There are mainly three levels of charges under the California criminal justice system. They include infractions, misdemeanors, and felonies. Infractions are the least of the three and do not result in an arrest or detention. Misdemeanors and felonies result in arrests and may lead to a trial, conviction, and sentencing if there is sufficient evidence to support the charges. However, the penalties differ in severity.

If you face misdemeanor or felony charges, it helps to take time to understand the legal implications and possible penalties. You should also partner with a skilled criminal defense attorney for legal advice, guidance, and defense. An experienced attorney can help you understand what to expect after an arrest, depending on the nature of your charges. They can also defend your rights and help you fight your charges for a favorable outcome.

The Main Ways in Which Misdemeanors and Felonies Differ

Misdemeanors and felonies are both serious charges because convictions can result in detention, fines, and other life-changing consequences. However, understanding their differences helps you know what to expect if you are charged with either of them. Here are some notable differences between the two:

Severity of the Crime

Californians commit all kinds of crimes, some more serious than others. Courts determine the seriousness of a crime to categorize it as a misdemeanor or a felony. A misdemeanor is less severe than a felony. In most cases, they do not result in significant harm.

On the other hand, felonies range from minor to severe. They are categorized as felonies because of the nature of the crime, the sophistication with which the perpetrator committed the crime, and the resulting harm.

In this case, misdemeanors would be less serious crimes like petty theft, simple battery, simple assault, and first, second, or third DUI. These are crimes in which perpetrators cause little damage to victims or property.

Felonies are more serious crimes like grand theft, aggravated assault, aggravated battery, most sex crimes, and murder.

When filing your charges, the prosecutor must consider the nature and seriousness of your actions to determine whether to file misdemeanor or felony charges. When that happens, you must find the help of a skilled attorney to determine ways in which you can have your charges dismissed or reduced.

Severity of Penalties

When imposing penalties for a particular crime, courts must assess the crime's severity and, in some cases, a defendant’s criminal history. Generally, misdemeanors have less severe penalties than felonies. However, this does not mean that penalties for a misdemeanor conviction are less impactful. They can impact your life, but not as much as penalties for a felony.

Generally, a misdemeanor conviction in California results in the following penalties:

  • A maximum of one year in a county jail
  • A maximum court fine of $1000, although this can be significantly increased when penalty assessments and other charges are included
  • Misdemeanor or informal probation, which lasts between one and three years. You are placed under the supervision of a court, and not the probation department
  • Restitution if your actions resulted in an injury or damage
  • A requirement to participate in a rehabilitation program, like domestic violence classes, drug or alcohol rehabilitation, or anger management classes. These are geared towards helping you overcome an underlying problem so you can live a crime-free life
  • License suspension for a reasonable period for specific crimes like DUI and drug-related misdemeanors

When compared to the above penalties, penalties after a felony conviction are generally more severe. They can include the following:

  • A minimum of 16 months in state prison, and a maximum of life in prison, depending on the nature and severity of the felony
  • Formal or felony probation, which can last for up to five years. You are placed under the supervision of the probation officer.
  • Serious felonies can count as strikes under the Three Strikes Law, which affects sentencing for subsequent serious felonies on your record. For example, a second strike carries double the penalties, while a third strike carries a prison sentence of 25 years to life.
  • More significant fines that can go up to $10,000 or more if penalty assessment charges are included
  • More significant victim restitution, mainly because violence-related felonies result in more harm to victims
  • Loss of some rights and privileges, including gun rights
  • Some felonies result in serious immigration consequences, including deportation and inadmissibility.
  • Some felonies result in the death penalty, although this is a rare sentence, only reserved for aggravated first-degree murders

Additionally, aggravated felonies are subject to sentencing enhancement. This means that the judge can increase your penalties if there are aggravating factors in your case. Examples include:

  • When you use a firearm to commit a felony
  • When you inflict a significant bodily injury on one or more people
  • When you commit a serious felony against a vulnerable person, like a child, a dependent adult, or a senior.
  • When you have one or multiple prior convictions for serious or violent felonies on your record

The Impact of a Criminal Record

A conviction for either a misdemeanor or a felony will result in a serious criminal record that can affect various aspects of your life. Both the arrest and conviction records are part of your criminal record, which is publicly available. This means that anyone running a background check on you can easily find out about your prior conviction. Some of the effects a serious criminal record will have on your life include the following:

  • It can affect your current employment and future job prospects. If a potential employer runs a background check on you and finds out that you have a criminal record, they can decide not to hire you, regardless of your qualifications.
  • It can affect your eligibility for professional licenses. Most California licensing agents run background checks on license applicants before certifying them. You could lose an opportunity to work as a licensed nurse or real estate agent because of that.
  • It can affect your eligibility for housing services, since landlords also run background checks on potential tenants. A landlord can deny your application or charge you a higher deposit.
  • It can affect your eligibility for critical services, such as insurance or credit. Insurance companies and loan lenders use background checks to determine the credibility of potential clients.
  • A prior criminal record can affect sentencing for a current crime, resulting in more severe penalties.

