Penal Code 1170(h) and Avoiding Prison Time on a Felony Conviction

Penal Code 1170(h) and Avoiding Prison Time on a Felony Conviction

Felony charges can lead to some pretty harsh punishments, including years behind bars in state prison. But California Penal Code section 1170(h) gives judges more options when sentencing someone convicted of certain felonies. This law allows for county jail time instead of prison for some crimes. It was part of Assembly Bill 109, the Public Safety Realignment Act, passed in 2011.

The goal was to reduce prison overcrowding by keeping some offenders closer to home. This law shifts responsibility from the state to individual counties for supervising some sentences. It gives judges a chance to better fit the punishment to the specific crime and person.

How Penal Code 1170(h) Works

If you’re convicted of a felony covered by PC 1170(h), the judge can suspend or split your sentence. This means you may serve only part of your term behind bars. The rest could be probation, house arrest, community service, rehab, or other alternatives.

For example, if you get a 16-month low term, the judge could order 8 months in county jail and 8 months probation. The jail time lets you pay your debt to society, while probation helps you transition back into the community.

Both suspended sentences and split sentences allow for different kinds of confinement. This maintains public safety while considering your circumstances. It also recognizes your potential for rehabilitation.

Criteria for Penal Code 1170(h) Sentencing

You must meet certain criteria to benefit from PC 1170(h) sentencing:

• No prior conviction for a serious or violent felony
• No prior conviction for certain sex crimes
• Current offense is a non-serious, non-violent felony
• Not required to register as a sex offender
• No injuries to victims under certain circumstances

There are many other eligible crimes too. For example, offenses like:

• Animal cruelty
• Welfare fraud
• Identity theft
• Receiving stolen property

Meeting the criteria doesn’t guarantee a suspended or split sentence. But it makes you eligible for prison alternatives under PC 1170(h).

Benefits of Penal Code 1170(h) Sentencing

There are several benefits to serving your sentence locally instead of in state prison:

• Closer to family and community support networks
• More access to rehab and vocational programs
• Lower recidivism rates compared to parolees
• Avoid the negative influences of prison culture
• Transition services to help you reintegrate after release

Shorter sentences and alternative forms of confinement also give you a better chance to get your life back on track. Local jails offer education, counseling, and life skills classes too. This prepares you for a fresh start when you finish your term.

Getting the Best Deal Under Penal Code 1170(h)

An experienced criminal defense attorney can help you get the most favorable resolution. They will thoroughly review your case and background. If you qualify for PC 1170(h) sentencing, they can present persuasive arguments to the judge.

For example, highlighting factors like:

• Minimal criminal history
• Steady employment record
• Family responsibilities
• Mental health or addiction issues
• Remorse and acceptance of responsibility

They may also obtain evidence and witnesses to support alternatives to prison. This includes confirmation of rehab programs, community service sites, education plans, job offers, and housing options.

In some cases, they can even negotiate with the prosecutor to reduce charges. This avoids prison time completely through probation, diversion, or dismissal.

Fighting Mandatory Prison Sentences

Some crimes require mandatory state prison terms. But an experienced attorney can often avoid this too. For example, they may:

• Challenge unconstitutional sentencing enhancements
• Negotiate dropping enhancements
• File motions to strike enhancements
• Raise technical defenses to invalidate enhancements

Let’s say you’re charged with first degree burglary with a gang enhancement. The gang enhancement adds a mandatory 2 years in prison. But your attorney could argue it’s unconstitutionally vague. If successful, you may serve a year or less locally under PC 1170(h) instead.

Other Sentencing Alternatives

There are other options too for avoiding prison on felony charges:

• Formal probation – No jail time, only probation terms like fines, classes, community service, etc.
• Deferred entry of judgment – Charges dismissed after completing a rehab program
• Drug court – Rehab program in lieu of jail time
• Mental health diversion – Treatment program instead of incarceration

An experienced criminal lawyer will know how to pursue the best resolution. They will dig into the details of your case and advocate effectively on your behalf.

Don’t Gamble with Your Future

Felony convictions can haunt you for life. That’s why it’s critical to avoid prison and maximize your sentencing options. An expert criminal defense attorney makes all the difference.

They have the skills to negotiate strongly and present persuasive arguments to judges. Don’t leave your fate to chance. Schedule a free case evaluation now to discuss the best defense for your situation.