Felonies FAQs

Q: What is the definition of a "felony"? 
A:  According to California Penal Code Section 17, subdivision (a), felonies are "crimes punishable by death or imprisonment in state prison."  Felony offenses are often more serious in nature and degree than misdemeanors, resulting in longer jail time and imprisonment in state prison instead of county jail.  If convicted of a felony, a defendant can face anywhere between 16 months to several years, even life, in state prison. 

Q:  What are some common felonies? 
A:  Common felonies include drug crimes, such as possession, distribution, and manufacturing of drugs; theft related crimes, such as grand theft and residential burglaries; DUI offenses; and violent crimes, including robberies, assaults, and murders.  

Q:  What consequences will I face if I'm convicted of a felony?
A:  In addition to the possibility of jail time in state prison, the fines for felonies are often higher than for misdemeanor offenses, resulting in possibly thousands of dollars in fines.  The felony conviction will also become a part of your criminal record.  You may have to report this conviction in your future job applications, and if you are not a U.S. citizen, you may be subject to deportation by immigration authorities.    

Q:  What can happen if I have one or two felony strikes? 
A:  Generally, in California, if you have been convicted of two prior "serious" felonies (See Penal Code Section 1192.7(c) for a definition of "serious" felonies) you can face 25 years to life in prison for a third felony conviction.  Even if you have been convicted of just one prior "strike" offense and are later convicted of a second serious felony charge, you can face significantly increased jail time for the second conviction.   

Q:  I've been arrested for a felony, can I avoid going to jail?
A:  An experienced criminal defense lawyer can negotiate with the prosecutor to have the charges against you dropped or reduced.  Prosecutors and judges are more inclined to dismiss the charges or reduce your sentence if they find that the evidence against you is weak, police methods of obtaining the evidence against you are unlawful, or the underlying conduct is not serious. When we take on a case, we carefully evaluate the facts, research critical issues, and mount an effective defense on your behalf.  We will also explain the criminal charges against you and let you know what you can expect during the process.  Our goal is to do everything we possibly can to help you avoid jail and other harmful consequences of a criminal conviction. 

For an experienced, committed advocate, contact the Law Offices of Jeffrey B. Hayden for assistance today.