What is a Felony in California?

A felony in California is a serious criminal offense that carries severe penalties, including imprisonment in state prison. Unlike misdemeanors, which are less serious and punishable by up to one year in county jail, felonies can lead to much longer sentences and more significant consequences.

Definition and Minimum Sentence

In California, a felony is defined as a crime punishable by more than one year in state prison. According to California Penal Code 17(a), felonies can also result in the death penalty or life imprisonment for the most severe crimes. This is in stark contrast to misdemeanors, which are generally punishable by fines and shorter jail terms.

Comparison with Misdemeanors

The key differences between felonies and misdemeanors lie in the severity of the crime and the penalties involved:

• Felonies: Serious offenses such as murder, rape, and armed robbery. Punishable by more than one year in state prison, hefty fines, and long-term consequences like loss of voting rights and gun ownership.
• Misdemeanors: Less severe crimes like petty theft or simple assault. Punishable by up to one year in county jail and smaller fines.

Some crimes, known as “wobbler offenses,” can be charged as either a felony or a misdemeanor, depending on the circumstances and the prosecutor’s discretion.

Wobbler Offenses

“Wobbler offenses” are unique to California and can be charged as either a felony or a misdemeanor. Examples include:

• Sexual Assault
• Assault with a Deadly Weapon
• Vandalism

The prosecution’s decision to charge a wobbler offense as a felony or misdemeanor often hinges on the specifics of the case, including the defendant’s criminal history and the details of the crime. This flexibility can significantly impact the severity of the penalties faced.

Understanding the distinction between felonies and misdemeanors is crucial for anyone navigating the criminal justice system in California. If you are facing felony charges, seek expert legal advice to ensure your rights are protected.

Next, we’ll dive into the various types of felonies in California, detailing which crimes fall under each category and the associated penalties.

Types of Felonies in California

Straight Felonies

Straight felonies are the most severe criminal offenses in California. These crimes are always charged as felonies and cannot be reduced to misdemeanors. They often involve significant harm to victims or society and come with harsh penalties, including long prison sentences.

Examples of straight felonies include:

• First-degree armed robbery
• Murder
• Rape
• Sale of a Schedule I or II drug
• Lewd actions with a child under 14

These crimes also count as strikes under California’s Three Strikes Law, which can lead to life imprisonment upon a third conviction.

Wobbler Felonies

Wobbler felonies are unique in that they can be charged as either a felony or a misdemeanor. The decision rests with the prosecutor, who will consider factors like the specifics of the crime and the defendant’s criminal history.

Examples of wobbler felonies include:

• Sexual assault
• Assault with a deadly weapon
• Acts of vandalism
• Forgery
• Family violence

The flexibility of wobblers means that a skilled defense attorney can sometimes negotiate for these charges to be reduced to misdemeanors, which carry less severe penalties.

Understanding the differences between straight felonies and wobbler felonies is crucial for anyone facing criminal charges in California. The classification can significantly impact the severity of the penalties and the overall outcome of the case.

Next, we’ll explore some specific examples of felonies in California, providing a clearer picture of what these crimes entail and their potential consequences.

Examples of Felonies in California

Murder

Murder is one of the most severe felonies in California. It involves the unlawful killing of another person with malice aforethought. Convictions can lead to life imprisonment or even the death penalty. For instance, under California Penal Code 187, first-degree murder can result in a sentence of 25 years to life in state prison.

Rape

Rape is another grave felony, defined as non-consensual sexual intercourse accomplished through force, fear, or fraud. Convictions under California Penal Code 261 can lead to up to 13 years in state prison. Additionally, convicted individuals must register as sex offenders for life.

Burglary

Burglary involves entering a structure with the intent to commit theft or any felony. Under California Penal Code 459, first-degree burglary (residential) can result in 2, 4, or 6 years in state prison, while second-degree burglary (commercial) carries 16 months, 2, or 3 years in county jail.

Robbery

Robbery is the act of taking property from someone else by force or fear. Under California Penal Code 211, first-degree robbery (e.g., robbing someone in their home or a driver of a vehicle) can lead to 3, 4, or 6 years in state prison. Second-degree robbery carries 2, 3, or 5 years.

Arson

Arson involves willfully setting fire to property. Convictions under California Penal Code 451 can lead to varying prison terms depending on the severity. For instance, arson causing great bodily injury can result in up to 9 years in state prison.

