What Is the Difference Between a Misdemeanor and a Felony in California?

If you’ve been arrested or charged with a crime in California, one of the first issues you’ll want to understand is whether the offense is classified as a misdemeanor or a felony. Understanding the distinction is critical, both for knowing what you’re up against and for preparing a proper defense. The classification of a criminal offense can significantly affect the penalties, your criminal record, and even your future employment and housing opportunities, as well as your defense options and opportunities for a successful outcome.

Below, we’ll break down the difference between misdemeanors and felonies in California, provide examples of each, and explain why it’s essential to have legal representation no matter how “minor” a charge may seem. If you’ve been arrested and charged with a crime in San Bernardino County, contact Attorney John D. Lueck to speak with an experienced Rancho Cucamonga criminal defense lawyer.

Misdemeanors vs. Felonies: How Crimes Are Classified in California

Under California law, criminal offenses are classified into three general categories:

• Infractions: Non-criminal violations such as traffic tickets, typically punishable by a fine.
• Misdemeanors: Crimes that are more serious than infractions but less serious than felonies.
• Felonies: The most serious offenses, often involving violence or significant harm, and punishable by more severe penalties.

The definitions of misdemeanors and felonies are established in the California Penal Code:

• Misdemeanor: A crime that is punishable by up to one year in county jail and/or a fine up to $1,000, unless otherwise specified. (Cal. Penal Code § 17(a))
• Felony: A crime that is punishable by more than one year in state prison or county jail, and in some cases, life imprisonment or even the death penalty. (Cal. Penal Code § 17(a))

Examples of Misdemeanors in California

Some common misdemeanor offenses include:

• Petty theft (Cal. Penal Code § 484)
• Driving under the influence (first offense) (Cal. Vehicle Code § 23152)
• Simple battery (Cal. Penal Code § 242)
• Public intoxication (Cal. Penal Code § 647(f))
• Vandalism involving less than $400 in damage (Cal. Penal Code § 594)

Although misdemeanors are considered less serious than felonies, a conviction can still result in jail time, fines, probation, mandatory counseling, or community service. In addition, a misdemeanor conviction will appear on your criminal record and could affect job applications, immigration status, or professional licenses.

Examples of Felonies in California

Felony offenses carry harsher consequences due to the serious nature of the crimes. Examples of felonies include:

• Murder or attempted murder (Cal. Penal Code §§ 187, 664/187)
• Rape (Cal. Penal Code § 261)
• Burglary of a residence (Cal. Penal Code § 459)
• Robbery (Cal. Penal Code § 211)
• Grand theft over $950 (Cal. Penal Code § 487)
• Felony DUI with injury or multiple prior convictions (Cal. Vehicle Code § 23153)

Penalties for felonies may include years in state prison, substantial fines, parole or post-release supervision, loss of firearm rights, and lifelong registration (in certain sex offenses). A felony conviction can also result in a “strike” under California’s Three Strikes Law (Cal. Penal Code § 667), potentially enhancing future sentences.

What About “Wobblers”?

In California, some crimes are classified as “wobblers.” These are offenses that can be charged either as misdemeanors or felonies, depending on the facts of the case and the defendant’s criminal history. Common examples include domestic violence, assault with a deadly weapon, and certain types of fraud.

The prosecutor has discretion in how to charge a wobbler, and the judge may reduce a felony wobbler to a misdemeanor at sentencing or during certain post-conviction proceedings. Having an experienced defense lawyer can make a huge difference in whether a wobbler is charged or ultimately resolved as a felony or misdemeanor.

Why It’s Critical to Hire a Criminal Defense Lawyer

Whether you are charged with a misdemeanor or felony, you have a legal right to defend yourself, and the quality of that defense can dramatically affect the outcome of your case.

A skilled criminal defense attorney can help in numerous ways, such as the following:

• Challenge the evidence and file motions to suppress illegally obtained evidence
• Negotiate with prosecutors for reduced charges, diversion, or dismissal
• Represent you at trial if your case proceeds to a jury
• Advocate for sentencing alternatives, such as probation, diversion programs, or rehabilitation
• Pursue expungement or post-conviction relief if eligible

For misdemeanor cases, a lawyer can often appear on your behalf in court, saving you the stress and time of showing up in person for every hearing. For felonies, legal representation is not just important; it’s indispensable. Prosecutors often aggressively pursue felony convictions, and without experienced counsel, you could face the full weight of the state’s power with little ability to push back.

Don’t Let the Label Fool You—All Criminal Charges Matter

Many people underestimate the seriousness of a misdemeanor, assuming it will “go away” or carry minimal consequences. But even a single misdemeanor conviction can significantly disrupt your life, especially in today’s digital age, where background checks are routine for housing, credit, employment, and education.

Meanwhile, facing a felony charge without experienced legal help could result in long-term incarceration and a permanent criminal record that affects your rights and freedoms for life. A felony conviction can lead to the loss of professional licenses, voting rights, immigration status, and even custody of your children.

No matter the charge, early intervention from a knowledgeable criminal defense attorney is your best chance to protect your future.

Call Attorney John D. Lueck for Experienced Criminal Defense in San Bernardino

If you’ve been charged with a misdemeanor or felony in San Bernardino County, don’t wait to seek legal help. Attorney John D. Lueck, based in Rancho Cucamonga, has decades of experience defending individuals facing all types of criminal charges, from simple misdemeanors to serious felonies. He understands how prosecutors build their cases and how to fight back effectively.

Whether you’re hoping to avoid jail, reduce a felony to a misdemeanor, or have your charges dismissed entirely, Attorney Lueck can provide the guidance and advocacy you need at every stage of the case.

Call today for a free case evaluation. You can reach the office at 909-484-1963 or call John D. Lueck directly on his mobile phone at 909-646-2736. You can also contact us online to schedule a consultation.

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