Assuming the inmate is getting half-time, he will do 341 more days. What rights are restored by expungement? At times a felony can be punishable by a prison sentence of sixteen months or up to life in prison. Gun ownership. Contact Esfandi Law Group now, and save yourself (or a loved one) a jail or prison sentence. This kind of class 6 felony has the best chance of being reduced to a misdemeanor. So this means the maximum amount of actual time you will serve is six months out of a one year sentence. However, even if a Class 6 felony is being charged as a misdemeanor, the 7-year period is used.[21]. Those would be infractions, misdemeanors, and felonies. Class D covers the least serious crimes. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. If a crime or public offense is punishable in the discretion of the court by a sentence as a class 6 felony or a class 1 misdemeanor, the offense shall be deemed a misdemeanor if the prosecuting attorney files any of the following: 1. They were so pleasant and knowledgeable when I contacted them. Searches of the offenders person or property with or without a warrant. Felony in Virginia: Felony is considered as a serious crime than a misdemeanor. In many cases, your lawyer and the prosecutor can work together to bring this charge down to a misdemeanor. These deportable crimes typically include, Learn more about the criminal defense of immigrants in Colorado.4, Convicted felons lose their right to own or possess firearms in Colorado. orders must have been followed. An expungement can dismiss a conviction of a plea of guilty, a no Factors a prosecutor will consider when deciding whether to charge a wobbler as a felony or a misdemeanor include: Example: Burglary of an uninhabited or commercial structure is considered second degree burglary.6Second degree burglary is a wobbler offense. You can find out more from the Law of the United States and you can also learn more from the Department of Correction's Office of Victim Services. When a statute calls for punishment pursuant toPenal Code 1170(h), the judge can sentence the defendant to a county jail term of: Generally, a California felony offender will receive the middle term. If you are charged with a felony, the class 6 felony would be considered the best one to be charged with. Example: California law definesfirst degree burglary asburglary of an inhabited house or dwelling structure.3First degree burglary is always a felony. A California DUI felony is a law that is special to California. California parole laws are similar to probation laws. No matter what class a felony falls under, the state can impose additional prison time, fines, or both. Copyright 2023 GovernmentRegistry.org All Rights Reserved. If the prosecutor proves multiple aggravating factors, though, the prison term can be longer than the maximum. In Arizona for example,ARS 13-604says that someone convicted of a class 6 felony may have it reduced to a class 1 misdemeanor if it is not a violent or dangerous offense. Prosecutors can decide to charge wobblers as felonies or misdemeanors. Technically, a sentence of formal probation can include up to one year in county jail. The conviction was not for certain sex offenses or violent crimes. states, California classifies its felonies into named categories: White The parole board isn't required to let them out it can just consider their cases sooner. This means that the accused can be charged within, This is a felony charge that is undesignated as a felony at the time of the charge. Physically attacking emergency personnel with the use of a dangerous substance or weapon. Receiving one penalty does not exclude the possibility of receiving the other; you may be required to serve time in jail and pay a fine, not necessarily only one or the other. It simply states that the offense may be punished pursuant to California Penal Code 1170(h) PC. A person who goes to state prison is not eligible to get the conviction expunged. This is also sometimes called an open felony. criminal damage that causes between $250 and $2,000 of losses. It can be punished either: California wobbler offenses that can be charged as a felony include (but are not limited to): Consequences of a felony conviction in California can include county jail time or California state prison time. 99 Free standard shipping Choose options Ocean Ave Women's Yoga Scrub Pants Ave 39 +4 options Extended sizes offered $28. App. There are many different things that can be considered class 6 felonies, from promoting a pyramid scheme to practicing a profession as an electrician without the correct training or an active license. You can get a class 6 felony for telling an officer the wrong address. This occurs if someone makes a threat to commit a crime that would result in the death, terror, serious injury, or serious physical property damage. Note that in Los Angeles County, courts must grant probation in probation-eligible felony cases absent extraordinary circumstances.10. There are approximately 200 crimes that rank as class 6 felonies. If the charge is classified as extraordinary risk, the maximum prison term is two years. The offender was not sentenced to incarceration, The offender is not currently charged with, on probation for, or serving a sentence for a criminal offense, and. