Misdemeanors and Felonies, defined

In California, most sex crimes are classified as felony offenses, although there are some lesser offenses that will be prosecuted as misdemeanors. When a charge can be filed as either a misdemeanor or a felony, the crime is known as a “wobbler” and the discretion with which to file the charge rests in the hands of the prosecution. The main difference between a misdemeanor and a felony lies in the severity of the punishment, although both carry the possibility of probation, heavy fines, restraining orders and community service or labor. The skilled criminal attorneys at The Kavinoky Law Firm will vigorously fight to dismiss all charges and, at the very least, will fight to have any felony charges reduced to lesser offenses. Based on their meticulous review of the facts, they clearly recognize discrepancies in witness statements and police reports and know exactly what evidence to look for, which allows them to highlight the weaknesses in the prosecutor’s case. Their thorough understanding of this complex and unique area of the law makes them especially qualified and capable of doing so, enabling them to provide their clients with unsurpassed legal advice and representation.

Felonies are considered the most serious types of crimes and are punishable by death or imprisonment in the state prison. Felony prison sentences are at least one year in duration. When not otherwise specified, a felony is punishable by imprisonment in any state prison for 16 months, or two or three years. Felony sex offenses, which include rape and most cases that involve minors, can carry prison sentences of up to eight years and, under a variety of circumstances, a defendant can be sentenced to consecutive sentences, resulting in lifetime imprisonment. Wobblers will generally be filed as felonies if the defendant has prior convictions for similarly charged crimes, if the facts of the particular offense were aggravated or if the alleged victim suffered an injury as the result of the defendant’s conduct.

Misdemeanors are basically all crimes that don’t rise to the level of felonies. Possession or distribution of obscene materials (so long as children aren’t depicted in the materials) and indecent exposure are examples of two less serious sex crimes that will be prosecuted as misdemeanors. Misdemeanors typically carry a maximum six month county jail sentence and a maximum $1,000 fine, although there are many misdemeanors that carry a maximum one-year jail sentence and a maximum $2,000 fine. An individual serving a misdemeanor sentence serves his or her time in a county jail, not a state prison. Although misdemeanors are less serious than felonies, they can still do serious lifetime damage, as they will be revealed on a background check, making it more difficult to secure employment and labeling an individual a criminal. In addition, some misdemeanor sex offenses will require that a convicted defendant still register as a sex offender, pursuant to California penal code 290.

The outstanding criminal defense lawyers at The Kavinoky Law Firm specialize in sex crime defense and are dedicated to protecting the rights of all their clients. They understand the seriousness of being accused of a sex offense and are determined to help their clients avoid the harsh penalties that are associated with this class of crimes. With law offices in Los Angeles and throughout California, they are conveniently located for anyone in need of an aggressive California sex crime lawyer who will passionately defend his or her case with skill and integrity. Contact the firm today for a free consultation, for the most trusted legal advice and for unparalleled representation.