Upon your arrest for a crime in California, the prosecution will file criminal charges. Crimes in California are classified as misdemeanors or felonies, depending on the circumstances. Facing a felony charge is different from faxing a misdemeanor. The differences in this case range from the moment of arrest to posting bail to prosecution and punishment.
If you are facing criminal charges, you must understand the difference between a felony and a misdemeanor. This helps ensure you are well prepared to face your charges and the potential penalties of a conviction for your offense. Your attorney can help you negotiate a reduction of a felony charge to a misdemeanor or convince the court to impose a favorable sentence after your conviction.
Differences between a felony and a misdemeanor include the following:
Difference in Definition and the Severity of the Offenses
A felony is a severe offense often involving violence against another person, a threat to life, or substantial financial losses. Felonies are punishable by lengthy prison sentences and hefty fines.
Felony Offenses
Typical offenses that are classified as felonies under California law include:
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Murder
Under California PC 187, murder is one of the most serious offenses with which you could be charged. The offense involves the unlawful killing of another person. Murder is classified into first and second degrees, depending on how you caused the victim's death. First- and second-degree murder attracts felony charges, and a conviction could result in life imprisonment.
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Rape
California PC 261 defines rape as non-consensual sexual intercourse accomplished through force, violence, or threats. A defendant could also be charged with rape or engaging in sexual intercourse with a person who cannot legally consent to the act. Due to the immense physical and emotional trauma caused by this crime, the offense attracts serious charges and severe punishment.
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Aggravated Assault
Aggravated assault is a crime that involves a clear intent to cause severe bodily injury to another person. You will be charged with this offense under PC 245 if you disregard other people's safety. Although aggravated assault is a wobbler, the prosecution can file felony charges when you cause actual injury to the alleged victim.
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Sale of a Controlled Substance
California Health and Safety Code 11351 makes it a crime to sell a controlled substance in California. Although the possession of these regulated substances is a crime, selling or intending to sell the drugs is more severe. The prosecution will prove your intent to sell the drugs by considering factors like the quantity of the substance, the presence of packaging materials, and evidence of frequent transactions.
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Carjacking
According to California PC 215, it is a felony to take a vehicle from another person using force, fear, or violence. You will be found guilty under this statute if the prosecution can prove that you took the vehicle from the victim's immediate presence. A conviction for carjacking attracts severe legal and collateral consequences.
Misdemeanor Offenses
A misdemeanor, on the other hand, is a less serious offense. You will be charged with a misdemeanor for an offense that does not cause injury or death to another person and does not result in significant financial losses. Common types of misdemeanors under California law include:
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Shoplifting
Under CPC 459, shoplifting involves entering an open business during normal working hours and taking merchandise worth $950 or less. It is a misdemeanor offense punishable by up to six months in jail. Sometimes, you may be sentenced to probation instead of incarceration.
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Simple Battery
Battery is any purposeful and illegal use of violence or force against another person. You can be charged with this offense under PC 242 for the slight offensive touching of another person. A simple battery is always charged as a misdemeanor.
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Possession of a Controlled Substance
Although some controlled substances, like marijuana, are legal in California, The state controls the purchase, use, and possession of most drugs. You will be charged with possession of a controlled substance under HSC 11350 if the prosecution proves that you were in actual, constructive, or joint possession of the controlled substance. Possession of a controlled substance is a misdemeanor that attracts a jail sentence of up to one year.
Differences in Bail Considerations
After an arrest for committing a felony or a misdemeanor in California, you could remain in jail while you wait for the court to schedule your trial and other proceedings. Bail assures the court that a defendant will appear in court for trial after a release on a pending trial.
You may be eligible for a bail release whether you face a felony or misdemeanor charge. Bail amounts for misdemeanors are relatively lower than those for felony offenses. Sometimes, a defendant facing a misdemeanor charge may be eligible for recognizance release. This means that the defendant will not make a monetary commitment to the court to secure a release.
Instead, a promise is made to return for scheduled proceedings. The low bail amounts for a misdemeanor are affordable, making it easier for defendants to secure a release.
