What Happens if the Judge Denies Probation? How Does the Judge Determine What Prison Sentence a Person Will Receive If They Have Been Convicted of a Felony?

Almost all California felonies are punishable by three possible sentences: the mitigated term, the middle term, and the aggravated term.

After balancing the mitigating and aggravating circumstances of the crime, the court determines the most appropriate sentence.  If the circumstances indicate that the crime committed was more dangerous or heinous than the usual circumstances of that crime, it will likely sentence the defendant to the aggravated term.  If the court reviews the circumstances and finds that it was less offensive than the usual commission of the crime, it will probably impose the mitigated term.  If the circumstances reflected the typical circumstances surrounding the crime, the court will likely choose the middle term.

For example, first degree burglary is punishable by two, four, or six years in state prison.  (PC 460(a).)  The mitigated term is two years, the middle term is four years, and the aggravated term is six years.  The court will select the sentence that is most consistent with the circumstances surrounding the defendant and the commission of the crime.

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.