when is a felony a felony?

[bruce richards]

What is the name of your state? California. I have a 487 from over 25 years ago. I'm sure it was treated as a felony. I did do some time and parole for it but, my time spent in jail was less than a year. From my understanding of reading 17b of the penale code. A felony is only a felony when you do over a year, anything less is treated as a misdemeanor. Also is a rehabilitation center a prison just because its run by the CDC. lots of gray area in these codes. Im fileing for relief of dissabilities under 17b and would like to hear some feed back!

 

[calatty]

PC 17(b) does not say that anytime you serve less than a year, you are have been convicted of a misdemeanor, nor is that true. Under PC 17(b)(1) the offense is a misdemeanor if the court imposes a straight jail sentence. What courts usually do, however, is impose but suspend a prison sentence, and place the defendant on probation on the condition that he serve a certain amount of time in the county jail. In that case, the offense remains a felony.

 

[TYRIS]

What is the name of your state? California. I have a 487 from over 25 years ago. I'm sure it was treated as a felony. I did do some time and parole for it but, my time spent in jail was less than a year. From my understanding of reading 17b of the penale code. A felony is only a felony when you do over a year, anything less is treated as a misdemeanor. Also is a rehabilitation center a prison just because its run by the CDC. lots of gray area in these codes. Im fileing for relief of dissabilities under 17b and would like to hear some feed back!

-PC§ 17. Definition of a Felony
(a) A felony is a crime which is punishable with death or by imprisonment in the state prison. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions.


PC§ 18. Punishment for Felony Offense
Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a felony, or to be punishable by imprisonment in a state prison, is punishable by imprisonment in any of the state prisons for 16 months, or two or three years; provided, however, every offense which is prescribed by any law of the state to be a felony punishable by imprisonment in any of the state prisons or by a fine, but without an alternate sentence to the county jail, may be punishable by imprisonment in the county jail not exceeding one year or by a fine, or by both.


if i understand correctly, then you went to state prison and then were put on parole. if so, then you were convicted on a felony.

Tyris

 

[bruce richards]

It still may be questionable

Okay went to CRC in lew of state prison. CRC is suppose to be a Rehab center. Being sent there is not for punitive perposes according to the legistrature. also 17 of the penal code says if your sentence is in the discretion of the court and anything other than state prison is imposed? Or one can keep reading an be more confused. Also I went back to court and quote ( all matters concerning this case is dissmissed pusuint to 3200 of the welfare institutions code) 3200 wic shall have the same force and effect as 1203.4 of the penal code. I think the department of justice tends to make there own rules up. At some point with the right judge I hope will see it my way