Do All Felons Have To Register In California

In this post, I will explainexactly how felonies work in the country of California including the legal process, penalties and more.

Allow'south get started…

In This Guide Nosotros'll Cover:

What Is A Felony?

Any criminal offence for which you can be incarcerated for more than than a year is considered a felony¹, which is how California distinguishes between misdemeanor and felony criminal offenses.

Felonies were, at English common police force, considered the "truthful crimes" or those which were the most serious. These typically refer to crimes that are sexual, white collar or fiscal, involving firearms or violent physical harm and murder.

Are Capital Crimes Felonies?

Additionally more serious felonies, such as first degree murder, are capital crimes for which you lot tin receive the death penalty or life imprisonment without the possibility of parole.

What is California'due south 3 Strikes Constabulary?

California also has a 3-Strikes law where a strike is placed on your record for a serious felony confidence such as

PC 211 – California's Robbery Penal Code
PC 207 – California's Kidnapping Penal Code
PC 245(a)(1) – California Assault with a firearm penal code

A subsequent felony conviction will double your sentence and could land yous with a 2nd strike. A 3rd strike volition incarcerate you for 25 years to life.

Criminal defense lawyer diana aizman helps explain all apects of Californa'south felony laws beneath.

Felony Sex activity Crimes

Sexual crimes can exist serious or violent and felonies considered serious have consequences that can lead to long prison sentences, indefinite or life-time registration equally a sex or drug offender, if the offense involved these factors, and a strike on your record. There are immigration consequences for non-US citizens as well.

Nearly felony sentences are spend in a state prison facility, though some offenders may exist placed on probation and/or spend some time in a county jail while other offenses allow defendants to serve their entire sentence in a county jail instead.

How Much Are Fines For Felonies?

Fines for a California felony conviction can be substantial. If the statute defining the felony does not state the amount, it is presumed to be upwards to $10,000².

Drug and fiscal fraud crimes may also be prosecuted as federal offenses with fines in the millions of dollars depending on the quantity of drugs or the extent of the fraud.

Examples Of Felonies

Homicide–PC 187
Robbery—PC 211
Kidnapping–PC 207, 208, 209, 209.5
Rape—PC 261
Assault with a firearm—PC 245(a)(2)
Assault with a mortiferous weapon—PC 245
Gross vehicular manslaughter—PC 191.5
G theft—PC 487

What Are The Stages Of A Felony Case?

The felony court process has four distinct stages.

1. Arraignment

At the arraignment, the defendant is appointed a public defender if accounted eligible. The charges against the defendant are either read or waived and the defendant's constitutional rights are read.

After the reading of charges or waiver, and so a plea of guilty, nolo contendre or non guilty is entered.

The defendant is then either remanded to custody if not already in jail, released on ain recognizance(OR) or a bond corporeality is set.

2. Pre-Trial Conference

A D&R or pretrial conference where early on resolution is discussed.

3. Preliminary Hearing

A preliminary hearing is to make up one's mind if likely crusade exists that a felony was committed and that the accused committed it–the standard of proof is much lower than that of across a reasonable doubt.

If likely cause is found, the defendant is bound over to Superior Court and arraigned there once more.

four. Motions

Motions by defense counsel or other pretrial matters affecting the trial.

Pre-trial motions may include:

A Move to Set Aside the Data (PC 995) or to have ane or more charges dismissed for lack of probable cause or for insufficient bear witness
A Pitchess Motion to take records of complaints of misconduct that have brought confronting the absorbing officer disclosed
A Motion to Suppress under PC 1538.5 where incriminating evidence is requested to be excluded based on an illegal search and seizure or other Constitutional violations.

5. Jury Trial

A Jury trial past 12 persons were a defendant may waive a jury and have the judge exist the sole trier of fact.

6. Verdict

If guilty, a presentence report is ordered and the defendant may be ordered to prison house immediately to await formal sentencing or allowed to remain on bail earlier sentencing or if an appeal is filed.

