Charges and convictions for felonies in California can result in probation and jail time. A felony can sometimes result in a prison sentence of sixteen months or up to life in prison. Unlike other states, California categorizes felonies as White Collar, Drug, Sex, Violent and Serious Felonies.
Various Types of California Felonies
White Coat Felonies are so-called “paper crimes.” Fraud, bribery, forgery, perjury, identity theft, embezzlement, computer crimes, and other offenses fall into this category. Possession, distribution, manufacturing, and possession with the intent to sell are all felonies related to drugs. Both of these offenses are in the bottom half of the list of felonies. These are punishable by a prison sentence plus a fine or by a prison sentence alone. Depending on the crime and the number of crimes committed, prison sentences can range from twenty years to five years.
Learn about the California 7-Year-Rule and other restrictions on employers conducting background checks on prospective employees.
Sex felonies are more serious and can frequently result in sex offender registration for specific crimes. Sexual abuse, illegal possession of pornography, sexual assault, and child sexual abuse are all included in this category. The final and most serious category of felonies is Violent and Serious Felonies. Mayhem, kidnapping, murder, involuntary manslaughter, arson, California felony DUI, grand theft involving a firearm, and other crimes are examples.
A DUI felony in California is a state-specific law. It is the fourth offense of driving under the influence in ten years.
Three Strikes Law in California
California has enacted a three strikes law, which states that an individual who has committed an offense three times will face harsher felony convictions than a first-time offender under California Penal Code Section 667.
On the second strike, a person will be convicted with a restriction on the number of good behavior reductions allowed. A second strike will automatically result in a double prison sentence. If an individual has already received two strikes and receives a third, he or she is automatically sentenced to twenty-five years to life in prison without the possibility of parole.
Wobblers from California
In California, some misdemeanors can be upgraded to wobblers. Assault, fraud, vandalism, battery, hit and run, possession of a firearm, criminal threats, domestic violence, and embezzlement are all examples.
An expungement can overturn a guilty plea, a no contest plea, or a guilty sentence. The prosecution and arrest records, as well as certain penalties, are then made public. An arrest, dismissal, rejection, or failure to file papers can all be removed from public view. However, expungement does not destroy or seal criminal records.
Many California convictions are eligible for expungement, but it is strongly advised to consult with a criminal defense attorney on specific matters. Some felonies and misdemeanors are expungable, while others are not. To be eligible for expungement, a person must have completed probation, be free of subsequent offenses, live a moral life, and have followed all court orders. Depending on the crime to be expunged, additional conditions may apply.