Legal Question in Criminal Law in California

If a defendant is found guilty of involuntary manslaughter, can a judge make the defendant do more than the max 4 years of jail


Asked on 9/27/11, 1:25 pm

2 Answer from Attorneys

Joe Dane Law Office of Joe Dane

Assuming that is the only charge and there are no sentencing enhancements or priors, that Is the maximum the judge can impose by law. California has sentencing laws with (for most crimes) a triad of sentences. There are low, middle and upper terms for every felony. After a conviction, the judge first must determine if the defendant is eligible and suitable for probation or if they are going to state prison. If it is a prison sentence, they must select from the three possible punishments. For involuntary manslaughter, the possible sentences are 2, 3 or 4 years in state prison. The judge is supposed to select the middle term unless there are factors in mitigation that would make them impose the lower term or factors in aggravation that would make them impose the upper term.

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Answered on 9/28/11, 6:57 am


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