The Differences Between a Felony and a Misdemeanor in California

Introduction–A Guide by a Los Angeles and Orange County Criminal Defense Lawyer

If you or a loved one has been arrested in Los Angeles, Orange County, or anywhere in Southern California, one of the first questions you may have is: What is the difference between a felony and a misdemeanor? This distinction is crucial because it impacts your possible penalties, whether you go to county jail or state prison, how your case will proceed through the California courts, and the lasting consequences on your reputation, employment, and civil rights. At Power Trial Lawyers, our mission is to defend your rights with precision, strategy, and compassion. We empower clients with knowledge and provide the aggressive representation needed to protect their future. Consult with a Los Angeles Criminal Defense Lawyer or an Orange County Criminal Defense Lawyer.

As highly recognized Los Angeles Criminal Defense Lawyers and Orange County Criminal Defense Lawyers, we have defended clients in thousands of cases ranging from misdemeanor DUIs to complex felony firearm charges. This article will help you understand how California law treats misdemeanors and felonies, why the differences matter, and how hiring an experienced defense lawyer can make all the difference.

What is a Misdemeanor in California?

Definition

Under California law, misdemeanors are considered less severe crimes than felonies but are still serious enough to carry criminal records and life-altering penalties. A misdemeanor is punishable by up to 1 year in county jail, fines up to $1,000 (sometimes more depending on the statute), probation, and other collateral consequences. They are prosecuted in California’s Superior Courts, usually handled at the county level (Los Angeles, Orange, Long Beach, Riverside, etc.).

Common Examples of Misdemeanors

• Driving Under the Influence (DUI) – first offense without injury (Vehicle Code § 23152)
• Petty theft (Penal Code § 484)
• Shoplifting (Penal Code § 459.5)
• Simple assault (Penal Code § 240)
• Battery (Penal Code § 242)
• Domestic battery (Penal Code § 243(e)(1))
• Trespassing (Penal Code § 602)
• Reckless driving (Vehicle Code § 23103)
• Disturbing the peace (Penal Code § 415)

Penalties for Misdemeanors

Misdemeanors in California carry penalties that can vary by statute:

• Jail time: up to 1 year in county jail (Penal Code § 19.2)
• Fines: generally up to $1,000, though some misdemeanors carry higher fines (for example, certain DUI offenses)
• Informal (summary) probation: a period of supervision in lieu of or in addition to jail
• Court-ordered programs: including DUI education, anger management, batterer’s intervention, or theft prevention classes
• Community service or work release: as alternatives to jail
• Protective orders: in domestic violence or harassment cases

Aggravated or “Gross” Misdemeanors

Certain misdemeanors, sometimes referred to as “gross” or “aggravated” misdemeanors, may carry enhanced penalties. For example:

• DUI with elevated blood alcohol may carry enhanced jail time.
• Battery against a police officer (Penal Code § 243(b)) has increased sentencing.
• Repeat offenses (such as multiple petty thefts) can escalate to felony charges under California’s “petty theft with a prior” statute (Penal Code § 666).

Real-World Example: DUI First Offense

A client arrested for a first-time DUI in Los Angeles under Vehicle Code § 23152 faced up to 6 months in jail, fines, license suspension, and mandatory DUI school. Through strategic negotiations, we secured a reduced charge and avoided jail time, preserving the client’s professional license and preventing long-term employment consequences.

Expungement of Misdemeanors

Many misdemeanor convictions are eligible for expungement under Penal Code § 1203.4 once probation is completed. This can provide significant relief in employment and professional licensing applications. However, the conviction is not fully erased and still carries consequences in immigration or firearms contexts.

