Felony Probation Terms: Formal Probation Overview by California Felony Lawyer

If I am convicted of a felony in California, am I eligible for felony (“formal”) probation? (JCR 4.414)

If you plead to or are found guilty of a felony in a California court, you will be sentenced according to the term of your plea bargain, or if a jury finds you guilty after a trial, the judge must sentence you to the punishment prescribed according to applicable California state law. In this section, our attorneys at Wallin & Klarich want to share with you the various ways you can be sentenced following a felony conviction, including formal probation.

What is a Suspended Sentence (Formal Probation)?

California law permits the judge, in some cases, to give you what is known as a “suspended sentence” (formal probation) in lieu of sentencing you to serve a jail sentence or a prison term. If the court is able to grant formal probation in your case, your sentence in jail or prison is suspended, pending your successful completion of the term of probation you would receive instead of going to jail or prison.

If the judge cannot grant you probation, the judge must sentence you to one of three terms of imprisonment under California’s Determinate Sentencing Law (Penal Code section 1170) unless the penalty for the crime of which you have been convicted carries a life sentence (meaning you could serve up to the rest of your life in prison), or the death penalty.

Who may qualify for formal probation under a suspended sentence?

The court at the time of sentencing must review California Rules of Court Rule 4.414 to determine whether or not you will be granted probation or sentenced to prison or county jail after a felony conviction.

Whether you qualify for felony (“formal”) probation will depend on the court reviewing the following factors pertaining to your case:

1.     The nature of the offense: how serious was the offense for which you have been convicted, including

• Whether you were armed with or used a weapon;
• The vulnerability of the victim;
• Whether you inflicted physical or emotional injury;
• The degree of monetary loss to the victim;
• Whether you were an active or a passive participant (e.g. you were coerced);
• Whether the crime was committed because of an unusual circumstance, such as great provocation, which is unlikely to recur;
• Whether the manner in which the crime was carried out demonstrated criminal sophistication or professionalism on your part; and
• Whether you took advantage of a position of trust or confidence to commit the crime.

2.     The nature of the offender, including:

• Prior record of criminal conduct, whether as an adult or a juvenile, including the recency and frequency of prior crimes, and whether the prior record indicates a pattern of regular or increasingly serious criminal conduct;
• Prior performance on probation or parole and present probation or parole status;
• Willingness to comply with the terms of probation;
• Ability to comply with reasonable terms of probation as indicated by the defendant’s age, education, health, mental faculties, history of alcohol or other substance abuse, family background and ties, employment and military service history, and other relevant factors;
• The likely effect of imprisonment on the defendant and his or her dependents;
• The adverse collateral consequences on the defendant’s life resulting from the felony conviction;
• Whether the defendant is remorseful; and
• The likelihood that if not imprisoned the defendant will be a danger to others

Why should you hire a California criminal defense lawyer if you are facing a felony charge?

If you or someone you care about is facing a felony charge, it is vital that you contact an attorney at Wallin & Klarich immediately. Our experienced and skilled attorneys may be able to help you to receive a suspended sentence where you serve a term of formal probation instead of jail or prison time. With offices in Orange County, Los Angeles, Torrance, Sherman Oaks, San Diego, Riverside, San Bernardino, Ventura, Victorville and West Covina, the criminal defense attorneys at Wallin & Klarich have aggressively protected the rights of our clients for over 40 years. We have the knowledge and experience to help you get the best possible result in your criminal case.

Call (877) 4-NO-JAIL (466-5245) today for a free phone consultation. We will get through this together.