Understanding Misdemeanor vs Felony Charges in Los Angeles

Facing criminal charges in California can be overwhelming. Legal terms often confuse people. Many defendants struggle to understand the critical distinctions between criminal charge classifications and their future implications.

The California legal system sorts unlawful acts by severity. These levels affect jail time, fines, and future job and housing chances.

In Los Angeles County, knowing the difference between felony and misdemeanor LA cases is key. Less serious crimes usually mean shorter jail and smaller fines. But, more serious charges have bigger consequences.

Dealing with the justice system in Southern California is complex. Getting help from experienced lawyers is vital. Rubin Law, P.C., at 3731 Wilshire Blvd Suite 514B, Los Angeles, CA 90010, helps clients understand their charges and plan defenses.

For help with your case, call 213-723-2237 or visit https://rubinlawpc.com/. Learn about your legal options.

The California Criminal Justice System Overview

Understanding the California criminal justice system is key. It helps you know how crimes are classified and handled in Los Angeles County. This knowledge is vital for those facing legal issues in Los Angeles.

California’s system has three main levels of crime. These levels affect penalties and court procedures. The california penal code outlines these levels and their penalties.

California Penal Code Classifications

The California Penal Code divides crimes into three main groups. Each group shows a different level of crime and has its own penalties. Knowing these groups is important for anyone dealing with criminal law in Los Angeles.

Infractions are the least serious crimes. They usually don’t lead to jail but might result in fines or community service. Examples include most traffic tickets and minor public disturbances.

Misdemeanors are more serious than infractions but less than felonies. They can lead to up to a year in jail, fines up to $1,000, probation, and community service.

Felonies are the most serious crimes. They can result in 16 months to life in prison, big fines, and long-term effects. Felony convictions can affect your job, voting rights, and gun ownership.

Classification	Maximum Incarceration	Typical Fines	Court of Jurisdiction	Examples
Infractions	None	$100-$250	Traffic/Municipal Court	Speeding, jaywalking
Misdemeanors	Up to 1 year in county jail	Up to $1,000 (standard)	Los Angeles County Superior Court	DUI, petty theft, simple assault
Felonies	16 months to life in state prison	$10,000+ depending on offense	Los Angeles County Superior Court	Murder, robbery, kidnapping

Los Angeles County Court System

The Los Angeles County Court System is huge and complex. It deals with thousands of cases every year. Knowing this system is key for anyone facing criminal charges in Los Angeles.

The Superior Court of Los Angeles County handles all criminal cases. But, different courthouses focus on different types of cases. For example, the Clara Shortridge Foltz Criminal Justice Center in downtown Los Angeles deals mainly with felonies.

Criminal law in Los Angeles follows a set process. It starts with arraignment, where charges are presented. Misdemeanors usually go straight to trial, while felonies need a preliminary hearing to move forward.

Los Angeles County also has special courts for specific issues. These include drug courts, veterans courts, mental health courts, and homeless courts. These courts focus on helping offenders instead of just punishing them.

Understanding the complex criminal system in Los Angeles is hard. That’s why getting a good lawyer is so important. Rubin Law, P.C., in Los Angeles, helps clients navigate this system with care and expertise.

Defining Misdemeanor Charges in Los Angeles

Misdemeanor offenses in Los Angeles County are a special legal category. They have their own definitions, classifications, and consequences. Knowing about misdemeanor charges in LA can help with defense strategies and outcomes.

Legal Definition of Misdemeanors

In California, a misdemeanor is a crime that can get you up to one year in jail and a fine of $1,000. It’s between minor infractions and serious felonies.

In Los Angeles, misdemeanors are handled by the City Attorney’s Office or the District Attorney’s Office. They are tried in the Los Angeles County Superior Court’s misdemeanor divisions.

Misdemeanors give defendants important rights, like the right to a jury trial and court-appointed counsel if needed. But they don’t have the same penalties as felonies.

Categories of Misdemeanors

Los Angeles divides misdemeanors into two main types based on penalties:

Standard Misdemeanors: These have a maximum jail time of six months, a fine of up to $1,000, or both. Examples include first-time simple assault or public intoxication.
Aggravated (Gross) Misdemeanors: These are more serious and can get you up to 364 days in jail and a fine of up to $1,000. Examples include certain domestic violence offenses or DUI with aggravating factors.

