Mandatory Sentencing Requirements

by Ambrosio Rodriguez | Aug 31, 2024 | Criminal Defense
men behind cell bar in jail illustrating article about Mandatory Sentencing Requirements

The California legislature moved from indeterminate sentencing to mandatory minimums in 1977, setting punishments based on the crime’s severity. Despite these mandatory guidelines, judges retain some flexibility in sentencing. Penalties for such crimes can include jail time and fines, making a robust defense essential.

The legislature set punishments based on the crime. According to the California Penal Code, sentencing should be uniform and proportionate to the seriousness of the crime.

Even though California decided to use mandatory minimums for criminal convictions, judges still have flexibility when imposing a criminal sentence, often with the guidance of a criminal defense lawyer.

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How Can The Rodriguez Law Group Los Angeles Criminal Defense Attorneys Help If I Am Accused of Posting Harmful Information on the Internet in Los Angeles?

Posting harmful information on the internet in violation of PC 653.2 is a serious misdemeanor in Los Angeles, California. Prosecutors can come down surprisingly hard on offenders. You need a Los Angeles criminal defense lawyer to help you defend your rights.

The Rodriguez Law Group Los Angeles Criminal Defense Attorneys has over 20 years of experience in criminal law, as prosecutors and defense lawyers. We’ve seen it all, and we know how to build an ironclad defense to your charges.

When you hire us to represent you for posting harmful information, we take steps such as:

  • Filing motions to have tainted evidence thrown out of court
  • Hiring investigators to find evidence of your innocence
  • Demanding to see every shred of evidence against you
  • Carefully analyzing whether the state can meet its burden of proof on each element of the crime
  • Negotiating for a dismissal or reduction in charges
  • Taking your case all the way to trial

Your freedom and reputation are extremely important to us. We go to bat for our clients, and have their back every step of the way. Criminal defense is always an uphill battle, and you need an experienced and aggressive team like ours fighting for you.

What Does the Prosecution Need to Prove to Convict You of Posting Harmful Information Online?

To convict you of posting harmful information online, the state needs to prove specific elements of the crime.

The elements of posting harmful information online are:

  1. The defendant;
  2. Without consent;
  3. With intent to place another person in reasonable fear for their safety or the safety of the person’s immediate family;
  4. Uses an electronic device to distribute, publish, or otherwise make available personal identifying information (photo, address, phone number, etc);
  5. For the purpose of imminently causing that other person unwanted physical contact, injury, or harassment, by a third party

Essentially, you can be convicted of this crime if you are accused of posting personal information about someone online for the purpose of harassment. A criminal conviction can carry many serious penalties, and you need to fight back as hard as possible by hiring a strong criminal defense lawyer.

What Are the Penalties for Posting Harmful Information on the Internet in California?

Posting harmful information online is a misdemeanor in Los Angeles. This crime is punishable by up to one year in jail and a fine of up to $1,000. In practice, sentences can vary widely depending on the unique facts of what you are accused of.

Additionally, your prior criminal record can greatly impact the seriousness of the sentence imposed. Sentences are up to the judge, and the judge has a lot of discretion. The Rodriguez Law Group Los Angeles Criminal Defense Attorneys is highly skilled at presenting mitigating factors to try to reduce a sentence after a conviction.

We are also skilled at presenting evidence of good character and rehabilitation to try to lighten a sentence. However, we understand that the most important thing is to fight the conviction as hard as possible so it doesn’t get to that point.

What Defenses Are Available for These Charges?

Your defense strategy will depend on the unique facts of your case. Prosecutors have to prove every element of your charge beyond a reasonable doubt. If they can’t, a judge must dismiss your case.

We may employ the following defense strategies to fight your charges:

  • Arguing that you didn’t intend to harass someone when you posted information online
  • Highlighting that you had consent to post the information
  • Moving to exclude evidence if law enforcement violated your rights
  • Challenging confessions if the police didn’t read your Miranda rights
  • And more

The best way to determine the best defense strategies in your case is to meet with a Los Angeles internet crimes attorney.

Contact The Rodriguez Law Group Los Angeles Criminal Defense Attorneys for Help Defending Your Charges

When you are accused of posting harmful information on the internet in violation of PC 653.2, you need a skilled internet crimes lawyer on your side. The criminal defense lawyers at The Rodriguez Law Group Los Angeles Criminal Defense Attorneys will have your back every step of the way.

Don’t say anything to the police – contact us right away so we can begin fighting for you.

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CONTACT A CRIMINAL DEFENSE ATTORNEY

Facing criminal charges in Los Angeles? Trust The Rodriguez Law Group Los Angeles Criminal Defense Attorneys to secure the best possible outcome. Our experienced criminal defense lawyers have 20+ years of expertise in handling criminal cases.

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