Raymond Harris* As one of the most populous states in the United States, California is known for its diverse culture, beautiful beaches, and bustling cities.
However, just like any other state, California has a dark side that’s often overshadowed by its glamorous reputation. Criminal offenses are an unfortunate reality that affects many Californians each year. From petty theft to violent crimes and drug offenses, the state has seen it all.
A sex offence lawyer told us that in the 2021-2022 year, 180,000 women and more than 400,000 men committed physical and/or sexual acts of violence against an intimate partner in the past year.
The recent knife killing in San Francisco of Cash App founder Bob Lee drew national attention to the ongoing criminal activity in one of the country’s largest and most visited cities.
Violent crime in California has increased nearly 7 percent since 2021 according to crime statistics, while property crime in the state has increased by 3 percent for the same period.
California’s Criminal Justice System
California’s Criminal Justice System is a complex and intricate network of laws, courts, and law enforcement agencies. It is important to understand how the system works and what your rights are if you are ever accused of a crime.
The system is designed to protect the innocent and punish the guilty, but it is not perfect. Being able to understand how to negotiate and navigate the criminal justice system in California involves a high degree of experience for those facing more serious offences, but even for those who are facing less serious criminal offending charges, which can have long-lasting repercussions.
California has some of the toughest criminal laws in the country, and being convicted of a crime can have serious consequences.
But apart from serious offending, there are lesser crimes that are also highly prevalent in California.
The Difference Between Felony and Misdemeanor Offenses in California
In California, criminal offenses are classified as either felonies or misdemeanors. The main difference between the two is the severity of the crime and the potential punishment. Felonies are more serious crimes that can result in imprisonment for more than one year, while misdemeanors are less serious crimes that can result in imprisonment for up to one year.
The classification of a crime as a felony or misdemeanor depends on various factors, including the nature of the offense, the circumstances surrounding it, and the defendant’s criminal history. Some offenses, such as DUIs and domestic violence, can be charged as either a felony or misdemeanor depending on the specifics of the case.
It’s important to understand the difference between these two classifications because it can greatly impact your legal strategy and potential consequences. If you’re facing criminal charges in California, it’s crucial to consult with an experienced criminal defense attorney who can help you navigate the complexities of the state’s criminal justice system.
Different Categories of Felonies
When it comes to felony offenses in California, they are separated into two different categories: “wobbler” and “straight” felonies. Wobbler offenses can be charged as either a felony or misdemeanor, depending on the details of the case and the discretion of the prosecutor. Straight felonies, on the other hand, can only be charged as a felony offense.
It’s important to note that “strike” offenses are also considered under California law, where certain serious or violent crimes count towards a defendant’s “strike record”. Being convicted of a wobbler or straight felony offense in California can carry severe penalties such as imprisonment for several years and hefty fines.
Top Most Common Felony Offenses in California
Drug Crime
California is known for having some of the strictest criminal laws in the United States. According to recent data, drug-related offenses are among the top five most common felony charges in California. This includes possession, distribution, and trafficking of drugs such as marijuana, cocaine, and methamphetamine.
Drug crimes account for 25 percent of all misdemeanor offenses and 11 percent of all felony arrests. These numbers are still significantly lower than what they once were. California has made simple possession of many drugs a misdemeanor in 2014, which has permitted courts to permit ‘offenders’ to qualify for drug diversion programs. Marijuana was legalized in the state in 2016.
Violent Crime
Another significant category of felonies that land people in jail or prison is violent crimes, which include murder, sexual assault or rape, robbery with violence and aggravated assault.
These offenses can result in lengthy incarceration sentences ranging from several years to life imprisonment depending on the circumstances surrounding the crime.
Domestic Violence
Domestic violence is a serious misdemeanor offense in California and involves physical harm or threats of harm against an intimate partner. This can include spouses, ex-spouses, cohabitants, and dating partners.
In California, domestic violence is taken very seriously and can result in harsh penalties such as jail time, fines, and mandatory counseling. An experienced sex offense lawyer or any lawyer familiar with domestic violence offending laws can help navigate some of the intricacies of this area of Californian law.
It’s important to note that domestic violence is not limited to physical abuse but can also include emotional abuse, stalking, and harassment.
Serious Assault and Gun Crime
Assault and battery are too common crimes in California. Common or simple assault is a misdemeanor, while aggravated assault accounts for 37 percent of all crimes and 75 percent of all violent crimes.
