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Felony defense

Facing a felony for the first time

A felony charge can threaten your job, your savings, your family and your freedom. Marcus E. DeBose focuses on non-violent felony cases for people with no prior record, and he has defended San Diego clients since 2001.

Most of the people Marcus defends in felony cases have never been charged with a crime before. They are parents, employees 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 affect employment, professional licenses, housing, and for non-citizens, immigration status. That is why the way a felony case is handled from the very beginning matters.

A defense built on your story

Marcus's approach is simple. He spends real time with you at the start, finding out what happened and why. When an otherwise good person is accused of a crime, there is almost always a fuller story behind the police report. He then tells that story to the prosecutor and the judge, so they see the whole person and not just a charge.

Early in his career Marcus carried a caseload of 125 felony cases at once, so he has seen how cases move through San Diego's courts and how local judges and prosecutors tend to approach them. He has also secured multiple "Not Guilty" verdicts at jury trial.

Felonies Marcus often handles

His focus is non-violent felony charges, especially for people with no prior record. These can include:

Wobblers and reductions

Many California offenses are "wobblers", meaning they can be charged as either a felony or a misdemeanor. The prosecutor makes the first decision, but it is not always the last word. Under Penal Code section 17(b), a judge may reduce a wobbler to a misdemeanor in many circumstances, either during the case or later on.

17(b)

A felony charge is not always a felony conviction. Depending on the offense and your history, it may be possible to argue for a misdemeanor from the start, or to seek a reduction later, for example after probation.

How a felony case generally moves

  1. Arraignment. You hear the charges and enter a plea. The court also addresses release conditions.
  2. Preliminary hearing. A judge decides whether there is enough evidence for the case to go to trial. This can be an early chance to test the prosecution's witnesses and evidence.
  3. Pretrial negotiation and motions. Evidence is reviewed, weaknesses are raised, and the prosecutor may be willing to reduce or dismiss charges.
  4. Resolution or trial. Many cases end without a trial. When a trial is the right path, the case is presented to a jury.

Looking beyond the case

For many clients, the goal is not only to get through the case but to protect the life they have built. That may mean seeking a result that avoids a felony on your record, or planning for a dismissal or record sealing once the case and any probation are complete.

If you have been charged, or think you may be under investigation, book a free consultation. You can meet Marcus at his Mission Valley office, 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.

Felony questions

General answers only. For advice about your case, talk to Marcus.

What is a wobbler?

A wobbler is an offense that California law allows to be charged either as a felony or as a misdemeanor. Many theft, fraud and drug-related offenses are wobblers. How the case is charged, and whether it can later be reduced, can make a large difference to your future.

Can a felony be reduced to a misdemeanor in California?

In many wobbler cases, yes. Under Penal Code section 17(b), a judge may reduce a wobbler to a misdemeanor, either during the case or later, for example after probation. Whether it is possible depends on the offense and the circumstances.

What happens at a preliminary hearing?

In a felony case, a judge hears evidence to decide whether there is enough to require you to stand trial. It is often the first chance to test the prosecution's evidence and to question its witnesses.

I have no record. Does that matter?

It often matters a great deal. A clean history, steady work and family responsibilities are part of the story Marcus tells the prosecutor and the judge, and they can influence charging, negotiation and sentencing decisions.

Free consultation

Ready to take the next step? Talk to Marcus today.

Whether you were arrested last night or you have a court date coming up, the earlier you call, the more options you may have.

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