Salinas Felony Defense Attorney

Representing Clients Throughout Monterey County

Felonies are the most serious type of criminal offense. As a result, they carry harsh penalties, including lengthy prison sentences, thousands of dollars in fines, probation, and more. If you or someone you love has been charged with a felony in Salinas or anywhere in Monterey County, it is absolutely essential that you seek legal counsel, fast. Your future and your freedom are at stake; don’t leave them up to chance. 

At the Law Office of John Klopfenstein, we are backed by over 30 years of legal experience, providing reliable counsel to those facing felony charges. Our Salinas felony defense attorney has successfully taken 200 jury trials to verdict, demonstrating our substantial trial experience and determination to advocate effectively for our clients. We understand how impactful a felony conviction can be on your rights and freedom, which is why our approach to each case is client-centered, ensuring personalized legal strategies are developed to address the specific needs and objectives of our clients. Our attorney prioritizes meticulous attention to detail and professionalism in our work, aiming to support our clients through every phase of their legal proceedings with precision and diligence.

If you are facing felony charges, our knowledgeable attorney is here to help. Contact us online or at (831) 610-5921 to speak with a member of our team.

What Constitutes a Felony in California?

California Penal Code § 17 (a) defines a felony as an offense that is punishable by at least one year imprisonment. While most felony crimes are associated with potential imprisonment in state prison, some felonies  can be punishable by imprisonment in county jail. Convictions for felony offenses typically carry confinement terms that exceed one year. In comparison, misdemeanor offenses carry less severe penalties, as those facing misdemeanor charges face up to six months of imprisonment and will be imprisoned in county jail.

What Are the Consequences of a Felony Conviction? 

Felony offenses carry hefty penalties, including time in state prison, fines, and a permanent mark on your criminal record. However, a felony conviction carries consequences that extend beyond the initial sentence of imprisonment or probation. 

These consequences include: 

• Loss of rights: A felony can lead to the loss of certain rights, such as:
  • Voting rights: California does not allow those with a current felony conviction to register to vote or vote. However, once you have served your prison sentence, your right to vote can be restored.
  • Gun ownership: You may be prohibited from owning or possessing firearms.
  • Public service: You might be ineligible to hold public office or serve on a jury.
• Employment barriers. A criminal record can make it difficult to secure employment, especially in certain fields, as you can lose your professional license.
• Educational limitations: Financial aid and educational opportunities may be restricted depending on the severity of the crime.

These are just a few of the potential consequences of a felony conviction. Consulting with an attorney can provide a more specific understanding of how a felony might impact your individual circumstances. We invite you to reach out to our firm right away to speak to a knowledgeable felony crimes lawyer in Salinas.

What Are Wobbler Offenses?

California law distinguishes between two main categories of offenses based on potential punishments: straight felonies and wobbler offenses. A straight felony has a fixed sentence that is always prosecuted as a felony and carries a minimum sentence of more than one year in state prison. If convicted of a felony, you can also have a strike added to your criminal record.

Examples of straight felonies include:

• Rape
• Murder
• Vehicular manslaughter with gross negligence
• Lewd acts with a child under 14
• Carjacking
• First-degree burglary
• Robbery

Unlike straight felonies, wobblers (also known as alternative felony/misdemeanor offenses) allow for the crime to be charged as either a felony or a misdemeanor. 

The decision of how to proceed rests with the prosecutor, often influenced by factors like:

• The severity of the offense: More serious circumstances surrounding the crime (e.g., violence or significant property damage) may lead to felony charges.
• Whether the accused has a criminal history: A defendant with a criminal record is more likely to face felony charges for a wobbler offense.

Examples of Wobbler Offenses in California

Examples of wobbler offenses include:

• Vehicular manslaughter
• Assault with a deadly weapon
• Burglary (second degree)
• Grand theft auto
• Certain domestic violence crimes

It is important to note that you can petition for a wobbler offense to be reduced to a misdemeanor (i.e., file a 17(b) motion). Should you be charged with a wobbler offense, you should consult with an experienced felony offense attorney in Salinas, like Attorney John Klopfenstein. He can assist with filing a motion on your behalf or negotiating with the prosecution if necessary.

California's “Three Strikes” Rule

California's Three-Strikes Law, formally known as "Three Strikes and You're Out" (Penal Code Section 667), is a sentencing enhancement measure that imposes harsher penalties on those convicted of a third serious or violent felony. A strike refers to a prior conviction for a serious or violent felony. As mentioned, convictions for straight felonies can mean getting a strike.

A defendant with one prior "strike" conviction faces a doubling of the sentence for their current felony conviction. The most significant consequence arises upon a third strike. If a defendant has two or more prior "strikes" and is convicted of another serious or violent felony, they face a mandatory sentence of 25 years to life in prison.