Facing a felony for the first time

Most of the people Marcus defends in felony cases have never been charged with a crime before. They are parents, employees, students and business owners who are now facing something that feels impossible.

A felony is the most serious category of crime in California. A conviction can bring a jail or prison sentence, but the damage often goes further: a felony record can follow you into job interviews, professional license applications, rental applications and, for non-citizens, immigration proceedings. Still, many non-violent felony cases have more room to move than people expect. This page explains how felony cases generally work in San Diego County, where the important decision points are, and how a San Diego felony defense attorney can help you use them.

Felony, misdemeanor or wobbler: what the labels mean

California sorts crimes into three groups: felonies, misdemeanors and infractions. Under Penal Code section 17, a felony is a crime that can be punished by imprisonment in state prison or, for many non-violent offenses since the 2011 realignment law, by a felony term served in county jail under Penal Code section 1170(h). Every other crime is a misdemeanor or an infraction.

The label matters for far more than the possible sentence. It affects how the case moves through court, whether there is a preliminary hearing, what probation looks like, and what shows up on a background check years later.

Straight felonies and wobblers

Some offenses can only be charged as felonies. Many others are wobblers. Common non-violent wobblers include grand theft, second degree (commercial) burglary, forgery, receiving stolen property, vandalism above a certain damage amount, and a number of fraud and drug offenses. When an offense is a wobbler, the prosecutor decides how to file it, and the court has the power to make it a misdemeanor at several later points.

Why the label is not set in stone

People often assume that once a case is filed as a felony, it stays a felony. In wobbler cases that is frequently not true. Charges can be amended during negotiations, a judge can reduce the offense at the preliminary hearing or at sentencing, and a reduction can be requested after probation. Each of those moments is covered below, because planning for them from the first day can change where the case ends up.

The non-violent felonies Marcus focuses on

Marcus's felony work centers on non-violent cases, especially for people with no prior record. These can include:

• Insurance fraud, including claims after a car accident or a disputed loss
• White collar allegations such as embezzlement, forgery and other fraud charges
• Grand theft, commercial burglary and receiving stolen property
• Drug charges filed as felonies, such as possession for sale
• Felony DUI and repeat DUI cases
• Hit and run cases involving an injury
• Vandalism charged as a felony because of the amount of damage alleged

What these cases often have in common

In many non-violent felony cases, the real dispute is not whether something happened but what it means. Was there an intent to steal or deceive, or was it a misunderstanding, a bookkeeping error or a business dispute? Is the claimed value of the property accurate, or has it been inflated in a way that pushes the case into felony territory? Was the person who signed the document actually authorized to do so?

The evidence is often documents: bank records, emails, invoices, surveillance footage, insurance claim files and recorded statements. That kind of evidence rewards careful review. A timeline that looks damning in a police report can look very different once every record is laid out in order and the missing context is added.

Value and intent questions

For theft and fraud charges, value and intent are two of the most important issues. Value can decide whether a case is a misdemeanor or a felony, and how a sentencing judge views it. Intent is an element the prosecution generally has to prove, and it is often proven through inferences rather than direct evidence. Challenging those inferences, with documents and with your account of what happened, is a large part of defending these cases.

Facing a felony with no prior record

A clean history is one of the most valuable things you bring to a felony case. It does not make the charge go away, but it often shapes how prosecutors and judges view the person behind it.

Why a clean record matters

California sentencing rules recognize this directly. The California Rules of Court list a defendant's lack of a prior record, or an insignificant record, as a circumstance in mitigation, and a person's prior record is one of the criteria a judge considers when deciding whether to grant probation. In practice, a first-time defendant is often in a stronger position to ask for probation instead of custody, for a misdemeanor instead of a felony, or for a resolution that leaves room to clear the record later.

What mitigation can look like

Mitigation is the part of your story that is not in the police report. Depending on the case, it can include:

• Letters from employers, coworkers, family members and people in your community
• Proof of steady work, school enrollment or caregiving responsibilities
• Steps you have taken since the arrest, such as counseling, treatment or classes
• Money set aside toward restitution, where a loss is alleged
• Context about what was happening in your life at the time

Marcus gathers this material early, so it can be used in negotiations long before sentencing, not assembled in a rush at the end.

First felony, first time in court

For most first-time clients, the court system itself is unfamiliar. Part of Marcus's job is to explain each date in advance: where to go, what happens, whether you need to speak, and what to wear. Knowing what to expect takes a surprising amount of the fear out of the process.

How a felony case moves through San Diego County courts

Felonies in San Diego County are prosecuted by the San Diego County District Attorney's Office. Depending on where the case arose, it is usually heard at the Central Courthouse downtown, the East County Regional Center in El Cajon, the South County Regional Center in Chula Vista, or the North County Regional Center in Vista. Cases from Temecula, Murrieta, Lake Elsinore, Menifee and Perris go to the Southwest Justice Center in Murrieta. The steps below describe the general path; individual cases can move differently.

