Misdemeanor & Felony Classifications & Penalties in California

You’ve been charged with a crime. Will it be a misdemeanor or a felony?

Your heart is racing. Your future feels uncertain. You need answers now.

Facing a misdemeanor or felony charge can mean the difference between months and years of your life. Between keeping your job and losing everything. Between moving forward and being stuck in the criminal justice system for decades.

California’s criminal classification system isn’t just legal terminology—it’s the framework that determines your freedom, your finances, and your future.

The Three Classifications of California Crimes

California law divides criminal offenses into three distinct categories, each carrying vastly different consequences for your life, liberty, and reputation.

1. Infractions

Infractions are the least serious violations under California law. Think of a speeding ticket or a jaywalking citation. While they won’t land you in jail, they can still impact your driving record, insurance rates, and wallet. Typical infractions include:

• Traffic violations (speeding, running red lights)
• Littering
• Minor fish and game violations
• Some noise ordinance violations

Maximum penalties for infractions are limited to fines, no jail time, no probation, no criminal record that follows you for life.

2. Misdemeanors

Misdemeanors represent a significant step up from infractions. These charges can derail your life for up to a year and leave you with a criminal record that haunts job applications, housing searches, and professional licensing for years to come.

Under California law, misdemeanors fall into two categories:

1. Standard Misdemeanors: Punishable by up to 6 months in county jail and/or fines up to $1,000
2. Gross or Aggravated Misdemeanors: Punishable by up to 364 days in county jail and/or fines up to $1,000 or more

Common misdemeanor charges include:

• DUI without injury (California Vehicle Code 23152)
• Petty theft under $950 (California Penal Code 484 and 488)
• Simple assault and battery (California Penal Code 240 and 242)
• Domestic battery (California Penal Code 243(e)(1))
• Prostitution and solicitation (California Penal Code 647(b))
• Public intoxication (California Penal Code 647(f))
• Disturbing the peace (California Penal Code 415)
• Trespassing (California Penal Code 602)
• Shoplifting under $950 (California Penal Code 459.5)

Beyond jail time and fines, misdemeanor convictions often include:

• Summary (informal) probation lasting 1 year (or more for domestic violence cases)
• Community service requirements
• Mandatory counseling or treatment programs
• Restitution payments to alleged victims
• Protective or stay-away orders

3. Felonies

Felonies represent California’s most serious criminal charges. Felony penalties may include:

• State prison sentences exceeding one year (some carrying life sentences or death)
• Fines up to $10,000 or more
• Formal (supervised) probation with strict conditions
• Strike enhancements under California’s Three Strikes Law

Examples of felony charges include:

• Murder (California Penal Code 187)
• Rape (California Penal Code 261)
• Robbery (California Penal Code 211)
• Burglary of a residence (California Penal Code 459)
• Grand theft over $950 (California Penal Code 487)
• Sale of controlled substances (California Health and Safety Code 11352)
• Assault with a deadly weapon (California Penal Code 245(a)(1))
• Kidnapping (California Penal Code 207)
• Carjacking (California Penal Code 215)

A felony conviction doesn’t just interrupt your life. It can fundamentally alter your entire future.

“Wobbler” Offenses in California

Not every crime fits neatly into the misdemeanor or felony box. California recognizes numerous “wobbler” offenses, crimes that prosecutors can charge as either misdemeanors or felonies based on:

• The specific facts of your case
• Your criminal history
• The severity of harm caused
• Prosecutorial discretion and local policies

Common wobbler offenses include:

• Assault with a deadly weapon (California Penal Code 245(a)(1))
• Elder abuse (California Penal Code 368)
• Grand theft (California Penal Code 487)
• Forgery (California Penal Code 470)
• Second-degree burglary (California Penal Code 460(b))
• Brandishing a weapon (California Penal Code 417)
• Sexual battery (California Penal Code 243.4)

The wobbler designation gives prosecutors tremendous leverage but also creates opportunities for skilled defense attorneys to negotiate charges down from felonies to misdemeanors—potentially saving years of your life and preserving future opportunities.

Sentencing Enhancements That Multiply Penalties

California law includes numerous sentencing enhancements that can dramatically increase penalties beyond the base sentence:

Weapon Enhancements

Using a firearm during certain crimes triggers mandatory additional prison time:

• Personal use of a firearm: Additional 3, 4, or 10 years
• Personal discharge of a firearm: Additional 20 years
• Discharge causing great bodily injury or death: Additional 25 years to life

Gang Enhancements

Committing crimes for the benefit of a criminal street gang adds:

• 2 to 10 years for most felonies
• 15 years to life for certain serious felonies

Prior Strike Convictions

Under the Three Strikes Law:

• One prior strike doubles your sentence
• Two prior strikes can result in 25 years to life for any new strike felony

Great Bodily Injury Enhancement

Causing serious physical injury adds 3 to 6 years to your sentence

Long-Term Consequences Beyond Criminal Penalties

The impact of a criminal conviction extends far beyond jail time and fines:

Employment Barriers

Many employers conduct background checks and may legally discriminate against those with criminal records, particularly for positions involving:

• Financial responsibility
• Working with children or vulnerable populations
• Security clearances
• Professional licensing

Housing Discrimination

Landlords routinely reject rental applications from those with criminal histories, especially felony convictions

Immigration Consequences

Non-citizens face potential:

• Deportation proceedings
• Inadmissibility for re-entry
• Denial of naturalization
• Loss of green card status

Loss of Constitutional Rights

Felony convictions may result in:

• Loss of voting rights (during incarceration and parole)
• Lifetime firearm prohibition
• Jury service disqualification

Professional License Impacts

Convictions can trigger suspension or revocation of licenses for:

• Healthcare professionals
• Teachers and educators
• Real estate agents
• Security guards
• Commercial drivers

Why Immediate Legal Representation Matters

The classification of your charge (infraction, misdemeanor, or felony) isn’t always set in stone. Early intervention by experienced counsel can influence:

• Initial charging decisions
• Reduction of wobbler offenses
• Negotiation of plea agreements
• Alternative sentencing options
• Diversion program eligibility

Every day you wait is a day lost to build your defense, preserve evidence, and protect your rights.

Prosecutors are already building their case against you. They have investigators, crime labs, and the full weight of the state behind them. You need someone in your corner who understands the system, knows the players, and fights to protect your future.

Protect Your Future Today

The difference between a misdemeanor and a felony isn’t just about time served; it’s about the life you’ll lead after the case ends. It’s about whether you can pursue your career, provide for your family, and move forward with dignity.

At David P. Shapiro Criminal Defense Attorneys, we’ve spent decades navigating San Diego County’s criminal courts, securing not guilty verdicts from DUI charges to murder cases. We understand that behind every charge is a person facing one of the most frightening experiences of their life.

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life-altering and long-lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.