The 364-day limit for aggravated misdemeanors helps non-citizens avoid federal immigration penalties. A sentence of one year or more can lead to deportation or other immigration issues.

Common Misdemeanor Offenses in LA

Los Angeles sees thousands of misdemeanor cases each year. Some common charges include:

Petty Theft: Taking property valued at $950 or less is petty theft in California. It’s often punished with up to six months in jail and a fine of up to $1,000.
Simple Assault: Trying to hurt someone can be simple assault. It can get you up to six months in jail and a $1,000 fine, even without actual contact.
DUI (First Offense): A first-time DUI without aggravating factors is usually a misdemeanor in Los Angeles. Penalties include up to six months in jail, fines, probation, and alcohol education.
Vandalism: Damaging property worth under $400 is a misdemeanor. It can lead to jail time and making the victim whole again.
Public Intoxication: Being drunk or high in public can get you charged with a misdemeanor. It can result in up to six months in jail.
Drug Possession: Possessing many controlled substances for personal use is now a misdemeanor in California, not a felony.

Each offense has specific elements that prosecutors must prove. For example, petty theft requires taking someone’s property without permission and intending to keep it.

Misdemeanors are less severe than felonies but can affect your future. That’s why getting a good lawyer is important, even for minor charges.

Rubin Law, P.C., in Los Angeles, specializes in defending against misdemeanor charges. They know the local courts well and tailor defense strategies for each client.

Understanding Felony Charges in Los Angeles

In Los Angeles, felony charges are taken very seriously. These crimes are the most serious under California law. Facing felony charges can change your life in big ways.

Defendants need lawyers who know how to handle these cases. The legal process is complex and requires a strong defense.

Legal Definition of Felonies

Felonies in California are crimes that can get you more than a year in jail. These sentences are usually in state prison, not county jail. This makes felonies much more serious than lesser crimes.

The California Penal Code says felonies are the most serious crimes. Unlike misdemeanors, felony charges in LA can mean decades in prison or even life for the worst crimes.

In Los Angeles, felony sentences follow a set guideline. Most felonies have a low, middle, and high term. The exact term depends on the case’s details.

Categories of Felonies

California has two main types of felonies: straight felonies and wobbler felonies. Knowing the difference is key for anyone facing charges in Los Angeles.

Straight felonies are the most serious. They can only be charged as felonies. Crimes like murder, kidnapping, and most sex crimes fall into this category. These crimes can lead to California’s “Three Strikes” law, which increases penalties for repeat offenders.

Wobbler felonies are less serious. They can be charged as either felonies or misdemeanors. The decision depends on the crime’s details, the defendant’s past, the prosecutor’s choice, and the judge’s view.

The California Three Strikes Law affects felony sentences. It means much harsher penalties for those with serious or violent felony convictions. A third “strike” can lead to 25 years to life in prison.

Common Felony Offenses in LA

Violent crimes in Los Angeles are a big part of felony cases. These include crimes that harm or threaten people. Murder is the most serious, with penalties from 25 years to life or even death.

Sexual assault crimes, like rape and sexual battery, are also aggressively prosecuted. They carry long prison sentences and require lifetime sex offender registration. Robbery, taking property by force or fear, is another serious crime with harsh penalties.

Vehicular manslaughter happens when someone dies due to bad or illegal driving, often with alcohol or drugs involved. These cases mix DUI and homicide law, needing special defense strategies.

Property crimes can also be felonies if they involve a lot of money or other serious factors. Burglary, grand theft, and fraud above certain amounts are felonies under criminal law in Los Angeles.

Drug crimes are another common felony charge, mainly for selling, moving, or making controlled substances. Even with recent law changes, serious drug trafficking can lead to long prison terms.

Felony Offense	Classification	Typical Prison Term	Special Enhancements	Strike Status
Murder (1st Degree)	Straight Felony	25 years to life	Special circumstances can lead to LWOP	Violent Strike
Robbery	Straight Felony	2-9 years	+10 years for firearm use	Violent Strike
Residential Burglary	Straight Felony	2-6 years	+5 years if occupied	Serious Strike
Grand Theft	Wobbler	16 months-3 years	+1 year per prior theft conviction	Non-Strike
Drug Sales	Wobbler/Straight	2-4 years	+3 years near schools	Non-Strike

Felony convictions have big consequences. They can mean losing voting rights, not being able to own guns, and facing job and immigration issues.

