Los Angeles Felony Defense Lawyers

Understanding Felonies: Definition and Classification in California Law

In California, a felony is the most serious type of crime. The consequences of these offenses can be punished by more than one year in custody, typically in state prison, though many felonies now result in county jail time under California’s sentencing laws. Felonies generally involve violence, major theft, significant harm to others, or threats to public safety, which is why the consequences are so severe.

California groups felonies in a few key ways to help determine how they’re charged and punished:

• Straight felonies: These are always charged and punished as felonies; there’s no option to treat them as lesser offenses. Common examples include murder, rape, and first-degree burglary. They often come with required prison time.
• Wobblers: These crimes give prosecutors flexibility. Depending on the details of the case (like how serious the incident was) and your background (such as any prior record), the district attorney can file the charge as either a felony or a misdemeanor. Examples include assault with a deadly weapon and grand theft. A skilled defense attorney can often argue to have a wobbler handled as a misdemeanor, which leads to much lighter consequences.
• Serious felonies: These are specific violent or dangerous crimes listed in California Penal Code sections 1192.7 and 1192.8. Examples include kidnapping, robbery, arson that causes serious injury, and certain sex offenses. A conviction for a serious felony counts as a “strike” under California’s Three Strikes law, which can greatly increase penalties for any future felonies.

Knowing how your charge is classified makes a big difference. It affects what the prosecutor can do, what plea options are available, and what sentence you might face. An experienced felony defense attorney can review the facts of your case and fight to get the best possible classification and outcome.

Key Differences Between Felonies and Misdemeanors

While both felonies and misdemeanors are criminal offenses under California law, they differ significantly in severity, consequences, and legal processes.

• Felonies represent the most serious crimes, typically involving violence, substantial harm, or major theft, and carry stiff sentences.
• Misdemeanors, on the other hand, are lesser offenses like petty theft or simple assault, punishable by up to one year in county jail and fines generally capped at $1,000.

Another key distinction lies in long-term impacts: a felony conviction often results in the loss of civil rights, such as the right to vote, own firearms, or serve on a jury, and can create barriers to employment, housing, and professional licensing. Misdemeanors rarely impose such restrictions, though they still create a criminal record.

Procedurally, felony cases involve more complex stages, including preliminary hearings and potential grand jury indictments, whereas misdemeanors are often resolved more quickly in lower courts. These differences underscore why felony charges demand immediate, skilled legal intervention to mitigate risks.

Charged with a Felony in Los Angeles? How We Can Help.

When facing felony charges, you need an experienced defense attorney who can help you devise the most aggressive and efficient defense for your case and represent you in legal proceedings.

Felony charges can arise from any of the following crimes:

• Murder/homicide
• Child pornography
• Battery
• Sexual assault
• Burglary
• Embezzlement
• Arson
• Auto theft
• Domestic violence
• Unlawful possession of a firearm
• Assault
• Kidnapping
• Theft crimes
• White collar crimes
• Felony DUI
• Drug crimes
• Drug possession
• Elder abuse

Felony charges are very serious, and your attorney will need as much time as possible to study your case and develop your defense, so don’t wait to take action.

Give us a call at (818) 643-3093 for a free consultation with our felony defense lawyers in Los Angeles.

Potential Penalties and Sentencing Guidelines for Felonies in California

A felony conviction in California can result in serious consequences, depending on the specific crime, your criminal history, and other factors in the case.

Here’s a breakdown of the main penalties you could face if convicted and how sentencing works:

• Imprisonment or Jail Time:
  • Most felonies follow California’s determinate sentencing rules, where the law sets three possible terms (called a “triad”); a low, middle, and high term. For many offenses without a specific range, the default is 16 months, 2 years, or 3 years.
  • The judge chooses from this range based on aggravating factors (like prior convictions or use of a weapon) or mitigating factors (like playing a minor role in the crime).
  • For non-serious, non-violent felonies, time is often served in county jail rather than state prison, due to California’s realignment laws.
• Fines:
  • Courts typically impose a restitution fine ranging from $300 to $10,000, which goes to a state fund supporting crime victims.
  • Additional fines can reach thousands of dollars, depending on the offense.
• Victim Restitution:
  • You may be ordered to pay direct restitution to victims for any financial losses caused by the crime, such as medical bills, property damage, or lost wages. This is separate from fines and must be paid in full.
• Probation:
  • Instead of (or after) jail time, you could receive formal probation, often with strict conditions like regular check-ins, drug testing, counseling, or community service.
  • Felony probation usually lasts up to two years under current laws.
• Three Strikes Law Enhancements:
  • If you have prior convictions for serious or violent felonies, penalties increase significantly: a second “strike” can double your sentence, and a third can lead to 25 years to life.
• Other Possible Consequences:
  • Community service, mandatory programs (like treatment or counseling), or registration requirements for certain offenses.
  • For lower-level felonies, alternatives like diversion programs may be available, focusing on rehabilitation and potentially avoiding a conviction.

Sentencing guidelines are designed for consistency, but judges have some discretion. While the details of your case will determine the specific penalties you could be facing, an experienced defense attorney can present mitigating factors, negotiate alternatives, or challenge enhancements to seek a more favorable outcome.

Long-Term Consequences of a Felony Conviction

A felony conviction can have long-lasting consequences. In addition to potential prison time and fines, a felony conviction can impact your ability to find employment, obtain housing, and even vote. It can also result in the loss of certain rights, such as the right to own a firearm or serve on a jury.

At Lessem, Newstat & Tooson, LLP, our Los Angeles felony defense attorneys understand the gravity of a felony charge and the importance of a strong defense. We work diligently to protect our clients’ rights and minimize the impact of a felony charge on their future.

It’s important to remember that being charged with a felony does not mean you are automatically guilty. Our experienced felony defense lawyers will investigate all aspects of your case, gather evidence, and build a strong defense strategy tailored to your unique circumstances.

Reasons to Choose Lessem, Newstat & Tooson

When facing felony charges in Los Angeles, it is crucial to have a skilled and experienced defense attorney by your side. At Lessem, Newstat & Tooson, we understand the seriousness of felony crimes and the potential life-altering consequences they can have. We are committed to providing an aggressive and strategic defense to protect your rights and fight for the best possible outcome.

Why choose us for your felony defense:

• Extensive experience defending against a wide range of felony charges
• Proven track record of success in obtaining favorable outcomes for our clients
• Personalized and tailored defense strategies based on the unique circumstances of your case
• Thorough investigation and analysis of evidence to build a strong defense
• Strong courtroom advocacy and negotiation skills
• Compassionate and understanding approach to guide you through the legal process

Our dedicated team of felony defense attorneys is here to protect your rights and fight for your future. Contact us today to schedule a consultation and discuss your case.

Put Decades of Experience in Your Corner

Do not take felony charges lightly; retain the services of an experienced defense attorney from Lessem, Newstat & Tooson, LLP as soon as possible. Our Los Angeles felony lawyers have over 50 years of combined experience handling criminal defense cases of all types, including felony cases. We have the knowledge and capabilities needed to give you and your case the best defense possible.

Contact our firm as soon as possible if you are facing felony charges. We may be able to have your charges dropped or reduced, and we can aggressively defend you in court.