Legal Question in Criminal Law in California

Just Wondering

I was sentenced 30 days in jail for a misdemenor battery. I hit a girl over a year ago and nothing happened to her but it was in public and i've been going to court ever since. I accepted a plea bargain. it was 2 years of summary probation and some fines. my last court date was my sentencing and it is now 30 days in jail, 3 years of formal probation and fines. All for a misdemenor? Does this seem right?


Asked on 1/06/05, 4:15 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Just Wondering

The definition of a misdemeanor is a crime which cannot result in a sentence of more than a year. Since you ask if a one-month sentence (plus probation and fines) is appropriate for a midemeanor, the answer is yes.

You say you accepted a plea bargain. The agreement must have revealed to you what type of sentence you would receive; it may not have been specific but it must have said what the maximum punishment might be. If the sentence you received is no greater than what you were told you might get then there is no problem. If you didn't want a sentence this harsh then you could have rejected the deal and taken your chances at trial.

Leaving aside the fact that you had a plea bargain, is the sentence you received appropriate for the facts of your case? I don't know, since you have not provided enough facts. If I had those facts might believe the sentence is too harsh. I also might believe it is too lenient, or that it is just right. What matters is what the judge believes. The law gives him some flexibility in sentencing, and if the sentence you received was among those he could lawfully impose then it is proper, even if most judges would have imposed a different sentence.

Of course, the best way to have avoided this sentence would have been not to hit the young lady in the first place. Society takes batteries very seriously, and it sounds like you don't. Hopefully the punishment will change your perspective. How well it does that is probably the best way to judge how appropriate the sentence was.

Read more
Answered on 1/06/05, 8:25 pm


Related Questions & Answers

More Criminal Law questions and answers in California