California Sentencing Enhancement
California Sentencing Enhancement Penal Code Section 654-678 Sentencing Enhancement are laws that provide for the longest potential term of imprisonment. These Enhancements come in five areas of prior crimes. This allows the sentencing judge to “enhance” the sentence more than it normally would be:Guns, Drugs, Gangs, Great Bodily Injury and Carjacking. There are two consequences for having one prior strike or prior charge. Your new Felony doubles and a 5 year Sentence Enhancement applies, expect for the “THREE STRIKES LAW”, there are multiple sentence enhancements that can fit a single crime (Penal Code 1170.1) This also helps make sure that the “punishment fits the crime”, this helps keep the public safe and makes sure that those who commit crimes over and over are put behind bars.
- Types of Criminal Sentencing Enhancements: <p>There are two consequences for having one prior strike. First your felony conviction can get doubled. Second, a 5 years Enhancement applies if the felony is a serious one.
A current conviction for a “serious” felony gets a 5– years enhancement if the defendant has a prior serious-felony conviction. Also a 3-year enhancement applies for a prior “violent” charge.
For any violation pertaining to, but not limited to “serious felonies” the number of enhancements that may be imposed shall not be limited, but can be added on later as long as the case is still pending.</p>
- Related Crimes: <p>Drug crimes, gang related, murder, manslaughter, robbery, assault can all be related crimes.</p>
- Penalties & Punishment: <p>The judge can choose one of these three terms at sentencing. For example, assault with a machine gun is punishable by four, eight, or 12 years’ imprisonment. Grand theft of any firearm, vehicle, trailer, or vessel - 16 months, two years or three years. Burglary - one year or more in county jail for a term of 16 months, 2 years or 3 years. Mayhem is punishable by imprisonment in state prison for two, four, or eight years. Felony vandalism - can face up to eight years in prison or formal probation. Carjacking - if a gun is used in the course of a carjacking there is an additional 10-year prison sentence, intentionally firing a gun means an additional 20 years in prison, and intentionally firing a gun to cause a serious injury or death can mean 25 years to life in prison.</p>
- Differences between State & Federal Laws: <p>The biggest difference between State and Federal, with Federal there is no “Parole “. Federal crimes can also add another 10 years of imprisonment if they have a prior conviction in the last 5 years.</p>
- High Profile Cases: <p>United States v. LaBonte, 520 U.S. 751 (1997). offense of conviction, including any applicable statutory sentencing enhancements. The enhanced penalty, from 20 to 30 years’ imprisonment.
McNeill v. United States, 131 S. Ct. 2218 (2011). sentencing enhancement applied to the defendant based in part on drug trafficking crimes he committed when they carried a maximum 10-year prison term, even though the legislature had subsequently reduced the maximum sentence
PEOPLE v. VIZCARRA
(1) Vizcarra was sentenced to a prison term of eight years for his count 2 conviction, and (2) he was sentenced to a consecutive prison term of four years for his count 3 conviction. The superior court is also directed to forward a certified copy of the corrected abstract of judgment to the Department of Corrections and Rehabilitation -</p>
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