Legal Question in Criminal Law in California

You can have a felony with no probation, although that's rare. The sentence isn't the determining factor on what you were convicted of. If this was in Orange County, you can look online to see what their records show, or better yet you can go to the courthouse and ask to see your file. That will show what the true outcome is. As a final check, you can request your own background from the Department of Justice. See http://www.joedane.com/featured/how-can-you-find-whats-on-your-background-check/ for details on how to obtain it.

If this is an Orange County case and you still can't figure it out, call me at my office tomorrow afternoon and I can look it up.

I disagree. I believe your public defender is right.

Penal code Section 17(b)(1) states:

"(b) When a crime is punishable, in the discretion of the court,

either by imprisonment in the state prison or imprisonment in a

county jail under the provisions of subdivision (h) of Section 1170,

or by fine or imprisonment in the county jail, it is a misdemeanor

for all purposes under the following circumstances:

(1) After a judgment imposing a punishment other than imprisonment

in the state prison or imprisonment in a county jail under the

provisions of subdivision (h) of Section 1170".

Thus it is a misdemeanor unless there was a state prison or a 1170(h) sentence. There are three types of sentences that meet this criteria. 1) a sentence directly to state prison. When you get out you are on parole. 2) an imposition of sentence suspended sentence. (ISS). Under this type of sentence you are placed on probation and if you violate your probation the judge has the option of sending you to prison. 3) an execution of sentence suspended sentence (ESS) Under this type of sentence the judge sentences you to a specific term in state prison. Theoretically if you violate your probation the judge then automatically imposes the sentence previous ordered.

Assuming that you are right and that you were not sent to prison or given an 1170(h) sentence and that you were not put on probation (an ISS or an ESS sentence) then I believe it was a misdemeanor. At the same time it may be a good idea to check with the court to see what's in the file or better yet get a copy of your rap sheet.

As an added note I would point out that public defenders are not always bad attorneys. Without knowing more about the case it sounds like this one got you a great deal.

Wobblers can be charged as felonies, but if you did no do prison time, you can usually reduce a felony to a misdemeanor after complying with probation and other sentencing terms.