Protect Your Future with an Experienced San Diego Violent Crime Lawyer

Because the circumstances surrounding each violent crime charge can vary widely, the penalties attached to each will be decided according to many factors. Depending on the severity of the charge, the defendant’s prior criminal record, weapons involved during the commission of the crime, and the victim’s age and circumstances all figure into sentencing.

Penalties for Infractions

Infractions are considered minor violations that usually result in fines as the primary consequence. In California, for example, personal possession of a small quantity of marijuana is considered an infraction. Offenders typically do not face jail time or receive a criminal record for such offenses, only paying a nominal fine.

Consequences for Misdemeanors

Misdemeanors are a step above infractions in terms of severity, though they can still be considered relatively minor offenses. The penalties for misdemeanors can include a jail term of up to one year and a fine. In California, one example of a misdemeanor is petty theft, which involves the theft of property valued at less than $400. The punishment may include a jail term of up to six months and a fine of up to $1,000.

Felony Sanctions

Felonies are the most serious category of crime, with state prison sentences or even the death penalty in extreme cases. Felony offenses have three possible prison terms: low, mid, and high, as determined by statute. For instance, drug transportation is a felony that can result in a prison sentence of 3, 4, or 5 years. The judge, based on various factors in the case, has some discretion in selecting the appropriate term from these options.

Wobbler Offenses and Penalties

Wobblers are unique offenses that can be charged as either a misdemeanor or a felony, depending on the prosecutor’s decision. This choice is often influenced by the crime details and the defendant’s criminal history. The punishment for a wobbler depends on whether it is classified as a misdemeanor or a felony. Domestic violence assault charges, for example, can be charged as either, with more severe penalties for those with prior offenses or if the assault results in significant injuries.

California’s Three Strikes Law

California once had one of the strictest “Three Strikes” laws in the United States, aimed at deterring repeat violent offenders. However, the original 1994 law was broad enough to impose mandatory sentences of 25 years to life for a third felony conviction, even for non-violent crimes.

That law was amended in 2012 with Proposition 36, narrowing its scope to apply only when the third conviction and prior convictions are for serious or violent felonies.

Under California’s Three Strikes law, the penalty progression for conviction of violent crimes is as follows:

• First Serious or Violent Felony: Regular statutory penalty
• Second Serious or Violent Felony: Mandatory sentence of double the normal statutory penalty
• Third Serious or Violent Felony: Mandatory sentence of 25 years to life

Immigration

In addition to the penalties stipulated by California Penal Code 667.5, if you are not a United States citizen when found guilty of a violent crime in San Diego, you may also face deportation proceedings.

A conviction under the same penal code may also be considered one of moral turpitude, which are considered violent crimes that are more reprehensible than others. A moral turpitude conviction carries the potential for deportation.