Morris Law is an Oakland criminal defense law firm. Call (510) 824-8831 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). Our office at 2744 E 11th St, Oakland is in East Oakland, about 2 miles from the Alameda County courthouses in Downtown Oakland — where every Oakland case is heard. Seth Morris spent years in those courthouses as a Deputy Public Defender.

What is felony charges under California law?

Oakland 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 (PC §17). Felonies are organized into determinate sentences (specific years) and indeterminate sentences (life with or without parole). Many are ‘wobblers’ — chargeable as felony or misdemeanor, and reducible to misdemeanor under PC §17(b). PC §1203.4 provides expungement after successful probation.

Penalties for felony charges in California

Penalties vary sharply by specific statute, degree, and prior record. Here are the primary ranges we see in Oakland and Alameda County cases:

  • Determinate felonies: triad sentencing — low, middle, upper term (e.g., 16 months / 2 / 3 years, or 3/6/9)
  • Indeterminate life sentences: 15 to life, 25 to life, LWOP
  • Strike offenses (PC §1192.7, §667.5): first strike doubles future sentences; third strike = 25-to-life
  • Wobbler felonies (PC §17): reducible to misdemeanor at preliminary hearing (§17(b)(5)), sentencing (§17(b)(3)), or post-probation
  • Realignment felonies (PC §1170(h)): non-serious/non-violent serve time in county jail rather than state prison
  • PC §1203.4 expungement: most felonies dismissible after successful probation

Collateral consequences — professional licensing, immigration status, firearm rights, and future employment — often exceed the direct sentence.

How Morris Law defends felony charges cases in Oakland

Every case is different, but the defense strategies below produce the most dismissals, reductions, and acquittals:

  • Pre-filing intervention — mitigation packets submitted before DA files can lead to non-filings or reduced charges.
  • PC §995 motion to dismiss — after preliminary hearing, dismiss for insufficient evidence.
  • PC §1538.5 suppression — Fourth Amendment violations lead to evidence exclusion.
  • Wobbler reduction (PC §17(b)) — reduces to misdemeanor, avoids prison, restores firearm rights where eligible.
  • Diversion programs — mental-health (PC §1001.36), military (PC §1001.80), primary-caregiver (PC §1001.83).
  • Romero motions — strike prior strikes under People v. Superior Court (Romero).
  • Mitigation at sentencing — California Rule of Court 4.423 factors — minor role, lack of harm, mental health, addiction, abuse history, age.
  • Expungement under PC §1203.4 — most felonies dismissible after successful probation.

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

Most Oakland arrests are made by the Oakland Police Department (OPD). BART Police handle transit arrests. CHP handles freeway enforcement. Alameda County Sheriff handles unincorporated areas. Take these steps:

  1. Invoke your right to counsel. Under Miranda v. Arizona, you must clearly say you want a lawyer, then stop talking.
  2. Do not consent to a search. Officers need a warrant, probable cause, or your consent. Refuse politely.
  3. Call Morris Law at (510) 824-8831. We answer 24 hours a day.
  4. Preserve evidence. Photograph injuries or damage. Note officers’ names, badge numbers, and witnesses.
  5. Stay off social media and jail phones. Both are recorded and admissible.
  6. Write down your account for your attorney. Record events while fresh.

Why Oakland residents choose Morris Law for felony charges defense

Morris Law was founded by Seth Morris, a former Alameda County Deputy Public Defender. What we bring to every 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.
  • More than 25 jury trials, including life-in-prison exposure cases.
  • Federal recognition on police body cameras and 4th Amendment. President Obama’s Task Force on 21st Century Policing contributor.
  • Published in the Washington Post, Vanity Fair, and Salon. Interviewed on MSNBC, NBC Bay Area, KQED, KALW.
  • Oakland office at 2744 E 11th St — East Oakland, about 2 miles from the courthouses.
  • 24/7 phone access at (510) 824-8831.
  • Clear, plain-language updates.

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

Stage Where Timing
Arrest Oakland — often by OPD 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

Felony Charges defense in Oakland — Frequently Asked Questions

What is the difference between a felony and 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 — state prison or, for non-serious/non-violent felonies, county jail under PC §1170(h) Realignment.

What is a wobbler in California criminal law?

A wobbler is an offense chargeable as felony or misdemeanor. Examples: assault with a deadly weapon (PC §245(a)(1)), grand theft (PC §487), many drug-sale charges. Reducible to misdemeanor under PC §17(b) at preliminary hearing, sentencing, or post-probation.

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. Prop 36 (2012) softened third-strike sentencing. Courts have Romero discretion to strike priors.

Where do Oakland criminal cases go to court?

Oakland cases go to Alameda County Superior Court. Misdemeanors and traffic go to the Wiley W. Manuel Courthouse (661 Washington St). Felonies go to the René C. Davidson Courthouse (1225 Fallon St). Our attorneys appear at both regularly.

Who is Seth Morris?

Seth Morris founded Morris Law in 2021. He earned his JD at UC Berkeley School of Law in 2006, served as a Deputy Public Defender in Alameda County, and has tried more than 25 jury trials — including cases with life-in-prison exposure. He helped develop the national Body Camera Toolkit for President Obama’s Task Force on 21st Century Policing.

How quickly can I meet with an Oakland criminal defense lawyer?

Same day, in most cases. Attorneys are reachable 24 hours a day at (510) 824-8831. If a family member has been booked at Glenn E. Dyer Detention Facility or Santa Rita Jail, we can arrange contact within hours.

Get a free felony charges case review

Talk to an Oakland criminal defense lawyer today. Call (510) 824-8831 or fill out our online form. Free case review. 24-hour phone. Oakland office at 2744 E 11th St.

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