Criminal Defense
Felony vs. Misdemeanor in California
How California Classifies Crimes
California law divides crimes into three categories: infractions, misdemeanors, and felonies. The classification affects potential penalties, long-term consequences, and your rights.
Infractions
Infractions are minor violations (like traffic tickets) punishable by fines only—no jail time. You do not have a right to a jury trial for infractions.
Misdemeanors
Misdemeanors are more serious than infractions but less serious than felonies. They are punishable by up to one year in county jail, fines, probation, or community service. Examples include petty theft, simple assault, first-offense DUI, and trespassing.
Felonies
Felonies are the most serious crimes. They are punishable by more than one year in state prison, and some carry life sentences. Examples include murder, rape, robbery, and serious drug offenses. Felony convictions result in loss of voting rights (while incarcerated), firearm rights, and can affect employment and housing.
Wobbler Offenses
Some crimes are "wobblers"—they can be charged as either a felony or a misdemeanor. The prosecutor decides based on the facts of the case and the defendant's criminal history. Examples include assault with a deadly weapon, grand theft, and certain DUI offenses. An experienced attorney may be able to negotiate a wobbler down to a misdemeanor.
The California Penal Code
All criminal offenses are defined in the California Penal Code. The code specifies elements of each offense and the range of penalties.
Frequently Asked Questions
What is the difference between a felony and misdemeanor?
Felonies are more serious crimes punishable by state prison; misdemeanors are less serious and punishable by up to one year in county jail. Some offenses are "wobblers" that can be charged as either.
Can a felony be reduced to a misdemeanor in California?
Yes. Under Penal Code 17(b), a "wobbler" felony can be reduced to a misdemeanor at sentencing or upon successful completion of probation. Some offenses (e.g., certain drug possession under Prop 47) can be reduced by petition. A felony reduction has significant benefits for employment, housing, and firearm rights.
What are the long-term consequences of a felony conviction?
Felony convictions can result in: loss of voting rights (while incarcerated), loss of firearm rights, difficulty obtaining employment and housing, professional license restrictions, and immigration consequences for noncitizens. Expungement can help but does not eliminate all consequences.
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