What Is a Felony in California

Michelle Wilson - May 6, 2023

Felony sentences and consequences vary from state to state. In the case of California, the outcome of being accused of or charged with committing a felony offense could be detrimental to a person’s future. In this state, a felony conviction can lead to an array of possible punishments, which normally ranges from probation to spending years in prison. Whatever it will be largely depends on the crime that was committed, the circumstances, and the defendant’s track record.

A majority of people who are arrested for a felony crime very rarely have prior experience in – or knowledge of – the California judicial system. Moreover, they may not be aware of how the criminal case process plays out in this particular state. When preparing a defense strategy, it is vital that one understands the charges against them, as well as how it could impact their life should a sentence be carried out.

Misdemeanor vs. Felony

In the state of California, there are two major classifications of crimes: felonies and misdemeanors. Generally speaking, any crime that could result in someone getting a sentence that exceeds one year is considered a felony crime. This is the key difference that separates a misdemeanor from a felony.

A felony is the more serious offense of the two. Setting aside large fines and a potential sentence in a state prison, felony convictions typically have other severe consequences. These convictions can make it extremely hard for those who are sentenced to achieve professional licensing or even employment.

What is a “straight” felony?

California law states that if someone is charged at the felony level, there is an assortment of felony types that they could potentially be charged with. The first, and arguably the harshest, is a “straight” felony. This category of felonies will only be charged or sentenced as felony crimes. Furthermore, they are seen as the most serious crime in the state and will be considered strikes in accordance with California’s three-strike law.

Examples of straight felonies include first-degree burglary, sexual assault, murder, the sale of a controlled substance, gross negligence manslaughter, and inappropriate acts with a minor under 14. It is also important to note that straight felonies cannot be reduced to a misdemeanor. Those who are convicted of one of the aforementioned crimes that qualify as a straight felony will likely be sent to a California state prison.

A “wobbler” offense

Not all felonies are labeled as “straight”; there are some that are referred to as “wobblers.” A wobbler offense is a crime that can be charged as either a misdemeanor or a felony at the discretion of California’s prosecuting attorney. The prosecutor will take into account the aggravating factors, the person’s criminal history, and any particular details of the case. With this information, they can properly determine if a misdemeanor or a felony is an appropriate charge.

Crimes that qualify as a wobbler felony include sexual battery, vandalism, domestic violence, assault using a deadly weapon, and forgery. If the defendant is charged with a wobbler offense, then the preliminary hearing judge might lessen the charge from a felony to a misdemeanor following the criminal lawyer’s arguments.

The penal code

In certain situations, a felony statute will not present any specific terms regarding imprisonment. In fact, it will only state that the committed crime may be punished in keeping with California Penal Code 1170(h) PC. This penal code is basically a blanket provision in the context of felony sentencing. To elaborate, when a law demands punishment according to Penal Code 1170(h), the judge is permitted to sentence the defendant to time in county jail, the term of which can last either 16 months, two years, or three years.

High, medium, and low term

It is commonplace for a California felony offender to receive the middle term more than the low or high term. The judge will generally only sentence a person to the high term if the aggravating factors include the use of a weapon or if the committed crime involves excessive violence. On the other hand, the low term is applied when the factors at play are in the mitigation of the crime. One of these factors is (without limitation) the offender’s participation in the crime’s execution being minimal.

Probation sentence

When it comes to most felony cases, the convicted defendant could face probation instead of serving their sentence behind bars. If the judge opts to grant probation for a felony, the defendant could be ordered to spend a maximum of one year in a county jail before being released and given several probation conditions they must follow.

The terms and conditions will often include monthly consultations with a probation officer, fines, drug and alcohol tests, community service periods, counseling, anger management sessions, and restitution, among other conditions relevant to the crime committed. Failure to adhere to the terms of felony probation could result in the judge revoking probation and the defendant being sent to prison for the maximum sentence. With that said, the judge may also increase the probation period and impose stricter conditions.

The consequences of collateral

Anyone who is convicted of a felony in the state of California will also need to go through various collateral consequences. For instance, they must disclose the felony conviction when filling out an employment application. Additionally, they are not allowed to own or be in possession of a firearm. Being convicted of a sex crime will mean that, under California Penal Code 290, they are required to register as a sex offender so that running a background check on them will reveal this pertinent information.

Can a felony in California be expunged?

Getting a California felony conviction expunged is possible for certain offenders, but there are requirements. They need to have been granted probation and successfully complete it. Those who are sent to a state prison are not eligible for expunging a felony conviction. While expungement does not equate to the removal of a conviction, it does relieve a felon of the consequences that a conviction will typically bring.

Those in California who are convicted of either a felony or a misdemeanor might qualify for expungement if they fall under one of three classes. First, if the offender did not receive an incarceration sentence. Second, if they are not already charged, on probation, or serving a sentence. Third, if the conviction is not for violent or sexual crimes.

Conclusion

It is crucial that one knows how to avoid being given a felony conviction in California. If ever they end up in a situation where this evasion is not likely, then they must put all their time and energy into figuring out how they can reduce the consequences of said conviction. All in all, the best course of action for anyone who has been charged with a felony in California is to contact a defense lawyer as soon as possible.