Due to the severity of felony offenses, the bail amounts required to secure a release for a felony defendant are higher. Additionally, defendants facing felony charges are at high risk. For serious felonies like murder and rape, the court may deny your bail. This means that you will remain in jail until the court determines the outcome of your case.
Differences in Legal Procedures and Trial
When you face charges for a misdemeanor in California, your trial is faster, and it involves posting bail, gathering more evidence for the case, and arraignment. Usually, a jury will not be needed for your misdemeanor trial. Instead, the judge will assess the evidence presented by the prosecution and defense before giving a verdict.
Defedemats facing misdemeanor charges have a right to a speedy trial. This means that your trial must start within thirty days of your arrest if you are behind bars or forty-five days if you are released on bail with a pending case.
On the other hand, felony trials and court proceedings are more complex. This is because felonies are severe offenses, and the prosecution must have sufficient evidence to prove that you committed the crime beyond a reasonable doubt. The right to a speedy trial for a felony offense is sixty days.
Some of the procedures that may be present in a felony trial and not a misdemeanor include:
Preliminary Hearings
Under California law, a preliminary hearing, commonly known as a probable cause hearing, is held before trial for a felony offense. This hearing is held before a judge, and the prosecution must present the evidence they have against you or the evidence they intend to present in your case.
The following questions could arise in the preliminary hearing:
- Whether there is probable cause that an offense was committed. In this case, the prosecution presents some testimonies of witnesses and victims who may have suffered from your action.
- Whether there is probable cause that you are the person who committed the alleged offense. Another concern that must be addressed at the preliminary hearing before your case goes to trial is whether there is probable cause to believe that you are the person who committed the crime. At this point, the prosecution will present evidence directly linked to you as the perpetrator of the offense.
Second Arraignment
If the judge finds probable cause in your preliminary hearing, a second arraignment is held within fifteen days of the preliminary hearing. The second arraignment follows a similar procedure to the first arraignment.
This means you will enter a guilty plea, not guilty, or no contest. However, at this stage of your case, the prosecution will have probable cause to believe you committed the crime. You must consult with your defense attorney before entering a plea in the second arraignment.
Differences in Penalties
A significant difference between a felony and a misdemeanor is the penalty you face after a conviction. Often, a felony is a more severe offense and may attract more serious criminal penalties and collateral consequences. The differences in misdemeanor and felony penalties include:
Incarceration
Incarceration is a common punishment for a felony or misdemeanor conviction. If you face a felony conviction in California, you risk facing time in prison. Prison sentences range from more than a year to life imprisonment, depending on the severity of your felony conviction. For most felony offenses, there are three sentencing options under which your conviction can fall.
The exact length of your prison sentence will vary depending on the type of felony you face and the strength of your defense. Prisons are operated by the state or federal government. If you are sentenced to federal prison, you must serve most of your sentence behind bars before you are eligible for parole.
On the other hand, a misdemeanor conviction will result in jail time. For most misdemeanor convictions, you will face jail time of a year or less, depending on your criminal history and other case factors. Unlike a prison sentence for a felony conviction, there is no jail time range.
Fines
Another punishment after a felony or misdemeanor conviction is a fine. Often, the fines, in this case, are imposed depending on the type of felony or misdemeanor charge you face. For a misdemeanor offense, you could face charges of up to $1,000. On the other hand, fines that accompany a felony conviction could range from thousands of dollars.
For example, if you are charged with a serious financial felony, like insurance fraud, that results in a substantial loss, you can face a fine of up to $100,000.
Probation
Under California law, probation is an alternative sentence for felony and misdemeanor offenses. However, your probation will differ depending on the nature of your charge.
Misdemeanor or informal probation is available for defendants who face a misdemeanor conviction. This type of probation is available for most first-time offenders and defendants facing charges for minor misdemeanors. Informal probation is not strictly supervised and lasts for up to three years.
When sentenced to misdemeanor probation, you could serve a portion of your sentence out of jail and on community service. For example, if you are charged with shoplifting and sentenced to up to six months in jail, the court can sentence you to two years of probation. In exchange, you will not spend a day in jail.
