Most felonies are punished under a determinate sentencing scheme. Determinate sentencing provides three possible terms of imprisonment: a low, middle, and high term to be served in the state prison. Often it is assumed that the middle term is the appropriate sentence unless the court makes findings on the record that justify the higher or lower term. Making a finding on the record means that it is stated in open court. Where a crime is classified as a felony, but the statute does not provide a specific sentencing range, then the crime can be punishable by imprisonment in the state prison for 16 months, 2 years or 3 years plus any enhancements.

The following are some examples of aggravating circumstances that may be used to enhance the sentence:

1) The crime involved great violence, great bodily harm or threat of great bodily harm;

2) The defendant was armed with or used a weapon at the time of the commission of the crime;

3) The victim was particularly vulnerable;

There may also be mitigating factors that alleviate punishment. The following are some examples of mitigating factors:

1) The defendant was a passive participant or played a minor role in the crime;

2) The crime was committed because of an unusual circumstance, such as great provocation;

3) The defendant participated in the crime under circumstances of coercion or duress, or the criminal conduct was partially excusable for some other reason not amounting to a defense.

If you have been charged with a felony, contact a skilled defense attorney immediately. Do no try to navigate this process on your own.