Long-Term Impact of Misdemeanors

Although not as serious as felonies, misdemeanors can:

• Show up on background checks and limit employment opportunities
• Affect immigration status, potentially resulting in deportation or inadmissibility depending on the offense (e.g., crimes of moral turpitude)
• Jeopardize professional licenses (nurses, teachers, contractors, real estate brokers, etc.)
• Restrict firearm ownership in certain domestic violence misdemeanors (Penal Code § 29805)
• Increase penalties for future offenses, since prior misdemeanors can be used as sentencing enhancements or to elevate future charges to felonies (for example, multiple DUIs or theft priors)

In short, misdemeanors are not “minor” in the sense of having no long-term consequences. They can seriously affect freedom, finances, immigration, and careers. That’s why having a skilled Los Angeles Criminal Defense Lawyer or Orange County Criminal Defense Lawyer is essential even for a misdemeanor charge.

What is a Felony in California?

Definition

Felonies are the most serious category of crimes under California law. They are punishable by more than one year in state prison, and in the most severe cases, life imprisonment or even the death penalty. Unlike misdemeanors, felony convictions carry lifelong consequences that extend far beyond incarceration. They create a permanent criminal record, strip away civil rights, and often impose a stigma that can follow a person for decades. In California, felonies are prosecuted with intensity, and the stakes could not be higher for anyone facing such charges.

Common Examples of Felonies

Felonies encompass a wide range of offenses. Some of the most commonly charged felonies in Los Angeles and Orange County include:

• Murder (Penal Code § 187): The unlawful killing of another person with malice aforethought.
• Rape (Penal Code § 261): Non-consensual sexual intercourse accomplished by force, threat, or fraud.
• Robbery (Penal Code § 211): Taking property directly from another person using force or fear.
• Domestic violence causing injury (Penal Code § 273.5): Infliction of corporal injury resulting in a traumatic condition.
• Possession of firearms by a felon (Penal Code § 29800): Unlawful firearm possession by a person with a prior felony.
• Drug trafficking or possession for sale (Health & Safety Code § 11351): Selling, transporting, or possessing controlled substances with intent to distribute.
• Burglary in the first degree (Penal Code § 459): Entering an inhabited dwelling with intent to commit theft or another felony.
• White collar crimes such as large-scale fraud or embezzlement.

Penalties for Felonies

Felony sentences in California vary widely depending on the crime, prior record, and aggravating factors. Typical consequences include:

• State prison terms: From 16 months to several years, life sentences, or death in capital cases.
• Fines and restitution: Court-imposed fines, plus mandatory restitution to victims.
• California Three Strikes Law (Penal Code §§ 667, 1170.12): Repeat serious or violent felony convictions can trigger enhanced sentencing up to 25 years to life.
• Loss of civil rights: Felony convictions may result in the loss of voting rights while incarcerated, permanent loss of firearm ownership, and exclusion from jury service.
• Immigration consequences: Felonies are often classified as aggravated felonies under federal law, leading to deportation or permanent inadmissibility for non-citizens.
• Collateral impacts: Barriers to employment, housing, professional licenses, and public benefits.

Sentencing Enhancements and Aggravating Factors

Felony charges often carry enhancements that can significantly increase penalties:

• Use of a firearm during commission of a crime (Penal Code § 12022.5)
• Causing great bodily injury (Penal Code § 12022.7)
• Gang-related offenses (Penal Code § 186.22)
• Prior strike convictions under the Three Strikes Law

These enhancements can turn a sentence of just a few years into decades behind bars. An experienced Los Angeles Criminal Defense Lawyer can fight to challenge enhancements, reduce charges, or negotiate more favorable terms.

Real-World Example: Firearm Felony Case

A client was charged under Penal Code § 29800 for firearm possession as a prior felon. The prosecution sought a multi-year prison sentence. Through aggressive motions to suppress evidence obtained during an illegal search and strategic negotiations with the District Attorney, we secured a reduction of the charge to a misdemeanor under Penal Code § 17(b). This spared the client prison time, allowed them to continue working, and preserved their family stability.

