How do judges determine sentences for convicted offenders in the State of California? If you are convicted of a crime in Southern California, you must be represented by a Los Angeles criminal defense attorney who will advocate aggressively on your behalf for lenient sentencing.
If you are charged with a crime, you must have a lawyer’s help immediately. While the goal of your Los Angeles criminal defense lawyer is to avoid your conviction, sometimes your best defense is for your lawyer to argue that you should receive the lightest possible sentence.
How are sentences determined in criminal cases in California? What factors do judges in this state take into account? How much discretion does a judge in California have when it comes to sentencing a convicted criminal offender?
When the law requires a specific sentence for a criminal conviction and gives the judge little or no say about the sentence, it’s called “determinate” sentencing. “Indeterminate” sentencing provides a range of penalties and gives a judge the freedom to order a sentence within that range.
The sentencing process in California criminal cases is the same whether a defendant enters a guilty plea or is found guilty by a trial jury. A judge imposes a sentence with an order that is called a “judgment.”
Sentences are not imposed immediately after a conviction. Both the prosecution and the defense may request a sentencing hearing, where each side argues for or against a reduced or alternative sentence. A prosecutor may even argue for a sentence that is harsher than the standard penalties.
A sentencing hearing in California is similar to a trial, except that a defendant has fewer rights after a conviction. This means that the rules of evidence are looser in a sentencing hearing, and evidence that was not available for the trial may be introduced.
This often happens in DUI cases, for example. Prosecutors may not mention a defendant’s prior DUI convictions during a trial, but these convictions are admissible in a sentencing hearing. The rules judges must follow depend on whether the charge is a felony or a misdemeanor.
Most misdemeanor convictions require indeterminate sentences, but felony convictions in California typically offer three possible determined sentences known as low, mid, and high terms.
In California felony cases, a judge may select any of the three terms or options, although the usual sentence in felony cases is the mid-term sentence. Judges must write judgment orders that provide the reasoning behind their sentencing choices.
Judges in California may consider aggravating and mitigating circumstances during their decision-making process. The factors that a judge may take into account include but are not limited to:
A prior conviction, a strike under the three-strikes law, and enhancement penalties written into specific laws are automatically considered aggravating circumstances. A judge has the discretion to disregard these factors but must provide written reasons if these factors are disregarded.
When someone is convicted of two or more crimes, a judge must determine if the sentences are to be served consecutively or concurrently. With concurrent sentencing, the sentences are served simultaneously, reducing the offender’s time in jail or prison.
When a court orders consecutive sentencing, an offender must finish one sentence completely before beginning the next sentence. If an offender is sentenced to three five-year consecutive sentences, the result is fifteen total years in prison.
California law sets forth guidelines for judges who are making these decisions. If a defendant is convicted of different charges in different courts, the judge who rules last makes the decision about whether the sentences are served consecutively or concurrently.
However, under California law, unless a judge specifically orders consecutive sentences, multiple sentences will be served concurrently.
Convicted offenders have fewer rights in a California sentencing hearing than they had at trial, but these rights ensure that convicted offenders are treated fairly. An offender’s rights in a sentencing hearing include the right:
Even if you have been convicted of one or more criminal offenses, the right Los Angeles criminal defense lawyer can often make the difference between a severe sentence and a more lenient sentence.
And even when determinate sentencing is required, a judge usually retains substantial discretion regarding sentences. If you’ve been convicted, your Los Angeles criminal defense attorney will act to persuade the judge that reduced or alternative sentencing is appropriate in your own case.
But with so many criminal defense attorneys practicing in Southern California, how can you locate a defense attorney who will make your case a priority and fight aggressively and effectively on your behalf?
There is no need to conduct an extensive search for the right criminal defense lawyer. Attorney Brian Hurwitz at Hurwitz Law Group is an experienced, award-winning Southern California criminal defense attorney who will fight effectively for the justice you need.
If you are charged with a crime in Southern California, attorney Brian Hurwitz will review the evidence and develop an appropriate defense strategy. If the charge cannot be dropped or dismissed, he will negotiate for an acceptable plea bargain or argue at trial for your acquittal.
Our fees are affordable and we offer several payment options. We also provide confidential, no-cost telephone consultations to prospective clients. If you are charged with a crime in the Los Angeles area, now or in the future, contact Hurwitz Law Group at once by calling 323-767-0462.
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