In California, a felony is a crime which is punishable by imprisonment in a state prison, or for capital cases, a crime which is punishable by the death penalty.
Felony Offense Charges: Sentencing for Convictions in CA
The State of California does not define its crimes by classification by letter, such as Class A, B, or C. Rather, the California Penal Code provides a definition of each crime and provides most crimes with a penalty. The following provides some examples of felony crimes and their respective sentences:
Capital Cases/Death penalty cases include the following: murder that was intentional and committed for financial gain; murder of a police officer, federal officer, or judge; murder by destructive device, such as a bomb; murder committed while lying in wait; murder committed for religious or racist motives; or murder committed with other felonies
Vehicular manslaughter - includes the following: operating a vehicle in the commission of an unlawful act not amounting to felony but without gross negligence; or operating a vehicle in the commission of a lawful act that may result in death in an unlawful manner, but without gross negligence.
- Vehicular manslaughter with gross negligence with intoxication - up to one year in county jail, or four to 10 years in a state prison.
- Vehicular manslaughter with gross negligence without intoxication - up to one year in county jail, or two to six years in a state prison.
- Vehicular manslaughter without gross negligence without intoxication - up to one year in county jail.
- Vehicular manslaughter without gross negligence with intoxication - up to one year in county jail or 16 months to four years state prison.
- EVehicular manslaughter with intoxication involved including collisions or accidents caused for financial gain and resulting in the death of any person-- four to 10 years in state prison.
Arson Sentencing:
- Causing great bodily injury during arson – 5 to 9 years
- Burning an inhabited building or property – 3 to 8 years
- Burning any structure or land – 2 to 6 years
- Any arson of property – 16 months to 3 years
California Felony DUI - 1st and 2nd offenses for DUIs are usually filed as misdemeanors. 3rd offenses, or factors of the DUI such as extremely high BACs, Child Endangerment, Reckless Driving, and other concurrent violations may result in a Felony conviction.
California Felony Marijuana Possession - California is more lenient on marijuana drug offenses. The strictest penalties are held against, cultivation, traffic, growing, and distribution for Marijuana in large amounts.
California's Three Strikes Law
California has a unique law known as the “Three Strikes Law.” This law essentially means that if you repeat an offense three times, you will have an elevated punishment. When this law is read in conjunction with other laws, especially California Penal Code Section 666, known as “Petty Theft with a Prior,” a person has two previous misdemeanor charges could end up with a felony charge for the crime.
California Felony Records and Expungement
In California, some felony convictions may be subject to expungment. If one was granted probation, rather than sent to state prison, the conviction should be subject to expungement, with some very rare exceptions, provided that the defendant has successfully finished probation. If, however, one was sent to state prison and thereafter served parole, one cannot expunge the felony conviction. In addition, certain felonies are never subject to expungement. These include the following:
- Engagement in Three or More Sexual Acts with a Minor Under 14
- Sexual Penetration of a Minor under 14 by a Foreign Object
- Rape
- Lewd Act on a Child
Oral Copulation on a minor under 14 years of age - Sodomy
- Driving in excess of 100 miles per hour
- Others applying to sex crimes
Statute of Limitations for Felonies in CA
The following are the time limits for a criminal prosecution of a felony in the State of California:
- No limitation: murder, other felonies punishable by death or life imprisonment, embezzlement of public funds
- 6 years: offenses which are punishable by eight or more years
- 3 years: all other offenses punishable by imprisonment
View all Criminal California Statute of Limitations
Help from a Lawyer in California for Felony Charges
If one has been charged with a felony in the State of California, one should consider retaining an experienced criminal attorney as soon as possible. An experienced attorney can not only evaluate one’s case in order to determine what options one may have, but also the attorney can assist in one’s selection of the most appropriate course of action one should take. In addition, an experienced attorney can help to preserve one’s rights and help to obtain the most favorable outcome in the particular circumstances.
