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In California  ater proposition ab 109 there was a so called realignment of certain crimes.  These are mostly non-violent offenses or offenses that are specifically assigned to what is commonly referred to as local time.

 

FELONIES SENTENCED TO COUNTY JAIL

Section 1170H requires the following crimes be punished in the county jai.  

crimes where the statute specifically states the crime is punishable under 1170 h.  the length of the term is 16 months 2 or 3 years in the local jail.  

or any offense that is non serious non non violent and non sex related. 

 

example 459 commerical burglary

vc 2800.4 aggravated evading a police officer 

possession of Marijuana

this is certainly not a complete list.

 

WHAT FELONIES ARE NOT COVERED BY REALIGNMENT

Certain categories of crimes that are considered violent or serious.  The purpose behind ab 109 was to deal with low level and low-risk offenders.  not people considered to be dangerous to the community.  

for example

Violent Felonies under Penal Code section 667.5 c and offenses where the defendant has a prior conviction for one of these type of crimes. 

 

SERIOUS FELONIES UNDER 1192.7 

And offenses where the defendant has a prior conviction for one of the seious felonies under 1192.7

Certain Sex Crimes 

Certain aggravated white collar crimes pusuant to Penal Code section 186.11

This is not an exhaustive list and there are approximately 60 other crimes that the legislature has decided to exclude for a more complete list see the California Department of Corrections and Rehabilitation Final Crime Exclusion List. 

If you have any further questions call us at 559 -441-1418.

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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