Los Angeles Felony Defense Attorney

Aggressive Defense Against Felony Charges in California

Facing felony charges in California can be a life-altering experience, with consequences that extend far beyond the courtroom. A felony conviction can lead to severe outcomes that may affect various aspects of your life. At Stephen G. Rodriguez & Partners, our experienced Los Angeles felony defense attorneys are dedicated to protecting your rights, providing strategic defense, and navigating the complex legal system on your behalf. Whether you're dealing with violent crimes, drug offenses, or white-collar charges, we are here to help you pursue the best possible outcome.

Call Stephen G. Rodriguez & Partners today at (213) 481-6811 or contact us online to schedule a meeting with our felony defense attorney in Los Angeles!

Common Types of Felony Offenses in California

While most felonies include some element of violence, you do not necessarily have to commit a violent crime to be charged with a felony. For example, you could be charged with a felony if you are arrested for shoplifting and have a prior conviction. Shoplifting would otherwise be charged as a misdemeanor.

Some of the most typical felonies in California include:

• White-collar crimes – bribery, fraud, forgery, perjury, embezzlement, etc.
• Drug crimes–possession, sales, manufacturing, distribution, etc.
• Sex crimes–sexual abuse, sexual assault, possession of child porn, etc.
• Violent crimes–murder, manslaughter, kidnapping, arson, mayhem, etc.
• Theft crimes– burglary, armed robbery, grand theft, carjacking, etc.

How Does a Felony Differ From a Misdemeanor?

In California and the rest of the United States, a felony is any crime punishable by death or imprisonment in state prison. All other crimes or public offenses are treated as misdemeanors, which carry a maximum of one year in county jail. Furthermore, most felony convictions will result in collateral consequences like the loss of your professional license, the loss of your right to own firearms, loss of employment, and the inability to hold office or serve as a juror.

In California, certain felonies must be served in county jail if the new sentencing program, the Criminal Justice Realignment Act of 2011, specifies so.

Why Are Some Crimes Called “Wobblers” in California?

In California, a number of crimes are considered to be "wobblers," meaning that they could either be charged as a misdemeanor or felony. When expungement or sentencing hangs in the balance over the status of a wobbler, you must enlist the help of an experienced criminal attorney in Los Angeles, CA. When Stephen G. Rodriguez & Partners is on your case, we may be able to tip the scales of justice in favor of a misdemeanor to minimize your penalties potentially.

Some of the most common wobblers in California include:

Serious Charges Require a Serious Defense

If you have been charged with a felony offense in California, it is essential to understand what you are up against. At best, you may receive formal probation with little to no jail time; however, in the worst-case scenario, the consequences may include a lifetime behind bars in state prison. You could also lose your professional license, your job, and your right to own a firearm. If you are not a citizen of the United States, you could also face deportation. For this reason, you will need an aggressive defense. 

The Los Angeles criminal lawyers at Stephen G. Rodriguez & Partners have been defending the rights of criminally accused clients for over 70 years combined. When you work with us, we will stand by you throughout every step of the process, thoroughly review the evidence against you, and do everything we can to secure a favorable resolution. We know how damaging a felony conviction can be, so you can trust that we will work diligently to protect your freedom.

Determinate & Indeterminate Sentencing in Felony Cases

If you are convicted of a felony offense in the state of California, you could either face a determinate sentence or an indeterminate sentence—the difference being that a determinate sentence is a set term of imprisonment and an indeterminate sentence is a variable term, such as a term of life in prison. However, most felonies are punishable under the determinate sentencing laws in California. This means that the judge can impose one of three prison terms: a low, middle, or high term of imprisonment.

For example, robbery is punishable by a low term of two years, a middle term of four years, and a high term of six years. The judge will usually impose a middle-of-the-road sentence. Still, their decision will be influenced by several factors—including their discretion, the seriousness of the crime, the defendant's criminal record, and other mitigating and aggravating factors. Indeterminate sentencing is reserved for particularly serious felonies like murder, kidnapping, rape, and aggravated mayhem.

How the "Three Strikes Law" Can Affect Sentencing

Being convicted of a felony offense anywhere in the United States can result in harsh penalties; however, California's three-strikes law can make a felony conviction particularly devastating. This law, commonly called the "three strikes and you're out" law, requires repeat felony offenders to serve increasingly severe sentences with each subsequent offense. Someone who is convicted of their third serious or violent felony will automatically face 25 years to life.

• If you already have one strike on your record and are convicted of another serious felony in the state, you will automatically face a doubled prison sentence and triple the amount of time in actual custody—due to the law's reduction of good behavior credit.
• If you already have two strikes on your record and you are convicted of a third felony in the state (even if it is not considered a strike), the "three strikes law" will come into full effect—meaning that you will automatically be required to serve 25 years to life in prison.

