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Understanding Sentencing After a Criminal Conviction in San Diego

By San Diego Attorney on October 12, 2025

The sentencing phase of a criminal case is where penalties resulting from a conviction are ultimately decided. In San Diego, the outcome depends on several factors, including the nature of the offense, prior criminal history, statutory guidelines, and persuasive arguments presented by attorneys on both sides. Having an experienced San Diego Criminal Defense Attorney on your side during this time is your best defense.

The Sentencing Hearing

Once a defendant is convicted, either by plea or jury verdict, the case proceeds to a sentencing hearing. This hearing determines what penalties will be imposed, including jail or prison time, probation, fines, restitution, or alternative sentencing options.

The court considers several sources of information to make its decision:

• The charges and conviction(s)
• Pre-sentence probation reports
• Victim impact statements
• Arguments by the prosecution and defense
• The defendant’s personal circumstances and criminal history

An experienced San Diego criminal defense lawyer plays a significant role at this stage, advocating for fair treatment and using every available tool to argue for reduced sentencing or alternatives to incarceration.

Determinate vs. Indeterminate Sentencing in California

California employs two primary sentencing models: determinate and indeterminate sentencing.

Determinate Sentencing

Determinate sentencing applies to most felony offenses in California. Under this structure, the law specifies three potential prison terms for each offense: low, middle, and high. For example, a felony conviction may carry a sentence of two, four, or six years. The judge selects the appropriate term based on mitigating or aggravating factors.

Indeterminate Sentencing

Indeterminate sentencing is used for more serious crimes like murder. A defendant may be sentenced to 15 years to life, for example. This means they must serve a minimum term before becoming eligible for parole. The actual release date is then determined by the parole board, not the judge.

The Role of the Probation Report

Before sentencing, the probation department prepares a report (known as a pre-sentence report or probation report) that offers a comprehensive overview of the defendant’s background, the crime, and a recommendation for sentencing. This document generally includes:

• A summary of the offense
• The defendant’s criminal history
• Employment and education records
• Psychological evaluations (if applicable)
• The impact of the offense on any victims
• A recommendation for sentencing, which may include probation or incarceration

Your San Diego Criminal Defense attorney can challenge the content of these reports, particularly if the probation officer’s recommendation is unduly harsh or based on incorrect information.

Victim Impact Statements

California law allows victims to provide a victim impact statement at sentencing. This can be presented in person, in writing, or through a representative. While the court considers these statements, they are not the sole factor in determining the sentence.

Defense counsel may argue to limit the scope of these statements, especially if they include emotional appeals that are not relevant to the sentencing criteria.

California Sentencing Guidelines

California’s sentencing guidelines are designed to ensure consistency and fairness. Judges must consider these guidelines, but they retain discretion in applying them. Some key factors influencing a judge’s decision include:

• The seriousness of the crime
• The defendant’s prior convictions (if any)
• Use of weapons or threats
• Injury to victims
• The presence of mitigating factors

Mitigating Factors in Criminal Defense

Mitigating factors are circumstances that may warrant reduced penalties. Common examples include:

• No prior criminal record
• Evidence of remorse or cooperation
• Mental illness or substance abuse issues
• Playing a minor role in the offense
• Efforts made at rehabilitation
• Positive contributions to the community

A skilled San Diego criminal defense attorney will highlight these aspects to humanize the defendant and argue for leniency.

Sentencing Alternatives in San Diego

Not all convictions lead to incarceration. California law supports a range of sentencing alternatives, especially for nonviolent or first-time offenders.

Probation

Probation allows a convicted person to remain in the community under supervision. Conditions may include counseling, drug testing, community service, or electronic monitoring. Violating probation can lead to incarceration.

Diversion Programs

Diversion may be available for individuals facing misdemeanor charges. It allows defendants to complete treatment, education, or community service in exchange for dismissal of charges upon successful completion.

Rehabilitation and Treatment Programs

For offenses involving substance use or mental health issues, judges may sentence defendants to residential treatment or counseling programs instead of jail.

House Arrest or Electronic Monitoring

In some cases, the court may order house arrest, monitored by GPS or an ankle bracelet. This enables the defendant to continue working or caring for family while serving their sentence.

How a San Diego Criminal Defense Lawyer Can Influence Sentencing Outcomes

Sentencing is not just a matter of entering into a plea and awaiting punishment. A proactive defense attorney can make a big difference.

At jD Law Criminal Defense Attorneys, attorney James N. Dicks brings over 30 years of criminal law experience to the table. He is a Certified Criminal Law Specialist by the California Board of Legal Specialization. James N. Dicks is a seven-time recipient of the Avvo Client Choice Award.

Our approach to sentencing advocacy includes:

• Challenging inaccuracies in probation reports
• Presenting compelling mitigation evidence
• Securing letters of support from family, employers, or community members
• Arguing for sentencing alternatives instead of incarceration
• Negotiating plea agreements with sentencing limitations

Felony Sentencing in California

Following conviction for a felony in San Diego, the possible outcomes depend on the offense level, use of enhancements, and the judge’s evaluation of mitigating and aggravating factors.

A defense attorney’s job during this phase is to shift the narrative. Instead of focusing solely on the crime, the court must consider the full story of the defendant’s life, struggles, and potential for rehabilitation. A judge who understands that context is more likely to impose probation or other non-custodial penalties.

Speak With a Trusted San Diego Criminal Defense Lawyer Today

Sentencing is a pivotal point in any criminal case. Your choice of attorney matters. At jD Law Criminal Defense Attorneys, we are familiar with local courts, and we understand California sentencing guidelines. Our legal team is dedicated to protecting your rights at every stage.

If you or a loved one is facing criminal charges in San Diego, do not leave your future to chance. Call us at (760) 630-2000 for a free consultation.

We will evaluate your situation and fight for a favorable outcome.