The four levels

Punishment
A fine only. No jail.
Jury trial
No. Infractions are tried by a judge (Penal Code § 19.6).
Examples
Most traffic tickets, such as speeding (Vehicle Code § 22350).

Look up an example

Common offenses and how they are classified
OffenseLawLevel
SpeedingVehicle Code § 22350Infraction
Simple batteryPenal Code § 242Misdemeanor
Petty theftPenal Code § 488Misdemeanor
Shoplifting, $950 or lessPenal Code § 459.5Misdemeanor (usually)
First DUI, no injuryVehicle Code § 23152Misdemeanor
Battery with serious bodily injuryPenal Code § 243(d)Wobbler
Assault with a deadly weaponPenal Code § 245(a)(1)Wobbler
Grand theftPenal Code § 487Wobbler
Vandalism, $400 or morePenal Code § 594Wobbler
DUI causing injuryVehicle Code § 23153Wobbler
Domestic violence with injuryPenal Code § 273.5Wobbler
RobberyPenal Code § 211Felony
MurderPenal Code § 187Felony

Why the level matters

The level of a charge affects the maximum sentence, whether there is a preliminary hearing, how long probation can last, and what follows you afterwards. A felony conviction generally means losing the right to own firearms (Penal Code § 29800) and can affect professional licenses, immigration status and future sentencing. Some felonies count as “strikes” under California’s Three Strikes law.

Wobblers are where defense work often pays off

Many common charges are wobblers. Whether one ends as a misdemeanor or a felony can depend on the facts, your record, restitution and how the case is presented. A judge can reduce a wobbler to a misdemeanor at sentencing or later under Penal Code § 17(b), and that reduction can matter for years.

The arrest is not the charge

The charge on a police report or booking sheet is the officer’s view. The district attorney decides what to file, and the filed charges can be lower, higher or different. Eric can often speak with the prosecutor before charges are filed or early in the case.

Law cited: Penal Code §§ 17, 18, 19, 1170(h). Last reviewed October 2026.

General information, not legal advice. Every case is different.