Bay Area Criminal Laws

Felonies

At the Law Offices of Jeffrey B. Hayden, we have considerable experience representing individuals accused of serious felony charges.

Definition of Felonies

California Penal Code Section 17, subdivision (a), defines felonies as crimes that are punishable with death or by imprisonment in state prison.  Generally, felony charges are more serious in nature and carry harsher potential penalties than misdemeanor charges.  Depending on the actual charges that are filed by the state, a defendant can face 16 months to several years in state prison, and hefty fines if convicted.     

Common Types of Felonies

Common felony charges in California include: 

• Drug crimes:  Depending on the amount of drugs that are found and the surrounding circumstances of the case, certain offenses can be charged as felonies, such as possession of drugs for sale, manufacturing drugs, and transporting or distributing drugs.

• Theft crimes:  Usually, a simple shoplifting offense will not be charged as a felony unless you have a prior conviction for shoplifting or a theft-related crime such as auto theft or burglary (referred to as "felony petty theft with a prior").  Other theft crimes that can be charged as felonies include grand theft and residential burglary or "first degree burglary."

• DUI crimes:  A Driving Under the Influence offense can be charged as a felony or misdemeanor depending on whether the defendant has prior DUI convictions and the facts of the case, such as whether anyone was seriously injured or harmed.  If a person had three or more DUI convictions that took place within ten years of the current DUI charge, then the person may be charged with felony DUI instead of a misdemeanor DUI (See California Vehicle Code Section 23550). 

• Crimes of Violence:  Due to the seriousness of crimes involving violence, these offenses are generally charged as felonies.  Violent crimes include robberies, assaults with a deadly weapon, rapes, and homicides. 

California Three Strikes Law

Enacted in March of 1994, California's Three Strikes Law is a complex body of statutes, essentially stating that if a person has been convicted of two "serious" felonies or prior "strikes" he or she may face 25 years to life in prison for the third felony conviction.  Even if the defendant has only one prior strike, if he or she is subsequently convicted of another serious felony then the defendant's sentence can be doubled for the second felony conviction and a five-year prison enhancement can be added to the original term. 

Penal Code Section 1192.7(c) lists the different "serious" felonies that may be counted as a strike offense. 

For an experienced and knowledgeable criminal defense lawyer who can increase your chances of avoiding a criminal conviction or jail time, contact the Law Offices of Jeffrey B. Hayden for assistance today.