Crimes That Require Jail Time in California

Criminal sentencing is the process by which a judge reviews certain information and decides on the sentence to impose on an individual who has been convicted of a crime. The sentence that a judge determines is correct in light of California law and the facts of the defendant’s offense and history is pronounced at a sentencing hearing. A California lawyer consultation would help an individual learn more about the criminal sentencing process.

How Are Sentences Determined in California?

Sentences in part depend on whether the offense of which a person is convicted is a misdemeanor or a felony criminal offense. Generally, the sentences for misdemeanors are less harsh than those that are given to people convicted of felonies. For certain felony convictions, a defendant can be sentenced to life in prison. A California lawyer would be able to help a person understand the difference between misdemeanors and felonies.

Misdemeanors in California are classified as follows:

• Standard Misdemeanors: These are crimes with jail time, as they can be punished by a maximum of 6 months in a county jail and payment of a fine of up to $1,000.
• Gross Misdemeanors: These can be punished by a maximum of 364 days in a county jail and payment of a fine of up to $1,000.
• Wobblers: Some criminal offenses in California may be charged as either misdemeanors or felonies, depending on the circumstances of the crime. If a person is charged with and convicted of a misdemeanor, they would be punished for a standard or gross misdemeanor offense. If a person is charged with and convicted of a felony, then they would be punished according to the felony sentencing guidelines.

Resisting arrest is a wobbler offense. It would be charged as a misdemeanor if the resistance is passive and non-violent. However, the offense would be charged as a felony if the resistance causes injury to a law enforcement officer. A minor scrape or bruise would qualify as injury as would more substantial physical harm.

It is important to understand if a person can be punished by a maximum of 364 days in jail, this means that they can be sentenced to any amount of time from 1 day to 364 days. If they can be sentenced to payment of a fine of up to $1,000, they can be sentenced to pay any amount from $1.00 to $1,000.

Some examples of misdemeanors in California are as follows:

• Simple Assault
• Vandalism
• Trespassing
• Prostitution
• Domestic Violence: There is no crime of domestic violence in California. Rather, there are several different offenses. The two that are most commonly used domestic violence charges are:
• Domestic Battery: This is always charged as a misdemeanor
• Corporal Injury on an Intimate Partner: This is a wobbler that can be charged as a felony or a misdemeanor depending on the circumstances of the offense.

California’s felony sentencing system, known as determinate sentencing, is the legal framework that specifies the sentences for felony criminal offenses. It is supposed to make sure that the punishment fits the crime. There are sentencing guidelines that tell a sentencing judge how to determine a sentence in a given case.

The determinate sentencing system provides a specified term of imprisonment for almost all felony convictions. The system can be used to calculate the length of a prison or county jail sentence under California law. The system is complex, because a judge must take various factors into account, e.g., base terms, the judge’s discretion, a defendant’s criminal history and mandatory additions based on the specific circumstances of the defendant’s crime.

Generally, the sentence for a felony conviction in California includes the following:

• Imprisonment: A term of imprisonment in a county jail or state prison, and/or
• Payment of a Fine: A fine of up to $10,000.

A judge also has the option of sentencing a defendant convicted of a felony to probation.

If a judge sentences a defendant convicted of felony to a term of imprisonment, they have three options as follows:

• A low term,
• A middle term, or
• A high term.

Some criminal statutes specify the 3 terms, i.e., how many years must be served under each and whether the term must be served in a county jail or a state prison. If a statute does not specify the length of time for imprisonment, the terms are 16 months, 2 years or 3 years.

Generally, a defendant receives the middle term, if they are sentenced to incarceration.

A defendant is only sentenced to the high term if there are aggravating factors, e.g., the defendant used a weapon or the crime involved “extreme violence.”

A defendant is sentenced to the low term when there are factors in mitigation of the crime. Mitigating factors are such facts as the defendant’s minimal participation in the crime. Another factor in mitigation is that the defendant has no criminal record, i.e., no record of previous criminal arrests or convictions.

The sentence for California felonies may include the payment of a fine. Again, the fine for a specific felony offense may be specified in the law that defines the crime. If it is not specified, a sentencing judge may sentence a defendant to payment of a maximum fine of $10,000.

A judge may sentence a defendant to payment of a fine or a term of incarceration or both.

It is important to keep in mind that a judge holds a sentencing hearing in court. Both the prosecution and defense attorneys are able to make their recommendations as to the sentence they think should be imposed. They are allowed to present their respective arguments regarding why their recommendation is the one that supports the most appropriate punishment.

What Is the Difference Between Jail and Prison?

Jails are facilities operated by agencies of county governments. They are not designed to house prisoners for longer than 1 year at most.

State prisons are operated by state government agencies; California state prisons are managed and operated by the state’s Department of Corrections and Rehabilitation.

Of course, as noted above, there is a separate federal prison system in which a criminal defendant can be incarcerated, if they are convicted of a federal crime.

In California, Is Determining Time to Serve Different for State and Federal Sentencing?

State and federal systems of criminal justice are separate. This is true in California as in every other state. There is a federal criminal code which defines federal criminal offenses. There is a separate federal court system in which local U.S. Attorneys’ offices prosecute federal criminal defendants. The Federal Rules of Criminal Procedure guide federal judges in determining sentences for defendants who are convicted of federal crimes.

In California, there is a state Penal Code that defines the conduct that constitutes criminal offenses in that state. There is a state court system in which local District Attorneys prosecute defendants who have been charged with a criminal offense based on California law. And, as noted above, judges consult the California sentencing guidelines for guidance in determining the sentence in a case.

There are certainly similarities between the two systems when it comes to sentencing. For example, a defendant who has no criminal record and whose criminal conduct did not generate aggravating factors would receive a less harsh sentence than a defendant who has a record and whose crime exhibited aggravating factors. But the guidelines used are different.

Do I Need a California Lawyer for Help With Criminal Sentencing?

If you have been convicted of a crime, whether it is a misdemeanor or a felony, you want to talk to a California criminal lawyer. Sentencing is a critical phase of the process of criminal prosecution. Having a knowledgeable lawyer on your side and presenting a strong case for a sentence that is as lenient as possible can make a difference and help you get the best outcome possible.