A felony is a serious crime punishable by a prison term of 16 months or more in a state prison.  Depending on the circumstances of the offense, as well as other factors, a sentence for a felony conviction could range from formal probation with little or no jail time, to a state prison sentence of up to life in prison.

In California, most felonies are punishable under the “determinate sentencing laws.”  This means that when someone is convicted of a felony offense and sentenced to prison, the judge may, in its own discretion, impose the low, middle or high term indicated by the particular offense.  The judge considers the seriousness of the crime, the criminal history of the defendant and other “mitigating” factors, such as whether you were the instigator of the crime, whether you were provoked or under duress, or whether the crime was partially excusable.  In determining whether the sentence should be in the low, middle or high range, the judge also considers “aggravating” factors, such as whether the crime involved great violence or great bodily harm, whether you used a gun or a weapon at the time of the crime, or whether the victim was particularly vulnerable at the time of the crime.

A felony expungement (i.e., the felony conviction being removed from your public criminal record) may be available to you if you are convicted of a felony, after you fulfilled the conditions of a probationary sentence, so long as you have not being convicted of a subsequent offense and were not ordered to serve a state prison sentence.

What does it mean to have a “third strike”?

If you have two prior convictions for delineated serious and/or violent offenses (known as “strikes”), and you are convicted of a third such offense, the court will automatically sentence you to 25 years to life in prison without the possibility of parole, under the “Three Strikes Law” (California Penal Code section 667).

I heard that if someone gets a shoplifting conviction, they can get sentenced to 25 to life if it is their third strike; is that true?

Under California Penal Code section 666, also known as “Petty Theft with a Prior,” a person who has been convicted of a theft-related crime will face felony punishment if they commit another theft-related crime.  That means that a “two strikes” defendant accused of minor shoplifting will have what would be a minor misdemeanor charge upgraded to a felony charge, and then could face 25 years to life in prison, under Penal Code Section 667.

In California, most felonies are punishable under the “determinate sentencing laws.” This means that when someone is convicted of a felony offense and sentenced to prison, the judge may, in its own discretion, impose the low, middle or high term indicated by the particular offense. The judge considers the seriousness of the crime, the criminal history of the defendant and other “mitigating” factors, such as whether you were the instigator of the crime, whether you were provoked or under duress, or whether the crime was partially excusable. In determining whether the sentence should be in the low, middle or high rage, the judge also considers “aggravating” factors, such as whether the crime involved great violence or great bodily harm, whether you used a gun or a weapon at the time of the crime, or whether the victim was particularly vulnerable at the time of the crime.

A felony expungement (i.e., the felony conviction being removed from your public criminal record) may be available to you if you are convicted of a felony, after you fulfilled the conditions of a probationary sentence, so long as you have not been convicted of a subsequent offense and were not ordered to serve a state prison sentence.

What does it mean to have a “third strike”?

If you have two prior convictions for delineated serious and/or violent offenses (known as “strikes”), and you are convicted of a third such offense, the court will automatically sentence you to 25 years to life in prison without the possibility of parole, under the “Three Strikes Law” (California Penal Code section 667).

I heard that if someone gets a shoplifting conviction, they can get sentenced to 25 to life if it is their third strike; is that true?

Under California Penal Code section 666, also known as “Petty Theft with a Prior,” a person who has been convicted of a theft-related crime will face felony punishment if they commit another theft-related crime. That means that a “two strikes” defendant accused of minor shoplifting will have what would be a minor misdemeanor charge upgraded to a felony charge, and face 25 years to life in prison, under Penal Code Section 667.

You should hire the best possible attorney who will do the necessary legal work, as well as the work getting to know you and your life circumstances, so that you can avoid the potential harmful impact of a misdemeanor conviction. Your attorney needs to present the best case possible to the prosecutor relating to you and your alleged offense, for the best possible resolution of your case.

What are the possible employment consequences of my getting a misdemeanor conviction?
You may be required to inform your employer or potential employer of your conviction, which may have negative consequences on your employment, depending on the nature of your conviction. You could also lose a professional certification and/or license, depending on the nature of the misdemeanor conviction.

What might my sentence be if I am convicted of a misdemeanor?
The sentencing scheme for most misdemeanors is typically found with the definition of the specific offense charged. If the crime is defined in the law as a misdemeanor but fails to mention a specific punishment, then the maximum jail time is six months.

Many misdemeanors call for a minimum punishment. For a second- time DUI, for example, there is mandatory jail time (or possible community work programs or community service), alcohol programs and hefty fines.

If you are convicted, the court can either grant or deny probation. If probation is granted, it generally lasts for up to 3 years. For some offenses, such as domestic violence, probation can last up to 5 years. The court could order certain conditions of your probation, such as ordering that you serve time on house arrest or that you attend anger-management classes. The court may also order you to pay a fine, which may also provide for community service hours in lieu of that fine.

Once I give my attorney the information about myself and the offense, what can my attorney do for me?
After knowing everything he or she can about you and your alleged offense, your attorney can attempt to (1) have your case dismissed, (2) do a “civil compromise” with the alleged victim of the offense, (3) have your misdemeanor charge dismissed and have you plead to a misdemeanor that will not have the specific negative collateral consequences for you, or (4) have your misdemeanor reduced to an infraction (which has the same legal effect as a parking ticket), and/or(5) get you the best sentence possible, with the least restrictive probation conditions.

If you are being charged with certain offenses, such as being in the possession of, or under the influence of, drugs, you may be eligible for “deferred entry of judgment” or a “diversion” program. If you plead guilty or “no contest” to a drug charge, you may be able to complete a drug awareness program and then have the underlying criminal case dismissed after 18 months. If you fail to successfully complete the program, the court may then impose a jail sentence.

Do I need to appear in court?
With the appropriate appearance waiver(s) on your part, your attorney may appear in court on your behalf, including on a bench warrant or arrest warrant, arraignment, pretrial conferences, trial and sentencing. You may never need to go to court at all.

Can I get my conviction “expunged” from my record, and what does that mean?An “expungement” is a legal process by which a criminal conviction is dismissed. That is, a guilty plea, “no contest” plea, or a finding of guilt by a judge or jury is set aside and the case is dismissed. An expungement relieves you of certain consequences that result from a criminal conviction, such as preventing you from getting the job you want, obtaining credit, renting an apartment, obtaining certain licenses (nursing, realtor, medical, and other professional licenses), running for political positions, etc. Expunging the conviction takes your conviction out of the public record. The arrest, prosecution and conviction records remain in the file and a notation is
placed in the file that the conviction has been dismissed. An expungement does not seal or destroy your criminal records.
In other than sex related crimes, your conviction can be expunged where you have successfully completed probation, or, if you were not granted probation, one year has passed since the date of judgment, you have obeyed all court orders, you have not committed any subsequent offense, and you have been living an honest and law-abiding life.

It is important to be aware that even where your conviction has been expunged, you must still disclose your arrest and the court proceedings when applying for certain professional licensing or government jobs. (Penal Code Sections 1203.4, 1203.4a). Further, any conviction which is set aside can be pled as an enhancement in future prosecutions, thereby resulting in a harsher sentence in a subsequent case.