Donald G. Sowers Felonies Law Blog on Lawyers.com

We hope that the following brief overview is helpful. It discusses what would happen if convicted of a crime. However, much of it is technical, so please give us a call at 1-866-388-7663 to discuss your matter personally as many defenses may apply to your case.

The California Penal Code classifies all criminal offenses as infractions, misdemeanors or felonies. Offenses such as traffic violations (e.g. speeding tickets, etc.) are infractions punishable by a fine usually not exceeding $250.00 plus penalty assessments (court costs). No time in jail can be imposed for an infraction.

Misdemeanors are more serious offenses (e.g. drunk driving, petty theft, etc.) and can be punishable by imprisonment in the county jail for up to one year and a fine up to $1,000.00.

Felonies are much more serious offenses (e.g. robbery, grand theft, drug possession and/or sales of drugs, etc.) and can be punishable with significantly higher fines, $10,000.00, and imprisonment in the state prison for a period of years and capital offenses (e.g. murder) can even be punishable with death. Many sentencing issues, such as restitution to the victim of a crime, alcohol and drug programs and sex or drug offender lifetime registration with the local police agency can apply to both felonies and misdemeanors.

Felonies are the most serious offenses and require a vigorous defense. The California Legislature has stated the primary goal of the felony Determinate Sentencing Law, enacted in 1977, is to punish the offender. This law provides three possible terms of imprisonment, a low, middle and high term in prison. It is assumed that the middle term is the appropriate sentence unless the court makes findings on the record (stated in open court) that justify the higher or lower term (sentence). If a crime is classified as a felony, but the statute does not provide a specific sentencing range, then the crime can be punishable by imprisonment in the state prison for 16 months, 2 years or 3 years plus any enhancements (such as personal use of a firearm). 

A very recent court decision has recently changed the law for felony sentencing.  Modifications to the law are also pending in the California State Legislature.

Unless specifically precluded by a statute (depending on the type of crime), a judge can sentence a convicted felon to a grant of probation. Among other things, the court may require the defendant, as a term and condition of probation, to serve local jail time, pay significant fines, complete community service and pay restitution.

If a defendant is sentenced on a felony he may be sent to State Prison or for offenders addicted to drugs to the California Rehabilitation Center. If he is a minor he can be sent to the California Youth Authority. Please see our Juvenile Crimes web page http://www.FormerDistrictAttorneys.com/PracticeAreas/Juvenile-Crimes.asp for more information on youthful offenders.

Lastly, an attorney for a defendant may even petition for a felony conviction to be set aside and the case will be dismissed, in most cases, this releases the defendant from its penalties and disabilities. If probation was granted, the defendant must have successfully completed the terms of probation. If probation was not granted, the defendant must have completed the sentence of the court and wait a year before filing the petition. The defendant must also establish that he/she is living an honest life and is free of any other subsequent arrest or sentence. This remedy does not have the effect of sealing the record of arrest. Further, the "conviction" which is set aside can still be pled as a prior conviction enhancement in future prosecutions. And defendants must still disclose the arrest and proceedings when applying for certain professional licensing or government jobs. (Penal Code Sections 1203.4, 1203.4(a).) For more details please see our Appeals & Expungements web page at  http://www.FormerDistrictAttorneys.com/PracticeAreas/Appeals-Expungements.asp

As you can see an arrest and conviction can have extremely serious consequences. The members of our Southern California law firm are very experienced and can help you. We are Los Angeles Attorneys, Orange County Attorneys and Ventura Attorneys and handle cases throughout Southern California.

Please call us now for a FREE CONSULTATION. 1-866-388-7663

Please visit our web site Http://www.FormerDistrictAttorneys.com