Misdemeanor vs. Felony in California: What’s the Difference?
Misdemeanor vs. Felony in California: What’s the Difference?
When facing criminal charges in California, one of the first things to understand is whether you’re being charged with a misdemeanor or a felony. This distinction can significantly affect the outcome of your case, including potential penalties and long-term consequences. At Email My Lawyer, we offer legal assistance to the San Diego community and help individuals understand and defend against these charges.
What Is a Misdemeanor?
Misdemeanors are considered less serious crimes under California law. These offenses typically involve limited harm to people or property and often come with lighter penalties. Some common misdemeanor charges include:
- Driving under the influence (first offense)
- Petty theft
- Simple assault
- Vandalism under $400
- Trespassing
Penalties for misdemeanors may include:
- Up to 1 year in county jail
- Fines of up to $1,000
- Community service or mandatory classes
- Informal probation
While a misdemeanor conviction is not as severe as a felony, it can still carry lasting consequences, such as a criminal record that may affect employment or housing opportunities.
What Is a Felony?
Felonies are the most serious types of criminal offenses in California. These crimes often involve violence, large financial loss, or significant harm to victims. Examples of felonies include:
- Robbery
- Burglary
- Felony DUI (multiple offenses or injury involved)
- Drug trafficking
- Assault with a deadly weapon
- Certain types of fraud or embezzlement
Penalties for felonies can include:
- 16 months to life in state prison
- Substantial fines
- Parole or formal probation
- Permanent loss of certain civil rights (such as voting or owning firearms)
What Are “Wobblers”?
California law also recognizes “wobblers”—offenses that can be charged as either misdemeanors or felonies depending on the specifics of the case, such as the defendant’s criminal history and the facts surrounding the incident. Examples include domestic violence, some DUI offenses, and certain types of theft.
Whether a charge is filed as a misdemeanor or a felony can greatly influence the case strategy and potential outcomes. This is why it’s so important to have knowledgeable legal representation from the start.
Facing Criminal Charges in San Diego?
If you or a loved one has been charged with a misdemeanor or felony in San Diego, don’t face the criminal justice system alone. At Email My Lawyer, we are committed to helping clients understand their rights, evaluate their options, and build a strong defense. We’re here to provide guidance every step of the way.
