Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Most states say that a felony charge is a criminal offense punishable by imprisonment for a term of one year or longer. The most serious felonies, such as murder and rape, can even be punished by life imprisonment or the death penalty in some jurisdictions.
Felonies are more serious than misdemeanors, which are punishable by up to one year in jail.
Examples of felony charges (in addition to murder and rape) include:
The specific penalties that you will face for a felony offense will most often depend on the:
Penalties can include:
Depending on the charge, a judge may have the discretion to award you with felony probation in lieu of a jail or prison sentence.
With regards to getting a felony expunged, note that each state has its own list of criminal records that can be expunged. This means the laws of the state where you received your felony conviction will dictate whether or not you can get an expungement.
Under the criminal laws of most states, a felony is a more severe crime than a misdemeanor.1
While misdemeanor charges can result in a jail sentence of up to one year, felony charges are generally punishable by:
Note that many states have state laws that set forth either:
These laws impose different sentences for different classes or degrees.
Many jurisdictions make a distinction between straight felonies and wobbler felonies.
A straight felony is a crime that can only be charged and sentenced as a felony. It cannot be charged as, or reduced to, a misdemeanor.
Straight felonies are generally more serious crimes than wobbler felonies. Examples of straight felonies may include such violent offenses as:
In contrast, wobbler felonies are crimes that can be charged as either a felony or a misdemeanor, at the prosecutor’s discretion. The facts of the case and your criminal history often determine which type of offense the prosecutor files.
Consider, for example, the crime of larceny or theft under Florida law. If you steal property valued below $750, prosecutors will generally charge you with the misdemeanor offense of petit theft.4
But if you steal property valued at or above $750, prosecutors will generally file felony charges of grand theft.5
A few other examples of crimes that states may treat as wobblers include:
If you receive a felony conviction, most states say that a judge can impose:
Depending on the crime, a judge may also award you with felony probation in lieu of a jail or prison sentence.
When it comes to jail and prison sentences, many state statutes set forth the specific types of sentences that a judge can impose.
Consider, for example, the crime of robbery under Nevada law. The Nevada statute on the crime states:
“A person who commits robbery is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.”6
Here, the statute says that a judge can sentence a person guilty of robbery to a prison term of between 2 and 15 years.
If a statute is silent on a sentence, most jurisdictions have a default statute that will specify the minimum and maximum penalties for an offense.
Many states will conduct a pre-sentence investigation to help a judge determine what sentence to impose from the range of possible sentences set out in a statute.7
The pre-sentence investigation may consider several factors when recommending a term of imprisonment for a felony conviction, including your:
There can be, yes. In addition to confinement, fines, and probation, you can face several other consequences upon being convicted of felony charges.
For example, you may lose several civil rights, such as your voting rights and the right to own or possess a gun.9
As to the latter, most states say that a felony conviction subjects people to a lifetime ban from owning or possessing a gun unless you restore your firearm rights. The lifetime ban applies to both state felonies and felonies charged under federal law.10
In addition, convicted felons may have to:
A felony conviction can also mean the forfeiture of your ability to serve:
For non-U.S. citizens, the conviction of a felony could result in your possible deportation.13
Many felonies cannot be expunged. Each state has its own rules.
Some states allow for the expungement of all or most felony convictions. But other states do not allow felonies to be expunged at all.
Further, certain felonies are almost never eligible for expungement. These generally include:
Examples of states that say a felony conviction cannot be expunged at all include:
Examples of states that only allow a few select felonies to be expunged include:
Finally, examples of states that allow you to expunge several different types of felonies include:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.