If you are facing felony charges, you may want to know how much jail time for a felony charge in Orange County is typical. When understanding felony sentencing or preparing to defend against charges in court, learning about California’s felony laws and the factors that influence term length can be important.

Felony Charges in Orange County

Felonies are serious criminal charges. Convictions have sentences of at least one year, which can be served alongside additional penalties. An Orange County felony attorney, like the one at The Law Offices of Jacqueline Goodman, can explain your felony charges and the potential penalties you may face.

Felony charges can include a wide range of offenses. Some types of felonies are:

• Violent crimes: Including aggravated assault, robbery, or murder, these crimes involve violent force or the threat of violence toward another person.
• White-collar crimes: Non-violent, financially motivated crimes such as fraud, embezzlement, or money laundering are white-collar felonies.
• Property crimes:  Felony property crimes cover offenses such as burglary, auto theft, grand larceny, or arson.
• Drug crimes: Drug crimes involve illegally possessing, manufacturing, or distributing controlled substances.

Types of Sentences You May Face

Most felony sentences can be classified into three categories:

• Determinate sentences: Determinate sentences have a set term length, meaning you typically have a fixed release date. This is the most common type of sentence for most felonies in California.
• Indeterminate sentences: Indeterminate sentences have a minimum term length but no fixed release date, such as a sentence of 25 years to life in prison. The release date is decided based on your behavior and the danger to your community.
• Death or life in prison without the possibility of parole: A death sentence or life in prison without the possibility of parole is given in some of the most violent and severe felony cases. These sentences do not have a release date.

How Are Sentences Determined for a Felony Charge?

Most felonies follow a three-tiered sentencing system, also called sentencing triads, with a lower, middle, and upper term. 71% of offenses defined in California’s felony law follow the default terms: sixteen months, two years, and three years for the lower, middle, and upper terms, respectively. A judge can decide which sentence is most appropriate by evaluating the circumstances and details of the offense.

Aggravating factors are those that can increase the severity of an offense. Cases with one or more aggravated factors will likely have a harsher sentence, such as an upper term sentence. Common examples of these factors include:

• Prior criminal convictions
• Serious bodily injury or death
• The use of a deadly weapon, such as a firearm, during the crime
• If a minor was involved

Mitigating factors can also be considered when determining a felony sentence. The presence of mitigating factors in a felony case may lead a judge to impose a lesser sentence, such as a lower term. Mitigating factors could include:

• The victim instigating the use of violent force
• The belief that you owned any property taken
• Only having a minor role in the offense

Enhancements are one of the variations from the typical sentencing terms based on specific aggravating factors. Enhancements lengthen the sentence and can include:

• If the offense was affiliated with or orchestrated by a gang
• Hate crimes
• Great bodily injury

Why Hire a Felony Lawyer?

Felony cases can be frightening and overwhelming without skilled legal counsel. A lawyer can guide you through each step of your felony charges, from when you are arrested to your sentencing. Their knowledge of your rights and California’s felony laws can be used to protect you during an investigation. During your criminal defense trial, a lawyer is a relentless advocate on your behalf, which can ease your stress and give you confidence throughout this process.

By analyzing your case, a lawyer can identify strategies to achieve lower charges or penalties. Lawyers can use a variety of techniques to achieve lighter sentences, such as:

• Negotiating for a plea deal
• Emphasizing mitigating factors
• Challenging illegally obtained or faulty evidence
• Identifying police misconduct or procedural errors

Their aggressive defense is invaluable when facing felony charges.

FAQs

What Is Sentence Realignment?

Sentence realignment describes changing the location where a felony sentence is served. Often, this involves the shift from a California state prison to a county jail, such as the Theo Lacy Facility or the Central Men’s and Women’s Jail. 63% of felony cases are realigned in California, which can reduce overcrowding in prisons and may implement more local control.

What Is the Three Strike Law in California?

The Three Strike Law is a system of assigning more severe penalties to repeat offenders. A violent felony, such as rape, murder, or robbery, is one strike against you. As you accumulate strikes, prison sentences can become longer. On the third strike, the penalties increase dramatically, and they could lead to 25 years to life in prison.

What Is Felony Probation?

Felony probation is a court-ordered alternative to a prison sentence. Probation involves regular meetings and supervision by a probation officer. It often has strict rules that may include obeying all laws, drug or alcohol testing, attending counseling, or community service. Felony probation is not available in all cases and can result in additional penalties if the terms are violated. Nevertheless, probation offers more freedoms and may assist in reintegrating into the community.

Other Than Prison, What Are the Consequences for a Felony in California?

While prison sentences can be one of the most significant penalties, there are other consequences. A felony conviction can lead to hefty fines, limitations on probation or parole, and a permanent criminal record. Beyond social stigma, a criminal record can cause you to lose professional licenses, have difficulty finding housing, and limit your employment opportunities. If you hire a felony lawyer, they can prevent these negative penalties.

Learn How The Law Offices of Jacqueline Goodman Can Help

If you have felony charges against you, The Law Offices of Jacqueline Goodman can pursue decreased penalties, dismissed charges, and lowered sentences. Jacqueline Goodman is a Certified Criminal Law Specialist with over 20 years of experience. We can provide an aggressive defense for individuals facing felony charges. Contact us for a consultation, and learn how we can resolve your felony case.