How Is California Sentencing Different in 2022?

Recent Changes in Sentencing Enhancements in Criminal Cases

On January 1, 2022, several new bills went into effect, signed into law last year by California Governor Gavin Newsom. Some of these laws are retroactive, meaning that prior cases and sentences may be affected. It is important to discuss your case with a criminal defense attorney immediately if you believe your case might be impacted by these recent changes.

At Ridley Defense, we know the importance of sentencing enhancement reform. Attorney Douglas Ridley is a former Ventura County Deputy District Attorney well-versed in both sides of the law. He has dedicated the past 20 years to helping individuals charged with crimes understand their rights and achieve favorable outcomes in their cases. 

If you have been arrested for a crime or are affected by one of the many reforms that went into place this year, contact our office at (805) 208-1866 for a complimentary consultation. 

What Changes to Sentencing Enhancements Went Into Effect in 2022?

Over the course of 2021, Governor Newsom signed into law several bills that affect sentencing enhancements in California. Sentencing enhancements are laws that increase the amount of time a person can spend in prison for a particular crime. 

As noted in an article discussing the new enhancement restrictions by the Los Angeles Times, there are over 150 separate sentence enhancements. The use of enhancements in criminal cases is widespread, with the vast majority of inmates having at least one sentence enhancement. In some cases, enhancements can double the amount of time a person spends in prison. 

Efforts to Reform Sentence Enhancement

Last year, Governor Newsom aimed to reduce prison sentences for individuals convicted of certain crimes (primarily drug and gang-related offenses) by reducing or eliminating the number of enhancements that can be used in their cases. If you believe that your case was affected by these or other reforms, it is strongly recommended that you contact a criminal defense lawyer to discuss your options.

Senate Bill 81

Senate Bill 81 amended Section 1385 of the California Penal Code. It would require a court to dismiss an enhancement if it is in the furtherance of justice to do so. Evidence presented by the defendant of mitigating circumstances would give great favor in favor of dismissing the enhancement unless it would endanger public safety.

Mitigating circumstances could include:

• The enhancement would result in a discriminatory racial impact;
• Multiple enhancements are alleged in a single case;
• The enhancement would result in a sentence exceeding 20 years;
• The offense is connected to mental illness, prior victimization, or childhood trauma;
• The offense is not a violent felony;
• The defendant was a juvenile when the offense was committed;
• The enhancement is based on a prior conviction more than 5 years old; or
• The firearm used was inoperable or unloaded.

In addition to dismissing an enhancement based on proof of one of these mitigating circumstances, a court may exercise discretion to dismiss or strike an enhancement. 

Senate Bill 483

Senate Bill 483 adds sections 1171 and 1171.1 to the Penal Code. It calls for the retroactive repeal of sentence enhancements for prior prison or county jail felony terms pursuant to Section 11370.2 of the Health and Safety Code or 667.5 (b) of the Penal Code.

Assembly Bill 333

Assembly Bill 333 aims to reduce the use of sentence enhancements in gang-related crimes. It narrows the definition of “pattern of criminal gang activity” in Penal Code section 186.22. It also requires that, when requested by the defense, the underlying offense be proved first before a separate trial can be commenced on the alleged sentencing enhancement. 

To prove a pattern of gang activity, the benefit to the gang must have been more than purely reputational. As defined by statute, the “common benefit” may include financial gain, retaliation, targeting a gang rival, or for the purpose of intimidating or silencing a witness. The underlying charge cannot be used to prove the pattern of criminal gang activity.

Senate Bill 73

Finally, Senate Bill 73 amends Section 11370 of the Health and Safety Code to allow the granting of probation or a suspended sentence for people convicted of violating certain controlled substances offenses. It also repeals and replaces sections of the Penal Code to end mandatory prison sentences for nonviolent drug offenses. 

Contact Ridley Defense to Learn More

If you have been charged with a crime or believe that you are wrongfully serving time for a sentencing enhancement on a prior case, contact our office at (805) 208-1866 for a complimentary consultation. Call today to find out how we can help.