Expungement and Post-Conviction Relief for Felonies

While felonies are severe, relief options exist in some cases:

• Reduction to a misdemeanor under Penal Code § 17(b) for wobblers.
• Expungement under Penal Code § 1203.4, available after successful probation for certain felonies.
• Resentencing petitions under Penal Code § 1172.6 (for certain felony murder or attempted murder convictions).
• Certificates of rehabilitation and pardons to restore civil rights.

Long-Term Impact of Felonies

Felony convictions are life-altering. Beyond incarceration, felonies can:

• Result in permanent loss of gun ownership rights, creating serious consequences for anyone in firearm-related professions.
• Prevent you from obtaining housing, as many landlords conduct background checks and deny applications with felony records.
• Lead to job loss and professional disqualification, particularly in industries such as healthcare, finance, real estate, and education.
• Trigger deportation for non-citizens, even for long-time permanent residents.
• Damage reputation and relationships, causing personal and professional setbacks that last long after serving a sentence.

In short, facing a felony charge in California is facing a fight for your life, your freedom, and your future. The only effective response is to secure representation from a trusted, trial-tested, and aggressive defense firm like Power Trial Lawyers, where every strategy is designed to protect what matters most: your freedom and your future.

Wobblers: Crimes That Can Be Charged as Either Felony or Misdemeanor

California law classifies some crimes as wobblers, meaning prosecutors can charge them as either felonies or misdemeanors depending on the circumstances, the seriousness of the conduct, and the defendant’s prior criminal record. This unique category is critical because it places enormous power in the hands of prosecutors—and provides significant opportunities for defense attorneys to advocate for reduced charges.

What Are Wobblers?

Wobblers occupy a middle ground between misdemeanors and felonies. The same offense may be filed as a felony in one case and a misdemeanor in another, depending on:

• The facts of the case (extent of harm, use of weapons, victim impact)
• The defendant’s criminal history
• Mitigating or aggravating circumstances (such as cooperation, restitution, or violence)
• The strength of the defense strategy presented by your lawyer

Examples of Wobbler Offenses

• Assault with a deadly weapon (Penal Code § 245)
• Grand theft (Penal Code § 487)
• Forgery (Penal Code § 470)
• Certain DUIs involving injury (Vehicle Code § 23153)
• Child endangerment (Penal Code § 273a)
• Criminal threats (Penal Code § 422)
• Burglary in the second degree (Penal Code § 459)
• Vandalism causing significant damage (Penal Code § 594)

Why Wobblers Matter

The classification of a wobbler can make the difference between:

• Serving state prison time or receiving probation/community service
• Carrying a felony record that limits jobs and civil rights, or a misdemeanor record with fewer long-term consequences
• Losing civil rights permanently (such as firearm ownership) or preserving them
• Facing immigration removal or being able to remain in the United States

Because of these life-altering outcomes, wobblers often represent the most strategic opportunities in criminal defense. An experienced Los Angeles Criminal Defense Lawyer or Orange County Criminal Defense Lawyer can present evidence of mitigating circumstances, highlight weaknesses in the prosecution’s case, and negotiate aggressively with the District Attorney to secure misdemeanor treatment—or even dismissal.

The Role of Penal Code § 17(b)

California Penal Code § 17(b) gives judges the power to reduce wobblers from felonies to misdemeanors. This may occur:

• At the preliminary hearing stage
• At sentencing, if the judge finds probation appropriate
• Post-conviction, through a motion once probation is successfully completed

Having a skilled lawyer argue a § 17(b) motion can dramatically change the trajectory of a defendant’s life.

Conversion Value: Why Clients Facing Wobblers Need Immediate Counsel

For anyone arrested on a wobbler offense, time is of the essence. Early intervention by defense counsel can:

• Influence the charging decision before filing
• Shape negotiations to push for misdemeanor treatment
• Protect immigration status and employment opportunities
• Preserve rights to expungement and record sealing later

At Power Trial Lawyers, we understand the leverage points in wobbler cases. Our proactive approach includes presenting mitigation packages, contacting prosecutors before filing, and filing § 17(b) motions when appropriate. The sooner you call us, the more options we have to keep your record clean.

