California Supreme Court Defines Time Credit Limitations for Certain Convictions
In two recent California Supreme Court cases entitled, In re Pope and People v. Duff , with a decision issued on August 19, 2010, the California high court decided that a defendant is still subject to reduced time credits for good behavior when he or she is convicted of a violent felony even when the sentence for the violent felony is stayed.
In these two respective cases, the Supreme Court whether Penal Code section 654 (which prohibits sentencing on two counts where they both involve the same conduct) and Penal Code sections 2933.1, subdivision (a) and 2933.2, subdivision (a). Penal Code section 2933.1, subdivision (a) serves to reduce time credits for violent offenders. If you are convicted of a violent offense, generally, time credits are limited to 15% from day one. Penal Code section 2933.2 eliminates time credits altogether for those convicted of murder as defined in Penal Code section 187.
As of January 2010, you would normally be awarded time credits of 50% on non violent, non serious felony convictions (see Penal Code ยง2933 (e).) As a Fresno Criminal Defense Attorney, many of my clients want to know the implications that the law will have on their time credits and custody status- this case is one important example of why it is critical to read case law updates.
When a conviction is subject to section 654, the court is to impose the sentence for the higher term and impose, but stay, the imprisonment for the lower term. In this recent case, the supreme court decided that it doesn't matter if the sentence is stayed for the violent offense or a homicide (if they happen to be subject to 654 and stayed due to the fact that they were the shorter term), if you've been convicted of either a violent offense or murder you are subject the time credit limitations in Penal Code section 2933.1 and 2933.2. An experienced criminal attorney in Fresno should know these implications that may surround a conviction in the California criminal courts.
Whew!! I know that was probably hard to follow. This case points out the reason why a competent and qualified Fresno Criminal Lawyer is essential for your defense if you've been charged with a violent offense or murder in Fresno, California. Changes in the law happen every day; this case shows why it is important to stay on top of the law.
