california felony sentencing calculator

jVJzcU^NVHY%xX #q!>Y] x[vwsM?[3Vm!dly( (3) Discretionary decisions of the judges in the previous cases may not be changed by the judge in the current case. WebA sentencing hearing is a court proceeding in which a judge imposes penalties upon a defendant who has been convicted of a crime.The hearing takes place after the defendant has pled guilty or no contest, or has been found guilty at a jury trial or bench trial. endstream endobj startxref WebGood Time Calculator Length of sentence Length of time the judge credited client for time-served Type of offense? Leg. U.S.C. If you or a loved one have been accused of a crime, now is the time to contact us. If the defendant is eligible for probation, the court must refer the matter to the probation officer for a presentence investigation and report. Rule 4.433. The penalties provided (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. WebCalifornia Felony. The relative significance of various criteria will vary from case to case. This subdivision is based on the fact that a defendant who, with the advice of counsel, expresses agreement to a specified prison term normally is acknowledging that the term is appropriate for his or her total course of conduct. Rule 4.428. The Legislature in SB 40 amended section 1170(b) but did not modify sections 1170.1(d), 12022.2(a), 12022.3(b), or any other section providing for an enhancement with three possible terms. So, how does a judge determine your felony sentence? Proceedings at sentencing to be reported. Selection of term of imprisonment. 1971) 448 F.2d 626 that due process is offended by sentencing on the basis of unsubstantiated allegations that were denied by the defendant. WebFelony Charges Plea Bargain Sentencing Calculator Sentencing Contact Kevin Churchill Kevin R. Churchill, Criminal Defense Attorney, All Rights ReservedLegal Disclaimer Email: info@colorado-criminal-defense-attorney.comPhone: (303) 8329000 Custom Website Design by Bill Elgin With a suspended sentence, the judge can impose a jail term but suspend sentencing to allow the defendant to serve probation instead of time behind bars. Under subdivision (b), when imposition of sentence is to be suspended, the sentencing judge is not to make any determinations as to possible length of a prison term on violation of probation (section 1170(b)). Rule 4.470 repealed effective January 1, 2013; adopted as rule 250 effective January 1, 1972; previously amended and renumbered as rule 470 effective January 1, 1991; previously renumbered effective January 1, 2001; previously amended effective July 1, 1972, January 1, 1977, and January 1, 2007. Rule 4.424 amended effective January 1, 2011; adopted as rule 424 effective January 1, 1991; previously renumbered effective January 1, 2001; previously amended effective January 1, 2007. Enumerations of criteria in these rules are not exclusive. You can receive up to 50 percent of good time credit, which means you will end up serving a sentence of one year for the grand theft conviction. (See People v. Felix (2000) 22 Cal.4th 651, 654657; People v. McGahuey (1981) 121 Cal.App.3d 524, 530532.). In other words, PRCS modifies which agency will supervise you upon your release from county jail. %PDF-1.6 % (a) When a defendant is sentenced under section 1170 and the sentence is to run consecutively to a sentence imposed under section 1168(b) in the same or another proceeding, the judgment must specify the determinate term imposed under section 1170 computed without reference to the indeterminate sentence, must order that the determinate term be served consecutively to the sentence under section 1168(b), and must identify the proceedings in which the indeterminate sentence was imposed. Under the indeterminate sentencing law, the receiving institution knew, as a matter of law from the record of the conviction, the maximum potential period of imprisonment for the crime of which the defendant was convicted. Additionally, the court should consider ordering payment or other compensation to programs that provide services to violent crime victims and reimbursement to the victim for reasonable costs of counseling and other reasonable expenses that the court finds are a direct result of the defendants actions. Under the terms of realignment, you may qualify for a split sentence if you are sentenced to county jail. (2) Base term is the determinate prison term selected from among the three possible terms prescribed by statute or the determinate prison term prescribed by law if a range of three possible terms is not prescribed. The upper term is the most severe sentence and the lower term carries the least custody time. The judge may choose to give reasons for the sentence even though not obligated to do so. (5) Information concerning the victim of the crime, including: (A) The victims statement or a summary thereof, if available; (B) The amount of the victims loss, and whether or not it is covered by insurance; and. WebUnless prohibited by law, felony offenders may be placed on probation in lieu of serving a felony sentence, such as a prison term. Commitments to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (formerly Youth Authority) cannot exceed the maximum possible incarceration in an adult institution for the same crime. If the preprobation conduct affects or nullifies a determination made at the time probation was granted, the preprobation conduct may properly be considered at sentencing following revocation and termination of probation. Judges should also be aware that there may be statutory limitations on plea bargaining or on the entry of a guilty plea on the condition that no more than a particular sentence will be imposed. 