What is Considered a Felony in California?
California is one of the strictest states when it comes to criminal law and sentencing. Felonies in California are serious criminal offenses that carry harsh punishment, including imprisonment, fine, and restitution. As of 2021, California has a total of 49 felony crimes recognized under its penal code (Penal Code §10, et seq.).
In this article, we’ll explore what constitutes a felony in California, the potential penalties, and some surprising facts about felony convictions. By the end of this article, you’ll gain a better understanding of felony laws in California.
Contents
What Constitutes a Felony in California?
As mentioned earlier, California laws categorize crimes into felony and misdemeanor offenses. There are several ways a person can commit a felony offense, including:
• Violent Crimes:
- Murder: killing another human being in a deliberate and premediated manner (Penal Code §187).
- Voluntary manslaughter: deliberately causing the death of another person, but with temporary insanity or a reasonable trigger (Penal Code §192).
- Unlawful sexual intercourse by threat or violence (Penal Code §261(4)).
• Property Crimes: - Grand theft: Theft of property valued at a minimum of $950 under false pretenses or if the property is taken away (Penal Code §490).
- Embezzlement: embezzling public or municipal funds (Penal Code §503).
- Receiving stolen property known to be stolen (Penal Code §496(A)).
• Forgery and Counterfeiting: Forging or altering evidence of ownership, endorsement or alteration of writings (e.g., checks, insurance policies) (Penal Code §476(A)): - Counterfeiting federal or state currency notes, coins, or printed matter (Penal Code §475(A)).
Felony Sentences in California
In California, when an individual is convicted of committing a felony, they risk facing severe penalties. Mandatory sentences for certain felony violations can include:
• State Prison Time: Varying sentences from at least 16 months for misdemeanors to 13 to 25 years behind bars for more severe colony convictions.
• FINES: Additional penalties beyond state prison time, consisting of fines, ranging between $10,000-$10,000,00 (Penal Code§672).
• RESTITUTION: Pay monetary restitution to victims for court-ordered compensation, either partial or full.
Penalties for felonies categorized under the "three strike" law are significantly intensified:
• LWOP (Life Without Possibility of Parole or Early Release): Can result in life imprisonment upon the third felony conviction; see California Three Strikes, Proposition 36 (Cal. Const., art, XIII, §40A(b)).
Surprising Facts and Implications
• Cerfing Convictions Doesn’t Always Result in Actual Incarceration: Often, felons serve significant amounts of time under what is known as "formal probation." During such time, the offender undergoes supervision and performs terms outlined in their sentence in an effort to reduce eventual parole or prison sentences should further infractions occur (California Rules 4.400 (Amended 12/1993).
• Expungment is Possible: With judicial permission, California felons may have their criminal cases reduced or expunged and be eligible for professional & professional licenses and/or obtain pardons, restoring privileges that were once denied:
• <u>Total and Conditional Discharge Statutes</u> ((California Penal Code 851.6; California Statute 1203(4)):Frequently Asked Questions (F.A.Q.)
Q: Am I eligible for early sentencing?
