A presumptive sentence is the starting point a judge uses when deciding a criminal sentence. Broadly speaking, it represents the standard punishment for a certain crime unless there’s a reason to deviate.
In California, this system comes from the state’s determinate sentencing law, which lists three possible prison terms for most felonies: the lower, middle, and upper terms.
The middle term is the presumptive sentence, which is what a judge will usually give unless there are special circumstances that justify a lighter or harsher punishment. This helps keep sentences consistent while allowing flexibility based on each case.
How Presumptive Sentencing Works in California
California uses a determinate sentencing system, which means most prison sentences are for a set length of time. For example, a law might say an offense can lead to two, four, or six years in prison.
Here’s how presumptive sentencing generally works:
- The middle term (four years in this example) is the presumptive sentence
- The judge can give a lower term (two years) if there are mitigating factors
- The upper term (six years) can be used if there are aggravating factors
Under California Penal Code § 1170(b), the judge must explain on the record why they chose a higher or lower sentence. The reasons they give must also be based on evidence presented in court.
Aggravating and Mitigating Factors
Courts in California look at specific factors when deciding whether to depart from the presumptive (middle) term.
Aggravating factors can be used to argue an increase in sentence may be warranted.
These factors include:
- Causing serious injury
- Having prior felony convictions
- Committing the crime in a planned and sophisticated manner
- Taking advantage of a position of trust
Mitigating factors can be used to argue a reduction in sentence may be warranted.
These can include:
- Playing a small role in the crime
- Acting under pressure/provocation
- Having no criminal history
- Showing genuine remorse
- Paying restitution
If both aggravating and mitigating factors exist, the judge and jury must balance them before choosing the final sentence.
How Cunningham v. California Changed Sentencing
California’s sentencing system was reshaped by the U.S. Supreme Court’s decision in Cunningham v. California (2007). The Court ruled that judges could not give the upper term based on facts that weren’t proven to a jury beyond a reasonable doubt. They reasoned that California’s system at the time violated the 6th amendment right to a jury trial.
After that decision, the state changed its laws. Now, judges start with the middle term and may only go higher if the aggravating factors are supported by evidence found true by a jury or are admitted to in court. This is meant to ensure that sentencing remains fair and constitutional for defendants.
Presumptive Sentences in Felony and Misdemeanor Cases
The presumptive sentence system mainly applies to felonies, but similar principles guide misdemeanor sentencing as well.
Felony sentencing ranges in California include:
- Assault with a deadly weapon (PC § 245): 2, 3, or 4 years
- Residential burglary (PC § 460): 2, 4, or 6 years
- Vehicular manslaughter (PC § 192(c)): 2, 4, or 6 years
Misdemeanors don’t have formal presumptive terms, but judges still use mitigating and aggravating factors to decide which penalties to impose. In that sense, similar principles may apply to both kinds of criminal offenses in the state.
How a Criminal Defense Lawyer Can Help With the Sentencing Phase of Your Case
Sentencing is one of the most critical stages of any criminal case, as it will determine in large part what will happen to your life going forward.
An experienced California criminal defense lawyer can help at this step by:
- Reviewing the pre-sentence report for errors
- Presenting evidence of any mitigating factors
- Challenging aggravating factors that aren’t supported by facts
- Arguing for probation or reduced penalties
- Filing an appeal if a sentence was imposed unfairly
Your lawyer will work hard to ensure the judge sees the full picture and that your rights are protected under California law. Though it’s never guaranteed, it is possible in some cases that having a skilled lawyer on your side could make the difference between a presumptive sentence and one that is more severe.
Contact a San Jose Criminal Defense Attorney From Ahmed & Sukaram Criminal Defense Attorneys Today
If you’re facing sentencing in a California criminal case, understanding the presumptive sentence can help you know what to expect. Judges start with the middle term, but with the right evidence and representation, your attorney can fight for a more desirable sentence if possible.
Call our San Jose criminal defense lawyers today at (408) 217-8818 to schedule a consultation and learn more about your next course of action.