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

June 27, 2025

If you’re facing criminal charges in California, the distinction between a felony and a misdemeanor isn’t just legal jargon; it’s a critical factor that can define your future. Whether it’s the time you spend behind bars, the civil rights you retain, or your chances of employment, understanding the gravity of your charge is essential. 

In this guide, we break down exactly what separates felonies and misdemeanors under California law, how they affect your life, and what legal strategies may help mitigate the consequences. 

Understanding California’s Legal Classifications 

What Is a Misdemeanor in California? 

Misdemeanors are considered less serious offenses, punishable by no more than one year in county jail and/or fines up to $1,000. Common examples include: 

• Petty theft 

• First-time DUI 

• Simple assault 

• Trespassing 

Judges may also assign informal probation, community service, or mandatory counseling in lieu of jail time. 

What Is a Felony in California? 

Felonies are far more serious and can result in over one year in state prison. Some may even carry life sentences depending on the severity. Common felony offenses include: 

• Robbery 

• Burglary 

• Drug trafficking 

• Aggravated assault 

• Homicide 

Felonies may also involve hefty fines and formal probation, which includes regular reporting and strict compliance requirements. 

Misdemeanor vs Felony: Side-by-Side Comparison 

Wobbler Offenses: The Legal Gray Area 

Some crimes, known as “wobblers,” can be charged as either a felony or a misdemeanor. The classification depends on several factors, such as: 

• The severity of the crime 

• Whether there was a weapon involved 

• The defendant’s criminal history 

Examples of wobblers include domestic violence, fraud, and assault with a deadly weapon. 

Legal Strategy Tip: 

Under California Penal Code §17(b), your attorney can petition the court to reduce a wobbler felony to a misdemeanor—especially during sentencing or after probation is completed. 

How Sentencing and Penalties Differ 

Jail vs. Prison 

Misdemeanors typically result in a short jail stay or probation. Felony convictions, however, often lead to state prison time, particularly for violent crimes or repeat offenses. 

Additional Penalties 

Beyond incarceration and fines, both charges can lead to: 

• Restitution to victims 

• Mandatory counseling or rehab 

• Loss of professional licenses 

Example: A first-time misdemeanor DUI may result in a 6-month license suspension, a fine, DUI school, and informal probation. 

Long-Term Consequences 

Civil Rights 

Felonies can strip you of: 

• Gun ownership rights 

• Voting privileges (while incarcerated) 

• The ability to hold public office 

Employment and Housing 

Many employers conduct background checks, and a felony can: 

• Prevent you from obtaining certain licenses 

• Make it difficult to secure housing 

Even misdemeanors may appear on background checks, raising red flags with landlords or hiring managers. 

Immigration Status 

For non-citizens, criminal convictions can have devastating immigration consequences. A felony or even a misdemeanor involving “moral turpitude” may trigger: 

• Deportation 

• Visa denial 

• Ineligibility for green cards 

Recent California Law Updates 

Proposition 47 (2014) 

Reduced several non-violent felonies—like shoplifting and simple drug possession—to misdemeanors. Resulted in fewer incarcerations and saved the state millions. 

Proposition 36 (2024 Update) 

Tightened repeat-offender laws. Now, certain property and drug offenses once eligible for Prop 47 relief can once again be filed as felonies under repeat-offender statutes. 

Can You Reduce or Clear Your Record? 

Felony Reduction 

If your charge is a wobbler, you may be eligible to petition for reduction to a misdemeanor under Penal Code §17(b). 

Expungement 

Under Penal Code §1203.4, both misdemeanors and certain felonies can be dismissed after successful completion of: 

• Probation 

• Jail time 

• Fines and restitution 

Eligibility Checklist: 

• Completed sentence 

• No new offenses 

• Offense is not ineligible (e.g., some sex crimes) 

What Expungement Can—and Can’t—Do 

It can: 

• Improve job prospects 

• Help with housing 

It can’t: 

• Reinstate gun rights 

• Seal your record entirely (sealing is a separate process) 

Real-World Case Examples 

Case 1: Petty Theft as a Felony 

Client faced felony charges for shoplifting due to prior convictions. After negotiations and restitution, the charge was reduced to a misdemeanor. 

Case 2: Assault with a Deadly Weapon 

Initially charged as a felony but reduced to a misdemeanor after the attorney proved there was no intent to cause serious injury. 

Case 3: Second DUI Offense 

Charged as a felony due to prior DUI and injury involved. The defense negotiated a treatment-based sentence, avoiding prison time. 

What to Do If You’re Charged in California 

Immediate Steps: 

1. Do not speak to law enforcement without an attorney present. 

1. Write down everything you remember from the incident. 

1. Gather documentation that may help (e.g., texts, photos, names of witnesses). 

1. Contact a defense lawyer within 24 hours. 

Understanding the difference between a felony and a misdemeanor in California is more than just legal semantics—it’s the first step toward protecting your rights, your freedom, and your future. Whether you’re hoping to reduce charges, seek an expungement, or simply need guidance, know that legal support is available. 

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Misdemanor vs felony

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