Alternatively, depending on thecourt and defense team agreementm, you can spend three months in jail and serve one year of probation.
The court can sentence you to probation after your felony conviction. However, felony or formal probation is stricter than misdemeanor probation. Before you are sentenced to felony probation, you must negotiate with the prosecution. The formal probation allows you to spend a part of your prison sentence on community service.
Felony probation lasts between three and five years and is highly supervised. When you are wanted for felony probation, the court appoints a probation officer to supervise your progress. Unlike felony misdemeanors, where you report your progress to the court, you must report to a probation officer while serving your felony probation.
Difference in the Presence or Absence of Aggravating Factors
Misdemeanors are minor offenses that do not have aggravating factors. An aggravating factor is a circumstance that makes your criminal acts more severe. Often, felony offenses are accompanied by aggravating factors like:
- Causing injury or death. You may be charged with a felony if you commit a crime that results in severe injury or death to a victim. For example, you will be charged with a misdemeanor for assaulting another person. However, if you cause injury during the assault, you risk facing a felony charge for the offense.
- Repeated offenses. Some crimes become felonies when you have an extensive criminal record.
- Use of weapons. In cases where a crime can be charged as a felony or a misdemeanor, the prosecution will file a felony charge against you when you use a deadly weapon to commit a crime.
- Leadership role in the crime. Your crime may be characterized as a felony if you played a leadership role in the planning and commission.
Difference in Impact on the Criminal Record
The consequences of a criminal conviction go beyond incarceration and fines. The conviction enters your record and can affect other aspects of your life. Although a misdemeanor conviction will enter your record, it is viewed with less weight than a felony. You can expunge a conviction for most misdemeanors and avoid the collateral consequences.
Expunging a misdemeanor conviction requires you to meet certain requirements, including completing your probation sentence and avoiding charges for other offenses. Sometimes, you can request an early probation termination, which allows you to expunge the record.
A felony conviction in California will have harsher and lasting consequences for your criminal record. Having a felony conviction could impact the following aspects of your life:
- Ability to find employment. Many employers will check your background before offering you a job opportunity. A felony conviction carries more weight and could be a reason for the denial of your job.
- Loss of gun rights. If you are convicted of a felony, the court may impose a firearm ban. This means that you cannot possess, purchase, or use a firearm for a duration ranging from ten years to life.
- Immigration consequences. A felony conviction is likely to have severe immigration consequences. After a conviction, you risk facing deportation or inadmissibility.
- Loss of voting rights. In California, convicted felons cannot vote, but this is nottruee with defendants who face a misdemeanor conviction.
- Right to give witness testimony. Your credibility as a witness in a criminal case may bequestionedn if you have a felony conviction on your record. Misdemeanor convictions do not carry much weight under these circumstances.
You can avoid the collateral consequences of your felony conviction by expunging a felony. However, expunging a felony conviction is more complicated. If the felony charges were a result of a wobbler offense, you must petition the court to reduce the felony to a misdemeanor, which makes it easier to expunge it.
Find a Competent Criminal Defense Attorney Near Me
When you are accused of committing a crime in California, your offense is classified as a felony or a misdemeanor. While some offenses are straight felonies or misdemeanors, others can be charged as a felony or a misdemeanor, depending on the case circumstances and your criminal history.
The arrest, prosecution, and punishment of misdemeanors and felonies differ significantly. The prosecution will file a felony charge over a misdemeanor against you if you are arrested for a serious crime. Felony offenses attract severe punishment, including incarceration and hefty fines. Although misdemeanor convictions often end in a short jail term, the conviction can affect your life.
If you or a loved one faces an arrest and criminal charge in Los Angeles, CA, you will require the guidance of a skilled attorney. At The Los Angeles Criminal Defense Attorney, we understand the impact a felony or misdemeanor conviction can have on your life. Our skilled attorneys will protect your constitutional rights and offer the expert legal insight you need to secure a favorable outcome in your case. Call us at 310-564-2605 to discuss your case.
