In the State of California, a Class D felony is not a specific category that has a set of fixed penalties like in the federal system or in other state systems. Instead, California has a system of felony wobblers, or crimes that may be charged as felonies or misdemeanors, and strikes, or enhancements. How a wobbler offense is charged typically depends on the discretion of the prosecutor, the circumstances of the case, and the decision of the court.
The penalties are typically described specifically in sentencing laws. These will typically have a high, middle, and low term, such as three years, two years, or 16 months.
California has a Three Strikes Law that also adds significant penalties for individuals who are repeat offenders. This will impact their sentencing for serious and violent felonies.
Although California has a different system, it may also be helpful to understand the federal system and how other states that use a Class D structure work. In these systems, a Class D felony is typically punishable by five to ten years in prison.
There are generally three categories of crimes in the criminal justice system, felonies, misdemeanors, and citations. Citations are the least serious, typically punishable by a fine.
Misdemeanors are typically punishable by less than one year in jail and criminal fines higher than citations. Felonies are punishable by one year or more in prison and larger criminal fines.
Many states divide felonies into different categories, using numeric or alphabet labeling systems, such as Class 1, Class 2, Class 3 or Class A, Class B, Class C, etc. Typically, Class 1 or Class A felonies will be the most serious and will decrease in seriousness.
A Class D felony, on the other hand, is typically the least serious category of felony offenses. These are considered minor in comparison to other felony offenses.
Classification systems are used to make sure that the sentences that are imposed for felony convictions are consistent. The specific crimes included in each class, as well as the corresponding sentences, vary by state.
In some jurisdictions, neither numerical nor alphabetical classes are used and, instead, a hybrid level and class system is used. Federal criminal laws, for example, have approximately 43 levels of felony offenses.
A California lawyer can explain whether an offense will likely be charged as a felony or a misdemeanor based on the facts of an individual’s case.
What Is the Sentence for a Class D Felony–Level Crime in California?
As previously noted, there is not a specific Class D felony category in California as in other states. Instead, a felony will typically be categorized by its penalty.
A commonly default felony sentence ranges from 16 months to three or more years in prison, depending on the facts of the case and any applicable enhancements. The court will consider aggravating and mitigating circumstances to determine whether the sentence will fall into the upper, middle, or lower range of the sentencing range.
In jurisdictions that use the typical classification of felonies, it is common for sentences for a Class D felony to include:
- Incarceration
- A requirement to pay fines as well as court costs
- If a case involved financial crimes such as forgery, fraud, or theft, restitution to the victim
- Mandatory drug and alcohol testing and treatment
- If a case involved domestic abuse or stalking, a no-contact order
- Anger management counseling
- For a felony DWI/DUI case, suspension or revocation of driving privileges
- Community service
- Probation, supervised or unsupervised
A court can typically consider the nature and severity of the offense, the criminal history of the defendant, their current probation status, and the likelihood that they will re-offend. If the defendant is a repeat offender, they will likely face a harsher punishment than a first-time offender.
Even though a Class D felony is considered the least serious category, because it is still a felony, it will remain on an individual’s criminal record unless it is expunged. This can impact their ability to attend school, find housing, get a job, and obtain a mortgage.
To find out more about specific sentencing issues for Class D-level felonies in California, it is essential to schedule a lawyer consultation.
Can You Receive More Than Seven Years in Prison in California?
Yes, it is possible to receive more than seven years in prison in the State of California if an individual is convicted of a serious felony, even though California does not have a simple Class D level. A serious offense may carry a longer sentence which can exceed seven years, especially if there are aggravating factors or the defendant had prior offenses.
There is also the potential for a much longer sentence under the California Three Strikes Law. Upon a defendant’s third serious or violent felony conviction, they face a mandatory 25 years to life sentence under this law.
How Serious Are Class D Felony–Type Crimes in California?
Any type of a felony charge is very serious in California and may result in life-long consequences, including the loss of certain rights that can impact nearly every aspect of an individual’s life. This can include losing the right to vote, the right to child custody and visitation, losing professional licenses, not being able to obtain loans, and not being able to own firearms.
Common California Crimes Comparable to Class D Felonies
As previously discussed, California does not have specific Class D felony category crimes. However, there are some state-specific examples that are mid-level felonies and would be considered similar to Class D felonies in other jurisdictions, including:
- Grand Theft Auto
- Forgery
- Drug Possession for Sale
- Residential Burglary
- Arson
- Assault with a Deadly Weapon
- Embezzlement
- Check Fraud
- Identity Theft
Examples of Class D felonies in jurisdictions that follow the class category systems may include:
Defenses to Felony Charges in California
There may be defenses available in California to felony charges, depending on the circumstances of the case and the type of crime that was committed. Defenses that are commonly used include lack of knowledge and lack of criminal intent.
With a lack of intent defense, a defendant argues that they did not intend to commit the crime, they were not aware of their actions, or they did not have the mental capacity to formulate intent because they have a mental disability or they were intoxicated. This defense is commonly used in check fraud and stalking cases.
A lack of knowledge defense is commonly used in burglary, forgery, and motor vehicle theft cases. A defendant may argue that they had permission to take certain actions or did not have the knowledge needed to commit the crime.
Do I Need a California Criminal Defense Attorney for a Felony Charge?
If you are facing any type of felony charges in the State of California, it is essential to consult with a California criminal defense lawyer, as a felony conviction can impact every area of your life, especially if you have any previous convictions. Your lawyer will explain the laws in California and how they can impact your case and possible sentence.
It is free to use LegalMatch’s lawyer matching services today to help you find a criminal defense attorney who can represent you in a California court. LegalMatch member lawyers are licensed and prescreened and those who respond to your submission are ready to get started helping you right away.