7. Felony Sentencing Hearing

Lastly will exist a sentence hearing at which the presentence written report is considered along with whatsoever reports presented by the defense to mitigate the judgement or debate for an alternative to state prison or county jail.

The sentenceing hearing will only happen if the defendant is institute guilty.

What Is A Straight Felony vs A Wobbler Offense?

A "wobbler" crime is 1 where the DA has the discretion pursuant to the statute that defines the criminal offence to accuse the defendant with either a misdemeanor or felonyⁱⁱⁱ.

The determination is made based on:

The facts and circumstances surrounding the committee of the law-breaking
The defendant'southward criminal record

Examples Of Wobblers

Vehicular manslaughter—PC 192(c)(1)
Assault with stun gun or taser—PC 244.5(b)
Belch firearm at unoccupied vehicle—PC 247(b)
Unlawful sexual intercourse (statutory rape)—PC 261.five
Assault with a deadly weapon other than a firearm—PC 245(a)(1)
Forgery-PC 470

Can Prior Crimes Turn a Misdemeanor Into A Felony?

A defendant with a prior record of committing the same offense, or who may accept other felony convictions, risks being charged with a felony for the electric current offense that would otherwise take been charged as a misdemeanor for someone else.

What is a Straight Felony?

A straight felony is one where the DA has no discretion to charge as a misdemeanor. Examples of directly felonies include:

Murder
Robbery – Penal Code 211 PC
Get-go degree break-in—PC 461(1)
Possession of a controlled substance for sale—Health and Safety Code Section 11351
Oral copulation by strength—PC 288a
Kidnapping
Carjacking—PC 215

Can Petitioning The Court Reduce Your Felony To A Misdemeanor Mail Conviction?

Even if you are convicted of a felony, you can petition the court to have your conviction reduced to a misdemeanor, if it is a wobbler offense. By having it reduced, y'all may have your correct to own and possess firearms restored also as enjoy sure other civil rights that were denied you once your probation has terminated.

What Is The Deviation Between A Felony And A Misdemeanor?

The main difference between a felony and a misdemeanor is the incarceration fourth dimension and where the time served is spent.

How Long Are Jail Sentences For Misdemeanors?

Misdemeanors are offenses for which incarceration is no more than one year and which fourth dimension is but spent in county jail.

How Long Are Jail or Prison Sentences For Felonies?

Felonies have sentences in which the accused faces the potential of state prison fourth dimension for more than one yr. However, some felony sentences may be served in county jail.

Felonies Have Jail or Prison Terms With Low, Mid and High Terms.

Most felonies have prison terms with low, mid and high terms depending on the seriousness of the criminal offense and if you have a criminal record.

Misdemeanors

Few people who commit misdemeanors are sentenced for the maximum term of 1 year unless they have an all-encompassing criminal record or committed a serious crime that had some mitigating factors so that they were non charged with a felony. Fines for a misdemeanor are generally in the hundreds of dollars and upwardly to $1,000 for well-nigh misdemeanors though some do accept fines of up to $2000. Other courtroom costs and assessments tin can run you upwardly to more than than $1,000 more.

Examples of a Misdemeanors

Simple assault—PC 240
Almost DUIs—CVC 23152
Speeding over a certain limit
Drunk in public—PC 647(f)
Piddling theft—PC 484, 488
lewd conduct—PC 647(a)
Prostitution—PC 647(b)

At that place are degrees of misdemeanors likewise and are termed either as gross misdemeanors or aggravated misdemeanors.

Examples of Aggravated Misdemeanors are:

Driving on a suspended sentence—VC 14601
23152(a) VC – DUI, or 23152(b) VC
Domestic battery—243(east)(1)
Under the influence of narcotics—Health and Safety Code Section 11550

For these offenses, the court may impose a mandatory minimum sentence pursuant to statute and/or require a fine up to $2000 in some cases. All jail time is served in county jail and may not be for more than one year.

Are You Entitled To An Chaser?

Yous are entitled to take the courtroom appoint an chaser to represent you if you are indigent or low income if you face up any charge that has the potential for y'all to be incarcerated, including misdemeanors.

