Felony Defense · Los Angeles County
Los Angeles Felony Attorney
Facing Felony Charges?
Preliminary hearings. §17(b) reductions. Jury trials.
Daniel S. RubinFelony Defense Attorney
01 — Quick Facts
California Felonies — At a Glance
02 — The Law
How California Classifies Felonies
Under PC §17 (opens in new tab), a felony is any crime punishable by state prison. Since 2011, "realignment" under PC §1170(h) sends non-serious, non-violent felonies to county jail rather than state prison — but the felony conviction remains.
Felonies split into three overlapping categories: strike felonies, serious felonies, and violent felonies. A single conviction can be all three. Strike felonies trigger Three Strikes enhancements; the 85% conduct-credit rule under PC §2933.1 applies to violent felonies.
03 — Penalties
California Felony Sentencing — What You Are Facing
| Sentence Type | Statute | Range | Strike Impact | Probation Available? | Where Served |
|---|---|---|---|---|---|
| Determinate Triad | PC §1170(b) | Low / mid / high (e.g. 2/3/4 yrs) | Doubles on 2nd strike | Sometimes | Prison or §1170(h) county |
| Indeterminate Life | PC §187, §667.61 | 15/25/life to life | Strike | No | State prison |
| Three Strikes (2nd) | PC §667(e)(1) | Base doubled | Yes | No | State prison |
| Three Strikes (3rd) | PC §667(e)(2) | 25 years to life | Yes | No | State prison |
| County Jail Felony | PC §1170(h) | Same triad, county jail | Not a strike | Yes (split sentence) | County jail |
| GBI Enhancement | PC §12022.7 | +3 to 6 yrs | Adds strike | No | Consecutive |
| Firearm Use | PC §12022.53 | +10 / 20 / 25-to-life | Adds strike | No | Consecutive |
| Prior Serious Felony | PC §667(a) | +5 yrs per prior | — | No | Consecutive |
Wobblers under PC §17(b) can be reduced to misdemeanors at prelim, sentencing, or post-conviction — eliminating the strike, restoring firearm rights on completion, and unlocking full expungement under PC §1203.4.
Additional Consequences Beyond the Courtroom
- Lifetime state and federal firearm ban on any felony (18 U.S.C. §922(g)(1))
- Strike prior — doubles the sentence on any future felony
- 85% conduct-credit rule on violent felonies (PC §2933.1)
- Immigration: aggravated felony status for many California felonies
- Loss of voting rights while in state prison (restored on release)
- Professional-license discipline (bar, medical, real estate, contractor)
- Employment background check exposure — visible for life without relief
- Ineligible for many diversion, probation, and early-release programs
04 — Felony Process
How a Felony Case Moves Through Court
1
Arrest & Booking
Custody with PC §825 48-hour filing rule. Bail addressed at first appearance.
2
Arraignment
Formal charges read. Not-guilty plea entered. Bail and OR release argued.
3
Preliminary Hearing
PC §872 — DA must show probable cause. Defense cross-examines the People's evidence under oath.
4
Information & Arraignment on Info
If held to answer, charges formally filed in Superior Court.
5
Motions
PC §995 dismissal, §1538.5 suppression, Pitchess, and §17(b) reduction motions litigated.
6
Plea or Trial
Negotiated plea or jury trial (12 jurors, unanimous, beyond reasonable doubt).
7
Sentencing
PSR prepared. Aggravating/mitigating factors argued. Enhancement litigation continues.
05 — Possible Outcomes
Possible Outcomes in a Felony Case
Case Dismissed or Not Filed
The best possible outcome — no conviction, no record.
- PC §995 dismissal after preliminary hearing
- Suppression under PC §1538.5 gutting the People's case
- Prefile intervention leading to DA rejection
Reduced to Misdemeanor
- Wobbler felony reduced under PC §17(b) at prelim or sentencing
- Strike allegations stricken via Romero
- Enhancements dismissed under PC §1385
Minimized Sentence
If a conviction cannot be avoided, we fight for the lowest possible exposure.
- Probation with mitigation package instead of state prison
- Split-sentencing and mandatory-supervision terms
- Concurrent instead of consecutive sentencing
Diversion Programs
- Mental-health diversion under PC §1001.36
- Military diversion under PC §1001.80
- Drug diversion under PC §1000 and Prop 36 for eligible felonies
06 — Defense Strategies
How We Fight Felony Cases
Preliminary Hearing
Prelim is a discovery event and a substantive filter.
- We cross the People's witnesses under oath and preserve testimony for trial.
§17(b) Reduction
Wobbler felonies reduced to misdemeanors at prelim or sentencing — eliminating strike, firearm, and immigration exposure.
PC §995 Dismissal
Motion to set aside the information when the People's evidence at prelim did not support the holding.
Suppression
Fourth Amendment litigation.
- Suppressed evidence often produces dismissal or dramatic plea leverage.
Romero Motion
Judicial dismissal of strike priors in furtherance of justice — the difference between doubled and single-term sentences.
Trial Team
Jury trial with an experienced defense team drives the best negotiated outcomes.
- The People measure exposure by defense trial credibility.
07 — Collateral Consequences
Beyond Prison
- Lifetime firearm ban under state and federal law
- Strike prior for life on strike felonies
- Immigration: aggravated felony consequences
- Loss of voting rights during incarceration
- Ineligibility for many professional licenses
- Bar to housing, employment, and financial services
- Public-office and jury-service ineligibility (some offenses)
- Restitution obligations enforceable indefinitely
08 — FAQs
Felony Defense Questions — Los Angeles
What is the difference between a felony and misdemeanor?
A felony is punishable by state prison (or county jail under PC §1170(h) realignment) and carries firearm, immigration, and licensing consequences. A misdemeanor is punishable by up to 6 months (base) or 1 year (aggravated) county jail. Wobblers can be either.
Can a felony be reduced to a misdemeanor?
Yes — if the offense is a wobbler under PC §17(b). Reduction is available at prelim, sentencing, or post-conviction. Straight felonies (murder, robbery, carjacking) are not wobblers and cannot be reduced.
What is a preliminary hearing?
A pre-trial hearing under PC §872 where the People must present enough evidence to establish probable cause. Prelim is both a filter (dismissal for insufficient evidence) and a discovery event (cross-examination of the People's witnesses under oath).
Can I get probation on a felony?
Sometimes. Probation is unavailable on many strike and enhanced felonies. When available, formal probation typically runs 2–5 years with supervised terms. Effective mitigation and Romero-style advocacy is often required to unlock probation eligibility.
What is realignment under PC §1170(h)?
Realignment (AB 109, effective 2011) sends non-serious, non-violent, non-sex-offense felonies to county jail with mandatory supervision rather than state prison. It applies to a wide range of eligible felonies and can significantly change confinement conditions.
How long does a felony case take?
Simple felonies: 6–12 months. Strike, GBI, or firearm-enhanced felonies: 12–24 months. Complex homicides and federal cases: 18–36+ months. Trial-ready posture accelerates negotiations and drives better outcomes.
Can I clear a felony from my record?
Probation-eligible felonies are typically expungeable under PC §1203.4 after successful probation. State-prison felonies require a Certificate of Rehabilitation under PC §4852.01 followed by petition for Governor's Pardon.
Will a felony conviction affect my immigration status?
Almost certainly. Most felonies constitute crimes of moral turpitude or aggravated felonies under federal immigration law — triggering removability, inadmissibility, and bars to relief. Non-citizen defendants must have counsel who accounts for immigration exposure at every stage.