The difference lies in the severity of the alleged crime — and the punishment.
If you have been charged with a crime in California, you may be scratching your head as you try to figure out what it all means. Legal language — or legalese — can be hard to figure out, particularly if you are new to the criminal justice system. In this post, a criminal defense attorney in Rancho Cucamonga, CA will break down one of the most basic distinctions: felony versus misdemeanor charges.
In California, there are two classes of crime: felony and misdemeanor. Generally speak, felonies are reserved for more serious crimes, many of which are violent offenses. Examples of felony offenses include murder, rape, and selling a controlled substance. In contrast, misdemeanors are less serious crimes. While they may involve some degree of violence, the harm involved is usually less serious. Examples of a misdemeanor crime include public drunkenness, petty theft, and most driving under the influence (DUI) of alcohol and/or drug charges.
Importantly, some California criminal offenses can be charged as either a felony or a misdemeanor, depending on the facts of the case and the defendant’s criminal history. These offenses are known as wobblers. Examples of wobbler offenses include assault with a deadly weapon and elder abuse.
Beyond the severity of the crime, another difference between felonies and misdemeanors in California is the potential punishment for the offense. A felony is punishable by more than 1 year in jail or prison and/or a fine of $10,000 (or more). A felony may also result in life in prison, or even the death penalty in capital cases. For some felonies, judges must follow a sentencing guideline when imposing jail or prison time. Depending on the charge and the facts of the case, a judge may also offer a defendant felony probation in lieu of imprisonment. This is also known as formal probation.
On the other hand, misdemeanors carry less significant consequences. Aggravated or gross misdemeanors are punishable by up to 364 days in county jail and/or a fine of up to $1,000 (or more). Lower level misdemeanors, known as standard misdemeanors, are punishable by up to 6 months in county jail and/or a fine of up to $1,000. Importantly, misdemeanors are not punishable by time in state prison. As with felonies, judges may impose probation in lieu of jail time for misdemeanors. This is known as informal or summary probation.
While misdemeanors are less serious than felony crimes, if you are convicted of a misdemeanor, you will still have a criminal record — and will face a host of consequences beyond the sentence imposed by the court. For this reason, it is critical that you work with an experienced criminal defense attorney in Rancho Cucamonga, CA who can develop a strong defense to the charges against you. If you have been charged with any level of crime, the Chambers Law Firm will fight for your rights. Reach out today at 714-760-4088 or dchambers@clfca.com to schedule a free consultation with a member of our team.
