In California, a felony is any offense that can result in a maximum sentence of over one year in jail. In other words, any criminal offense that carries a maximum sentence of more than one year is considered a felony.
Anyone convicted of a felony crime in California can also be fined up to $10,000, and a judge has the option of imposing formal felony probation. The two major classifications of California crimes are felonies and misdemeanors, which carry a maximum sentence of one year or less.
A felony crime in California is a matter of utmost seriousness. It carries significant consequences, including a state prison sentence and substantial fines, making it an offense of grave concern that demands immediate legal attention. The severity of a felony crime cannot be overstated, and it is crucial to understand the gravity of the situation.
Many felony convictions in California come with additional penalties under the state's 'Three Strikes' Law. This law can significantly impact a person's life, making it difficult to secure certain types of employment and a professional license.
Under federal law, a convicted felon can own or have possession of a firearm or ammunition. Our Los Angeles criminal defense attorneys have provided a review below to help readers better understand California felony crimes.
What is a “Straight” Felony in California?
Some California crimes are a “straight” felony that can count as a “strike,” such as Penal Code 187 murder.
Under California law, there are some crimes called a “straight” felony, which means they can only be charged as a felony offense and will count as a “strike” on your record. Some common examples of straight felonies in California include:
- Penal Code 187 PC – murder
- Penal Code 261 PC – rape
- Penal Code 459 PC – first-degree burglary
- Penal Code 288 PC – lewd acts with a minor
- Penal Code 215 PC – carjacking
- Penal Code 192(c) PC – vehicular manslaughter with gross negligence
A “straight” felony can't be reduced to a misdemeanor. If you are convicted of one of the serious felony crimes listed above, you will most likely receive a sentence in a California state prison.
What are Some Common Felony Crimes?
Any person charged with a felony offense in California will have a preliminary hearing, during which it must be shown that the charges are supported by probable cause. Some of the most common California felony charges include:
- Penal Code 211 PC – robbery
- Penal Code 664/187 PC – attempted murder
- Penal Code 207 PC – kidnapping
- Penal Code 647.6 PC – child molestation
- Penal Code 311.1 PC – child pornography
- Penal Code 287 PC – grand theft
- Penal Code 245(a)(2) PC – assault with a firearm
At the preliminary hearing, a defendant has the right to challenge the charges with a California Penal Code 995 PC motion to dismiss. This is a crucial step in the legal process. If the trial court judge decides that there is insufficient evidence to hold the defendant, then the criminal charges will be dismissed.
What is a “Wobbler” Crime?
In California, many offenses are referred to as "wobblers,” which means the prosecutor has the discretion to file the case as either a misdemeanor or a felony.
Many California crimes are classified as “wobbler” crimes, which can be charged as either a misdemeanor or a felony.
The prosecutor will consider several key factors when deciding how to proceed with the case, including the specific circumstances of the case and the defendant's prior criminal record. Some of the most common California “wobblers” include:
- Penal Code 459 PC – burglary
- Penal Code 470 PC – forgery
- Penal Code 273.5 PC – corporal injury to a spouse
- Penal Code 245(a)(1) PC – assault with a deadly weapon
- Penal Code 243.4 PC – sexual battery
- Penal Code 261.5 PC – statutory rape
- Penal Code 422 PC – criminal threats
- Penal Code 646.9 PC – stalking
- Penal Code 271 PC – child endangerment
If you have been charged with a California “wobbler,” the preliminary hearing judge can reduce a felony case to a misdemeanor.
If you are “held to answer” for the felony crime, the judge will set another arraignment date. You will be legally required to appear in court in person and may be required to post bail to secure your release from custody.
What Are the Penalties?
The sentencing for a California felony crime includes:
- imprisonment at a state prison or county jail, and
- a maximum fine of up to $10,000.
Sentencing for a California felony crime typically includes a term in a county jail or state prison, as well as a fine of up to $10,000. It should be noted, however, that the judge has the discretion to sentence you to formal felony probation in lieu of jail time.
For the most serious felony crimes in California, such as first-degree murder (a capital crime), a defendant could face the most severe penalties, including life in prison without parole, or even the death penalty. California felony crimes are typically punishable by imprisonment for one of three terms, including:
- low term
- middle term, or
- high term.
Some criminal statutes dictate whether a sentence can be served in a county jail or a California state prison. Most people convicted of a felony crime are sentenced to the middle term unless the judge considers mitigating or aggravating factors that are presented to them.
For example, an “aggravating factor” could include whether a weapon was used to commit the underlying crime or whether the felony crime included violence or victim injuries.
“Mitigating factors” could include the defendant's minimal or nonexistent prior criminal record or being a minor participant in the commission of the felony crime.
What is Felony Probation in California?
In most California felony cases, a convicted defendant can be sentenced to probation for three to five years instead of jail time.
In most felony cases, a defendant can be sentenced to probation for three to five years rather than jail time. However, if a judge decides to grant probation in a felony case, they might order the defendant to spend up to one year in county jail first.
After they are released, they will be required to follow several terms and conditions of probation, including:
- monthly meetings with an assigned probation officer,
- drug and alcohol testing,
- payment of fines and court fees,
- community service hours,
- anger management classes,
- counseling and therapy sessions,
- restitution.
Suppose the defendant violates any terms of their felony probation. In that case, the judge has the option to revoke the probation and sentence the defendant to the maximum term of imprisonment for their felony offense.
It's also possible that the judge could just increase the length of probation and impose stricter conditions. Anyone convicted of a felony crime in California will also face several collateral consequences.
For example, a convicted felon will be prohibited from owning or possessing a firearm. Also, in certain sex crime convictions, a defendant might be required to register as a sex offender under California Penal Code 290 PC.
Criminal Defense Lawyers for California Felony Crimes
If you were accused of committing a felony crime in Los Angeles, avoiding a conviction is crucial to your future. In situations where guilt is not in doubt, we will develop a strategy to minimize the consequences of a felony conviction. Probation can be an alternative to jail time in many types of California felony crimes.
Contact Cron, Israels & Stark to learn how we can defend you against a felony charge. Following a specific defense strategy after being charged can increase your chances of receiving probation. This would include agreeing to participate in drug or alcohol treatment and anger management counseling, among others.
Our Los Angeles criminal defense attorneys could negotiate with the prosecutor to reduce or even dismiss your charges. Additionally, through pre-filing intervention, it may be possible to negotiate with the police and prosecutors to avoid the formal filing of charges.
Call our firm to review the details of your felony case. Cron, Israels & Stark is a top-ranked criminal defense law firm that represents clients throughout Southern California, including LA County, Ventura County, Orange County, Long Beach, and the San Fernando Valley. We are located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. Contact our office at (424) 372-3112.
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