There are three ways of classifying crimes in California: infractions, misdemeanors, and felonies. Infractions demand fines and other restrictions that don’t involve jail time, such as minor traffic tickets. Misdemeanors such as shoplifting and driving under the influence can range from spending a year in jail maximum or a $1,000 fine. Felonies involve the most serious crimes and can issue jail time longer than a year, high fines, parole, and in extreme cases, death.
Because different kinds of crimes count as felonies, there are various ways of being given a sentence. Some misdemeanors may be elevated as a felony because of criminal repetition. In California, the Three Strikes Law in felony conviction ensures that each time an offender commits the same crime, the kind of punishment given is elevated. For example, a person can face doubled prison sentences on the second conviction, and a third conviction can spell out 25 years of incarceration to life in prison without parole.
Table of Contents
Different Types of Felonies
Straight Felony
Straight felonies refer to crimes that can be charged and sentenced only as a felony, regardless of context. It cannot be reduced to a lesser offense or as a misdemeanor. They qualify for the Three Strikes Law. Examples of straight felonies include:
Homicide
- First-degree murder: killing someone using poison, torture, or firearms, or killing someone while committing another crime like rape or arson
- Second-degree murder
- Manslaughter: voluntary, involuntary, or vehicular (with gross negligence)
Sex-related crimes
- Rape
- Pimping and pandering
- Child molestation and lewd acts with a child
Mayhem
- Kidnapping: taking hostages, human trafficking
- Robbery
Controlled substances
- Possession with intent to sell
- Transportation
Wobbler Felony
Wobbler felonies are commonly elevated misdemeanors. Some misdemeanors can be felonies. Inversely, felonies can also be reduced to a misdemeanor. It all depends on several factors such as the specific facts and circumstances during the event and the defendant’s age and previous criminal history. California wobbler offenses include, but are not limited to:
Sex crimes
- Sexual assault
- Sexual battery
- Statutory rape
Fraud crimes
- Forgery
- Money laundering
Crimes of domestic violence
- Child neglect
- Child endangerment
- Criminal threats
- Domestic battery
- Elder abuse
- Corporal injury to the spouse
Theft crimes
- Petty theft with a prior
- Grand theft
- Burglary
- Identity theft
Penalties for Felony Conviction
Prison incarceration
California sets low, middle, or high terms for incarceration. The judge will decide which of the terms is most appropriate, depending on the aggravating or mitigating circumstances. Such factors may involve whether the defendant is suffering from mental or physical conditions, whether the defendant has no existing criminal records, whether the crime happened because the defendant was provoked or had to defend themselves, etc. Getting a competent felony defense attorney on your side who can negotiate with the prosecutor for reduced charges is the first step to preparing for your case.
Formal probation
In place of incarceration, California judges may give a suspended sentence for certain felonies. There are terms and conditions to monitor the defendant under probation. Felony probation may include monthly meetings with a probation officer, community service, counseling, and drug or behavior management sessions. Suppose the defendant fails to follow the conditions. In that case, the judge may revoke the probation and give them the maximum number of years in prison or increase the probation period with even stricter terms.
Fines
Felony convictions range from $1,000 to $10,000. However, they can go higher depending on the kind of felony. Drug offenses usually go past the mark by thousands of dollars.
Collateral consequences
Criminal convictions are considered debts to society. Thus, there are collateral consequences that can come with incarceration, probation, and fines. These consequences may impact every aspect of your life, such as employment and housing. The conviction will reflect on your public records and affect security clearance, making it more difficult to obtain professional licenses. Sex offenders have to be registered for the rest of their lives and are not allowed near schools or parks. For immigrants, some felonies are deportable offenses.
Felony Defense Lawyers
Dealing with a felony charge can be frightening and traumatic, especially in California, a capital punishment state. The long-term criminal consequences can affect your entire life, from public benefits and constitutional rights to severe damage to your relationships. The complexity of California felony laws and the severe consequences can result in a felony conviction. Make sure to only deal with competent lawyers in case you get involved in a felony case.
