What Will Dr. Murray Face If Convicted?
First Published: November 4, 2011 11:05 AM EDT Credit: Getty Images
LOS ANGELES, Calif. -- If Dr. Conrad Murray is convicted of involuntary manslaughter in the death of Michael Jackson, hewould face a sentence ranging from probation to four years in prison. Here are some of the factors related to sentencing:
— Superior Court Judge Michael Pastor would have complete discretion to decide the sentence. He would receive a probation department report on Murray recommending a sentence. Both prosecution and defense attorneys also would file recommendations. But the decision is his and his alone.
— The judge can consider that Murray is a defendant with no prior criminal record, a circumstance that might mitigate in favor of probation.
— Because of AB109, a recent California prison realignment bill, Murray probably would not go to state prison. If given a prison sentence, he would most likely serve it in the county jail because of prison overcrowding. There has been speculation that he would be allowed to serve a term of house arrest.
— The penal code calls for a convicted defendant to be sentenced in 20 days, but he can waive that time while his attorneys prepare a motion for new trial and an appeal. He could remain free on bail during that period.
— Murray would lose his medical license.
If there is an acquittal, Murray walks free and his bail is exonerated, but he might still lose his medical license.
Copyright 2013 by The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.