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. In California, felony sentences are divided into one of three terms, depending on the crimes severity: Low term Middle term High term NOTE: Los Angeles . PRCS also includes some benefits to you under supervised release. This is particularly true if a report is needed only for the Department of Corrections and Rehabilitation because the defendant has waived a report and agreed to a prison sentence. Whether you qualify for felony probation will depend on the court reviewing the following factors pertaining to your case: Realignment refers to the Criminal Justice Realignment Act of 2011, which made vast changes to the sentencing of persons convicted of felony offenses in the state of California. The judges duty is similar to the duty to consider the probation officers report. As you can see, the criminal justice system for felony offenses in California is extremely complex. 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). The following facts may indicate the existence of an unusual case in which probation may be granted if otherwise appropriate: (1) Facts relating to basis for limitation on probation. The Statement of Mitigation will also present information about any mitigating factors and why the judge, if he or she decides to deny probation, should impose a mitigated prison sentence. 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. Inmates housed in the facility can be viewed on the public jail roster. For instance, if your concurrent sentences carry a prison term of three and six years respectively, you will serve six years in prison (minus credits you receive for good behavior). Rule 4.412 amended effective January 1, 2007; adopted as rule 412 effective January 1, 1991; previously amended and renumbered effective January 1, 2001. The source of all such information must be stated. The sentencing rules do not apply to offenses carrying a life term or other indeterminate sentences for which sentence is imposed under section 1168(b). The statement must generally describe the evidence to be offered, including a description of any documents and the names and expected substance of the testimony of any witnesses. If you plead guilty to a felony in a California court, you will be sentenced according to the terms of your plea bargain. (a) When a sentence of imprisonment is imposed, or the execution of a sentence of imprisonment is ordered suspended, the sentencing judge must select the upper, middle, or lower term on each count for which the defendant has been convicted, as provided in section 1170(b) and these rules. Discussions of factors affecting suitability for probation and affecting the sentence length must refer to any sentencing rule directly relevant to the facts of the case, but no rule may be cited without a reasoned discussion of its relevance and relative importance. These changes recognize changing statutory section numbers and the fact that there are numerous additional code sections related to the rule, including numerous statutory enhancements enacted since the rule was originally adopted. (Subd (b) amended effective January 1, 2007; previously amended effective January 1, 1991, and July 1, 2003.). Criteria not exclusive; sequence not significant. (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.). 0 Whether you took advantage of a position of trust or confidence to commit the crime. Crimes in California are divided into three categories: Infractions, Misdemeanors, and Felonies. Rule 4.413. In In re Rodriguez the court released petitioner from further incarceration because [I]t appears that neither the circumstances of his offense nor his personal characteristics establish a danger to society sufficient to justify such a prolonged period of imprisonment. (Id. %%EOF Rule 4.401 amended effective January 1, 2007; adopted as rule 401 effective July 1, 1977; previously renumbered effective January 1, 2001. (6) Any relevant facts concerning the defendants social history, including those categories enumerated in section 1203.10, organized under appropriate subheadings, including, whenever applicable, Family, Education, Employment and income, Military, Medical/psychological, Record of substance abuse or lack thereof, and any other relevant subheadings. The answer is complex. Any other factors statutorily declared to be circumstances in aggravation. The report must be submitted to both the prosecution and your felony sentencing attorney at least nine days prior to the sentencing hearing so that both parties have an opportunity to review the report. For further information regarding this RFP, please