Felonies and misdemeanors are the two levels of criminal offenses in California. Misdemeanors are less serious crimes where the maximum sentence is not more than one year in jail. Felonies are more serious crimes where the potential sentence is more than one year in jail or prison.
Misdemeanor fines are capped at $1000.00. Felony fines can be up to $10,000.00
A few examples of a California felony include:
- murder, per Penal Code 187;
- rape, per Penal Code 261; and,
- the sale of a controlled substance, per Health and Safety Code 11352.
By contrast, a California misdemeanor is a less severe crime than a felony. The maximum sentence for these offenses is no more than one year in county jail. Offenders can also face a fine. But it is not more than $1,000.
A few examples of a California misdemeanor include:
- petty theft, per Penal Code 484;
- drunk in public, per Penal Code 647(f); and,
- prostitution, per Penal Code 647(b).
A separate type of offense under California criminal law is a wobbler offense. These crimes can be charged as either a felony or a misdemeanor.
“Felony” Defined
A felony in California is a crime punishable by:
- more than one year in jail or prison; and/or,
- a fine of $10,000 (or in some cases more).
Depending on the crime, felonies can also result in life in prison or the death penalty.
California statutes sometimes dictate jail or prison sentences for a felony. Other times, a judge may decide them depending on the facts of a case and the defendant’s criminal history.
An alternative to lengthy imprisonment terms, a judge can sentence a felony offender to formal, or felony, probation.
Some additional examples of a felony include:
- lewd acts with a child, per Penal Code 288; and,
- vehicular manslaughter with gross negligence, per Penal Code 192(c).
“Misdemeanor” Defined
Misdemeanors, under California law, are less severe crimes than felonies. There are two types of misdemeanors – “standard” and “gross” or “aggravated” misdemeanors.
A “standard” misdemeanor is punishable by up to six months in county jail and/or a fine of up to $1,000.
A “gross” or “aggravated” misdemeanor is punishable by up to 364 days in county jail and/or a fine of up to $1000 or more.
Similar to felonies, a judge may award a defendant with probation. This type of probation is also called “informal” or “summary” probation. Misdemeanor probation is granted in lieu of a jail sentence.
Some additional examples of a California misdemeanor include:
- DUI without injury, per Vehicle Code 23152(a) VC and Vehicle Code 23152(b) VC; and,
- violating a restraining order, per Penal Code 273.6.
“Wobbler” Defined
A wobbler offense under California law is a crime that a prosecutor can charge as either a felony or a misdemeanor.
How the prosecutor chooses to charge these crimes depends on:
- the facts of the case; and,
- the defendant’s criminal history.
A few examples of wobblers include:
- elder abuse, per Penal Code 368;
- brandishing a weapon, per Penal Code 417; and,
- assault with a deadly weapon, per Penal Code 245(a)(1).
