What Are the Different Classes of Felonies in CA?

May 31, 2024

If you’re facing a felony charge in California, it’s a serious matter that can directly affect your freedom as well as your social standing and other primary concerns on the outside, such as your ability to rent a place to live, obtain a home loan, or even to get a job or advance your career. In other words, a felony charge is a serious matter, and bringing your strongest defense is always advised. Work closely with an experienced Ventura County criminal defense attorney from the start.

Felony Classes

California doesn’t categorize felony charges in specific classes, such as Level 1 or Class A, the way many other states do. When it comes to interpreting exactly how serious a felony charge is, the punishment allowed by law is the determining factor. Once the accused is convicted of a crime, the judge handling the case sentences them according to the state’s Penal Code. The Code’s sentencing rules guide how harsh or lenient the imposed sentence can be for the crime in question.

Determinate and Indeterminate Sentences

Unless the defendant is sentenced to either life without the possibility of parole (LWOP) or to death – both of which are reserved for only the most serious cases – felony sentences in California are characterized as either determinate or indeterminate.

Determinate Sentences 

When a determinate sentence is imposed, it is set for a specific period of time that the defendant is required to spend in prison – with time off for good behavior behind bars and credit against the sentence earned through work. With a determinate sentence, you know the maximum amount of time you’ll spend behind bars for the conviction.

Indeterminate Sentences

Indeterminate sentences, on the other hand, don’t have a predetermined end date. As such, they’re life sentences with a minimum stay attached. A sentence of 10 years to life, for example, means that the individual will generally serve at least ten years in prison, but there is no guarantee that they will be released at this time – or ever. The matter of early release – after that mandatory ten years – is left to the parole board

The Judge’s Discretion

When an indeterminate sentence is attached to the crime, the judge has little discretion when it comes to sentencing, which is predetermined. For example, the charge of first-degree murder, with no aggravating circumstances such as the following, requires a sentence of 25 years to life:

Most criminal charges in California, however, carry determinate sentences, which afford the judge more leeway when it comes to sentencing. In these cases, the judge generally has three sentencing options, which include lower, middle, and upper terms, and must choose from these according to the specifics of the case.

Call an Experienced Ventura County Criminal Defense Attorney Today

The trusted Ventura County criminal defense attorneys at Bamieh & De Smeth dedicate their practice to helping clients like you obtain favorable case resolutions that support their brightest futures. We’re on your side and here to help, so please don’t wait to contact us online or call 805-643-5555 today.