contact Barry Harding, Education Division, Administrative Office of the Courts, 455 Golden Gate Avenue, San Francisco, California 94102-3688. (Subd (b) amended effective January 1, 2007; previously amended effective July 1, 2003.). Because of this open question, rule 4.428(b) was deleted. (See section 1170.1(a); People v. Tassell (1984) 36 Cal.3d 77, 90 [overruled on other grounds in People v. Ewoldt (1994) 7 Cal.4th 380, 401].). Both the nature of the offense and the nature of the offender come into play when the court considers punishment. (Pen. A fully consecutive sentence under section 667.6(c) is a sentence choice, which requires a statement of reasons. Former NFL running back Zac Stacy was sentenced to six months in prison for domestic violence, stemming from an attack on an ex-girlfriend. 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. Rule 4.480 amended effective January 1, 2007; adopted as section 12 of the Standards of Judicial Administration effective January 1, 1973; previously amended and renumbered effective January 1, 2001; previously amended effective July 1, 1978, July 1, 2003, and January 1, 2006. Prior record of criminal conduct, whether as an adult or a juvenile, including the recency and frequency of prior crimes, and whether the prior record indicates a pattern of regular or increasingly serious criminal conduct, Prior performance on probation or parole, and present probation or parole status, Willingness to comply with the terms of probation, Ability to comply with reasonable terms of probation as indicated by the your age, education, health, mental faculties, history of alcohol or other substance abuse, family background and ties, employment and military service history, and other relevant factors, The likely effect of imprisonment on you and your dependents, The adverse collateral consequences on your life resulting from the felony conviction, The likelihood that if not imprisoned you will be a danger to others, Have been convicted of a felony and have been denied probation, or, Have any prior convictions for serious or violent felonies or crimes that require sex offender registration, Whether your crimes were committed separately, Whether your crimes involved separate acts of violence or threats of violence, and, Whether your crimes were committed at different times or places, Any history of violent conduct that indicates a serious danger to society, Any prior convictions and the nature of those convictions, Whether you have served a prior prison term, Whether you were on probation or parole when the crime was committed, and, 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, You were armed with or used a weapon during the commission of the crime, You induced others to participate in the commission of the crime or occupied a position of leadership or dominance of other participants in the commission, You induced a minor to commit or assist in the commission of the crime, You threatened witnesses, unlawfully prevented or dissuaded witnesses from testifying, suborned perjury, or in any other way illegally interfered with the judicial process, You were convicted of other crimes for which consecutive sentences could have been imposed, but for which concurrent sentences are being imposed, The manner in which the crime was carried out indicates planning, sophistication or professionalism, The crime involved an attempted or actual taking or damage of great monetary value, The crime involved a large quantity of contraband, You took advantage of a position of trust or confidence to commit the offense, and, The crime constitutes a hate crime under California Penal Code Section 422.55 and no hate crime sentence enhancements (California Penal Code Section 422.75) are imposed, and the crime is not subject to sentencing under California Penal Code Section 1170.8, You engaged in violent conduct that indicates a serious danger to society, You have prior convictions as an adult or sustained petitions in juvenile delinquency proceedings of increasing seriousness, You were on probation or parole when the crime was committed, and, Your prior performance on probation or parole was unsatisfactory, You were a passive participant or played a minor role in the crime, The victim was an initiator of, willing participant in, or aggressor or provoker of the incident, The crime was committed because of an unusual circumstance, such as great provocation, that is unlikely to recur, You participated in the crime under circumstances of coercion or duress, or your criminal conduct was partially excusable for some other reason not amounting to a defense, You, with no apparent predisposition to do so, were induced by others to participate in the crime, You exercised caution to avoid harm to persons or damage to property, the amounts of money or property taken were deliberately small, or no harm was done or threatened against the victim, You believed that you had a claim or right to the property taken, or for other reasons mistakenly believed that your conduct was legal, You were motivated by a desire to provide necessities for your family or self, and. 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