The consequences of a felony conviction are severe and life-changing. In addition to spending time behind bars and paying hefty fines, the conviction remains on your record and can impact multiple aspects of your life. When you face charges for a felony offense in California, you must fight to secure the best possible outcome.

Although case dismissals are rare, they remain an optimal outcome in a criminal proceeding. Therefore, you could explore the alternatives, including plea bargaining. A plea bargain for your felony charges in California involves negotiating with the prosecutor for a lesser charge, more lenient penalties, or alternative sentencing.

Prosecutors often accept plea offers to resolve cases efficiently and conserve resources. Therefore, if you seek to resolve your case with a plea, you will require the guidance of a knowledgeable criminal defense attorney. The three key defense strategies for a felony plea bargain include:

Reduction of the Felony to a Misdemeanor

A common strategy for resolving a felony criminal charge is by negotiating a reduction of the felony to a misdemeanor. Under California law, wobbler convictions may be reduced to misdemeanors. California Penal Code 17(b) is the primary legal mechanism for reducing a felony to a misdemeanor. As a plea bargain, the reduction happens before sentencing.

The statute allows a court to reduce the felony to a misdemeanor when the defendant meets all the requirements. A reduction under 17(b) changes the status of the conviction from a felony to a misdemeanor for all purposes. A successful petition under CPC 17(b) offers defendants a chance for a fresh start and fewer long-term consequences.

Eligibility for Felony Reduction under § 17(b)

Penal Code 17(b) offers a pathway for qualifying offenders to reduce their felony convictions to misdemeanors. You must meet the following eligibility criteria to qualify for a felony reduction under this statute:

The Felony Must Be a Wobbler

Not all felonies are eligible for reduction under § 17(b). The statute applies only to "wobbler" offenses. A wobbler is an offense for which the prosecution can file felony or misdemeanor charges. Straight felonies can only attract felony charges and cannot qualify for the reduction, even if you fulfill other eligibility requirements. They include murder, torture, and sexual assault, among others.

Common examples of wobbler offenses include:

  • Penal Code § 245(a)(1) – Assault with a deadly weapon

  • Penal Code § 422 – Criminal threats

  • Penal Code § 273.5 – Corporal injury to a spouse

  • Penal Code § 496 – Receiving stolen property

You Must Have Received Probation

Another requirement to qualify for felony reduction is that the court must have granted you probation for your offense. If the court imposes a prison sentence in your case, you are ineligible for a reduction.

Plea Negotiations for Charge Reduction

In addition to seeking a reduction under PC 17(b), you can negotiate with the prosecution to reduce your felony charges to a misdemeanor before trial. The negotiations involve discussing the circumstances of your case, which include:

  • Your criminal history

  • The nature of your felony offense

  • The potential sentence for your offense

If defense and prosecution agree, they formalize the plea deal in writing for court approval. In this case, you will plead guilty to the misdemeanor version of your offense, and the court will sentence you accordingly.

Factors Influencing the Judge's Decision to Reduce Your Felony to a Misdemeanor

When you seek a reduction of your felony to a misdemeanor, you must negotiate with the prosecution. However, the ultimate decision to reduce the charge rests with a judge. The judge will consider the following factors when deciding whether to reduce a felony to a misdemeanor after a plea bargain:

  • Nature and circumstances of the offense. The judge will review the seriousness of the felony you committed. Felonies with less severe circumstances and those that do not involve violence are more likely to be reduced to misdemeanors.

  • Defendant’s criminal history. California law is strict on repeat offenders. Therefore, a judge will examine your criminal record before deciding on the reduction. The judge is more likely to reduce your felony to a misdemeanor if you are a first-time offender.

  • Rehabilitation efforts. When you have prior convictions, the judge examines your attempts to rehabilitate. Judges will favor defendants who express regret and accept liability for their actions.

  • Personal circumstances. The judge might consider personal factors such as your age, health, job status, and family situation before reducing your felony to a misdemeanor.

  • Prosecutor's recommendation. The prosecutor's position in the plea bargaining process significantly impacts the judge's decision. The judge might agree to the petition if the prosecutor supports it.

In California, PC 17(b) lets judges reduce some felonies to misdemeanors in some instances. Before agreeing to lower the charge, the judge will check if you qualify under this law.

Benefits of Reducing a Felony to a Misdemeanor

Reducing a felony to a misdemeanor can have several benefits. They include:

  • Avoid losing your rights. A significant consequence of a felony conviction is the loss of your civil rights. They include voting rights, serving on a jury, and vying for public office. However, if the court reduces your felony charge to a misdemeanor, you can retain your civil rights. Retaining your civil rights ensures that you participate fully in society.

