The Differences between Misdemeanors and Felonies
May 25, 2024While misdemeanors are less serious criminal charges than felonies, this fact in no way mitigates how much impact a misdemeanor conviction can have on your future. If you’re facing a criminal charge of any kind, understanding the differences between misdemeanors and felonies in California can help you better understand your own case. The most important thing you can do to protect your legal rights and your future, however, is to consult with an experienced Ventura County criminal defense attorney early in the process.
The Dividing Line between Misdemeanors and Felonies
The dividing line between misdemeanors and felonies in California is that the maximum sentence for a misdemeanor conviction is a year in jail. Felony convictions, on the other hand, come with potential prison sentences of more than a year. Further, the fines for misdemeanor convictions are capped at $1,000 in California, while the fines for felonies can go up to $10,000.
Misdemeanors
Misdemeanor charges are divided into two categories that include both standard and gross – or aggravated – misdemeanors. Standard misdemeanor charges are generally punishable by sentences of up to 6 months in county jail and fines of up to $1,000. Common examples include:
- Petty theft
- Shoplifting
- Disorderly conduct
- Public intoxication
- Vandalism
Gross misdemeanors carry sentences of up to a year, and the fines can exceed $1,000. Common examples include:
- Domestic battery
- Reckless driving
- Violating a restraining order
- DUI
Wobblers are a variant charge that can be brought as either gross misdemeanors or felonies – depending upon the unique circumstances and the level of seriousness involved. Common examples include:
- Brandishing a weapon
- Second-degree burglary
- Assault with a deadly weapon
- Embezzlement
Alternative Sentencing for Misdemeanors
In misdemeanor cases, judges have the discretion to impose lighter sentences and can implement alternative sentencing options, such as the following:
- Probation, which allows the defendant to continue living in the community under the conditions set by the court
- Restitution, which refers to compensating the victim involved for their losses, and is distinct from any fines that are imposed
Felonies
Felonies generally carry sentences of at least a year in prison and can go all the way up to life sentences without the possibility of parole or even the death penalty, although there has been a moratorium on executions in the state since 2019. California recently abolished mandatory minimum sentences for nonviolent drug crimes, and judges – instead – take a range of variables into consideration during sentencing, including the criminal history of the accused. Common felony charges in the state include:
- Assault with a deadly weapon
- Vehicular manslaughter with gross negligence
- Robbery
- Kidnapping
Consult with an Experienced Ventura County Criminal Defense Attorney Today
If you’ve been charged with a crime, the skilled Ventura County criminal defense attorneys at Bamieh & De Smeth are committed to harnessing the full strength of their impressive experience and insight in focused pursuit of your case’s optimal outcome, and we welcome the opportunity to help. To learn more about what we can do to help you, please contact us online or call 805-643-5555 today.