Understanding Felony Crimes in California: Types, Penalties, and Probation

Understanding Felony Crimes in California: Types, Penalties, and Probation

Felony crimes are the most serious criminal offenses in California. Any crime that can result in a prison sentence of more than one year is classified as felonies. Knowing how to deal with these charges should be a top priority for anyone facing such accusations.

At Eisner Gorin LLP, we have seen many people who are inexperienced with California’s justice system committing mistakes when they try to handle these charges alone. Therefore, our team composed some basic information regarding felony crimes based on our collective years of experience handling various types of cases.

California Felony Crime Classifications

The two main classifications of criminal offenses are felonies and misdemeanors, with a felony offense being the most serious type. The state employs “three strikes” rules whereby certain past convictions increase the penalty for new convictions like violent or sex-related crimes resulting in long-term imprisonment or even life sentencing without parole.

In addition to an extended prison sentence and fines, having a felony record has other repercussions. For instance, felons’ employment opportunities become limited since many employers choose not to hire them due to their status. Moreover, convicted felons lose their voting rights and cannot hold public offices. Federal law also prohibits them from owning firearms or ammunition.

Therefore, avoiding a felony conviction is paramount when dealing with criminal proceedings where you may need an experienced defense lawyer capable of working out dismissals or reduced charges under negotiation circumstances.

Types of Straight Felonies

Straight felonies are those that cannot be labeled anything less severe than a felony charge; murder (Penal Code 187), rape (Penal Code 261), and first-degree burglary (Penal Code 459) are examples of straight felonies in California that earn offenders counts toward three-strike laws. These three-striker sentences often consist of lengthy terms within California state prisons.

Common Felony Charges in California Penal Codes include:
– Robbery (Penal Code 211)
– Murder (Penal Code 187)
– Attempted Murder(PC664/PC187)
– Kidnapping (Penal Code 207)
– Rape (Penal Code 261 )
– Child Molestation(Penal Code 647.6 )
– Child Pornography(Penal Code 311.1)
– Lewd Acts with a Minor( Penal Code 288)
– Grand Theft(penal code 487(c))
– Carjacking (Penal Code 215)
-Gross Vehicular Manslaughter or Reckless Driving Causing Death, PC192(c).
-Assault With a Firearm or on a police officer (PC245(a)(2))

Preliminary Hearing Requirements

Anyone facing felony charges proceeds to preliminary hearings where prosecutors demonstrate probable cause supporting said claims. It is at this stage that defense lawyers attempt to challenge the prosecution’s evidence and witnesses presented during the hearing.

Defendants can file for a California Penal Code motion called PC995 “motion to dismiss,” in which they contest their preliminary hearing before trial. If the judge rules that there was not enough convincing evidence provided by the prosecution during the hearing, then it will lead in dismissal of their case.

California Felony Conviction Penalties

The sentencing options remain broad when dealing with California felony conviction penalties because judges may prefer jail time or probation depending on the circumstances surrounding a case if probation is part of your sentence’s status you may be required to follow various terms and conditions like monthly meetings with an assigned probation officer, obey scheduled drug testing, maintain community service hours while paying victim restitution fees amongst others.

When imprisoning convicted felons, sentences are classified under low term & middle term; however, certain criminal statutes define whether violated convicts serve their sentences within county jails and/or state prisons unless mitigating factors come into play—that determine how much leeway inmates receive during sentencing.

Aggravating factors generally include violent crimes committed using a weapon, while mitigating factors would include no prior criminal records or being only minimally complicit to the crime. On the one hand, capital crimes such as first-degree murder have serious life consequences spanning from lifetime imprisonment without parole to even facing the death penalty if judges opt for either of them.

Wobbler Crimes in California

California law terms “wobblers” as any crime that can result presented for filing either as a felony or misdemeanor depending on various aspects judged differently by prosecutors when deciding what offense level to charge criminally accused individuals. One example is burglary (Penal Code 459), which allows prosecutors discretion about whether to file it under state misdemeanors and/or felonies through judge-determined arguments set forth.

Many other offenses also fall into this category, including:
– Corporal injury to spouse(PC273.5)
– Sexual Battery(Penal Code 243.4)
-Assault with deadly weapons(global threat)PC245(a)(1)

If an individual faces “wobblers” charges; they could get that charged reduced based on arguments put up by their defense attorney before holding defendant accountable for the original offense rendering them responsible after hearing gathered evidences against them explaining why they chose misdemeanors or felonies.

Felony Probation & Related Consequences

Following convictions whereby probation becomes part of offenders’ sentencing, especially within low-level felony cases, legal adjudicators may opt for formal probation over actual jail sentences lasting between three and five years requiring convicted felons thereafter adhering various required provisos whilst meeting monthly with specialized probation officers plus community services obligations regularly paying victim restitution fees amongst others placed upon convicts needing completing certifications concerning counseling severities like substance abuse treatments recommended anger management courses viewed helpful towards overall reform goals aimed at reducing recidivism rates.

In case probationary measures fail due to several reasons; violators will face tough penalties based on the magistrate’s discretion handling their cases. Violations could occur for drug abuse testings failure, counseling avoidance, anger management classes skipping or general non-compliance towards any other ordered bail-related demands resulting in probation revocation or extended terms.

Our Law Firm Can Help Mitigate Felony Conviction Consequences

Fight for avoiding California felony charges entirely as much as possible. In a case where it’s not likely to evade such accusations being pinned against you; focus shifts over to finding useful strategies capable of minimizing consequences that come alongside the conviction like prolonged prison sentences and restricted constitutional rights loss because of felons’ status maybe revoked during sentencing hearing if your legal defense is flawed when keeping whatever seems fit depending upon attorney negotiations with the prosecution side amongst others upholding clients’ fair interests & rights.

For over 30 years Eisner Gorin LLP has represented superior criminal defense assistance within various Californian courts meshing high-stakes law expertise with client trust relationships into successful winning outcomes rendering our law firm unrivaled representing committed believers in clients’ rights across diverse felony charges scenario types encountering along practice implementing novel mitigation techniques protecting defendants whilst delivering efficient, personalized attention attaining exemplary results for each unique circumstance encountered promptly.

Contact us now at (310) 328-3776 to secure an immediate consultation with one of our seasoned attorneys risking no comprise within this critical step towards mitigating these felonious accusations hence protect yourselves duly with California’s best criminal defense team!