Because of these serious effects, getting a good lawyer is key. Handling felony cases needs experts who know California law and the Los Angeles courts well.

Felony vs Misdemeanor Los Angeles: Key Differences

In Los Angeles, being charged with a felony or misdemeanor changes everything. These two levels of crime have big differences in how they’re handled. Knowing these differences is key for anyone facing charges in Los Angeles County.

Severity and Classification Differences

The main difference between felony and misdemeanor charges in LA is the crime’s severity. Misdemeanors are less serious, with punishments like up to a year in jail, fines up to $1,000, and possibly probation or community service.

Felonies, on the other hand, are the most serious crimes in LA. They can lead to state prison sentences over a year, fines in the tens of thousands, and strict probation conditions.

The California Penal Code divides felonies into levels based on how serious they are. Some felonies have fixed sentences, while others have indeterminate sentences like “25 years to life.” This shows how serious crimes can vary greatly.

felony vs misdemeanor los angeles comparison chart

Court Process Variations

Misdemeanor cases in Los Angeles County move faster through the courts. They have fewer court appearances and a simpler process. These cases are handled in the lower courts of Los Angeles County.

Felony cases, though, are more complex and take longer. They start in lower courts but may go to superior courts for trial. Felony defendants in Los Angeles face more steps, including:

More extensive arraignment proceedings
Higher bail amounts or possible denial of bail
Longer discovery periods
More pre-trial motions and hearings
Potentially longer trial proceedings

The complexity of felony vs misdemeanor court processes often requires more detailed legal help. Attorneys at Rubin Law, P.C. are skilled in both types of cases. They offer defense strategies based on the specific charges.

Statute of Limitations

Another key difference is the statute of limitations, the time limit for prosecutors to file charges. Most misdemeanors in Los Angeles have a one-year limit.

Felony charges usually have a three-year limit, but serious felonies like murder have no limit. This means charges can be brought at any time.

This difference is important because it affects how long someone can be at risk of prosecution. The varying time limits reflect the different severity levels between felony and misdemeanor charges in Los Angeles.

Right to Preliminary Hearing

One of the biggest procedural differences is the right to a preliminary hearing. In Los Angeles, defendants facing felony charges have this right. This is not the case for misdemeanor defendants.

At a preliminary hearing, the prosecution must show they have enough evidence to move forward with the case. This is a key chance for the defense to challenge the evidence and possibly get charges reduced or dismissed before trial.

Misdemeanor defendants do not get this extra protection. Their cases go straight from arraignment to pre-trial and then to trial if no plea is reached.

The attorneys at Rubin Law, P.C. in Los Angeles know how to use preliminary hearings to help clients facing felony charges. Located at 3731 Wilshire Blvd Suite 514B, they offer defense strategies tailored to your specific case. Understanding the differences between misdemeanors and felonies is key to making informed decisions about your case.

Aspect	Misdemeanors	Felonies
Maximum Incarceration	Up to 1 year in county jail	1+ years in state prison
Typical Fine Range	$100-$1,000	$1,000-$10,000+
Statute of Limitations	Generally 1 year	3+ years (some have none)
Preliminary Hearing	Not entitled	Constitutional right
Voting Rights Impact	Usually preserved	Often restricted during incarceration

Penalties and Consequences

Los Angeles criminal convictions have different penalties for misdemeanors and felonies. The California legal system punishes these crimes differently. Knowing these outcomes is key for those facing charges in Los Angeles County.

Misdemeanor Penalties in Los Angeles

Misdemeanor convictions in Los Angeles have less severe but significant penalties. The most common punishment is incarceration in county jail for up to one year. Many first-time offenders get sentences shorter than the maximum.

Financial penalties are also common. Fines for standard misdemeanors usually range from $500 to $1,000. But, DUIs or domestic violence can have fines of several thousand dollars.

Most misdemeanor convictions include probation terms in Los Angeles lasting one to three years. During probation, offenders must follow specific conditions such as:

Regular check-ins with a probation officer
Completion of community service hours
Participation in court-ordered education or treatment programs
Payment of restitution to victims
Maintaining employment or enrollment in educational programs

For DUI or drug possession, courts may require specialized treatment programs.