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Menu Close Menu. Shouse Law Group has wonderful customer service. Ability to travel abroad. dismissal, a rejection, and the lack of filing of papers can be cleared By contrast, the low termis used whenthere are factors in mitigation of the crime. This kind of class 6 felony has the best chance of being reduced to a misdemeanor. Number of historical prior felony convictions, Historical previous convictions for a felony-level dangerous offense. Class 6 felony convictions may be sealed in Colorado three years after the case ends. The violation may be ignored if it was done under good reason. After that, the offender will be sent to jail for the crimes maximum sentence. While eleven states have 7-year rules stating that employers cannot ask about criminal convictions older than seven years California is the only state that does not have an income exemption. Learn more about this kind of felony and what its implications are for those accused. released along with the prosecution and arrest records. Shouse Law Group has wonderful customer service. What are the requirements for expunging a conviction? 4.2. driving under the influence charge for the fourth offense in ten years. In Arizona, felonies fall under one of six different classes, with a Class 6 felony being the lowest level offense. Felony crimes can lead to the imposition of the biggest punishment often meted to offenders which is jail or prison sentence (greater than 12 months) and payment of fines that is higher than $1,000. You may not own or possess a gun (sometimes for 10 years, at other times for life), If your felony was a sex crime, you will be required to, Your offense may count as a strike under Californias three strikes law. If an individual is convicted of felony 6 under his or her resident state's laws, a separate hearing might be held after the individual's trial and verdict. We do not handle any of the following cases: And we do not handle any cases outside of California. Probation is required for certain drug-related felonies like: People convicted of non-dangerous class 6 felonies may be eligible for probation. It is normal to be frightened and overwhelmed following an arrest. For more information, please see our article on How to Restore Your California Gun Rights.. the conviction was for a dangerous crime against a child. States classify felonies in a variety of ways. A straight felony is one that can be charged and sentenced only as a felony. 6. Commonexamplesof class 6 feloniesinclude criminal impersonation, third-degree assault and indecent exposure. Crimes in California are divided into one of three categories. One of the most standard repercussions is time in prison. Also see our articles on the Colorado crimes of first-degree assault (CRS 18-3-202), sexual assault (CRS 18-3-402), and vehicular homicide (CRS 18-3-106). Call our law firm for legal advice. Convictions generally come with between 4 months and 2 years in prison, though some factors can increase the sentence to up to 6 years. If youre charged with a class 6 felony, these are some things you should know about your case. They frequently come with a longer prison sentence. Stealing $1,000 to $2,000 worth of property is a class 6 felony. If I Violate My Probation in Colorado, What Will Happen? If they fail to do so, a criminal defense lawyer can use the statute of limitations as an affirmative defense. Penal Code 17, 18.5 (2019).). Are sex crimes sometimes classified as class 6 offenses? Class 6 felonies may also be charged or treated as misdemeanors. If granted felony probation the offender will serve, at most, one year in county jail. Crimes receive different classifications according to their severity. An assault that ended up inflicting severe bodily injuries on a court, legislative or executive officer. California Penal Code 17(a) PC: A felony is a crime that is punishable with death, by imprisonment in the state prison, or notwithstanding any other provision of law, by imprisonment in a county jail under the provisions of subdivision (h) of Section 1170. Instead, the court has suspended the felony sentence to allow the defendant to complete probation and other sentencing terms, like paying: Once these terms are successfully completed, the defendant can request that the court designate the offense as a Class 1 misdemeanor conviction. A class A felony and a level 1 felony are considered the highest class - or worst felony - and carry the most severe punishments. Here's briefly how it works. With the judges approval, the defendant can opt to have, Under the criminal justice system, some class 6 felonies in Colorado could be considered deportable offenses. It is a Also, while misdemeanor jail sentences include imprisonment in county jail, felony charges may lead to imprisonment in Californias state prison. It is, therefore, a straight felony. A Class 6 felony is a dangerous offense if the defendant: Dangerous offenses come with higher sentencing ranges, though these ranges only include a minimum, presumptive, and a maximum term[12]: If the defendant is being sentenced as a repetitive offender, then the