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What Happens If Charged With A Felony
The Impact Of A California Felony Charge
How A Felony Charge Can Affect Your Future
A felony charge in California is one of the most serious legal events a person can face. A conviction can mean prison time, heavy fines, and a permanent mark on your record. The stakes are high from the moment charges are filed.
When you are charged with a felony, the criminal process moves fast. Police make an arrest. The prosecutor files charges. A court date gets set. Each step carries real legal weight, and early decisions can shape the outcome of your entire case.
California law, including the California Penal Code, sets specific rules for how felony cases move through the courts. Whether you are dealing with charges in San Francisco County, Alameda County, or anywhere else in the Bay Area, the process follows a set path. Knowing what that path looks like helps you make smart choices right away.
Types of Felonies in California
Under California law, felonies fall into two main types. A straight felony can only be charged as a felony — examples include murder, rape, and robbery. A wobbler can be charged as either a felony or a misdemeanor, depending on the facts of your case. Examples include many drug offenses and theft crimes. The prosecutor decides which way to file.
Sentencing
California uses three sentencing tiers for most felonies: low, mid, and high terms. A low-term sentence might be 16 months. A high-term sentence can reach eight years or more for a single count. Some crimes, like murder under Penal Code § 187, carry sentences of 25 years to life or life without parole.
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Consequences Beyond Prison
Beyond prison time, a felony conviction brings lasting consequences:
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Loss of the right to vote while incarcerated
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Loss of the right to own or possess a firearm
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Loss of state licenses and professional certifications
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Risk to immigration status
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Difficulty finding housing and employment
California also has a Three Strikes Law under Penal Code § 667. Prior serious or violent felony convictions can substantially increase sentencing exposure.
When a Felony Charge Gets More Complicated
Some felony cases follow a clear path. Others do not. Several factors can shift how your case plays out in California courts.
Prior Convictions
Prior convictions change everything. Under California’s Three Strikes Law, a second serious or violent felony can double your sentence. A third strike may mean 25 years to life, even if the new charge seems less severe on its own.
Wobbler Charges
Some crimes in California are wobblers. Drug possession and certain assault charges fall into this group. The prosecutor decides how to file, but an experienced felony defense attorney in Walnut Creek may argue for the lesser charge. That distinction can significantly affect the outcome of your case.
Immigration Consequences
A felony conviction may trigger deportation or block a path to citizenship. If you are not a U.S. citizen, the stakes go beyond prison time. Your right to stay in the country may be on the line.
Expungement
Expungement or other forms of post-conviction relief may be available for some felonies in California under Penal Code § 1203.4. But not all convictions qualify. Certain sex crimes and serious violent felonies are excluded by law.
Federal Charges
Federal charges are a different matter. If your case involves federal law, such as drug trafficking or wire fraud, it moves to federal court. Federal sentencing laws and guidelines are often harsher than those used in California state courts.
The California Felony Process
California felony cases move through several stages. Each one has its own rules, timelines, and choices you must make.
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Step 1: Arrest and booking: Police take you in, document your details, and hold you until bail is set. This can take 24 to 72 hours.
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Step 2: Arraignment: Arraignment follows within 48 hours of arrest, not counting weekends. A judge reads the charges, and you enter a plea. Most people plead not guilty here to preserve their options. In Contra Costa County, arraignments for felony cases take place at the Contra Costa County Superior Court in Martinez.
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Step 3: Preliminary hearing: Usually within 10 court days if you are in custody. The judge decides if there is enough evidence to move forward. This is a check on the prosecution’s case, not a full trial. An experienced criminal defense attorney can use this stage to challenge the prosecution’s evidence before the case goes any further.
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Step 4: Pretrial motions: Your attorney may ask the court to throw out evidence or limit what the jury hears. These motions can be decisive and can significantly affect the outcome of your case.
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Step 5: Plea negotiations: Many California felony cases end in a plea deal. If you reach one, the case skips trial and moves to sentencing.
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Step 6: Trial: If no deal is reached, the case goes to trial. Felony trials in California can last days or weeks. A jury of 12 must agree unanimously to convict.
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Step 7: Sentencing: Judges follow California sentencing laws under the Determinate Sentencing Law. Felony sentences range widely, from probation to state prison time. The whole process, from arrest to sentencing, can take months or longer than a year.
Understanding Your Options After a Felony Charge
A felony charge can affect your freedom, employment, immigration status, and future opportunities. The decisions made early in the case may also affect how prosecutors approach the charges and what legal options remain available moving forward.
Reviewing the evidence, the circumstances of the arrest, and the potential penalties can help clarify what steps make the most sense for your situation. In felony cases, small details can sometimes significantly affect how a case develops.
Geller Law, PC, represents clients facing felony and other criminal charges across the Bay Area. If you would like to better understand your charges, possible penalties, and what legal options may be available, consider speaking with an attorney about your case.
Frequently Asked Questions About Felony Charges in California
1. Can I travel out of state after a felony charge?
You may need court approval to leave California while your case is pending. Check your bail or release terms — travel limits are often a condition.
2. Will a felony charge show up on a background check?
Yes, an arrest and charge can appear on a background check even if you are not convicted. California law does allow some charges to be cleared later under specific rules.
3. Can I own a firearm if I have a felony charge?
A felony conviction typically leads to a loss of firearm rights in California. While charges are still pending, your bail terms may already limit access to weapons.
4. What happens to my job if I am charged?
Some employers may suspend or terminate you based on a felony charge, even before any verdict. California has some worker protections, but results depend on your field and employer.
5. Can charges be dropped after an arrest?
Yes, prosecutors can decline to file or drop charges at any point before trial. The strength of the evidence, legal issues with the arrest, and other factors all affect that decision.