Felony Sentencing Overview

If you have been found guilty of a felony offense after a jury or court trial you will then be facing a sentencing hearing. In addition, in most cases if you have entered into a plea bargain and have entered a guilty of no contest plea to a felony offense you will be facing a sentencing hearing. It is critical that you are aware of the sentencing process in California so you can work with your experienced criminal defense law firm to help you receive the sentence that is most favorable to you.

Generally, criminal violations that allow imprisonment upon conviction are divided into two categories: misdemeanors and felonies.  Misdemeanors are defined as crimes that are punishable by incarceration in the county jail for not more than one year.  Felonies are crimes that are punishable by over a year in state prison, or the death penalty.

In California, for most felony convictions the judge will be asked to decide whether or not a person convicted of one or more felonies should be granted probation. If the court grants probation, the court will impose various terms of probation which can include an initial jail sentence of up to one year in county jail. See link to our discussion on relevant factors in granting or denying probation at [link to page What criteria must the court consider in deciding whether to grant probation after a felony conviction?

If the judge denies probation then the court will in most cases be asked to select between three possible prison sentences. These three options are referred to as the aggravated term, the mitigated term or the middle term.

In order to assist the court in its determination of whether to grant probation, or if denied, which prison sentence to impose the court will be guided in part by the probation report that is prepared by the probation officer in felony cases. However, in addition your criminal defense law firm will prepare a “statement in mitigation” explaining to the judge why you should receive probation, or if probation is denied why you should receive the “mitigated” or lowest prison sentence possible. The prosecution will often submit a “statement in aggravation” where in most cases he or she will ask for probation to be denied and for the defendant to be sentenced to the “aggravated” or most severe prison sentence.

If you have been convicted of a felony, you will need an experienced Southern California criminal defense lawyer to vigorously represent you during your sentencing hearing.  Having Wallin and Klarich fighting for you at your sentencing hearing could make the difference between you receiving a probationary sentence or being sent to state prison for many years.  At Wallin & Klarich, we have represented clients at sentencing hearings for over 30 years.  Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.