When you’re charged with a crime in California, one of the most critical distinctions you’ll encounter is whether the offense is classified as a misdemeanor or a felony. This classification impacts everything—from the potential penalties you face to your legal rights and long-term future.
At Carolyn L. Oliver | Criminal Defense Law Firm, we specialize in helping clients in San Diego and throughout California understand their charges and fight for the best possible outcome. Here’s a deep dive into the differences between misdemeanors and felonies—and how we can help protect your rights every step of the way.
1. What Is a Misdemeanor in California?
A misdemeanor is considered a less serious crime than a felony, but it still carries significant legal and personal consequences.
Common Misdemeanors Include:
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DUI (first offense)
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Petty theft
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Simple battery
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Disorderly conduct
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Vandalism under $400
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Driving on a suspended license
Penalties for Misdemeanors:
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Up to 1 year in county jail
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Fines up to $1,000
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Probation
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Community service or classes
While misdemeanors are less severe, a conviction still creates a criminal record that can affect employment, housing, and immigration status.
2. What Is a Felony in California?
A felony is a more serious criminal charge and can result in much harsher penalties, including state prison time.
Common Felonies Include:
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Robbery
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Burglary
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Assault with a deadly weapon
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Grand theft
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Drug trafficking
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Rape or sexual assault
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Homicide
Penalties for Felonies:
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16 months to life in prison (depending on the crime)
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Substantial fines (often over $10,000)
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Formal probation or parole
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Loss of civil rights (e.g., voting, firearm ownership)
Convicted felons may face long-term consequences, including difficulty finding work, loss of professional licenses, and even deportation for non-citizens.
3. What About “Wobblers”?
California also classifies certain crimes as wobblers—offenses that can be charged as either a misdemeanor or a felony depending on:
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The facts of the case
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The defendant’s criminal history
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The discretion of the prosecutor or judge
Examples of Wobblers:
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Domestic violence
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Assault with a deadly weapon (non-firearm)
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Embezzlement
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Certain fraud offenses
A skilled defense attorney like Carolyn Oliver can often negotiate for a wobbler to be reduced to a misdemeanor—or even dismissed—through pretrial motions or plea negotiations.
4. Key Differences Between Misdemeanors and Felonies
| Feature | Misdemeanor | Felony |
|---|---|---|
| Jail/Prison Time | Up to 1 year (county jail) | 16 months to life (state prison) |
| Fines | Usually up to $1,000 | Often over $10,000 |
| Probation Type | Informal (summary) | Formal probation or parole |
| Expungement | Usually eligible | Limited eligibility; more complex |
| Voting Rights | Not affected | Lost while incarcerated or on parole |
| Gun Rights | Usually not affected | Lost permanently in most cases |
5. How a Criminal Defense Attorney Can Help
Whether you’re charged with a misdemeanor or felony, you should never face criminal prosecution without legal representation.
At Carolyn L. Oliver | Criminal Defense Law Firm, we:
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Challenge the validity of the charges
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Negotiate to reduce or dismiss charges
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File pretrial motions to suppress evidence
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Prepare an aggressive defense for trial if necessary
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Seek sentencing alternatives like diversion or rehab
Even a misdemeanor conviction can change the course of your life. Don’t leave your future to chance.
6. Misdemeanor or Felony—We Fight for Your Future
The consequences of a criminal conviction go beyond jail time. It can impact your family, career, and freedom. That’s why having an experienced San Diego criminal defense lawyer is vital—no matter how serious the charge may seem.
If you’ve been arrested or charged with any crime in California, call (858) 663-6884 today to speak with Carolyn L. Oliver | Criminal Defense Law Firm. We’ll review your case, explain your options, and fight to protect your rights from day one.