1. Investigation and the complaint

A felony case usually begins with an arrest or an investigation. The police or another agency then send a report to the District Attorney, which decides whether to file charges, what to file, and whether to file them as felonies or misdemeanors. The office may also decline to file or ask for more investigation. If you learn you are under investigation before any charges are filed, an attorney may be able to communicate with the investigator or prosecutor on your behalf. That does not always change the outcome, but in some cases it can influence the filing decision.

2. Arraignment on the complaint

The first court date in a felony case is the arraignment on the felony complaint. You receive a copy of the charges, enter a plea (almost always not guilty at this stage), and the court addresses release conditions. The prosecution begins providing discovery, such as reports and recordings. For a closer look at this first hearing, see what to expect at an arraignment.

3. Early disposition and readiness conferences

After arraignment, San Diego felony cases often have one or more early conferences before the preliminary hearing. They go by names such as disposition conference or readiness conference. In general terms, these dates are used to exchange discovery, discuss whether the case can be resolved, and confirm whether the preliminary hearing is going forward. An early offer is sometimes made at this stage. Whether to accept it, counter it, or keep going depends on what the evidence shows and what the offer would mean for your future.

4. The preliminary hearing

Before a felony case can go to trial, a judge (acting as a magistrate) holds a preliminary hearing to decide whether there is enough evidence to require you to stand trial. Under Penal Code section 859b, the hearing is generally required within 10 court days of arraignment unless you waive that time, and many defendants do waive it to give the defense room to investigate.

The standard at this hearing is much lower than at trial. Under Proposition 115, certain qualified officers can testify to what others told them, so the prosecution often presents its case through a single officer. Even so, the hearing can be valuable. It is a chance to question a key witness under oath, to lock in testimony, and to show the court where the evidence is thin. The magistrate can hold you to answer on all charges, dismiss some or all of them, or, for a wobbler, reduce the offense to a misdemeanor.

5. The information and arraignment in superior court

If you are held to answer, the prosecution files a document called an information, generally within 15 days, and you are arraigned on it. From that point, Penal Code section 1382 generally requires trial within 60 days unless you agree to a later date. Most defendants agree to more time so that motions and investigation can be completed.

6. Motions

Pretrial motions can shape or end a case. Common examples include a motion to suppress evidence from an unlawful search or seizure under Penal Code section 1538.5, a motion to set aside the information under Penal Code section 995 when the preliminary hearing evidence did not support the charges, and discovery motions to obtain records the defense needs. A judge also has the power under Penal Code section 1385 to dismiss charges in the interests of justice, although that power is used with care.

7. Trial

Many felony cases resolve before trial. When a case does go to trial, a jury of 12 decides whether the prosecution has proven each element beyond a reasonable doubt, and the verdict must be unanimous. You have the right not to testify, and that choice cannot be used against you. Marcus has secured multiple "Not Guilty" verdicts at jury trial, and he prepares every case with the possibility of trial in mind, because that preparation also strengthens the negotiating position.

8. Sentencing

If there is a conviction, by plea or verdict, the court generally orders a report from the probation department before sentencing in a felony case. The defense can submit letters, records and a written statement of mitigation, and you can address the judge if you choose. This is often where the work done in the first weeks of the case, learning and documenting your story, makes its biggest difference.

Reducing a felony to a misdemeanor under PC 17(b)

For a wobbler, Penal Code section 17(b) gives the court several ways to treat the offense as a misdemeanor. Once that happens, the offense is generally a misdemeanor for all purposes going forward. The opportunities arise at different points in the case.

At filing

The prosecutor can choose to file a wobbler as a misdemeanor from the start. Information provided early, before a filing decision is made, can sometimes help with that choice.

At or before the preliminary hearing

The magistrate handling the preliminary hearing can determine that a wobbler should proceed as a misdemeanor. The case then continues in the misdemeanor system.

At sentencing

When the court sentences you, it can impose a misdemeanor-level sentence or declare the offense a misdemeanor when granting probation. A reduction at sentencing is often part of a negotiated agreement, though a judge can also grant it over the prosecutor's objection in appropriate cases.

After probation

If the offense remained a felony at sentencing and you were granted probation, you can later ask the court to declare it a misdemeanor. These requests are commonly made after probation is completed, often together with a request to dismiss the conviction under Penal Code section 1203.4.