Wobblers are crossroads cases. With the right defense, a felony can be reduced to a misdemeanor—or even dismissed. Without strong advocacy, the same case could result in years of prison and permanent damage to your future. Don’t take chances. Contact our experienced team to fight for your best possible outcome.

The California Criminal Court Process: Step-by-Step

Facing criminal charges in California can feel overwhelming. Whether the case involves a misdemeanor or felony, the court process follows a structured path that can be intimidating without the right guidance. Below is a full breakdown of each stage, what to expect, and how having a skilled Los Angeles Criminal Defense Lawyer or Orange County Criminal Defense Lawyer from Power Trial Lawyers can make a decisive difference.

Arrest and Booking

• The Arrest: Law enforcement detains you if they believe there is probable cause you committed a crime.
• Booking: At the station or jail, your fingerprints and photographs are taken, and your information is entered into the criminal justice database.
• Bail Setting: Depending on the severity of the charge and your record, bail may be set immediately according to the county bail schedule, or you may be held until arraignment.
• Attorney Intervention: At this stage, an attorney can sometimes arrange an early release, challenge probable cause, or negotiate lower bail.

Arraignment

• Formal Charges: The arraignment is your first court appearance where the charges are formally read.
• Entering a Plea: You may plead guilty, not guilty, or no contest. Most defendants plead not guilty initially to preserve rights.
• Bail Arguments: Your lawyer can argue for your release on your own recognizance (OR release) or for reduced bail.
• Conversion Value: This is the first critical moment when having counsel ensures your rights are preserved and sets the tone for the defense strategy.

Pre-Trial Proceedings

• Discovery: The prosecution provides evidence, including police reports, witness statements, and forensic results. A skilled defense team scrutinizes every detail.
• Motions: Your lawyer may file motions to dismiss charges, suppress illegally obtained evidence, or compel disclosure of exculpatory evidence.
• Negotiations: Many cases resolve here through plea agreements or diversion programs that may avoid conviction altogether.
• Client Advantage: Effective pre-trial advocacy can result in reduced charges, eligibility for pre-trial diversion, or outright dismissal.

Preliminary Hearing (Felonies Only)

• Purpose: A judge evaluates whether sufficient evidence exists to hold you for trial.
• Defense Rights: The defense can cross-examine witnesses and challenge evidence.
• Strategic Value: This hearing provides insight into the prosecution’s case, allows the defense to weaken witness credibility, and may lead to dismissal if evidence is insufficient.

Trial

• Presentation of Evidence: Both sides present testimony, documents, and forensic results before a jury or judge.
• Burden of Proof: The prosecution must prove guilt beyond a reasonable doubt, a high standard that creates opportunities for acquittal.
• Defense Strategy: Your lawyer highlights weaknesses, presents counter-evidence, and advocates passionately on your behalf.
• Conversion Note: Trials carry the highest stakes—without strong representation, conviction can mean years in prison.

Sentencing

• Judicial Determination: If convicted, the judge imposes penalties. Sentences may include jail, prison, fines, restitution, probation, or community service.
• Advocacy at Sentencing: Defense counsel can present mitigating factors—such as rehabilitation, family support, or restitution—to seek lighter sentences or alternatives like treatment programs.
• Impact: The sentencing stage determines not just immediate punishment but also long-term consequences, making skilled advocacy essential.

