In California, there is no specific Class 4 Felony category. Instead, California uses a system of felony wobblers, or offenses that can be charged as either misdemeanors or felonies, as well as strikes, or enhancements.
The way a wobbler offense is charged will usually depend on the discretion of the prosecution, the discretion of the court, and the circumstances of the case. The penalties for the specific offenses are usually outlined in sentencing laws.
There will typically be a low, middle, and high term, for example 16 months, two years, or three years. Additionally, California has a Three Strikes Law which adds significant penalties for repeat offenders that can impact their sentencing for violent and serious felonies.
Even though California does not have the same system, it may be helpful to review the federal system as well as systems of other states that do have Class 4 Felony classifications.
There are three general categories of criminal offenses, including felonies, misdemeanors, and citations. Felonies are the most serious category of crime, typically punishable by a year or more in prison and substantial criminal fines.
A misdemeanor is usually punishable by less than one year in jail as well as criminal fines that are lesser than a felony. A citation is the least serious category that is usually punishable by a fine.
It is common for states to divide felony offenses into categories using alphabet or numeric labeling systems, for example Class A, Class B, Class C, Class D, or Class 1, Class 2, Class 3, Class 4, etc. Usually, Class A Felonies are most serious and a Class D Felony is the least serious.
Similar to a Class D Felony, a Class 4 felony is a relatively minor felony crime that would result in a lesser degree of punishment. In states that use this type of category system, a Class 4 Felony is one step above the most serious category of misdemeanor offenses.
Examples of Class 4 Felonies can include vehicular assault, criminal mischief, and theft of a motor vehicle. Although this category is a relatively lesser felony charge, it is still a felony charge that can result in serious consequences, including some beyond an individual’s criminal record.
If an individual is facing any type of criminal charges in California, especially felony charges, it is essential to consult with a California lawyer, who can explain the specifics of criminal offense categories in the state.
Examples of Class 4 Felonies in California
As noted above, California does not have a Class 4 Felony category. Instead, the felony offense is categorized by its penalty.
It is common for a default felony sentence to range from 15 months to three or more years in prison in California, depending on the facts of the case as well as any enhancements that may apply. A court will take into consideration any mitigating and aggravating circumstances in order to determine whether the defendant’s sentence should fall into the lower, middle, or upper range of sentencing.
In jurisdictions that have Class 4 Felony categories, there are a broad range of offenses that may fall into the category, such as:
- Vehicular homicide
- Arson
- Sexual assault
- Felony DUI
- Burglary
- Robbery
- Perjury
- Aggravated assault
- Stalking
- Manslaughter
- Possession of illegal drugs
- Extortion
- Dog fighting or other animal-related crimes
How Bad Is a Class 4 Felony in California and What Does It Mean in Court?
No matter what type or category of felony an individual is convicted of in California, it is still a felony, which can mean serious legal consequences. Even though sentencing guidelines can vary by state, most Class 4 Felony convictions can result in a prison sentence of one to three years and criminal fines of up to $10,000 or more, depending on the jurisdiction.
If a defendant is convicted of a Class 4 Felony, they may have issues finding a job, housing, getting a loan, and they may not be able to vote. In addition, they may not be able to own a firearm.
It is also important to be aware that, under California’s Three Strikes Law, repeat felony offenders can face a doubled sentence for a second felony conviction and 25 years to life for a third felony conviction. For more information on how a felony conviction can impact an individual’s sentence, it is essential to schedule a California lawyer consultation.
What Is the Difference Between Felonies and Misdemeanors?
There are two main distinctions between misdemeanor offenses and felony offenses. First, a felony usually involves more serious crimes and involves an act of violence.
Second, a defendant who is convicted of a felony will typically receive a harsher punishment. The criminal act that results in felony charges is usually more serious than one that results in misdemeanor charges.
Crimes that are categorized as felonies typically require proof of a specific mental state of intent, mens rea, that is higher than the level necessary to prove that the defendant committed a defendant. Additionally, felony offenses also typically cause greater harm to the victim, including injuries that the victim sustained, the amount of damage that was done to property, and the harm that was caused to society.
Felony convictions typically result in prison sentences of at least one year or more. Defendants convicted of felonies also are usually required to pay higher amounts of criminal fines than defendants who are convicted of misdemeanors.
Misdemeanors are commonly victimless crimes, such as disorderly conduct, contempt of court, and traffic citations. In contrast to felonies, they typically do not result in serious property damages, severe bodily injury, or death.
What Is a “Wobbler” Crime?
Under California criminal law, a wobbler crime is an offense that may be punished as either a misdemeanor or as a felony, as previously noted. The wobbler category was established so the criminal justice system could allow for flexibility when sentencing a criminal defendant.
For example, when a specific offense may be typically categorized as a felony, there are some situations that may call for a defendant to be punished but not as harshly as a felony would require. In these situations, a court can hand down a sentence that corresponds with a misdemeanor offense.
This same concept may also work in reverse if the defendant committed a misdemeanor offense but deserves a harsher punishment because of a specific factor related to the offense. A Class 4 Felony is commonly the subject of cases involving wobbler offenses.
There are some examples of offenses that may qualify as a wobbler, such as carrying a loaded firearm in public, assault, driving under the influence (DUI), burglary, criminal threats, forgery, and some types of drug offenses.
Do I Need a Lawyer if I’m Facing Class 4 Felony Charges in California?
If you are facing any type of criminal charges in the State of California, including any type of felony charges, it is very important to consult with a California criminal defense lawyer.
Your criminal attorney can explain the potential outcomes of your case, how a felony conviction may impact your life, negotiate with the prosecution for a lesser sentence, and protect your rights throughout your case.
LegalMatch offers no-cost attorney-matching services that you can use today to find a California criminal defense attorney who is licensed and prescreened in your area who can defend the felony charges against you. You can complete the submission process in as little as 15 minutes to get started finding a California lawyer near you today.