A felony conviction has serious ramifications. You may be facing major prison time and overwhelming fines. Unfortunately, even after your sentence is served, the stigma of a felony conviction can haunt you as you search for housing and employment.
The decisions you make in the wake of an arrest can have a direct effect on the outcome of your case. An experienced Los Angeles felony lawyer can help you immediately assess your case, identify the best avenues for defense, and fight for the charges against you to be reduced or dismissed altogether. If a conviction is unavoidable, a skilled defense attorney can help you negotiate for less severe penalties so you can put this nightmare behind you as soon as possible.
At the Law Offices of Justin E. Sterling, we have more than two decades of experience helping Los Angeles residents fight felony charges. Let us put our knowledge and resources to work for you. Contact us now for a free and confidential review of your case.
Why Choose the Law Offices of Justin E. Sterling?
Our respected Los Angeles criminal defense firm provides aggressive representation and outstanding service.
Our clients benefit from:
- Over two decades of criminal trial experience, with more than 70 cases brought to verdict
- A trusted team of expert investigators with law enforcement backgrounds
- An intentionally small caseload that allows for personalized representation
- Excellent working relationships with prosecutors and courts throughout the Southland criminal justice system
When facing felony charges, you need an attorney who takes your case as seriously as you do. You can count on our team to fight fiercely for you.
What to Expect If You’ve Been Arrested on Felony Charges
Being arrested on a felony charge can be scary, and the criminal justice system can be hard to understand. The basic steps of what you can expect are:
Arraignment
After your arrest, you’ll have you first formal appearance court – called the arraignment. Here, you will be informed of your rights and the criminal charges against you. You will be asked to enter a plea – guilty, not guilty, or nolo contendere. The terms of your bail will also be set. It is crucial to have a skilled California felony attorney represent you at this first appearance. There are many opportunities early on to build your defense. So the sooner you begin working with an attorney, the better.
Pre-trial proceedings
During the pre-trial phase, both sides launch investigations to uncover evidence pertinent to their case. Each side will have a chance to review the other’s evidence as part of the discovery process. There may also be motions and waivers filed, such as motions to suppress certain evidence. During this pre-trial stage, your defense attorney will get a good idea of the evidence against you and your odds at trial. Your attorney may work out a plea deal or push for the case to be dismissed altogether.
Trial
If your case goes to trial, both parties will be allowed to make oral arguments, present witness testimony, and submit evidence. Once bother parties present their cases, a verdict is rendered.
Sentencing
During the sentencing phase, the punishment is determined. The law usually does not dictate a specific criminal sentence. Rather, it sets parameters that the sentence must fall within. For example, some felonies carry a prison term of 2, 4, or 6 years. Thus, the prosecution may make the case, by submitting items such as victim impact statements, that a harsher sentence is warranted. The defense can argue for leniency, submitting evidence that the defendant’s role in the crime was minimal and they play a positive role in their community.
What Is a Felony Charge?
In California, felonies are crimes that carry minimum prison sentences of 1 year and maximum fines of $10,000.
Most serious crimes are felonies. Examples include:
- Murder – Penal Code 187
- Attempted Murder – Penal Code 667/187
- Kidnapping – Penal Code 207
- Grand theft – Penal Code 287
- Carjacking – Penal Code 215
- Gross vehicular manslaughter – Penal Code 192(c)
- Assault with a firearm – Penal Code 245(a)(2)
Felonies are divided into two categories:
- A straight felony is a crime that can only be charged as a felony, never as a misdemeanor. Examples of straight felonies in California include murder and vehicular manslaughter with gross negligence.
- A wobbler felony, on the hand, is a crime that may be charged as either a felony or a misdemeanor, depending on the nature of the crime and the defendant’s criminal history. Domestic violence under Penal Code 273.5 is one example of a wobbler offense. The charge hinges on the nature of the abuse. If the offender inflicted bodily harm, they are charged with felony domestic violence. If they only unlawfully touched the victim, they are charged with a misdemeanor.
Whether you are charged with a straight felony or a wobbler offense, there will be many opportunities to poke holes in the prosecution’s case and argue for charges to be reduced or dropped. You should speak with a Los Angeles felony attorney from our firm as soon as possible to discuss your next steps.
Common Types of Felony Cases We Handle
With more than two decades of experience, the legal team at the Law Offices of Justin E. Sterling has successfully handled a broad range of felony cases, including:
- Violent crimes (such as manslaughter, murder, robbery, assault, and forcible rape) – California Penal Code 187/192
- Domestic violence and child abuse – California Penal Code 273.5/273(d)
- Weapons crimes(such as carrying a concealed weapon, possessing a gun without proper licensure, or a felon possessing a gun) – California Penal Code 417
- Drug charges – Health and Safety Code 11350
- White-collar crimes (such as fraud, embezzlement, forgery, and counterfeiting) – California Penal Code 503/186.11
- Property crimes (such as auto theft, burglary, larceny, arson, and theft) – California Penal Code 496
Penalties for a Felony Conviction
Penalties for a felony conviction can vary widely. This is because judges usually have significant leeway to decide the defendant’s sentence. Here are the sentences for some common felonies:
- Murder – 25 years to life for first-degree murder, 15 years to life for second-degree murder and a maximum fine of $10,000
- Rape – 8-13 years in prison
- Vehicular manslaughter with gross negligence – Maximum prison sentence of 6 years
- Kidnapping – 8 years in prison and a fine of up to $10,000
- Grand theft – Up to 3 years in prison
- Carjacking – Up to 9 years in prison and a fine of up to $10,000
- Assault with a firearm – Up to 4 years in prison
- Aggravated battery – Up to 4 years in prison and a maximum fine of $10,000
Understanding California’s Three Strikes Law
In California, when someone is convicted of a felony, their sentence is impacted by previous felony convictions. This is known as California’s Three Strikes Law.
If someone is convicted of a felony and has a previous “serious” felony conviction, they will receive double the standard sentence. The implications are even greater if the defendant has two prior felony convictions, in which case they will receive a prison sentence of 25 years to life.
Felony FAQs
Yes. But not by the victim. Only the prosecutor is able to drop felony charges in California.
Yes. Felony cases can be reduced to a misdemeanor. During the pre-trial proceedings, the defendant may be given an opportunity to accept a plea bargain, which could reduce a felony to a misdemeanor.
Yes. Some defendants qualify for felony probation. Discretion to grant probation in lieu of prison time rests with the judge. A variety of factors go into the decision, including the nature of the crime, whether a weapon was used, and the defendant’s criminal record.
Generally, a felony stays on your record for life. It can only be removed in certain circumstances through a process called expungement.
In California, you may only qualify for expungement if:
- You served your probation;
- You did not serve time in state prison; or
- You served time in a state prison, but you would have served time in a county jail if you had committed the crime post-realignment under Proposition 47.
A Los Angeles Felony Attorney Can Help
Giving yourself the best chance at a defense starts with hiring an experienced Los Angeles felony attorney. A California criminal defense attorney from the Law Offices of Justin E. Sterling can assess the facts of your case and determine all possible defenses.
The Law Offices of Justin E. Sterling serve clients in Beverly Hills, Brentwood, Burbank, Century City, Los Angeles Airport, Marina Del Rey, Pasadena, Sherman Oaks, Torrance, Valencia, and Woodlands Hills. Contact us today for a free and confidential review of your case.