Articles Tagged with felony

By the early 2010s, California’s prison system was overcrowded and it cost the state billions of dollars each year. The situation was so bad that in 2011, the United States Supreme Court ruled that California has to reduce its prison population. Fortunately, in 2014, Californians voted in favor of Proposition 47, or the Criminal Sentences. Misdemeanor Penalties. Initiative Statute.

The measure was aimed to reduce prison overcrowding by reducing a number of felonies to misdemeanors, including certain theft crimes by raising the threshold from $400 to $950, as well as certain drug-related charges. Moreover, the Proposition provided that the money saved from incarceration will be funneled towards the funding of mental health and drug treatment programs, K-12 schools, and crime victims.

A number of studies have demonstrated that the measure more or less achieved its aims, with a decline in recidivism, reduction of prison population, and savings of over 800 million dollars. Moreover, since the passage of Prop 47, the rate of violent crimes, burglary, or robbery, has not increased. However, opponents of the measure have continuously argued that Prop 47 is the reason for the uptick of retail theft during the COVID pandemic as well as the increase in homelessness in the state. An attempt to amend Prop 47 in 2020 failed at the ballot box.

Gun Law Enhancement

Gun Law Enhancements Can Result in Lengthy Sentences.

LET’S TALK CRIMINAL GUN ENHANCEMENTS (AB1509)

Under California gun laws, a sentence for a felony case can be “enhanced” if a gun was possessed or used during the commission of a crime. These laws can extend sentences well beyond the maximum punishment for the principal crime itself. If there are multiple enhancements or more than one enhancement, the punishment imposed will be the longest possible sentence. 

CDC Prisoners

CDC Prisoners seeking early release via the granting of parole.

LA DA GEORGE GASCON CONTINUES TO MAKE WAVES WITH PAROLE CHANGES

Since being sworn in as Los Angeles County District Attorney in December 2020, George Gascon has hardly been out of the headlines. From eliminating sentence enhancements for hate crimes and dismissing gang enhancements to removing firearm allegations and continuing to push for resentencing and sentence commutation; Gascon has shown himself to maintain a progressive approach focused on rehabilitation. His latest changes to the DA’s office have been highly controversial. 

NEW LA COUNTY DA PROMOTING SWEEPING CHANGES (GEORGE GASCON)

On December 7, 2020, Los Angeles County District Attorney George Gascon was sworn in as the County’s 43rd District Attorney. Following his defeat of Jackie Lacey, a DA who had built a reputation for a “tough-on-crime” approach, Gascon went straight to work making changes to his office true to his platform of criminal justice reform, progressive services, and rehabilitative prosecution. A main goal of his platform being lowering the prison population. 

Gascon’s less punitive approach to crime includes no more gang enhancements, eliminating cash bail (including no longer seeking bail for anyone facing a misdemeanor charge or non-violent or non-serious felony), ending use of the death penalty, and providing resentencing eligibility. These major changes are expected to lead to the early release of thousands of state prison inmates whom Gascon said are unfairly serving overly long sentences.

As seasoned Los Angeles criminal defense attorneys, we understand that many people do not really know the difference between a misdemeanor and felony offense.  In California, there are also criminal offenses that are classified as “wobblers,” which simply means that the crime may be charged as a misdemeanor or felony, at the prosecutor’s discretion.

Generally speaking, misdemeanors are crimes that would be considered less serious than felonies, and are punishable by a maximum of one year in a county jail.  Felony offenses are those that are more serious, and incur penalties which include one year or more in state prison.

What are the most common crimes which are usually charged as misdemeanors?  There are really two categories of misdemeanor crimes, standard and aggravated.  Examples of standard misdemeanors include public intoxication and petty theft.  Aggravated misdemeanor offenses include simple assault, simple battery, and DUI (driving under the influence).  The criminal penalties for a conviction on a standard misdemeanor offense include fines of up to $1,000 and a maximum of 6 months in county jail.

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