Are you facing a criminal charge in California? Then, it is important to know how the state categorizes different offenses. You also need to know what those categories mean for your case.
Felony convictions usually carry severe penalties. They also come with consequences that last long after the jury decides.
Some crimes are charged as straight felonies. This means a specific offense is prosecuted exclusively as a felony. There is no option for you to have it downgraded to a misdemeanor.
Felony Classifications in California
According to California law, criminal offenses are considered either misdemeanors or felonies. Misdemeanors equal less serious crimes. As such, they carry lesser sentences.
In between misdemeanors and felonies, you get wobbler offenses. If you commit a wobbler offense, you will be charged with either a misdemeanor or a felony.
Straight felonies, as mentioned, are always classified as a felony. If charged with a straight felony, you will most likely go to prison. If you don’t go to prison, you may potentially pay a huge fine and have your civil rights restricted.
Examples of Straight Felonies
California considers several crimes as straight felonies. Examples include:
- Murder (Penal Code 187 PC). This refers to killing another person with malicious intent or aforethought
- Rape (Penal Code 261 PC). This involves engaging in non-consensual sexual intercourse.
- Kidnapping (Penal Code 207 PC). Forcibly holding someone against their will and taking them to another location.
- Robbery (Penal Code 211 PC). Stealing someone’s property while intimidating them or taking property by force.
- Arson (Penal Code 451 (PC). Setting fire to a building, property, or forest (intentionally).
- Human trafficking (Penal Code 236.1 PC). Recruiting or transporting someone for forced labor or sexual exploitation.
Drug offenses are also straight felonies if they involve large-scale drug smuggling or manufacturing meth.
Penalties for Straight Felonies in California
The penalty you pay for your specific crime depends on several factors. In most cases, a severe crime and aggravating factors can make your sentence worse.
The most common penalties include:
- State prison sentence. Straight felonies usually carry a multi-year sentence. This means you could spend between a few years and life in prison.
Keep in mind that if your case involves something like murder, you may be sentenced to life without parole.
- If convicted of another crime, you may need to pay a fine. Depending on your offense, this fine can be a few thousand dollars or tens of thousands of dollars.
- Probation and parole restrictions. Some felony convictions allow for probation instead of prison. However, the majority of straight felonies require imprisonment.When you have served your sentence, you may qualify for parole. However, your parole will be strictly monitored.
- Loss of rights. If convicted, you will lose your right to vote while in prison. You will also not be allowed to own or carry a firearm in California.You may also experience a lack of employment opportunities when you are released from prison.
Defense Against Straight Felony Charges
It is important to note that just because you are charged with a straight felony does not mean you will be convicted. You have legal defenses available to you, depending on the circumstances of your case.
Your lawyer will likely employ one or more of the following strategies.
Lack of Evidence
The prosecution must prove your guilt beyond a reasonable doubt. If they only have weak or unreliable evidence, your lawyer will move to have the case dismissed.
Mistaken Identity
If you were falsely accused of a crime, your lawyer will work to find the source of the accusations. For example, an eyewitness may have misidentified you, or circumstantial evidence may have landed you in trouble.
Self-Defense or Justification
If someone attacked you and you killed them to protect yourself, your lawyer will probably argue self-defense. They may also argue that your actions were legally justified.
Constitutional Violations
If the police obtained evidence against you via an illegal search, the case may be challenged in court. The same applies if you were forced to confess.
Why You Need a Lawyer
You should not attempt to represent yourself if you are charged with a straight felony. Instead, hire an experienced criminal defense attorney.
Your lawyer will explain your rights and options to you. They will also develop a legal strategy that suits your case.
If a plea deal applies, your lawyer will negotiate with prosecutors on your behalf. They will also represent you in court and fight for a good outcome.
Getting the right legal representation can help you protect your rights while you explore possible defenses, and making sure you’ve researched exactly which criminal lawyer can help you most is absolutely vital.
