Criminal charges in California are divided into three classifications: Infractions, misdemeanors and felonies. While the type of charge dictates the potential penalty (fine, jail or prison) it is not indicative of whether you should seek the advice of an experienced attorney.

For example, someone facing a traffic infraction, may well benefit from consulting with an attorney in cases where they feel they have been unjustly charged or in instances where an additional driving infraction could trigger a license suspension, job loss or higher insurance rates.

Those facing a misdemeanor or felony charge in California, should always consult a defense attorney to discuss their rights.

Felony crimes always require the knowledge and experience of a defense lawyer. A criminal conviction on a California felony charge carries long-term criminal consequences, including serious prison time, probation, fines and court costs, and post-conviction restrictions that can have serious long-term consequences. Additionally, a criminal conviction can prevent you from holding certain jobs, obtaining loans or renting apartments and can lead to long-term damage to your reputation with friends, families and co-workers and reduce your quality-of-life for decades to come.

Too often, clients charged with misdemeanors make the mistake of not seeking the advice of an experienced criminal defense attorney. People facing misdemeanor charges sometimes have little experience with the legal system, have never been in trouble with the law, and mistakenly believe that defense lawyers are only needed for felony charges. However, California misdemeanor charges can have very serious consequences, which can include up to a year in jail, fines, court costs, probation and other court restrictions that can lead to additional criminal charges and penalties.

Felonies are the most serious, and generally violent, of all criminal offenses. These crimes carry prison terms of more than a year all the way up to life, and may even be punished by the death penalty. If you or someone you know is facing felony charges, it is crucial that you engage the services of a capable felony defense lawyer you can trust to pursue your best interests throughout the entirety of your case. You will want someone who is not afraid to work tirelessly, who will investigate every fact and detail, and who is committed to getting the full story of your situation and its circumstances.

California also has established the “three strikes” law that punishes repeat offenders with increased punishments for successive felony convictions. For example, a second felony conviction can lead to prison time that is doubled while a third one will lead to 25 years in prison to life. First felony convictions carry more than a year of prison time and/or a fine of up to $10,000.

In light of the grave penalties connected with any felony conviction, it is strongly advised that you seek legal counsel. A felony defense attorney can help, whether you are still under investigation or have been formally charged.

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 fines and/or up to 364 days in county jail, or infractions, which result only in fines. (Cal. Penal Code §§ 17, 18.5 (2019).)

Many crimes, however, may be treated as either felonies or misdemeanors, and courts may change felony convictions to misdemeanors in some circumstances.

How do courts decide the sentence for a felony?

For most felonies in California, the law sets out three determinate (or fixed) sentences that are specific for that crime. If it’s not spelled out in the statute, the options will be 16 months, two years, or three years.

At the sentencing hearing following a conviction, the judge must choose one of those fixed periods of incarceration as the base sentence, unless the law allows an alternative such as a fine, probation, or mandatory supervision for part of the sentence. When deciding among the possible terms, the judge may consider evidence of mitigating or aggravating circumstances (including victim statements). Beyond the base sentence for each felony conviction, some defendants will have to serve additional time based on the nature of their crimes and their criminal histories.

While most felony sentences are for a fixed term, California law does call for “indeterminate” sentences (such as 25 years to life) in a few circumstances, including a conviction for murder. (Cal. Penal §§ 18, 667, 1170.)

County Jail or State Prison: “Realignment” in California

As part of a law known as the “Public Safety Realignment Act,” California requires that felons serve their sentences in county jail rather than state prison, unless (1) they were convicted of serious or violent felonies, either in the current case or previously; (2) they have to register as sex offenders; or (3) their current convictions include a sentencing enhancement for aggravated white collar crime. Examples of serious or violent felonies include murder, voluntary manslaughter, rape, robbery, carjacking, and any felony where the defendant used a gun. (Cal. Penal Code § 1170 (2019).)