However, a conviction record for a misdemeanor has a less severe impact than one for a felony. If you have a misdemeanor conviction, there are several mitigation strategies you can explore, including the following:

  • Expungement or dismissal, which eliminates some of the negative effects and disabilities of a criminal record. However, you must wait until you complete your probation or jail sentence to apply for expungement. Once you do, you can legally say no if asked whether you have a criminal record, except for when you are applying for public office or a government job.
  • A certificate of rehabilitation that proves you are fully rehabilitated after a criminal conviction. This can help you obtain a professional license.

The impact of a criminal record after a felony conviction is more severe. This is because felonies remain on your criminal record for life. Additionally, it is difficult to have a felony expunged unless it is a wobbler offense that can be reduced to a misdemeanor. When a conviction remains on your record for life, its impact on various aspects of your life becomes more severe. It can affect your suitability for particular employment and your eligibility for professional licensing for a very long time.

The Length and Complexity of the Legal Process

Remember that both misdemeanors and felonies lead to arrest, which may result in a trial, conviction, and sentencing. However, the legal processes involved differ significantly because of the complexity of the cases.

Generally, an arrest for a misdemeanor or felony will be followed by booking, temporary detention, an initial arraignment, pretrial release, trial, conviction, and sentencing. Since felonies are more complicated and serious than misdemeanors, the process may be more involved than that after a misdemeanor charge.

Misdemeanor cases proceed very quickly and can be concluded within a reasonable time.  In some cases, minimal evidence is needed for the prosecution to prove the case beyond a reasonable doubt. Some misdemeanor cases do not go to trial. Prosecutors can offer plea deals, which benefit both the prosecution and the defense. If this happens, the case ends sooner rather than later.  In other cases, a court grants a defendant a diversion program in exchange for dismissal of the case. If you complete the diversion program according to the court’s instructions, the judge dismisses the case.

However, most felonies involve lengthy, complex proceedings before the court renders its final verdict. Since felonies are more serious offenses, courts require prosecutors to be well prepared with evidence to avoid convicting an innocent person. In this case, the police might require even longer to gather and prepare evidence for the prosecution.

Additionally, felonies also include a preliminary hearing, which determines whether the prosecution has sufficient evidence before the main trial. This can prolong the process further. A defendant can also ask for more time to prepare well for defense.

Typically, felony trials are more complicated than misdemeanor trials. You must be well prepared to handle the uncertainties of a felony criminal trial. However, having a skilled attorney by your side helps.

Wobbler Crimes Vs Straight Misdemeanors and Felonies

Some crimes under California law are wobbler offenses. These are crimes that can be prosecuted as misdemeanors or felonies. The prosecutor chooses the most appropriate charge to file, based on a defendant’s criminal history and the facts of the case. Wobbler offenses are different from straight misdemeanors and straight felonies. They differ in both the nature of the crime and the seriousness of the penalties.

Examples of wobbler offenses include the following:

  • Assault with a deadly weapon, PC 245(a)(1)
  • Domestic violence or inflicting a corporal injury on an intimate partner, PC 273.5
  • Grand theft, PC 487
  • Second-degree burglary, PC 459
  • Issuing criminal threats, PC 422
  • Receiving stolen property, PC 496
  • Forgery, PC 470
  • DUI with an injury, VC 23153

When you are arrested for a wobbler crime, the prosecutor must carefully consider the details of your case and your criminal history to determine whether to file misdemeanor or felony charges. In addition to those factors, they can consider the following, based on the nature of the crime:

  • Whether you used a weapon to commit the crime, and the nature of that weapon
  • The actual context of the crime, and the victim's vulnerability

If you are charged with a felony for a wobbler, your defense attorney can work even harder during the preliminary hearing to have the felony reduced to a misdemeanor. This will result in more favorable penalties, which will have less impact on various aspects of your life.

If you are convicted of a felony and are sentenced to probation, you can perform well on probation to increase your chances of having the conviction reduced to a misdemeanor. This makes it easy to have it expunged thereafter. You are in a better position to have a felony conviction expunged in California if it is from a wobbler offense.

Find an Experienced Criminal Attorney Near Me

Do you or someone you know face misdemeanor or felony charges in Los Angeles?

You should hire a skilled criminal attorney immediately after your arrest. They will help you understand the seriousness of your charges, possible penalties, and your options. They can also explain the legal process to ensure you understand what to expect after that.

At the Law Office of Sara L. Caplan, we offer help and support, whether you face misdemeanor or felony charges. We understand how important legal advice and assistance are in reducing the impact of a criminal conviction on your life. We can also defend your rights and fight for the best possible outcome in your case. Call us at 310-550-5877 to discuss your case and our services in more detail.