A felony case is decided at stages most people have never heard of. Bail is argued in minutes, the preliminary hearing happens once, and a strike allegation changes the arithmetic of everything after it. The earlier each stage is prepared, the more of the case there is left to win.
What you’re facing
These are the five things people actually say on the first call. Each one has an answer, and none of them require you to have decided anything yet.
A strike is a label with arithmetic attached — it can double a later sentence and limit credits. But strike allegations are chargeable decisions, not facts: they can be contested, struck under Romero, or negotiated away. The label is the beginning of the argument, not the end.
Bail is argued, not announced. A prepared motion — employment, family ties, no record, weak identification — can reduce it or convert it to release on conditions. Custody status also shapes the whole case: people fight better from outside.
Self-defense is a complete defense, not a mitigation — but it has elements, and the arrest report was written by whoever arrived after it ended. Relative size, defensive injuries, who called 911 and prior aggression by the other party are all evidence, and all gathered deliberately.
Not automatically, and not always as a felony. Wobblers can be reduced under 17(b), some counts resolve as misdemeanors, and how a disposition is worded decides what a licensing board sees. The record is negotiated as hard as the sentence.
Exploding offers are pressure, not deadlines. No offer is evaluated before the discovery is read, and no deal is taken before you understand exactly what it does to your record, your rights and your future exposure. That is a rule, not a preference.
Serious cases are won at stages that pass quickly — bail, preliminary hearing, motions. From the first call to the verdict you always know what is happening, why, and exactly where you stand.
Send the case review or call the 24/7 line. If you or your family are dealing with custody, bail is the first fight — and it is preparable.
A prepared bail argument — ties, employment, the weakness of the case — made at the earliest hearing. People defend better from outside.
Reports, forensics, identifications and enhancements read in full. Strategy and a flat fee confirmed in writing before anything is filed.
The preliminary hearing litigated, motions run, strikes contested — dismissal, reduction, or trial. Nothing is agreed without your say-so.
Attorney–client privilege attaches before you have hired anyone.
It is the one stage that happens once — and the first chance to cross-examine the case.
Every position, plea and motion is explained and agreed first.
From the case files
Charged with four strikes and ten felonies and facing 21 years in state prison, the client left with no jail and no prison time — probation and community labor. June 2026.
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Two felony criminal-threats counts — both strikes — reduced to misdemeanors at the preliminary hearing, with judicial diversion granted and dismissal in twelve months. March 2026.
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A felony assault case rejected by the District Attorney on the first scheduled court date — July 2026. A battery matter was likewise rejected pre-arraignment after a mitigation package.
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Five counts including assault and vandalism routed into mental-health diversion, all to be dismissed upon completion of counseling. December 2025.
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Four separate felony domestic-violence matters between December 2025 and July 2026 ended the same way: a mitigation package before the filing deputy, and the case rejected on the first scheduled court date.
↗Discuss your caseResults drawn from the firm's published Avvo case results (2025–2026). Case results depend on the unique facts and law of each case. Prior results do not guarantee or predict a similar outcome in any future matter.
First hours
The preliminary hearing is the one stage of a felony case that cannot be re-run — and it is closer than it looks.
Stage by stage
Six stages, and the early ones move fastest. This is the shape of a serious case from arrest to resolution — and where in that shape it is usually won.
| Case reference | Wobbler | Straight felony | With a strike allegation |
|---|---|---|---|
| Examples | PC 245(a)(1), 422 | PC 459 (residential), 211 | Serious/violent felonies, PC 1192.7/667.5 |
| Reducible to misd. | Yes — PC 17(b) | No | No |
| Later sentences | Standard | Standard | Doubled on a second strike |
| Custody credits | Standard | Standard | Limited — 20% on violent priors |
Ranges shift with enhancements, priors and county practice. Confirm against current statute before relying on any entry here.
Where cases turn
No defense is generic. These are the places a serious case most often turns once the reports, the forensics and the identifications are read side by side.
Start your case review →→Mistaken identification is the leading cause of wrongful conviction. Distance, lighting, stress, weapon focus and lineup procedure are all litigable — and the prelim is the first chance to test them under oath.
