How a California crime is classified — infraction, misdemeanor, or felony — determines almost everything that follows: the maximum punishment, whether you get a jury trial, and the long-term consequences for your record, your job, and your rights. This guide explains the classifications and the all-important category of "wobblers."
This is general information about California law, not legal advice. Consult a California-licensed criminal defense attorney about your situation.
The three classifications
California sorts offenses into three levels (Penal Code § 16):
- Infractions — the least serious (most traffic violations). Punishable by a fine only, with no jail and no right to a jury trial or appointed counsel.
- Misdemeanors — punishable by up to a year in county jail and a fine. Examples include petty theft, simple DUI, and many first-time offenses.
- Felonies — the most serious, punishable by a year or more in county jail or state prison, and in the gravest cases by life or death. Examples include robbery, serious assault, and major drug offenses.
These definitions are not just labels; they are written into the Penal Code itself. Penal Code § 16 lists the three kinds of public offenses, and other sections fill in the detail: a misdemeanor is generally any crime punishable by imprisonment in county jail not exceeding one year (Penal Code § 19 sets the default misdemeanor punishment at up to six months and a $1,000 fine where a statute does not specify), while a felony (Penal Code § 17(a)) is a crime punishable by death or by imprisonment in state prison or, after realignment, in county jail under Penal Code § 1170(h). An infraction (Penal Code § 19.6) is not punishable by imprisonment at all, which is why it carries no jury-trial right and no right to appointed counsel.
Where the time is served: county jail vs. state prison
One of the biggest practical differences between a misdemeanor and a felony — and even between different felonies — is where a sentence is served. Misdemeanor sentences are served in county jail, capped at one year. Felony sentences historically meant state prison, but California's 2011 realignment changed that for a large class of offenses.
Under Penal Code § 1170(h), enacted as part of realignment (AB 109), many lower-level, non-violent, non-serious felonies that do not require sex-offender registration are now served in county jail rather than state prison — sometimes with a portion of the term served on supervised release in the community ("split sentencing" or mandatory supervision). Felonies that are serious (Penal Code § 1192.7(c)), violent (Penal Code § 667.5(c)), or that require registration under Penal Code § 290 are excluded and still carry state-prison terms. A defendant with prior serious or violent (strike) convictions is generally excluded from § 1170(h) county-jail sentencing as well. The result is a more nuanced picture than "felony equals prison": many felonies today are punished locally.
Wobblers: the gray zone
A large set of California offenses are "wobblers" — crimes the prosecutor may charge as either a felony or a misdemeanor, and that a judge may later reduce, under Penal Code § 17(b). Whether a wobbler is charged or reduced to a misdemeanor often matters more to a defendant's future than any other single decision in the case, because it affects sentencing exposure, firearm rights, and employment. Charging and reduction decisions turn on the facts of the offense and the defendant's record.
Penal Code § 17(b) sets out several points at which a wobbler can become a misdemeanor: when the court imposes a punishment other than state prison; at a preliminary-hearing or pretrial stage when the magistrate so declares; when the court grants probation without imposing a prison sentence and later declares the offense a misdemeanor; or on the prosecutor's or court's own motion. Common wobblers include certain assaults (such as assault with a deadly weapon under Penal Code § 245), grand theft, many fraud and forgery offenses, and some drug crimes. Because a misdemeanor caps exposure at a year in county jail and avoids many of the harshest collateral consequences of a felony, getting a wobbler charged or reduced as a misdemeanor is frequently the central goal of the defense.
Why the classification matters so much
The level of the offense controls the maximum sentence and a cascade of collateral consequences: a felony conviction can affect the right to possess firearms, eligibility for certain jobs and professional licenses, immigration status, and (in some cases) voting while incarcerated. Misdemeanors carry lighter direct penalties and fewer collateral consequences, and infractions carry essentially none beyond the fine. This is why so much defense work focuses on getting a charge reduced.
Under California law, a felony conviction triggers a lifetime firearm prohibition, while many (though not all) misdemeanors do not — though certain misdemeanors, such as some domestic-violence offenses, carry their own firearm bans of ten years or, in some cases, longer. A felony can also disqualify a person from certain state professional licenses, affect immigration consequences for non-citizens, and appear on background checks more prominently. By contrast, completing a misdemeanor sentence usually leaves far fewer lasting restrictions. These differences explain why the felony-versus-misdemeanor question shapes not just the sentence but the years that follow it.
Reducing or reclassifying a charge
There are several routes to a lower classification. A wobbler felony can be reduced to a misdemeanor under Penal Code § 17(b) — at the preliminary hearing, at sentencing, or after probation. Proposition 47 (2014) reclassified several drug-possession and low-value theft felonies as misdemeanors and lets eligible people petition to reduce prior convictions. A skilled negotiation can also resolve a felony charge as a misdemeanor plea.
Proposition 47, formally the Safe Neighborhoods and Schools Act, made certain offenses misdemeanors for most people: simple drug possession, and theft-related crimes where the value involved is $950 or less — such as shoplifting, petty theft, receiving stolen property, writing bad checks, and forgery within that limit. People with disqualifying prior convictions (such as certain serious, violent, or registrable offenses) are excluded. Importantly, Proposition 47 is partly retroactive: someone previously convicted of one of these offenses as a felony may petition the court to have it reduced to a misdemeanor or to be resentenced, which can ease firearm, employment, and licensing consequences after the fact.
The process differs by level
Felony cases include a preliminary hearing, where the prosecution must show enough evidence to proceed, and carry greater procedural protections and exposure. Misdemeanor cases move more quickly and often resolve through negotiation. Both carry the right to a jury trial (infractions do not) and, for anyone who cannot afford counsel, the right to a public defender.