Appeals & Post-Conviction Relief

• Appeals: If legal errors occurred during trial, a defendant has the right to a direct appeal. This process begins by filing a Notice of Appeal. In California, misdemeanor appeals must generally be filed within 30 days of judgment, and felony appeals must be filed within 60 days. Missing this deadline can forfeit the right to appeal entirely. Once filed, the appellate court reviews the trial court record, transcripts, and written briefs submitted by both sides. Oral argument may also be held. The appellate court does not hear new evidence but instead reviews whether legal mistakes affected the outcome.
• Appeal Outcomes: The appellate court may affirm the conviction, reverse it, order a new trial, or remand the case for resentencing. In some cases, convictions are overturned due to improper jury instructions, constitutional violations, ineffective assistance of counsel, or admission of illegally obtained evidence.
• Post-Conviction Remedies: Relief options include:
  • Penal Code § 1172.6: Resentencing for certain felony murder and attempted murder convictions.
  • Penal Code § 17(b): Reduction of wobblers from felonies to misdemeanors.
  • Penal Code § 1203.4: Expungement of many misdemeanor and some felony convictions.
  • Habeas Corpus Petitions: For wrongful imprisonment or constitutional violations.
• Filing a timely notice of appeal preserves rights, while skilled appellate advocacy can reverse wrongful convictions or reduce sentences. Even after conviction, there are powerful tools to protect your record and future. Having experienced counsel can turn setbacks into second chances. Consult with a criminal appeals lawyer at 888-808-2179.

Why You Need a Criminal Defense Lawyer in Los Angeles or Orange County

The California criminal justice system is not designed for defendants to navigate alone. Police, prosecutors, and judges have significant resources and experience, while the accused often face the process for the first time. Without an attorney, you are at risk of unfair treatment, harsher penalties, and permanent consequences that could have been avoided. Having an experienced criminal defense lawyer in Los Angeles or Orange County levels the playing field and ensures your rights are protected at every stage.

What a Skilled Criminal Defense Lawyer Does for You

An experienced defense lawyer can:

• Investigate aggressively: Interview witnesses, gather evidence, and expose weaknesses in the prosecution’s case.
• Challenge constitutional violations: Suppress evidence from illegal searches, unlawful traffic stops, or coerced confessions.
• Seek dismissals or reductions: File strategic motions to dismiss charges outright or reduce them to lesser offenses.
• Negotiate with prosecutors: Pursue favorable plea agreements, diversion programs, or reduced sentencing when appropriate.
• Fight at trial: Present a compelling defense before a jury and challenge the state’s burden of proof beyond a reasonable doubt.
• Protect long-term rights: Safeguard against felony convictions that strip away civil rights, affect immigration status, and limit professional opportunities.

Local Advantage: Los Angeles and Orange County Courts

Every courthouse in Southern California has its own culture, judges, and procedures. A defense lawyer familiar with Los Angeles Superior Court and Orange County Superior Court understands the nuances of each courtroom, the tendencies of local prosecutors, and the strategies that yield results in front of specific judges. At Power Trial Lawyers, our experience in these courts allows us to anticipate challenges and leverage relationships to benefit our clients.

Why Power Trial Lawyers?

At Power Trial Lawyers, we are more than just legal representatives—we are strategic defenders of your future. We combine trial-tested experience with compassionate support so that you are never left in the dark about your case. Our approach includes:

• Personalized strategies tailored to your unique situation.
• Proactive communication, ensuring you understand your rights and options.
• Aggressive representation against both misdemeanor and felony charges, including serious firearm, domestic violence, and fraud cases.
• Focus on results, whether that means case dismissal, charge reduction, or securing alternative sentencing.

Clients hire us because they need peace of mind that their case is being handled by a powerhouse team. Whether accused of misdemeanor theft, DUI, or felony firearm possession, our goal is always the same: to safeguard your rights, minimize the impact on your life, and fight for your best possible outcome.

Defenses to Felony and Misdemeanor Charges

Mounting a strong defense is the heart of every criminal case. California law provides numerous protections for defendants, and an experienced criminal defense lawyer in Los Angeles or Orange County can identify weaknesses in the prosecution’s case that may result in dismissal, reduction, or acquittal.

