Sentencing Options if Convicted of a Crime in Sacramento

Getting convicted of a crime in Sacramento can be scary. The thought of going to jail or prison is frightening. But there are sentencing options besides just incarceration. This article will explain the different sentences you could face if convicted of a crime in Sacramento.

Felony vs. Misdemeanor

Crimes are divided into two main categories – felonies and misdemeanors. Felonies are more serious crimes that are punishable by imprisonment in state prison. Misdemeanors are less serious crimes punishable by up to 1 year in county jail.

Examples of felonies include murder, rape, robbery, and burglary. Examples of misdemeanors include petty theft, simple assault, trespassing, and drunk driving.

The sentence you face depends on whether you are convicted of a felony or misdemeanor. Felonies carry much harsher sentences.

Probation

For many crimes, probation is a possible sentence if it’s your first offense. Probation means you don’t go to jail, but you have to follow certain rules and check in regularly with a probation officer.

Probation usually lasts 1-3 years. Common probation conditions include:

• Not committing any new crimes
• Maintaining full-time employment or being enrolled in school
• Completing counseling or treatment programs
• Staying away from the victim
• Paying restitution to the victim
• Submitting to searches and drug/alcohol testing
• Abiding by a curfew

If you violate any terms of probation, you could be sent to jail.

Fines

Fines are monetary penalties imposed for committing crimes. Misdemeanors carry fines up to $1,000. Felonies can result in fines up to $10,000.

Fines are usually imposed in addition to other sentences like probation or jail time. Failure to pay fines can result in further penalties.

Restitution

Restitution is money paid to the victim by the offender to cover losses from the crime. Restitution is common in crimes like theft, fraud, or property damage. The court calculates the amount based on the victim’s financial losses.

Restitution is usually a condition of probation. But it can also be a standalone sentence.

Community Service

Community service means performing unpaid work for nonprofit or public organizations. It serves as an alternative to fines or jail time.

The court assigns a specific number of hours to complete. Common places to serve community service include:

• Food banks
• Homeless shelters
• Animal shelters
• Parks
• Schools

Community service allows low-risk offenders to repay their debt to society in a constructive way.

Work Release

Work release allows inmates to leave jail and continue working at their job. Participants return to jail after work each day.

Work release enables inmates to keep their jobs and maintain family relationships. It also reduces jail overcrowding. The inmate must pay a daily fee to participate.

Home Detention

Home detention, also known as house arrest, is an alternative to jail time. Inmates wear an electronic monitoring device at home instead of being incarcerated.

Participants must stay at home except for approved reasons like work, school, or medical appointments. Home detention reduces jail populations and costs.

Jail

For misdemeanors, the maximum jail sentence is 1 year in county jail. But many misdemeanors carry lighter jail terms of days or weeks.

Jail sentences for felonies depend on the specific crime. Common felony jail terms range from 16 months to 10 years. Jail provides punishment while allowing inmates to serve short sentences close to home.

Prison

Prison sentences are for serious or repeat felonies. Prison terms range from 1 year to life. Prison provides long-term punishment and rehabilitation for dangerous offenders.

In California, prisons are run by the state. The two main state prisons in Sacramento are Folsom State Prison and Sacramento State Prison.

Fines vs. Fees

Fines are monetary penalties that are part of a criminal sentence. Fees are administrative costs charged by the courts or jails for processing a case.

Common fees charged in Sacramento include booking fees, probation supervision costs, drug testing fees, and public defender application fees.

Fees are added on top of any criminal fines. Defendants must pay both fines and fees or face further penalties.

Alternative Sentencing Programs

Sacramento offers alternative sentencing programs as an option instead of jail time:

Sheriff’s Work Project – Allows inmates to work on community service projects

Home Detention Program – House arrest with electronic monitoring

Alternative Sentencing Program – Community service for traffic tickets

These programs allow offenders to stay employed and avoid jail. The community benefits from their work.

Sentencing Guidelines

California has statewide sentencing guidelines judges must follow. But judges have some discretion based on aggravating or mitigating factors.

The main options for felony sentences are:

• Lower term – Minimum sentence
• Middle term – Medium sentence
• Upper term – Maximum sentence

Judges can impose upper terms if there are aggravating factors like prior convictions, cruelty, or planning. They can impose lower terms if there are mitigating factors like mental illness, age, or playing a minor role.

Enhancements

Sentence enhancements add additional years if certain facts are proven. Common enhancements include:

• Prior convictions
• Use of a gun
• Injury to elderly/disabled victim
• Hate crime
• Gang involvement

Enhancements must be proven to a jury beyond a reasonable doubt. They can add 3-10 extra years per enhancement.

Strike Offenses

California’s Three Strikes Law imposes life sentences for repeat serious/violent felonies.

Offenses like murder, rape, robbery and burglary are strikes. With two strikes, any third felony conviction results in a life sentence.

But judges can dismiss prior strikes in the interest of justice. And inmates can petition for re-sentencing if a prior strike is no longer considered a violent felony.

Youth Offenders

Youth offenders tried as adults face adult sentences. But recent laws require judges to consider age and developmental factors for juveniles.

For juveniles facing life sentences, parole hearings are required during their 25th year of incarceration. Parole boards must give great weight to youth-related factors.

Realignment

In 2011, California passed the Public Safety Realignment Act. This law keeps non-violent, non-serious, non-sex offenders in county jails instead of state prisons.

The goal is to reduce prison overcrowding. Low-level felons now serve their time locally in county jail or under community supervision.

Sentence Modifications

California has passed several laws allowing inmates to petition for sentence reductions:

Proposition 36 (2012) – Re-sentencing for non-violent drug offenses

Proposition 47 (2014) – Reduced many drug and property crimes from felonies to misdemeanors

Proposition 57 (2016) – Parole eligibility for non-violent felons

SB 1437 (2018) – Restricted murder accomplice liability

Consult an attorney to see if you qualify for any form of post-conviction relief.

Conclusion

There are many potential sentences if convicted of a crime in Sacramento besides just incarceration. Sentences range from fines and probation for minor crimes up to life in prison for violent felonies.

Recent laws have focused on reducing mass incarceration by keeping low-level offenders in county jails instead of state prison. And inmates have opportunities to petition for reduced sentences.

But criminal sentencing remains complex. Consulting an experienced Sacramento defense attorney is essential to understand the potential sentences you face and options available. An attorney can advise on plea bargains versus going to trial. And they can argue for alternative sentences like probation if appropriate.

Don’t navigate the criminal justice system alone. With an attorney’s guidance, you can make informed decisions and achieve the most favorable outcome possible.