In California, a felony is a crime which is punishable by death or by imprisonment in the state prison. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions. Violent and serious felonies defined in Penal Code sections 667.5(c) and 1192.7(c). The most common violent or serious crimes include residential burglary, robbery, kidnapping, murder, most sex offenses like rape and child molestation, any offense in which a weapon was personally used whether or not anyone was injured, any offense in which great bodily injury was inflicted, arson, crimes involving explosive devices, or attempts to commit any of those offenses.
Where an offense for which a person is convicted is a violent or serious felony, in addition and consecutive to any other prison terms imposed upon the defendant, the trial court must impose a new three-year sentence for each prior separate prison term served by the defendant, where the prior offense was one of the violent felonies specified above. Moreover, when a new offense is any felony in which a prison sentence was imposed, the court must impose an additional one-year prison sentence for each prior term served for any felony. However, the court may not impose any additional term for any prior prison term when an individual’s last imprisonment was over five years ago, and that individual has not been convicted or charged with any new felony.
Contact a Criminal Defense Attorney Today
If you have been accused of a violent or serious felony, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney near you no matter where you work or live.
Call us today at (888) 280-6839 for a free phone consultation. We will be there when you call.