  • Increase your employment opportunities. Criminal convictions in California are public record. Therefore, potential employers will find the felony conviction during a background check and can use it against you. A felony conviction is a significant deterrent for many employers. Employers perceive misdemeanor offenses as less severe, resulting in a lesser impact on your career.

  • Housing and licensing. A felony conviction can also disqualify you from housing options or professional licensing in some fields. Misdemeanor convictions attract fewer barriers in these areas. Therefore, reducing a felony to a misdemeanor can benefit your career and ability to find good housing.

  • Reduced immigration consequences. Felony convictions carry severe immigration consequences, including deportation and inadmissibility. Although certain misdemeanors can still affect an individual’s immigration status, reducing a felony to a misdemeanor can improve one's legal standing.

  • Speeds up your eligibility for expungement. Reducing a felony to a misdemeanor does not automatically expunge the conviction. However, it speeds up your eligibility. You can expunge a conviction under PC 1203.4 after completing your sentence. The sentence for a misdemeanor is shorter, meaning you can seek the post-custody relief faster.

Sentence Bargaining

Negotiating with the court for a lesser sentence is another plea bargain strategy you can explore for your felony charge. Sentence bargaining involves negotiating a reduced sentence in exchange for a guilty plea. The stakes are high for defendants facing felony charges. The penalties of a conviction include lengthy prison terms, hefty fines, and severe collateral consequences.

Therefore, sentence bargaining is a critical tool in these cases. You can make informed decisions about your criminal case when understanding how sentence bargaining works. Many criminal cases in California, including felonies, are resolved through plea agreements. Sentence bargaining focuses on the penalty rather than the charges themselves.

For example, first-degree armed robbery carries a base term of 3, 4, or 6 years in state prison, though Three-Strikes enhancements can increase it to 25-to-life. In such a case, you can negotiate a lower prison sentence in exchange for pleading guilty to the offense. Entering the plea saves you from the harsh sentence if your case goes to trial and you lose.

Process of Felony Sentence Bargaining

Negotiating a lesser sentence for your felony charge takes the following steps:

  • Initiation. The process of sentence bargaining begins when the prosecutor offers a deal to the defense attorney. The offer might involve the defendant pleading guilty to a lesser or similar charge for a reduced sentence.

  • Defendant's decision. If the prosecution offers you a plea deal for a reduced sentence, you must weigh the pros and cons of accepting a plea deal. Although the agreement is negotiated between the prosecution and defense, the judge must approve the final sentence.

A key consideration is whether you will face a more severe sentence if convicted at trial. Prosecutors may offer reduced sentences in cases where they believe you will likely face a conviction. A plea deal expedites resolution, conserving judicial and prosecutorial resources.

Benefits of Sentence Bargaining

For defendants, the primary benefit of sentence bargaining is the potential to avoid harsher penalties. By negotiating a guilty plea to a reduced sentence, you can avoid the uncertainty of a trial. For felony cases with high risks of a lengthy prison term or life sentence, sentence bargaining is a key tool.

Sentence bargaining can save prosecutors and the criminal justice system time and resources. Criminal trials are expensive and time-consuming. Sentence bargaining offers a way to resolve cases faster. Prosecutors can offer sentence reductions if your cooperation is valuable for further investigation.

The plea deal could require you to provide information about other crimes. California has faced ongoing issues with overcrowding in jails and prisons. Plea agreements that involve shorter sentences or probation instead of long-term incarceration can reduce the strain on the prison system.

Challenges and Risks of Sentence Bargaining

Sentence bargaining offers significant advantages for defendants, prosecutors, and the criminal justice system. However, it has some challenges and risks, including:

  • Uncertainty. Even with a reduced sentence, pleading guilty still results in a felony conviction.

  • Impact on the future. Sentence bargaining focuses on reducing your sentence and not the charge. A felony conviction affects future employment opportunities, housing, and civil rights.

  • Innocent defendants. Some defendants may plead guilty to avoid trial risks, even if they are innocent.

  • Pressure to accept deals. Defendants may feel pressured to take a plea deal, even if they could win at trial. The pressure can result in wrongful convictions.

  • Inequality in deals. Wealthier defendants with competent attorneys may receive more favorable offers than public defenders. Some defendants may feel compelled to accept unfavorable plea deals out of fear or lack of other options.

