Legal Question in Criminal Law in California

Crimes carry the same possible punishment everywhere in the state. The actual sentence depends on many factors, such as the nature of the crime and the defendant's background.

Health & Safety Code 11358, marijuana cultivation, is a felony with a potential prison sentence of sixteen months, two years or three years in prison. Penal Code 12316(b), possession of ammunition by a felon, is a "wobbler" that can be punished by the same range of prison terms, or as a misdemeanor with a maximum of a year in jail.

Under California law, the maximum term for these two offenses would be three years, eight months.

The defendant might get probation, or there could be other things -- like prior convictions that are "strikes" under the Three Strikes law, or prior prison terms -- that could increase the maximum punishment.