What is a Felony Charge?

In the United States, a felony is the most serious type of crime that you can commit. According to California Penal Code §17(a), a felony is “punishable with death, by imprisonment in the state prison…or by imprisonment in a county jail.”

The main difference between a felony and a misdemeanor is the amount of jail time. While a misdemeanor offense only carries a maximum of one-year incarceration, a felony comes with a minimum of one year in jail.

No matter the charge or its severity, you want a Ventura County criminal defense attorney who can provide you with aggressive representation.

Examples of Felony Offenses Under California Law

Common types of felony charges in California include:

• Penal Code § 187: Murder
• Penal Code § 207(a): Kidnapping
• Penal Code § 209: Aggravated Kidnapping
• Penal Code § 245(a)(2): Assault with a Firearm
• Penal Code § 192 (c): Gross Vehicular Manslaughter
• Penal Code § 211: Robbery
• Penal Code § 215: Carjacking
• Penal Code § 287: Grand Theft (item stolen was greater than $950, car, or gun)
• Penal Code § 594: Vandalism (when damage is $400 or more)
• Penal Code § 601: Aggravated Trespassing

Entering a Plea

If you have been charged with a felony in the Golden State, you will have to attend an arraignment. At the arraignment, you will enter a plea of guilty, not guilty, or nolo contendere.

Nolo contendere translates as “I do not wish to contend.” This plea is not always available, but it may be the best option in some cases. A nolo contendere plea does have the benefit of protecting you from being sued civilly for the same matter. However, a nolo contendere plea is essentially a guilty plea, meaning that you will not have the opportunity to fight the charges brought against you.

Preliminary Hearing

At the preliminary hearing, the prosecution has the burden of establishing probable cause that you committed the alleged crime. If there is insufficient evidence, then a judge will dismiss the charges against you.

If you have been detained since your arrest, then the preliminary hearing must be held within 14 days of your initial appearance in court. If the defendant is out on bail, this time frame can be extended to 21 days after your initial court appearance.

Ramifications of a Felony Conviction

If you are convicted of a felony in California, you may be incarcerated in state prison and have to pay up to $10,000 in fines. While you may think that is enough punishment, a felony conviction on your record may keep you from living a normal life.

You may be unable to renew any professional licenses, rent an apartment, or secure employment. Additionally, you will lose your voting rights and be prohibited from owning a gun. This is all after you have served time.

Contact a Ventura Criminal Defense Lawyer Today

If you have been charged with a felony, you need an attorney who will go the extra mile. At Bamieh & De Smeth, we want to help you through this trying time. Contact us today online or by calling 805-643-5555 to schedule your free consultation to find out more.