California legal term
maximum term of imprisonment in California Criminal Law
Current through 2026 California legislative session
In California criminal law, “maximum term of imprisonment” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the California criminal code.
What does “maximum term of imprisonment” mean in California criminal law?
“maximum term of imprisonment” means the middle of the three time periods set forth in paragraph (3) of subdivision (a) of Section 1170 of the Penal Code, but without the need to follow the provisions of subdivision (b) of Section 1170 of the Penal Code or to consider time for good behavior or participation pursuant to Sections 2930, 2931, and 2932 of the Penal Code, plus enhancements which must be proven if pled. (Cal. Welf. & Inst. Code § 726)
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This reference is informational and is not legal advice.