Felony Penalties in Los Angeles

Felony convictions have harsher penalties. Incarceration can range from 16 months to life imprisonment. California’s sentencing guidelines provide three possible terms for most felonies.

Felony sentences can be in county jail or state prison. The 2011 Realignment Legislation moved many non-violent offenders to county facilities. Felony convictions also have financial penalties that can reach up to $10,000 or more for certain offenses.

Formal probation for felonies is more restrictive. It lasts three to five years and has stricter conditions. Sentence enhancements may apply based on factors such as:

Prior criminal history
Use of weapons during the crime
Causing great bodily injury
Crimes committed against vulnerable victims
Gang-related activities

California’s Three Strikes Law is significant for those with felony convictions. Under this law, certain felonies count as “strikes.” Accumulating multiple strikes can lead to dramatically increased sentences—potentially 25 years to life for a third strike.

Collateral Consequences

Criminal convictions, even misdemeanors, have many indirect penalties. These penalties can affect every part of life. They often last long after jail time or probation is completed.

Getting a job becomes harder with a criminal record. California law requires disclosure of felony convictions on job applications. Many employers conduct background checks. Some professions and industries are closed to those with specific convictions.

Professional licensing boards often restrict or deny licenses to individuals with criminal records. This affects careers in healthcare, education, law, real estate, and more. Housing options may also be limited, as many landlords and property management companies screen for criminal history.

For non-citizens, criminal convictions can lead to severe immigration consequences. This includes deportation, inadmissibility, or denial of naturalization. Even for citizens, certain rights are affected. Felons lose the right to own or possess firearms, and some may temporarily lose voting rights while incarcerated or on parole.

Family relationships can also suffer. This is true for cases involving custody or visitation rights. Certain sex crimes require mandatory registration as a California sex offender. This creates lifelong restrictions and public stigma.

The attorneys at Rubin Law, P.C. in Los Angeles understand these consequences. They work to minimize them through strategic defense approaches. Located at 3731 Wilshire Blvd Suite 514B, their team provides guidance on both immediate penalties and long-term implications of criminal charges.

The Legal Process for Criminal Charges in LA

Criminal charges in Los Angeles start a complex legal journey. This journey includes several key stages from arrest to trial. Knowing this process is vital for those facing charges under criminal law in Los Angeles.

The path through the justice system varies between misdemeanor and felony cases. This affects court procedures and possible outcomes.

Arrest and Booking Procedures

When arrested in Los Angeles, a booking process begins. Officers document personal info, take fingerprints, and capture mugshots. They also collect DNA samples in felony cases.

During booking, the officer must read Miranda rights. This informs the individual of their right to remain silent and to have an attorney present.

After arrest, the police send their report and evidence to the prosecutor’s office. The prosecutor then decides on charges based on injuries, conduct, and prior record.

Booking for misdemeanors happens at a local police station. Felony arrests lead to county jail. The Los Angeles County Sheriff’s Department manages the county jail system.

Bail and Pretrial Release

After arrest, the question of pretrial release is key. For misdemeanors, many are released on their own recognizance or with a citation. For serious charges, bail is required.

Bail amounts in Los Angeles are based on a county schedule. Minor misdemeanors might have bail in the thousands. Serious felonies can have bail in the hundreds of thousands or millions.

California has changed bail to focus on risk assessment. Judges now consider public safety and flight risk when deciding on release. Release conditions may include regular check-ins, electronic monitoring, or travel restrictions.

Those who can’t afford bail may seek help from a bail bondsman or request a bail hearing. A criminal defense attorney in Los Angeles can argue for reduced bail or alternative release conditions. Early representation can greatly impact a case.

Arraignment and Plea Bargaining

Arraignment is the defendant’s first court appearance. The judge formally notifies the defendant of charges and asks for their plea. For misdemeanors, arraignment happens within days of arrest. Felony arraignments must occur within 48 hours.

This stage starts the plea bargaining process. Plea negotiations involve discussions between the defense attorney and prosecutor. They discuss reducing charges or recommending sentences in exchange for a guilty plea.

Plea deals for misdemeanors might include reduced jail sentences in Los Angeles, probation, or diversion programs. Felony plea bargains often aim to reduce prison time or drop enhancements.

Having experienced legal representation is critical during this phase. Firms like Rubin Law, P.C. can evaluate the prosecution’s case and negotiate effectively for defendants facing charges in Los Angeles County.

