What is a Second Degree Felony in California?

California law does not categorize felonies based on degrees or classes, unlike many other states. However, crimes may be referred to, specifically, as first or second degree offenses, e.g., second degree murder or first degree rape. A felony is a more serious crime than a misdemeanor, punishable by imprisonment for not less than 16 months. The presence of aggravating factors may result in penalties such as death or longer jail terms that may include life imprisonment.

Judges decide sentencing terms based on the presence of aggravating or mitigating factors, as well as prior convictions (Cal. Penal Code § 667.5). Mitigating factors (such as the defendant being under 26 when the crime was committed, history of childhood, physical, or psychological trauma, and the defendant being a victim of human trafficking or domestic violence before or during the offense) are considered in reducing the severity of felony sentences.

Per Cal. Penal Code § 667.5(C), certain types of crimes, including murder or voluntary manslaughter and felonies punishable by death or imprisonment in a state facility, are categorically referred to as “violent felonies” or serious felonies, and are given special consideration during trial, evident in the increased severity of the sentences.

Which Crimes Are Considered Second Degree Felonies in California?

California Codes do not recognize first or second degree felonies as formal categories of crimes, although specific crimes like murder and robbery are categorized this way to emphasize their severity:

• Second degree murder: usually without premeditation or deliberation, but with malice aforethought. An example is death resulting from the commission of a dangerous felony.
• Second degree robbery: any robbery that is not a first degree robbery, as described in cal. Penal Code Section 212.5, Subdivisions A and B.

Other crimes not classified thus but bear similar weight before the law include arson, sexual assault, kidnapping, aggravated assault, voluntary manslaughter, burglary and attempted murder.

What is Second Degree Murder and How is it Classified in California?

Per California Penal Code § 189(b), second degree murder is defined as all other kinds of murder that do not qualify to be classified as a first degree murder. In essence, while first degree murders are deliberate, premeditated, and willful, second degree murders often lack the elements of deliberation or premeditation. Some characteristics of second degree murder in California include:

• They are committed with malice aforethought
• The means of commission is not specifically listed in the statute that describes first degree murder
• Resulted from extremely reckless behaviour without the intent to kill
• The murder does not occur during the commission of another serious felony

Per California Penal Code § 190, the following are possible penalties depending on the specifics of the case (aggravating factors include the use of a deadly weapon or if the victim is a law enforcement officer):

• Persons found guilty of second degree murder face a potential penalty of 15 years to life imprisonment.
• If the victim was a peace officer and the defendant knew, the minimum prison term is 25 years without parole.
• If the murder was committed by a firearm discharge from within a vehicle, at a victim outside the vehicle with the intent to inflict severe bodily injury, it is punishable by 20 years to life imprisonment.

California Second Degree Felonies Penalties and Punishments

In California, the penalties for second degree felonies depend largely on several factors, such as the age of the victim, if the victim was a peace officer, prior offenses, the number of victims, and the extent of property damage or personal injury inflicted. Confinement periods typically range between two years and life, with fines of up to $50,000.

For most second degree felonies, there is the possibility of parole or probation, although some cases require that a felon serves the minimum time of confinement applicable to their crime before parole is granted. Find a summary of some second degree felonies in the table below:

Are Second Degree Felony Records Public in California?

Yes. Under the California Public Records Act (CPRA), Californians have the right to request and copy records maintained by local and state agencies, including law enforcement and Department of Justice records. Criminal history records are not entirely subject to disclosure under the CPRA. Cal. Penal Code Section 11105 only authorizes disclosure of such records to record subjects, law enforcement agencies for law enforcement purposes only, and to certain regulatory agencies or employers.

Furthermore, the public availability of second degree felony records is subject to rules of court, other statute, and court orders that may restrict access to certain records. Some exemptions are as follows:

• Records pertaining to dismissed cases
• Information about abuse victims
• Investigative records
• Confidential legal advice
• Juvenile identifying information
• Social security numbers

How to Access Second Degree Felony Court Records in California

All criminal records, including second degree felony records are usually available through the office of the clerk of the court where the case was heard. Some courts maintain lookup tools on their websites for remote access while others provide public access terminals at the courthouse for use during business hours. Third-party websites also exist for this purpose.

To access records, one must be able to furnish the search with the name of the defendant, the case ID, or other information that may aid identification of the record in question. N/B: requests for confidential or sealed records will be denied. Also, a supposedly public record may be withheld at the record custodian’s discretion or in compliance with a court order.

Can Second Degree Felony Charges be Reduced or Dismissed?

California law permits convicted felons to dismiss or reduce felony charges upon completion of the sentences and any associated parole or probation. This does not apply to certain serious crimes like murder or sexual offenses in which registration as a sex offender is a requirement. Also, they must not have any pending new cases. Individuals can have their record dismissed or reduced under any of the following circumstances:

• If the offense was a wobbler offense (i.e. an offense that can either be a felony or misdemeanor, with county jail sentence as an option), the defendant can request a reduction under Penal Code section 17(b).
• If the defendant satisfies the terms and conditions of the probation or if they were granted early termination of probation.
• Crimes for which a person is incarcerated in a state prison and the conviction did not result in a requirement to register as a sex offender may qualify for dismissal 2 years after completion of prison sentence.
• Persons convicted a felony for drug possession (no transportation or sales) before November 2014 can have their charges reduced to a misdemeanor.

Eligible persons should initiate the dismissal process by completing Form CR-180 and Form CR-181 (submitted for a judge to sign). Aside from the conditions mentioned previously, a person may have their sentence or charges reduced through plea bargains. Affected persons should hire the services of an experienced criminal defense attorney to walk them through the legal processes and requirements.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in California?

California does not have actual expungement laws. The equivalent of an expungement under California’s criminal law is a dismissal (discussed in the previous header). If the charges did not result in a conviction, a suspect may request that the records be sealed under Penal Code § 851.91. Situations in which a person may qualify for sealing include:

• The defendant was found not guilty at trial
• A person was arrested but not charged to court
• The suspect was arrested and charged but the charges were dismissed
• The defendant completed a diversion programs and the charges were dismissed
• The charges were dismissed upon the completion of DEJ (deferred entry of judgement)

Note that arrests that fall into this category are usually sealed automatically. Notwithstanding, following through with sealing may have additional benefits. Affected persons should complete Form CR 409 and file it at the courthouse where the conviction was entered. For the best possible outcome, legal help is advised.

N/B: The following information is required for a sealing or dismissal application: the case number, the date of the conviction or arrest (for non-convictions), the county where the conviction took place, and the code section related to the conviction.

How Long Do Second Degree Felony Records Stay Public in California?

Depends largely on if the defendant was convicted or not. Per Cal. Penal Code § 851.93, second degree felony records may qualify for automatic cleaning if 3 years have passed since an arrest was made for a case that resulted in a non-conviction. If the charges were dismissed, the court automatically seals the associated records.

If the crime is punishable by confinement in a state prison for 8 years or more; the record may be cleaned automatically if at least 6 years have passed since the last action on the case and the case resulted in a non-conviction or acquittal. All other records remain on file until the subject reaches 100 years of age.