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Understanding California Felony Charges

OVER 26 YEARS EXPERIENCE IN DUI DEFENSE, PROVEN TRACK RECORD, HIGHLY RATED AND REVIEWED DUI DEFENSE ATTORNEY, FORMER DUI PROSECUTOR

Richard Wagner is great attorney, extremely knowledgeable, has many years of experience, worked closely with me so I was always in the loop. He had my back all the way. I highly recommend him, he's the best in the business. R.L., BREA, CA Read what others have to say

Defense Attorney Richard Wagner has worked hard to earn an impressive track record fighting California charges. His success is a direct result of devoting long hours, hard work, and dedication to clients. Read Richard Wagner's bio.

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Richard Wagner has helped others with DUI charges by providing a well-crafted defense strategy. Here are a few of his victories to demonstrate his skill in DUI defense.

For someone charged with a crime in California, it matters what that crime is as well as its classification. The consequences of a conviction will vary depending on the classification of the crime.

A strong, strategic defense is the best means to avoid a conviction or, alternatively, accept a plea deal in the defendant's favor.

Richard Wagner is a next-level criminal defense lawyer in Orange County who investigates each case with care and strategizes accordingly. He will help you understand the charges against you, what the possible outcomes are, and how he will move forward.

Contact him at (714) 721-4423 to schedule a FREE PRIVATE CONSULTATION and learn more about any alleged criminal charges filed against you and how our criminal defense attorney will proceed with your case.

Felony Charges in California

A felony is a crime punishable by more than one year in state or federal prison. Felony charges can be brought by state or federal prosecutors and are processed through state or federal courts, depending upon who brought the charges.

Felonies are crimes against people and/or property.

Examples of felony crimes against people include:

  • Rape
  • Kidnapping
  • Aggravated assault
  • Human trafficking
  • Armed robbery
  • Extortion
  • Child pornography
  • Manslaughter
  • Murder

Examples of felony crimes against property include:

  • Grand theft auto
  • Burglary
  • Arson
  • Forgery
  • Embezzlement
  • Securities fraud

Preliminary Hearings in California

Preliminary hearings are held in felony cases to determine if there is sufficient evidence to hold the defendant to answer for trial. It is a very low standard.

The judge decides if there is “probable cause” that a crime has been committed and a strong suspicion to believe the defendant committed the offense(s).

After most preliminary hearings, the court will hold the defendant to answer as to all charges, enhancements, and allegations and will set bail.1

Felony Classifications in California

Both Federal and State governments distinguish crimes as felonies or misdemeanors with felonies as the more severe category. Within these two categories, felonies and misdemeanors are further classified according to their level of severity.

Keep in mind that the above is a simple example of what felony classifications could look like. States vary widely in the way they set up, categorize, and process felonies.

Differences between California Misdemeanor and Felony Charges

The differences between misdemeanors and felonies are stark, so you do not want to assume that a criminal charge is like any other criminal charge in California.

Some of the differences involve constitutional rights and procedures. However, the main difference is the extent of punishment.

  • Constitutional rights. A conviction for a felony offense can impact a felon's constitutional rights, particularly as those rights pertain to gun ownership and voting. Some states even take away the right to hold public office after becoming a convicted felon.
  • Legal procedures. Given the potential consequences of a felony conviction, the legal procedures around arresting, charging, and prosecuting someone for a felony offense are usually more immediate and complex than those for misdemeanors. For example, a felony warrant leads to an immediate arrest while a warrant related to a misdemeanor may not require an immediate arrest. Also, federal felonies require grand jury indictments while some states impose the same requirement for felony charges. The same is not true for misdemeanors.
  • Punishment. Most felonies are punished under the Determinate Sentencing Law. The sentencing court has discretion to select one of the three terms. Indeterminate sentencing deals with cases where the punishment is “life” or for a term of years to life. Felonies often require more than one year in prison up to life and beyond and/or up to $100,000 in fines, depending on the crime and circumstances. 
  • The Three Strikes Law. This is an alternative sentencing scheme that applies when the prosecutor alleges that you have one or more prior serious or violent felony convictions as “strikes.”
  • Enhancements. There are two kinds of enhancements: those related to the crime (e.g., conduct enhancements) and those related to recidivism (e.g., status enhancements for priors). 
  • Recidivism. Repeat felony offenders often face increasingly harsher penalties, including automatic life sentences, in light of their criminal history. 
  • Expungement. Felonies are much harder, if not impossible, to have expunged than misdemeanors.

