Felony Defense | The Law Office of Zak Fisher

How felony cases differ from misdemeanors

A felony in California is a criminal offense punishable by more than one year in either county jail (for low-level felonies under Penal Code section 1170(h)) or state prison. Felonies carry more severe collateral consequences than misdemeanors, including impacts on voting rights, firearm ownership, professional licensing, immigration status, and federal benefits.

The felony process in California

1. Arrest and booking. The arresting agency books the defendant and refers the case to the prosecutor.
2. Filing decision. The prosecutor reviews the case and decides what to file, including whether to charge a “wobbler” as a felony or misdemeanor.
3. Arraignment. The defendant is formally charged, enters a plea, and bail is addressed.
4. Preliminary hearing. The prosecution must show probable cause that a felony was committed and that the defendant committed it. A magistrate judge decides whether the case should proceed.
5. Trial court arraignment. If the case is held to answer, the defendant is arraigned in the trial court.
6. Pretrial motions and conferences. Suppression motions, Pitchess motions, discovery motions, and plea negotiations.
7. Trial. Bench or jury, typically before a panel of 12 jurors for felonies.

Wobblers

Many California offenses are “wobblers” — charges that can be filed as either misdemeanor or felony at the prosecutor’s discretion. Common wobblers include criminal threats (PC 422), assault with a deadly weapon (PC 245(a)), domestic violence with injury (PC 273.5), grand theft (PC 487), and many others. Even when filed as a felony, a wobbler may be reducible to a misdemeanor under Penal Code section 17(b) after probation or in connection with a plea negotiation.

Diversion for felonies

• Mental health diversion (PC 1001.36) is available for many felony cases where a qualifying mental disorder played a significant role.
• Military diversion (PC 1001.80) is available for current and former U.S. military service members.
• PC 1000 drug diversion is available for many simple drug possession felonies, with dismissal upon completion.

How the firm decides on felony cases

The Law Office of Zak Fisher accepts a limited number of felony matters per year. The firm is most likely to take a case where:

• The offense is non-violent or involves alleged victims with consent issues.
• The case has a clear path to wobbler reduction under PC 17(b).
• The defendant is eligible for mental health, military, or drug diversion.
• The defense theory aligns with the firm’s existing motion practice and trial style.

The firm typically does not accept the following felony matters:

• Serious or violent felonies as defined by PC 667.5(c) or PC 1192.7(c) (so-called “strike” offenses).
• Capital matters.
• Complex multi-defendant federal cases.
• Cases requiring specialized counsel (white-collar securities fraud, complex tax fraud).

Pricing for felony cases

Felony cases are quoted as flat fees in writing before any retainer is paid, the same as misdemeanors. Fees are higher than misdemeanors to reflect the additional court appearances, motion practice, and trial preparation a felony case requires. Specific ranges are discussed during the free 20-minute consultation.

For misdemeanor matters

If your case is a misdemeanor (or you are not sure whether the charge is a misdemeanor or felony), see our misdemeanor defense page or visit our dedicated site at losangelesmisdemeanorlawyer.com.