Gardena, CA asked in Criminal Law for California

Q: Can a court give me both high term on my crime and the enhancement ? Also can my enhancement push my total time over 20?

This is a criminal law question.

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, when facing criminal charges, the court has the discretion to impose the high term for your base crime depending on the specifics of your case, including the nature of the offense and your criminal history. This decision is influenced by various factors, such as the severity of the crime, any aggravating circumstances, and past convictions. The judge carefully considers these elements before determining the appropriate sentence within the legal guidelines.

Additionally, if there are enhancements associated with your crime, the court can also impose these on top of your base sentence. Enhancements are typically added for specific circumstances that aggravate the offense, like the use of a weapon, committing a crime for the benefit of a gang, or causing great bodily injury. These can significantly increase the length of your sentence, depending on the nature of the enhancement.

Yes, the combination of the high term for your base crime and any additional enhancements can indeed push your total sentence to exceed 20 years. The overall length of your sentence will depend on the specific laws related to your charges and the enhancements applied. It's crucial to understand that each case is unique, and the final sentencing outcome can vary significantly based on the individual circumstances surrounding your case.

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