Many people who've been charged with crimes in California do not understand the difference between misdemeanor and felony charges. Although the terms "misdemeanor" and "felony" are usually thrown around in different legal contexts, many people still don't understand how these two terms relate and how they are different. It's recommendable to learn about these two terms to be sure of the types of charges you're facing. This article provides well-thought explanations about the difference between felony and misdemeanor charges and possible consequences.

Misdemeanor Crimes in California

Under California laws, misdemeanor refers to crimes that attract a maximum sentence of one year in county jail and a maximum fine of $1,000. Misdemeanor charges have two varying degrees; standard and aggravated misdemeanors. These two types of misdemeanors differ in their punishment.

Standard offenses are usually punishable by a maximum of six months in county jail, a fine of $1,000, or both. These punishments exclude penalties and assessment of the alleged perpetrator. Frequently filed standard misdemeanors include California Penal Code 484(a): Petty theft, California Penal Code 647(a): Lewd conduct, and California Penal Code 602: Trespassing.

Aggravated or gross misdemeanors are punishable by a maximum of 364 days in county jail and a fine of $1,000. You can sometimes read the misdemeanor punishment as up to one year in county jail. Popular aggravated misdemeanor crimes include California Vehicle Code 23152: Driving under the influence and California Penal Code 243(e)(1): Domestic violence.

Please note that misdemeanors can be punished as felonies if the defendant has a prior conviction for the same crime. This applies to convictions made under California Penal Code 241, 242, 243, 490, and 244.5.

The Meaning of 364 Days in Aggravated or Gross Misdemeanor Punishment

When a criminal statute sets the punishment to no more than 364 days, the law intends to protect defendants from harsh federal immigration laws consequences, leading to deportation. Deportation usually occurs when someone is sentenced to more than a year. This sentence was changed as of 1st January 2015. Since this law applies retroactively, people who've already served a year for a misdemeanor can apply to a sentence reduction.

Other Misdemeanor Crimes in California

Examples of other common misdemeanors in California include:

  • Possession of particular drugs like heroin, meth, and cocaine for personal use
  • Shoplifting or theft of property worth $950 or less
  • Simple battery or assault that doesn't involve the use of a deadly weapon or result in serious injury
  • Assault using a Taser or stun gun
  • Public intoxication
  • Probation violation
  • Drunk in public
  • Solicitation of prostitution

Probation in Misdemeanor Charges

Probation for misdemeanor charges is referred to as summary or informal probation. This is an alternative to serving jail time on misdemeanor convictions. In this case, the judge supervises the probationer rather than reporting to a probation officer like in parole programs. The defendant will also return to court periodically for progress reports to show compliance with the terms of probation.

Judges have great discretion while deciding on the probation conditions to impose on you. However, misdemeanor probation conditions must always be fitting and proper to ensure that justice is upheld. The conditions must also be logically and reasonably related to the offenses.

The law requires specific probation conditions for people who've committed certain crimes like domestic violence. Such people must complete a batterer's treatment program. Other common conditions in summary or misdemeanor probation include:

  • Participation in a group or individual therapy.
  • Payment of court costs and victim restitution.
  • Seek gainful employment.
  • Complete a treatment program like anger management.
  • Compliance with a restraining order for some California domestic violence crimes.
  • Abstinence from drug or alcohol if charged with California DUI or drug crimes.
  • Not driving with any measurable amount of alcohol or complying with a chemical or breath test anytime.
  • Showing up at all court dates.
  • Submission to random drug testing.
  • Installation of a SCRAM ankle bracelet or ignition interlock device.
  • Avoiding further arrests.

You can agree to probation as part of your plea bargain or have it decided on during the sentencing phase.

Although most informal probation often excludes jail times, it's not usually guaranteed. However, if you have to include jail time, it'll run for a shorter period than the maximum timeline provided.

You can prefer to serve a sentence and get over the probation rather than complying with the probation's conditions over the given timeline. Judges cannot force alternative sentencing on defendants who don't want it. However, it's crucial to consult your criminal lawyer to decide whether rejecting such an offer is a reasonable decision.

Modification of Misdemeanor Probation Conditions

Defendants can modify the terms of probation through their initiation or the prosecutor's or judge's initiation. Probation modifications are not usually in the probationer's favor. For instance, in response to a probation violation, the judge might decide to extend the alternative sentencing period or increase the probationer's time to spend in jail.

However, these modifications can still favor the defendant in some ways. For instance, if you lose your job and are paying restitution to a victim, the judge might decide to modify the probationer's payment schedule.

