Felonies, Misdemeanors & Related Topics

 

Felony Offenses

A felony offense is a crime punishable by one year or more in the state prison.  All felonies begin with the filing of a felony criminal complaint, followed by a preliminary hearing.  In California, a person has a constitutional right to a preliminary hearing within ten court days of the date of the arraignment.  There are many circumstances where it is in the client’s best interest not to rush to preliminary hearing, but each case is different. 

 

If the matter proceeds to a preliminary hearing, a judge (or magistrate as it is called in the Penal Code), will determine whether sufficient evidence, or probable cause, exists to support the charges.  If the magistrate feels there is probable cause, the District Attorney will file an Information in Superior Court.  Following arraignment on the Information, the individual will then proceed to trial.

 

Misdemeanor Offenses

A misdemeanor offense is punishable by up to one year in the county jail.   All misdemeanor cases are initiated with the filing of a complaint, but unlike felony cases there is not a preliminary hearing.  Persons charged with misdemeanors have a right to a jury trial within 45 days of the date of the arraignment.  In many cases, after successful completion of a probationary period, a misdemeanor can be expunged from your record.

 

Wobbler Offenses

Crimes which can be charged as either a felony or misdemeanor are known in the law as wobbler offenses.  It is the District Attorney who initially chooses what to charge, but even if a wobbler begins as a felony, it can be reduced to a misdemeanor by the Court at the sentencing hearing or even after the completion of probation.

 

Third Strike Cases

California has perhaps the harshest recidivist law in the country.  In California, if you have two prior convictions which are “serious” felony offenses as defined by Penal Code section 1192.7, you could be facing the possibility of 25 years-to-life in prison upon conviction of any third felony offense.  What many people do not realize, and what makes the law so harsh, is that the third felony need not be a serious felony to qualify as the third strike.  In other words, even a conviction of a non-violent crime can result in a life sentence. 

 

Also, if you have one prior “serious” felony, the punishment on any subsequent felony is automatically doubled.  Thus, if a person was facing 3 years in state prison, if that person has a prior serious offense they will serve 6 years. 

 

One Strike Offenses

Under recent changes in the Law, certain offenses can be punished by life in prison even though you have no prior convictions.  Many sex crimes and crimes involving the use of firearms are now punishable by life in prison on the first offense.

 

If you or a loved one has been accused of any crime, whether a felony or misdemeanor, it is imperative that you seek knowledgeable and experienced attorneys.  To contact the Law Offices of Grech & Firetag, please click here. 

 

Post-Conviction Relief

Post-conviction relief can take the form of many different types.  This can include expungements, felony reductions, motions for a new trial, appeals and plea withdrawals.