The procedural differences are significant in day-to-day terms. In a misdemeanor case, a defendant often does not have to be personally present at every hearing and can frequently appear through counsel, the case may resolve in a handful of court dates, and there is no preliminary hearing. A felony case is more demanding: after the arraignment comes a preliminary hearing, where a magistrate decides whether there is enough evidence to "hold the defendant to answer," and only then is a formal charging document (the information) filed for trial. A felony defendant is generally required to be personally present at key stages, faces longer timelines, and confronts the heavier sentencing exposure and collateral consequences described above. These differences are part of why a defendant and counsel often work hard to keep a wobbler at the misdemeanor level.
A concrete comparison makes the stakes clear. Consider a shoplifting allegation involving merchandise worth $400. Because the value is under $950, Proposition 47 generally makes this a misdemeanor (petty theft), exposing the person to up to roughly six months in county jail and a fine, with no preliminary hearing and a fast track to resolution. Now raise the value to $2,000: the same conduct becomes grand theft, a wobbler. Charged as a felony, it triggers a preliminary hearing, larger sentencing exposure, a potential firearm prohibition, and heavier weight on background checks — though the defense may still seek a Penal Code § 17(b) reduction to a misdemeanor. The only thing that changed was the dollar figure, yet the procedural path and the long-term consequences shift dramatically.
How a case is classified and can be reduced, step by step
- Charging. The prosecutor reviews the police report and decides whether to file the case as an infraction, misdemeanor, or felony — and, for a wobbler, which way to charge it.
- Arraignment. The charges and their classification are read in court, and you enter a plea. The stated level sets your maximum exposure.
- Preliminary hearing (felonies). For felony charges, a magistrate decides whether there is enough evidence to proceed. A wobbler can sometimes be reduced to a misdemeanor here under Penal Code § 17(b).
- Pretrial negotiation. The defense may seek to have a wobbler reduced, to resolve a felony as a misdemeanor plea, or to apply Proposition 47 to an eligible theft or drug charge.
- Sentencing. On a wobbler, the judge can declare the offense a misdemeanor when granting probation or imposing a non-prison sentence under Penal Code § 17(b).
- After the case. Even later, a wobbler felony reduced to a misdemeanor (or a Proposition 47 petition) can lower the classification of a prior conviction, easing collateral consequences.
Frequently asked questions
What's the main difference between a misdemeanor and a felony?
The maximum punishment. A misdemeanor is capped at a year in county jail; a felony can mean a year or more, potentially in state prison, plus far heavier collateral consequences (Penal Code § 16). Note that after realignment, many lower-level felonies are now served in county jail under Penal Code § 1170(h).
What is a wobbler?
An offense that can be charged as either a felony or a misdemeanor, and that a judge can reduce under Penal Code § 17(b). Many California crimes are wobblers, so the same conduct can carry very different consequences depending on how it is charged and resolved.
Can a felony be reduced to a misdemeanor?
Often yes — a wobbler can be reduced under Penal Code § 17(b), and Proposition 47 reclassified certain drug and theft offenses (generally involving $950 or less) as misdemeanors with a petition process that is partly retroactive to prior convictions.
Does a felony always mean state prison?
No. Since realignment (Penal Code § 1170(h)), many non-violent, non-serious felonies that do not require sex-offender registration are served in county jail, sometimes with part of the term on community supervision. Serious, violent, and registrable felonies still carry state-prison terms.
Do I get a jury trial for any charge?
You have the right to a jury trial for misdemeanors and felonies, but not for infractions, which are punishable by fine only (Penal Code § 19.6).
What is the maximum punishment for a standard misdemeanor?
It depends on the statute, but where a law does not specify a punishment, Penal Code § 19 sets the default misdemeanor penalty at up to six months in county jail and a fine of up to $1,000. Many specific misdemeanors carry up to one year in county jail. Misdemeanor time is served locally in county jail, not state prison.
Does the dollar amount really change whether theft is a felony?
Often, yes. After Proposition 47, theft-related offenses generally involving $950 or less — petty theft, shoplifting, receiving stolen property, and forgery or bad checks within that limit — are misdemeanors for most people. Above $950, an offense like grand theft can be charged as a wobbler, meaning the prosecutor may file it as a felony or a misdemeanor and a judge may later reduce it under Penal Code § 17(b).
Can a felony charge be lowered before trial?
Sometimes. For a wobbler, the defense can ask the magistrate to reduce the charge to a misdemeanor at the preliminary hearing under Penal Code § 17(b), negotiate a misdemeanor plea with the prosecutor, or seek a reduction at sentencing. Whether a reduction is available depends on the offense, the facts, and the defendant's record.
When to talk to a California criminal defense attorney
Because classification drives everything — from how much time you face to whether you keep your firearm rights or your professional license — it is worth getting advice early, ideally before the charging decision is final. An attorney can advocate to the prosecutor for a misdemeanor filing on a wobbler, move to reduce a charge at the preliminary hearing or sentencing under Penal Code § 17(b), evaluate whether Proposition 47 applies to a current or prior offense, and explain the specific collateral consequences you face. This is especially important if you have prior convictions, if firearm rights or immigration status are at stake, or if the offense is a wobbler that could go either way. No lawyer can promise a particular classification or outcome, but informed advocacy at the right moment can change the trajectory of a case.
For the bigger picture, see our complete criminal defense guide and our guide to clearing a record (expungement). To find a California criminal defense attorney, browse the directory of attorneys licensed by the State Bar of California by practice area and county across all 58 counties — free, with no obligation.