What Is a Felony in California

Handcuffs and a wooden gravel sit on a California criminal defense lawyer's desk. An experienced attorney can explain to defendants what is a felony in California.

A felony in California is a serious criminal offense that is more severe than a misdemeanor. Under California law, felonies include a wide range of crimes, including violent offenses like murder, as well as non-violent crimes such as certain drug offenses.

Felonies are punishable by more than one year of imprisonment, which can be served in state prison or, in some cases, in county jail. The severity of the punishment depends on the specific crime and the defendant’s prior criminal record, among other factors. A criminal defense lawyer in Los Angeles will protect your rights.

How California Law Defines a Felony

California law defines a felony as a crime that is punishable by more than one year of imprisonment. The state’s Penal Code lists specific crimes considered felonies. Not all felonies are violent crimes; for example, large-scale theft is also classified as a felony.

The Difference Between a Felony and a Misdemeanor

California has two main classifications of crimes: felonies and misdemeanors. The primary difference between a felony and a misdemeanor lies in the severity of the crime and the corresponding punishment.

Felonies are serious offenses punishable by more than one year of imprisonment and high fines. Misdemeanors, on the other hand, are less severe crimes punishable by up to one year in county jail, fines, or both.

Additionally, felonies often result in more significant long-term consequences, such as loss of voting rights, difficulty finding employment, and restrictions on owning firearms. In contrast, misdemeanors generally have less severe post-conviction repercussions.

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Straight Felony vs. Wobbler Offense

Felony crimes in California include a wide range of serious offenses and can be either straight or wobbler. The type and severity of the offense determine the classification. If you were charged with a felony, seek immediate legal representation from an experienced criminal defense attorney.

Straight Felonies

A straight felony is a crime that can only be charged and sentenced as a felony, with no option for the charge to be reduced to a misdemeanor. These offenses are inherently serious and carry severe penalties, including lengthy prison sentences. Working with a criminal defense lawyer will protect your interests throughout the legal proceedings.

The most common felony charges in California include:

Wobbler Offenses

Conversely, a wobbler offense is a crime that can be prosecuted either as a felony or a misdemeanor, depending on the circumstances of the case and the defendant’s criminal history. Your criminal defense lawyer in California will work to achieve the most favorable outcome based on the specifics of your case.

The following offenses are considered wobbler felonies in California:

The prosecutor’s discretion, the facts of the case, and the defendant’s background play crucial roles in determining how a wobbler felony is charged. If convicted of a wobbler felony, a judge may also have the discretion to reduce the conviction to a misdemeanor during sentencing or upon successful completion of probation.

Penalties for a Felony Conviction

Sentencing for a felony in California can involve imprisonment in state prison or county jail and a fine of up to $10,000. Still, judges may also grant formal felony probation, typically lasting three to five years, with conditions like monthly meetings with a probation officer, drug testing, community service, and paying victim restitution.

Felony offenses are generally punishable by one of three terms: low, middle, or high. The middle term is the most common unless there are aggravating factors (e.g., use of a weapon or violence) or mitigating factors (e.g., no prior criminal record or minor involvement).

A Criminal Defense Lawyer Can Help With Felony Charges in California

At Simmrin Law Group, we have decades of collective experience protecting the rights of our clients in California. We have served thousands of clients and continue to fight for the best possible outcome with every case.

If you were charged with a felony in California, we will investigate the allegations against you. We will also build a strong defense strategy to diminish the penalties or get the charges dropped. Call us today for a confidential consultation.

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What Is a Felony in California?