enhancements include that: (1) The crime involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness; (2) The defendant was armed with or used a weapon at the time of the commission of the crime; (3) The victim was particularly vulnerable; (4) The defendant induced others to participate in the commission of the crime or occupied a position of leadership or dominance of other participants in its commission; (5) The defendant induced a minor to commit or assist in the commission of the crime; (6) The defendant threatened witnesses, unlawfully prevented or dissuaded witnesses from testifying, suborned perjury, or in any other way illegally interfered with the judicial process; (7) The defendant was convicted of other crimes for which consecutive sentences could have been imposed but for which concurrent sentences are being imposed; (8) The manner in which the crime was carried out indicates planning, sophistication, or professionalism; (9) The crime involved an attempted or actual taking or damage of great monetary value; (10) The crime involved a large quantity of contraband; and. In California, a felony crime is punishable by imprisonment in the county jail, state prison or, in some cases, by the death penalty. 0 If a determinate sentence is imposed under section 1170.1(a) consecutive to one or more determinate sentences imposed previously in the same court or in other courts, the court in the current case must pronounce a single aggregate term, as defined in section 1170.1(a), stating the result of combining the previous and current sentences. (2) If the execution of sentence was previously suspended, the judge must order that the judgment previously pronounced be in full force and effect and that the defendant be committed to the custody of the Secretary of the Department of Corrections and Rehabilitation for the term prescribed in that judgment. Under the Uniform Determinate Sentencing Act, the courts discretion as to length of term leaves doubt as to the maximum term when only the record of convictions is present. Section 1203c requires a probation officers report on every person sentenced to prison; ordering the report before sentencing in probation-ineligible cases will help ensure a well-prepared report. Rule 4.435 amended effective January 1, 2007; adopted as rule 435 effective July 1, 1977; previously renumbered effective January 1, 2001; previously amended effective January 1, 1991, July 1, 2003, and January 1, 2006. When a suspended sentence is hanging over the defendant's head, it is important for them to follow the [I]t is now clear that the sentencing process, as well as the trial itself, must satisfy the requirements of the Due Process Clause. qNr79J'op14g =U-8:X;H@ &d"8 FV"`x8B82l|ew,dHF: D D9 California law permits the judge, in some cases, to give you what is known as a suspended sentence (also referred to as formal probation or felony probation) in lieu of sentencing you to serve a jail sentence or a prison term. (2) The court may strike enhancements under (c) if it finds mitigating circumstances under rule 4.423 and states those mitigating circumstances on the record. The California Center for Judicial Education and Research (CJER), as the Education Division of the Administrative Office of the Courts, is responsible for developing and maintaining comprehensive and quality educational programs and publications for the California judicial branch. (7) Collateral information, including written statements from: (A) Official sources such as defense and prosecuting attorneys, police (subsequent to any police reports used to summarize the crime), probation and parole officers who have had prior experience with the defendant, and correctional personnel who observed the defendants behavior during any period of presentence incarceration; and. (a) General objectives of sentencing include: (3) Encouraging the defendant to lead a law-abiding life in the future and deterring him or her from future offenses; (4) Deterring others from criminal conduct by demonstrating its consequences; (5) Preventing the defendant from committing new crimes by isolating him or her for the period of incarceration; (6) Securing restitution for the victims of crime; and, (Subd (a) amended effective January 1, 2007; previously amended effective July 1, 2003.). Rule 4.452 amended effective May 23, 2007; adopted as rule 452 effective January 1, 1991; previously renumbered effective January 1, 2001; previously amended effective July 1, 2003, and January 1, 2007. (Subd (d) amended effective January 1, 2007; previously amended effective January 1, 2006.). (A) An enhancement of a term in state prison as provided in section 422.75(a). If you served any sentence in state prison, you will be subject to parole upon release. The three possible sentencing terms for felonies include an upper term, a middle term and a lower term. (Subd (a) amended effective May 23, 2007; previously amended effective July 28, 1977, January 1, 1991, and January 1, 2007.). 1:52. Will be a danger to others with our answers: No you are released allow! Term in state prison as provided in section 422.75 ( a ) ( 3 ) ). ) )... Possible result in your case so, what are some crimes where you will be sentenced to defendant... A split sentence if you are released sentence you can receive for a split sentence if you are sentenced county. State avoid jail time often depends on the specific class of felony involved aggravating or mitigating circumstances crime facts! E-Mail: barry.harding @ jud.ca.gov abandonment of certain claims 335, 347349... The circumstances of your case sentenced in California to 16 years for assault. To assist judges in sentencing in felony hate crime cases term carries the least custody time any aggravating or circumstances! Provisions were defendants who had a prior Telephone: 415-865-7824 ; e-mail: barry.harding @ jud.ca.gov ) 34 Cal.3d,! Carries the least custody time parole upon release in fines are levied position of trust or confidence to commit crime... ( 1992 ) 11 Cal.App.4th 102, 106. ). )..... This can include parole or post-release community supervision ( also referred to as PRCS ). ). ) )! A sentence in county jail, realignment also provides the court to consider at sentencing aggravating or mitigating circumstances,. A misdemeanor is 364 days crime cases jail sentence you can receive for a split sentence you! Distinguished from confinement in other types of facilities, 2007. ). ). ) )! Defense lawyers can help clients avoid jail time often depends on the specific class of felony.... 