If you've just learned that someone you love has been arrested, one of the first things you're trying to figure out is how serious it actually is. Is this a misdemeanor or a felony? It's a question that affects everything that comes next — the bail amount, the time in custody, the kind of attorney you need, and the long-term consequences of a conviction.

The short answer: in California, criminal offenses fall into three categories — infractions, misdemeanors, and felonies. Each carries different penalties, different procedural rules, and very different long-term effects. Some charges can be filed as either a misdemeanor or a felony depending on the circumstances; these are called "wobblers," and they're more common than most people realize.

This post walks through what each category actually means, how prosecutors decide where a charge lands, what it means for the bail process, and where to go next if you're dealing with a specific charge type.

If you need to talk to someone about a specific situation right now, we're at (530) 265-0535, 24 hours a day. No judgment, no script, just help.

The Three Categories of California Criminal Offenses

California uses a three-tier system for criminal offenses. Here's what each level looks like.

Infractions

The least serious category. Infractions are typically traffic violations and minor regulatory offenses — things like:

• Speeding
• Running a stop sign
• Most parking violations
• Failure to wear a seatbelt
• Jaywalking
• Some loitering and noise violations

Penalties: Fines only. No jail time. No criminal record in the traditional sense (though traffic infractions do affect your DMV record). You typically don't have a right to a jury trial for an infraction, and you generally don't need an attorney to handle one.

Bail: Not usually a factor. Most infractions are handled by mail or with a court appearance.

Misdemeanors

The middle category. Misdemeanors are real criminal offenses with the possibility of jail time, but they're considered less severe than felonies. Examples include:

• DUI (first or second offense without aggravating factors)
• Petty theft / shoplifting under $950 (post-Proposition 47)
• Simple assault (PC 240)
• Driving on a suspended license (VC 14601)
• Trespassing
• Drug possession for personal use (post-Proposition 47, for most substances)
• Disturbing the peace
• Public intoxication
• Vandalism under $400
• Domestic battery without serious injury (PC 243(e)(1))

Penalties: Up to one year in county jail, plus fines (typically up to $1,000–$2,000 depending on the offense), probation, community service, mandatory counseling or education programs, and restitution. Misdemeanors create a permanent criminal record, but can sometimes be expunged after probation is completed.

Bail: For most misdemeanors, bail is set quickly from the Nevada County bail schedule once booking is complete. The defendant can often be released within a few hours, sometimes on their own recognizance with no bail required.

Felonies

The most serious category. Felonies are offenses serious enough to warrant the possibility of state prison time. Examples include:

• Felony DUI (third offense within 10 years, or DUI causing injury) — covered in our guide on Felony DUI under VC 23550.5
• Grand theft (over $950)
• Robbery
• Burglary
• Assault with a deadly weapon
• Felony domestic violence (when injury, weapons, or prior convictions are involved)
• Drug sales, transportation, or manufacturing
• Felony elder abuse (PC 368) — see Felony Elder Abuse Charges
• Felony battery with serious bodily injury (PC 243(d)) — see Felony Battery PC 243(d)
• Most violent crimes
• Most sex offenses
• Vehicular manslaughter
• Murder, attempted murder
• Felony perjury (PC 118) — see Felony Perjury

Penalties: Prison time, typically 16 months, 2 years, or 3 years for a standard felony, with longer sentences for serious or violent felonies. Substantial fines. Formal probation if probation is granted at all. Loss of the right to own firearms. Loss of voting rights while incarcerated. Permanent criminal record that's much harder to expunge than a misdemeanor.

Bail: Felony bail amounts are typically much higher than misdemeanors (often $25,000 to $100,000+, sometimes more). Bail is more likely to be set by a judge at arraignment rather than automatically from the schedule. The release process takes longer, and conditions of release are often more restrictive.

Wobblers — The Big "It Depends"

A huge number of California offenses don't sit neatly in one category. They're called wobblers, and they can be filed as either a misdemeanor or a felony depending on the circumstances and the prosecutor's discretion.

Common wobblers include:

• DUI causing injury (VC 23153)
• Domestic battery causing injury (PC 273.5)
• Battery causing serious bodily injury (PC 243(d))
• Elder abuse (PC 368)
• Assault with a deadly weapon (PC 245)
• Vehicular manslaughter
• Many theft offenses
• Many drug offenses
• Stalking (PC 646.9)
• Forgery (PC 470)
• Possession of stolen property (PC 496)
• Many fraud offenses

For a wobbler, the prosecutor (typically the District Attorney) decides at charging whether to file the case as a misdemeanor or a felony. That decision often comes down to:

• The severity of any injuries
• The defendant's prior criminal history
• Aggravating factors (use of weapons, vulnerability of the victim, etc.)
• The strength of the evidence
• The defendant's ties to the community
• Whether the case involves multiple charges

Even after a felony filing, a wobbler can sometimes be reduced — at preliminary hearing, through plea negotiations, at sentencing under Penal Code 17(b), or after probation is completed. This is one of the most important reasons to invest in serious legal representation early in any wobbler case.

