What is Felony Defense in California?
A felony in California is any offense punishable by death, imprisonment in state prison, or imprisonment in county jail for more than one year. Felonies are organized into determinate (specific years like 2, 4, or 6) and indeterminate (life with or without parole) sentences. 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).
Morris Law PC, A Criminal Defense Firm, represents clients facing these charges across Alameda County and the greater Bay Area. With offices in Oakland and Berkeley, our team brings courtroom-tested defense to every stage of the case — from arrest and arraignment through trial, sentencing, and post-conviction relief.
Charges & Penalties Under California Law
- Determinate Felonies. Triad sentencing — low, middle, or upper term (e.g., 16 months / 2 / 3 years, or 2/3/4, 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 (or 25-to-life for any serious/violent felony post-Prop 36 reform).
- Felony Wobblers (PC §17). Can be charged as either felony or misdemeanor; reducible to misdemeanor at preliminary hearing (motion under §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 under §1203.4 after successful probation completion; some prison felonies eligible under §1203.42 / §1203.41.
Defenses Our California Lawyers Use
- 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. CALCRIM 4.30 / Rule 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 — restoring employment access and many civil rights.
Where We Defend These Cases
Morris Law PC operates from two East Bay locations. Each office leads the firm-wide defense effort for clients in its surrounding communities — and our team works as a single firm regardless of which office you walk into first.
Oakland Office — Lead Office for Alameda County
1300 Clay St, Suite 600
Oakland, CA 94612
Phone: (510) 824-8831
The Oakland office is one block from the Wiley W. Manuel Courthouse (661 Washington Street) and a short walk from the René C. Davidson Courthouse (1225 Fallon Street), where most Alameda County felony cases are heard. See Oakland felony defense services →
Berkeley Office
2001 Addison St, Suite 300
Berkeley, CA 94704
Phone: (510) 350-3225
Berkeley-area clients facing these charges are represented out of our Oakland office; the Berkeley team coordinates intake and meetings as needed. Berkeley office →
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 also trigger collateral consequences misdemeanors do not: 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 — restoring most rights.
Can a felony be expunged in California?
Most felonies that resulted in probation (no prison time) are eligible for dismissal under PC §1203.4. The ‘dismissal’ is technically a ‘set-aside’ — it eliminates the conviction for most purposes including private-employer background checks. Strike priors generally cannot be ‘sealed,’ but felony wobblers can first be reduced under §17(b) and then dismissed under §1203.4.
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 a serious/violent felony and triggers 25-to-life. Proposition 36 (2012) softened third-strike sentencing so that the third offense must itself be serious/violent. Courts have Romero discretion to strike prior strikes.
Is probation possible for a California 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 (PC §1203(e)), but waivers and unusual-case findings are possible.
Speak With a California Defense Lawyer Today
Every case is different — and every hour you wait can narrow your options. Call (510) 330-0814 for a free, confidential consultation with a Morris Law PC defense lawyer. Available 24/7, including evenings and weekends.