Felonies vs. Misdemeanors in California: What to Know 

If you or a loved one has been charged with a crime, your mind is likely filled with questions. When you hear phrases like “felony” and “misdemeanor,” you may wonder what they mean. You might also wonder about the differences between the two. 

This article answers questions about the similarities and differences between felonies and misdemeanors in California. It also discusses how each type of charge can affect you or your loved one’s life. Finally, it explains how a Marin County criminal defense lawyer can help you and your family through this time.

What is a Felony in California?

Felonies are serious crimes. These offenses generally involve: 

• Death or significant bodily injury (e.g., murder and aggravated assault),
• Substantial emotional trauma (e.g., kidnapping),
• Extensive property damage (e.g., arson),  
• Significant financial loss or economic harm (e.g., major fraud schemes), 
• Use of deadly weapons, or 
• Harm to multiple victims. 

In California, felonies are punishable by death or imprisonment. However, if there isn’t a plea agreement, the sentencing judge determines the specific term of imprisonment by  looking at the  high, middle, and low sentencing options provided for the felony in the Penal Code. For example, in California, kidnapping is punishable by three, five, or eight years in prison. The judge will look at factors such as the defendant’s criminal history and the nature of the crime to determine which of the three options is the most appropriate. 

Judges can also require people convicted of felonies to pay fines, fees, and restitution. Unless the law states otherwise, most felonies carry a maximum fine of $10,000. 

What is a Misdemeanor in California?

Generally, misdemeanors don’t involve the same level of injury, property damage, or financial loss as felonies. As such, they are punished at a much lower level. In California, unless the specific law states otherwise, the minimum prison term for a felony is 16 months. By contrast, the maximum punishment for the most serious misdemeanors is 364 days in jail. However, in California, the maximum term for most misdemeanors is six months in prison.

Similarities Between California Felonies and Misdemeanors

In California, felonies and misdemeanors carry different punishments. But despite this major difference, the two categories also share some similarities. For example, whether the crime is a felony or a misdemeanor: 

• Jail time is a possibility,
• Fines or other financial penalties can be imposed, 
• Prosecutors may offer a plea deal, 
• Official court proceedings, such as arraignments and sentencings, are required to resolve the case.

Also, California law requires that most felony and misdemeanor convictions be sealed after a certain time. Additionally, the state’s Fair Chance Act makes it difficult for employers to use either felony or misdemeanor convictions against job applicants. However, even with these protections, a felony or misdemeanor conviction can be used to revoke a professional license. 

Differences Between California Felonies and Misdemeanors 

Beyond the differences in punishments, one of the biggest contrasts between felonies and misdemeanors is their effects. Lawyers call these collateral consequences. 

Voting rights. In California, misdemeanor convictions do not impact voting rights. In fact, a person who is in jail for a misdemeanor can vote while incarcerated. However, a person convicted of a state or federal felony cannot vote while they are imprisoned. (The state will restore the person’s voting rights once they are released.) 

Gun rights. In California, a felony conviction leads to a lifetime ban on firearm ownership. By contrast, most misdemeanors have no such limitation. For those that do (e.g., misdemeanor domestic violence, stalking, and battery), the ban only lasts for 10 years. 

Time. Generally, felony cases take longer to resolve than misdemeanors. This is especially true in cases with multiple defendants or those involving complex conspiracies or schemes. 

Immigration. Technically, both felonies and misdemeanors can lead to immigration consequences. However, felony convictions are more generally likely to result in deportation. 

Public office. California law prevents people convicted of felonies such as corruption, bribery, perjury, and embezzlement of public funds from holding elected office. The only misdemeanor that carries this consequence is corruption of office.

Is it a Felony or a Misdemeanor? (Or, “What is a ‘wobbler’?”) 

In California, some crimes can be felonies or misdemeanors depending on the circumstances. Lawyers call these “wobblers.” Crimes like assault with a deadly weapon, domestic violence, DUI causing injury, grand theft, and receipt of stolen property are wobblers. 

The initial decision on whether a wobbler should be treated as a felony or misdemeanor is up to the prosecutor. In addition to considering the factors that differentiate felonies and misdemeanors, the prosecutor will review factors such as the defendant’s criminal record, their role in the offense, their remorse, and whether they cooperated with the investigation. While the prosecutor makes the first decision, California law also allows judges to reduce felony wobblers to misdemeanors under certain circumstances. Your Marin County criminal defense attorney can help you understand if this reduction is possible in your case. 

Reducing a felony to a misdemeanor means that the crime will be treated as a misdemeanor for all legal purposes. As such, the defendant can avoid most of the negative consequences that come with a felony conviction. For example, felony convictions allow judges to impose harsher sentences in future cases. Treating a wobbler as a misdemeanor protects the defendant from this result and other poor outcomes. 

However, treating a wobbler as a misdemeanor does not avoid all consequences. Depending on the charge, some consequences, such as limits on gun ownership, will remain. If you’ve been charged with a wobbler offense, talk to your defense attorney about how it might be treated. 

Get Help with a Felony or Misdemeanor Charge 

A criminal case can affect your life in many ways. If you’re facing criminal charges, you should consult a Marin County criminal defense attorney immediately. Your defense attorney can argue that your wobbler charge should be treated as a misdemeanor, help you avoid consequences like the loss of firearms, work on expunging your record, and much more. 

If you or a loved one needs legal help with a felony, misdemeanor, or wobbler charge, contact Brownstein Law Group. Our team has years of experience handling criminal cases and getting great results for our clients. To learn more about how Brownstein Law can help you or your family, call 415-795-9059 or use our online form to get in touch today.