Criminal Sentencing in Orange County
Sentencing is the final phase of a criminal trial. It is the time when the punishment is given to the individual convicted of a crime. In the event the defendant pleads guilty at their arraignment, then there will be no trial and they usually receive their sentence at that time. If the criminal trial returns a guilty verdict, then the defendant may be sentenced immediately or within a reasonable time after the trial.
If a jury trial, the verdict will come from the jury. If no jury trial, meaning only the judge heard and decided the case, then the verdict will  come from the judge. In either circumstance the sentence is ordered by the judge based on the verdict. The sentence is within the possible punishments set by California state law or federal law if the conviction is for a federal crime.
Typically sentences are at the judge’s discretion. However, some criminal charges may require a minimum sentence. The court may review a pre-sentence report from the Probation Department to aid the court in deciding the appropriate sentence for the defendant. A pre-sentence report is written by the Probation Department for all felonies and some misdemeanors.
The purpose of a pre-sentence report is to summarize the crime as well as the defendant’s personal and criminal history. If the crime involved a victim, they will be informed of the case’s disposition and asked to give an impact statement. The pre-sentence report concludes with a recommended sentence from the probation officer.
Defendants who are first offenders without a felony record may be entitled to a probation or pre-sentence report by a probation officer based on background information and circumstances of the crime, often resulting in a recommendation as to probation and amount of punishment.
The sentence includes all fines, community service, restitution (paying the victim), or other punishment, or terms of probation. Usually, the defendant is ordered by the court to complete one or more of the following:
- Pay a Fine
- Incarceration
- Cal Trans (California Department of Transportation)
- Community Service
- Counseling, Awareness Classes, Treatment Programs
- Restitution to the Victim (Ordered in all Cases where Appropriate)
- Donations to the Victim/Witness Emergency Fund
- Informal or Formal Probation, and Other Terms and Conditions of Probation
- The court may also issue "Stay-Away" orders, which are when the court orders the defendant to have absolutely no contact with certain individuals and locations.
For Misdemeanors:
- Jail Time is One Year or Less
- The Fine is $1,000 or Less
- Jail time is served in the county jail as opposed to a federal prison. However, the jail term may be served as house arrest or weekends in a private jail instead of the county jail.
- The sentence will include probation. The court may give probation with or without jail time. No jail time is usually for less severe offenses.
For Felonies:
- Jail Time is More than One Year
- The Fine is Greater than $1,000
- Jail time is served in a federal prison. There is no other option. If the defendant receives a jail term as part of their sentence, it will be served in a federal prison.
- The sentence will include probation. The court may give probation with or without jail time. No jail time is usually for less severe offenses.
Felony sentences (punishments) are determined under a sentencing scheme. The sentencing scheme has three possible terms of imprisonment, which are low, middle, and high. No matter the length, the defendant will carry it out in a federal prison as opposed to the county jail. Usually the middle term is assumed the appropriate sentence unless the court states in open court for the record any findings that justify the higher or lower incarceration period.
In the event a crime is classified as a felony, but there is no specific sentencing range in the statue then the state prison time can be 16 months, 2 or 3 years plus any enhancements. Enhancements are circumstances surrounding the crime that allow increased punishment. Below are some examples of aggravating conditions that may be used to enhance a sentence:
- There was great violence, great bodily harm or threat of great bodily harm involved in the crime.
- Defendant was armed with or used a weapon at the time they committed the crime.
- The victim was especially vulnerable.
Just as there are circumstances that can increase a defendant’s punishment there are circumstances that can cause a defendant’s punishment to be reduced. Below are some examples of conditions that may justify alleviating punishment:
- Defendant had a minor role or was a passive participant in the crime.
- There were unusual circumstances that let to the crime, such as great provocation.
- Defendant was under duress or coercion when they took part in the crime or their criminal conduct was partially excusable for some reason that did not amount as a defense.
At Coffey & Coffey we are experienced criminal defense attorneys who are well versed in defending our clients. If you are facing any criminal charges, call our office immediately. Whether a misdemeanor or felony charge, it is important to start developing a defense strategy. Do not delay, call our office immediately. It could be the difference between going to jail or prison and staying out. You, your rights, and your freedom are important to us. We will use all avenues possible to defend you as well as protect your rights and your freedoms. Even a conviction for a misdemeanor will leave you with a permanent criminal record, which could have a detrimental effect on the rest of your life. Any criminal record could impact your current job as well as any future employment. It could also affect areas of employment you may want to enter such as legal profession. It may also impact your ability to secure a loan for a home or car or any other purchase. Do not leave your fate in the hands of the prosecution. Put your fate in the knowledgeable hands of Coffey & Coffey.
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