What is a Felony?

Felonies, simply, are crimes that are punishable by incarceration in a state or federal prison.  There are two other categories of crime: misdemeanor crimes and infractions. Of the three different classifications, the felony is the most serious charge and can result in the direst of consequences.  A person convicted of a felony in California may face a sentence as severe as a death sentence, but at a minimum, they will be charged with a year of jail time.  There may also be a fine of up to $10,000.  In some instances, this fine may be in place of jail time.

Different states define felonies differently and deal with felonies on different levels.  California has its own set of rules that it follows.  The sentences and way that they handle your crime here may differ greatly from how the same crime would be dealt with in another state.

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What are the different degrees or types of felonies?

When looking at felonies, there are several ways that they are classified.  There are classes and then degrees.  The classes for felonies are designated by A-E in some states.  They are just designations for the types of crimes that have been committed.

Classes A and B are for the more serious felonies; while classes D and E are for the less serious.  Class C crimes sit somewhere in the middle of both groups.   While this is the most typically seen system, you may also see numbers as the designations for the different classes (sometimes referred to as levels).  In California, all the different levels and classes mesh together to create a system that really works on a case-by-case basis that keeps the punishments in line with the crimes that were committed.

While the classes are used to distinguish the different crimes, the degree has to do with the severity of the offense.  First-degree assault is going to be given a heavier sentence than a second-degree offense.  Depending on the different crimes there are criteria that must be met for the court to charge someone with a first-degree or second-degree crime.  In the case of a murder charge, the prosecution must be able to demonstrate intent if they wish to charge the defendant with a first-degree charge.

In the case that the felony is labeled as a third-degree felony, then there is a chance that this charge could be dropped down to a misdemeanor instead of a felony.  These are known as “wobbler” offenses because of the fact that they can change so easily from one side to another. For example, child abuse in the physical sense (California Penal Code Section 273d(a)) can be a misdemeanor or a felony depending on the criminal history of the defendant as well as the circumstances of the crime.  “Wobbler” offenses can happen between felonies and misdemeanors, as well as misdemeanors and infractions.

Sentencing Crimes

When making sentences for crimes, most states allow judges to create a sentence that really fits the crime that was committed. While California does allow for a little wiggle room on how a crime is treated as “wobbler” offenses, there is slightly less wiggle room in how long of a sentence a person is going to get for most crimes.

Lawmakers in California have fixed sentences for different crimes.  While most other states have fixed sentences for the classes of crimes, California decided to operate differently.  This means that each crime has a high, medium, and low sentence.  A good example of this is the sentence for an assault with a machine gun; someone convicted of this will face four, eight, or 12 years as their sentence.

Since there is such an extensive list of crimes (for example damage to personal property, gross negligence, bodily harm, and domestic violence), the lawmakers made a provision in the laws to make sure that a crime that isn’t included will still have a sentence.  If someone is convicted of a crime that the lawmakers have failed to set a punishment for, then they will face 16 months, two, or three years in prison as well as a fine that will be set in court.

Consequences of Felonies

While the main consequence of being convicted of a felony is the sentence that you are given by a court on your court date, there are many more consequences that can be faced by someone after they serve their sentence or pay their fine.

All felonies result in a ban on owning firearms.  This ban can be temporary, but it can also be a lifetime ban on firearms.  After a felony conviction, you may also be turned away from many jobs. Most of the defendant’s criminal history—prior offenses, prior convictions—is accessible to the public. Not all companies will hire those with a criminal history let alone felony records, and anyone that has been convicted of a felony is legally required to disclose the conviction if they are asked about it on a form or in an interview.  Another result of the felony conviction is the inability to vote.  A felon will not be able to vote while they are incarcerated, on parole, or on probation.

There are also some other consequences, but they are given on a more case-by-case basis.  For those involved in a DUI felony, their license may be revoked or suspended for a time.  If you are convicted of a sexual offense, child pornography, and aggravated sexual assault, then you will wind up in a database of sex offenders that is available to the public.

Felony Bail Amounts: Los Angeles Bail Schedule

In general, a judge can either release a person on their own recognizance (OR) with a promise to appear in court at a later court date or deny their OR and impose bail. There are also instances when bail is denied altogether like when a defendant is deemed a flight risk or danger to the public. But when it comes to bail for felony charges, much like its sentencing, the defendant’s bail can be more or less depending on the severity of the alleged crime. The more serious and risky the crime is, the more likely it would be hard to post bail and bail out. A jailhouse bail schedule is, in general, inflexible. A bail reduction hearing is needed to know whether the defendant’s bail is set to high or low. If conditions alter and there is good cause, bail reduction is possible in California. Those crimes that are third-degree felonies that can be moved down into the misdemeanor category may face less of a bail bond than a first-degree charge of the same felony.  Misdemeanors of the same crime will have significantly smaller bail bond amounts than the felony version of the crime which can make it easier to post cash bail. After posting bail, the prisoner is let out with a criminal charge and a court date for the defendant’s first court appearance.

List of Felony Drug Charges

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