Understanding Felony Sentencing Guidelines in California Courts

If you’re convicted of a felony in Orange County, the sentencing phase determines whether you go to state prison or county jail, how long you’ll serve, and what conditions apply to probation if granted. California felony sentencing laws are complicated, involving mandatory minimums, enhancements, and judicial discretion that significantly affect outcomes.

At the Law Offices of William Bruzzo, our Orange County criminal defense lawyer has 30 years of experience guiding clients through felony sentencing, negotiating plea agreements, and advocating for minimum terms when convictions are unavoidable.

How California’s Determinate Sentencing Law Impacts Your Felony Case

Most California felonies use determinate sentencing, where statutes set three possible terms: lower, middle, and upper. For example, burglary (PC 459) carries 16 months, two years, or three years. Judges choose a term based on aggravating and mitigating factors.

• Aggravating factors: prior convictions, vulnerable victims, great harm or violence, sophisticated planning
• Mitigating factors: minor participation, mental health issues, provocation, early acknowledgment of wrongdoing

Your Orange County criminal defense attorney can present character letters, proof of rehabilitation, employment records, and mental health evaluations to argue for the lowest possible term.

Enhancements That Dramatically Increase Prison Time

Enhancements add years to base sentences for specific circumstances. Common felony enhancements include:

• Prior serious felony convictions (PC 667(a)) adding 5 years consecutive per prior
• Strike convictions under the Three Strikes Law, doubling sentences or imposing 25-to-life
• Gun use enhancements (PC 12022.5, 12022.53) adding 3, 4, 10, or 25-to-life depending on use
• Great bodily injury enhancements (PC 12022.7) adding 3 to 6 years
• Gang enhancements (PC 186.22) adding 2, 3, 4, or 10 years

Recent reforms like Senate Bill 620, SB 1393, and Assembly Bill 333 allow judges discretion to strike certain enhancements when facts don’t support them. Our Orange County criminal defense attorney know which judges are more likely to reduce or strike enhancements and how to argue persuasively for your case.

Probation Versus Prison: AB 109 Realignment

California’s AB 109 realignment changed where many felons serve sentences. Non-violent, non-serious, non-sex offense felonies often qualify for county jail rather than state prison, with some offenders serving sentences on mandatory supervision or split sentences combining jail and supervised release.

Probation allows serving your sentence in the community under supervision rather than custody. Not all felonies qualify for probation, some like rape, murder, and certain sex crimes presume prison. For eligible felonies, judges consider your criminal history, offense circumstances, and rehabilitation prospects.

We advocate for probation by presenting evidence you’re unlikely to reoffend, stable employment, family support, completion of counseling or treatment, and acceptance of responsibility. Probation reports prepared by Orange County Probation Department influence judges, so we work to ensure accurate, favorable information reaches the probation officer.

Talk to an Orange County Criminal Defense Lawyer About Sentencing

Felony sentencing determines years of your life and long-term consequences. At the Law Offices of William Bruzzo, our 30 years of experience in Orange County courts helps clients achieve minimum sentences through effective mitigation and enhancement challenges.

Call (714) 547-4636 or contact us online to discuss your felony case with an Orange County criminal defense attorney who understands sentencing guidelines and how to minimize prison time.