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Arrest Sentence For Class 3 In Los Angeles
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Multi-State
County:
Los Angeles
Control #:
US-000280
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FAQ
In legal terms, a 'day' is usually interpreted to mean a calendar day, which naturally includes both the daytime and nighttime hours. For example, if an inmate is sentenced to '30 days' in prison, this would technically represent 30 full calendar days, not 30 separate counts of daytimes and nighttimes.
The length of time a person spends in jail is determined by a variety of factors, including the severity of the crime, the defendant's criminal history, and the laws of the jurisdiction in which the crime was committed.
The general rule is that a defendant serves 50 percent of his or her sentence while in prison. (Pen. Code §2933.) However, if the current offense is listed as a “violent felony” in Penal Code §667.5(c), the defendant serves 85 percent of the prison sentence.
An individual's base sentence is determined by the primary offense they are convicted for, which is typically the most serious offense and carries the longest sentence out of their charges.
California's 3-Strikes and You're Out Law went into effect on March 7, 1994. Its purpose is to dramatically increase punishment for persons convicted of a felony who have previously been convicted of one or more "serious" or "violent" felonies.
A defendant convicted of a third-degree felony faces up to five years in prison and a $5,000 fine. (This maximum can increase if the offender used a dangerous weapon, commits repeat felonies, or other factors exist.) Repeat stalking and child endangerment (exposure to drugs) are third-degree felonies.
To decide the sentence, the judge considers the facts in the case, the sentencing guidelines, and other sentencing laws. If either side wants, they can argue what sentence a judge should give at a sentencing hearing.
In the federal system, it's not uncommon for somebody to receive a sentence of time in prison and then be told to report several weeks after the sentencing hearing. In a state court, this doesn't take place. If someone gets straight time, they have to report immediately in almost every case.
Understanding Felony Sentences in California These include offenses like grand theft, certain drug offenses, and violent crimes. Traditionally, felonies carry the possibility of a state prison sentence, fines, or both. However, not all felony convictions lead to jail time.
Under the California felony sentencing guidelines, felony penalties can include: felony (or formal) probation, a term of at least 1 year in state prison, or. at least 16 months in county jail (only for felonies that are not serious, violent, or sexual).