The State of California does not have specific categories of felonies, including Class B felonies, as other states or the federal system has. Instead of these categories, California uses a system of felony wobbler offenses.
These wobbler offenses can be charged as misdemeanors or felonies. How the crime is charged will often be based on the circumstances of the case and the discretion of the prosecutor.
The penalties a defendant can face for each offense are usually outlined in the California sentencing laws. Usually, there will be a high, middle, and low term, for example, three years, two years, or 16 months. In addition to these potential penalties, the State of California also has a Three Strikes Law that can impose significant additional penalties for repeat offenders.
Even though California uses a different system to classify its criminal offenses, it can be helpful to have an understanding of the systems used in other states that do have Class B felonies and by the federal government. There are different classes of felonies used by states and the federal government that are divided based on their severity and the potential punishment they may face.
Typically, felonies are divided into classes labeled either A, B, C, D, and E or 1, 2, 3, 4, etc. The exact categories may vary by jurisdiction.
In many jurisdictions, a Class B Felony is punishable by at least one year in prison and up to 25 years in prison. Common examples of Class B Felonies include:
- Serious drug offenses
- Some types of assault
- Certain theft offenses
- Some types of fraud
A California lawyer can help an individual understand any charges they are facing and how they may be similar to or different from Class B Felonies in other states or the federal system.
Classification of Felonies
A felony criminal offense is a crime that is punishable by a prison sentence of more than one year. As previously noted, California does not follow the typical classification of Class A,
B, C, etc. felonies but, instead, uses a wobbler system.
However, because the felony classification system is common among other states and is still used in the federal system, it may still be helpful to have a basic understanding of the categories, which include:
- Class A Felonies: Class A Felonies are the most severe category and typically include the most egregious crimes, such as murder, kidnapping, and rape.
- They usually carry a potential sentence of life imprisonment without the possibility of parole or the death penalty.
- Class B Felonies: Class B Felonies often include manslaughter, some drug offenses, and some forms of theft.
- Depending on the jurisdiction, they usually carry a potential prison sentence of at least one year and up to 25 years.
- Class C Felonies: Class C Felonies often include certain types of fraud, some forms of assault, and certain theft offenses.
- Depending on the jurisdiction, they usually carry a potential prison sentence of at least one year and up to 10 years.
- Class D Felonies: Class D Felonies are the least serious category of felonies and can include drug offenses, some types of burglary, and some forms of fraud.
- Depending on the jurisdiction, they may carry a potential prison sentence of at least one year and up to five years.
Examples of Class B Felonies in California
As previously discussed, California does not have a Class B Felony category, as the felonies are classified by their potential prison sentences. The offenses in California that are considered to be equivalent to Class B Felonies may include involuntary manslaughter, major larceny offenses, and certain aggravated assaults. These offenses are usually considered to be strikes under the Three Strikes Law in California.
In jurisdictions that have Class B Felony categories, offenses typically include:
- Fraud or embezzlement
- Kidnapping
- First-degree sexual abuse
- First-degree burglary
- Aggravated assault
- Some drug offenses, such as possession with intent to distribute
- Manslaughter
- Robbery
- Securities fraud and other white-collar crimes
Penalties for Class B Felony in California
Felonies in California are typically categorized by their penalties instead of being placed into specific classes, such as Class B. Common default felony sentences in California range from 16 months to three or more years in prison.
If the offense is an aggravated offense or a third-strike conviction, the penalty may increase to as much as 25 years to life in prison. The court will also consider any mitigating and aggravating circumstances in order to determine whether the defendant’s sentence falls into the lower, middle, or upper range of the sentencing range for that offense.
For jurisdictions that have specific Class B Felony categories, they will often face at least one year and up to 25 years in prison in addition to substantial criminal fines as well as other possible penalties, such as community service, restitution, or probation. Some jurisdictions may also have mandatory minimum sentences.
To find out more about the possible penalties a defendant may face for a felony charge in California, it is important to schedule a California lawyer consultation.
Minimum Sentence for Class B Felony in California
In California, the wobbler offenses that are considered equivalent to Class B felonies will carry minimum state prison sentences of 16 months, two years, or three years. Some serious offenses may be punishable by 25 years to life.
In some states, there are mandatory minimum sentences for Class B Felonies. This means that a convicted defendant has to serve a specific amount of time, regardless of whether there are any mitigating factors. There are certain violent crimes and drug offenses that often have mandatory minimum sentences.
Can I Receive a Harsh Sentence for a Class B Felony in California?
Yes, a defendant can receive a harsh sentence for a felony conviction in California even though the state does not have a Class B category. If there are aggravating factors or if the defendant had prior convictions, the penalty can be substantially longer under the Three Strikes Law, potentially a mandatory 25 years to life.
A felony conviction can also mean life-changing consequences outside of someone’s criminal record, such as losing the right to own a firearm and vote, the right to child custody and visitation, losing a professional license, not being able to obtain loans, and other issues.
What Is an Extenuating Circumstance?
An extenuating circumstance, or a mitigating circumstance, is an event or factor that a court can consider when determining a defendant’s sentence that may reduce the severity of their sentence, such as:
- The defendant’s age
- Mental or physical health
- History of abuse or trauma
- Family circumstances
- The defendant’s level of remorse
- Cooperation with law enforcement
- The level of planning or premeditation for the offense
Should I Talk to a California Lawyer About a Class B Felony?
If you are facing any type of felony charge in California, it is essential to consult with a California criminal defense lawyer for information and advice, especially since California does not follow the typical Class B Felony classification system. Your criminal defense attorney will be able to explain the charges against you, possible defenses you can present, and represent your interests throughout the process.
Your California attorney can present arguments and any mitigating factors on your behalf to negotiate with the prosecution for a lesser sentence or a reduction in the charges against you. Your lawyer can also present these to the court during sentencing to ask for a more lenient sentence.
Use the no-cost confidential lawyer-client matching services provided by LegalMatch to find a California criminal defense lawyer near you who can help make sure your rights are protected. Felony charges are serious and can impact all areas of your life, so act now.
