Legal Question in Criminal Law in California

semantics

I am researching a bill proposed in California concerning animal rights violations.

If the wording is as follows:

''A misdemeanor under this chapter is punishable upon conviction by a fine of up to one thousand dollars

($1,000) as to each animal with respect to which a violation occurs,and imprisonment in a county jail for not more than six months.''

Does this indicate that jail is MANDATORY or only POSSIBLE?

Thank you for your assistance.


Asked on 5/24/06, 7:39 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: semantics

It means that the judge may, but need not, sentence the defendant to jail. The length of the sentence could be anywhere from a day to six months.

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Answered on 5/24/06, 5:43 pm
Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: semantics

Sentencing is dependent on the individuals previous record score....meaning it is up the DA and the Judge and if this individual ever had been convicted of or plead to any previous criminal charges, but unfortunately in these cases, most individuals only have to pay a fine and then go on probation. Jail is very rare in most cases, unless the individual in question did this while on probation.

I wish you luck on this matter!

Sincerely,

Marc V. Taiani, Esquire

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Answered on 5/24/06, 10:05 am


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