A felony charge in California is a serious criminal charge that can result in a sentence of more than one year in state prison. Felonies are more serious than misdemeanors, which are punishable by up to one year in county jail.

What are the consequences of a felony conviction?

  • Prison: A felony conviction can result in a lengthy prison sentence, including life without parole
  • Fines: Felony convictions can result in large fines, up to $10,000
  • Probation: A felony conviction can result in formal felony probation
  • Other penalties: A felony conviction can result in other penalties, such as difficulty finding employment, being prohibited from owning a firearm, or registering as a sex offender

What types of crimes are felonies?

Murder, Rape, Robbery, Burglary, Drug trafficking, White-collar crimes, Kidnapping, Child molestation, Child pornography, and Lewd acts with a minor.

How are felony charges handled in California?

  • A felony prosecution usually begins with an arrest .
  • The District Attorney’s Office decides whether to file charges and what type of charges to file .
  • A preliminary hearing is held where the prosecutor must show probable cause .

Reduced bail or release on your own recognizance .  The court may grant the reduction on a good cause showing. Penal Code § 1289. Penal Code, section 1275 requires that in setting bail, a court must consider that the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or hearing of the case. The public safety shall be the primary consideration. In considering the seriousness of the offense charged, the judge or magistrate shall include consideration of the alleged injury to the victim, and alleged threats to the victim or a witness to the crime charged, the alleged use of a firearm or other deadly weapon in the commission of the crime charged, and the alleged use or possession of controlled substances by the defendant.

Other matters considered by a judge include a defendant’s ties to the community; whether the defendant is employed; what is appropriate amount of bail given the defendant’s wealth or lack thereof; and the defendant’s past record for failures to appear in court. A judge has the power to accept the attorneys’ representations regarding these matters. (Van Atta v. Scott, 27 Cal. 3d 424, 441, 166 Cal. Rptr. 149, 613 P.2d 210 (1980).)