How Bail Actually Differs Between the Two

The mechanics of the bail process change significantly based on whether the charge is filed as a misdemeanor or a felony. Here's what that looks like in practice.

Misdemeanor bail process

• Bail is typically set automatically from the Nevada County bail schedule once booking is complete
• For many minor misdemeanors, the defendant may be released on their own recognizance (no bail required) once they're sober and identified
• Bail amounts are usually modest — often $5000 to $25,000
• A 10% bail bond premium on a typical misdemeanor is $500–$2,500
• Release usually happens within a few hours of bail being posted
• Conditions of release are often minimal — just an obligation to appear at the next court date

Felony bail process

• Bail is often higher and may not be set automatically from the schedule; for many felonies, a judge sets bail at arraignment, which can mean waiting until the next court day
• Bail amounts typically range from $25,000 to $100,000+, sometimes much higher
• A 10% premium can be $2,500–$10,000 or more
• Bail bondsmen may require a cosigner and sometimes collateral (real estate, vehicles, jewelry) at higher dollar amounts
• Conditions of release are often more restrictive — no-contact orders for DV cases, drug testing for drug cases, travel restrictions, ankle monitoring in some cases
• Felony cases require a preliminary hearing before trial — an extra procedural step misdemeanors don't have
• Release timing depends on jail processing speed and any conditions that need to be set up

If you want a deeper look at the bail process generally, our resource on how bail bonds work in California breaks it down.

Long-Term Consequences Are Very Different

The penalty difference at sentencing is just the start. Misdemeanor and felony convictions affect your life in different ways for years afterward.

Criminal record. Both create a record, but a felony conviction is much harder to expunge under California law. Many employers and licensing boards see felony convictions as automatic disqualifiers in ways they don't with misdemeanors.

Employment. Background checks reveal both, but many employers categorically refuse to hire candidates with felony records. Misdemeanors are often more navigable, especially after several years.

Professional licenses. Nursing, teaching, real estate, contractor, healthcare, financial services — most professional boards self-report requirements treat felonies far more severely than misdemeanors. A felony often triggers automatic review or revocation; a misdemeanor may not.

Civil rights. A felony conviction means loss of the right to own firearms (under both federal and California law) and loss of voting rights while incarcerated or on parole. Misdemeanors generally don't affect these rights.

Immigration. For non-citizens, the distinction matters enormously. Many felony convictions qualify as "aggravated felonies" or "crimes involving moral turpitude" under federal immigration law and can trigger deportation. Some misdemeanors do too — but the threshold is much higher.

Housing. Landlords screen for both, but felony convictions can be automatic application denials in competitive rental markets. Misdemeanors carry less weight.

Insurance and finance. Many lenders and insurers view felony convictions as risk factors in ways misdemeanors aren't.

For specific consequences related to driving offenses, our guide on The True Cost of a DUI in California breaks down a real-world example in depth.

What the Prosecutor Takes Into Account When Deciding on Wobblers

If you're trying to understand whether a charge will end up as a misdemeanor or a felony, here's what's actually weighing on that decision:

Severity of harm. Were there injuries? How serious? Property damage? Death? More serious harm pushes toward felony filing.

Use of a weapon. Almost any offense involving a weapon is more likely to be filed as a felony. Even when the weapon wasn't used, having one elevates the case.

Prior criminal history. A defendant with a clean record is more likely to get the misdemeanor option for a wobbler. A defendant with multiple priors — especially priors for similar offenses — is far more likely to face felony charges.

Aggravating circumstances. Was a child present? Was the victim particularly vulnerable (elderly, disabled)? Was the defendant on probation or parole at the time? These all push toward felony filing.

Cooperation with police. Defendants who refused to cooperate, fled, or were violent at the scene tend to face harsher filing decisions than those who were cooperative.

Strength of the evidence. A weak case may be filed as a misdemeanor even when felony charges would technically fit — because misdemeanor convictions are easier to obtain.

Defense pressure. A well-prepared defense attorney can sometimes influence the charging decision before formal filing. This is one of the most underappreciated reasons to involve legal representation early.

How We Help

We've been helping families in Nevada County navigate the criminal justice system for over 50 years. Whether you're dealing with a low-level misdemeanor or a serious felony charge, the questions in your head are usually the same: What's happening? What are our options? How fast can we get our loved one home?

When you call us:

• A real person answers, 24 hours a day. No phone trees.
• Plain language. We'll explain what's happening in terms that make sense.
• Honest answers. If we can help, we'll tell you exactly what's involved. If we can't, we'll tell you that too.
• No judgment. We've helped families through every kind of arrest. We're not here to weigh in on what happened. We're here to help.

If you need help right now, call (530) 265-0535. We'll take it from there.