Felony in California can be described as crimes that are punishable with a minimum sentence of 1 year in jail. Certain serious crimes are known as ‘straight felonies’ that are even punishable by death. Some of them are listed as follows:
- Lewd Acts with a child,
- Sale of a controlled substance,
- Vehicle manslaughter
These are some examples of crimes that are considered to be serious or ‘straight felonies’. A felon can discuss the intricacies of his/her case and the consequences of a felony conviction with their criminal lawyer. Let’s take a look at what the law states regarding a California felon and about a convicted felon the next time he/she commits a crime.
Felony And Misdemeanors – Penal Code PC 17 (a) (b) PC
It is stated in Penal Code 17 (a) PC that any felony can be punishable by either death or imprisonment in state prison or county jail. The other crimes or public offenses committed are known as misdemeanors.
Penal Code 17 (b) PC broadly states that when a crime is punished by the court as either imprisonment in the county jail or the state prison under Penal Code 1170 PC or imprisonment in the county jail, it will be considered to be a misdemeanor. The conditions that are required for it to be so are given as follows:
- After the court has committed to the defendant in question to the Division Of Justice, the offense is designated to be a misdemeanor.
- While the court is granting probation to a defendant, they declare the offense to be a misdemeanor on the defendant’s or the probation officer’s application.
- When the prosecuting officer specifies that the offense was a misdemeanor in a court that has jurisdiction over a misdemeanor. If the defendant objects at his/her trial or arraignment about the offense being a misdemeanor, it will be counted as a felony.
Penalty For Felony – Penal Code PC 672
The Penal Code PC 672 states that if a defendant is convicted for any crime that is punishable by being imprisoned in county jail or state prison and a fine is not prescribed yet, the court may punish the defender and charge him/her with a fine that does not exceed $1000 for misdemeanors and up to $10,000 for felonies. He/she may seek representation with a defense lawyer. The fees may either be charged with imprisonment of jail-time.
Straight Felony In California– Penal Code PC 667
The Penal Code PC 667 states that any individual who has been convicted of a serious felony and has also been previously convicted of a felony will receive five years of enhancement on every conviction, the charges of which have been brought and tried separately. However, if a punishment is imposed under any other provisions of law with long imprisonment, it will not be applicable. The legislature can increase the length of the enhancement of the sentence with each vote of the house. The purpose of the legislature is clear. They intend to punish those who commit felonies after having been convicted for one by giving them long prison sentences. In the case that a defendant has been convicted of a felony and it has been proven by the court that he/she has one more serious felony, the court will act accordingly:
- There will not be a limit on the aggregate term of any consecutive sentencing for any other felony.
- The defendant will not be granted probation for the current offense and neither shall the execution of his/her sentence be suspended for a previous offense.
- The duration between the previous offense and the current offense does not affect the imposition of the current felony charge on the defendant.
- The defendant will only be committed to state prison and not be eligible for a rehabilitation center in California.
The Defense Lawyer’s Role In The California Federal System
A criminal attorney in California is responsible for making his/her client aware of the conditions stated by the law for a California felon. If you are seeking guidance regarding this matter, do not hesitate to reach out to The Law Office of Raoul Severo by mentioning the defense attorney coupon code: CriminalDefense_07-20 and be granted with a cost free first evaluation of your case.