This page explains what a felony is in California, how a felony case moves through a Bay Area superior court, and the charge families Pelta Law handles. It is general information, not legal advice about any particular case.
01What a felony is in California
California divides crimes into infractions, misdemeanors and felonies. Under Penal Code section 17(a), a felony is a crime punishable by death, by imprisonment in state prison, or by imprisonment in county jail under Penal Code section 1170(h). Everything else is a misdemeanor or an infraction.
Many offenses are wobblers: the prosecutor may file them as a felony or a misdemeanor, and a judge may later reduce a felony wobbler under Penal Code section 17(b). Assault with a deadly weapon, criminal threats and grand theft are common wobblers.
Some felonies carry consequences beyond the sentence. Offenses listed in Penal Code section 667.5(c) are violent felonies and those in section 1192.7(c) are serious felonies. Both lists drive future sentencing under the Three Strikes law, and a violent felony also limits custody credits under section 2933.1.
Any felony conviction brings a firearm prohibition under Penal Code section 29800, and some convictions carry immigration consequences under federal law.
02How a felony case moves through a Bay Area court
A felony usually begins with an arrest or a warrant, followed by arraignment in the superior court of the county where the charge is filed. At arraignment the court reads the complaint, takes a plea and addresses release: bail, release on the person's own recognizance, or release with conditions.
The next stage is the preliminary hearing, where a judge decides whether there is enough evidence to hold the accused for trial.
The accused is entitled to that hearing within 10 court days of arraignment or plea, whichever is later, unless time is waived or the court finds good cause to continue. For a person who has remained in custody 10 or more court days solely on that complaint, the magistrate must dismiss the complaint if the deadline passes without a personal waiver or good cause.
If the judge finds probable cause, the prosecutor files an information and the case is arraigned again. Motions follow: a motion to dismiss under Penal Code section 995, a motion to suppress evidence under section 1538.5, and discovery disputes.
A felony trial must generally begin within 60 days of arraignment on the information or indictment unless the defendant waives time, consents to a later date, or the court finds good cause. Many felony cases resolve before trial, through a negotiated plea, diversion where the law allows it, a reduction or a dismissal.
In fiscal year 2024-25 the superior courts of the nine Bay Area counties reported 27,782 felony filings, per the Judicial Council of California, 2026 Court Statistics Report, Table 7a (fiscal year 2024-25). Santa Clara, Alameda and San Francisco carried the largest share of that workload.
San Francisco criminal cases are heard at the Hall of Justice, 850 Bryant Street. Alameda County criminal cases run through the Wiley W. Manuel and Rene C. Davidson courthouses in Oakland and the East County Hall of Justice in Dublin.
Santa Clara County hears criminal cases at the Hall of Justice in San Jose and at the Palo Alto Courthouse. San Mateo County criminal cases are heard in Redwood City and South San Francisco, and Contra Costa County's courthouses include the A.F. Bray Courthouse in Martinez.
Violent felonies
See the assault and battery page.
Domestic violence
Corporal injury to a spouse or intimate partner (PC 273.5) can be filed as a felony; battery on an intimate partner (PC 243(e)(1)) is a misdemeanor. Both bring protective orders and firearm prohibitions. See the domestic violence page.
Sex offenses
Felony sex charges often carry mandatory registration under PC 290, which can last for life depending on the tier. Pelta Law handles these cases from the first police contact, which is often before any charge is filed.
Weapons
Pelta Law handles possession of a firearm by a person with a prior felony conviction (PC 29800) and carrying a concealed firearm (PC 25400), which is a misdemeanor unless a condition listed in section 25400(c) makes it a felony or a wobbler.
Firearm enhancements attached to other counts can add years.
Robbery, burglary and theft
These charges include robbery (PC 211), first-degree residential burglary (PC 459), which is a strike, and grand theft (PC 487), generally a wobbler.
Theft of a firearm is a straight felony. Embezzlement, receiving stolen property and identity theft in the same file are handled as well.
Drug sales
Pelta Law handles possession for sale and transportation or sale of controlled substances (HS 11351, 11352, 11378, 11379). Sales charges are not covered by Proposition 47, and eligibility for diversion under PC 1000 turns on the charge. Details are on the drug offenses page.
Three Strikes and Romero motions
One prior strike doubles the sentence on a new felony; two can bring 25 years to life. A Romero motion invites the court to dismiss a prior strike under Penal Code section 1385 in furtherance of justice. See Three Strikes and Romero motions.
Pre-filing investigations and search warrants
Some clients call after a detective's message, a search or a target letter, and before any charge. Early representation shapes what is said to investigators and what is turned over before the prosecutor makes a charging decision. Search warrant affidavits are reviewed for defects that support suppression.
Juvenile transfer
When a prosecutor asks to try a minor as an adult, the juvenile court holds a transfer hearing under Welfare and Institutions Code section 707. Pelta Law handles those hearings and juvenile delinquency cases. See juvenile delinquency.
03What a former prosecutor looks for in a felony file
Charging decisions. A charging deputy reads the police report and decides which counts to file, whether a wobbler goes in as a felony, and which enhancements to allege. A defense review starts from the same page: which counts the evidence supports and which it does not.
Search warrant review. Warrant applications fail in predictable places: stale information, an informant with no track record, a scope broader than the probable cause, or an execution that went beyond the warrant. Those defects support a motion under PC 1538.5.
Discovery and the calendar. The file is checked against the prosecution's discovery obligations, including body camera footage, witness statements and lab work, and each court date is prepared with the next one in mind.
04Talk to Pelta Law about a felony charge
Call 415-963-1152 or email marc@peltalaw.com. Office: 1390 Market Street, Suite 200, San Francisco. Appointments by arrangement. Do not send facts of your case in an initial email. An inquiry does not create an attorney-client relationship.
This website is an advertisement for legal services. Marc Pelta, Pelta Law, San Francisco.