In California, does a person become a felon when he/she enters into a plea agreement?

Question

If a defendant signs a plea agreement in the State of California when is he/she considered a felon? Immediately or after sentencing?

(sentencing date 3 months after plea agreement signed)

Answer 1

I am afraid the question needs to be more specific. Even assuming that the defendant has entered a plea to a felony charge, that is not a "conviction" for ALL purposes in California. The verdict or plea does constitute a conviction for MOST purposes, but not all. For example, a person convicted of some offenses is disqualified from office, but that does not apply at verdict or plea, or even sentencing, but upon finality, including appeals.

Answer 2

It depends on whether the person is sentenced for a felony or a misdemeanor. Often you can enter a plea agreement to a misdemeanor. If your are found guilty of a felony, you are a felon. You are not if you plea to a misdemeanor. You would be a misdemeanant.

Answer 3

When you enter a plea agreement, you are convicted of the crime to which you enter a guilty plea. If that crime is a felony, you are then a convicted felon. Someone convicted of a felony, but not yet sentenced, is still a convicted felon.

Answer 4

If the defendant pleads guilty to a felony at the time of the plea, not sentencing.

If the defendant was charged with a felony and pleads to a misdemeanor he is not a felon.

Answer 5

A person becomes a felon upon finding of guilt to a felony charge. Sentencing does not matter at all.

Answer 6

Oh contrare ! I don't believe one has anything to do with the other, unless the judge adds his or her own spin to the verdict.

Prosecuters often throw deals on the table to get to the bigger fish, by letting the rat off the hook, if he is willing to provide testimony that will nail the big fish.