How a crime is classified in California affects nearly everything about the case: the maximum sentence, where any time is served, how the case moves through court, and what follows you afterward. This page explains the categories and how charging works, in plain terms.
Three kinds of offenses
Under Penal Code § 16, crimes and public offenses in California are felonies, misdemeanors and infractions. Penal Code § 17(a) defines a felony as a crime punishable by death, by state prison, or by county jail under Penal Code § 1170(h). Every other crime is a misdemeanor, unless the law makes it an infraction.
| Level | Typical punishment | Jury trial | Common examples |
|---|---|---|---|
| Infraction | A fine only; no jail | No | Most traffic tickets, some minor local violations |
| Misdemeanor | Up to 6 months in county jail and up to $1,000 unless another statute sets a different amount (Penal Code § 19); some carry up to 364 days | Yes | Petty theft, first-time DUI, simple battery |
| Wobbler | Charged and sentenced as either a felony or a misdemeanor | Yes | Many assault, domestic violence, vandalism and theft-related offenses |
| Felony | 16 months, 2 or 3 years by default (Penal Code § 18), or longer terms set by statute, in state prison or county jail | Yes | Robbery, burglary of a residence, many drug sales offenses |
Whether a particular offense is a misdemeanor, felony or wobbler depends on its own statute. The misdemeanor or felony tool can help you look up common offenses.
Wobblers and Penal Code § 17(b)
A wobbler is an offense the law allows to be punished as either a felony or a misdemeanor. The prosecutor decides how to file it, and the judge can later reduce a felony wobbler to a misdemeanor under Penal Code § 17(b), for example at sentencing, when granting probation, or after probation is completed. Some offenses can also “wobble” between a misdemeanor and an infraction under § 17(d).
A reduction can matter a great deal. A misdemeanor typically carries fewer long-term consequences than a felony, including for firearm rights and employment. Whether a court will reduce an offense typically depends on the facts, your record and your conduct since the case.
Felony sentencing, realignment and strikes
Since 2011, many nonviolent, non-serious, non-sex felonies are served in county jail rather than state prison under realignment, Penal Code § 1170(h). Some or all of that time may be served on mandatory supervision in the community. A felony conviction remains a felony even when the time is served locally.
California also tracks serious felonies, listed in Penal Code § 1192.7(c), and violent felonies, listed in Penal Code § 667.5(c). These lists include offenses such as robbery, residential burglary and many crimes involving great bodily injury or firearms. A conviction on either list typically counts as a “strike” under the Three Strikes law, Penal Code § 667(b)–(i) and § 1170.12.
- With one prior strike, the sentence for a new felony is generally doubled.
- With two or more prior strikes, a new serious or violent felony can bring a sentence of 25 years to life, with limited exceptions for other new felonies.
- Strike priors can be challenged, and a judge has discretion in some cases to dismiss a strike in the interests of justice.
How a case is charged
A misdemeanor case is prosecuted on a written complaint, and you are arraigned on it in court. A felony case usually begins the same way, but before trial there is a preliminary hearing, where a judge decides whether there is enough evidence (probable cause) to hold you to answer. If so, the prosecutor files an information, which becomes the charging document for trial. Some felony cases instead go to a grand jury, which can return an indictment.
The preliminary hearing is often an important point in a felony case. Charges can be reduced or dismissed, and the defense learns how the prosecution’s witnesses describe events. The case timeline walks through each step after an arrest, and the statute of limitations tool covers filing deadlines.
Consequences beyond the sentence
The classification of a conviction can affect your life well after any jail time or probation ends:
- Firearms. A felony conviction generally brings a lifetime ban on owning or possessing firearms under Penal Code § 29800. Certain misdemeanors, including many involving domestic violence or assault, carry their own state or federal bans.
- Immigration. For non-citizens, some convictions, including some misdemeanors, can lead to removal or bar future status. California law sets the maximum misdemeanor term at 364 days (Penal Code § 18.5), which matters for some immigration rules. Get specific advice before entering any plea.
- Employment and licensing. Background checks, professional licenses and some housing decisions can turn on whether a conviction is a felony or misdemeanor.
- Future cases. Prior convictions, especially strikes, can increase the sentence in any later case.
Many of these effects can be reduced afterward through a § 17(b) reduction or a dismissal. See expungement and record clearing.
How Eric H. Hintz approaches these cases
Eric H. Hintz has practiced Criminal Defense in California since 1985 and takes cases in state and federal courts in any California county. He looks first at how a case is charged and whether that charge fits the evidence, because the classification often shapes the rest of the case. Where an offense is a wobbler, he considers whether there are grounds to ask for misdemeanor treatment early, and he keeps the longer-term consequences in view when discussing any resolution.
Consultations are free for people who are out of custody. To talk about a pending charge, call the office at (916) 465-6500 or call or text 24 hours at (916) 802-5979.
Common questions
What is a wobbler?
A wobbler is an offense California law allows to be charged and punished as either a felony or a misdemeanor. The prosecutor chooses how to file it, and a judge can later reduce a felony wobbler to a misdemeanor under Penal Code § 17(b). Many assault, domestic violence, theft-related and vandalism offenses are wobblers.
What is the maximum sentence for a misdemeanor in California?
Unless a specific statute says otherwise, Penal Code § 19 sets the maximum at six months in county jail, a fine of up to $1,000, or both. Many misdemeanors have their own higher limits, and the overall maximum for any misdemeanor is 364 days under Penal Code § 18.5. Actual sentences typically depend on the facts, your record and the county.
Can a felony be reduced to a misdemeanor?
If the offense is a wobbler, yes, in many cases. A judge can reduce it under Penal Code § 17(b), including at sentencing or after probation is completed. It is generally not available if you were sentenced to state prison. Some older felonies may also be reclassified under Proposition 47. Offenses that are straight felonies cannot be reduced this way.
Does a county jail felony still count as a felony?
Yes. Under realignment, Penal Code § 1170(h), many felony sentences are served in county jail or on mandatory supervision rather than in state prison. The conviction is still a felony, with the same consequences for firearms, employment and future sentencing, unless it is later reduced or otherwise changed by the court.
What is a preliminary hearing?
In a felony case, a preliminary hearing is a court hearing where a judge decides whether there is enough evidence to require you to stand trial. It is not a trial and there is no jury. If the judge finds probable cause, the prosecutor files an information. Charges can sometimes be reduced or dismissed at this stage.
Related tools and pages
Last reviewed October 2026.
General information, not legal advice. Every case is different.