The primary-aggressor call is made at the scene in minutes. Relative size, defensive injuries, who retreated, who called for help and the other party’s history are marshalled against that snap conclusion.
A litigated prelim pins testimony down while memories are fresh, exposes the case’s soft points, and creates the transcript every later motion and cross-examination is built on.
Evidence that enters through an unlawful stop, search or interrogation leaves the same way. PC 1538.5 motions are argued on the record the prelim created.
Modern forensic evidence carries error rates, protocols and examiner judgment. Discovery of bench notes, proficiency records and lab accreditation turns certainty into argument.
Whether a prior counts as a strike, whether it was properly pled and proven, and whether the court should strike it under Romero are three separate fights, and all three are had.
Informants with consideration, co-defendants pointing outward and witnesses with their own exposure are cross-examined on exactly what their testimony buys them.
The full elements, presumptions and instruction references — folded so the page stays a page.
CALCRIM 875
CALCRIM 1600
Go deeper
The pages below go charge by charge. Each carries the same structure as this one: what it is in plain English, what it carries, and where it is fought.
PC 245(a)(1)
Assault with a deadly weapon The most common serious-felony filing — a wobbler where manner of use is everything. Page in preparation
PC 211
Robbery Theft plus force or fear. The added element is where these cases are fought — and reduced. Page in preparation
PC 459
Residential burglary Entry with intent. A straight felony and a strike — intent at the moment of entry is the battlefield. Page in preparation
PC 422
Criminal threats Words as a wobbler — immediacy, specificity and sustained fear are each contestable elements. Page in preparation
PC 187
Homicide Degrees, theories and lesser-included offenses — where the difference between counts is measured in decades. Page in preparation
Three Strikes
Strike allegations & Romero The sentencing architecture over everything else — contested prior by prior. Page in preparationFrom the desk
Felonies & Violent Crimes · 6 min read
What Counts as a Strike in California — and What It Does to a Case “Strike” is the scariest word in a California felony file. Here's precisely what it means, the arithmetic behind it, and the three separate ways it gets fought. Read the article ↗
Felonies & Violent Crimes · 5 min read
The Preliminary Hearing: The Most Important Day of a California Felony Case It happens once, it happens early, and it's routinely waived by people who never learn what it was worth. Here's what a litigated prelim actually buys. Read the article ↗
Common questions
California lists serious felonies in PC 1192.7 and violent felonies in PC 667.5. A prior conviction from those lists, properly pled and proven, becomes a strike — doubling later sentences and limiting credits. Whether a specific prior qualifies is frequently contestable.
Rarely, and never by default. The prelim is the first chance to cross-examine the case under oath and build the transcript later motions rest on. Waiver is occasionally strategic — but it is a decision made with counsel, not a box checked.
Wobblers can — under PC 17(b), at several points in the case and even after probation. Straight felonies cannot, which is why what the charge is matters as much as what the sentence is.
Off a county schedule, adjusted by argument — flight risk, ties, record, and the strength of the case. A prepared bail motion with employment and family documentation routinely moves the number or converts it to release on conditions.
No — and you should not without counsel. Identification of yourself aside, you have the right to remain silent and to have a lawyer present. Detectives conducting a follow-up call are building the People’s file, not yours.
Nothing is required. Most useful: the booking or case number, bail paperwork, court dates, names of witnesses, and — if you were injured — photographs taken now, while they show.
Before the preliminary hearing · while it still shapes the case
The first conversation is free, confidential, and with Aaron — not an intake service. If a prelim or bail hearing is coming, we will tell you in the first minute what can still be done with it.
Draft — pending firm verification
Prepared 28 July 2026 by ByteZero Marketing for review by the Law Office of Aaron P. McAllister.
Primary sources: Pen. Code §§ 245, 211, 459, 422, 187, 995, 1538.5, 17(b), 667(b)–(i), 1170.12, 1192.7, 667.5, 1385; CALCRIM 875, 1600, 1700; People v. Superior Court (Romero) (1996) 13 Cal.4th 497.
Figures are statutory ranges and are affected by priors, enhancements, and county practice.
Nothing on this page is legal advice, and no attorney–client relationship is created by reading it.
To be revisited if the statutes, jury instructions, or county procedures change.