Blog: Felony

Many felonies cannot be expunged. Each state has its own rules. Some states will not expunge any felonies. Others will expunge most of the offenses. Some felonies are almost never eligible for expungement. These generally include murder, serious violent crimes, and sex crimes involving children. In many cases, there is a waiting period to expunge …

The jail time for a felony probation violation is either: the jail time that was suspended before probation was ordered, or if no suspension, the maximum jail time for the offense the defendant was initially convicted of. Note that a judge does not automatically have to place a party in jail if that person commits …

Punching a person is a battery under California law (per Penal Code 242) and it could be charged as a felony if the defendant: punched a public servant, as in a police officer, firefighter, or EMT, or punched a person and it caused great bodily injury. In both of the above scenarios, the battery is …

Felony probation in California may be for as long as the maximum time for which the person could have been sentenced to prison. (Penal Code section 1203.1) The exception is a case where the maximum possible prison sentence is five years or less. Then the probation period can be up to, but no longer than, …

The embezzlement of a firearm is always a felony under California criminal law. In other embezzlement cases, per California Penal Code 503, the crime is a form of California grand theft and may be charged as a felony if the embezzled property is: an automobile, or property worth more than $950. In embezzlement cases where …

While a first-time offense of indecent exposure (“IE”), per Penal Code 314, is charged as a misdemeanor in California, a second offense will result in a felony charge. Indecent exposure can also be charged as a felony if it is a form of “aggravated” IE. Indecent exposure itself means a male or female: willfully exposes …

Felonies and misdemeanors are two types of crimes under California law. A felony is a more serious crime than a misdemeanor. A person guilty of such an offense may face imprisonment in jail or prison for more than one year (even for life). And, in addition, they can be fined up to $10,000. A few …