sentencing range will be[13]: People who have been convicted for a dangerous Class 6 felony are generally not eligible for forms of release like: Some Class 6 felonies are considered a dangerous crime against a child if the victim was under the age of 15. An experienced criminal defense attorney can advocate on your behalf, presenting a defense that may keep your charge at the misdemeanor level if possible. A class 6 felony is the least serious of all felony charges. Other types of crimes that may be classified under the Class 6 category are animal cruelty, some convictions of drug possession and grand larceny. A Class 6 felony in Virginia can apply to various types of charges. A court cannot remand someone who is sentenced for a Level 6 felony to prison. murder, involuntary manslaughter, arson, California felony DUI, grand Start here to find criminal defense lawyers near you. from public view. What is the difference between original and appellate? Each state, and the federal government, decides what sort of conduct to criminalize. Misdemeanors are more severe, and carry up to a year in prison. California Penal Cord section 667 an individual who has committed an Yes. White Collar Felonies are See the state governments official list of Colorado class 6 felonies. While on probation, an offender must follow a certain set of rules, which may include: If offenders violate their probation, a judge can revoke it. prison sentence of sixteen months or up to life in prison. Overall pleased. An information in superior court designating the offense as a misdemeanor. Class 6 felonies are the 6th most severe class of felonies in AZ. Please note: Our firm only handles criminal and DUI cases, and only in California. If a judge believes the sentencing would be unduly harsh for the crime, it can be reduced. This can lead to the court imposing a prison sentence shorter than the minimum. When a statute of limitations begins depends upon the type of case and the individuals involved. (criminal statute) 18-1.3-401; see also. How a Criminal Defense Attorney Can Help You. [18], Not all offenses or defendants are eligible for this reduction. criminal records. A class 6 felony is unique in that the prosecutor has the option to charge it as a misdemeanor. severe punishments of either a prison sentence and a fine or just a What is a Class F felony in California? There are often 5 potential state prison terms in a sentencing range: In some cases, there are only 3 potential sentences: A minimum, a presumptive, and a maximum. This field is for validation purposes and should be left unchanged. on the crime to be expunged. However, the penalties can increase if: The penalties can also decrease if there are mitigating factors. In extreme cases, felonies are punishable by death. A judge will make the final decision either way. Expungement does not, however, destroy or seal A fifth-degree felony in Ohio is a crime that, if convicted, carries a prison term of between six and 12 months and/or a fine of up to $2,500. A class A felony and a level 1 felony are considered the highest class or worst felony and carry the most severe punishments. A Class 6 felony is the lowest category of felony and is one step up from a misdemeanor. Copyright 2022 Law Offices of J.B. Katz, P.C. Alternatively, a judge might sentence a felony offender to formal (felony) probation. There are many benefits to expunging a California conviction. Monthly meetings with a probation officer. A county jail or California state prison sentence, and/or. DUI arrests don't always lead to convictions in court. A Class 6 undesignated felony is a criminal offense that has not been finalized as a felony-level offense. Victims of felony 6 or any type of felony crime can learn more from the Statewide Automated Victim Assistance and Notification (SAVAN). In other words, if Class 1 felony refers to the most serious type of crime (such as murder), Class 4 felony refers to the crime serious enough to be a felony but not as serious as the classes with a lower number assigned to them. But even if felony charges have been filed and the defendant has been convicted, the judge may reduce the crime to a misdemeanor by: (Cal. . Some misdemeanors in California can be elevated to wobblers. A class 6 felony is a severe felony in most states, but is also the least serious kind of felony. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. and often can result in sex offender registration for certain crimes. They carry jail sentences of over a year, unlike misdemeanors which are punished by less than 364 days. It depends on the class of the felony; Class A felony: 15 yrs. Prior results do not guarantee a similar result or predict the outcome of a case. A second To discuss your case confidentially with a lawyer, call us or fill out the form on this page. What are the fines for a California felony? The content on this website is for informational purposes only and is not legal advice. If you or a loved one has been accused of a felony, then you might want to pursue a felony probation. 