Legal Question in Criminal Law in California

I have no idea what you are charged with, or what the facts are. Probably a good criminal defense lawyer will make all the difference in the world.

Many factors are considered and the things I list here are, by no means, exhaustive. 1) the charge 2)the facts surrounding the charge 3) the victim 4) the loss, if any 5) the defendants record 6) the DA filing the case 7) the DA resolving the case 8) How good of a lawyer you have and how hard they fight for you. I always advise a person looking at a criminal charge to seek PRIVATE COUNSEL. I wish you well........ David Wallin

The initial decision is made at charging by the DA. It can be reduced either at sentencing by the judge or by the judge after the defendant makes a motion, known as a 17(b) motion, based on Penal Code Section 17(b).