Criminal Defense · · By George L. Fernandez
If you have been charged with a crime, one of the first questions is whether it is a misdemeanor or a felony. The answer affects the possible penalties, how the case moves through court, and the long-term consequences of a conviction.
Infractions
Infractions are the least serious category. Most traffic tickets are infractions. They are generally punishable by a fine only, with no jail time and no right to a jury trial.
Misdemeanors
A misdemeanor in California is generally punishable by up to six months or up to one year in county jail, plus fines and probation. Examples can include petty theft, a first-time DUI without injury, and simple battery. Misdemeanors still create a criminal record, so they deserve to be taken seriously.
Felonies
Felonies are the most serious crimes. Depending on the offense, a sentence may be served in county jail or state prison and can last more than a year. A felony conviction can also affect gun rights, immigration status, professional licenses and employment.
What is a “wobbler”?
Many California offenses are “wobblers,” meaning the prosecutor can charge them as either a misdemeanor or a felony. Common examples include some assault, theft and vandalism charges. The decision usually depends on the facts and the person's record. In some cases, a defense lawyer can argue for a felony wobbler to be reduced to a misdemeanor — at the beginning of a case, at sentencing, or later under Penal Code section 17(b).
Why the classification matters
- Maximum possible penalties
- Whether a preliminary hearing is held
- Long-term consequences, including firearms and immigration
- Eligibility for record relief such as expungement
Every case depends on its facts. If you are facing charges, a defense attorney can explain how your charge is classified and what options may exist. Visit our criminal defense page or read what to do if you're arrested.
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This article provides general information, not legal advice, and does not create an attorney-client relationship.