Understanding the difference between a felony and a misdemeanor in California is critical whether you’re facing charges, know someone who is, or simply want to be informed about how the criminal justice system works. These legal terms are more than just labels—they determine the severity of the crime, the potential punishment, and even your rights and future opportunities.
In this comprehensive guide, we’ll break down the definitions, key differences, examples, legal consequences, and what you can expect if charged with either a felony or a misdemeanor in California.
What Is a Misdemeanor in California?
A misdemeanor in California is considered a less serious criminal offense than a felony. It is more serious than an infraction (like a traffic ticket) but less severe than a felony.
Penalties:
Under California Penal Code § 19, a standard misdemeanor is punishable by:
Up to 6 months in county jail
A fine of up to $1,000
Or both
Some misdemeanors are classified as “aggravated” or “gross” misdemeanors, which may carry jail time up to 364 days and fines up to $1,000 or more.
Examples of Misdemeanors:
Petty theft (under $950)
Driving under the influence (first offense)
Public intoxication
Vandalism (under a certain dollar amount)
Domestic battery (without serious injury)
Simple assault or battery
Legal Process:
Misdemeanor charges often result in:
A citation or arrest
Arraignment (first court appearance)
Pretrial hearings
Trial (if no plea is entered)
Many first-time offenders may be eligible for diversion programs that can lead to dismissal of the charges upon completion.
What Is a Felony in California?
A felony is a serious criminal offense that can result in significant prison time, larger fines, and long-term consequences. Felonies often involve violence, large amounts of property loss, or serious harm.
Penalties:
Felonies can result in:
State prison sentences of 16 months, 2 years, or 3 years or more
Fines up to $10,000
Possible life in prison or even the death penalty for the most severe crimes
The exact sentence depends on the severity of the offense, prior criminal history, and sentencing guidelines.
Examples of Felonies:
Murder or attempted murder
Rape or sexual assault
Robbery or burglary (with aggravating factors)
Arson
Grand theft (over $950 or involving firearms)
Drug trafficking or manufacturing
Domestic violence with serious injury
Wobbler Offenses: Crimes That Can Be Both
California has a category of crimes known as “wobblers”—offenses that can be charged as either a misdemeanor or a felony depending on the circumstances of the crime and the defendant’s criminal history.
Factors That Influence Wobbler Classification:
Degree of harm to the victim
Whether a weapon was used
Prior convictions
Cooperation with law enforcement
Common Wobbler Offenses:
Assault with a deadly weapon
Certain types of fraud or embezzlement
Criminal threats
Child endangerment
Grand theft
A good criminal defense attorney can often negotiate for a wobbler to be reduced to a misdemeanor, especially for first-time offenders.
Key Differences
| Factor | Misdemeanor | Felony |
|---|---|---|
| Severity | Less serious | More serious |
| Typical Penalty | Up to 364 days in county jail | 1 year to life in state prison |
| Fines | Up to $1,000 | Up to $10,000 or more |
| Impact on Record | May be eligible for expungement | More serious, harder to expunge |
| Jury Trial | Yes | Yes |
| Right to Public Defender | Yes | Yes |
| Voting Rights | Retained | May be lost during incarceration |
| Firearm Ownership | Often retained | Often permanently lost |
Collateral Consequences:
Employment challenges: Employers often conduct background checks.
Immigration consequences: Certain convictions can lead to deportation.
Loss of professional licenses: Nurses, teachers, and others may lose licenses.
Housing and loan issues: Background checks can affect rental and loan applications.
Gun ownership restrictions: Especially for felony convictions
Misdemeanor Expungement:
If you’ve completed your sentence, you may be eligible to have your misdemeanor conviction dismissed under Penal Code § 1203.4.
Felony Expungement:
Some felony convictions can be reduced to misdemeanors and then expunged, especially wobblers. However, not all felonies are eligible.
How a Criminal Defense Lawyer Can Help
If you are facing charges in California, it’s critical to have legal representation. A defense attorney can:
Evaluate if charges can be reduced or dismissed
Negotiate plea deals
Advocate for diversion programs
Protect your rights during court proceedings
Frequently Asked Questions (FAQs)
Can a felony be reduced to a misdemeanor? Yes, especially if it’s a wobbler and the judge agrees under Penal Code § 17(b).
Do you go to jail for a misdemeanor? Possibly, but many first-time offenses result in probation, community service, or fines instead of jail time.
Can misdemeanors be expunged in California? Yes, most misdemeanors are eligible for dismissal under Penal Code § 1203.4.
How long does a felony stay on your record in California? Indefinitely, unless expunged, reduced, or pardoned.
Conclusion
Understanding the distinction between a felony and a misdemeanor in California is essential for navigating the legal system, protecting your rights, and planning for your future. Whether you’re concerned about a possible charge or simply want to educate yourself, knowing the classifications, consequences, and legal options available can make all the difference.
If you or a loved one is facing criminal charges, consulting with a knowledgeable California criminal defense attorney is a wise first step. Laws change frequently, and having professional guidance ensures you’re making informed decisions at every stage.
At Southwest Legal, our experienced California criminal defense attorneys know how to fight for your rights, reduce or dismiss charges, and protect your record. We’ve helped countless clients across California navigate the criminal justice system—and we can help you too.
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