Common and Effective Defenses

• Lack of probable cause for the arrest: If police lacked a valid legal basis to detain or arrest you, the case may be dismissed.
• Unlawful search and seizure: Evidence obtained in violation of the Fourth Amendment—such as through warrantless searches—can often be suppressed.
• Self-defense or defense of others: California law allows reasonable force to protect oneself or others from imminent harm.
• Mistaken identity: Eyewitness testimony is notoriously unreliable. False identification can be challenged through cross-examination and expert testimony.
• Entrapment: If law enforcement induced you to commit a crime you otherwise would not have committed, charges may be dismissed.
• Insufficient or unreliable evidence: If the prosecution’s evidence is circumstantial, contradictory, or fails to prove guilt beyond a reasonable doubt, the case should not stand.
• Police misconduct or violation of rights: Cases can be dismissed when officers fabricate evidence, use excessive force, or deny a suspect constitutional rights.

Advanced Defense Strategies

A skilled defense attorney may also use:

• Motions to suppress evidence (Penal Code § 1538.5)
• Expert witnesses to challenge forensic evidence, DNA, or ballistics
• Character evidence and mitigation packages showing good moral standing
• Alternative sentencing arguments to reduce exposure to jail or prison

Real-World Example: Felony Gun Possession in Los Angeles

One of our clients in Los Angeles was charged with felony firearm possession under Penal Code § 29800 as a prior felon. The District Attorney sought a multi-year prison sentence. We filed motions to suppress based on an unconstitutional vehicle search, highlighting that the firearm was discovered during an unlawful stop. We also presented extensive mitigation, including proof of employment, community service, and family responsibilities. As a result, the court agreed to reduce the charge to a misdemeanor under Penal Code § 17(b). The client avoided prison, retained employment, and later became eligible for expungement under Penal Code § 1203.4.

Defenses exist, even in the toughest cases. Whether you are accused of DUI, domestic violence, theft, or a serious firearm offense, hiring the right defense lawyer can mean the difference between years in prison and walking away with your future intact.

Collateral Consequences of Convictions

For Misdemeanors

• Employment restrictions
• Professional licensing issues
• Immigration risks for non-citizens
• Travel restrictions

For Felonies

• Permanent firearm ban
• Loss of voting rights while incarcerated
• Severe immigration consequences
• Ineligibility for government benefits
• Difficulty securing employment or housing

FAQs: Felony vs. Misdemeanor in California

Q: Can a misdemeanor be reduced to an infraction?
Yes, in some cases, such as traffic-related misdemeanors, charges can be reduced with the right strategy.

Q: Can a felony be reduced to a misdemeanor?
Yes, wobblers can be reduced through negotiation or post-conviction relief under Penal Code § 17(b).

Q: Will a misdemeanor show up on my background check?
Yes, unless expunged, misdemeanors appear on background checks and can affect jobs and licensing.

Q: How long does a felony stay on my record?
Felony convictions remain unless reduced, expunged, or sealed.

Q: Do I need a lawyer for a misdemeanor?
Absolutely. Even misdemeanors can damage your record and future opportunities if not handled properly.

Q: What is the difference in immigration consequences between a felony and a misdemeanor?
Certain misdemeanors may still result in deportation. Felonies almost always trigger serious immigration consequences for non-citizens.

Q: What is an example of a successful defense to felony charges?
In one case, a client charged with robbery under Penal Code § 211 faced years in prison. Through surveillance review and alibi witnesses, we proved misidentification, and the charges were dismissed.

Protect Your Future Today

Whether you are facing a misdemeanor shoplifting case or a felony firearm charge, the stakes are too high to face alone. The difference between a felony and misdemeanor in California is more than just a legal definition—it can determine your freedom, your career, and your reputation.

At Power Trial Lawyers, we are relentless in protecting our clients across Los Angeles, Orange County, and all of Southern California. Call us today at (888) 808-2179 for a confidential consultation with an experienced Los Angeles Criminal Defense Lawyer.

Your future is too important to leave to chance. Let us stand with you, defend your rights, and fight for your freedom.