Felony Crimes

 
Felony crimes are serious offenses punishable by a heavy sentence. The punishment is usually imprisonment, but in certain murder cases, the punishment could be death.
 
Felony offenses are more serious crimes than misdemeanors. However, certain offenses may be considered either a misdemeanor or a felony, depending on its degree. Petty larceny, which is stealing an item worth less than $400, is a misdemeanor.  However, stealing an item worth over $400 is considered grand theft, which is a felony. Some examples of common felonies are grand theft, burglary, assault and battery, robbery, embezzlement, and some drug offenses.
 
If you are convicted of a felony you will lose many of your civil rights. You will not be eligible to vote and you will not be eligible to run for public office. Some jobs require certain bonding or insurance coverage before you can obtain the job. Many insurance companies will refuse to bond convicted felons and, therefore, preclude a convicted felon from certain jobs.  Employment opportunities after a felony conviction may be significantly limited.
 

Criminal Law & Felonies in California

Felonies are the most serious criminal offenses and can result in stiff penalties.  For Example, California felony crimes include:
  • Drug Charges
  • Drunk Driving Causing Injury
  • Burglary and Robbery
  • Assault & Battery
  • Grand Theft/Larceny
  • Arson
  • Kidnapping
  • Extortion
  • Sex Crimes
There are also crimes termed “wobblers” because they can be charged or resolved either as misdemeanors or felonies.  In many instances, a skilled attorney can help the client obtain a misdemeanor plea agreement on an offense initially charged and presented as a felony.
 
If you are being charged with any felony, you should obtain professional legal advice as soon as possible.  Retention of a competent criminal defense attorney to fight for you can have a positive result on even the most serious felony charge.  Contact our office today to arrange for an initial consultation at no cost.


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 upon conviction.  Non-violent and first time felony offenders may receive probation and spend a short time – or no time – in the county jail provided that they comply with certain probation conditions.  For crimes that can be charged as either misdemeanors or felonies, more discretion is permitted in sentencing. Additional years may be added to a felony sentence for specific aggravating circumstances (such as a crime involving a firearm) and for repeat offenses. Those with prior felony convictions may also be subject to the California Three Strikes law. Contact our office 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. A skilled criminal defense lawyer can help to represent your interests and reach the best possible outcome for your situation.  Contact our offices today if you are facing a felony charge.
 

Bail and Preliminary Hearings

Within a few days of arrest, every felony defendant will be granted a bail hearing where the amount of bail is determined. The bail 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 with the help of an attorney. If you know someone who is in jail and cannot afford bail, contact our office to discuss the possibility of getting it lowered.
 
After being arrested for a felony, a preliminary hearing will be required at which 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 be well represented at this early stage by a skilled criminal defense attorney as the preliminary hearing is the first opportunity at which the evidence against the accused is revealed and subject to challenge.  Contact our office today to make sure you are represented at any preliminary hearing.
 

Making Deals and Going to Trial

 
Most criminal charges in California are resolved through plea negotiations (bargaining) before going to trial. Depending on the history of the defendant, the facts of the case, and the nature of the crime a plea agreement/bargain may result in a desirable outcome. A deal agreed to by the prosecutor and defendant and approved by the judge will be final. Deals vary and can result in pleading guilty to lesser felony charges, or, in some cases, misdemeanors.  Any plea agreement or bargain offered should be reviewed by an experienced attorney. This is especially true in cases where the defendant is required 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 plea deal.  Contact our office today for an initial free 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 conviction on only the lesser 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. 
 
We can assist you in preparing your defense, help protect your constitutional rights, and build an adequate trial record that can be used to appeal an adverse decision.
 

Contact our office today for a free initial consultation.

 
Jeffrey D. Stulberg • A Law Corporation
1042 Palm Street, Suite 204, San Luis Obispo, CA 93401
Ph: (805) 544-7693 • Fax: (805) 544-7006
stulberglaw@gmail.com