California law provides a minimum sentence for each crime.
In the not-too-distant past, Californians who were convicted of crimes were left to the judge’s mercy. The court would evaluate the facts of the case and the personal characteristics of the defendant, and determine a sentence based on his or her judgment. This changed in 1977, when California moved away from what was known as indeterminate sentencing and into what is known as mandatory minimums.
Starting in 1977, the California legislature set punishments for crimes on a case-by-case basis. This was done to achieve the primary purpose of sentencing: to achieve public safety through punishment, rehabilitation, and restorative justice. According to the California Penal Code, incarceration should be proportionate to the seriousness of the offense. In addition, sentences should be uniform, so that one person who commits a certain crime should receive the same sentence as another person who commits the same crime under similar circumstances.
Infractions are the least serious type of crime under California law. According to a Rancho Cucamonga criminal defense attorney, anyone charged with an infraction cannot be imprisoned and is not entitled to a trial by jury. The maximum punishment for an infraction is a fine that cannot exceed $250.00.
Misdemeanors are more serious offenses, but considered less severe than felonies. A crime may be a misdemeanor if:
- A punishment other than imprisonment in county jail or state prison is imposed;
- The defendant is committed to the Division of Juvenile Justice;
- The defendant is granted probation without the imposition of a sentence;
- The prosecutor files a complaint noting that the offense should be a misdemeanor; or
- The magistrate determines that the offense should be a misdemeanor.
Under California law, a misdemeanor is punishable by up to 364 days in county jail.
Felonies are the most serious offenses under California law. According to a Rancho Cucamonga criminal defense attorney, California lawmakers have set three separate terms that someone can be punished with if convicted of a felony (other than life in prison): high-term, mid-term, or low-term sentence. Each type of felony, such a serious felonies and violent felonies, has a different set of term sentences. In California, judges determine which specific sentence to choose, rather than choosing a term range. In cases where the legislature has not set a punishment for a specific felony, a defendant may be sentenced to 16 to 36 months in state prison.
California law has a provision for what is known as “wobbler” offenses, which are crimes that may be charged as either a misdemeanor or a felony depending on the facts of the case and the criminal history of the defendant. A significant percentage of California crimes are “wobblers,” so it is all the more important to have a skillful Rancho Cucamonga criminal defense attorney who can make an argument for a crime to be charged as a misdemeanor rather than a felony.
Finally, California has what is known as the Three Strikes Law. Under this law, anyone convicted of any felony after being convicted of at least 2 serious or violent felony crimes can be sentenced to state prison for a term of 25 years to life.
The Chambers Law Firm includes legal professionals who have experience as prosecutors and police professionals. We know the system, and we put our knowledge to work for you. Contact us today at 714-760-4088 or dchambers@clfca.com to learn more about how we can help you. Initial consultations are always free.
