Charged With a Crime in California? Here’s the Difference Between a Misdemeanor and a Felony

Being arrested or placed under investigation can be overwhelming. One of the first distinctions that matters is whether the charge is filed as a misdemeanor or a felony. This classification impacts everything from potential jail time to long-term consequences such as employment, immigration status, and civil rights.

Understanding the difference is essential for anyone facing criminal charges in California.

What Is a Misdemeanor?

Misdemeanors are lower-level criminal offenses. Penalties may include:

• Up to 1 year in county jail

• Informal (summary) probation

• Fines, community service, or diversion

• Potential for record clearance in the future

Examples of misdemeanors include:

• DUI without injury

• Petty theft

• Simple battery

• Trespass

• Vandalism

• Resisting arrest
  

What Is a Felony?

Felonies are more serious offenses and carry heavier penalties:

• State prison or felony probation

• Formal probation with supervision

• Long-term consequences such as loss of gun rights and voting eligibility

• Possible immigration consequences or professional license revocation

Examples of felonies include:

• Grand theft

• Domestic violence causing injury

• Burglary

• Assault with a deadly weapon

• Drug sales
  

“Wobbler” Charges: Somewhere In Between

Some California crimes, known as “wobblers,” can be charged as either misdemeanors or felonies. The prosecutor has discretion based on the facts of the case and the defendant’s criminal history.

Example: Domestic battery may be charged as a misdemeanor if injuries are minor, but as a felony if serious injuries or prior convictions are involved.

Why Classification Matters

Felony charges bring more severe penalties and long-lasting consequences. Early intervention from a skilled criminal defense attorney can often result in reduced charges — or dismissal altogether — especially for wobbler offenses.

For anyone charged with a crime in California, legal guidance should be sought immediately. Early representation may preserve options and protect rights before any lasting damage is done. If you're under investigation or have been charged with a crime in San Diego, call the Law Office of Angelo J. Reyes, APC immediately. Available 24/7 for urgent matters.