Legal Question in Criminal Law in California

Re: felony sentence modification

Q: If someone is sentenced to a felony for assault and battery in the county jail are or can they be eligible for sentence modifacation and if so, at what point of sentence can they apply?

A: If they were sentenced to county jail behind a felony, that probably means they were placed on felony probation for a period of years and then ordered to serve some time in the county jail as a condition of probation. If that is the case here, then probation can be modified at any time during the probation. However, a change in circumstances would probably be necessary to justify a change or modification in the probation. You should talk to the lawyer who handled the case to determine if circumstances have changed since the original sentencing to warrant a modification. If you don't want to talk to the original lawyer, then talk to some criminal lawyer. Most criminal lawyers give free consultations. Good luck.

Re: felony sentence modifacation

Steve in his answer appears to be as confused by your question as I am. Was the individual sentenced to the county jail for a felony assault (local lid)? Was the individual in the county jail and then he/she assaulted someone. What are the facts? There is paper work available from the court to request from the sentencing judge a sentence modification while the individual is serving time in the county jail. There are also forms available at the county jail to request work release programs. There are sentencing alternatives to serving straight time, like cleaning up the parks on the weekends, etc. The judge can sentence the individual to these. there are some city jails that take county prisoners adn work them during the day and then send them home to sleep at night. The city jail time with sleep at home provisions give no 'good time work time' credit.

Re: felony sentence modifacation

Thanks for your posting. As you've probably learned from the two responses already, YES, a felony sentence can be modified, and can be done at ANY TIME. However, there has to be some change in circumstances for the judge to consider modifying the sentence. Best of luck, and if you want to give more details or have more questions, please feel free to email me directly.