If you are arrested in California for a serious felony, you may be facing a lengthy prison term. This is because California law gives judges wide latitude when imposing the punishment for these crimes. The sentence can be enhanced by various factors. Here are a few of them to consider:
Violent felony
Violent felons are crimes that result in bodily injury, and they can range from simple assault to murder. They also include aggravated sexual abuse. These types of offenses are categorized under the “Seven Deadly Sins” and carry a special set of penalties.
These are the most serious of crimes. They can be life-changing for those charged. They can disqualify you from applying for housing, jobs, loans, and even voting. They can even be considered a strike under the three-strikes law.
Whether or not you are convicted of a violent felony depends on a variety of factors. Your circumstances and your prior criminal record will influence the sentencing you receive. Fortunately, there are ways to minimize the damage of a criminal charge. A skilled criminal Defense Law in Athens GA attorney can make a difference in a violent felony case.
Capital or life felony
If you are charged with a serious felony, it’s in your best interest to seek legal counsel. The penalties are considerable, and hiring the right attorney can make the difference between a plea bargain and a guilty verdict.
If you are charged with a capital felony, you can expect to serve a long prison sentence. A life sentence is a possibility, and you may also receive the death penalty. However, these are rare cases.
In Florida, you can be charged with a capital felony if you are found guilty of a second degree felony. This includes things like selling a minor into human trafficking or committing a murder. A conviction of a first degree felony carries a sentence of up to 30 years in prison.
Misdemeanor
A felony is a crime that usually carries more serious penalties. These can include a jail term of a year or more, as well as a permanent criminal record. If you have been charged with a felony, you should consult an experienced Orange County felony attorney. If you are able to negotiate a less severe charge or a less costly fine, you can avoid the long term consequences of a felony.
Misdemeanors, on the other hand, are not as serious as felonies. They can be punished with fines, probation, or community service. Unlike felonies, misdemeanors do not require a trial. Instead, you will be sentenced after a judge determines that you have committed the crime.
Depending on the circumstances of your case, a misdemeanor may carry a penalty of no jail time or less than one year in county jail. In some cases, you may be ordered to complete a rehabilitation program.
SS 667(a)
Penal Code Section 667 is a California law that doubles the base sentence of a defendant who has been convicted of a felony with a prior felony strike. The enhancement is not added to any other charge, but it does come with the requisite requirement that the defendant serve consecutively on all counts. Depending on the number of strikes, the maximum penalty may be life imprisonment.
The Three Strikes Law originated in 1994, when the state legislature decided to implement a sentencing enhancement scheme. The scheme’s main aim was to ensure that felons with a number of previous convictions received a higher sentence. The scheme consists of a series of three statutes that rely on the same concept.
The first statute is SS 667, which entails the doubled base sentence of a defendant with a prior felony strike. The second statute, enacted under Proposition 184, outlines the other component of the Three Strikes Law. The third statute, enacted under the Voter’s Choice initiative, focuses on the types of offenses and refines them.
California sentencing enhancements
If you’ve been convicted of a serious felony in California, you might be surprised by how many sentence enhancements there are. Known as aggravating factors, these are additional circumstances that may increase the penalties for the crime.
The penalties are quite severe, as enhancements can double a prison term or even more. However, there are legal defenses you can use to counter these charges. You can contact a skilled California criminal defense attorney for assistance.
If you’re facing an enhanced sentence, you may not realize that you can file a petition to have the enhancements dismissed. You can do this by filing a writ of habeas corpus. You can also seek relief by raising sentencing enhancement issues on direct appeal in the California Court of Appeals.
Barry Lachey is a Professional Editor at Zobuz. Previously He has also worked for Moxly Sports and Network Resources “Joe Joe.” He is a graduate of the Kings College at the University of Thames Valley London. You can reach Barry via email or by phone.
