Felony vs Misdemeanor in California: Definitions & Differences

The difference between a felony and a misdemeanor in California is important when trying to understand what penalties you may be facing. Felonies carry serious consequences, including long-term prison sentences and significant fines. While misdemeanors, though less severe, still brings jail time, probation, and a lasting record. At Lias Law Firm, we recognize that being charged with any offense can feel life-altering, but justice doesn’t always mean jail time. 

Whether you’re facing a felony or a misdemeanor, we will analyze your case and explore options to reduce or dismiss charges.Our criminal defense attorneys provide personalized guidance to ensure your voice is heard and your rights are defended. Contact Lias Law Firm today. 

Criminal Charge Categories in California

In California, criminal charges are divided into three main categories: infractions, misdemeanors, and felonies. Understanding which category your charges fall under is crucial in planning a defense and knowing what to expect in the legal process. Below is a breakdown of these categories, along with examples and typical penalties.

Infractions: What They Are and Typical Penalties

Infractions are the least serious type of offense under California law. They are usually minor violations of rules or local ordinances and do not carry jail time. Infractions are often handled through fines, community service, or traffic school. While they don’t create a criminal record in the same way as misdemeanors or felonies, ignoring them can lead to additional fines or other legal consequences.

Examples and typical penalties for infractions:

• Speeding: Fines typically range from $35–$500, plus possible traffic school.
• Running a red light or stop sign: Fines $100–$500, points on your driving record.
• Littering: Fines around $100–$1,000 and possible community service.
• Jaywalking: Fines $25–$250, depending on the city.
• Noise ordinance violations: Fines $50–$500 per incident.

Misdemeanor Under California Law

Misdemeanors are more serious than infractions but less severe than felonies. They can result in up to one year in county jail, fines, probation, or mandatory community service. Having a misdemeanor conviction on your record may affect employment, housing, and licenses. 

Common examples include petty theft, DUI, and simple assault. Although the penalties are typically lighter than felonies, an experienced misdemeanor attorney can make a significant difference in negotiating reduced charges or alternative resolutions.

Felony Under California Law

Felonies are the most serious criminal offenses in California and carry the potential for state prison sentences, substantial fines, and long-term consequences that may affect your personal and professional life. Felony charges include violent crimes, serious drug offenses, and major theft or fraud. Defending a charge like this requires an experienced felony attorney to fight for the best possible outcome.

Key Differences Between a Felony and a Misdemeanor

Not all criminal charges are treated the same under California law. Felonies and misdemeanors differ in several important ways, from jail time to long-term consequences. Understanding these distinctions helps you and your attorney plan the most effective defense strategy.

Jail Time for Felonies & Misdemeanors in California

Misdemeanors in California generally carry a sentence of up to 1 year in county jail. Felonies are more serious offenses that can result in state prison sentences lasting longer terms, often measured in years. 

Felony sentencing typically includes possible terms of 16 months, 2 years, or 3 years as a baseline, but can vary significantly depending on the specific offense and aggravating or mitigating factors. Skilled criminal defense attorneys may also seek probation as an alternative to incarceration.

Maximum Penalties and Fines

For misdemeanors, fines typically range from $250 to $1,000. 

Felony fines vary more widely and can reach several thousand dollars, depending on the charges, often accompanied by mandated restitution payments to victims.

Probation Terms for Criminal Charges

For misdemeanors, probation is generally shorter and less intensive, often lasting about one year with basic check-ins, fines, or community service requirements. 

Felony probation is longer and stricter, typically lasting two years or more, involving supervised monitoring by a probation officer, counseling, drug testing, and other conditions tailored to the case.

Impact on Civil Rights and Future Opportunities

For misdemeanors, the long-term impacts are fewer but can include direct consequences on employment or housing opportunities. 

Felony convictions come with broader and more serious limitations, including loss of civil rights such as voting and firearm ownership. Felonies often impose more significant barriers to work, education, professional licenses, and housing.

