The San Francisco 49ers got some resolution on one of their remaining offseason court matters, as Aldon Smith's sentencing hearing was moved up a week earlier than expected. First and foremost, the three gun charges were reduced to misdemeanors. The judge was allowed to do this because the gun possession charges were "wobblers" under California law, which means they could have been viewed as felonies OR misdemeanors.
Smith was then sentenced to 12 days in county jail with 1 day credit for the DUI charges, and 3 years of court probation. He was also sentenced to 12 days with 1 day credit for the weapons charge, but it will run concurrently with the DUI days. Additionally, he has to do 235 hours of community service. Finally, he was fined $2,000, and cannot possess guns or ammunition for the three years of his probation.
The 11 days in jail can be served on a weekly Monday work crew starting July 28. We'll look for more details on how exactly the work crew would work. Often first time DUI convictions result in picking up trash on the side of the yard, or other such work. We'll see if Aldon just serves the 12 days before the season starts, or if he spends 11 Mondays picking up garbage.
The judge had previously scheduled sentencing for July 25, but was moved up due to a family emergency for the prosecutor. During the hearing, the defense asked that the gun charges be reduced to misdemeanors, and Smith said, "I would like to apologize for my actions, and will abide by any order you give." The prosecutor told the judge that Smith was partying with members of the Norteño street gang on the night the guns were seized.
Now that his sentence has been determined, the next question is what kind of suspension he might face under the league's personal conduct policy. Mike Garafolo reported the 49ers were expecting a suspension of 4-6 games. The league has said they will factor in his time in rehab, but it remains to be seen how exactly it will factor in. NFL spokesperson Greg Aiello simply said the situation would be reviewed under the league's policies.