What is a felony?

After infractions and misdemeanors, a felony is the most serious type of crime. In California, most serious crimes are “straight” felonies, which means they cannot be reduced to misdemeanors. Examples of straight felonies include murder, rape, lewd acts with a child under 14, and the sale of a controlled substance.

In some cases, a crime can be charged as a felony or a misdemeanor. The prosecutor determines the category for these “wobbler” felonies, depending on the offender’s criminal history and the facts of the specific incident. Wobbler felonies include assault with a deadly weapon, domestic violence, forgery, and vandalism.

What is the punishment for a felony?

In California, a felony results in a maximum sentence of more than one year in jail or prison. For the most serious felonies, the offender can even face the death penalty. In addition to imprisonment, a person convicted of a felony in California may also be fined up to $10,000.

Many felony sentences fall under California Penal Code 1170(h) PC, which provides a judge the authority to determine the convicted offender’s prison sentence from 16 months to 3 years.

As an alternative to prison, a California judge can sentence an offender to be formal (felony) probation. In this case, the person convicted of a felony serves all or part of the sentence in the community and under the supervision of a probation officer.

Three Strikes in California

California has a uniquely harsh sentencing policy that adds significantly to the prison sentences of individuals who are convicted three times of serious or violent felonies. In most cases, all three convictions must be for serious or violent felonies before the repeat offender is given the maximum sentence of 25 years to life in prison.

What to do if you are charged with a felony

If you are charged with a felony in California, you can face serious consequences that could affect you and your family for the rest of your life. From the point of your arrest, take the right steps to avoid unnecessary or unexpected consequences.
Here are some steps you can take to protect yourself:

• Remain silent. The Fifth Amendment gives you the right to remain silent to avoid incriminating yourself in a criminal case. Although you might be tempted to explain your side of the story to law enforcement officers, don’t do that. If you’re in police custody, refuse to answer any questions until your lawyer is present. If they insist that you answer, politely remind them about the Fifth Amendment.
• Contact your attorney. This should happen as quickly as possible. If you are facing a felony charge, your lawyer should be present throughout the entire process, for every interaction with investigating officers and prosecuting attorneys. Since your lawyer is there to represent you and your best interests, be honest with them about the case and your circumstances from the beginning.
• Understand the situation. Your attorney should clearly explain your rights, the charges you are facing, the possible prison time or fines that might result, and your options to fight the charges, negotiate a plea bargain, or otherwise. If anything is unclear, ask your lawyer every question you have.
• Remain calm. This is certainly easier said than done. Try to remain calm and patient through the process. If you lose your temper or become too anxious, you might make matters worse for yourself. Even if you have been falsely accused of a felony, remain calm and work with your attorney to challenge the charges.

Choosing a criminal defense attorney

If you have been accused of a felony, choosing your criminal defense attorney is serious business. In San Diego, you have plenty of qualified lawyers to choose from. However, you want someone who will represent you with knowledge, experience, and care.

King Aminpour Car Accident Lawyer, has extensive experience helping clients navigate San Diego’s criminal courts. For 20+ years, we have defended individuals who have been accused of felonies, always ensuring them a fair and just outcome. Because we’re experts in California criminal law, we will prepare your case thoroughly and thoughtfully. And perhaps most important, we will communicate with you throughout the process, ensuring you understand your rights and you are always heard and represented honestly.