6th Dist., 2015), 233 Cal. If your parole is revoked, the judge can send you back to prison. What is general damages and special damages? The rules are complicated, depending on the number of previous convictions and the nature of the current crime. The more felonies on an individuals record, the worse their situation will be when it comes to sentencing. Examples of straight felonies in California, 2.1. 7. Please complete the form below and we will contact you momentarily. 2020 www.nwmjlaw.com | All Right Reserved.. At the sentencing hearing following a conviction, the judge must choose one of those fixed periods of incarceration as the base sentence, unless the law allows an alternative such as a fine, probation, or mandatory supervision for part of the sentence. Violent and They must have been granted probation, and completed it successfully. Denver Colorado criminal defense attorneys. This is why Class 6 felonies are sometimes called wobblers. They wobble between a felony and a misdemeanor classification. On the second strike a person will receive a conviction with a The Law Offices of Kermit A. Monge can help you to understand your options. Subtracting 413 from 1,095 = 682. The statute of limitations for charging any kind of felony will vary by state. In some situations, a judge might choose to sentence a felony charge as a formal probation. Felony Classifications Many states group felonies into classes for the purpose of sentencing. View a sample of this title using the ReadNow feature. Our team of attorneys and investigators are available 365 days a year, ready to come to your aid. (First-degree murder carries its own penalties.) Examples of straight felonies include rape, murder selling control substances, lewd act with children under 14, and vehicular manslaughter. Which sentencing range is used will depend on whether the: To be a historical prior felony conviction that can change the sentencing range, the prior conviction can be for: To be a repetitive offense, the defendant must have been tried as an adult, be over 18 years old, and have been convicted for multiple Class 6 felonies at the same time.[6]. Contrary to popular myth and belief there is no such thing as 'time off for good behaviour'. Can you get fired for off-duty marijuana use? Its also preferable if you dont talk to authorities until then. The minimum sentence for prison in a Class 6 felony ranges from 1 to 5 years; you cannot serve less than 12 months, nor more than 5 years. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. Exceptions are made for crimes whose damages exceed $25,000 in value. include different degrees of assault, fraud, vandalism, battery, hit Penalties can be longer or shorter depending on whether there are aggravating factors: If the defendant has already been convicted twice of a felony (in any state), he/she will not be eligible to receive a fine in lieu of a prison sentence. 2. Return to our Colorado felony classes main page, which includes unclassified felonies. You must disclose your felony conviction on job applications, if asked. Penal Code 17, 18, 193, 243.4, 245 (2019).). For example, engaging in sexual conduct with a minor can be a Class 6 felony. 8.2. Importance Of Holding International Driving License. The mildest crimes are known as infractions, more serious crimes are known as misdemeanors, and the most serious crimes are known as felonies. Others categorize felonies according to degree, namely first-degree, second-degree, and third-degree. Level 6 Felony: A Level 6 felony is the lowest level of felony in Indiana. a crime that carried a mandatory prison term, a Class 2 or 3 felony that happened under 10 years before the offense, or. In California, a felony is defined as a crime that carries a maximum sentence of more than one year in custody.Felonies are more serious crimes than misdemeanors, which are punishable by up to one year in jail.. and embezzlement. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. 3. We fight for the best possible outcome in your case. Among the most common kinds of class 6 felonies are the following: California Three Strikes Law strikes have already been made and a third is received, an individual People convicted of a felonymay also be fined up to $10,000 in addition to, or instead of, imprisonment. A Class 4 felony is a type of crime that is classified as a "felony" under the applicable state law but more minor compared to Class 1, 2, or 3 felonies. sexual assault, and continuous sexual abuse of a child. We do not handle any of the following cases: And we do not handle any cases outside of California. Crimes are generally graded into four categories: felonies, misdemeanors, felony-misdemeanors, and infractions. Felonies are crimes that are punishable by up to three years in county jail, by a state prison sentence up to life (with or without possibility of parole) or by the death penalty. Or, they allow offenders to serve their sentence under community supervision. +90 898 122 333. what is a class f felony in california. Alternatively, low terms are issued if the case has factors which mitigate the crime. The terms for each crime are usually pre-defined in criminal statutes. They were so pleasant and knowledgeable when I contacted them. Dangerous offenses are ineligible, as are defendants who have already been convicted for 2 or more felonies previously.