Hi, Stefano Molea here, San Diego criminal defense lawyer and partner at the Law Office of David P. Shapiro, where we help good people regain control of their future when charged with a crime.
A common question I get is, "What happens when charged with a felony?" First, let me define felony. A felony is any crime where the potential time behind bars is more than one year. A felony conviction can have a number of consequences outside of just jail time, prison time, or, you know, the usual fines and fees. It can mean that you're no longer eligible for certain federal programs. You cannot own or possess a firearm. You have to give up your DNA for entry into a database and are followed by the conviction when trying to get a job.
There is a huge range of charges that are felonies, all the way from DUI or insurance fraud, to robbery, kidnapping, or murder. Some felonies are strike felonies, others aren't. Some felonies can be reduced to misdemeanors. Others cannot.
Here's a strange benefit of being charged with felony over a misdemeanor in some cases, With a misdemeanor, you get arraigned, you have a readiness conference, and then the case can go to trial. With a felony, you get arraigned, have a readiness conference, and then can take the case to a preliminary hearing. That gives you a chance to stress test the prosecution's case, and have the opportunity to get the case dismissed or reduced. You don't get that with a misdemeanor.
Check out my other videos on this channel, where I explain what happens at a readiness and a preliminary hearing. The stakes are high when charged with a felony, so having the right firm to represent you is critical. As they say, there is nothing more expensive than a bad lawyer. That's especially true when charged with a felony. If you have any questions, give me a call, Stefano Molea, San Diego felony lawyer (619) 295-3555.