Quick Answer: Will I Get Jail Time For First Felony?

What are the consequences of a first time felony?

If you qualify for a first time felony waiver, the court has the option of imposing a sentence up to 90 days in confinement (jail) and can give up to 6 months of community custody (what used to be called probation in the old days), or 12 months of community custody if some sort of treatment is ordered (drug treatment, ….

Is jail time mandatory for a felony?

California Felony Sentences California law authorizes the court to impose a sentence for a felony conviction. The fact that a sentence is authorized does not necessarily mean that a sentence will be imposed. Unless the law requires a sentence to jail or prison, a judge might instead place the defendant on probation.

What are the 7 felonies?

Different Types of FeloniesAssault. Assault can be a misdemeanor or a felony depending on the situation. … Rape and Sexual Assault. In Oregon, there are numerous sexual assault and rape laws. … Promoting Prostitution. … Kidnapping. … Theft. … Arson. … Drug Crimes.

How do you get a felony charge dropped?

A felony charge can be dropped to a misdemeanor charge through a plea bargain, mistake found by the arresting officer or investigations, or by good behavior if probation was sentenced for the crime.

What’s the worst felony?

Class A felonies (or level 1 felonies) are the most serious of crimes. Examples of class A felonies can include: first degree murder, rape and kidnapping. Because these types of crimes are considered to be the worst of the worst; the most severe penalties are imposed for class A (level 1) felonies.

Do first time felons go to jail?

Some crimes have a jail sentence no matter what. … First time offenders that committed a non violent crime and have no past criminal history will most likely get a suspended sentence, probation and fines. Suspended means you don’t have to serve the jail time as long as you do your probation and pay the fines.

How do you avoid jail time for a felony?

15 Key Steps to Avoid Prison on Felony ChargesRemain Silent, it’s your Right, use it! … Remain Calm; and Silent. … Hire Experienced Criminal Defense Counsel Immediately. … Do Not Discuss Your Case. … Understand your Charges. … First, Defense Attorney; Second, Bondsman. … Don’t lie to your Attorney. … Do not speak to your family or friends about your case.More items…•

What happens if you plead guilty to a felony?

If you were to plead “guilty,” the Judge would set your sentence on each of your charges to whatever he or she wants within the minimum and maximum sentence allowed by law. On most criminal charges and some traffic charges, the Judge can put you in jail or, if it is a felony, in prison!

How serious is a felony charge?

In criminal law, a felony is a category of crimes that are often classified as the most serious type of offenses. … Each state has their own, different punishments for these crimes, but felonies are generally punishable by imprisonment for more than one year, in a federal facility as opposed to a local or county jail.

What is the lowest felony charge?

Class 1 felonies generally carry steep penalties, such as lengthy jail terms and exorbitant criminal fines. In comparison, a Class 4 felony is the lowest ranked felony group, often the next level up from misdemeanor crimes. While a Class 4 felony is a serious offense, it is not as serious as a Class 1 or 2 felony.

How many felonies can you have?

California’s “three strikes” law is a sentencing scheme that gives defendants a prison sentence of 25 years to life if they are convicted of three violent or serious felonies. The law is codified in Penal Code Section 667.

How can I get probation instead of jail time?

There are a number of ways to attempt to get probation as part of your sentence. First, consult with an experienced criminal defense attorney. Your lawyer will review your case, assess the factors involved, and develop a recommendation that the court punish you through probation instead of sending you to jail.

Can a state jail felony be dropped to a misdemeanor?

Most importantly, when a judge reduces a felony to a misdemeanor, one can legally state thereafter that he or she has never been convicted of a felony. Once an offense is reduced to a misdemeanor and one has successfully completed all terms of probation, expungement of the conviction is available.

Is it possible to get probation for a felony?

Certain felony convictions are eligible for probation. … Certain conditions are placed on a person on probation. These may include maintaining a job and getting counseling. When you are on probation, any violation of the terms of your probation could result in severe penalties, including a return to prison.

What is the jail time for felony assault?

Penalties for Felony Assault and Battery Felony assault and battery usually are felonies punishable by approximately one to twenty-five years in prison, depending on the specific provisions of each state’s sentencing statute or sentencing guidelines.

How many days is a year in jail?

One year in jail equals 12 months. However, every jail calculates something they call “good-time credits” which usually ends up shaving a certain number of days off per month served. This varies from one county jail to the next.