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Determinate felony sentencing in California

If you are facing felony charges in California, there are some things that you should know. The California justice system takes felonies very seriously, and can make your life very difficult if you are convicted of one - and extremely difficult if you are convicted of a second or third felony later on.

How are sentences determined for felonies in California?
California makes use of a determinate sentencing system, where prison terms are decided by a judge who must select a term from an approved range that applies to the defendant's crime. The judge can give defendants a prison term on the low end of the range, an average term, or they can chose a term on the high end of the range.

For example, carjacking is a felony that can be punished with a jail sentence of 36 months (low end), 60 months (average), or 108 months (high end). If a defendant is found guilty of a carjacking, the judge will take all factors of the case into consideration when deciding a sentence. A very serious carjacking case could result in the maximum 108 months (that's 9 years), while a less-serious case involving a first-time offender with no criminal history may result in a low end 36 month (3 year) sentence.

Examples of determinate sentences for felony crimes in California (low, average, and high jail terms listed in parenthesis, in months):

• Vehicular manslaughter, with drugs or alcohol with gross negligence (48, 72, 120)
• Voluntary manslaughter (36, 72, 132)
• Involuntary manslaughter (24, 36, 48)
• Vehicular manslaughter without drugs or alcohol but with gross negligence (24, 48, 72)
• Vehicular manslaughter with drugs or alcohol but without gross negligence (16, 24, 48)
• Kidnapping (36, 60, 96)
• Kidnapping victim under 14 years old (60, 96, 132)
• Burglary first degree (24, 48, 72)
• Burglary second degree (16, 24, 36)
• Receiving stolen property (16, 24, 36)

As you can see, the difference between a low end sentence and a high end sentence is pretty drastic in some cases. Because sentencing is so variable and depends on so many different factors, it is vitally important that defendants find an experienced and knowledgeable lawyer to handle their case. Ideally, you want a sophisticated criminal defense attorney who will thoroughly investigate the facts in your case, accurately assess your situation, use their skill and negotiating powers to fight for your innocence or to lessen the charges against you, and ensure that you receive a fair and accurate sentence.

To get help with a violent crime or felony case in Santa Barbara or Ventura County, please contact the Ventura based law offices of Bamieh & Erickson.

The Law Offices of Bamieh & Erickson, PLC

692 East Thompson Boulevard

Ventura, CA 93001-2829

(805) 643-5555

Bamieh & Erickson represent clients in Ventura and Santa Barbara Counties, including:

Ventura, Oxnard, Camarillo, Thousand Oaks, Newbury Park, West Lakes, Simi Valley, Fillmore, Ojai, Santa Paula; Santa Barbara, Goleta

Free Consultation