Can I Avoid Jail Time if I Am Convicted of a Felony in California?

If you face allegations of a felony crime, you likely feel terrified and confused. In California, a felony conviction can come with at least one year in state prison. Even so, being found guilty of a felony does not automatically mean that you will be confined to time behind bars. 

In California, you may avoid incarceration following a felony conviction if granted probation. In other cases, convicts avoid jail time through a plea deal. No matter what charges have been filed against you, securing a criminal defense attorney can help give you the best possible outcome.

Felony Probation

Probation allows a person to serve time outside of prison. Unlike misdemeanor probation, felony probation requires that a probation officer supervise the perpetrator. To qualify for felony probation, you must adhere to certain conditions, the most common of which are:

• Attending monthly meetings with your probation officer
• Submitting to random drug testing
• Participating in individual counseling or group therapy
• Performing community service
• Paying restitution to the victim
• Avoiding contact with specified people
• Submitting to searches by the police or probation officer
• Refraining from violating any laws

In determining whether a person should be granted felony probation, the courts will base their decision based on the criteria listed in California Court Rule 4.414: 

• The nature and seriousness of the offense
• Whether the defendant used a weapon
• The vulnerability of the victim
• Whether the victim suffered physical or emotional injury
• How much money did the victim lose
• If the defendant was an active or passive participant in the crime
• Was the crime committed due to an unusual circumstance
• If the defendant has a criminal history
• Whether the defendant shows remorse
• The likelihood of the defendant to adhere to the terms and conditions of probation

Reaching a Plea Deal

A knowledgeable criminal defense lawyer can negotiate a plea deal with the prosecutor, giving you the best possible terms. A plea deal, or plea bargain, requires that you plead guilty to some or all the charges in exchange for a reduced sentence. Sometimes, you may avoid jail time in exchange for pleading to a lesser charge. A plea bargain has the added benefit of allowing defendants to avoid the expenses, time, and uncertainty of going to trial.

An estimated ninety-five percent of state and federal cases are resolved through plea bargains. Given the lengthy minimum mandatory sentences for various felony offenses, a plea bargain may be in the best interest of the defendant. Given the odds, approximately twenty percent of innocent defendants elect to take a plea deal, leading to individuals pleading guilty to crimes they did not commit. 

Contact Our CA Criminal Defense Lawyers Immediately

Having an experienced criminal defense attorney can mean the difference between seeing your child’s high school graduation or spending time behind bars. At Bamieh & De Smeth, we take every measure to help our clients maintain their civil liberties. Our criminal defense attorneys will examine the facts in your case to conduct an independent investigation. 

We use our experience, knowledge, and skills to make an informed decision that will benefit you long-term. Contact us online or by phone as soon as possible to learn more or schedule your free case evaluation.