In California, a felony is defined as a crime that carries a maximum sentence of more than one year in custody. Felonies are more serious than misdemeanors, which are punishable by up to one year in jail.

The most serious felonies can even be punished by death.People convicted of a felony may also be fined up to $10,000 in addition to, or instead of, imprisonment. Alternatively, a judge might sentence a felony offender to formal (felony) probation. If granted felony probation the offender will serve, at most, one year in county jail. If you have been charged with a felony or misdemeanor, you need to immediately obtain experienced legal representation. Call LAKE TAHOE DUI AND CRIMINAL DEFENSE: 530-545-2586A “straight” felony is one that can be charged and sentenced only as a felony. It cannot be charged as, or reduced to, a misdemeanor. The most serious California crimes are straight felonies. These include crimes that count as a “strike” for purposes of California’s “three strikes” law. California law defines first degree burglary as burglary of an inhabited house or dwelling structure. First degree burglary is always a felony. It is, therefore, a “straight” felony.Examples of “straight” felonies in CaliforniaThough not a complete list include but aren’t limited to:Lewd acts with a child under 14 (PC 288);Murder – Penal Code 187 PC,Rape — Penal Code 261 PC,Sale of a controlled substance — Health and Safety Code 11352 HS, andVehicular manslaughter with gross negligence — Penal Code 192(c) PC.Some California crimes may be charged as either a felony or a misdemeanor, in the prosecutor’s discretion. 4 These are known as “wobbler” offenses.5Factors a prosecutor will consider when deciding whether to charge a wobbler as a felony or a misdemeanor include:The specific facts of the case, andThe defendant’s criminal history (if any)California “wobbler” offenses that can be charged as a felony include (but are not limited to):Assault with a deadly weapon — Penal Code 245(a)(1) PC,Domestic violence – Penal Code 273.5 PC,Forgery — Penal Code 470 PC,Sexual battery — Penal Code 243.4 PC,Vandalism — Penal Code 594 PC.The Consequences of a felony conviction in California can include imprisonment in county jail or California state prison.Felony sentencing laws in California can include:Imprisonment in county jail or California state prison, and/orA fine of up to $10,000. Alternatively, the judge can sentence someone convicted of a felony to felony (formal) probation.Felonies are usually punished by imprisonment for one of three terms:A low term, A middle term, or A high term.Some criminal statutes specifically set forth these terms. They also often state whether the sentence is to be served in state prison or county jail.Sometimes a felony statute does not set forth specific terms of imprisonment. It simply states that the offense may be punished pursuant to California Penal Code 1170(h) PC.Penal Code 1170(h) PC is a catchall provision for felony sentencing. When a statute calls for punishment pursuant to Penal Code 1170(h), the judge can sentence the defendant to a county jail term of: 16 months,Two years, or three years.Generally, a California felony offender will receive the middle term. The judge will usually only sentence someone to the high term of there are factors in aggravation of the crime.Aggravating factors include the use of a weapon or a crime involving “extreme violence. ”By contrast, the low term is used when there are factors in mitigation of the crime. Mitigating factors include (without limitation) that the offender’s participation in the crime was minimal. Punishment for a California felony can include a fine. Sometimes the fine is set forth in the statute defining the crime. Where the amount is not specified, the judge can impose a fine of up to $10,000.This fine can be either in addition to — or instead of — time in jail or prison. Judges have the discretion to convert all or part of a felony offender’s sentence to California formal (felony) probationFelony probation is designed to rehabilitate offenders and let them lead a law- abiding life. It allows offenders to serve most or all of their sentences under the supervision of a probation officer rather than in custody. Technically, a sentence of formal probation can include up to one year in county jail. But in practice, people sentenced to formal probation in California often serve little to no jail time. Note that in Los Angeles County, courts must grant probation in probation-eligible cases absent extraordinary circumstances. Felony probation usually lasts up to two (2) years for non-violent felonies. But probation can last up to three (3) years for the following crimes involving more than $25,000:Grand theft (PC 487(b)(3) Embezzlement (PC 503) False personation and cheats (PC 532a)These two or three year probation limits do not apply to violent felonies or to crimes whose statutes specify the probationary range. During probation, the person on probation must comply with certain conditions. These conditions often include (but are not limited to): Monthly meetings with a probation officer, Payment of victim restitution,Individual or group therapy,Drug testing (if the felony involved a California drug crime),Community service or labor, and/orSearches of the offender’s person or property with or without a warrant.If an offender violates felony probation, the judge can:Revoke probation andSend the offender to prison or jail for up to the maximum sentence for the crime.However if there is a good reason for the violation, the judge may disregard it or he can increase the length of probation or he can make the probation conditions more severe. Experienced California Criminal Attorney's such as LAKE TAHOE DUI AND CRIMINAL DEFENSE may be able to help you avoid the significant consequences of a probation violation. California Parole laws are similar to probation laws. But they only apply when:An offender was sentenced to California state prison, and the offender has completed the sentence or been granted early release.Much like probation, parole comes with conditions. And like probation, California parole can be revoked. If your parole is revoked, the judge can send you back to prison. A California felony conviction carries numerous collateral consequences: Some of the most important are:You must disclose your felony conviction on job applications, if asked, You may not own or possess a gun (sometimes for 10 years, at other times for life),If your felony was a sex crime, you will be required to register as a California sex offender under “Megan’s Law”, andYour offense may count as a strike under California’s “three strikes law”. (Note that Los Angeles County prosecutors are no longer increasing sentences based on prior strikes. Learn more here.)In some cases, a felony can be reduced to a misdemeanor after the fact. Under California Penal Code 17(b) PC a felony can be reduced to a misdemeanor when:The offense was a “wobbler” felony, andThe offender was sentenced to and completed felony probation for the offense.