Under California Penal Code § 666, someone previously convicted of three theft offenses could face felony penalties if they commit another theft-related crime. This means that a "two strikes" defendant charged with a new misdemeanor shoplifting offense could have their charges upgraded to a felony—and, thus, face 25 years to life in prison under the three strikes law.

Alternative Sentencing Options for Felony Offenses

California provides several alternative sentencing programs that prioritize rehabilitation over incarceration.

These options can significantly reduce prison time for eligible individuals facing felony charges:

• Types of Programs: Options include drug treatment courts, diversion programs, and house arrest.
• Eligibility Criteria: Qualification depends on the nature of the felony, the individual’s criminal history, and whether the offense involved violence.
• Benefits: Participation in these programs may result in reduced sentences and, in some cases, dismissal of charges upon successful completion.
• Legal Guidance: A knowledgeable defense attorney can help determine your eligibility and advocate for alternative sentencing options.

What Does Arraignment Mean in Court for a Felony?

An arraignment in court for a felony is a formal court proceeding where the defendant is brought before a judge to hear the charges against them and enter a plea (usually guilty or not guilty).

During the arraignment, the defendant is informed of their rights, including the right to an attorney and the consequences of their charges. They may also be informed of the evidence that the prosecution has against them.

The defendant will be asked to plea the charges against them.

• If they plead guilty, a sentencing hearing will be scheduled later.
• If they plead not guilty, a trial date will be set.

The arraignment is a crucial step in the legal process for a felony charge because it sets the tone for the rest of the case and can affect the defendant's chances of a fair trial.

Can You Go to Jail at a Felony Arraignment?

It is unlikely that a defendant would be sentenced to jail during an arraignment. An arraignment is a preliminary hearing where the defendant is formally charged and enters a plea. It is not a trial and does not typically involve the presentation of evidence or witness testimony.

However, in some rare cases, a judge may order a defendant to be detained pending trial if they pose a flight risk or a danger to the community. This is known as pretrial detention. In such cases, the defendant may be taken into custody at the arraignment and held in jail until the trial. But this is different, and generally, an arraignment does not result in an immediate sentence or jail time.

Understanding Felony Expungement in California

Expungement in California offers individuals convicted of felonies a chance to clear their criminal record under certain circumstances.

While it does not erase the conviction, it can improve prospects.

• Expungement Process: Allows withdrawal of a guilty plea or dismissal of a conviction.
• Eligibility: Not all felonies are eligible for expungement. Felonies that result in state prison time or serious offenses like violent crimes typically cannot be expunged.
• Benefits: Expungement can enhance job prospects and restore certain rights.
• Legal Assistance: Consulting with an experienced attorney ensures a thorough evaluation of your eligibility and guidance through the expungement process.

Protect Your Future with an Experienced Felony Defense Attorney

When facing felony charges, it is crucial to have a skilled and knowledgeable defense attorney by your side. At Stephen G. Rodriguez & Partners, our team of Los Angeles felony defense attorneys has years of experience successfully defending clients against a wide range of felony offenses.

Why choose us for your felony defense:

• Extensive experience: Our attorneys deeply understand the California criminal justice system and have successfully handled numerous felony cases.
• Strategic defense: We will thoroughly investigate the details of your case, analyze the evidence, and develop a strong defense strategy tailored to your specific situation.
• Protect your rights: We are committed to protecting your constitutional rights throughout the legal process, ensuring fair treatment and due process.
• Negotiation skills: Our attorneys are skilled negotiators and will work tirelessly to seek the best possible outcome for your case, whether through plea bargaining or alternative sentencing options.
• Trial experience: If your case goes to trial, our attorneys are experienced litigators who will vigorously advocate for your rights in the courtroom.

Contact Our Los Angeles Felony Defense Attorney Today

Even if you face the lightest possible sentencing for a felony conviction, this permanent mark on your criminal record could still have lasting consequences. Not only could it limit your housing and employment opportunities, but it could put a strain on your relationships and quality of life. For this reason, you shouldn't wait any longer to retain the help of a Los Angeles criminal defense lawyer at Stephen G. Rodriguez & Partners if you or someone you love has been arrested for a felony.

In 2003, 68% of the adults arrested in the state were convicted of their charges. With this number in mind, it is important to remember that choosing the right criminal defense attorney can make all the difference in the outcome of your case. When you work with our firm, you can rest easier knowing that we are backed by client satisfaction and a proven record of successful results. Let us put our seven decades of combined legal experience to work for you; contact our firm today!

Contact Stephen G. Rodriguez & Partners today to schedule a meeting with our felony defense lawyer in Los Angeles!