The Journal5 min read
How Felony Charges Work in California and What Defense Lawyers Do
What a felony defense lawyer handles in California: how felonies are classified, the stages of a case, plea options, and where the law sets deadlines and rights.
In California, a felony is a crime punishable by imprisonment in state prison or, for certain offenses, county jail under Penal Code § 17 (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=17.). A felony defense lawyer investigates the charge, challenges the prosecution's evidence, negotiates, and represents the accused at every stage from arraignment through trial and sentencing.
What Makes a Charge a Felony in California
California sorts crimes into three tiers. Penal Code § 17 (§ 17) defines a felony as an offense punishable by death or imprisonment in state prison. An infraction is punishable only by fine, and a misdemeanor sits between the two, carrying county jail time or a fine but not a prison sentence.
Some offenses are "wobblers" — crimes a prosecutor can charge as either a felony or a misdemeanor. Under § 17(b), a court may reduce certain wobblers to misdemeanors at sentencing or on a later motion. Whether a prosecutor files a wobbler as a felony often turns on the seriousness of the conduct and the defendant's prior record.
Since the 2011 realignment, many felony sentences are served in county jail rather than state prison under Penal Code § 1170(h) (§ 1170). Whether an offense qualifies for jail or requires prison depends on the specific statute and the person's record. Serious and violent felonies, and offenses requiring sex-offender registration, are generally excluded from county-jail sentencing and still carry state prison exposure.
The Stages of a Felony Case
A felony case moves through defined steps, each with its own rules:
| Stage | What happens |
|---|---|
| Arrest / booking | Person is taken into custody; bail may be set |
| Arraignment | Charges are read; a plea is entered |
| Preliminary hearing | Judge decides if there is enough evidence to proceed |
| Pretrial motions | Suppression, discovery, and dismissal motions are argued |
| Trial | Jury or judge decides guilt |
| Sentencing | Court imposes punishment |
After arrest, a person must generally be brought before a court without unnecessary delay under Penal Code § 825 (§ 825). At the preliminary hearing, the prosecution must show probable cause; if it fails, charges can be dismissed before trial ever begins.
At arraignment the accused enters a plea — guilty, not guilty, or no contest — and the court addresses bail or release conditions. Many felony cases resolve through negotiation during the pretrial period rather than going to a full jury trial, but the option of trial shapes every stage that comes before it.
What a Felony Defense Lawyer Actually Does
Defense work is far broader than a courtroom argument. Attorneys handling felony matters typically:
- Review the evidence — police reports, body-camera footage, lab results, and witness statements — for gaps and constitutional problems.
- File motions, including motions to suppress evidence obtained through an unlawful search under Penal Code § 1538.5 (§ 1538.5).
- Negotiate with the prosecution over charges and sentencing.
- Advise on plea consequences, including immigration and licensing effects.
- Try the case to a jury when no acceptable resolution is reached.
Everyone accused of a crime that may result in incarceration has a right to counsel, and the court appoints a public defender for those who cannot afford a private attorney. Counsel also investigates independently, interviewing witnesses and, where the science is contested, consulting experts. You can review the general practice area at /lawyers/criminal-defense.
Speedy Trial and Other Timing Rules
California enforces strict timelines. Under Penal Code § 1382 (§ 1382), a felony case must generally go to trial within 60 days of arraignment on the information or indictment, unless the defendant waives that right or good cause exists to delay. A defendant in custody also has a right to a preliminary hearing within statutory limits.
These deadlines cut both ways: waiving time can allow more preparation, while asserting the right can pressure a case forward. Because evidence and witness memory degrade, timing is often a strategic decision rather than a purely procedural one. How a defense uses timing depends on the facts, which is why individual advice from counsel matters. For related deadline concepts, see California Statute of Limitations: Filing Deadlines.
After a Felony Conviction
A felony conviction carries consequences beyond a sentence — effects on firearm rights, employment, professional licensing, and immigration status among them. California law provides limited paths to relief.
Certain wobbler felonies can be reduced to misdemeanors and later dismissed under Penal Code § 1203.4 (§ 1203.4) after probation is completed, though this relief does not erase every consequence and does not restore firearm rights for offenses where a lifetime ban applies. Eligibility depends on the offense, whether prison time was served, and the person's record.
An appeal is a separate track from post-conviction relief, challenging legal errors made during the trial rather than seeking to clear a record afterward. Before hiring, you can confirm any lawyer's standing and discipline history — see How to Verify Any California Attorney's License in Two Minutes — or start at /find-counsel.
Frequently asked questions
What is the difference between a felony and a misdemeanor in California?
Under Penal Code § 17, a felony is punishable by state prison or, for some offenses, county jail, while a misdemeanor carries lighter penalties. Some crimes are "wobblers" that a prosecutor can charge either way depending on the circumstances and the person's record.
How long does the state have to bring a felony to trial?
Penal Code § 1382 generally requires a felony to go to trial within 60 days of arraignment on the information or indictment. A defendant can waive that right, and courts may allow delay for good cause, so the practical timeline varies from case to case.
Can a felony be reduced to a misdemeanor?
Certain wobbler offenses can be reduced under Penal Code § 17(b), and some convictions may be dismissed under Penal Code § 1203.4 after probation is completed. Eligibility depends on the specific offense, whether prison time was imposed, and the individual's history.
Will the court appoint a lawyer if I cannot afford one?
Yes. A person facing a felony that could result in incarceration has a right to counsel, and courts appoint a public defender for those who qualify financially. This right applies at critical stages of the case, including arraignment and trial.
What can a defense lawyer do before trial?
Defense counsel reviews the evidence, files motions such as a suppression motion under Penal Code § 1538.5 to exclude unlawfully obtained evidence, challenges the sufficiency of proof at the preliminary hearing, and negotiates with the prosecution over charges and sentencing.
Legal information, not legal advice.
Legal information, not legal advice. This brief provides general legal and professional information; it is not a substitute for counsel on a specific situation, and reading it creates no attorney–client relationship.