Penalisation For A Felony

Felonies are punishable by a term in state prison for more than than one year though in that location are circumstances where a accused is sentenced to probation and a suspended sentence, probation and community service.

Felons can also be sentenced to formal probation and time served in county jail, probation only, or take the prison sentence served under a home monitoring system.

felonies have high, low, mid term sentences

California felonies accept low, mid and high term sentences. For example, for a felony conviction nether Penal Code 246–Shooting at an Inhabited Dwelling or Occupied Vehicle, you face a low term of 3 years, a mid term of 5 years and a loftier term of 7 years in state prison.

Felony for Which no Prison Term is Set

For whatsoever other felony for which no prison term is set, the judgement is 16 months, ii or 3 years in state prison along with a fine up to $x,000 unless otherwise stated^four.

If the statute pertaining to the offense states that the sentence is pursuant to PC 1170(h), the sentence is to be served in county jail, otherwise information technology is in country prison house.

This is relevant for tape expungement purposes.

Are In that location Diversionary Programs For Felonies?

For certain felonies, at that place are diversionary programs where if successfully completed, the accused tin can have the charges dismissed.

This is true for certain commencement and second drug offenses where these cases are heard in drug courtroom where intensive treatment is the goal. In other matters, diversion or deferred entry of judgment, is offered where the defendant does enter a guilty plea that is withdrawn if the drug programme is successfully completed and the charges dismissed.

What Are The Consequences Of A Felony Conviction?

The consequences of a felony conviction on your life is substantial. Unless yous tin obtain an expungement, which in and of itself does not totally restore all of your ceremonious rights, yous will face considerable obstacles in finding suitable employment and housing among other difficulties.

These obstacles include the post-obit:

Disclosure of conviction in housing applications
Disclosure in employment applications
Ineligibility for professional licenses such as a license to practise law or every bit a real manor salesperson or broker, physician, dentist, physical therapist, nurse, social worker, pharmacist or teacher and customs broker
A requirement for sure sex activity offenses to register as a sex offender for an indefinite period or for life-y'all are also not allowed to alive within 2000 feet of a school or park

Can I Lose A Professional person License If I Have A Felony Conviction?

If you already have a professional person license, most licensing bodies volition either suspend or revoke your license.

You are entitled to a hearing on any suspension or revocation but if the felony offense relates at all to the duties, qualifications or functions of the license, the revocation or suspension will be upheld.

Employers regularly conduct background checks but are restricted unless the law permits information technology for sure positions:

Law enforcement
State department
Access to cash totaling $ten,000
Managerial
If it provides access to confidential information or merchandise secrets
If otherwise required to exist provided such every bit for working with small children

Tin Employers Ask you lot Nigh Felony Convictions?

Generally, employers may ask y'all about felony convictions only not if it was expunged. No inquiries can be fabricated regarding arrests that did not lead to a conviction, arrests that led to drug diversion and dismissal or for juvenile arrests or sustained petitions.

Yous will not get a position in law enforcement with a felony tape.

Can Employers Deny Me A Job Based On A Felony Conviction?

Federal employers are encouraged to not use an applicant's felony record as the ground for denying employment but you volition be denied employment at the post-obit jobs either permanently or for a specific fourth dimension:

Banks
Insurance companies
Defence force contractor or subcontractor
Labor unions or organizations
Commodity trading

Tin can You Vote Afterwards A felony Conviction?

Although you are generally not allowed the right to vote in any local, state or national ballot while incarcerated, on parole or subject to supervision, California automatically restores this right when you accept completed all terms of your sentence and probation.

Can You Serve On A Jury?

No 1 with a felony conviction may serve on a California jury unless you receive a Certificate of Rehabilitation or a Governor's Pardon.

Tin can You Serve In The Military With A Felony Conviction?

You lot are prohibited from serving in whatsoever branch of the Us military unless you receive a waiver from the Secretary of Defense.

If you did serve, your pension, if any, may non be paid to y'all inside the start 60 days of incarceration though your family may receive it.

