In California, a felony is any offense that can result in a maximum sentence of over one year in jail.
In California, any criminal offense that can result in 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 less than one year.
A felony crime is the most serious, and a conviction will carry other serious consequences, including a state prison sentence and large fines.
For instance, many felony convictions carry additional punishment under California's “Three Strikes” Law. Felony convictions also make it difficult for someone 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 where it must be shown 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
A defendant can challenge the charges at the preliminary hearing at the trial court with a California Penal Code 995 PC motion to dismiss.
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 the state of California, there are many offenses called a “wobbler,” which means the prosecutor has the discretion to file the case as either misdemeanor or felony crime.
Many California crimes are a “wobbler” that can be charged as either a misdemeanor or felony crime.
The prosecutor will consider some important factors in order to decide how to file the case, including the circumstances of the case and the defendant's prior criminal history. 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 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 personally and might have to post bail to secure 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 up to $10,000.
Sentencing for a California felony crime includes time in a county jail or state prison and 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 (capital crime), a defendant could be sentenced to 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.
In some criminal statutes, it will dictate if a sentence can be served in a county jail or 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.
Mitigating and aggravating factors
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 little or no prior criminal record or being a minor participant in committing 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 in lieu of spending time in jail.
In most felony cases, a defendant can be sentenced to probation for three to five years rather than spending time in jail.
It should be noted that if a judge decides to grant probation in a felony case, they might order the defendant to first spend up to one year in county jail.
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.
If the defendant violates any terms of their felony probation, the judge has the option to revoke the probation and send the defendant to jail for the maximum sentence of their felony crime.
It's also possible that the judge could just increase the length of probation and impose stricter conditions.
Collateral consequences for felony conviction
Anyone who was convicted of any type of California felony crime will also have 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 a situation where guilt is not in doubt, then we will work on a strategy to minimize the consequences of a felony conviction. In many types of California felony crimes, probation can be an option rather than jail time.
Contact Cron, Israels & Stark to learn how we can defend you against a felony charge.
You can increase your chances of receiving probation if you follow a specific defense strategy after you have been charged.
This would include making an agreement to participate in drug or alcohol treatment and anger management counseling, among others.
Our Los Angeles criminal defense attorneys could possibly negotiate with the prosecutor to get your charges reduced or even dismissed.
Also, through prefiling intervention, it might be possible to negotiate with 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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