Bay Area Felony Defense Lawyer
A felony charge puts your freedom, your record, and your future on the line. Summit Defense fights felony cases across the Bay Area from the first call—working to get charges dismissed, reduced to misdemeanors, or resolved without prison time.
Call us day or night for a free and confidential case review to discuss your options.
Featured Case Result
Three-strike felony charges – probation, romero motion granted
A client with two prior strikes faced new felony offenses, exposing him to life under California’s Three Strikes Law. Richard Weese filed a Romero motion to strike a prior conviction and argued for leniency. The court granted the motion, and the client received probation with credit for time served.
Charged With a Felony in the Bay Area? Protect Your Freedom Now
A felony is the most serious category of crime in California. Under Penal Code §17(a), a felony is any offense punishable by death, state prison, or more than a year in county jail under Penal Code §1170(h). A conviction can mean years of custody, a strike on your record, a lifetime firearm ban, and lasting damage to your job, professional license, housing, and immigration status.
The good news: a felony charge is not a felony conviction. Many California felonies are “wobblers” that can be reduced to misdemeanors, many cases can be resolved through diversion, and many are won outright when the evidence is tested. The earlier an experienced defense attorney gets involved, the more of those options stay open.
Our attorneys regularly defend felony cases at the Santa Clara County Hall of Justice in San Jose, the René C. Davidson Courthouse in Oakland, the East County Hall of Justice in Dublin, the Hall of Justice at 850 Bryant in San Francisco, the San Mateo County Hall of Justice in Redwood City, the Marin County Civic Center in San Rafael, and Sacramento County Superior Court.
Call Summit Defense now for a free, confidential felony case review.
Common Felony Charges We Defend
Assault With a Deadly Weapon — Penal Code §245(a)(1)
A wobbler punishable by up to four years in state prison when charged as a felony. Prosecutors often overcharge ordinary objects as “deadly weapons.” Learn more about assault with a deadly weapon defense.
Robbery — Penal Code §211
Robbery is always a felony and a strike. Second-degree robbery carries two, three, or five years in state prison. Identification errors and disputes over whether force or fear was used are frequent defenses. See our violent crimes defense practice.
Burglary — Penal Code §459
First-degree (residential) burglary is always a felony and a strike, punishable by two, four, or six years in state prison. Commercial burglary is a wobbler, and many shoplifting-type cases qualify for reduction under Proposition 47.
Felony Domestic Violence — Penal Code §273.5
Corporal injury to a spouse or partner is a wobbler carrying up to four years in state prison. These cases often rest on a single statement made in the heat of the moment. Learn about corporal injury defense and domestic violence defense.
Criminal Threats — Penal Code §422
A wobbler and a strike when charged as a felony. The prosecution must prove the threat was specific, unequivocal, and caused sustained fear—an element that is often weak.
Felony DUI — Vehicle Code §§23153, 23550
A DUI causing injury, or a fourth DUI within ten years, can be filed as a felony with prison exposure and great bodily injury enhancements. See felony DUI defense.
Drug Sales and Trafficking — Health & Safety Code §§11351, 11352
Possession for sale and transportation for sale are felonies with two to nine years of exposure. Many cases turn on illegal searches. Visit our drug crimes defense page.
Grand Theft — Penal Code §487
Theft of property worth more than $950 is a wobbler punishable by 16 months, two, or three years. Value, intent, and ownership are all open to challenge.
Felon in Possession of a Firearm — Penal Code §29800
A felony carrying 16 months, two, or three years. Unlawful searches and constructive-possession problems are common defenses.
Murder and Attempted Murder — Penal Code §§187, 664
The most serious charges in California demand immediate, experienced representation. Learn about our homicide defense.
Felony Defense
Criminal Defense Lawyers Near You
Our Locations
All LocationsSummit Defense Attorneys are available to meet with you at one of our eight offices conveniently located throughout the Bay Area.
Felony vs. Misdemeanor: Why the Label Matters
Many California crimes are wobblers, meaning the prosecutor can file them as either a felony or a misdemeanor. Even when a wobbler is filed as a felony, the judge can reduce it to a misdemeanor at the preliminary hearing, at sentencing, or after probation under Penal Code §17(b). A reduction can mean no prison exposure, no strike, and a far better background check.
Felony Penalties and Consequences in California
- Custody: Most felonies carry a sentencing triad (for example, two, three, or four years). Since 2022, judges generally cannot impose the upper term unless aggravating facts are admitted or proven beyond a reasonable doubt.
- Strikes: Serious and violent felonies count as strikes under California’s Three Strikes law. A second strike doubles the sentence; a third can mean 25 years to life.
