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).
- Punishment
- County jail, typically up to 6 months and a $1,000 fine unless the statute says otherwise (Penal Code § 19). Many misdemeanors carry up to 1 year.
- Jury trial
- Yes.
- Examples
- Simple battery (Penal Code § 242), petty theft (§ 488), a first DUI (Vehicle Code § 23152).
- Punishment
- Can be charged and sentenced as either a misdemeanor or a felony. The prosecutor decides how to charge it, and the judge can reduce a felony to a misdemeanor (Penal Code § 17(b)).
- Jury trial
- Yes.
- Examples
- Battery with serious bodily injury (Penal Code § 243(d)), assault with a deadly weapon (§ 245(a)(1)), grand theft (§ 487), DUI causing injury (Vehicle Code § 23153).
- Punishment
- State prison, or county jail for some felonies under Penal Code § 1170(h). Many felonies use a range such as 16 months, 2 or 3 years (Penal Code § 18).
- Jury trial
- Yes, usually after a preliminary hearing.
- Examples
- Robbery (Penal Code § 211), burglary of a home (§ 459), murder (§ 187).
Look up an example
| Offense | Law | Level |
|---|---|---|
| Speeding | Vehicle Code § 22350 | Infraction |
| Simple battery | Penal Code § 242 | Misdemeanor |
| Petty theft | Penal Code § 488 | Misdemeanor |
| Shoplifting, $950 or less | Penal Code § 459.5 | Misdemeanor (usually) |
| First DUI, no injury | Vehicle Code § 23152 | Misdemeanor |
| Battery with serious bodily injury | Penal Code § 243(d) | Wobbler |
| Assault with a deadly weapon | Penal Code § 245(a)(1) | Wobbler |
| Grand theft | Penal Code § 487 | Wobbler |
| Vandalism, $400 or more | Penal Code § 594 | Wobbler |
| DUI causing injury | Vehicle Code § 23153 | Wobbler |
| Domestic violence with injury | Penal Code § 273.5 | Wobbler |
| Robbery | Penal Code § 211 | Felony |
| Murder | Penal Code § 187 | Felony |
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.