Trial Process Differences

The trial process varies between misdemeanor and felony cases. Felony cases include a preliminary hearing to justify moving forward with charges. Misdemeanors do not have this procedural safeguard.

Jury selection also differs. Misdemeanor juries have 12 jurors selected quickly. Felony juries have more extensive questioning of jurors.

During trial, both sides present evidence according to strict rules. The prosecution must prove guilt “beyond a reasonable doubt.” This standard applies to all charges, regardless of severity.

Misdemeanor trials are usually quick, lasting days. Felony trials, for serious charges, can last weeks or months. Throughout, a knowledgeable criminal defense attorney in Los Angeles can significantly impact outcomes.

If convicted, sentencing varies by charge severity. Misdemeanor sentencing happens immediately after verdict. Felony sentencing occurs weeks later after reports and memoranda are prepared. Understanding charge classification is key in the Los Angeles criminal justice system.

Wobblers: When Charges Can Be Either

In Los Angeles, “wobbler” offenses are special. They can be either misdemeanors or felonies, depending on the prosecutor’s choice. This makes them a gray area between the two. Knowing about wobblers is key for anyone facing charges in California, as the outcome can vary greatly.

Definition of Wobbler Offenses

Wobbler offenses are crimes that can be charged as either misdemeanors or felonies. This gives prosecutors a lot of power in how they handle these cases. The name “wobbler” comes from how these charges can change between the two types.

These offenses are a middle ground in criminal law. If charged as felonies, they can lead to state prison. But if charged as misdemeanors, they usually mean county jail time of one year or less, along with smaller fines and probation.

Even after being charged, wobblers can change. A judge can lower a felony wobbler to a misdemeanor at several points. This can happen during the preliminary hearing, at sentencing, or after the defendant completes probation under California Penal Code Section 17(b).

Common Wobbler Crimes in Los Angeles

In Los Angeles, prosecutors often deal with wobbler offenses. Many of these are theft crimes in Los Angeles. These can be charged as misdemeanors or felonies, depending on the value of what was stolen.

Some common wobbler offenses include:

Grand theft (when property value is between $950 and $5,000)
Assault with a deadly weapon (depending on the weapon used and injuries caused)
Domestic violence (particularily corporal injury to spouse under PC 273.5)
Burglary in the second degree (commercial burglary)
Criminal threats (PC 422)
Forgery (depending on the documents and amounts involved)

For example, in a grand theft case, if someone steals property valued at $1,200, prosecutors could charge this as either a misdemeanor (with up to one year in county jail) or a felony (with 16 months, 2 years, or 3 years in state prison). This shows why understanding wobbler offenses is so important for defendants.

Factors Influencing Charging Decisions

When deciding whether to charge a wobbler as a misdemeanor or felony, prosecutors look at many factors. The California District Attorneys Association (CDAA) provides guidelines that help make these decisions.

Key factors include:

Severity and circumstances of the alleged crime
Defendant’s prior criminal history (specifically similar offenses)
Whether violence was involved or threatened
Defendant’s level of cooperation with law enforcement
Age and personal circumstances of the defendant
Strength of the prosecutor’s evidence
Likelihood of continued criminal conduct
Eligibility for probation

An experienced criminal defense attorney can use these factors to argue for reduced charges. For example, showing a client’s lack of prior criminal history, cooperation with authorities, and mitigating circumstances can persuade prosecutors to file a wobbler as a misdemeanor.

The attorneys at Rubin Law, P.C. often work with Los Angeles prosecutors to have wobbler offenses charged as misdemeanors. This can greatly change a case’s outcome and reduce long-term consequences for clients.

Even after charges are filed, defense attorneys can ask the court to reduce a wobbler felony to a misdemeanor under PC 17(b). This is very effective after successful completion of probation, showing the court that the defendant deserves the reduced classification and its benefits.

Defense Strategies for Criminal Charges

Understanding how to defend against criminal charges in Los Angeles is key. It’s about knowing the right strategies for misdemeanors and felonies. When your freedom is at risk, having a solid defense plan is essential.

Each case is unique, and the right defense can make a big difference. In Los Angeles, the criminal justice system is complex. Knowing the best defense for your situation can greatly impact your case.

