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Criminal Law & Felonies in California
Felonies are the most serious criminal offenses and
can result in stiff penalties. Example California Felony
Crimes include:
- Certain Drug Charges;
- Sex Crimes;
- Murder & Violence Cases;
- White Collar Fraud & Embezzlement;
- Certain Firearm Convictions;
There are also crimes termed “wobblers” because
they can move back and forth between the felony and
misdemeanor categories. A somewhat notorious example of
these crimes involves the theft of food or other items,
usually by people with prior theft crimes. They are
charged with a “wobbler” crime as a felony and that
results in a “third strike” (and life sentence).
If you are being charged with a felony even for a
minor infraction, you should take it very seriously and
obtain professional legal advice as soon as possible. If
you are or could be facing felony charges you should
contact our Attorneys now to discuss your case and begin
your legal defense.
Consequences of a Felony Conviction
The consequences for a felony conviction will vary but
can be quite severe. Many felonies require a minimum
multiple year State prison sentence if convicted.
Non-violent and first time offenders may receive
probation and spend a short time, or no time, in the
county jail so long as they comply with certain
conditions. For other crimes that can be misdemeanors or
felonies, “wobblers”, there is more discretion
permitted in sentencing. Additional years can be added to
a felony sentence for specific aggravating circumstances
(such as a crime involving a firearm) and for repeat
offenses. Those with prior felonies may also be subject
to the “three strikes” law. Contact our offices today
to discuss your case and we can explain the range of
penalties you may face and begin building your legal
defense.
There are a number of additional consequences of
felony convictions that should not be overlooked. For
example, a felony conviction could make otherwise legal
activities a crime (i.e. buying a gun). Finding
employment or receiving certain state licenses (such as a
state real estate sales license) may also be more
difficult. Contact our offices today if you are facing a
felony charge. An experienced California criminal defense
lawyer can help to represent your interests and reach the
best possible outcome for your situation.
Bail and Preliminary Hearings
Soon after arrest, from hours to a few days,
there will be a bail hearing where the amount is
determined. This amount is usually based upon the
severity of the offense, the chance of harm to others if
released, and the individual’s flight risk. Bail for
felonies can range from hundreds to millions of dollars
and can be challenged as excessively high by the person
charged and/or their attorney. If you know someone who is
in jail and cannot afford bail, contact our attorney’s
to discuss the possibility of getting it lowered.
After being arrested a preliminary hearing will be
required where the evidence against the accused is
presented. If the judge believes the evidence is
sufficient to go to trial the person will be formally
charged. Preliminary hearings almost always end up with
an indictment, or formal charge. However, it is important
to have an attorney there because this is the first time
the evidence against the accused is revealed. Contact our
attorneys today to make sure you are represented at any
preliminary hearing.
Making Deals and Going to Trial
Most criminal charges in California are settled
in a plea bargain (deal) before ever going to trial.
Depending on the history of the defendant, the facts of
the case, and the nature of the crime a plea bargain may
result in a desirable outcome. A deal agreed to with the
prosecutor and approved by the judge will be final. Deals
vary and can result in pleading guilty to lesser felony
charges, or even misdemeanors in some cases. Any plea
bargain offered should be reviewed by an experienced
attorney. This is especially true in cases which a person
is going to plead guilty to a felony (and possibly
subject themselves to the “three strikes” law in the
future). If you are being charged with a felony you
should seek professional legal advice on proposing or
accepting a deal. Contact us today for a consultation on
your case.
If a plea bargain cannot be reached, the case will go
to trial. The upside to a trial is the possibility of an
acquittal or convictions on only the minor charges.
However, very few criminal trials in California result in
an acquittal, with nearly all resulting in guilty
verdicts on at least some charges. Felony criminal trials
are often very complicated and the failure to prepare an
adequate legal defense could result in additional prison
time and other penalties. Failure to bring up certain
objections or introduce helpful evidence at trial can
also hurt the chances of a successful appeal. Our
experienced trial attorney’s can prepare your defense,
help protect your constitutional rights, and build an
adequate trial record that can be used to appeal an
adverse decision.
If you have been arrested or charged with a felony
in California we strongly urge you to contact our
experienced criminal defense attorneys today! We can put
our resources to work for you and help to negotiate or
litigate the best outcome for your situation. Contact
us online or call: 1-800-221-9935 |