Commission of a crime is serious, but when it is a felony it is the most serious of offenses. In California, you can expect that when you are charged with a felony, you have a fight ahead of you. Knowing what a felony means and what to expect can go a long way to helping you understand what you face. Then, finding an experienced, resourceful Los Angeles criminal defense attorney to help you face the charges and fight them will be fundamental to safeguarding your rights and freedoms.
William Kroger is an aggressive, smart, resourceful criminal defense lawyer based in Los Angeles, California, but representing clients throughout the L.A. metro region. He is a native of L.A. and has been practicing law here since 1997. He and his legal team are available to speak with you regarding your felony and to discuss the best options available to you. Contact his office today at 323-655-5700.
Crimes in California are categorized as misdemeanors and felonies. In general, it's the penalties that distinguish felonies from misdemeanors. Felonies are judged more severe than misdemeanors and thus carry harsher sentences if a conviction is rendered. In fact, felonies are punishable by incarceration of more than one year in state prison and, in some cases, the death penalty. Sometimes a felony sentence may be served in county jail if the sentence is pursuant to PC 1170(h). If, on the other hand, you are convicted of a misdemeanor, you face less than a year in the county jail.
Felonies encompass a range of crimes that can be violent or non-violent. Felonies are not characterized by any specific traits but are felonies based on the severity of the act. Some misdemeanors, however, can be elevated to felonies, and vice versa. These types of crimes are wobblers. They can be either felonies or misdemeanors depending on circumstances. Not all felonies are wobblers, and these are known as straight felonies.
A straight felony can only be charged, convicted, and sentenced as a felony. Straight felonies tend to be the most serious and violent of crimes and qualify for California's three-strikes law. The three-strikes law means that each qualifying conviction is a strike on your record and once you have.
As mentioned, in straight felony circumstances, the district attorney (DA) lacks the discretion to file a criminal charge as either a felony or misdemeanor because -- if the felony is a straight felony -- it can only be charged as a felony. Examples of straight felonies include:
A wobbler offense is one where a crime may be charged, convicted, and sentenced as a misdemeanor or felony. In the case of wobblers, the DA has the discretion to charge the crime as either a felony or misdemeanor. When making this decision, the DA will consider two factors:
Examples of wobbler offenses include:
Penalties come in various forms, from incarceration to probation to fines to collateral consequences.
While many states categorize their felonies according to classes or degrees and then associate penalty ranges to each respective class or degree, California sets penalties according to the crime. Most felonies are accompanied by a low, mid, or high term, with the high term being the most severe sentence.
Deciding which of the three terms the judge will apply to your case is at the discretion of that judge. He or she will take into consideration any aggravating or mitigating circumstances. The more aggravating factors the more likely you will be sentenced to the higher term while the more mitigating factors the more likely you will be sentenced to the lower term. If neither aggravating nor mitigating factors exist, you will likely be sentenced to the middle term.
Examples of aggravating factors include but are not limited to:
Examples of mitigating factors include but are not limited to:
When a felony does not carry a specific prison term, then the sentence may be set for:
California judges are allowed by state law to give a person convicted of certain felonies a "suspended sentence" in place of an incarceration. This suspended sentence refers to felony (or formal) probation. If granted probation, you will have to successfully complete the terms and conditions of the probation. If you do so successfully, you will not have to serve time in jail or prison.
Fines for a felony conviction can be steep. Typically, a fine can go up to $10,000. But in many cases, particularly drug offenses, fines can well-exceed the $10,000 mark by many thousands of dollars more.
Apart from incarceration, probation, and fines, as a convicted felon you still suffer consequences long after your debt to society has been paid. A felony conviction can impact your life in ways you may never have imagined. Some of these consequences include:
There are many steps you will take to complete the court process. A qualified attorney who has the experience and resources will guide you through this process. Though each case is different, thus, each case's specific process may vary, there are some general steps.
The arraignment is the first hearing you will have before a judge. Here, the charges and your constitutional rights are read to you unless you waived it. After the reading, you will enter a plea of guilty, nolo contendre, or not guilty. After the pleading, you are remanded to custody (if not already in jail), released on your own recognizance, or bail is set.
At your pretrial conference, your defense attorney will discuss an early resolution.
The focus of a preliminary hearing is to determine if probable cause existed. The burden of proof is a much lower standard than a showing of beyond a reasonable doubt. If probable cause is found, you will be arraigned again, but at the County of Los Angeles Superior Court unless you were arrested in another California county where you will be arraigned at that county's respective superior court. At the arraignment at the superior court, you will again enter a plea.
After the pretrial conference and before trial, your attorney will develop your defense strategy using discovery and motions to propel the strategy forward. Your attorney will file a number of motions, when applicable. These motions could include a Motion to Dismiss (otherwise known as a 995 Motion to dismiss the case on the basis that probable cause does not exist) or a Motion to Suppress under PC 1538.5 (where evidence can be excluded if it was the result of a constitutional violation), or Motion to Compel Discovery. Discovery is where the prosecutor and defense request from and share with each other evidence pertinent to your case. The State is not allowed to keep any evidence secret from your attorney.
If the case proceeds, you will go to trial. A jury trial for a felony involves 12 persons. You will have the opportunity to waive a jury and have a bench trial, but your attorney -- if a trial attorney with experience -- will advise you otherwise. Jury trials can be won and they can be won through the art of smart defense strategy and persuasion.
At the end of the trial, the jury will deliberate and return a verdict. If you are found not guilty, you will go free. If you are found guilty, a sentencing hearing will be set. The judge will likely order a presentence report through the probation department. Your attorney will argue for the lowest sentence, employing mitigating factors to persuade the judge.
Defending a felony in California is fact-intensive; each defense strategy will be unique to each particular case. That said, there are some basic defenses that can be employed in addition to certain strategies. Basic defenses include:
Some strategies that can be effectively combined with these defenses or used on their own to weaken the State's case include:
The key will be how the attorney executes your defense before and -- if it comes to it -- at trial in front of a judge and jury.
In some cases, if relevant and only if in your best interests, your defense strategy may actually be one where you plead guilty to partake in a felony diversionary program. If you complete it successfully, the charges can be dismissed. But diversion is available in limited felony cases and may or may not benefit you. It's something William Kroger will speak to you about in order to outline both the advantages and risks of such a program.
William Kroger will use his skill and resources to defend you, your freedom, and your good name. The goal is a dismissal of the charges prior to trial or acquittal at trial. But if you are convicted, William Kroger will discuss your options with you, including the option of filing an appeal within 60 days. As you can see, however, a felony charge is very serious. Let William Kroger put his skill and reputation to work for you. Contact his office either online or at 323-655-5700.