California Felony: Laws, Penalties, Sentencing, and Records

In California, a felony is a serious crime that carries a sentence of more than a year in state prison. According to California law, felonies are the most serious type of crimes and are punishable by substantial fines, lengthy jail terms, loss of rights, and a permanent criminal record. Due to the fact that the state permits some actions to be categorized as “wobblers,” which can be tried as either felonies or misdemeanors based on the circumstances, California has special felony statutes.

What Is Considered a Felony in California?

The California Penal Code defines felonies, which cover a wide variety of offenses. Typical felonies in California include:

• Violent Crimes: Murder, manslaughter, rape, aggravated assault, robbery, kidnapping.
• Drug Crimes: Possession with intent to sell, drug trafficking, large-scale manufacturing.
• Property Crimes: Burglary, arson, grand theft (property worth $950 or more), and auto theft.
• White-Collar Crimes: Fraud, embezzlement, identity theft, forgery.
• Weapons Offenses: Possession of illegal firearms, using a gun during a felony.

Depending on aggravating circumstances like past criminal history or the use of firearms, prosecutors in California may prosecute "wobbler" offenses—including burglary or some assault charges—as either misdemeanors or felonies.

What Is a Felony in California?

According to California law, a felony is any offense that carries a sentence of more than a year in county jail or state prison under realignment. In comparison, misdemeanors carry a maximum sentence of one year in county jail.

The consequences of a felony conviction in California include the following:

• Prison sentences ranging from 16 months to life, or even the death penalty in capital cases.
• Fines that can reach $10,000 or more, depending on the statute.
• Loss of rights, including the right to vote while incarcerated, to serve on a jury, and to possess firearms.
• Permanent criminal record, which impacts employment, housing, immigration, and licensing.

Felony Classes and Penalties in California

California does not use letter-based felony classes like some states. Instead, each felony statute defines its penalties. However, felonies are often grouped into categories based on severity:

Categories of Felonies in California

• Straight Felonies
  • Straight felonies are always charged as felonies, hence the name. They include murder, rape, and robbery.
  • Penalty: People convicted of straight felonies can face multi-year prison sentences, sometimes life imprisonment.
• Wobblers
  • These are crimes that can be charged as either misdemeanors or felonies (e.g., grand theft, certain assaults).
  • Penalty: Typically, with wobblers, the prosecutor, and judge decide based on case factors.
• Capital Felonies
  • This is reserved for the most serious crimes, such as capital murder.
  • Penalty: If convicted of such crimes, the death penalty or life imprisonment without parole is on the table.

Examples of Felony Penalties

• Murder (PC 187): This can earn a convicted individual 25 years to life or the death penalty in capital cases.
• Rape (PC 261): This typically attracts 3, 6, or 8 years in prison.
• Robbery (PC 211): Such crimes could see the perpetrator facing 2 to 9 years depending on the degree and circumstances.
• Grand Theft (PC 487): These crimes typically attract 16 months, 2 years, or 3 years.
• Drug Trafficking: These vary widely but can carry lengthy prison terms and fines.

Felony Sentencing Guidelines in California

Due to California's determinate sentencing system, felonies are usually punished with one of three possible sentences: low, middle, or high. Judges make their decisions by taking into account both aggravating and mitigating considerations.

Key Sentencing Factors

1. Statutory Sentences: Each felony has three tiers (low/mid/high). Example: Robbery can result in 2, 3, or 5 years.
2. Aggravating Factors: Use of a weapon, causing serious bodily injury, crimes against children or the elderly, gang enhancements, prior convictions.
3. Mitigating Factors: First-time offenses, minimal participation, evidence of rehabilitation, or cooperation with authorities.
4. “Wobblers”: Judges may reduce a felony to a misdemeanor at sentencing.
5. Three Strikes Law: California’s “Three Strikes” system imposes severe penalties on repeat offenders, including 25 years to life for a third strike.
6. Probation and Realignment: Many nonviolent felonies are eligible for probation or local jail terms under AB 109 Realignment, which shifted certain felonies from state prison to county facilities.

Felony Laws and Procedures in Major California Cities

Los Angeles (Los Angeles County)

The Los Angeles Superior Court, the nation's most extensive trial court system, is where felony charges are prosecuted in Los Angeles. The court deals with several drug felonies, violent crimes, and cases involving gangs. The California Courts' internet portal and the Los Angeles County Clerk both provide access to felony records.

San Francisco (San Francisco County)

The San Francisco Superior Court hears felony matters in San Francisco. The city prioritizes diversionary programs for nonviolent and drug-related offenses. The San Francisco Superior Court Clerk's Office has access to the records.

San Diego (San Diego County)

The San Diego Superior Court is in charge of handling felonies in the city. For serious felonies, drug trafficking, and financial crimes, the court frequently works with specialized prosecution units. Records are accessible via statewide websites or the San Diego Clerk of Courts.

How to Search for Felony Records in California

California provides both online and in-person options for accessing felony records.

1. County Superior Court Clerks

Certified copies of felony records can be obtained from the Superior Court Clerk’s Offices in each county. Fees apply for certified and complete case files. The following are links to a few counties in the state:

• San Bernardino County
• Santa Clara County
• Orange County
• Riverside County

2. California Department of Justice (DOJ)

Official background checks, including those for felony convictions, are provided by the DOJ Criminal Records Division. Fingerprinting using the Live Scan technology is required for access.

3. Police Departments and Sheriff’s Offices

Local law enforcement maintains arrest and incident records. Requests may be made under the California Public Records Act, though restrictions apply for ongoing cases.

4. Third-Party Background Checks

Private services offer access to California felony records, but the most accurate and up-to-date information comes from official state or county systems.

Open vs. Sealed Records

• Open Records: Most felony convictions are considered public records and are accessible to all upon request.
• Expungement/Record Relief: California allows certain felonies to be reduced to misdemeanors or expunged after completion of probation. Some marijuana felonies, for example, have been automatically expunged under Proposition 64.

Why Understanding Felonies in California Matters

In California, the consequences of a felony extend far beyond jail time and penalties. Convictions may restrict access to professional licenses, housing, employment, and immigration status. Knowing the ins and outs of felony records is beneficial to individuals, employers, and landlords.

Californian felonies range from "wobblers," which are punishable by death or life in prison, to capital felonies, which are penalized by death or life in prison. California's determinate sentencing system governs sentences, with the Three Strikes system providing increases for violent and habitual offenders.

The DOJ, county clerks, and the California Courts portal all provide access to felony records, guaranteeing openness while permitting erasure in certain circumstances. Employers, organizations, and people can better manage California's criminal justice system and its long-term effects by being aware of the state's felony statutes.