Tin can Y'all Run For Public Office With A Felony Confidence?

You must disclose your felony conviction if applying to run for elected or public office- you may not run if the felony involved:

Forgery
Bribery
Malfeasance in part
Embezzlement of public funds
Perjury
Falsifying public records
High crimes and misdemeanor pursuant to the United states of america Constitution, Article 7, Section 8

Can You Own A Firearm If Your Convicted Of A Felony?

No one convicted of a felony is permitted to own or possess a firearm. You can only accept this right restored to you if you do the following:

Movement to have your felony reduced to a misdemeanor
If granted, y'all can movement or petition the court to take the accuse dismissed under PC 1203.4
Or, employ for and receive a Governor's Pardon

How Practice Felony Convictions Touch on Immigration Status?

Felony convictions present special dangers to those individuals who are non Usa citizens. If you lot are in the US legally and commit a felony, y'all are subject field to deportation if information technology is a deportable criminal offense. These typically refer to aggravated felonies but may also include drug offenses.

The well-nigh common deportable offenses include:

Domestic violence
Firearms convictions
Controlled substances violations
Crimes of moral turpitude

Aggravated felonies or crimes of moral turpitude include murder, robbery, assault with a mortiferous weapon or firearm, fiscal crimes, possession of illegal substances for the purpose of auction, drug trafficking, rape, sexual misconduct with minors and crimes of fraud.

There ae 35 different offenses and categories of aggravated felonies that qualify every bit deportable offenses under INA Section 101(a)(43).

There are twenty conviction based grounds for deportation and 52 overall.

Do Felony Convictions Affect Public Benefits?

Convicted felons are not eligible for housing assistance or state licensure, student loans or CalFresh unless the conviction is expunged. If the conviction was for a drug criminal offense and the felon completed a government-recognized drug programme, then eligibility is restored for CalFresh benefits.

Can You Expunge A Felony Conviction?

Under Penal Code 1203.4, convictions for various felony convictions are eligible for expungement. In all cases, an private convicted of a felony is ineligible for an expungement if they were sentenced to state prison.

There are instances, however, where a defendant is only sentenced to probation and/or some fourth dimension in county jail, community service or home monitoring.

Some felonies exercise permit all of the time served to be in canton jail instead of country prison. If this is the instance, then y'all may exist eligible to accept your felony conviction expunged.

What Are The Limitations Of A Felony Expungement?

There are some limitations on what a felony record expungement accomplishes.

For example, an expungement does not result in the complete devastation or erasure of your conviction tape, but it does limit its admission to law enforcement and court personnel.

Generally, no member of the general public, including private employers and individuals, tin can meet your tape of confidence if they perform a criminal background check.

What Are The Benefits Of An Expungement?

You can now state under oath with no fear of committing perjury that you accept never been convicted of that item crime
You may also state on any employment application or rental application that you were never bedevilled of a crime
A professional licensing organisation will look more favorably on your application or will at present consider information technology in most instances
Makes you eligible for sure public benefits including CalFresh
Restores your eligibility for educatee loans if it was a drug conviction

You do have to disclose your conviction, along with the fact that information technology was expunged, under the post-obit circumstances:

When applying for a professional license or for public sector employment
Before running for public office
If applying for a license or contract with the State Lottery Commission

What Happens If You Have Commit Another Felony?

Should y'all commit another felony, your expunged conviction tin can be used as a priorable crime to enhance any sentence you receive if you are convicted of the current criminal offense.

Can You Become A Felony Expunged If Y'all Have A Probation Violation?

A probation violation, nevertheless, does not necessarily mean that y'all are no longer eligible.

If the violation was for a minor crime such as declining a drug test or for drinking in a bar that you were prohibited from doing, then you probable volition not have your petition rejected.

In any consequence the court will review your overall criminal record and your demand for the expungement order to help y'all find employment and support your family.

When applying for expungement you tin can also file these documents before you file your Petition for Dismissal:

A motility to grant early termination of your probation
A motion that your felony conviction exist reduced to a misdemeanor if the criminal offence was a wobbler under PC 17(b)(3).

