How Does a Past Conviction Impact Sentencing for a New Crime?

In all states, but especially California, having a past conviction can seriously impact sentencing for a new crime. With strict sentencing guidelines and the Three Strike Law, having a criminal history will result in enhanced penalties for any defendant found guilty. If you were arrested in CA, work with a Red Bluff criminal lawyer for experienced representation and legal advice during your case.

Sentencing Guidelines in California

Each state has sentencing guidelines that outline a minimum and maximum amount of jail or prison time that an individual can be sentenced to if they are found guilty of that offense. California’s sentencing guidelines operate differently than other states. For a misdemeanor defendants can be sentenced to up to 6 months in jail but may avoid serving any time. A gross or aggravated misdemeanor can result in up to 364 days in jail. However, felonies are different.

Each type of felony offense has its own three possible sentencing terms including a lower, middle, and upper term. For example, if a defendant is convicted of rape they may be sentenced to 3, 6, or 8 years in prison. The length of each term varies depending on the crime.

If the statute does not specify a range for penalties the sentencing terms default to 16 months, 2 years, and three years.

How Does a Past Conviction Impact Sentencing for a New Crime?

A court will consider many factors when determining the penalties to impose on a guilty defendant, especially the defendant’s criminal history. The sentencing guidelines help judges determine an appropriate sentence for a defendant based on the specific details of their offense and situation. If the defendant has one or more past convictions a judge will likely decide to issue a middle or upper term as opposed to a lower term. Past convictions act as evidence that the defendant cannot be rehabilitated or does not learn from their mistakes. Previous behavior is often a good indicator of future behavior.

What is California’s Three Strike Rule?

California’s Three Strikes and You’re Out Law went into effect in 1994. Under this law, an individual who has previously been convicted of one or more serious or violent felonies will receive a significantly enhanced penalty for a new conviction.

According to this rule anyone who receives a second “strike” must go to prison and cannot be sent to rehab or placed on probation instead. They must serve 80% of their sentence before there is a chance of being released. After a third strike, the defendant is sentenced to a minimum of 25 years to life in prison and is required to serve at least 25 years.

Having a prior conviction, especially a felony conviction, in California can seriously impact the outcome of sentencing for a new crime. If you are facing criminal charges reach out to an experienced attorney today for more information and legal advice.