A felony charge is California's most serious classification of crime, and it comes with a court process that has more stages, more stakes, and more opportunities for a defense to intervene than a misdemeanor case. Understanding how that process actually works is the first step toward navigating it.
What Makes a Charge a Felony
Under Penal Code § 17(a)[1], a felony is a crime punishable by death, by life imprisonment, or by imprisonment in state prison. Under California's determinate sentencing law, Penal Code § 1170[2], most felony sentences fall into a low, middle, and high term set by the specific statute, with the sentencing court selecting among the three based on the circumstances of the offense and the defendant's background.
Felonies Add a Preliminary Hearing Stage
Unlike a misdemeanor case, a felony proceeds through an additional procedural step: a preliminary hearing, where the prosecution must present enough evidence to convince a judge that probable cause exists to believe the defendant committed the charged offense. If the judge finds sufficient evidence, the defendant is "held to answer," and the case proceeds to a second arraignment on the formal felony information, followed by further pretrial hearings and, if unresolved, trial.
Why the Preliminary Hearing Matters
A preliminary hearing gives the defense an early opportunity to test the prosecution's evidence under oath, cross-examine witnesses, and — in some cases — argue that the evidence doesn't support the charge as filed, potentially resulting in a reduction or dismissal before the case ever reaches trial. Because this hearing happens relatively early in a felony case, it's one of the most consequential stages for shaping how the rest of the case unfolds.
Felony Consequences Extend Well Beyond Sentencing
A felony conviction carries consequences that outlast the sentence itself, including the loss of the right to own or possess a firearm, potential impacts on professional licensing, and, for non-citizens, potential immigration consequences including removal proceedings. Certain felony convictions also count as "strikes" under California's Three Strikes law, which can dramatically increase the sentencing exposure for any future felony conviction.
Not Every Felony Case Ends in a Felony Conviction
Some felony charges are wobblers that can ultimately resolve as misdemeanors, and even straight felonies can sometimes be resolved through negotiated pleas to lesser charges, diversion in limited circumstances, or dismissal based on evidentiary weaknesses identified before or during the preliminary hearing. Assuming a felony filing guarantees a felony conviction overlooks the real opportunities that exist at each stage of the process.
How Felony Cases Move Through Chino Hills Courts
A felony arrest in Chino Hills is arraigned at the Rancho Cucamonga Justice Center[3], the San Bernardino County Superior Court location serving the area, with the San Bernardino County District Attorney's Office handling the prosecution. From there, the case proceeds through the preliminary hearing stage described above before moving toward resolution or trial.
What a Felony Defense Typically Examines
- Whether the evidence presented is sufficient to support a probable cause finding at the preliminary hearing stage
- Whether the initial stop, search, or arrest that led to the evidence was constitutionally valid
- Whether the charge is a wobbler that could realistically be resolved as a misdemeanor
- Whether a negotiated resolution to a lesser charge is available given the strengths and weaknesses of the prosecution's case
Questions about your case? Call (323) 622-4951. Free, confidential, 24/7.
Frequently Asked Questions
What happens at a preliminary hearing?
The prosecution presents evidence to a judge, who decides whether probable cause exists to proceed with the felony charge. The defense can cross-examine witnesses and, in some cases, argue for a reduction or dismissal at this stage.
Does a felony charge always result in a felony conviction?
No — some felony charges are wobblers that can resolve as misdemeanors, and even straight felony charges can sometimes be reduced through negotiation or dismissed based on evidentiary issues raised during the case.
What long-term consequences come with a felony conviction beyond the sentence itself?
A felony conviction can result in loss of firearm rights, professional licensing complications, immigration consequences for non-citizens, and can count as a strike under California's Three Strikes law for future offenses.
Facing a Felony Charge in Chino Hills?
The preliminary hearing and early pretrial stages of a felony case often present the clearest opportunities to change its trajectory. The Cespedes Law Firm, L.C. is headquartered in Chino Hills and represents clients in English and Spanish throughout California. Call (323) 622-4951 for a free consultation.
This page is provided for general information only and is not legal advice. Contact our office to discuss the specifics of your case.