Negotiate for Probation with Favorable Terms

When considering a plea deal for your felony charge in California, you can negotiate for probation with favorable terms. California has three sentencing options, including incarceration, fines, and probation. Probation is often an alternative to incarceration and is unavailable for all defendants.

You can negotiate a plea for probation with the help of a reliable criminal defense attorney. The court considers the following factors before accepting a probation plea deal:

  • Nature of the offense. Courts evaluate the nature of your crime before sentencing you to probation. You can negotiate a probation sentence successfully if your felony offense was nonviolent.

  • Defendant’s criminal history. Your criminal record plays a significant role in the court's sentencing you to probation. A clean or minimal criminal record can favor probation. The court can deny the probation plea for repeat offenders and individuals with ongoing criminal cases.

  • Risk to public safety. You can serve the sentence from home when you are sentenced to probation. For this reason, the court will consider the threat you pose to the safety of others before accepting the probation plea.

  • Victim input. Victims often have the opportunity to provide a statement when you seek a plea for lenient probation terms. Their views can influence the court’s decision, especially in harm or trauma cases.

  • Terms of the plea agreement. When probation is part of a negotiated plea deal, the court will consider whether other terms of the plea serve the interests of justice.

  • Recommendations from the prosecutor. When you seek a probation sentence instead of incarceration for your felony offense, the prosecution will give input. The court may accept the plea if the prosecution supports it.

  • Availability of community resources. While on probation, the court requires you to undergo some rehabilitation programs, which include therapy and counseling. The judge will consider the availability of rehabilitative services to support your probation.

When you are sentenced to probation, the court will impose specific conditions you must follow during the probation. They include:

  • Regular reporting to a probation officer. You must meet with your assigned probation officer regularly throughout probation.

  • Obey all laws. You must not commit any new crimes while on felony probation.

  • No Possession of Firearms. California law prohibits the possession of firearms by convicted felons.

  • Travel restrictions. You will need permission from the court or probation officer to leave your county or state.

  • Employment or education requirements. You must maintain a job or attend school while serving felony probation.

  • Restitution and fines. The court may order you to pay the victims for damages as part of your probation.

  • Community service. You must complete a certain number of community service hours.

Benefits of Negotiating a Probation Plea

Spending time behind bars is one of the most life-changing consequences of a felony conviction. When you enter a plea bargain that includes probation, you will serve a portion of the sentence outside of prison. Felony probation offers the following benefits for defendants:

  • Avoiding Incarceration

A significant benefit of probation is that it prevents you from serving time in state or county jail. Instead of sitting behind bars, you can serve part of your sentence in community service.

  • Opportunity for Rehabilitation

Probation allows you to participate in rehabilitation programs. These programs could help you address the issues contributing to your criminal behavior. Additionally, it offers you a chance to make positive changes and reduce the likelihood of reoffending.

  • Maintaining Employment

You could lose your job when the court sentences you to prison time. Probation is served from home, meaning you can continue to work as long as you follow the probation conditions. Staying employed during probation helps you maintain financial stability. Additionally, it supports your reintegration into society.

  • Preserving Family and Community Ties

Serving probation allows you to stay connected with your family and friends. For this reason, you can receive the support you need during the challenging times.

  • Opportunity for a Second Chance

Probation allows you to prove that you can be rehabilitated. Courts offer probation to encourage rehabilitation rather than punishment.

With the plea negotiation for probation, you can seek favorable probation conditions. The terms imposed by the court can significantly limit your life. Therefore, you can agree with the prosecution on conditions that serve your interest.

Find a Competent Criminal Defense Attorney Near Me

When you face felony charges in California, you must find the best strategy to secure a favorable case outcome. These strategies could include convincing the prosecution to drop the charges, seeking a case dismissal at trial, or entering a plea bargain.

Plea bargaining is a common strategy for resolving felony charges. Your plea bargain could involve reducing the felony to a misdemeanor, seeking a lower sentence, or negotiating the terms of your felony probation.

Entering a plea bargain for your case can ensure you avoid the strain of a criminal trial and spend less time behind bars. Additionally, you are guaranteed the case outcome. However, you must surpass several limitations and hurdles for a successful plea.

You will need the guidance of a skilled lawyer if you want to negotiate a plea deal for your felony charge. At The LA Criminal Defense Law Firm, we offer expert legal insight for our clients battling felony charges in Los Angeles, CA. Call us today at 310-935-1675 and let us guide you through your case.