Common Misdemeanor vs Felony Examples in California

Understanding the difference between misdemeanors, felonies, and “wobbler” offenses is important because the consequences vary widely, and the classification can significantly impact your case. A skilled criminal defense lawyer can often help reduce charges or negotiate resolutions that minimize or avoid jail time altogether.

Misdemeanor Examples

• DUI (Driving Under the Influence): Typically handled as a misdemeanor for first-time or lower-level offenses
• Petty Theft: Stealing property valued under $950
• Vandalism: Minor damage to property, graffiti, or defacement
• Trespassing: Entering property without permission

Felony Examples

• Murder: Intentional unlawful killing of another person
• Rape: Sexual assault or severe sexual offenses
• Grand Theft: Stealing property valued over $950
• Drug Trafficking: Large-scale possession, distribution, or sale of illegal substances

“Wobbler” Offenses

Some crimes in California are called “wobblers” because they can be charged as either a misdemeanor or a felony. The decision depends on factors like the circumstances of the crime, the amount of harm caused, and the defendant’s criminal history. 

For example:

• Assault: Minor physical altercations may be misdemeanors, but serious injuries can elevate it to a felony
• Theft or Fraud: Stealing a small amount may be a misdemeanor, while larger amounts or repeat offenses can be felonies
• Drug Offenses: Possession of a small amount for personal use may be a misdemeanor, but distribution or large quantities can be a felony

How Charges Can Be Elevated or Reduced

Criminal charges in California aren’t always set in stone. Depending on the details of the case, what begins as a misdemeanor could be treated as a felony. But in other cases, a felony may be reduced to a misdemeanor. Factors like prior convictions, the severity of the offense, the amount of harm caused, or even procedural issues can all influence how a charge is classified. 

At Lias Law Firm, we take the time to review every detail of your case and identify opportunities to reduce charges, pursue alternative sentencing, or seek dismissals when possible. Our approach is focused on protecting your rights, minimizing jail time, and finding solutions that support your future opportunities.

Consequences of Felony vs Misdemeanor Convictions

Misdemeanor consequences:

• Up to 1 year in county jail, which can disrupt work, school, or family life
• Fines ranging from $250–$1,000, adding financial strain
• Probation with check-ins, community service, or counseling, which can affect daily routines
• Criminal record that may impact current and future employment, housing, or professional licenses
• Limited restrictions on civil rights, but still potential challenges in personal and professional opportunities.

Felony consequences:

• State prison for multiple years, significantly affecting career, education, and family life
• Fines of several thousand dollars, plus possible restitution to victims, which can create long-term financial burdens
• Stricter and longer probation, possibly including electronic monitoring or mandatory programs
• Permanent criminal record with lasting effects on job prospects, housing, and professional opportunities
• Possible loss of voting rights, firearm ownership, and other civil rights, impacting personal freedom and life decisions

How Lias Law Firm Guides Clients Through California Criminal Charges

At Lias Law Firm, our attorneys carefully examine every case to explore options for reducing charges, negotiating alternative sentencing, or achieving dismissals, ensuring the least disruptive outcome for our clients.

Our case results demonstrate this approach in action. For example: 

• Successfully reduced a felony DUI to a misdemeanor, allowing the client to avoid jail entirely.
• Negotiated probation instead of prison for domestic violence charges, helping the client maintain employment and family stability.
• Achieved dismissal of a misdemeanor domestic violence charge, protecting the client’s record and future opportunities.

These results reflect our commitment to defending your rights and minimizing the impact on your life while navigating California’s criminal court system.

Contact Lias Law Firm for Criminal Defense Help

Your future matters, and at Lias Law Firm, our mission is to protect it. We focus on securing the best possible outcomes for each client. From the initial consultation to the final resolution, our experienced attorneys will be by your side to help you understand your options and make informed decisions. Contact us today to get started.