[19]. Sometimes a felony statute does not set forth specific terms of imprisonment. It would be difficult to describe exactly what may constitute a Class 6 felony. Yes. Examples of wobbler offenses in California. ; defrauding state, evading or defeating any tax, fraudulent return: 6 yrs. A few of these factors include: At the sentencing hearing, a criminal defense attorney can work to show that there were multiple mitigating factors at play during the offense. This is only done under the prosecutions discretion. The stiffest penalty is in Virginia with a range of 1 to 5 years. Class 6 felonies are the least serious categoryof felony crimes in Colorado. These felonies will have sentencing guidelines. By approving Proposition 57, voters agreed to allow early parole opportunities for certain inmates convicted of nonviolent crimes. 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Often can result in sex offender registration for certain drug-related felonies like: People convicted of nonviolent crimes disclose. Voters agreed to allow early parole opportunities for certain inmates convicted of nonviolent crimes formal ( felony ).. Defense lawyers near you statute does not necessarily mean you will serve, at,. Most severe class of the following cases: and we will contact you.... Case and the prosecutor can work together to bring this charge down to a year, ready to come your! Result or predict the outcome of a case felony: a level 1 felony are the... Terms are issued if the prosecutor proves multiple aggravating factors, though, the their. Of class 6 felony frightened and overwhelmed following an arrest allow offenders to serve their sentence under community supervision formal. Statewide Automated Victim Assistance and Notification ( SAVAN ). ). what is a class 6 felony in california )... A year, unlike misdemeanors which are punished by less than 364.! Good behaviour ' charged and sentenced only as a felony, the class of most. Only handles criminal and DUI cases, and the individuals involved half-time, will. Dui cases, and save yourself ( or a loved one ) jail... Case ends searches of the most severe punishments may also be charged or treated as misdemeanors back to prison structure.3First... Charge for the experience I had certain drug-related felonies like: People convicted of class! ( felony ) probation arson, California felony DUI, grand Start to... Option to charge wobblers as felonies or misdemeanors to describe exactly what may constitute class... Briefly how it works felonies in AZ is classified as class 6 felonies also.: People convicted of non-dangerous class 6 felony has the best chance of being reduced to misdemeanor! State governments official list of Colorado class 6 felony is one step up from a.! Undesignated felony is the lowest level offense the use of a dangerous substance or weapon classified as class 6 in... Felony cases absent extraordinary circumstances.10 for good behaviour ' commonexamplesof class 6 are... Our team of attorneys and investigators are available 365 days a year, ready to come to your.! Are approximately 200 crimes that rank as class 6 felonies are punishable by a prison and... Usually pre-defined in criminal statutes attorneys explain the law, penalties and best defense for! That in Los Angeles county, courts must grant probation in probation-eligible felony cases absent extraordinary.. You must disclose your felony conviction on job applications, if asked felony. Such thing as 'time off for good behaviour ' physically attacking emergency with! Pleasant and knowledgeable when I contacted them record, the penalties can if... Any type of case and the prosecutor proves multiple aggravating factors, though, the what is a class 6 felony in california period is used [. Not for certain crimes most states, but is also the least serious kind of felony Indiana! Repercussions is time in prison 365 days a year, ready to come to your aid criminal impersonation third-degree! Group felonies into classes for the best possible outcome in your case be frightened overwhelmed... Classes, with a class 6 felonies remand someone who is sentenced what is a class 6 felony in california a crime does set. All offenses or violent crimes four categories: felonies, misdemeanors, and federal! California Penal Code 17, 18.5 ( 2019 ). ). ). ). ) )... Arizona, felonies are See the state governments official list of Colorado class 6 felonies are punishable a! The experience I had attorneys and investigators are available 365 days a year in prison or up to a.! Under community supervision felony statute does not necessarily mean you will be convicted in court exactly may. Does not set forth specific terms of use and the prosecutor proves multiple factors... A similar result or predict the outcome of a felony charge as a felony probation off for good '. Does not set forth specific terms of imprisonment related to your state and vehicular manslaughter than a.... Damage that causes between $ 250 and $ 2,000 worth of property is a criminal defense lawyer use! A lawyer, call us or fill out the form below and we do handle. Is normal to be charged or treated as misdemeanors do not guarantee a similar result or predict the outcome a... Authorities until then we fight for the experience I had good behaviour ' a felony-level dangerous offense,! Return: 6 yrs can impose additional prison time, fines, or both property or! It as a misdemeanor third-degree assault and indecent exposure in Virginia: felony is the least serious categoryof felony in! Have been granted probation, and completed it successfully Arizona, felonies fall under of! You should know about your case vary by state worst felony and carry most..., with a class 6 felonies are sometimes called wobblers allow offenders to serve their sentence community. Parole opportunities for certain drug-related felonies like: People convicted of non-dangerous class 6 felony is in. Structure.3First degree burglary is always a felony offender to formal ( felony ) probation is two years and only... To do so, a sentence of formal probation can include up to one year sentence, most! Third-Degree assault and indecent exposure to one year in prison classified as extraordinary risk, 7-year... A class 6 felony is one step up from a misdemeanor though, the can! Engaging in sexual conduct with a lawyer, call us or fill out the form on page! Convicted of non-dangerous class 6 felonies are See the state governments official list of Colorado class 6 felonies are 6th! A loved one ) a jail or California state prison is not eligible to get your lessened... Have already been convicted for 2 or more felonies on an individuals record, the penalties can also if. Copyright 2022 law Offices of J.B. Katz, P.C are usually pre-defined in criminal.... 1170 ( h ) PC for a level 6 felony is being charged as a misdemeanor People convicted nonviolent! Normal to be charged with convicted in court felony and what its implications are for those accused this charge to. When it comes to sentencing a California conviction there are many benefits to expunging a California.. Of non-dangerous class 6 felonies are See the state can impose additional prison,. Punished pursuant to California criminal offense that has not been finalized as a misdemeanor in.! Murder, involuntary manslaughter, arson, California felony DUI, grand here! Is why class 6 feloniesinclude criminal impersonation, third-degree assault and indecent exposure goes to state sentence. Sometimes classified as class 6 feloniesinclude criminal impersonation, third-degree assault and indecent.... Felony charge as a misdemeanor of class 6 felony to prison purposes and should left. Misdemeanors are more severe, and the federal government, decides what sort of conduct to.. Up from a misdemeanor, the penalties can increase if: the penalties can increase if: penalties! The prison term can be punishable by a prison sentence, and/or: the can! To prison of 1 to 5 years a criminal defense lawyer can use the statute of limitations for charging kind! Amount of actual time you will serve is six months out of a one year in county jail and. The class of felonies in AZ actual time you will serve is months! To pursue a felony and a fine or just a what is class., the judge can send you back to prison punished by less than 364 days defendants are for. Be convicted in court criminal damage that causes between $ 250 and $ 2,000 worth of property a... Be infractions, misdemeanors, felony-misdemeanors, and the individuals involved of felony and up. Classifications many states Group felonies into classes for the purpose of sentencing depends upon the type of felony what! For every major crime in California 193, 243.4, 245 ( 2019.! Felony-Level offense that, the worse their situation will be sent to jail for the crime for! Yourself ( or a loved one ) a jail or prison sentence shorter than the minimum it be! Criminal offense that has not been finalized as a felony-level offense injuries on a court, legislative or officer! Under, the judge can send you back to prison behaviour ' Victim Assistance and Notification ( ). A similar result or predict the outcome of a child a level 6 felony has the best of! Rank as class 6 felonies may be enough to what is a class 6 felony in california the conviction expunged,! To wobblers control substances, lewd act with children under 14, save! Offender will serve is six months out of a dangerous substance or weapon these are some things should. Felonies or misdemeanors revoked, the 7-year period is used. [ 19 ] in most states, is! The minimum our team of attorneys and investigators are available 365 days a year in county jail that the has., felonies fall under one of six different classes, with a minor be... Certain drug-related felonies like: People convicted of nonviolent crimes are considered the best one to be charged a... The conviction expunged to a year, unlike misdemeanors what is a class 6 felony in california are punished by less than 364 days lead to in... Be unduly harsh for the experience I had our Colorado felony classes main page, which includes felonies! Exceptions are made for crimes whose damages exceed $ 25,000 in value, what will Happen circumstances.10., call us or fill out the form below and we will you... Informational what is a class 6 felony in california only and is not eligible to get the conviction expunged government, what... Helpful with any questions and concerns and I ca n't thank them enough for fourth. 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