Felony

A felony is the most serious type of criminal charge. It is a crime that can send a person to state prison for more than a year, and in some cases for life. Felonies cover everything from serious drug offenses and burglary to violent crimes like robbery and homicide. The label itself — “felon” — also brings consequences that follow you long after any sentence is finished.

How Felonies Work in California

California Penal Code § 17 defines a felony as any crime punishable by death, life in prison, or imprisonment in state prison. Some offenses are charged exclusively as felonies — murder, rape, kidnapping, and most weapons offenses involving violence. Others, called wobblers, can be filed as either a felony or a misdemeanor depending on the facts and the defendant‘s record. Common wobblers include grand theft, certain assault charges, and many DUI cases involving injury.

Felony cases in California follow a distinct procedural path. After arrest, you appear at an arraignment where the formal charges are read. Within 10 court days, you are entitled to a preliminary hearing under Penal Code § 859b, where a judge decides whether enough evidence exists to “hold you to answer.” If the case moves forward, you are arraigned again in Superior Court on an Information, and the case proceeds toward trial, plea negotiations, or pretrial motions like a Penal Code § 995 motion to dismiss.

Sentencing for California felonies is governed by determinate sentencing triads — low term, middle term, and upper term — set by statute for each offense. Many felonies also carry sentencing enhancements: prior strikes under the Three Strikes Law (Penal Code §§ 667 and 1170.12), gang allegations, gun use, and great bodily injury allegations can dramatically increase the time a person faces. Some felonies are eligible for probation; others require a mandatory state prison term.

The consequences of a California felony conviction extend far beyond the courtroom. You can lose the right to own a firearm under Penal Code § 29800, face deportation if you are not a U.S. citizen, lose professional licenses, struggle to find housing or employment, and be ineligible for certain government benefits. Some felonies are eligible for reduction to misdemeanors under Penal Code § 17(b) and later expungement under Penal Code § 1203.4, but only after the case is over and only with the right legal work.

Why Felony Charges Matter to Your Defense

A felony filing is not a conviction — it is the prosecution’s opening move. Strong criminal defense work in the early stages of a felony case can mean the difference between prison and probation, or between a permanent record and a clean slate. That work starts with attacking the evidence: Was the search legal? Were Miranda rights respected? Is the witness reliable? Is the lab work sound? Each weak link is leverage.

The preliminary hearing is one of the most underused defense opportunities in California felony practice. It is the only stage before trial where your attorney can cross-examine the prosecution’s key witnesses under oath. A well-prepared preliminary hearing can lead to dismissal, reduction to a misdemeanor, or testimony that becomes powerful impeachment material later. Far too many felony cases are lost simply because the defense treated this hearing as a formality.

Even when the evidence is strong, a felony case is not over. California offers diversion programs, mental health and military diversion, drug court, and Penal Code § 17(b) reduction motions that can transform the outcome. A seasoned criminal defense attorney knows which doors exist and how to walk a client through them — protecting not just your freedom, but your future.

Related Legal Terms

Felony charges in California intersect with arraignment procedures, the preliminary hearing, the rules on indictment and grand jury practice, and sentencing concepts like the Three Strikes Law and wobbler offenses. Whether the case involves a violent crime, drug charges, or weapons charges, our criminal defense team handles felony matters at every stage from arrest through appeal.

Facing Charges Where This Applies?

A felony charge is one of the most serious moments of a person’s life — but it is not the end of the story. Attorney Chris Nalchadjian fights felony cases throughout Greater Los Angeles and offers free, confidential consultations 24/7. Call KN Law Firm at (888) 950-0011 to talk through your situation today.