Morris Law is a Berkeley criminal defense law firm. Call (510) 350-3225 for a free case review of your felony charges case. Felony Charges in California is governed by California Penal Code §17 (felony definition) and §1170 (sentencing structure). All Berkeley cases route to the Alameda County courthouses in Downtown Oakland — the Wiley W. Manuel Courthouse for misdemeanors and the René C. Davidson Courthouse for felonies. Seth Morris spent years in both courthouses as a Deputy Public Defender.

What is felony charges under California law?

Berkeley Felony Lawyer — Morris Law

A felony in California is any offense punishable by death, imprisonment in state prison, or imprisonment in county jail for more than one year (Penal Code §17). Felonies are organized into determinate sentences (specific years like 2, 4, or 6) and indeterminate sentences (life with or without parole). Many California felonies are ‘wobblers’ — they can be charged as either felony or misdemeanor, and felony wobblers can later be reduced to misdemeanors under Penal Code §17(b). Post-conviction, Penal Code §1203.4 provides expungement relief for most successful probation completions.

Penalties for felony charges in California

Penalties for felony charges vary sharply by the specific statute, degree, and prior record. Below are the primary penalty ranges we see in Berkeley and Alameda County cases:

  • Determinate felonies: Triad sentencing — low, middle, or upper term (e.g., 16 months / 2 years / 3 years, or 3/6/9). Probation possible for non-violent felonies. PRCS or parole on release.
  • Indeterminate life sentences: 15 to life, 25 to life, life without parole. Parole eligibility depends on offense and conduct in custody.
  • Strike offenses (PC §1192.7, §667.5): First strike doubles future sentences. Second strike doubles plus 80% conduct credit. Third strike is 25 to life under the Three Strikes Law.
  • Wobbler felonies (PC §17): Can be charged as felony or misdemeanor. Reducible to misdemeanor at preliminary hearing (§17(b)(5)), at sentencing (§17(b)(3)), or after probation (§17(b)(3) post-completion).
  • Realignment felonies (PC §1170(h)): Non-serious, non-violent, non-sex felonies serve time in county jail rather than state prison. Mandatory supervision possible.
  • PC §1203.4 expungement: Most felonies dismissed after successful probation. Some prison felonies eligible under §1203.42 / §1203.41.

Collateral consequences often exceed the sentence itself — professional licensing, immigration status, firearm rights, and future employment can all be affected. We assess collateral exposure at the start of every case.

How Morris Law defends felony charges cases in Berkeley

Every case is different, but the defense strategies below are the ones that most often produce dismissals, reductions, and acquittals in felony charges cases:

  • Pre-filing intervention. Once police arrest but before the DA files, we can submit mitigation packets, witness statements, and legal memos that can lead to non-filings or reduced charges.
  • PC §995 motion to dismiss. After preliminary hearing, we can move to dismiss if the evidence was insufficient or was illegally obtained.
  • PC §1538.5 suppression. Any evidence obtained in violation of the Fourth Amendment is excluded — often gutting the prosecution’s case.
  • Wobbler reduction (PC §17(b)). Reducing a felony wobbler to a misdemeanor avoids prison, restores firearm rights where eligible, and prevents collateral immigration consequences.
  • Diversion programs. Mental-health diversion (PC §1001.36), military diversion (PC §1001.80), and primary-caregiver diversion (PC §1001.83) end qualifying cases with dismissal.
  • Romero motions. Striking prior strikes under People v. Superior Court (Romero) in the interest of justice avoids 25-to-life exposure.
  • Mitigation at sentencing. California Rule of Court 4.423 mitigating factors — minor role, lack of harm, mental health, addiction, abuse history, age — all reduce sentences.
  • Expungement under PC §1203.4. After probation, most felony convictions can be dismissed and ‘set aside’ for most purposes.

What to do if you are arrested for felony charges in Berkeley

Most Berkeley arrests are made by the Berkeley Police Department (BPD). UC Berkeley Police handle arrests on campus and in university housing. Alameda County Sheriff and CHP also make arrests. Take these steps:

  1. Invoke your right to counsel out loud. Under Miranda v. Arizona, you must clearly say you want a lawyer. Then stop talking. Anything you say — even something you think is exculpatory — can be used against you at trial.
  2. Do not consent to a search. Officers need a warrant, probable cause, or your consent to search. Refuse politely — refusal is not an admission.
  3. Call Morris Law at (510) 350-3225. We answer 24 hours a day. If you are in custody, have family call on your behalf.
  4. Preserve evidence. Photograph any injuries, torn clothing, or property damage. Note the arresting officers’ names, badge numbers, times, and witnesses.
  5. Stay off social media and jail phones. Both are recorded and admissible. Prosecutors and probation officers routinely review both.
  6. Write down your account for your attorney. Record what happened while events are fresh. Share only with counsel — that communication is privileged.

