California Criminal Sentencing Guidelines

If you plead guilty or no contest to a criminal offense in California or if a jury finds you guilty at trial, you will be sentenced to some punishment by the court. Depending on the circumstances of your case, this punishment may include jail time, fines, probation, and other life-changing penalties, which can make the sentencing stage of the criminal process excruciatingly stressful.

Still, the court’s decision is not necessarily the be-all and end-all of a criminal case. Defendants have the right to appeal the criminal conviction or sentence if they believe a legal error was made during trial that affected the outcome of their case. By filing an appeal, you are asking a higher court, known as an appellate court, to review the trial court’s decision.

Key Takeaways

After being convicted of a crime at trial, you will appear at a sentencing hearing, where the judge will decide what penalties or punishments you will face for the offense.

Misdemeanors in California are punishable by up to one year in county jail, while felonies are punishable by incarceration in a state prison.

The state of California has created legal guidelines, called sentencing guidelines, to help judges decide the appropriate sentence in criminal cases.

If you believe a mistake of law or legal procedure affected the outcome of your case, you may be able to seek relief by filing an appeal.

What Happens After a Criminal Trial?

After being convicted of a crime at trial, you will appear at a hearing where the judge will decide what penalties or punishments you will face for the offense. This is called sentencing. If you plead guilty or no contest as part of a plea agreement, the judge will most likely impose the sentence to which you and the prosecutor agreed. If there was no plea agreement, the judge must decide the most suitable sentence for the crime.

California Criminal Sentencing

When deciding on a sentence, the judge will take into consideration the specific facts of the case, California’s criminal sentencing guidelines, and other sentencing laws. Both the defense and prosecution have a right to assert the sentence they think the judge should impose at a sentencing hearing. Depending on the charge, a sentence may include incarceration, fines, probation, community service, or any number of other penalties. Under California law, misdemeanor offenses are punishable by up to one year in county jail, plus applicable fines and other potential penalties, while felonies are punishable by incarceration in a state prison.

Sentencing Guidelines

Although the judge in your case has some discretion when deciding what penalties you will face, the state of California has created legal guidelines, called sentencing guidelines, to help judges decide on a sentence. The recommended sentence for a crime in California varies depending on several different factors, including the nature of the crime, whether the crime was committed using a weapon or force, and the existence of any prior convictions. Certain serious felony crimes carry a “mandatory” minimum sentence that the judge must adhere to during sentencing.

Criminal Appeals in California

Sentencing is typically the final phase of a California criminal case. In some cases, however, the defendant may want to appeal either the conviction or the sentence handed down by the court. Remember that an appeal is not a new criminal trial; the appellate court will simply review the trial court record, including the evidence and testimony presented at trial, and determine whether the law was followed.

Can Criminal Cases be Appealed?

Yes, criminal cases can be appealed, but only if there is a valid reason for the defendant to appeal. For example, you may claim that there was not enough evidence presented at trial to justify the verdict or judgment (no substantial evidence) or that a mistake of law or legal procedure was made before or during the trial that damaged your case (prejudicial error). There is a strict process that must be followed when filing an appeal in California. If you fail to follow the protocol, you could risk losing your right to appeal.

How to File an Appeal

Step 1: File a Notice of Appeal

The first step in appealing a criminal conviction or sentence is filing a Notice of Appeal with the court where your trial was heard.

Step 2: Obtain Transcripts from the Court

These transcripts include a clerk’s transcript and a reporter’s transcript and contain all pertinent information presented at your trial.

Step 3: Submit Briefs

The appellant (the defendant bringing the appeal) and the respondent (the prosecution) each submit written briefs summarizing the case and arguing their respective side, i.e. that the trial court proceedings did not or did follow the law.

Step 4: Present Oral Arguments

If oral arguments are permitted, the attorneys for both sides will appear before a panel of three judges and argue in person.

Step 5: Receive the Appellate Court’s Decision

The panel of judges will review the case, discuss the issues presented by both sides, and vote. At least two judges must vote the same way to reach a decision (or majority decision). The court will then deliver its decision in a written “opinion.”

Step 6: File a Petition for Rehearing or Review

If the appellate court decides in your favor, the court may reverse the conviction or send your case back to the trial court for a new trial or modified sentence. If the decision is not in your favor, you can ask the court to reconsider its decision or you can ask the California Supreme Court to review your case.

California Criminal Appeal Timeline

The timeline for filing a criminal appeal in California depends on the case. For a misdemeanor offense, you have only 30 days from the date of the judgment or order to file your Notice of Appeal. For a felony offense, the deadline is 60 days from the date of the judgment or order.

Free San Diego Criminal Sentencing Consultation

Sentencing in California criminal cases can be complex. The judge determines the appropriate sentence for a criminal offense based on factors such as the severity of the offense, prior convictions, and the use of weapons or force. For expert legal help navigating your criminal case, schedule a free consultation with our seasoned San Diego criminal defense lawyers at Sevens Legal. With over 50 years of combined expertise and success in litigation, our experienced criminal defense lawyers can provide you with the highest quality legal representation and ensure that you know what to expect when faced with a criminal charge.

How to Contact Our Criminal Defense Attorneys

There are many potential outcomes of a criminal trial in California. By seeking qualified legal help, you can achieve the best possible outcome in your case. You can reach our skilled San Diego criminal lawyers at Sevens Legal by calling (619) 430-2355 today.