Felonies: General Information

Felonies Criminal DefenseCalifornia’s legal system divides crimes into three primary categories: infractions, misdemeanors, and felonies. Felonies are the most serious offenses and carry significant legal consequences, including prison sentences, substantial fines, and long-term collateral impacts. It is essential to retain a skilled attorney who understands the nature of felonies in California, their penalties, their defenses, and how they are prosecuted.

What is a Felony in California?

Under California law, a felony is defined as a crime punishable by imprisonment in state prison, incarceration in county jail for more than one year, or death. Unlike misdemeanors, which are less severe and result in jail time of up to one year, felonies can lead to extended sentences, especially when the crime involves aggravating factors, such as violence or prior convictions.

The specific punishment for a felony depends on the nature and severity of the crime, prior convictions, and any enhancements or mitigating circumstances.

Types of Felonies in California

California categorizes felonies into several groups based on their seriousness and potential penalties. Below are main classifications of felony crimes in the state:

VIOLENT FELONIES – Violent felonies involve physical harm or the threat of harm to another individual. These offenses are considered some of the most egregious crimes and carry enhanced penalties under California’s “Three Strikes” law.

Examples include:

  • Murder and Manslaughter (Penal Code 187, 192): Homicide, whether intentional or reckless, is a violent felony that can result in life imprisonment or the death penalty.
  • Rape (Penal Code 261): Non-consensual sexual intercourse often carries severe prison sentences, especially when involving force or minors.
  • Robbery (Penal Code 211): Taking property from someone through force or fear is a violent felony punishable by significant prison time.
  • Assault with a Deadly Weapon (Penal Code 245): Assault involving weapons like guns or knives escalates the offense to a violent felony.

SERIOUS FELONIES – Serious felonies overlap with violent felonies but may also include non-violent offenses with severe consequences. Crimes classified as serious felonies can trigger enhancements under California’s sentencing laws.

Examples include:

  • Burglary of an inhabited dwelling (Penal Code 459)
  • Arson (Penal Code 451)
  • Kidnapping (Penal Code 207)
  • Grand Theft involving significant amounts of money or property (Penal Code 487)

DRUG-RELATED FELONIES – Certain drug offenses, such as manufacturing or trafficking large quantities of illegal substances, are prosecuted as felonies. While possession of controlled substances for personal use may be a misdemeanor, large-scale distribution or manufacturing is far more serious.

Examples include:

  • Drug trafficking (Health & Safety Code 11352)
  • Manufacturing controlled substances (Health & Safety Code 11379.6)

WHITE-COLLAR FELONIES – White-collar crimes involve financial fraud or deceit and often result in significant financial losses to victims. While they may lack physical violence, these crimes are treated as felonies when they involve substantial damages.

Examples include:

  • Embezzlement (Penal Code 503)
  • Fraud (Penal Code 470, 487)
  • Insider trading or securities fraud

WOBBLER OFFENSES: MISDEMEANOR OR FELONY?  California also recognizes certain crimes as “wobblers,” meaning they can be prosecuted as either misdemeanors or felonies, depending on the circumstances. Factors such as the defendant’s criminal history, the severity of the crime, and prosecutorial discretion determine how a wobbler is charged.

Examples include:

  • Domestic violence (Penal Code 273.5)
  • Certain types of assault (Penal Code 245)
  • Certain types of theft (Penal Code 487)

Penalties for Felonies in California

California imposes severe penalties for felonies, which may include one or more of the following:

INCARCERATION – Felony sentences can range from 16 months to life imprisonment in state prison. For violent crimes or repeat offenders, sentences may be enhanced under California’s Three Strikes Law.

FINES – Convicted individuals may face fines up to $10,000, depending on the offense.

FELONY PROBATION – In some cases, judges may impose probation instead of prison time. Felony probation typically involves strict conditions, such as mandatory counseling, community service, classes, and regular check-ins with probation officers.

PAROLE – In California, parole is a period of supervision after a prisoner is released from prison. It’s a conditional release that allows an inmate to serve the remainder of their sentence in the community. The purpose of parole is to help the parolee reintegrate into society and protect the public. To be eligible for parole in California, a prisoner must:

  • Serve the minimum amount of incarceration required by the crime
  • Have a parole hearing

The parole hearing considers many factors, including:

  • The severity of the crime
  • The parolee’s insight into the causes of their criminal behavior
  • The parolee’s conduct while in prison
  • The parolee’s efforts to reintegrate into society

Parole typically follows more severe charges and longer sentences, while probation tends to be an option for lower-level crimes, first offenses, and non-violent offenses.

RESTITUTION – Defendants may be required to pay restitution to victims to compensate for financial losses, medical bills, or property damage.

LOSS OF RIGHTS – Felony convictions carry collateral consequences, including:

  • Loss of the right to vote while incarcerated
  • Prohibition from owning or possessing firearms
  • Difficulty securing employment or housing
  • Potential deportation for non-citizens

THE THREE STRIKES LAW – California’s Three Strikes Law, enacted in 1994, significantly impacts felony sentencing. Under this law:

  • A second felony conviction (a “strike”) for a serious or violent crime results in double the normal sentence.
  • A third felony conviction involving a serious or violent crime triggers a prison sentence of 25 years to life.

Note that this law has been reformed to reduce excessive penalties for non-violent crimes.

Defenses Against Felony Charges

Individuals charged with felonies have constitutional rights and legal defenses available to challenge their charges. Common defenses include:

Mistaken Identity: Proving that the accused was not the perpetrator because he has been misidentified.

Lack of Intent: Demonstrating that the defendant did not act with criminal intent.

Self-Defense: Justifying actions taken to protect oneself or others from harm.

Constitutional Rights Violations: Challenging unlawful searches, seizures, or violations of Miranda rights. Evidence obtained illegally may be suppressed.