In California, a felony is a crime that carries a maximum sentence of more than one year in prison. Some felonies are wobbles, meaning they can be reduced to a misdemeanor, but the most serious ones are straight felonies.

Most Felonies are punishable under PC §1170(h) with a jail term of 16 months, 2 years or 3 years. However, serious and violent felonies are punishable by much serious jail/prison terms, up to possible life in prison. Being investigated by law enforcement or formally charged with any of these serious or violent felonies requires a knowledgeable criminal defense attorney who can help get charges against you reduced or dropped altogether.

Collateral Consequences of a Felony Conviction

You must disclose your felony conviction on job applications

You may get your California professional license denied or suspended

You may not own or possess a gun (for 10 years or even for life)

You may not serve on a jury

You may not vote

Your crime may count as a strike under Three Strikes Law

You may face possible Immigration consequences

Common Defenses & Tactics

• • Illegal Search or Seizure – Evidence could have been obtained as a result of an illegal search or seizure. Getting evidence thrown out may get charges significantly reduced or even dismissed.
  • Miranda Violation – Evidence could have been obtained as a result of a Miranda violation. Getting such evidence thrown out may also get charges significantly reduced or even dismissed.
  • Lack of Intent – Most serious and violent felonies require proof of specific intent. Intent is a very difficult thing for prosecution to prove beyond a reasonable doubt. Further, your actions could have been accidental or misinterpreted by the alleged “victim.”
  • Self-Defense – If you reasonably believed that you were in immediate danger of injury and used necessary force to defend yourself, you are not guilty of the underlying crime.
  • Mistaken Identity – Charges can be brought sometimes when you have been falsely accused as people can make mistakes or act out of anger or jealousy.
  • Insufficient Evidence – Sometimes a case can be built off limited evidence, circumstantial evidence or he-said she-said allegations. Proper investigation, evidence gathering and interviewing witnesses can help fight these cases.

To Have The Best Chance…

If you are arrested for a serious or violent felony, exercise your right to remain silent and contact an experienced criminal defense attorney immediately. Do not give a statement or talk to law enforcement. You can face serious consequences including time in prison, heavy fines, and a conviction on your record for the rest of your life.

Here at the Igarian Law Firm, we have the experience and knowledge to help put up the best defense possible based on the facts and circumstances of your specific case. Nobody knows your case better than you! We want to hear your side of the story and may be able to get your charges reduced or event totally dismissed. We work with you to get you the most favorable result. Call us now for a free consultation.