There are no "guidelines" for sentences in misdemeanor cases, nor as to time in custody imposed as a condition of probation in misdemeanor or felony cases. Such sentences are within the discretion of the judge, and subject to negotiation between the prosecutor and defendant.
California's current sentencing law (just declared unconstitutional by the US Supreme Court, so it is going to change) is applicable if a prison term is imposed in a felony case, and requires the judge to pick from one of three sentences: lower term, middle term, or upper term. (PC 1170.) The link mikeysco gave you is to the California guidelines for finding aggravating or mitigating circumstances (see rules 4.421 to 4.423).
I assume your reference to PC 503 is to the offense of which somebody was convicted since that statute defines embezzlement. That could be either a felony or a misdemeanor, depending upon the amount embezzled. If a misdemeanor (generally, under $400), it would be punishable as a petty theft (PC 514), which could carry a sentence of up to six months in jail (PC 490). If a felony, it could still be punished as a misdemeanor, with up to a year in jail, or as a felony by prison with the three terms being 16 months, 2 years, or 3 years. (PC 489, 18.)
2007-03-06 08:06:16
·
answer #1
·
answered by Anonymous
·
0⤊
0⤋
Go to CA Penal codes
I found out that the amount of money taken decides whether it is a felony or misdemeanor. Same as thief. That's all I've found so far. Penal codes wasn't so good I see.
2007-03-05 17:10:53
·
answer #2
·
answered by Chloe 6
·
0⤊
0⤋
Here's the section of the Penal Code you referred to. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=503-515 Check it out for the penalty.
2007-03-05 17:28:46
·
answer #3
·
answered by Debra G 4
·
0⤊
0⤋