In California, a felony is a criminal offense punishable by more than one year in custody.
Felonies are the most serious classification of crimes under California law and may result in state prison, county jail, substantial fines, formal probation, and long-term collateral consequences.
California criminal offenses are generally divided into two primary categories:
-
Felonies (more than one year in custody)
-
Misdemeanors (up to one year in county jail)
Because felony convictions carry lasting consequences, early legal representation is critical.
Your best chance at a positive outcome is with an experienced California criminal defense attorney at Cron, Israels & Stark. To schedule a consultation, call (424) 372-3112 or use the contact form here.
How Serious Is a Felony in California?
A felony conviction can result in:
-
State prison or county jail time
-
Fines up to $10,000
-
Loss of firearm rights
-
Immigration consequences
-
Professional license discipline
-
Employment limitations
California Penal Code Section 1192.7(c) identifies crimes classified as “serious felonies” under California law.
Most felony convictions also carry long-term collateral consequences that affect housing, employment, and background checks.
The statute of limitations for most California felonies is three years, although serious crimes such as murder have no statute of limitations.
What Is a “Straight” Felony?
A “straight” felony is a crime that can only be charged as a felony and cannot be reduced to a misdemeanor.
Examples of straight felonies include:
-
Penal Code 187 – murder
-
Penal Code 261 – rape
-
Penal Code 288 – lewd acts with a minor
-
Penal Code 215 – carjacking
-
Penal Code 192(c) – vehicular manslaughter with gross negligence
Many straight felonies qualify as “strike” offenses under California's Three Strikes Law.
A straight felony conviction typically results in a state prison sentence unless probation is granted in limited circumstances.
What Is a “Wobbler” Crime?
Many California crimes are classified as “wobblers,” meaning the prosecutor has discretion to file the case as either a misdemeanor or felony.
Common wobblers include:
-
Penal Code 459 – burglary
-
Penal Code 470 – forgery
-
Penal Code 273.5 – corporal injury to a spouse
-
Penal Code 245(a)(1) – assault with a deadly weapon
-
Penal Code 422 – criminal threats
-
Penal Code 646.9 – stalking
When charged as a felony, a wobbler offense may be reduced to a misdemeanor:
-
At the preliminary hearing
-
At sentencing
-
Through a Penal Code 17(b) motion
Wobbler offenses create opportunities for negotiation and reduction.
What Happens at a Felony Preliminary Hearing?
If you are charged with a felony, you are entitled to a preliminary hearing.
At this hearing, the prosecution must show probable cause that:
-
A felony was committed
-
You committed the offense
Your defense attorney can:
-
Cross-examine witnesses
-
Challenge the evidence
-
File a Penal Code 995 motion to dismiss if the evidence is insufficient
If the judge finds probable cause, the case proceeds to arraignment in the superior court.
Common Felony Charges in California
Some of the most frequently charged felony offenses include:
-
Penal Code 211 – robbery
-
Penal Code 664/187 – attempted murder
-
Penal Code 207 – kidnapping
-
Penal Code 245(a)(2) – assault with a firearm
-
Penal Code 311.1 – child pornography
-
Penal Code 487 – grand theft
Each felony has its own sentencing structure and potential enhancements.
What Are the Penalties for a Felony?
California felony sentencing often follows a “triad” system:
-
Low term
-
Middle term
-
High term
Judges typically impose the middle term unless aggravating or mitigating factors justify deviation.
California Penal Code Section 1170 governs felony sentencing in many criminal cases across California.
California Penal Code 29810 PC requires certain individuals who are prohibited from possessing firearms to relinquish, surrender, sell, or transfer their firearms in compliance with the law.
Aggravating Factors
-
Use of a weapon
-
Violence or serious injury
-
Prior criminal record
Mitigating Factors
-
Minimal prior record
-
Minor participation
-
Demonstrated rehabilitation
Felony penalties may include imprisonment in county jail or state prison, depending on the statute.
What Is Felony Probation?
In many felony cases, a judge may grant formal probation instead of prison time.
Felony probation usually lasts three to five years and may include:
-
Meetings with a probation officer
-
Drug or alcohol testing
-
Counseling or anger management
-
Community service
-
Payment of fines and restitution
Judges may also order up to one year in county jail as a condition of probation.
If probation is violated, the judge may impose the original prison sentence.
Collateral Consequences of a Felony Conviction
A felony conviction can lead to:
-
Loss of firearm rights under state and federal law
-
Immigration consequences
-
Professional license suspension
-
Difficulty securing employment or housing
-
Registration requirements for certain offenses
These consequences can last long after custody ends.
California Penal Code Section 3455 outlines the rules and penalties for violations of community supervision, as well as the consequences courts may impose for breaching supervision conditions after release from prison.
Frequently Asked Questions About Felony Crimes in California
What makes a crime a felony in California?
A crime is classified as a felony if it carries a potential sentence of more than one year in custody.
Can a felony be reduced to a misdemeanor?
Yes, if the offense is a “wobbler.” A judge may reduce certain felony charges to misdemeanors under Penal Code 17(b).
Do all felonies result in prison?
No. Many defendants receive felony probation instead of prison time, depending on the charge and criminal history.
What is the Three Strikes Law?
California's Three Strikes Law increases penalties for defendants convicted of multiple serious or violent felonies.
How long does a felony stay on your record?
A felony remains on your criminal record unless expunged or otherwise reduced. Certain felonies may be eligible for post-conviction relief.
Can a convicted felon own a firearm?
No. Under both California and federal law, convicted felons are prohibited from owning or possessing firearms.
Why You Need an Experienced Los Angeles Felony Defense Attorney
Felony charges carry life-changing consequences. Early legal intervention can:
-
Challenge weak evidence
-
Reduce charges
-
Avoid strike consequences
An experienced Los Angeles criminal defense attorney understands how local prosecutors and judges handle felony cases and can develop a strategy tailored to your situation.
If you are under investigation or have been charged with a felony in Los Angeles or Southern California, immediate legal representation can significantly impact the outcome of your case.
The Los Angeles-based criminal defense attorneys at Cron, Israels & Stark are here to help. Schedule your consultation today.
