What is a Felony?
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Under California law, there are three separate types of crimes: felonies, misdemeanors and infractions. This video concentrates on felonies.
What is a felony?
In the state of California, a felony crime is one that carries a maximum sentence of more than one year, whether in a California state prison or county jail (ever since a AB109 realignment). In certain cases, a felony is a capital crime punishable by death but, more frequently, life in prison.
Crimes which are always felonies, that is, not “wobblers” which can also be filed as misdemeanor charges, include murder, a violation of California Penal Code 187a PC, rape, a violation of California Penal Code section 261 PC and sale of a controlled substance, a violation of California Health and safety code section 11352 HS. However, there are many other crimes that are straight felonies not herein listed.
Crimes which can be but are not always charge this Felonise include forgery, violation of California Penal Code section 470 PC, simple possession of hashish or concentrated cannabis, and domestic violence, violation of California Penal Code section 273.5 PC.
generally speaking, a California felony is punishable by imprisonment for one of the following “terms”, i.e., low term, mid-term and high term.
Generally speaking, if you’re convicted of a California felony, you will be given the midterm unless there are factors which could justify a low term, i.e., mitigating facts, or hi term, i.e., aggravating factors. for example, the sentencing scheme for a conviction of first-degree burglary in violation of California Penal Code section 461a is as follows: a “low-term” of two years, a “high-term” of six years”, and a “midterm” of four years. things like a prior criminal record, significant amount of property stolen, property damage and other facts that tends to exacerbate the severity of the case will result in the high term.
The California felony conviction will not only result in link the incarceration but can carry a multitude of “collateral consequences”, including, but not limited to, obligation to disclose the conviction on your job application (significantly narrowing your chances of keeping her obtaining employment), inability to own or possess a firearm (for a minimum of 10 years, but many times a lifetime ban), obligation to register as a sex offender if you were convicted of a felony sex crime, and becoming a strike offender hundred California’s three strikes law.