I don't understand if a person is charged with felonies why would a judge give suspect just 3 yrs probation

Question

The punishment for a violation of Cal. Penal Code section 32 is found in section 33. Of course, there you will only find "state prison," so you need to know in addition that "state prison," without more, means 16 months, 2 years, or 3 years in prison. (Pen. Code section 18.) So the maximum sentence is 3 years. There is no minimum, and the offense can be charged as a misdemeanor.

1 year ago

Answer 1

Unless the Legislature has specifically prohibited it, a court has discretion to grant probation in ANY case, including felonies.  In felonies it can be for a maximum of five years, or time equal to the maximum sentence, whichever is longer.  (Pen C 1203, 1203.1.)  Prison sentences upon conviction are the exception.  It is better for society and the defendant to have supervision in the community.

Answer 2

To many people in prison already. If the person is a non violent offender it is better to keep them out of prison then to add one more person into a broken system

Answer 3

You stated it, the legislature said there is a maximum but no minimum. It is up to the judge to decide. If the charge turned into a misdemeanor than no more than a year in jail is allowed.

Judges are judges, They make a judgment on the facts of the case as learned from the adversarial process. This includes such information as the quality of the defendant, background and other things like how over crowded the penitentiaries currently are.

Answer 4

maybe he gave up someone else that did something wrong