Why Berkeley residents choose Morris Law for felony charges defense

Morris Law was founded by Seth Morris, a former Alameda County Deputy Public Defender. Here is what we bring to every felony charges case:

  • Seth Morris was a Deputy Public Defender in Alameda County. He defended clients at the Wiley W. Manuel and René C. Davidson courthouses regularly — the same courthouses where every Berkeley case is heard. He knows the assigned judges, deputy district attorneys, and informal practices.
  • More than 25 jury trials, including life-in-prison exposure cases. When a case has to be tried, we know how to try it — from jury selection through closing argument.
  • Federal recognition on police body cameras and 4th Amendment litigation. Seth Morris helped develop the national Body Camera Toolkit through President Obama’s Task Force on 21st Century Policing. He has guest-lectured on the 4th Amendment at UC Berkeley for three years running.
  • Published in the Washington Post, Vanity Fair, and Salon. Interviewed on MSNBC’s The Last Word with Lawrence O’Donnell, NBC Bay Area, KQED, and KALW.
  • Berkeley office. Our office at 2025 Rose St #200 serves Berkeley, Albany, El Cerrito, Kensington, and Emeryville. Fast in-person meetings and rapid response to arrests.
  • 24/7 phone access. Arrests do not follow business hours. Someone answers at (510) 350-3225 around the clock.
  • Clear, plain-language updates. You will know what is happening at each stage without jargon.

Seth Morris is a member of the National Association of Criminal Defense Lawyers, California Attorneys for Criminal Justice, and the Alameda County Bar Association.

How felony charges cases move through Alameda County

Understanding the process helps clients make better decisions. Here is how a typical case moves through the Alameda County system:

Stage Where Timing
Arrest Berkeley — often by BPD Day 0
Booking Glenn E. Dyer or Santa Rita Jail Day 0–1
Arraignment Wiley W. Manuel or René C. Davidson Within 48 hours in custody
Preliminary hearing (felony) René C. Davidson Courthouse Within 10 court days in custody
Trial Wiley W. Manuel or René C. Davidson Within 60 days if not waived
Sentencing Same courthouse as trial Set by the court

Felony Charges defense in Berkeley — Frequently Asked Questions

What is the difference between a felony and a misdemeanor in California?

A misdemeanor carries up to 1 year in county jail and a maximum $1,000 fine. A felony carries more than 1 year — either in state prison or, for many non-serious/non-violent felonies, in county jail under PC §1170(h) Realignment. Felonies trigger loss of firearm rights, voting restrictions while incarcerated, professional license issues, and immigration consequences.

What is a wobbler in California criminal law?

A wobbler is an offense that can be charged or sentenced as either a felony or misdemeanor. Examples include assault with a deadly weapon (PC §245(a)(1)), grand theft (PC §487), and many drug-sale charges. A felony wobbler can be reduced to a misdemeanor under PC §17(b) at preliminary hearing, sentencing, or after successful probation.

Where do Berkeley felony cases go to court?

Felonies are heard at the René C. Davidson Courthouse (1225 Fallon St, Oakland). Arraignments, preliminary hearings, jury trials, and sentencing all take place there. Berkeley Police Department and CHP make most of the arrests. Our attorneys appear at Davidson every week.

Can a felony be expunged in California?

Most felonies that resulted in probation (no prison time) are eligible for dismissal under PC §1203.4. Felony wobblers can first be reduced under PC §17(b) and then dismissed under PC §1203.4. Strike priors generally cannot be sealed, but reduction and dismissal often restore most rights.

What is California’s Three Strikes Law?

Under PC §667(b)–(i) and §1170.12, a defendant convicted of any felony with one prior ‘strike’ (a serious or violent felony) faces a doubled sentence. A second strike requires the new offense be serious/violent and triggers 25 to life. Proposition 36 (2012) softened third-strike sentencing. Courts have Romero discretion to strike prior strikes.

Is probation possible for a Berkeley felony?

Yes for most non-violent and non-serious felonies, particularly wobblers and PC §1170(h) realignment felonies. Probation can include county jail (up to 1 year), community service, restitution, drug or DV programs, and electronic monitoring. Some felonies have presumptive ineligibility for probation, but waivers and unusual-case findings are possible.

What is a Romero motion?

A Romero motion (from People v. Superior Court (Romero)) asks the court to strike a prior strike conviction ‘in the interest of justice’ under PC §1385. Judges have broad discretion. Successful Romero motions avoid the doubled sentence or 25-to-life exposure that a strike conviction would otherwise trigger.

How does PC 1170(h) county jail sentencing work?

PC §1170(h) Realignment (2011) sends non-serious, non-violent, non-sex felonies to county jail instead of state prison. Sentences can be split (part in custody, part on mandatory supervision) or straight time. Alameda County has a robust mandatory supervision system that keeps clients close to home and family.

Will a Berkeley felony affect my immigration status?

Almost always. Aggravated felonies (as defined by 8 U.S.C. §1101(a)(43)) trigger mandatory deportation. Crimes involving moral turpitude and controlled-substance offenses trigger removability. We coordinate criminal defense with immigration counsel from intake to avoid plea outcomes that create deportation exposure under Padilla v. Kentucky.

How long do felony cases take in Alameda County?

Simple felony cases resolve in 6 to 12 months. Complex cases with multiple counts, forensic testing, or expert litigation can take 18 to 36 months. Speedy-trial rights under PC §1382 require trial within 60 days if in custody, 60 days if out of custody — but time is often waived strategically to prepare a full defense.

Get a free felony charges case review

Talk to a Berkeley criminal defense lawyer today. Call (510) 350-3225 or fill out our online form. Free case review. 24-hour phone. Berkeley office at 2025 Rose St #200.

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