Misdemeanor Defense Approaches

For misdemeanor charges in Los Angeles, the goal is to minimize penalties and avoid a criminal record. Diversion programs are a great option for first-time offenders. These programs let defendants do community service or education instead of facing penalties.

Another effective strategy is challenging the evidence the prosecution presents. This could mean questioning the legality of searches or pointing out witness inconsistencies. Many misdemeanor cases are dismissed due to errors or lack of evidence.

criminal defense for felonies and misdemeanors in la

Defense attorneys often try to get charges reduced through plea bargaining. For example, a DUI might be reduced to reckless driving. This can lessen the consequences. In some cases, attorneys might push for dismissals due to legal mistakes.

For some misdemeanors, showing you’ve completed classes or made restitution can help. This shows the court you’re serious about fixing issues.

Felony Defense Strategies

Felony charges need a strong and detailed defense because of their serious consequences. One key strategy is challenging probable cause at preliminary hearings. This can lead to charges being reduced or dismissed before trial.

Filing motions to suppress evidence is another powerful tool in felony defense. If evidence was obtained illegally, it might not be allowed in court. This can weaken the prosecution’s case.

In cases of violent crimes in Los Angeles, defense attorneys use expert witnesses. These experts can challenge forensic evidence or offer different views of events. They might talk about ballistics, DNA, or psychological factors.

Negotiating plea agreements to lesser offenses is common when the evidence is strong. Getting a felony reduced to a misdemeanor or avoiding prison time is a win.

If a trial is needed, building a strong defense narrative is key. This might include proving alibis, self-defense, mistaken identity, or lack of intent. These strategies can create doubt in jurors’ minds.

Working with a Criminal Defense Attorney

Finding the right criminal defense attorney in Los Angeles is critical. Look for someone with experience in your type of case. Their knowledge can be a game-changer.

The relationship with your attorney should be based on trust and open communication. Be completely honest about your case, even if it seems bad. This helps your attorney prepare and develop the best defense.

Good defense attorneys do thorough investigations. They might use private investigators to gather evidence and interview witnesses. They also know prosecutors and judges, which helps in negotiations.

When you work with a defense attorney, expect updates and clear explanations of your options. Quality representation means more than just courtroom skills. It’s about guiding you through the legal process.

Firms like Rubin Law, P.C. in Los Angeles offer detailed criminal defense for both misdemeanors and felonies. They have offices at 3731 Wilshire Blvd and tailor strategies to each case. Their knowledge of the Los Angeles court system and connections with legal professionals are invaluable.

Getting a defense attorney involved early can open more options. From challenging evidence to negotiating plea deals, a skilled criminal defense attorney in Los Angeles can navigate the system for the best outcome.

Post-Conviction Relief Options

If you have a criminal record in Los Angeles, there are ways to move forward. California law offers several options to lessen the impact of a conviction. These can help you rebuild your life, find better jobs, and regain rights lost due to your record.

Getting help from a skilled criminal defense attorney in Los Angeles is key. They can guide you through the legal maze and increase your chances of success.

Expungement Possibilities

Expungement can give you a fresh start in California. Under Penal Code Section 1203.4, you can ask the court to reopen your case. This can lead to your guilty or no contest plea being withdrawn and the case dismissed.

To qualify for expungement in Los Angeles, you need to:

Have successfully completed probation for the offense
Have paid all fines, restitution, and court-ordered fees
Not have served time in state prison for the offense
Not be facing any new criminal charges

Expungement doesn’t erase your criminal record. It just updates it to show the case was dismissed. This can greatly improve your job prospects by allowing you to legally deny having a conviction to most employers.

Some serious sex offenses can’t be expunged. Also, expungement doesn’t restore firearm rights or prevent the conviction from being used in future cases.

Record Sealing in California

Record sealing is another way to clean up your criminal history. California has made it easier to seal records with laws like SB 393 and AB 1076.

There are two main types of record sealing in California:

Arrest record sealing – Available when arrests didn’t lead to conviction or when charges were dismissed
Conviction record sealing – Available for certain convictions after completing all sentencing requirements and waiting periods

Sealing your record can hide it from most employers and landlords during background checks. This can help you find better housing and jobs after a conviction.

To seal your record, you need to file a petition with the court where your case was handled. You’ll need to show evidence of rehabilitation and explain why sealing your record is in the interest of justice. Probation fines in Los Angeles must be fully paid before you can qualify for record sealing in most cases.

