A felony is a serious type of crime. Every state has a different way it categorizes felonies. This distinguishes between less serious and more serious felonies. A felony conviction in California can result in a lengthy prison sentence and other consequences, such as a permanent criminal record.
Anyone charged with a felony should immediately consult a criminal defense lawyer to better understand the charge and potential penalty if convicted.
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The Difference Between a Felony and a Misdemeanor
Generally speaking, a felony is a crime that is punishable by more than a year in a state prison. A misdemeanor is a crime that is punishable by less than a year in a state jail. Misdemeanors tend to be non-violent and less concerning charges, while felonies tend to be violent or otherwise dangerous criminal behavior.
Unlike other states, California also has a category of crimes called “wobblers.” These crimes can be either a misdemeanor or a felony, depending on the circumstances. The prosecutor plays a major role in deciding whether or not to charge a wobbler offense as a felony.
Straight Felonies
Straight felonies are charges that are felonies no matter what. These are usually the most serious type of criminal charges in California. Straight felonies include:
- Murder
- Kidnapping
- Forcible rape
- Armed robbery
- Distribution of a Schedule I or II drug
- Child molestation under 14 years old
Straight felonies can carry a long prison sentence and count towards California’s three-strikes law. This law makes a felon receive 25 years in prison to life for a third felony conviction that is violent or serious.
Wobbler Felonies
A wobbler felony is a charge that can be either a misdemeanor or a felony. The prosecutor will decide whether or not to charge it as a felony at the time of charging. Once charged as a felony, a prosecutor can still choose to reduce the wobbler to a misdemeanor later.
Prosecutors have a lot of discretion in deciding whether or not to charge a wobbler as a felony. They will usually consider several factors, including:
- The facts of the case
- The severity of the crime
- The defendant’s prior criminal record, or lack thereof
- The defendant’s age
- Mitigating factors about the defendant’s background
- The victim’s wishes
- The strength of the evidence
A defense attorney can negotiate with the prosecutor to try and have a wobbler reduced from a felony to a misdemeanor. They can also ask the judge to reduce the charge if there are mitigating circumstances.
Examples of Wobbler Felonies
There are countless examples of wobbler felonies in California. Some of the most common charges include:
- Vehicular manslaughter
- Sexual battery
- Criminal threats
- Burglary
- Grand theft
- Stalking
- Statutory rape
- Child endangerment
- Forgery
- Some domestic violence offenses
Your attorney can explain if the felony is a wobbler and help you get it dismissed or reduced to a misdemeanor.
What Is the Punishment for a Felony in California?
If you are convicted of a felony in California, there may be serious punishments. The punishment will depend on the charge but can include a prison sentence, fines, and probation. There might also be collateral consequences of the conviction that follow you throughout your life.
Prison Sentence
You can expect to be ordered to at least one year in prison if you are convicted of a felony. Felony prison sentences are usually categorized as low term, middle term, or high term. Some charges carry a specific term, but others have a catch-all term. The catch-all term is 16 months, two years, or three years in prison.
A judge can decide to impose a high-term sentence if there are aggravating factors in the case, just as they can decide to impose a low-term sentence if there are mitigating factors in the case. Furthermore, under California’s three strikes law, a judge could impose 25 years to life if the defendant has two prior serious or violent felonies on their record.
Fines
In addition to a prison sentence, many convicted felons are ordered to pay a fine. The fine could be specifically named in the statute, or the judge could have discretion. Usually, the fine is up to $10,000. Some judges may choose to impose a higher fine and no prison time, or a prison sentence and a high fine.
Collateral Consequences
Felony convictions also carry significant collateral consequences. These are consequences that happen as a result of a conviction.
Some of the collateral consequences include:
- Difficulty finding housing
- Difficulty finding or maintaining employment
- Ineligibility for loans or certain government assistance
- Social isolation
- Deportation or immigration consequences
- Permanent criminal record
- Loss of the right to vote
- Loss of the right to own a firearm
Many people suffer from these consequences long after getting out of prison.
Contact a San Diego Criminal Defense Attorney for a Free Consultation
If you are charged with any type of felony, either a wobbler or a straight felony, you need to put your best defense forward to mitigate the potential penalties. Contact an experienced San Diego criminal defense lawyer from Blair Defense Criminal Lawyers for a free consultation to get started with your case. Call us at (619) 357-4977.
