Classes of offenses and Sentencing Flashcards
2 types of sentencing?
determinate and indeterminate
Determinate sentencing?
judges are required to sentence within a certain amount of years established by legislature
Indeterminate sentencing?
judge could sentence someone to a broad range of years 10-40
What happens if mitigating factors are found?
judge can sentence to 1/2 the minimum to the max
What happens if aggravating factors are found?
judge may sentence the person to 2x the max
Crime of violence?
when the defendant is required to be sent to prison without parole but can be placed on probation after 119 days
What is COV
person used, possessed, or threatened to use deadly weapon or cause serious bodily injury/death during a crime
How is an at-risk adult of juvenile defined?
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Want happens if a semi automatic weapon was used during the crime?
5 years must be added to the sentence and served consecutively
What is a dangerous weapon?
silencers, machine gun, sawed-off shotgun, ballistic knife
What is the 3 strikes rule?
conviction of 3 felonies= life and parole eligibility after 40years
What is little habitual?
when person is convicted of a felony within 10years of another felony they serve 3x that of their current conviction
Big habitual?
person is convicted of a 4th felony and serves 4x the max
Bigger habitual?
person convicted of 5 felonies life without parole until after 40years