You can get an early probation termination, especially when you complete the terms of the probation ahead of schedule without any violations. However, you should note that not all judges are receptive to early probation termination since some are reluctant to grant early termination in DUI and domestic violence cases.

How Misdemeanor Charges Relate with Criminal Records and Expungement

Misdemeanor charges can result in a criminal record when defendants plead guilty to the allegations, pleads no-contest, and are found guilty at trial.

An exception can occur if the defendant participates and completes a Prop 36 drug diversion or California Penal 1000 drug diversion program. If the defendant completes the diversion, the judge dismisses the charges, and no conviction will occur.

Otherwise, the conviction will remain on the defendant's criminal record unless it's expunged or sealed.

In California, most misdemeanor charges can be expunged. The only exception includes misdemeanor sex crimes against a minor like Penal Code 261.5. To be eligible for expungement, you must do the following:

  • Complete your probation successfully.
  • Not have currently been charged with probation for or serving a sentence for a criminal offense.

Criminal expungement gives defendants the privilege to not disclose their criminal history during an interview or job application.

Felony Crimes in California

Under California laws, felonies are crimes that carry a maximum sentence of more than a year in jail or prison. There are two types of felonies in California. This includes straight felony and wobbler felonies. Let's have a closer look at these two types of felonies.

Please note that severe felonies in California are punishable by death.

Straight Felonies

Straight felonies are criminal charges that are sentenced only as felonies and cannot be reduced to misdemeanors. Most severe crimes in California are charged as straight felonies. These include crimes that count as "strikes" under the California three-strike law.

Examples of straight felonies include the following:

  • Penal Code 288: Lewd acts with a child under 14 years old.
  • Penal Code 187: Murder.
  • Penal Code 261: Rape.
  • Health and Safety Code 1132: Sale of controlled substances.
  • Penal Code 192(c): Vehicular manslaughter.

Wobbler Felonies

Some California offenses can be charged as felonies or misdemeanors under the prosecution's discretion. These types of crimes are referred to as wobbler offenses. When the prosecution is considering whether to charge a wobbler as a felony or misdemeanor, it usually includes the facts of that case and the defendant's criminal history.

Misdemeanor convictions can lead to a maximum of one year in county jail, while as a felony, you can end up serving up to three years in jail. Some of the wobbler offenses that can be charged as felonies include the following:

  • Penal Code 245(a)(1): Assault with a deadly weapon.
  • Penal Code 273.5: Domestic violence.
  • Penal Code 470: Forgery.
  • Penal Code 243.5: Sexual battery.
  • Penal Code 594: Vandalism.

Consequences in Felony Charges

Felony sentences in California can lead to custody in county jail or State prison and a maximum fine of $10,000. You can also have an alternative punishment of felony probation.

Imprisonment for felony offenses can last for one of the three terms. These terms include low terms, middle terms, and high terms. Some criminal statutes specifically set forth the timeline of these terms when stating a sentence to be served in state prison or county jail. In that case, the number of years for the sentence can be two, four, or six years.

Generally, judges usually give a middle term for California felony offenders. They usually sentence someone to high terms if there are aggravating factors related to the crime. Aggravating factors include the use of a weapon in a crime involving extreme violence.

By contrast, the low terms can be used when there are mitigation factors of the crime. Some of the mitigation factors include minimal participation in a crime.

In some cases, the felony statute doesn't set forth specific imprisonment terms. It simply states that the particular offense is punishable according to California Penal Code 1170(h). This statute is a catchall provision for felony sentences. When the court calls that the punishment for the felony offense is under this statute, it means that the defendant can end up serving a county jail term for 16 months, two years, or three years.

When it comes to the fines imposed in a felony sentencing, the amount is not usually specific, but there is a maximum of $10,000. You can be fined in addition to or instead of serving jail time or prison.

Felony Probation and How it Works

Judges have the discretion to convert part or all of the offender's sentence to formal or felony probation. Felony probation aims to rehabilitate offenders and lead them to a law-abiding life. If offenders have to serve most of their sentences on probation, they will serve it under the supervision of a probation officer.

Please note, the provision that probationers under formal probation are under the supervision of a probation officer marks the difference between a misdemeanor and felony probation. As a reminder, probationers on misdemeanor probation have to report to the judge to prove their progress.

In most cases, a sentence of formal probation is intended to include one year of custody in county jail. However, in practice, formal probation comprises little or no jail time.

Felony probation for non-violent felonies lasts up to two years and three years for crimes involving more than $25,000. These crimes include violation of Penal Code 503: Embezzlement, Penal Code 487(b)(3): Grand theft, and Penal Code 532: False personation and cheats.