What judges consider

The decision is discretionary. The California Supreme Court has explained that judges look at the nature and circumstances of the offense, the person's background, attitude and character, and the general goals of sentencing. A record of steady work, completed conditions, restitution paid and a clean history since the case can all support a request. A 17(b) reduction is only available for wobblers; it does not apply to straight felonies.

Plea negotiations in a felony case

Most criminal cases in California end with a negotiated resolution rather than a trial. That is not a sign of giving up. A well-negotiated agreement can protect what matters most to you, and a weak offer can be declined.

What an agreement can include

• Dismissal of some counts or allegations
• A plea to a less serious offense, or to a misdemeanor instead of a felony
• An agreement that the court may reduce the offense under 17(b) at sentencing or after probation
• Probation instead of custody, or an agreed limit on custody
• An agreed restitution amount and payment arrangement
• A plea to an offense chosen with immigration or licensing consequences in mind

A judge must approve a plea agreement, and the court has its own role in deciding the sentence within the agreement's terms.

How Marcus evaluates an offer

Before recommending anything, Marcus weighs the strength of the evidence, the likely outcome at trial, the sentence each path could bring, and the consequences that fall outside the courtroom. For a nurse, the specific offense pleaded to may matter more than the length of probation. For a non-citizen, the wording of a plea can matter as much as the sentence. California law requires defense counsel to advise non-citizen clients about immigration consequences and to try to defend against them, and Marcus treats that as part of every negotiation.

The decision is yours

Whether to accept an offer or go to trial is your decision. Marcus's role is to make sure you understand every option clearly enough to make it.

Probation and felony sentencing

Many non-violent felonies are eligible for probation, particularly for people without a prior record. Felony probation, also called formal probation, is supervised by a probation officer and comes with conditions set by the judge.

Common probation conditions

Conditions vary, but often include obeying all laws, reporting to a probation officer, paying restitution and court-ordered amounts, completing classes or treatment, and in some cases search conditions or community service. Since 2021, California law has generally limited felony probation to two years for most offenses, with exceptions for certain offenses, including those whose own statutes set a probation term.

Realignment and county jail sentences

For many non-violent felonies, a custody sentence is served in county jail under Penal Code section 1170(h) rather than state prison. The court can also impose a split sentence, where part of the term is served in custody and the rest under mandatory supervision in the community. Whether this applies depends on the offense and the person's record.

Staying on track

Completing probation successfully is what opens the door to a later reduction and dismissal. If a problem comes up while you are on probation, such as a missed appointment or a payment you cannot make, deal with it early. See probation violations and warrants for how those situations are handled.

Diversion and alternatives where available

Diversion lets a case be paused while you complete a program. If you finish successfully, the charges can be dismissed, which can mean no conviction at all. Not every felony qualifies, and eligibility rules are specific, but these options are worth checking in every case.

Drug diversion under PC 1000

For certain drug possession offenses, Penal Code section 1000 allows pretrial diversion. When the program is completed, the charges are dismissed. Eligibility depends on the specific charge and on your record. See drug crimes for more.

Mental health diversion under PC 1001.36

When a qualifying mental health condition played a significant role in an alleged offense, Penal Code section 1001.36 may allow the court to grant pretrial diversion with treatment. Some serious offenses are excluded. This option requires documentation from a qualified professional and a careful presentation to the court.

Collaborative courts and other programs

San Diego Superior Court runs collaborative court programs for some people whose cases are connected to substance use, mental health or military service. Prosecutors may also offer their own programs for some lower-level cases. What is available changes over time and varies by case, so it is worth asking about early. Service members and veterans can also read about military diversion, which applies to many misdemeanors.

When the charge becomes a misdemeanor

If a wobbler is reduced or a felony count is replaced with a misdemeanor, a wider set of options can open up, including misdemeanor diversion. See misdemeanor defense for those options.

Proposition 47 and later changes

Proposition 47, approved by California voters in 2014, reclassified a group of lower-level theft and drug possession offenses as misdemeanors for most people. It remains an important part of how these cases are charged, and it has since been adjusted by later laws, so the details deserve care.

What Proposition 47 changed

In general terms, Proposition 47 made shoplifting, petty theft, receiving stolen property, forgery and certain check offenses misdemeanors when the value involved is 950 dollars or less, and it made simple possession of most controlled substances a misdemeanor. People with certain very serious prior convictions, or who are required to register under specific laws, can still face felony charges for these offenses.

Older convictions

Penal Code section 1170.18 allows people with older felony convictions for offenses that Proposition 47 reclassified to ask the court to redesignate them as misdemeanors. The original filing period has passed, but the law allows later applications when good cause is shown. If you have an older felony of this kind, it is worth reviewing.

