Question: What Happens When You Get Charged With A Felony?

What happens if you are found guilty 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..

Do first time felony offenders go to jail?

Many people contact us to ask what the likely punishment will be for first-time felony charges. This question has a complicated answer, which we will look into more closely below. Although it is true that a first-time offender is likely to receive a lenient sentence, you could still end up in jail.

How serious is a felony charge?

A felony is the most serious type of crime. … Typically, though a sentence of more than one year that will be served in a state or federal prison will be considered a felony. As with misdemeanors, Federal law breaks down classifications for felonies using sentencing guidelines by the amount of prison time.

How long is a felony charge on your record?

Felonies aren’t doled out lightly. When someone is convicted of a felony, the crime is deemed serious enough (and the trial thorough enough) that all felonies stay on your record permanently. This means landlords, employers, banks, and law enforcement can see any felony you’ve ever been convicted of.

What can you not do with a felony?

What Rights Do Convicted Felons Lose?Voting.Traveling abroad.The right to bear arms or own guns.Jury service.Employment in certain fields.Public social benefits and housing.Parental benefits.

Can a felony charge be dismissed?

A felony case can be dismissed by motion of the prosecutor, the defendant’s attorney or the court . … Other ways for a defendant to get a felony charge dismissed is to go through trial and obtain a “not guilty” verdict or to attend a pretrial diversionary program.

Is jail time mandatory for a felony?

California Felony Sentences California law authorizes the court to impose a sentence for a felony conviction. The fact that a sentence is authorized does not necessarily mean that a sentence will be imposed. Unless the law requires a sentence to jail or prison, a judge might instead place the defendant on probation.

Can you get probation for felony assault?

Probation is possible for misdemeanor assaults and for some felony assaults depending on whether it is charged with the dangerous offense, in which case it is charged with the dangerous offense of the felony and aggravated assault.

Do judges go easy on first time offenders?

One of the more important factor judges consider when sentencing is the defendants’ prior criminal histories. If you have a squeaky clean record and this was a first-time offense, the judge is much more likely to go easy on you. … California sentencing guidelines typically override other factors.

How long is a year in jail time?

One year in jail equals 12 months. However, every jail calculates something they call “good-time credits” which usually ends up shaving a certain number of days off per month served. This varies from one county jail to the next.

What is the court process for a felony?

Arraignment (again) When you are being charged with a felony, you will have to undergo a preliminary hearing. If the judge determines at that time that there is sufficient evidence and probable cause to hold you for trial, you will be required to go to a second arraignment for your charges.

What does it mean to be charged with a felony?

In the United States, where the felony/misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by exactly one year or less, it is classified as a misdemeanor.

What is the minimum sentence for a felony?

In general, felony offenses, whether state or federal, carry a minimum sentence of one year in prison. Federal felony crimes are divided into classes, with increasing maximum sentences based on the severity of the crime: Class “E” felonies are the least serious and carry penalties of up to three years in prison.

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…•