Felony Penalties in California

Unlike many states that utilize a rigid letter-grade system (such as Class A or Class B felonies), California applies a distinct sentencing structure for felony offenses. Most California felonies carry a customized triad of sentencing terms: a low, mid, and high term. For example, a specific felony statute might dictate a sentence of sixteen months (low term), two years (mid term), or three years (high term) in custody. The judge determines which term to apply based on mitigating or aggravating factors presented by the defense and the prosecution.

California’s Three Strikes Law

It is impossible to discuss California felony penalties without addressing the state’s stringent "Three Strikes" law (Penal Code Section 667). If you are charged with a serious or violent felony (such as robbery, residential burglary, or an offense involving a firearm), a conviction counts as a "strike."

• Second Strike: If you have one prior strike on your record and are convicted of any subsequent felony, the base prison sentence for that new crime is automatically doubled.
• Third Strike: If you accumulate two prior strikes and are convicted of a third serious or violent felony, you face a mandatory sentence of 25 years to life in state prison.

Navigating the Legal System in Kern County

If you are arrested on a felony charge within the city of Delano or surrounding northern Kern County communities, your legal proceedings will be routed directly through the regional court network. Initial appearances, bail arguments, and preliminary hearings are routinely held at the Delano Branch of the Kern County Superior Court, located at 1122 Jefferson Street.

Having a local Delano defense firm that regularly handles complex cases before local judges and district attorneys gives you a distinct tactical advantage. We understand how the Delano Police Department and the Kern County Sheriff's Office conduct investigations, look for flaws in their search warrants or interrogation methods, and build tailored arguments aimed at getting your felony charges reduced, dismissed, or won at a jury trial.

Frequently Asked Questions

What happens if I'm charged with a wobbler offense?

Wobbler offenses can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant's criminal history. An experienced attorney can advocate for the charge to be reduced or resolved as a misdemeanor when possible.

Can a felony charge be reduced to a misdemeanor?

In some cases, yes. Depending on the offense and the strength of the evidence, an attorney may be able to negotiate a reduction through a plea agreement or challenge the charge before trial.

What are sentencing enhancements?

Sentencing enhancements add additional time to a felony sentence based on specific factors, such as the use of a weapon, causing great bodily injury, or having certain prior convictions.

Will I lose my right to own a firearm if convicted of a felony?

Yes. A felony conviction in California generally results in a lifetime prohibition on owning or possessing a firearm.

Do I need an attorney for a felony preliminary hearing?

Yes. The preliminary hearing determines whether your case proceeds to trial, and having skilled legal representation at this stage can significantly affect the direction of your case.

Can felony charges be prosecuted at both the state and federal level?

Certain offenses, particularly drug trafficking and firearms charges, can be prosecuted federally, which often carries harsher mandatory minimum sentences than state charges.

Serving Delano and Kern County

Humphrey & Thompson represents clients facing felony charges throughout Delano, Bakersfield, McFarland, Wasco, and the greater Kern County region. Our attorneys understand the local courts, judges, and prosecutors, and we use that knowledge to build strategic, effective defenses tailored to each client's case.