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To help you better understand the definitions and consequences of a felony conviction in California, our criminal defense lawyers will answer the following 8 key questions: 1. What is a “straight” felony? Examples of “straight” felonies in California; 2. What is a “wobbler” felony? Examples of wobbler offenses in California; 3.
- A "straight" felony is one that can be charged and sentenced only as a felony. It cannot be charged as, or reduced to, a misdemeanor. Most serious...
- Some California crimes may be charged as either a felony or a misdemeanor, in the prosecutor's discretion. These are known as “wobbler” offenses.
- Depending on the seriousness of the crime, felony sentencing in California can include: A county jail or California state prison sentence, and/or A...
- Judges have the discretion to convert all or part of your sentence to California formal (felony) probation. Felony probation is designed to rehabil...
- California parole laws are similar to probation laws. But they only apply when: You were sentenced to California state prison, and You have complet...
- A California felony conviction carries numerous collateral consequences. Some of the most important are: You must disclose your felony conviction o...
- Under California Penal Code 17(b) PC a felony can be reduced to a misdemeanor after the fact when: The offense was a “wobbler” felony, and you were...
- For felony convictions (not including serious, violent, or sex offender crimes) for which you completed probation, the state automatically expunges...
- What Constitutes A Felony in California?
- Wobblers and Reducing Felonies to Misdemeanors
- Felony Enhancements in California
- Other Felony Sentencing Options and Alternatives in California
- Getting Legal Help
- Look Out For Changes in The Law
California law defines a felony as a crime that carries a penalty of death, incarceration in state prison, or—for certain lower-level felonies—incarceration in county jail. Other less-serious offenses are considered misdemeanors in California, which are generally punishable by finesand/or up to 364 days in county jail. Crimes less serious than misd...
Many crimes in California are "wobblers," meaning they can be treated as either a felony or a misdemeanor. For instance, most sexual battery offenses (which in California are much less serious rape and sexual assault) have two possible punishments: (1) up to 364 days in county jail and/or a maximum fine of $2,000 (the misdemeanor sentence); or (2) ...
Enhancements are allegations that, if proved to the jury (or judge), can turn a run-of-the-mill felony into something more serious. Some common enhancements include gang and gun enhancements, which significantly ramp up the punishment for certain crimes. For example, carjacking is usually punished by three, five, or nine years in California. But if...
In many felony cases, the judge has the option of imposing a sentence that doesn't involve time behind bars. Many people might be eligible for probation, house arrest, community service, and other alternatives to incarceration. Some serious offenses, repeat convictions, and other circumstances could make someone ineligible for these types of altern...
If you've been charged with a felony in California, you should seek help from an experienced criminal defense attorney as soon as possible. Felony convictions have serious long-term consequences, even after you've served your sentence. A good lawyer can help you prepare the best possible defense and, if it's appropriate, negotiate a favorable plea ...
California frequently changes its criminal laws, but you can check the current statutes by using the state legislature's code search tool. Court decisions may also affect how the laws are applied and interpreted—another good reason to consult with a lawyer if you're concerned about actual or potential criminal charges.
People also ask
What are the different types of criminal offenses in California?
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What types of crimes are considered Wobblers in California?
Feb 6, 2019 · In the California Penal Code, crimes are divided into three categories: felonies, misdemeanors, and infractions. Felonies are the most serious crimes, and infractions are the least serious. Misdemeanors fall in the middle. While these three categories of offenses appear separate and straightforward, some crimes are considered wobblers.
Learn how sentencing works in California for felonies, crimes that can be either felonies or misdemeanors, and defendants who have previous convictions for serious or violent felonies. California Criminal Statutes of Limitations
In California, criminal offenses fall into three main categories: infractions, misdemeanors, and felonies. Each category carries distinct penalties and legal implications. Let’s break them down.
The California Penal Code is a collection of state statutes that define many criminal offenses and their corresponding penalties. It covers a wide range of offenses , such as theft, assault, sexual offenses, homicide, and fraud.
There are more than 1,400 distinct felony offenses in California law. Of California’s 29 codes — collections of laws addressing a broad topic — 25 contain felony offenses.
