Felony vs. Misdemeanor
Know the Difference
California felonies encompass a wide range of offenses; everything from nonviolent crimes like petty theft (shoplifting) with a prior to more violent crimes such as domestic violence, criminal threats, assault with a deadly weapon, robbery, sex crimes and murder. A California felony is punishable by a state prison term in excess of 16 months or more. The sentence for a felony varies greatly depending on the seriousness of the crime, the harm to the victim(s), and the defendant’s prior criminal record. A misdemeanor in California is a less serious crime carrying with it possible county jail time of less than one year (or no jail) and/or a fine not exceeding $1,000 plus penalty assessments. Although generally considered minor, a California misdemeanor should be taken seriously because, if convicted, it results in your having a criminal record.

Felony Examples

Accused of a Felony?
Felony charges are serious. You should not face felony charges without a skilled and experienced los angeles criminal defense attorney at your side. Felony charges have serious and long-term consequences. When crimes are charged as felonies as opposed to misdemeanors, the need for an experienced and skilled criminal defense attorney is critical. Choosing the right criminal defense attorney can mean the difference between jail and freedom.

California Felony Law
A felony is a serious crime (more serious than a misdemeanor) punishable by a prison term of 16 months or more in a state prison up to life in prison. A felony comes with life-changing consequences. At best, a felony conviction could result in formal probation with little or no jail. At worst a felony conviction can get you a state prison sentence or even life in prison. But even the lightest felony conviction can ruin many aspects of everyday existence, limiting employment, housing opportunities, and quality of life for years to come. The consequences of a felony conviction are severe and require a knowledgeable and experienced criminal defense attorney to secure the best possible outcome for your case.

In 2003, 68% of adult California felony arrests resulted in conviction.

With that number in mind, it’s clear that an experienced criminal defense attorney of a California felony charge is critical.

Three Strikes Law
A felony conviction is disastrous anywhere in the United States, but the California Three Strikes Law is especially severe—making California the worst state in which to face a felony conviction.
California Penal Code section 667, known as the “Three Strikes And You’re Out” California felony law, requires that repeat offenders face increasingly elevated punishments. The “Strikes” are generally, but not exclusively, violent or serious felony convictions.

Despite the “Three Strikes” name, under California law, even one or two strikes can put a defendant in serious legal trouble, facing incredibly harsh punishments should they be convicted:

Wobblers
Under California law, a crime that can be prosecuted or charged as either a misdemeanor or a felony is a wobbler. When expungement or sentencing hang in the balance over the status of a wobbler, legal representation is especially critical. The right attorney can tip the justice scales in favor of a misdemeanor, and minimize the impact of “wobbler” crime.

Examples of Wobblers
Assault Battery Domestic Violence Hit and Run Embezzlement	Drug Offenses (Certain) Criminal Threats Fraud Vandalism Possession of Firearm

Felony Sentencing
In California, most felonies are punishable under the Determinate Sentencing laws. This means that when someone is convicted of a felony offense and sentenced to prison the judge may impose 1 of 3 prison terms---low, middle or high term. Usually the judge chooses the middle term. The term that is imposed (low, middle, or high) depends on many factors including the discretion of the judge. the seriousness of the crime, the criminal history of the defendant and other mitigating (less serious) or aggravating (more serious) factors. Some of the aggravating factors include:

• WHETHER the crime involved great violence or great bodily harm.
• WHETHER the defendant used a gun or a weapon at the time of the crime.
• WHETHER the victim was particularly vulnerable at the time of the crime.

Some of the mitigating factors include:

• WHETHER the defendant played an active or passive role in the crime.
• WHETHER the crime was committed under circumstances of coercion or duress or if the crime was partially excusable for some reason other than a defense.
• WHETHER the crime was committed because of unusual circumstances such as great provocation.

While most felonies are punishable under this Determinate Sentencing law, it is possible to avoid jail completely and arrange for an alternative sentence on a felony conviction. Your attorney can be the greatest single factor in determining the outcome of your felony conviction. Felony Expungements are also available to those convicted of a felony when the defendant has fulfilled the conditions of probation, has not picked up another criminal case, and did not serve a state prison sentence.