In California, you will find that if you commit a crime, it is divided into one of three categories: Infractions, misdemeanors, and felonies. Infractions and misdemeanors are low-level crimes in many occasions, involving either a small fine or time in a county prison. However, felonies are some of the most serious crimes that are punishable by up to three years in county jail or state prison for life. In some occasions, they may even bring about the potential for the death penalty. Those who experience a felony crime may find that their life is forever changed by the felony.
When you are sentenced to a felony, the judge will give you three possible sentencing terms if you have been denied probation. These include upper, lower, or middle prison terms after taking a look at aggravating circumstances. When the judge takes a look at aggravating circumstances, these will typically involve a crime involving great violence or bodily harm, using a weapon during the crime, serving a prior prison term, or being on probation when the crime was committed.
Understanding “Fixed Sentencing”
Many states will use a set range of possible imprisonment sentences for a felony, such as three to five years. The judge will look at the circumstances and predict what works best for that specific case. However, in California, lawmakers always use the low, mid, and high-term sentencing to be fair to those who commit felony crimes in the state. These are some of the most serious crimes and the judge will conclude which is most deserved for that crime. For example, if you commit assault with a machine gun, you will see either a four, eight, or 12-year punishment.
If you have committed a serious felony in the state of California, you may need our help. We will help you defend your rights after you are charged with a felony crime. Call us today for more information.