Rizio and Nelson California Law Blog

Most felonies are punished under a determinate sentencing program. Determinate sentencing provides three potential terms of imprisonment in a state prison: a low, middle, and high term. It is generally assumed that the middle term is the appropriate sentence unless the court makes determinations on the record that justify the higher or lower term accordingly. Making a determination on the record means that the finding is stated in open court. In cases involving a crime classified as a felony, but the statute does not provide a specific sentencing range, then it can be punishable by imprisonment in the state prison for 16 months, 2 years or 3 years plus any applicable enhancements.

The following are examples of aggravating circumstances that may be used to enhance a sentence:

1) The crime involved an incidence of great violence, bodily harm, or threat of bodily harm;

2) The defendant was armed with or made use of a weapon during the commission of the crime;

3) The victim was particularly vulnerable (i.e. children, elderly, disabled, pregnant, etc…);

Conversely, there may also be mitigating factors that alleviate punishment. The following are frequently seen examples of mitigating factors:

1) The defendant was a passive participant or played a minor role in the commission of the crime;

2) The crime was committed because of an unusual or dire circumstance, such as great provocation;

3) The defendant participated in the crime under circumstances of coercion or duress, or the criminal conduct was partially excusable for some other reason not amounting to a defense (for example, the defendant stole food items to feed family members).

If you have been charged with a felony, contact a skilled defense attorney at the law offices of Rizio and Nelson immediately. Do not try to navigate this difficult process without help!