Assault and battery charges account for 10 percent of all arrests. Some will also involve firearms. An experienced California theft crime lawyer explained some of the small nuances of the current theft legislation, including the various legal requirements about gun ownership and use.
Gun laws in California are remarkably complex. Crimes involving the possession of illegal firearms are considered misdemeanors, while the use of these firearms is usually a felony with appropriate criminal liability. Over 7 percent of all criminal arrests in California are for illegal possession of a firearm and it is certainly one area in this complex part of Californian law that warrants having an experienced attorney who can unravel the complexities of the gun laws in the state.
Theft & White Collar Crime
Other common felony offenses committed by Californians include property theft (burglary), white-collar crime like embezzlement or fraud using computer technology (cybercrime). It’s crucial to note that every case is unique; thus, each offense carries different degrees of penalties based on its severity and other factors such as prior convictions.
Drunk Driving (DUI)
One of the most common misdemeanor offenses in California is driving under the influence (DUI). DUI charges are typically filed when a driver has blood alcohol content (BAC) over .08% or when they are found to be impaired by drugs.
DUI is one of the most common misdemeanors in California and involves operating a vehicle while under the influence of drugs or alcohol. Around 17 percent of arrests in California are for DUI-related offences and there are a large number of specialist lawyers who represent these clients.
A first-time offense can result in fines up to $2,000, suspension of your driver’s license for up to six months, mandatory attendance at an alcohol education program, and even jail time.
Repeat offenses lead to increased fines and longer jail sentences. Not only do DUI convictions come with financial consequences such as increased insurance rates but could also have a long-lasting impact on your personal life including loss of employment opportunities, especially if you work in certain fields like transportation or public safety. It’s best to avoid drinking and driving completely and consider calling for a ride or utilizing other forms of transportation after drinking.
Petty Theft
Petty theft, also known as shoplifting, is one of the most common misdemeanor offenses in California. This offense involves taking property worth $950 or less without the owner’s consent. Shoplifting can occur in various commercial establishments such as retail stores, supermarkets, and even online shopping platforms. The penalties for petty theft include a fine of up to $1,000 and/or imprisonment for up to 6 months.
However, if you have previous convictions for similar offenses or aggravated circumstances present during your arrest (e.g., use of force), you may face harsher penalties such as longer jail time or felony charges.
Disorderly Conduct
Disorderly conduct is a common misdemeanor offense in California that can encompass a wide range of behaviors.
This offense is often used as a catch-all for any behavior that disturbs the peace or causes a disturbance in public. Examples of disorderly conduct include public intoxication, fighting, loud music, and using offensive language in public. However, what constitutes disorderly conduct can be subjective and open to interpretation by law enforcement officers.
The Long-term Implications of a Felony Conviction
A felony conviction in California can have long-lasting consequences on a person’s ability to secure employment and housing. Many employers and landlords conduct background checks, and a felony conviction can significantly limit opportunities. In some cases, individuals with felony convictions may be barred from certain professions or industries altogether.
Additionally, many housing providers have policies that exclude individuals with criminal records, making it difficult to find safe and affordable housing. It’s important to note that these consequences can vary depending on the specific offense and the individual’s circumstances.
A felony conviction in California can result in the loss of certain rights, including the right to vote, own a firearm, and serve on a jury.
The severity of these consequences depends on the type of conviction and how recent it is. Some convictions can be expunged or reduced to a misdemeanor, but this process can be complex and requires legal assistance. It’s important to know that being convicted of a felony doesn’t mean giving up these rights forever – with proper guidance from an experienced criminal defense attorney, you may be able to restore them over time.
How to Hire a Criminal Defense Attorney in California
When facing criminal charges in California, it’s crucial to hire a criminal defense attorney who is experienced in handling cases similar to your own.
Look for an attorney who has a proven track record of success and specializes in the type of offense you are facing. You can find reputable attorneys through referrals from friends or family, online directories, or by contacting your local bar association.
During your initial consultation with a potential attorney, ask about their experience and success rate with cases similar to yours. It’s also important to discuss their fees and payment plans upfront to avoid any surprises later on.
Remember that time is of the essence when it comes to hiring a criminal defense attorney. The sooner you have legal representation, the better your chances are of achieving a favorable outcome in your case. Don’t hesitate to reach out for help if you’re facing criminal charges in California.
Author:
Raymond Harris reports on local and state affairs with an emphasis on legal issues and criminal offending. He has previously written for numerous legal and media sites and may be contacted at: news@lawfuel.com or via his page on LinkedIn
