Question: What Happens When You Are Convicted Of A Felony?

Is jail time mandatory for a felony?

Felonies That Must Be Punished With Prison or Jail Time The answer depends upon the offense you are convicted of.

Some felony crimes carry mandatory prison time.

Your conviction is for a serious felony or you were previously convicted of a serious felony listed under PC 1192.7(c).

What can’t you do with a felony?

The federal law states that any person convicted of a felony, that is punishable by at least 12 months in prison, is prohibited from purchasing or owning a firearm. … At the time of conviction, the felon must transfer all firearms to someone who is permitted to possess them or turn them over to local law enforcement.

Can a first time felony be dismissed?

If you successfully complete the program, your charges may be dismissed, and you may avoid a felony conviction. As a first-time offender, you could have your charges withdrawn, dismissed, or reduced, but your record will still state a criminal arrest unless you can have it expunged.

How long does a felony last?

Is There a 7 Year Felony Rule? Felonies will stay on your record permanently. They are the most serious of offenses, and they are not handed out lightly. Your criminal record will be cleared only by having your record of charges sealed or expunged.

What happens if I am convicted of a felony?

A felony carries more severe potential penalties, including a prison or county jail sentence. In addition, you may have to pay restitution to the victim of the crime. You could also lose certain rights once you are released from prison if you are convicted of a felony.

Can a felon get their rights back?

If you are a convicted felon and were sentenced to state prison, your gun rights will be restored only by a full pardon by the Governor (and for a handful of offenses, even a full pardon will not restore gun rights.)

Can you bond out on a felony charge?

If you or a loved one has been arrested for a felony charge, then you’ll need to call a bail bond agent for a felony bond. … A felony bond is a bail bond that can be used to get those arrested for felony crimes released from jail.

What felonies can be reduced to misdemeanors?

Penal Code 288 PC lewd acts with a minor [wobbler that can be reduced from felony to misdemeanor]. Most California fraud charges, including forgery, embezzlement, and elder abuse are wobblers that can be reduced from felonies to misdemeanors.

What are the 7 felonies?

Different Types of FeloniesAssault. Assault can be a misdemeanor or a felony depending on the situation. … Rape and Sexual Assault. In Oregon, there are numerous sexual assault and rape laws. … Promoting Prostitution. … Kidnapping. … Theft. … Arson. … Drug Crimes.

What is the jail time for felony assault?

Penalties for Felony Assault and Battery Felony assault and battery usually are felonies punishable by approximately one to twenty-five years in prison, depending on the specific provisions of each state’s sentencing statute or sentencing guidelines.

How can I get my felony charges dropped?

If you have been charged with a felony, you may be able to get it reduced to a misdemeanor through plea bargaining. If you have already been convicted of a felony, you can get it reduced to a misdemeanor in certain situations by petitioning the court to modify the charge on your record.

What rights do you lose as a felon?

The rights of felons vary slightly from state to state; however, the most common are as follows:Possessing and purchasing a firearm.Voting.Jury duty.Traveling outside the country.Employment in certain professions.Parental rights.Public assistance and housing.

Is being charged with a felony the same as being convicted?

Being charged with a crime merely means that the government has formally accused a person of a crime. A person charged with a crime is, by law, Innocent. Being convicted of a crime means that the person has plead guilty or has been found guilty after trial. A person convicted of a crime is, by law, Guilty.

Are judges more lenient on first time offenders?

First time offenders generally get the most lenient and fairest treatment in the criminal justice system. Depending on the severity, judges are far likelier to impose lenient sentences on first time offenders out of sympathy for a person who has made an error in judgement.

What is a first time felony waiver?

When you are facing a felony charge for the first time, there are alternatives to a prison sentence if you are facing a felony conviction. A First Time Felony Waiver gives a judge the option of imposing a lighter sentence than it otherwise might have to by law.

How serious is a felony charge?

In California, a felony is a crime that carries a maximum sentence of more than one year in jail or prison. The most serious California felonies can even be punished by death. People convicted of a felony in California may also be fined up to $10,000 in addition to — or instead of — imprisonment.

How do you avoid jail time for a felony?

15 Key Steps to Avoid Prison on Felony ChargesRemain Silent, it’s your Right, use it! … Remain Calm; and Silent. … Hire Experienced Criminal Defense Counsel Immediately. … Do Not Discuss Your Case. … Understand your Charges. … First, Defense Attorney; Second, Bondsman. … Don’t lie to your Attorney. … Do not speak to your family or friends about your case.More items…•