Reducing Felonies to Misdemeanors

California Penal Code Section 17(b) offers a chance to reduce some felony convictions to misdemeanors. This can greatly reduce the negative effects of having a felony record.

To qualify for a felony reduction, your offense must be a wobbler—a crime that could have been charged as either a felony or misdemeanor. Examples include some theft offenses, drug crimes, and certain assault charges.

The benefits of reducing a felony to a misdemeanor include:

Restoration of certain civil rights, including the right to vote
Improved employment opportunities
Eligibility for professional licenses that exclude felons
Better housing options
Enhanced eligibility for expungement

Legal experts at Rubin Law, P.C. in Los Angeles suggest getting a felony reduction before seeking expungement. This approach maximizes the benefits of both options and gives you the cleanest record possible.

If you’re facing a wobbler felony conviction, talking to a knowledgeable attorney at Rubin Law, P.C. (213-723-2237) can help. They specialize in helping clients navigate these complex post-conviction processes.

Relief Option	Eligibility Requirements	Primary Benefits	Limitations	Timing
Expungement	Completed probation; no state prison time; all fines paid	Can legally deny conviction on job applications	Doesn’t erase record completely; visible to government agencies	After probation completion
Record Sealing	Varies by case type; waiting periods apply	Records hidden from most background checks	Some agencies can access sealed records	Depends on offense; some eligible immediately
Felony Reduction	Must be a “wobbler” offense	Restores rights lost with felony; improves expungement eligibility	Only applies to wobbler offenses	Can be requested at sentencing or after probation
Certificate of Rehabilitation	Waiting period after sentence completion	Shows rehabilitation; automatic pardon application	Doesn’t expunge or seal record	7-10 years after sentence completion

The path to clearing your record depends on your specific situation, criminal history, and future goals. An experienced criminal defense attorney in Los Angeles can help you choose the best strategy for your case.

Remember, while these options can greatly improve your situation, the process is complex and time-consuming. You’ll need to gather the right documents, meet deadlines, and plan strategically for success in any post-conviction relief petition.

Conclusion: Navigating Criminal Charges in Los Angeles

It’s key to know the difference between felony and misdemeanor charges in Los Angeles. Felonies can lead to state prison, formal probation, and affect your civil rights. Misdemeanors usually mean up to a year in county jail with less long-term impact.

Some crimes, like domestic violence, can be either a felony or a misdemeanor. For example, domestic violence cases under Penal Code 273 can be charged as a felony or a misdemeanor. This depends on the case details and your criminal history.

The consequences of criminal charges are very serious. The outcome of your case can greatly affect your future. It can impact your job, family, and reputation. Getting a skilled criminal defense lawyer in LA is vital to protect your rights and future.

If you’re facing charges in Los Angeles County, talking to a criminal defense attorney is your first step. Rubin Law, P.C., at 3731 Wilshire Blvd Suite 514B, offers top-notch legal help. Call them at 213-723-2237 or visit their website to set up a meeting and explore your legal options.

FAQ

What is the main difference between a misdemeanor and a felony in Los Angeles?

Misdemeanors are less serious and can get you up to a year in jail and fines up to

FAQ

What is the main difference between a misdemeanor and a felony in Los Angeles?

Misdemeanors are less serious and can get you up to a year in jail and fines up to $1,000. Felonies are more serious and can land you in state prison for 16 months to life. They also come with fines up to $10,000 or more. Felonies have bigger impacts on your future, like your job and where you can live.

How does the Los Angeles County Court System handle misdemeanors versus felonies?

Misdemeanors are quicker to handle, with fewer court visits. Felonies take longer and have more steps, like a preliminary hearing. Felonies also have more serious penalties.

What are some common misdemeanor offenses in Los Angeles?

Petty theft, simple assault, and DUI without aggravating factors are common. So are vandalism under $400 and public intoxication. These crimes usually mean up to six months in jail.

What are some common felony offenses in Los Angeles?

Felonies include murder, rape, and robbery. Also, burglary, grand theft, and selling drugs are felonies. These crimes can get you a long prison sentence.

What is a “wobbler” offense in California law?

A “wobbler” can be charged as a misdemeanor or felony. This lets judges decide based on the case. Examples include theft, assault, and vandalism over $400.

