Defending A Felony Charge In California
For the past twenty-five years, I've been defending people charged with felonies across Los Angeles County. The relief of avoiding a felony, that's probably one of the first considerations you want to consider, can bring a sense of hope and optimism.
A lot of crimes are wobblers, which means they can be reduced to a misdemeanor and eventually dismissed off your record if you get probation, and, of course, you do everything that you're supposed to.
So, that's probably the number one thing we look to do if someone's charged with a felony—to try to reduce the charge to a misdemeanor or even fight the case if the evidence is questionable and we have a good chance of a not-guilty verdict.
In the event of a plea-bargaining situation, remember that there's always a chance for a positive outcome. This knowledge can help keep you optimistic during what can be a challenging process.
The problem with felonies is that they come with many ramifications. You can't vote, and you can't ever own, use, or possess a weapon or bullets as long as you have a felony on your record. Moreover, prosecutors often want jail or even prison time if somebody gets convicted of a felony.
Felony Cases are the Most Serious
I get asked all the time what the difference between a felony, a misdemeanor, and an infraction is. To be honest with you, the dividing line and the differences are nebulous, but obviously, a felony is the more serious of the three, comes with more ramifications, and will impact you the most.
A misdemeanor, while still a crime, is of a lower grade and not as serious as a felony. On the other hand, an infraction is typically a minor offense, often related to traffic violations, and is not considered a crime.
When defending against felony charges, the first step is to assess the case for potential defenses and the likelihood of a not-guilty verdict. This evaluation guides the investigation and case preparation, with the goal of blocking the prosecution's case and securing a favorable outcome for the defendant.
If, on the other hand, we realize you will be convicted of some crime based on the evidence they have, then again, we're looking to try to avoid that felony. If we can't prevent the felony, we're looking to try to set things up so you can earn a misdemeanor again, as long as the case is not a wobbler or a straight felony.
If it's a straight felony, there will be no way to avoid getting the felony conviction unless you can convince the prosecutors to let you plead to a lesser charge that's not a straight felony.
So, suppose you have a felony case after you get past the hurdle of whether it will be a felony or a misdemeanor. In that case, you're looking at jail time, prison time, and whatever terms and conditions the prosecutor and judge are going to want because a lot of times if you get put on probation, you could still get jail time anywhere from zero to 365 days in the county jail.
Fortunately, right now, in our county jail — whether you're charged with a felony or misdemeanor — you're serving a tiny percentage of the time in Los Angeles because of overcrowding.
You really can't say how much you'll serve on a sentence because the sheriffs are the ones who are determining when to let people go, and if they have a formula, it doesn't seem to be based on something that they're willing to share with the public. So, you start to scratch your head whether they have a formula.
County Jail Overcrowding
So, if you're convicted of a felony in Los Angeles, typically, you should expect to serve no more than 50% of whatever time you get. If it's a violent felony, you're supposed to serve 85% of it, and if it's a serious felony, you're supposed to serve 80% of it.
But again, all those numbers are relative because the county jail has the authority and the ability to let you go earlier if they deem it necessary to protect their deputies from having too many people in custody and not being able to deal with them all, to ensure that their jails are safe and not overcrowded, or even to ensure that the inmates are treated right and not jammed together. After all, there are too many of them in there.
These considerations in LA County have been going on for many years, and I wonder if there's an end in sight unless they build a new jail.
So, if you've got a felony matter, you've got to get to an attorney like me. We'll sit down. We'll talk about it; we'll figure out where you fall in the gamut of felony cases, what we can do, and what angles we can take.
We will put together a mitigation package and submit it to the prosecutor. I will then speak to the boss about the case and try to get you a fair result that makes sense under your case. Of course, I will protect your rights, reputation, and freedom. Remember, seeking legal advice is crucial in navigating your felony case, and it can provide you with the reassurance you need during this challenging time.
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