DEFINITION OF CRIMINAL CHARGES AND TERMS

This glossary of criminal charges and terms will help you understand what you and your defense attorney are facing. By understanding more, you can do all that you can to make sure that your rights are protected.

Felony Offenses:

A felony offense is a crime punishable by one year or more in the state prison. All felonies begin in the Municipal Court with a Preliminary Hearing to determine whether there is sufficient evidence, or probable cause to support the charges. Once the Municipal Court Judge determines probable cause, a felony then proceeds to the Superior Court for trial.

Misdemeanor Offense:

A misdemeanor offense is punishable by up to one year in the county jail. Misdemeanors are only dealt with in the Municipal Court. After successful completion of a probationary period, a misdemeanor can be expunged from your record.

Wobbler Offenses:

A Wobbler Offense is comprised of certain crimes that can be charged either as a felony or a misdemeanor. It is important to note that even if a Wobbler begins as a felony, it can be reduced to a misdemeanor at the sentencing hearing or after the completion of probation.

Third Strike Cases:

Under California law, if you have two prior convictions that are serious felony offenses, you could be facing the possibility of 25 years-to-life in prison upon conviction of any third felony offense. What's more, the third felony does not need to be a serious felony to qualify as the third strike. Further, a prior juvenile conviction can be used as one or more of the strikes against you.

One Strike Offenses:

Most people are familiar with the California Third Strike Law. Now, under recent changes in the Law, certain offenses can be punished by life in prison even though you have no prior convictions. Many sex crimes and crimes involving the use of firearms, are now punishable by life in prison on the first offense.

Federal Crimes:

Federal Crimes are prosecuted in the United States District Court and are subject to federal law, as opposed to state law. Federal cases are often much more complex and require more time to prepare than does a state criminal case.

Sentencing in Federal Court is determined by the Federal Sentencing Guidelines. Federal judges have much less discretion in determining an appropriate sentence because of the sentencing guidelines. Each criminal offense is given a specific point value and based on the final point totals of the offense and other factors such as criminal history, a sentencing range is determined. In Federal Court, there is much less ability to plea-bargain and Federal Judges virtually never get involved.

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CHAIN, YOUNGER, COHN & STILES
1430 Truxtun Avenue
Bakersfield, CA 93301-5220
Tel: 661-323-4000