How long can I be sentenced to jail for a misdemeanor in Los Angeles?

For a standard misdemeanor, you can get up to six months in jail. Aggravated misdemeanors can get you 364 days. Judges might give you probation instead, depending on the case.

What is the statute of limitations for filing criminal charges in Los Angeles?

Most misdemeanors have a one-year limit. Felonies usually have three years, but some serious crimes have no limit. This means they can be charged anytime.

Can a felony charge be reduced to a misdemeanor in Los Angeles?

Yes, for “wobbler” offenses, a felony can be reduced to a misdemeanor. This can happen during plea negotiations, at the preliminary hearing, or at sentencing. It can help lessen the impact of a conviction.

What collateral consequences might I face with a criminal conviction in Los Angeles?

A conviction can make it hard to find a job or get housing. It can also affect your voting rights and ability to own a gun. Felonies have more severe consequences than misdemeanors.

Can criminal records be expunged in Los Angeles?

Yes, many convictions can be expunged after completing probation. Expungement lets you say you weren’t convicted in most situations. But, it’s not perfect, and some employers might see the record.

What is the difference between expungement and record sealing in California?

Expungement dismisses your case but the record is public. Record sealing makes the record private, but it’s harder to get. Both can help your future, but in different ways.

How does bail work for misdemeanors versus felonies in Los Angeles?

Bail for felonies is much higher than for misdemeanors. For misdemeanors, you might not have to pay bail. Felony bail can be very high. California is changing how it sets bail to focus on risk, not money.

What defense strategies are commonly used for criminal charges in Los Angeles?

Defenses include challenging evidence and questioning witnesses. You can also argue self-defense or negotiate a better deal. For felonies, challenging probable cause at the preliminary hearing is key.

How do I choose the right criminal defense attorney in Los Angeles?

Look for an attorney with experience in your case type. They should know the local courts and have a good track record. Choose someone who specializes in criminal defense and makes you feel comfortable.

What is the process for reducing a felony to a misdemeanor under Penal Code Section 17(b)?

To reduce a felony, your attorney files a petition showing you’ve completed probation. The court looks at your history and the offense. If approved, it can greatly reduce the impact of your conviction.

,000. Felonies are more serious and can land you in state prison for 16 months to life. They also come with fines up to ,000 or more. Felonies have bigger impacts on your future, like your job and where you can live.

How does the Los Angeles County Court System handle misdemeanors versus felonies?

Misdemeanors are quicker to handle, with fewer court visits. Felonies take longer and have more steps, like a preliminary hearing. Felonies also have more serious penalties.

What are some common misdemeanor offenses in Los Angeles?

Petty theft, simple assault, and DUI without aggravating factors are common. So are vandalism under 0 and public intoxication. These crimes usually mean up to six months in jail.

What are some common felony offenses in Los Angeles?

Felonies include murder, rape, and robbery. Also, burglary, grand theft, and selling drugs are felonies. These crimes can get you a long prison sentence.

What is a “wobbler” offense in California law?

A “wobbler” can be charged as a misdemeanor or felony. This lets judges decide based on the case. Examples include theft, assault, and vandalism over 0.

How long can I be sentenced to jail for a misdemeanor in Los Angeles?

For a standard misdemeanor, you can get up to six months in jail. Aggravated misdemeanors can get you 364 days. Judges might give you probation instead, depending on the case.

What is the statute of limitations for filing criminal charges in Los Angeles?

Most misdemeanors have a one-year limit. Felonies usually have three years, but some serious crimes have no limit. This means they can be charged anytime.

Can a felony charge be reduced to a misdemeanor in Los Angeles?

What collateral consequences might I face with a criminal conviction in Los Angeles?

A conviction can make it hard to find a job or get housing. It can also affect your voting rights and ability to own a gun. Felonies have more severe consequences than misdemeanors.

Can criminal records be expunged in Los Angeles?

What is the difference between expungement and record sealing in California?

Expungement dismisses your case but the record is public. Record sealing makes the record private, but it’s harder to get. Both can help your future, but in different ways.

How does bail work for misdemeanors versus felonies in Los Angeles?

What defense strategies are commonly used for criminal charges in Los Angeles?

How do I choose the right criminal defense attorney in Los Angeles?

What is the process for reducing a felony to a misdemeanor under Penal Code Section 17(b)?

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