Sentencing Guidelines in California

Each crime in California has three terms, from which a judge will choose one at his discretion. California switched to a determinate sentence system in 1977, which means prison terms have no range.

Sentences

In California, a conviction for first-degree robbery is 36, 48 or 72 months in prison under California Penal Code Section 212.5(a). Section 245(a)(1) and (2) set the sentence for assault with a deadly weapon, including a firearm, at 24, 36 or 48 months. A voluntary manslaughter conviction is punishable by 36, 72 or 132 months, under Section 192(a).

Choosing the Term

Each offense has three terms available: high-term, mid-term and low-term. The term is based on the defendant's criminal record, the seriousness of the crime and any factors that aggravate the defendant's conduct or may excuse the defendant's conduct.

Three Strikes

Three Strikes Law is an amendment that was passed in 1994. It is used when a defendant is convicted of his third serious or violent crime, including murder, rape, assault and burglary. Under the Three Strikes Law, the judge must impose a minimum sentence of 25 years and a maximum sentence of life in prison. The defendant must serve no less than 80 percent of the term before he can be released.

References

• JKR Law: California Felony Sentencing Schedule
• Shouse Law Group: How Does California Three Strikes Law Work?
• Legislative Analyst's Office: The Three Strikes and You're Out Law