Shoud You Attach A Declaration To Your Petition?

You should attach a proclamation stating how your life has changed since your confidence, regarding grooming and education you accept received since your conviction and how your record has express you in seeking suitable employment or advancement in your career or housing.

If Your Felony Is Reduced To A Misdemeanor Volition That Restore Your Gun Rights?

Having the criminal offense reduced to a misdemeanor, if a wobbler, will restore your correct to ain a firearm. It volition also brand information technology easier for y'all to obtain a professional or public license.

Y'all need non disclose the expunged confidence if it was a misdemeanor, rather than a felony, on other matters.

Likewise, you can nonetheless file the Petition for Dismissal fifty-fifty if you have to await afterwards serving the total term of your probation and your conviction is non reduced to a misdemeanor.

All documents regarding the expungement must be timely served on the DA and probation department to requite them an opportunity to contest information technology.

The DA or probation function will not challenge your petition unless at that place is an obvious disqualifying cistron or circumstance.

If granted, you will receive an Order of Dismissal.

Certificate Of Rehabilitation

The alternative for felony convictions for which state prison fourth dimension was served is to petition for a Certificate of Rehabilitation. Yous generally must expect a minimum of 7 years later you completed all conditions of your judgement and probation and have resided in California for at to the lowest degree 5 years.

However, if you lot have not reoffended and can demonstrate evidence of sound character such as being employed or having participated in some form of community service, y'all can move the court to waive the 7-yr waiting menstruum in the interests of justice.

Court appearances are mostly required to enable the court to question you about your activities and conduct in the years since you were released from prison.

A Certificate of Rehabilitation Has The Post-obit Benefits:

Qualifies yous to employ for a Governor's Pardon
Does not let public employers to automatically disqualify you if considered for employment based on your conviction absent other factors
Provides significant court-approved testify of rehabilitation that potential employers, landlords or schools may consider

What a Document of Rehabilitation Does Not Do:

Your conviction may even so be used to heighten any sentence if you do commit another felony law-breaking
Information technology does not reinstate your right to possess or own firearms
You have to disclose your confidence if running for public role or applying for public employment
Disclosure is required if applying for a contract or licensing with the Land Lottery Committee

If you lot are able to obtain a Governor's Pardon, however, it will restore all of your civil rights including the right to own and possess firearms.

Information On The Criminal Court Procedure

The following links accept information on the criminal court process:

Being Released On Your Recognizance Later An Abort
How A Example Gets Filed
Footstep 1 In A Criminal Case – The Arraignment
How To Conduct Yourself In Court
The Plea Bargain Process Between Prosecution & Defence Attorney
Criminal Trials – A Step By Pace Overview

California Penal Lawmaking 17(a) PC: "A felony is a criminal offence that is punishable with death, by imprisonment in the state prison, or withal any other provision of law, by imprisonment in a county jail under the provisions of subdivision (h) of Section 1170. Every other criminal offense or public criminal offense is a misdemeanor except those offenses that are classified as infractions." [↩]
California Penal Code 672 – Upon a conviction for whatever offense punishable by imprisonment in whatsoever jail or prison house, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding chiliad dollars ($one,000) in cases of misdemeanors or ten thousand dollars ($ten,000) in cases of felonies, in add-on to the imprisonment prescribed. [↩]
California Penal Code 17(b) PC. [↩]
California Penal Code 1170(h)(1) -Except as provided in paragraph (iii), a felony punishable pursuant to this subdivision where the term is not specified in the underlying criminal offence shall be punishable past a term of imprisonment in a canton jail for 16 months, or two or three years. [↩]

Ms. Aizman is the founding attorney at Aizman Police force Business firm, an accolade winning criminal defense attorney & former prosecutor for the city of Los Angeles. She regularly appears on CNN, Play a trick on News, HLN & CBS News to provide legal insight on various legal topics. She is a proud member of the California Attorneys For Criminal Justice, California DUI Lawyers Association & the National Higher of DUI Defense