A felony is a serious crime typically punishable by imprisonment for over one year or even death in extreme cases (note, however, that California does not currently have the death penalty as of 2024). Felonies are more severe than crimes classified as misdemeanors or infractions and usually involve significant harm or risk to individuals or society.
If you or someone you love was recently arrested on felony charges, it’s extremely important that you act quickly. Make sure you understand your rights, including your potential right to post bail. You can speak to Dan at Dan's Bail Bonds and get answers to your questions any time of day or night—we are available to take your call 24/7.
Does California Have Minimum Sentencing for Felonies?
Yes, California has minimum sentencing for certain felonies. The state’s Penal Code outlines mandatory minimum sentences for specific crimes. For example, certain violent felonies come with mandatory prison terms. However, judges in California have discretion in many cases and can impose sentences based on the specifics of the crime and the defendant’s history.
How Does the Court Decide Sentences for Felony Convictions?
The court considers several factors when determining sentences for felony convictions. These factors include but are not limited to:
- The nature of the crime
- The defendant’s criminal history
- The impact on victims
- Whether the defendant cooperated with law enforcement
- The presence of additional criminal behavior
- Aggravating factors, such as the use of a weapon
In California, sentences for felonies can range from probation to life imprisonment, depending on the crime's severity and other relevant factors.
What Is Excessive Bail?
Excessive bail refers to a bail amount set so high that it effectively denies the defendant’s right to be released while awaiting trial. The Eighth Amendment of the U.S. Constitution prohibits excessive bail, and California law requires that bail be reasonable and proportional to the severity of the charges. If you believe bail is excessive, a bail reduction motion can be filed with the court.
We encourage you to reach out to an experienced bail bonds agent, like Dan's Bail Bonds, and to secure legal counsel as soon as possible if you believe that your or your loved one’s bail is excessive.
Examples of Common Felonies in California
Many crimes fall under the umbrella of “felony offenses” in the state of California. Additionally, some crimes that would otherwise be charged as misdemeanors may be charged as felonies when certain factors are present, such as the use of a weapon in the commission of the crime.
Common felonies in California include but are not limited to:
- Murder
- Manslaughter
- Assault with a deadly weapon
- Domestic violence
- Robbery
- Burglary
- Grand theft
- Forgery
- Drug trafficking
- Sexual assault/rape
- Kidnapping
- Child endangerment
- DUI – multiple, resulting in injury or death, etc.
How Felony Charges Affect Bail
Felony charges generally result in higher bail amounts. Courts set bail based on the seriousness of the crime, the defendant’s criminal history, and the defendant’s perceived flight risk. Higher bail amounts reflect the serious nature of felony charges and aim to ensure that the defendant appears in court. If bail is set too high, it may be possible to request a reduction, but this often requires legal representation.
Navigating felony charges in California can be complex and challenging. Understanding the implications of felony convictions and how they impact bail can help you make informed decisions. If you face felony charges, consulting with a legal expert and a bail bondsman can provide the guidance needed to address your situation effectively.