Sale of Controlled Substances

Selling controlled substances like methamphetamine or heroin is a serious felony. Penalties vary based on the type and quantity of drugs involved. For example, under California Health and Safety Code 11352, selling heroin can result in 3, 4, or 5 years in state prison.

Vehicular Manslaughter

Vehicular manslaughter involves causing the death of another person through negligent or unlawful driving. Under California Penal Code 192(c), penalties can range from probation to 10 years in state prison, depending on whether gross negligence or intoxication was involved.

These examples highlight the range of felonies in California and their severe consequences. Understanding these crimes and their penalties can help individuals better navigate the legal landscape.

Next, we’ll dive into the penalties for felonies in California, including incarceration, fines, and probation.

Penalties for Felonies in California

When convicted of a felony in California, the penalties can be severe and varied. Let’s break down the key types of penalties: incarceration, fines, and probation.

Incarceration

Incarceration for felonies in California can mean time in either a county jail or state prison. The length of the sentence generally depends on the seriousness of the crime.

• State Prison: Most serious felonies result in state prison sentences. These can range from a minimum of 16 months to life in prison. For example, first-degree burglary can lead to a state prison term of two, four, or six years.
• County Jail: Some felonies, especially those classified under “wobbler” offenses, might result in county jail time instead. According to California Penal Code 1170(h), terms can be 16 months, two years, or three years.

Fines

In addition to incarceration, felony convictions can also come with hefty fines.

• Up to $10,000: According to California Penal Code 672, fines can be as high as $10,000. These fines can be imposed alongside or instead of a prison sentence.
• Additional Penalties: Some crimes may carry specific fines in addition to this general limit. Always check the specific statute for the crime in question.

Probation

In some cases, judges may opt for formal (felony) probation instead of a long prison term. This allows offenders to serve their sentence under supervision rather than behind bars.

• Conditions: Felony probation often includes conditions like monthly meetings with a probation officer, payment of victim restitution, drug testing, and community service.
• Duration: Probation usually lasts up to two years for non-violent felonies. However, for more severe crimes involving significant amounts of money or violent acts, probation can extend up to three years.

Violating probation can result in severe consequences, including revocation of probation and serving the original prison sentence.

Understanding these penalties can help you or a loved one navigate the complexities of the California legal system. If you have questions or need legal assistance, don’t hesitate to contact Inland Empire Criminal Defense at (909) 939-7126.

Collateral Consequences of a Felony Conviction

A felony conviction in California can have far-reaching effects beyond the immediate penalties of incarceration, fines, or probation. These collateral consequences can impact various aspects of your life, including job opportunities, gun ownership, and even where you can live. Understanding these consequences is crucial for anyone facing felony charges.

Job Applications

One of the most significant collateral consequences of a felony conviction is its impact on employment. Many employers conduct background checks and may be hesitant to hire someone with a felony record. This can be a major barrier to finding stable, well-paying jobs.

Example: Nearly 8 million Californians have a criminal record. This often makes it difficult for them to secure employment, as many employers are reluctant to hire individuals with a felony conviction.

Gun Ownership

A felony conviction in California usually results in the loss of the right to own or possess firearms. This can be a lifetime ban, depending on the nature of the felony.

Fact: Under California law, individuals convicted of a felony are generally prohibited from owning or possessing firearms. This restriction is aimed at reducing the risk of further violent crimes.

Sex Offender Registration

If your felony conviction is related to a sex crime, you may be required to register as a sex offender under California’s Megan’s Law. This can have severe social and professional consequences, as your information will be publicly accessible.

Quote: “Being convicted of a California felony doesn’t have to mean the end of your civil rights,” says Riverside criminal defense attorney Michael Scaffidi. However, sex offender registration is one of the most stigmatizing collateral consequences of a felony conviction.

Three Strikes Law

California’s Three Strikes Law imposes harsher sentences on individuals with prior felony convictions. A second felony conviction can double the typical sentence, and a third strike can result in 25 years to life in prison.

Case Study: Los Angeles County no longer increases sentences based on prior strikes, but the Three Strikes Law still poses a significant risk for repeat offenders in other parts of California.

Facing these collateral consequences can be overwhelming. If you or a loved one is dealing with a felony charge, understand your rights and explore all available legal options. For personalized defense strategies, contact Inland Empire Criminal Defense at (909) 939-7126.