Proposition 36 (2024)

In 2024, voters approved Proposition 36, which created felony exposure for some theft and drug possession cases where the person has two or more qualifying prior convictions, and in some cases allows the value of separate thefts to be added together. For most people with no prior record, the repeat-offense provisions do not apply, but the value rules can still matter. Because these provisions are recent, how they are applied in court is still developing.

Consequences beyond the courtroom

For many clients, the hardest part of a felony case is not the sentence but what a record can do afterward. These consequences should be part of every decision in the case, not an afterthought.

Jobs and background checks

California's Fair Chance Act generally bars employers with five or more employees from asking about conviction history before making a conditional job offer, and requires an individual assessment before withdrawing an offer because of a conviction. Even so, a felony can still appear on background checks and can be a barrier in many fields.

Professional licenses

Nurses, contractors, real estate agents, pharmacists, teachers and many other professionals hold licenses that can be affected by a conviction. Licensing boards have their own rules and timelines, and some require you to report an arrest or conviction yourself. California has narrowed how many boards can use older or dismissed convictions, but a felony can still trigger a review. Choosing the right plea, and planning for a reduction and dismissal, can matter a great deal here.

Immigration

For non-citizens, including green card holders, a felony conviction can affect status, future applications and travel. Federal immigration law uses its own definitions, so theft and fraud offenses can carry serious consequences even when they are misdemeanors under state law, and a later state dismissal may not remove the immigration effect. If you are not a U.S. citizen, tell your attorney at the start, before any plea is discussed.

Military service, security clearances and travel

A felony can affect enlistment, continued service and security clearance eligibility. Some countries, including Canada, can refuse entry to people with certain convictions. If your work or family life involves regular international travel, that should be part of the plan.

Housing, school and civic life

Landlords often run background checks, and some schools and financial aid programs ask about convictions. In California, people on probation can generally vote, and since 2020 people on parole can as well.

Reducing and dismissing a felony later

A felony conviction does not have to be the end of the story. California offers several ways to improve your record once a case is over.

Dismissal under PC 1203.4

If you were granted probation and completed it, or were discharged from it early, Penal Code section 1203.4 allows the court to set aside the conviction and dismiss the case. For people who fulfilled all conditions of probation, the relief is generally available as a matter of right; in other cases, the court has discretion. Felony sentences served under 1170(h) have a similar process under Penal Code section 1203.41.

Pairing 17(b) with 1203.4

For a wobbler, it is common to ask for both at once: a 17(b) reduction to a misdemeanor, and a 1203.4 dismissal. The result can be a misdemeanor conviction that has been dismissed, which can look very different on a background check than a felony.

What a dismissal does and does not do

A dismissal can help considerably with private employment, but it does not erase the case for every purpose. It generally still must be disclosed on applications for public office and for certain state licenses, and it can still count as a prior conviction if there is a new case. California has also created automatic record relief for some convictions in recent years, but it does not cover every case. See record sealing and expungement for more.

What to do now, and what to avoid

Steps that can help

• Write down your own timeline of events while your memory is fresh, and keep it private for your attorney.
• Collect documents that may matter: receipts, emails, texts, contracts, bank records, photos.
• Keep every court date and follow every release condition.
• Make a list of people who know you well and could write a letter if needed.
• If you are not a U.S. citizen or hold a professional license, tell your attorney right away.

Things to avoid

• Talking to investigators, insurers or the other side about the facts before speaking to an attorney.
• Posting about the case online or discussing it in texts or emails.
• Contacting witnesses or the alleged victim, especially where the court has ordered no contact.
• Deleting files or records, which can create new problems.
• Accepting an offer before you understand every consequence it carries.

Working with Marcus on a felony case

Marcus E. DeBose has defended San Diego clients since 2001 (State Bar No. 216328), and has been a partner at Tegnelia & DeBose, APC, the firm behind Email My Lawyer, since 2016. Early in his career he carried a caseload of 125 felony cases at one time, which gave him a close view of how felony cases move through San Diego courts and how prosecutors and judges tend to approach them.

Your story, told well

His approach starts with a long first conversation. He wants to know what happened, why it happened, and who you are outside of this case. When an otherwise good person is accused of a felony, there is usually a fuller story behind the police report. Marcus tells that story to the prosecutor and the judge, so they see the whole person and not just a charge.

Direct access, in English or Spanish

You work with Marcus directly, and you can reach him day or night when something comes up. He is bilingual in English and Spanish. Hablamos español. He represents clients at every courthouse in San Diego County, and at the Southwest Justice Center in Murrieta for southwest Riverside County. Learn more about Marcus.

If you have been charged with a felony, or think you may be under investigation, book a free consultation. You can meet Marcus at his Mission Valley office, which he prefers for a first meeting, or talk by phone or Zoom.

This page is general information about California law, not legal advice for your situation. Every case is different, and past results do not guarantee a similar outcome.