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: misdemeanors 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 the 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.  “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, 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, then they will face 16 months, two, or three years in prison as well as a fine that will be set in the court.

Consequences of Felonies

While the main consequence of being convicted of a felony is the sentence that you are given by a court, 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.  Not all companies will hire those with 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, then you will wind up in a database of sex offenders that is available to the public.

Felony Bail Amounts: Los Angeles Bail Schedule

Just like with the sentence of a felony, the bail can be more or less depending on the severity of the crime.  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.

List of Felony Drug Charges