Misdemeanor vs. Felony Charges in California: What's the Difference?

In California, crimes are generally classified as infractions, misdemeanors, or felonies. The classification affects everything from potential penalties to long-term consequences, so understanding the difference is important.

Infractions are the least serious offenses, such as most traffic violations. They are typically punishable by a fine and do not carry jail time or a right to a jury trial.

Misdemeanors are more serious and can be punishable by up to a year in county jail, fines, probation, and other penalties. Examples include many first-time DUIs, petty theft, and simple assault. Even a misdemeanor conviction can affect employment and housing, so it should be taken seriously.

Felonies are the most serious crimes and can carry sentences of more than a year, including state prison time, substantial fines, and lasting consequences such as the loss of certain rights. Examples include serious drug offenses, robbery, and violent crimes.

Wobblers. California also has “wobbler” offenses that can be charged as either a misdemeanor or a felony depending on the circumstances and the defendant's record. Skilled advocacy can sometimes persuade a prosecutor or judge to treat a wobbler as a misdemeanor.

Because the stakes rise sharply with each level, it is essential to have an attorney who understands how charges are classified and how to fight for the best possible classification and outcome. If you are facing charges, find an experienced defense attorney in your city through this directory.