Los Angeles Criminal Defense Lawyer Blog

Crimes in California are generally classified as either misdemeanors or felonies. Misdemeanors are typically considered less severe crimes and are punished accordingly. Most misdemeanors carry a punishment of fines, counseling or probation, but can also be punished by up to one year in a county jail.

Felony crimes, however, typically garner a minimum of 16 months in a state prison or, depending on the crime, life in prison. Punishments for felonies also carry what could be a lifetime of limited employment or living choices after time in prison has been served. Many would-be employers or landlords are hesitant to hire a convicted felon, or are often fearful of allowing a person with a criminal record to reside in their property. Applying for a home loan or other forms of credit may also pose similar difficulties.

While many misdemeanor and felony crimes can be similar in concept, what typically separates the two are the amount of damage done and the means with which the crime was committed. Examples of felonies include, but are not limited to: embezzlement, fraud, forgery, computer fraud, rape, sexual abuse and/or assault, possession of child pornography, murder, manslaughter, arson, grand theft involving a firearm, drug possession or manufacturing and drug possession with intent to sell.

Crimes such as theft can be upgraded from misdemeanor to felony status if the value of the items stolen is more than $400. Sentencing for felony criminal offenses are typically assessed low, middle or high term punishments. The type and length of punishment given by a judge depends on several factors such as whether or not the crime involved great violence or bodily harm to another person, whether or not a firearm was used to commit the crime and the particular vulnerability of the victim of the crime. Consideration is also given to whether or not the accused was defending themselves or if they were provoked or coerced in some way.

California has the added element of a "Three Strikes" laws. These laws can double prison sentences if the defendant has a prior criminal record, and when the third "strike" is committed, the defendant automatically faces life in a state prison without the possibility of parole.

Felony criminal offenses are taken very seriously in California and prosecuted vigorously. Having an experienced criminal defense attorney is absolutely essential in fighting to stay out of prison. The right attorney can potentially help you avoid jail time for a felony conviction and later help have the offense expunged from your criminal record. If you are being charged with a felony offense, call the attorneys at Rodriguez, Lewis & Kahn today to begin preparing your defense.