In California, a misdemeanor is a less serious crime punishable by up to one year in county jail, while a felony is a more serious crime that can send you to state prison and strips away rights like the ability to own a firearm. That is the core difference: a misdemeanor caps out at a year in county jail, and a felony can mean much more. But California adds a twist. A large number of crimes are "wobblers" — offenses the prosecutor can charge as either a misdemeanor or a felony. Which way it goes often depends on the facts and on the defense you put up early.
Misdemeanor: up to 1 year in county jail. Felony: more than a year, up to state prison, plus loss of gun and other rights. Wobbler: the prosecutor gets to choose — which means it can be fought.
The three levels of California crimes
California sorts offenses into three levels. Knowing where your charge sits tells you what is at stake.
- Infraction. The lowest level. Punishable by a fine only, with no jail and usually no jury trial. Most traffic tickets are infractions.
- Misdemeanor. A crime punishable by up to one year in county jail, fines, and probation. Examples include a first-offense DUI, petty theft, and simple battery.
- Felony. The most serious level. Punishable by more than a year in custody, up to state prison, and in the most serious cases much longer. Examples include serious drug sales, grand theft of high-value property, and aggravated assault.
Misdemeanor vs. felony at a glance
Here is a side-by-side look at how the two levels compare in California.
| Factor | Misdemeanor | Felony |
|---|---|---|
| Maximum custody | Up to 1 year in county jail | More than 1 year, up to state prison |
| Where served | County jail | County jail or state prison |
| Probation | Usually informal (unsupervised) | Often formal (supervised) |
| Gun rights | Usually kept (some exceptions) | Lost |
| Voting | Kept | Restored after custody ends |
| Examples | First DUI, petty theft, simple battery | Grand theft, drug sales, aggravated assault |
Wobblers: the charges that can go either way
This is the part that surprises most people. Many California crimes are "wobblers," meaning the law lets the prosecutor charge them as either a misdemeanor or a felony. The prosecutor looks at things like how serious the harm was, whether a weapon was involved, and your criminal history. Common wobblers include many drug offenses, some theft and fraud charges, assault with a deadly weapon, and domestic violence under Penal Code 273.5.
Because the choice is a judgment call, it can be influenced. A defense attorney who gets involved early can present facts — a clean record, the real circumstances, steps you have already taken — that push a prosecutor toward filing a wobbler as a misdemeanor instead of a felony. That single decision can be the difference between county jail and prison, and between keeping or losing your gun rights.
Once a felony is filed, it is harder to walk back. The best time to argue for a misdemeanor is often before charges are even filed — which is why calling an attorney early can change the whole path of a case.
Can a felony be reduced to a misdemeanor?
Yes, if the crime is a wobbler. Under Penal Code 17(b), a judge can reduce a felony wobbler to a misdemeanor at several points: at the preliminary hearing, at sentencing, or later after you finish probation. A reduction can restore your gun rights and let you honestly say you were not convicted of a felony on many applications. Some older drug and theft felonies can also be reduced under Proposition 47. After a reduction, you may then be able to clear the case entirely through expungement.
Why the difference matters beyond jail
The jail or prison time is only part of the story. A felony conviction reaches into the rest of your life. It can cost you the right to own a firearm, make it harder to get a job or a professional license, affect immigration status, and show up on background checks for years. A misdemeanor is serious too, but its consequences are usually narrower and easier to clean up later. That is why fighting to keep a charge at the misdemeanor level — or to knock a felony down to one — is often the single most valuable thing a defense attorney does.
Frequently asked questions
What is the difference between a misdemeanor and a felony in California?
A misdemeanor is punishable by up to one year in county jail, plus fines and probation. A felony can be punished by more than a year, up to state prison, and carries longer-lasting consequences like the loss of gun rights. Many crimes, called wobblers, can be charged as either one.
What is a wobbler in California?
A wobbler is a crime that the prosecutor can file as either a misdemeanor or a felony. The choice depends on the facts and your history. Even after a felony wobbler is filed, a judge can reduce it to a misdemeanor, and an attorney can push for that.
Can a felony be reduced to a misdemeanor in California?
Yes, if the crime is a wobbler. Under Penal Code 17(b), a judge can reduce it at sentencing, after probation, or on a later petition. Some older felonies also qualify under Proposition 47. A reduction can restore rights and clear the felony.
Is an infraction a crime in California?
An infraction is the lowest level of offense, punishable by a fine only, with no jail and usually no jury trial. Most traffic tickets are infractions, so they are not treated like a misdemeanor or felony conviction.
Facing a charge and not sure if it's a misdemeanor or a felony? Attorney Randall T. Shrout is a former Sacramento County prosecutor who knows how these filing decisions are made — and how to push them the right way. He has defended criminal cases across California for over 24 years. Request a free case review or call (916) 937-8322 for a free, confidential consultation.
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