What Makes a Charge a Felony in California?
California criminal charges are generally classified as infractions, misdemeanors, or felonies. The classification affects the potential penalties, the court process, and the bail amount.
Misdemeanor
Generally punishable by up to one year in county jail. Examples include simple assault (PC §240), simple battery (PC §242), and first-offense DUI without injury.
Felony
Generally punishable by more than one year, served in county jail under realignment or in state prison. Felony bail amounts are typically higher than misdemeanor amounts.
Wobbler
A wobbler may be charged as either a felony or a misdemeanor depending on the specific allegations and the prosecutor's decision. Examples include PC §245 and PC §273.5.
An arrest or accusation is not a conviction. The actual charge, bail decision, and outcome depend on the facts and court orders.
How Felony Arrests Can Occur
The following are illustrative examples of how a person may come to be arrested on a felony allegation. Each situation depends on the specific facts and applicable law.
Investigation followed by an arrest warrant
Law enforcement may investigate an alleged offense over time and then seek an arrest warrant from a judge based on probable cause. The person may be arrested at home, at work, or during a traffic stop.
Arrest at the scene of an alleged offense
Officers responding to a call may arrest a person at the scene if they have probable cause to believe a felony was committed.
A traffic stop uncovering an alleged felony or warrant
A routine traffic stop may reveal an outstanding warrant or lead to the discovery of evidence that results in a felony arrest.
Misdemeanor allegations escalated to a felony
An allegation that might otherwise be a misdemeanor may be filed as a felony because of alleged injury, weapon use, prior convictions, or other facts. Wobblers are a common example.
A defendant being remanded at court
A judge may order a defendant taken into custody at a court hearing — for example, after revoking bail, finding a violation, or upon conviction.
Examples of California Felony Charges and Possible Penalties
The table below lists selected California felony charges and possible statutory penalties. Enhancements, prior convictions, injury allegations, weapons, plea agreements, and other laws may change the potential range. An arrest or accusation is not a conviction.
| Code | Charge | Possible Statutory Penalties |
|---|---|---|
| PC §245 | Assault with a deadly weapon | Depending on the subsection, possible county jail or state-prison terms, including 2, 3, or 4 years. |
| PC §273.5 | Corporal injury — intimate partner | Up to 1 year in county jail or 2, 3, or 4 years in state prison. |
| PC §461 | First-degree burglary | 2, 4, or 6 years in state prison. |
| PC §213 | Second-degree robbery | 2, 3, or 5 years in state prison. |
| PC §273a(a) | Child endangerment — GBI or death likely | Up to 1 year in county jail or 2, 4, or 6 years in state prison. |
| VC §23153 | Felony DUI with injury DUI Bail Bonds | Wobbler. Possible 16 months, 2, or 3 years. Enhancements may apply for each injured person. |
| PC §422 | Criminal threats | Wobbler. Possible 16 months, 2, or 3 years in state prison if charged as a felony. |
| PC §459 | Burglary (second degree) | 16 months, 2, or 3 years in county jail under realignment. |
Enhancements, prior convictions, injury allegations, weapons, plea agreements, and other laws may change the potential range. The actual charge, bail decision, and outcome depend on the facts and court orders. Consult a qualified California attorney for legal advice.
What Happens After a Felony Arrest?
Arrest and Booking
After a felony arrest, the person is transported to a jail or detention facility for booking — identification, fingerprinting, warrant checks, and processing. The person is held in custody pending bail or a court appearance.
Bail Is Set
Bail is initially set according to the county bail schedule for the specific charge. For felony charges, bail amounts are typically higher than for misdemeanors. Some charges may result in a no-bail hold.
Arraignment
At arraignment, the defendant is formally advised of the charges and enters a plea. A judge reviews bail and may modify the amount, add conditions, or deny bail based on the specific allegations and circumstances.
Bail Review and Release Conditions
If bail is granted, the defendant may be released subject to conditions — such as appearing at all court dates, not contacting certain persons, or surrendering a passport. Violating conditions may result in bail being revoked.
Preliminary Hearing
In felony cases, a preliminary hearing is typically held to determine whether there is sufficient evidence to require the defendant to stand trial. The defendant must remain in compliance with all bail conditions during this period.
Future Court Appearances
The defendant must appear at all scheduled court dates throughout the case. Failure to appear may result in a bench warrant, bail forfeiture, and additional charges.
Factors That May Affect Felony Bail
A judge may consider many factors when reviewing bail in a felony case. Post It Bail Bonds does not publish a universal bail amount because bail varies significantly by case.
Other Possible Consequences of a Felony Conviction
Beyond custody and fines, a felony conviction may carry additional consequences depending on the specific charge, the individual's circumstances, and applicable law. These consequences do not apply identically to every felony. An arrest or accusation is not a conviction.
Firearms rights
A felony conviction may prohibit a person from possessing or purchasing firearms under California and federal law.
Immigration consequences
A felony conviction may have immigration consequences, including potential deportation, inadmissibility, or denial of naturalization. Non-citizens should consult an immigration attorney.
Employment and professional licensing
A felony conviction may affect employment opportunities and eligibility for certain professional licenses in California.
Probation and restitution
A felony conviction may result in a period of formal probation and an order to pay restitution to victims.
California's Three Strikes Law
Certain felony convictions may count as a "strike" under California Penal Code §667. A person with prior strikes may face significantly enhanced penalties for a subsequent conviction.
Common Felony Charges We Assist With
This list is not exhaustive. Whether a bail bond can be posted depends on the specific charge, the bail amount set, and other circumstances. Contact Post It Bail Bonds to discuss your specific situation.
Higher Bail Amounts — Collateral May Be Required
Felony bail amounts are often significantly higher than misdemeanor amounts. For higher bail amounts, collateral may be required in addition to the premium. Collateral is property or assets pledged to secure the bond obligation and is generally returned after the bond is exonerated. All collateral requirements are explained in writing before any bond is posted.