The Difference Between Misdemeanors and Felonies in California
If you’ve been charged with a crime in California, one of the first things you need to understand is whether you’re facing a misdemeanor or a felony. This distinction isn’t just legal jargon—it can dramatically affect the penalties you face, your future opportunities, and how your case proceeds through the criminal justice system.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our appeals attorneys near you.
Understanding California’s Criminal Classification System
California law divides most crimes into three main categories: infractions, misdemeanors, and felonies. Infractions are minor violations like traffic tickets that typically result in fines. Misdemeanors and felonies, however, are more serious offenses that can result in jail or prison time, substantial fines, and a permanent criminal record.
The fundamental difference between misdemeanors and felonies lies in their severity and the corresponding penalties. Generally speaking, misdemeanors are less serious crimes, while felonies are the most serious offenses under California law.
What Defines a Misdemeanor?
Misdemeanors in California are criminal offenses punishable by up to one year in county jail. These crimes are considered less severe than felonies but more serious than infractions. Common examples of misdemeanors include simple assault, petty theft (shoplifting items valued under $950), first-time DUI offenses, vandalism, and simple drug possession.
California recognizes two types of misdemeanors. Standard misdemeanors carry a maximum penalty of up to six months in county jail and fines up to $1,000. Gross misdemeanors are more serious and can result in up to one year in county jail and higher fines.
Even though misdemeanors are less serious than felonies, they still create a criminal record that can affect employment opportunities, professional licensing, and housing applications. However, many misdemeanor cases may be eligible for expungement after successful completion of probation, which can help minimize long-term consequences.
What Defines a Felony?
Felonies represent the most serious category of crimes in California. These offenses are punishable by incarceration in state prison for more than one year, though sentences can range from 16 months to life imprisonment, depending on the specific crime and circumstances.
Examples of felonies include murder, rape, robbery, burglary, kidnapping, grand theft (theft of property valued over $950), serious drug trafficking offenses, and certain white-collar crimes. California also classifies some felonies as “violent” or “serious” under the Three Strikes Law, which can lead to enhanced sentences for repeat offenders.
The consequences of a felony conviction extend far beyond prison time. Convicted felons lose certain civil rights, including the right to vote while incarcerated and on parole, the right to own or possess firearms, and the ability to serve on a jury. Felony convictions can also severely impact employment prospects, professional licenses, immigration status, and eligibility for federal benefits and student loans.
Wobblers: Crimes That Can Go Either Way
California law includes a unique category of offenses called “wobblers”—crimes that prosecutors can charge as either misdemeanors or felonies. The decision typically depends on the specific circumstances of the case and the defendant’s criminal history.
Common wobbler offenses include certain domestic violence charges, some theft crimes, forgery, assault with a deadly weapon, and burglary of a commercial property. Whether a wobbler is charged as a misdemeanor or felony can dramatically affect the outcome of your case, making skilled legal representation crucial.
An experienced criminal defense attorney can sometimes negotiate with prosecutors to have a wobbler charged as a misdemeanor rather than a felony, or petition the court to reduce a felony charge to a misdemeanor after sentencing under California Penal Code Section 17(b).
Key Differences in the Criminal Process
Beyond sentencing, misdemeanors and felonies are handled differently throughout the criminal justice process. Misdemeanor cases typically move through the system more quickly, often with a defendant’s first appearance occurring within days of the arrest. Felony cases involve a more complex process, including a preliminary hearing where a judge determines whether there’s sufficient evidence to proceed to trial.
Misdemeanor defendants are often released on their own recognizance or with a relatively modest bail amount. Felony defendants typically face higher bail amounts and may be held without bail for the most serious offenses.
How Our Criminal Defense Law Firm Can Help
Facing any criminal charge—whether a misdemeanor or felony—can be overwhelming and frightening. The stakes are high, and the California criminal justice system is complex and intimidating for those unfamiliar with its procedures.
Our criminal defense law firm has extensive experience handling both misdemeanor and felony cases throughout California. We understand the nuances of criminal law and know how to build strong defense strategies tailored to your specific situation.
From the moment you contact us, we work tirelessly to protect your rights and pursue the best possible outcome. This includes investigating the circumstances of your arrest, identifying weaknesses in the prosecution’s case, negotiating with prosecutors for reduced charges or alternative sentencing, and aggressively defending you at trial when necessary.
Whether you’re facing a first-time misdemeanor or serious felony charges, you don’t have to navigate this process alone. Contact our firm today for a confidential consultation. We’ll review your case, explain your options, and develop a strategic defense plan designed to protect your freedom, your rights, and your future.
Contact Wallin & Klarich Today
If you are facing criminal charges, you need to contact an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.
