WHAT IS A LOW-LEVEL FELONY?

What is a low-level felony?

Victoria believes that everyone is presumed innocent until proven guilty and that everyone deserves a defense.

In fact, most of her jury trials have been felonies, because they are looking at time in custody.

Low-level felonies, also referred to as wobblers are crimes that fall between misdemeanors and more serious felonies and typically carry less severe penalties than serious felonies.

The idea is to reform the individual to reduce the rate of recidivism.

WHAT DO LOW LEVEL FELONIES CONSIST OF?

THEFT: Petty theft or shoplifting where the value of stolen goods is above $950, it is categorized as a felony.

DRUG POSSESSION: Possession of small amounts of controlled substances, often treated with leniency in some states. In contrast, a serious felony would be DRUG TRAFFICKING

ASSAULT:  Minor assaults that do not result in serious bodily injury also known as simple assault. In contrast, an assault such as a sucker punch resulting in injuries, is a SERIOUS FELONY.

CRIMINAL THREATS: Are also a wobbler. It can start off with innuendo, and bump up to “I’m going to kill you” the latter being the serious felony. The goal here would be to drop it down from serious felony to a misdemeanor and then go for diversion. Many factors will be considered for it to be reduced to a misdemeanor.

BURGLARY: Breaking and entering into a structure with the intent to commit a crime particularly if no weapons used, this would be a low-level felony. In contrast, a serious felony would be residential burglary when people are in the residence and a weapon is used.

WHAT TO DO IF CHARGED WITH LOW LEVEL FELONY OR A SERIOUS FELONY?

COUNT ON CLEMANS!

Do not spend all of your money on bond, she will most likely get you out at your arraignment.

Some of the penalties includes:

Probation with fines and CalTrans



Incarceration. Victoria’s primary goal is to keep you out of custody, and wobble it down to a misty which has exposure of one year, but most of the time if a misdemeanor is granted, she will get you diversion.

SERIOUS FELONIES:

SERIOUS FELONIES ARE CRIMES THAT ARE CONSIDERED MORE SEVERE THAN LOW-LEVEL FELONIES AND TYPICALLY CARRY HARSHER PENALTIES.

HOMICIDE: Has no statute of limitations, carries a maximum of life in prison. Second degree murder encompasses most murders. Special enhancements are the circumstances that bump it up to First Degree Murder. For example, laying in wait is a special circumstance.

VEHICULAR MANSLAUGHTER : Manslaughter is less serious than Second degree murder but it still has much greater penalties than low-level felonies (between 1 and 3  years for low-level) for manslaughter, it is a minimum of 15 years.

SEXUAL ASSAULT: Crimes that involve non-consensual sexual acts, which can range from sexual battery to rape. This can carry up to life in prison depending how serious i.e. a child under the age of 14 years can carry life.

Victoria has done them all and is here for you to investigate and get to the bottom of what happened.

Count on Clemans!