- Enhancements: Gun use, great bodily injury, gang allegations, and prior prison terms can add years on top of the base sentence.
- Firearms: A felony conviction brings a lifetime ban on owning or possessing a firearm under Penal Code §29800.
- Immigration: Many felonies are aggravated felonies or crimes involving moral turpitude that can lead to deportation. See our consequences of a criminal conviction guide.
- Career and licensing: Nurses, teachers, contractors, real estate agents, and other licensed professionals face separate discipline after a felony conviction.
How a Felony Case Moves Through Bay Area Courts
- Arrest and bail: Bail must account for your ability to pay. We can push for release on your own recognizance or reduced bail at arraignment. If a loved one is in custody, see our Santa Clara County Jail and Santa Rita Jail guides.
- Arraignment: You are formally charged and enter a plea. This is the first chance to argue for release and begin negotiating.
- Preliminary hearing: A judge decides whether there is enough evidence to hold you to answer. Strong preliminary hearing work can get charges dismissed or reduced before trial.
- Pretrial motions: Motions to suppress evidence (Penal Code §1538.5), challenge identifications, or strike priors can change the entire case.
- Trial or resolution: We prepare every case for trial. That preparation is what produces dismissals, reductions, and favorable plea offers.
Sentences for the same felony can vary widely from county to county. See our analysis of sentencing disparities across Bay Area counties.
Defenses and Alternatives to Prison
Constitutional violations: Illegal stops, searches, and interrogations can lead to suppressed evidence. Learn about search and seizure law and Miranda rights.
Self-defense and defense of others: Many assault and weapons cases are lawful self-defense.
Mistaken identity and weak evidence: Eyewitness errors, unreliable informants, and gaps in digital evidence create reasonable doubt.
Mental health diversion (Penal Code §1001.36): Many felony defendants with a qualifying mental health condition can complete treatment and have the charges dismissed.
Wobbler reduction and probation: Even when a conviction is likely, we fight for misdemeanor treatment, probation instead of custody, and outcomes that keep your record clear. Afterward, many felony convictions can be cleared through expungement and record sealing.
Why Hire Summit Defense for a Felony Case
Felony cases are won or lost early. We move quickly to protect you from police interviews, preserve evidence, investigate the case independently, and negotiate with prosecutors before charges harden. We prepare every case as if it will go to trial, because that is what earns real leverage. Review our case results or learn about choosing a defense lawyer.
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Facing a felony? Schedule your free consultation with a Bay Area felony defense lawyer today.
Let us help you fight for your future
Bay Area Felony Defense FAQ
Is my felony charge a wobbler?
Many California felonies are wobblers, including assault with a deadly weapon, corporal injury to a spouse, criminal threats, grand theft, and commercial burglary. A wobbler can be reduced to a misdemeanor under Penal Code §17(b). An attorney can tell you whether your charge qualifies and when to ask for a reduction.
Can a felony charge be reduced to a misdemeanor?
Yes, if it is a wobbler. The prosecutor can agree to refile it as a misdemeanor, or the judge can reduce it at the preliminary hearing, at sentencing, or after probation is completed.
Will I go to prison for a felony in California?
Not necessarily. Many felony cases end in dismissal, misdemeanor reduction, diversion, or felony probation with no prison time. Outcomes depend on the charge, your record, the county, and the strength of the evidence.
What is a strike?
A strike is a conviction for a serious or violent felony listed in Penal Code §§1192.7(c) and 667.5(c), such as robbery, residential burglary, criminal threats, or assault with a deadly weapon. Strikes double or triple future sentences, so avoiding one is often a top priority.
What happens at a felony preliminary hearing?
A judge hears evidence to decide whether there is probable cause to hold you for trial. It is the first chance to test the prosecution’s witnesses, and it can lead to dismissal or reduced charges.
Can a felony be expunged in California?
Many can. If you were granted probation, you may petition for dismissal under Penal Code §1203.4 after completing it. Wobblers can often be reduced to misdemeanors first. Some county jail felonies qualify under §1203.41.
Should I talk to the police if I am under investigation for a felony?
No. Politely decline to answer questions and ask for a lawyer. Statements made before you have counsel are often the strongest evidence against you.
How much does a felony defense lawyer cost?
Fees depend on the charge, the county, and whether the case goes to trial. Summit Defense offers a free consultation and flexible payment plans.
Let us help you fight for your future.
When you or a loved one has been charged with a crime, you need to act quickly. Your future depends on the kind of defense you can build, and time is not on your side. Connecting with a Bay Area criminal defense lawyer from Summit Defense can give you a better chance at getting your charges dropped, reduced, or dismissed altogether. We offer in-office visits, but you are welcome to request in-home consultations.
Contact Us Now For a Free Consultation