Can a Felony be Reduced to a Misdemeanor in California?

Because convictions of felonies result in higher penalties and collateral consequences, there are times when having the felony reduced to a lesser offense, like a misdemeanor, can improve the outcome of the case.2

The process and potential ways to have this done vary according to each state's laws.

Generally, at least one of the following could apply to your unique situation:

  • Plea deal. Through negotiations, you could get a felony reduced to a misdemeanor by pleading guilty to a lesser offense, also referred to as charge bargaining or plea bargaining.
  • Diversion programs. In some felony cases, you could participate in a pretrial diversion program, and upon completion of it, the felony charge will be reduced. These diversion programs are often available for charges related to drunk driving, drug possession, domestic violence, and shoplifting.
  • Probation. In some cases where a defendant is punished with probation and not prison, an option to have the felony reduced upon successful completion of probation may be available.
  • Wobbler. California has wobbler crimes, where the crime wobbles between a misdemeanor or felony, depending on the facts and circumstances. The prosecutor has discretion over which to file,3 and if the prosecutor files the charge as a felony, your attorney can argue the felony is not supported by the facts.

If you want to know more about getting a felony conviction reduced to a misdemeanor, it is important to consider all the possible outcomes with your criminal defense lawyer. Richard Wagner is a criminal defense attorney who will weigh the pros and cons so that you can make an informed decision about the direction of your case.

When Do You Need a Criminal Defense Attorney in California? 

A criminal conviction, especially for a felony offense, can have long-lasting impacts on your life that extend past any custodial sentence you may receive. You are not required to retain a criminal defense lawyer, but it is highly advisable.

The laws, procedures, and overall experience can be confusing and overwhelming. You need a criminal defense lawyer to help you through it because mistakes can be fatal to your case.

You have a constitutional right to an attorney to help you defend against criminal allegations, but only indigent persons – defendants who meet the state-imposed poverty line – are awarded a public defender.

Everyone else must obtain a private criminal defense attorney. It can be expensive, but it is better than the alternative. That said, with the right attorney, it will end up saving you much more in the long run.

Here are just a few reasons why you would want to schedule a consultation with our criminal defense lawyer in Orange County.

  1. Investigation. An attorney will investigate your case as well as collect and review evidence.
  2. Strategy. Whether it is to negotiate a favorable plea deal or argue your defense before a jury, an attorney will use strategy to obtain the best outcome.
  3. Resources. A criminal defense attorney typically already has the resources necessary to competently represent a client, including a network of experts upon which to call if needed.
  4. Knowledge. Attorneys know the court system, the judges, the procedures, and more, which is valuable information needed for a successful criminal defense.
  5. Rights. An attorney can identify whether any constitutional rights have been violated and, if so, file a motion to respond accordingly. Throughout the criminal proceedings, your attorney will also ensure your rights are upheld and a fair trial is given. The trial court may dismiss an action in furtherance of justice either on its own motion or on application of the prosecutor. Although a defendant has no right to make a motion to dismiss under Penal Code Section 1385, your attorney may invite the trial court to strike an enhancement or dismiss a charge in the interests of justice.

The Law Office of Richard Wagner will investigate your felony thoroughly, strategize effectively, and uphold your rights and integrity.

Contact a Criminal Defense Attorney in Orange County Today

Richard Wagner is a criminal defense attorney who will protect your rights and help you navigate the criminal justice system. 

Attorney Wagner aims to secure the best possible outcome given the facts and circumstances of your felony charge. Get in touch today by using the online form or calling us at (714) 721-4423 to schedule a FREE PRIVATE CONSULTATION.

LEGAL AUTHORITIES

1 The magistrate need only find that the evidence presented facts that would lead a person of ordinary caution or prudence to believe and conscientiously entertain a strong suspicion that crime has been committed and that defendant is guilty. Hatch v. Sup. Ct. (2000) 80 Cal.App.4th 170, 184-185.

2 Penal Code Section 17(b) misdemeanor reduction for any charges that are “wobblers."

3 Some crimes, “wobblers,” list both imprisonment in county jail (misdemeanor sentence) and imprisonment in county jail for more than 1 year or in state prison (felony sentence) as possible punishment. The prosecutor has the discretion to charge them either as misdemeanors or felonies. PC 17(b)(4); People v Adams (1974) 43 CA3d 697, 707.

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