Legal Question in Criminal Law in California

In order to appeal a conviction in a felony case, the defendant must file a notice of appeal within 60 days of sentencing. The attorney should do this if the client requests it, or the defendant can file the form himself.

Most prison inmates are eligible for parole after serving half of their sentence. If they are convicted of a violent felony listed in Penal Code 667.5(c), they must serve 85% of the sentence before they can be paroled.

The maximum sentence for a violation of Penal Code 245(a)(1) is four years. Is assault by using force likely to cause great bodily injury or by using a deadly weapon. It is not a 667.5(c) violent felony, standing by itself.

(It is a serious felony, and a strike, under Penal Code 1192.7(c) if the defendant personally used a dangerous or deadly weapon. However, that does not result in a 15% limitation on credits.)

(Conviction of a felony 245, where the defendant uses a vehicle as a deadly weapon, also results in a lifetime California Drivers License revocation.)

If the jury also found a special allegation that the defendant personally inflicted great bodily injury under Penal Code 12022.7(a), that would make it a violent felony under 667.5(c) and result in an additional three years.

Realistically, it is very unlikely the Court of Appeals will overturn this sentence. The judge could grant probation, reduce the charges to a misdemeanor, or impose a sentence of two, three or four years. Unless the sentencing judge clearly abuse his or her discretion, the Court of Appeals will not intervene.