What to Do When Facing a Felony Charge: Essential Steps and Strategies

Understanding Felony Charges

In California, felonies are the most serious type of criminal offense—punishable by imprisonment in state prison for more than one year. Certain felonies, known as “strike offenses,” can also lead to enhanced penalties for future convictions under California’s “Three Strikes” law.

Immediate Steps to Take After Arrest

1. Stay Silent and Calm

Anything you say can and will be used against you. Politely decline to answer questions until you have an attorney present.

2. Request an Attorney Immediately

The earlier you involve a defense lawyer, the better your chances of protecting your rights and shaping the case’s direction. Early representation can prevent mistakes that might hurt your defense later.

3. Avoid Discussing the Case

Do not talk about your case with friends, family, or on social media. Prosecutors and investigators often monitor communications for statements that can be used against you.

4. Collect Information

Note details about your arrest, officers involved, witnesses, and any statements made. These small details may become vital to your defense.

Know and Protect Your Rights

• The Right to Remain Silent: You are not required to answer police questions beyond providing identification.
• The Right to an Attorney: Exercise this right immediately to avoid self-incrimination or misunderstandings.
• Protection from Unlawful Searches and Seizures: Evidence obtained illegally can often be excluded from your case.
• The Right to a Fair Trial: Every defendant is presumed innocent until proven guilty beyond a reasonable doubt.

Building an Effective Defense

Defending a felony case requires an attorney who understands both courtroom tactics and investigative strategy. William Hovsepyan has decades of experience handling serious felony cases in Los Angeles County courts, from assault and robbery to capital murder.

Key Defense Strategies Include:

• Challenging the Evidence: Examining the legality of searches, warrants, or confessions.
• Investigating Witnesses: Identifying inconsistencies or motivations that undermine credibility.
• Filing Pretrial Motions: Seeking to suppress unlawfully obtained evidence or dismiss charges outright.
• Negotiating Strategically: Pursuing reduced charges, alternative sentencing, or plea agreements when beneficial.

Common Felony Offenses

Felonies encompass a wide range of serious offenses. Each carries unique penalties and defense challenges:

• Violent Crimes: Assault with a deadly weapon, robbery, or homicide.
• Drug Offenses: Trafficking, manufacturing, or possession with intent to sell.
• Weapons Charges: Possession or use of firearms by prohibited persons.
• Sex Crimes: Rape, sexual assault, or possession of illegal materials.
• Property Crimes: Grand theft, burglary, arson, or embezzlement.

What to Expect in Court

1. Arraignment: Formal reading of charges; enter a plea of not guilty.
2. Preliminary Hearing: The prosecution must show probable cause to proceed to trial.
3. Pretrial Motions: Your attorney may file motions to suppress evidence or dismiss charges.
4. Trial: Both sides present evidence before a jury or judge.
5. Sentencing: If convicted, penalties can include imprisonment, fines, probation, or restitution.

Quick FAQs

What qualifies as a felony in California?

Any crime punishable by more than one year in state prison or by death is a felony under California law.

Can a felony be reduced to a misdemeanor?

Yes, some “wobbler” offenses can be reduced under Penal Code §17(b), depending on the facts and sentencing.

Will a felony conviction stay on my record forever?

Felonies generally remain on your record, but expungement, reduction, or post-conviction relief may be possible.

What should I do first after being charged?

Exercise your right to remain silent and contact an experienced criminal defense attorney immediately.