While on formal probation, probationers must comply with certain conditions, which includes the following:

  • Paying victim restitution.
  • Attending monthly meetings with a probation officer.
  • Participation in group or individual therapy.
  • Drug testing if you are sentenced for a California drug crime.
  • Complying to unwarranted searches on your property.
  • Participation in community labor or service.

Violation of some of the conditions provided by the judge can lead to revocation of your probation and send you back to prison or jail, and ending up serving the maximum sentence allowed for the crime that you've been sentenced to.

However, if there is a reasonable reason for your violation, the judge might let it slide, and you'll not have to face the consequences mentioned above. Instead, the judge will increase your length of probation and make your conditions harsher.

Other Consequences of California Felony Conviction

A California felony conviction has several collateral consequences. Some of the most common consequences include:

  • Mandatory disclosure of your felony conviction on job applications.
  • Inability to own or possess a gun for ten years or the rest of your life.
  • Mandatory registration as a California sex offender if you committed particular sex crimes.
  • Having your offense count as a strike under the California three-strike law.

Expungement of California Felony Criminal Records

Some felons can have their felony conviction expunged under particular circumstances. The felon must be granted probation and complete it successfully. However, if the offender was convicted to the state prison, he or she is not eligible for expungement.

Please note, expungement does not mean that your conviction is completely erased. However, it relieves the offense from the many collateral consequences of a felony conviction. Some of the benefits of expungement to California conviction include non-requirement to disclose your expunged conviction in job applications.

If a defendant is facing a wobbler felony conviction, you should seek a reduction of the felony to a misdemeanor before seeking expungement. Expunged misdemeanor crimes have more benefits than a felony. This includes the ability to allow a person to possess a gun.

You may qualify for expungement if:

  • The offender was not sentenced to custody in prison or county jail.
  • You're not currently charged with, on probation, or serving a criminal offense sentence.
  • Your conviction was not particular sex offenses or violent crimes.

How Felony and Misdemeanor Charges Relate in Wobbler Offenses

Wobbler offenses are crimes that are punishable as felonies or misdemeanors. The prosecution can reduce felonies to misdemeanors in four stages. These stages include:

  • When the prosecution is charging a defendant for an offense.
  • During the preliminary hearing.
  • At the sentencing phase.
  • When the defendant has completed felony probation but was not sentenced to a prison.

There are no specific standards or rules on how a prosecutor can charge specific crimes as wobblers. The decision solely depends on the prosecution's discretion. However, prosecutors must refer to the crime charging standards published by the California District Attorney Association (CDAA) while deciding whether to prosecute a person with a wobbler.

The CDAA recommends prosecutors take note of the following factors:

  • The severity of the crime.
  • The defendant's level of cooperation with law enforcement.
  • The defendant's prior criminal records.
  • The defendant's age.
  • The probability of the defendant continuing with criminal conduct.
  • The strength of the prosecutor's case.
  • Eligibility of the defendant for probation.

Please note, judges are not bound to how the prosecution decides to charge wobbler offenses. They can reduce a wobbler felony to a misdemeanor if there are apparent mitigation factors in the crime. Some of these mitigating factors include:

  • Lack of prior or having insignificant criminal record.
  • The defendant's passive participation or minor participation in the alleged crime.
  • Use of caution to avoid harming people or property while commissioning the crime.
  • Voluntary acknowledgment of the defendant's wrongdoing at the early stages of the criminal process.
  • Payment of restitution to victims.
  • Satisfactory performance on probation.

Wobbler Conviction Expungement

Offenders can expunge most wobbler convictions in California. Expungement is available for most wobblers regardless of whether the crime was charged as a felony or misdemeanor. Defendants qualify for expungement once:

  • They complete probation for the offense
  • They complete a state prison custody for the alleged crime
  • Have served in state prison for crimes that would have been sentenced to county jail due to California's Proposition 47 realignment legislation.

Please note, not all California crimes are expunged. Some of the non-expungable crimes include serious sex crimes committed against minors. Nevertheless, someone serving prison or county jail sentence for non-expungable offenses can obtain a California governor's pardon and a certificate of rehabilitation as alternatives.

Find a Los Angeles Criminal Defense Lawyer Near Me

If you have been charged with a felony, misdemeanor, or wobbler offense, you need to hire a competent lawyer. At the Los Angeles Criminal Attorney for your legal consultation and representation. We serve clients facing charges in Los Angeles, CA. Contact us today at 424-333-0943 and learn more about our services.