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Misdemeanor vs. Felony Charges in California: What’s the Real Difference?
In the eyes of the victim, every crime is a capital offense. However, the same cannot be said for the watchful eyes of California law. While no crime should ever be ignored, the reality is that not every offense warrants the most severe punishment. This is why California’s laws mindfully categorize crimes as felonies and misdemeanors, prescribing adequate punishment based on the offense severity.
If you’re facing charges and want clarity on how the law applies to your situation, a local criminal defense lawyer can guide you through the process. For now, it’s important to understand the real difference between the two.
What is the difference between a felony and a misdemeanor in California?
Based on their severity and consequent punishment, California law classifies crimes as either misdemeanors or felonies.
- Misdemeanors are less serious offenses, punishable by up to 1 year in county jail and/or fines up to $1,000 (in most cases). Examples include petty theft, simple assault, and first-time DUI.
- Felonies are more serious crimes, punishable by hefty fines and more than 1 year in state prison. In the most severe cases, the punishment can be imprisonment for life. Examples include murder, rape, and robbery.
- Note: Capital punishment (i.e., execution) is still a legal penalty in California, but has been under moratorium since 2019, making it effectively suspended (but not erased).
In addition, there are the so-called “wobbler” offenses, which “dip” into both categories. These crimes can be charged either as misdemeanors or felonies, depending on the circumstances, and at the discretion of the prosecutor.
How serious is a misdemeanor in California?
While not as serious as felonies, misdemeanors can still have significant consequences, such as jail time, probation, and fines. However, the most crippling of all is the criminal record, which can (and typically does) affect housing and employment opportunities, professional licensing, and custody (to mention a few), especially if the crime involved violence, theft, or DUI.
What level of misdemeanor is most serious?
California law distinguishes between standard and aggravated misdemeanor, with the latter being more serious. These crimes can be considered “a step away from being felonies”, and as such, carry more severe penalties. Some examples of aggravated misdemeanors include domestic violence, battery causing injury, and a second DUI.
How long will a misdemeanor stay on my record in California?
Unless legal action is taken, misdemeanors remain on record indefinitely. Fortunately, many charges can be expunged once the probation period has ended, which may lead to a case being dismissed. While the record never goes away entirely, it definitely helps mitigate the consequences, especially when it comes to housing and employment opportunities.
How bad is a felony in California?
In a word – bad. Felonies are the most serious crimes, carry the harshest penalties, and almost always have far-reaching consequences. A felony conviction can mean up to life in state prison, exorbitant fines (hundreds of thousands of dollars), mandatory registration (for sex offenses), and a permanent criminal record.
However, the consequences do not stop there, either. The “collateral” of a felony conviction can be loss of key civil rights (e.g., right to vote, serve on the jury, or bear arms), as well as loss of housing and job opportunities, professional licensing, custody rights, education, rights to financial aid, and many more.
What is the worst type of felony?
The most severe are violent crimes that fall under California’s Three Strikes Law – murder, rape, kidnapping, armed robbery, and virtually every crime against children. These crimes typically result in life in prison, often without parole, especially for repeat offenders who can incur massive sentence enhancements for every repeat offense.
Does a felony ever go away in California?
In general – no. Felony convictions remain on record permanently, especially for violent and sex crimes. However, there are certain “exceptions”:
- Wobbler felonies can sometimes be reduced to misdemeanors.
- Some less serious felonies may qualify for expungement after probation or prison time.
- Governor’s Pardons and Certificates of Rehabilitation are an option, but are awarded extremely rarely.
Who’s the leading local criminal defense lawyer near me in San Diego?
Monder Criminal Lawyer Group provides mindful legal counsel and strategic guidance to individuals facing misdemeanor and felony charges in the entire San Diego area. From helping you understand the pros and cons of a plea bargain, teaching you how to handle a bench warrant, and explaining how Miranda Rights work, to providing fierce representation in court, you can rely on our experienced team to give your case the best chance of a successful outcome. Contact us today for a free, confidential consultation.