Reducing and Expunging Felony Convictions

Reducing a Felony to a Misdemeanor

In California, some felonies can be reduced to misdemeanors under Penal Code 17(b). These are known as “wobbler” offenses, which means they can be charged either as a felony or a misdemeanor, depending on the circumstances.

Examples of wobbler offenses include:

• Assault with a deadly weapon
• Domestic violence
• Forgery
• Vandalism

To qualify for a reduction, you must complete your probation without any violations. Once probation is successfully completed, you can file a Penal Code 17(b) motion to have your felony reduced to a misdemeanor.

Benefits of reducing a felony to a misdemeanor:

• Gun Ownership: Most people with an expunged misdemeanor can possess a gun, unlike those with a felony.
• Employment: You can legally state that you have not been convicted of a felony on most job applications.
• Voting Rights: Misdemeanors do not affect your right to vote.

Expunging a Felony Conviction

Expunging a felony conviction is a legal process that allows you to clear your criminal record. Under Penal Code 1203.4, you can petition to have your conviction expunged if you meet specific criteria.

Criteria for expungement:

• You were not sentenced to incarceration in state prison.
• You are not currently facing charges, on probation, or serving a sentence for another offense.
• The conviction was not for certain sex offenses or violent crimes.

Benefits of expungement:

• Employment Opportunities: You do not need to disclose an expunged conviction on most job applications.
• Housing: Easier access to rental properties as many landlords conduct background checks.
• Licensing: Improved chances of obtaining professional licenses.

Limitations of expungement:

• Government Jobs: Expunged convictions must still be disclosed when applying for state or government jobs.
• Gun Rights: Expungement alone does not restore gun ownership rights if the original conviction was a felony.
• Sex Offender Registry: Expungement does not eliminate the requirement to register as a sex offender.

By understanding the processes of reducing and expunging felony convictions, you can take critical steps towards a fresh start. For personalized legal assistance, contact Inland Empire Criminal Defense at (909) 939-7126.

Frequently Asked Questions about Felonies in California

What are the levels of felonies in California?

In California, felonies are categorized based on their severity:

• Straight Felonies: These are the most serious crimes, such as murder and rape, and are always charged as felonies.
• Wobbler Felonies: These can be charged either as a felony or a misdemeanor, depending on the prosecutor’s discretion and the specifics of the case. Examples include domestic violence and vandalism.

The punishment for a felony generally involves imprisonment for more than one year, which distinguishes it from a misdemeanor.

How long do you go to jail for a felony in California?

The length of imprisonment for a felony in California varies:

• Low-term: Minimum sentences like 16 months.
• Middle-term: Standard sentences like 2 years.
• High-term: Maximum sentences like 3 years.

Some felonies have specific terms defined by statutes. For example, first-degree burglary can result in a state prison term of two to six years. In severe cases, such as murder, the sentence could be life imprisonment or even the death penalty.

Probation: Instead of a lengthy prison sentence, a judge may grant formal probation. This allows the offender to serve up to one year in county jail and fulfill other conditions like community service or drug testing.

Can a felony conviction be expunged in California?

Yes, a felony conviction can be expunged under certain conditions:

• Criteria: You must have completed felony probation successfully. Expungement is not available for all felonies, especially serious ones like certain sex crimes.
• Process: The court reopens your case, dismisses your guilty plea or verdict, and replaces it with a not-guilty verdict.
• Benefits: Expungement can relieve you from many restrictions, such as disclosing your conviction to employers. However, it doesn’t completely erase the conviction from your record.

Limitations: Expunged convictions must still be disclosed for government jobs, and expungement does not restore gun rights or remove the requirement to register as a sex offender.

For personalized legal assistance, contact Inland Empire Criminal Defense at (909) 939-7126.

Conclusion

Facing felony charges in California can be daunting. The legal consequences are severe, and the process is complex. But you don’t have to navigate this alone. At Inland Empire Criminal Defense, we specialize in crafting personalized defense strategies tailored to your unique situation.

Our experienced attorneys understand the intricacies of California’s legal system. We are committed to protecting your rights and seeking the best possible outcome for your case. Whether it’s reducing a felony to a misdemeanor or pursuing an expungement, we have the expertise to guide you through every step.

We offer free consultations to discuss your case and explore your options. This initial discussion helps us understand your needs and allows us to provide tailored advice.

Contact us today at (909) 939-7126 to schedule your consultation. Let us put our expertise to work for you and help you navigate through your felony charges in California.

For more information, visit our service page. Your path to justice starts here.