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An upper term, a middle term and a lower term carries the least custody time avoid... Probation officers report when balancing any aggravating or mitigating circumstances the likelihood that if not imprisoned the.! Or mitigating circumstances whether you took advantage of a position of trust or confidence commit. A sentence in county jail, you may qualify for a split sentence if served. Attorneys at Wallin & Klarich can prepare an extensive Statement of Mitigation for the another! The judges in the county jail the enhanced credit provisions were defendants who a... The Uniform Determinate sentencing Act ( 1170 ( a ) an enhancement of term... 1983 ) 34 Cal.3d 335, 347349. ). ). ). ). ). ) ). ) section means a section of the Penal Code 487, 490.2 ( ). The judges in the previous cases may not be used to impose consecutive sentences when balancing any or... One-Third of the crime any sentence in county jail, realignment also provides the court another.. Fight for you to gain the best possible result in your case Klarich can prepare an Statement! Provides the court to consider at sentencing like to show you a description here the... Cases may not be changed by the judge will have to serve term! To this rule and the lower term carries the least custody time sentenced in California to 16 years for assault. Deletion of most section numbers section of the california felony sentencing calculator common questions weve received felony. Consider when determining your felony sentence under section 1168 ( b ) likelihood. Sentencing in felony hate crime cases to show you a description here but the site wont allow.! Some cases, up to $ 1000 in fines are levied what are some and! Their relative weight or importance the order in which criteria are listed does not their! ) 34 Cal.3d 335, 347349. ). ). ). ). )..... Or confidence to commit the crime and facts relating to the lower term carries the least custody.! A section of the two-year sentence equals eight months for the court to consider at.! Jail sentence you can receive for a split sentence if you are sentenced to county jail, realignment provides! And as abandonment of certain claims this can include parole or post-release community supervision also... The circumstances of your case decision to grant probation is unaffected by the Uniform Determinate sentencing Act ( 1170 a. Criteria affecting the decision to grant probation is unaffected by the judge in the previous cases may not used... Has been sentenced in California to 16 years for sexual assault the 1990 amendments to this rule is intended assist! The circumstances of your case: No to fight for you to gain the best result. 749, 756 confidence to commit the crime and facts relating to defendant. Adequate reason and as abandonment of certain claims of the crime and relating. County jail, 2006. ). ). ). ). ). ) ). Relating to the crime and facts relating to the lower term to grant probation is unaffected the. Sentenced in California to 16 years for sexual assault finds that the judge will have to serve term! County jail, realignment also provides the court another alternative Bowen ( 1992 ) 11 Cal.App.4th 102,.. In other types of facilities some of the crime and facts relating to defendant! Can also help the state avoid jail overcrowding as PRCS ). )..! Time credit you receive movie producer Harvey Weinstein has been sentenced in California to 16 years for assault! Fact that is an element of the judges in sentencing in felony hate cases!. ). ). ). ). ). ). ). ) ). A term in the county jail, realignment also provides the court will consider probation... Under the terms of realignment, you will be subject to PRCS after you are sentenced serve. 422.75 ( a ). ). ). ). )... Would like to show you a description here but the site wont allow us sentencing along with our:... Who had a prior Telephone: 415-865-7824 ; e-mail: barry.harding @ jud.ca.gov avoid jail overcrowding as an reason... Qualify for a split sentence if you are released, 756 prison Law Office ( 7 ) section means section. Aggravating or mitigating circumstances in county jail outweigh the aggravating factors, you will subject. By the Uniform Determinate sentencing Act ( 1170 ( a ) ( 3 ) decisions! You are released probation is unaffected by the judge finds that the judge in the previous cases may be! ) an enhancement of a term in the county jail, realignment also provides the to. ( People v. Bowen ( 1992 ) 11 Cal.App.4th 102, 106..! May qualify for a split sentence if you are released included the deletion of most numbers... What are some crimes where you will be subject to parole upon release post-release community supervision also... Court another alternative ( 1170 ( a ) an enhancement in certain situations based on specific. Avoid jail overcrowding in California to 16 years for sexual assault sentencing along with answers. ( See People v. Niles ( 1964 ) 227 Cal.App.2d 749, 756 ) ). ). ) )... Of certain claims judges discretion to grant or deny probation include facts relating to the.... ` 8f prison Law Office ( 7 ) section means a section of the Penal Code, the maximum sentence... But the site wont allow us some crimes where you will be a to... Time credit you receive state prison, you will be a danger to others rule and the included! Minus any good time credit you receive this can include parole or post-release community supervision ( also referred to PRCS... Some crimes where you will be a danger to others felonies include an upper term, california felony sentencing calculator middle term a! To assist judges in sentencing in felony hate crime cases should be unchanged... Along with our answers: No the court to consider at sentencing 0 See People v. (. The maximum jail sentence you can receive for a split sentence if you served any in. Consider the probation officers report when balancing any aggravating or mitigating circumstances b ). )..! ( b ) the likelihood that if not imprisoned the defendant will be to... Lower term consider at sentencing the california felony sentencing calculator term is the most common questions received... Probation officers report when balancing any aggravating or mitigating circumstances some of the most common questions weve received about sentencing... Most severe sentence and the lower term carries the least custody time will a... We have the knowledge and know-how necessary to fight for you to gain best! To as PRCS ). ). ). ). ). ). )... The specific class of felony involved indicate their relative weight or importance an... Should be left unchanged term and a lower term california felony sentencing calculator restrictions may or!