Two words decide more about a criminal case than almost anything else: felony and misdemeanor. In California the difference is not about how bad the act sounds. It is about where the sentence can be served, and for a large group of crimes, it is a choice the prosecutor and the judge make rather than something fixed by the statute. Here is what each word means under California law, what each costs you, and how a charge moves from one to the other.
What is a misdemeanor?
A misdemeanor is a crime that can only be punished by time in county jail, a fine, or both. It sits above an infraction and below a felony. Under Penal Code 19, the default is up to six months in county jail and a fine of up to $1,000, though some misdemeanors carry up to a year.
Misdemeanors move faster than felonies. There is no preliminary hearing, and the case goes from arraignment to pretrial conferences to a resolution. One thing has not changed: you still have the right to a jury trial. Penal Code 689 requires a jury verdict, a judge’s finding after you waive the jury, or a plea of guilty before anyone can be convicted of any public offense in California. Only infractions are decided by a judge alone.
Repeat misdemeanors can add up. Since Proposition 36 in 2024, a third petty theft can be filed as a felony, and a third DUI within 10 years becomes a wobbler on January 1, 2027.
Examples of misdemeanors
- Petty theft. Property worth $950 or less, under Penal Code 490.2.
- Public intoxication. Being so drunk or high in public that you cannot care for yourself or you block a public way.
- Trespassing. Entering or staying on property without a right to, when no intent to steal or commit a felony is involved.
- Simple assault and battery. An attempt to use force on someone, or an unwanted touching, without serious injury or a weapon.
- Vandalism under $400. Damage below that amount is a misdemeanor; $400 or more is a wobbler.
- First or second DUI. With no injury, a misdemeanor every time.
What is a felony?
California defines a felony by its punishment. Under Penal Code 17(a), a felony is a crime that can be punished by death, by imprisonment in state prison, or by imprisonment in county jail under Penal Code 1170(h). Every other crime is a misdemeanor or an infraction.
That last clause matters. Since realignment in 2011, many felonies, including most theft, drug and fraud felonies, are served in county jail rather than state prison. The conviction is still a felony with every consequence that comes with one; only the building changes. Serious and violent felonies, and felonies by defendants with certain priors, still go to state prison.
Felonies also get an extra step in court. Before trial, the DA has to show a judge at a preliminary hearing that there is probable cause to believe you committed the crime. If you are in custody, that hearing has to happen within 10 court days of your arraignment. Grand juries exist but are rarely used for ordinary felonies in Kern County.
Examples of felonies
- Murder, rape, kidnapping and robbery. Always felonies, and strikes under the Three Strikes law.
- Arson of a structure. A felony, with longer terms if someone is hurt.
- Residential burglary. Entering an inhabited home intending to steal is a first-degree felony and a strike.
- Grand theft of a firearm. The one grand theft that is always a felony. Other grand theft is a wobbler.
- Felon in possession of a firearm. A felony under Penal Code 29800.
The third category: wobblers
This is the part most explanations leave out, and in California it is the part that decides the most cases. A wobbler is a crime the statute allows to be punished either as a felony or as a misdemeanor. Grand theft, second-degree burglary, vandalism over $400, assault with a deadly weapon, DUI causing injury, and dozens of others are wobblers.
The DA chooses first, when the charge is filed. The judge can disagree. Under Penal Code 17(b), a judge can declare a wobbler a misdemeanor at sentencing, or when granting probation without imposing a sentence. Since January 1, 2026, under Assembly Bill 321, the judge can also do it at any point before trial, on the defense’s motion or the court’s own. A second request needs changed circumstances, so the first one is made carefully, usually with restitution arranged and a clean record in front of the court.
Example: You are charged with felony vandalism for keying a car in a Bakersfield parking lot, with damage estimated at $1,200. The DA filed it as a felony. Before the preliminary hearing, your attorney moves under 17(b) to reduce it, shows the car has been paid for and you have no record, and the judge grants it. The case is now a misdemeanor, with no prelim, no felony record, and no firearm ban.
What are the differences between a felony and a misdemeanor?
| Misdemeanor | Felony | |
|---|---|---|
| Where the sentence is served | County jail only | State prison, or county jail under PC 1170(h) |
| Default maximum | 6 months and $1,000 (PC 19); some up to 1 year | Set by each statute; typical ranges 16 months, 2 or 3 years and up; fines up to $10,000 (PC 672) |
| Probation | Up to 1 year for most (PC 1203a); DUI 3 to 5 years | Up to 2 years for most (PC 1203.1); longer for some theft and violent crimes |
| Jury trial | Yes | Yes |
| Preliminary hearing | No | Yes |
| Bail | Often released on a citation or own recognizance | Set by the county schedule; higher for serious crimes |
| Firearms | 10-year ban for listed misdemeanors under PC 29805; lifetime for some domestic violence offenses | Lifetime ban under PC 29800 |
| Voting | No effect | Lost only while serving a state or federal prison term (Elections Code 2101) |
| Record after probation | Dismissal under PC 1203.4 | Reduction under PC 17(b)(3) for a wobbler, then dismissal under PC 1203.4 |
Three rows surprise people. Misdemeanors do get jury trials in California. Felonies do not take away your vote unless you are actually in prison; since Proposition 17 passed in 2020, people on probation, parole or in county jail can register and vote. And a misdemeanor can cost you your firearms for a decade: Penal Code 29805 lists assault, battery, brandishing, criminal threats, stalking and other common misdemeanors that carry a 10-year ban, and a domestic violence misdemeanor carries a lifetime ban.
Where do infractions fall?
Infractions are the bottom tier. Under Penal Code 19.6, an infraction cannot be punished with jail, carries no right to a jury, and does not entitle you to a public defender unless you were arrested and not released. Speeding, most traffic tickets, and a first petty theft of $50 or less at the DA’s discretion are infractions. They do not create a criminal record, though traffic infractions add points to your DMV record. The line between an infraction and a misdemeanor is covered in the post on infraction vs. misdemeanor in California.
Punishments for misdemeanors
- Jail. Up to six months by default, up to a year for some offenses. Most first misdemeanors end with no custody.
- Fines. Up to $1,000 base, multiplied several times by penalty assessments.
- Probation. Usually summary probation, supervised by the court rather than an officer, for up to one year. What that involves is laid out in the post on how probation works in California.
- Restitution. Ordered whenever a victim lost money or property.
- Classes. Anger management, DUI program, theft class, depending on the charge.
Punishments for felonies
- State prison or county jail. The term depends on the statute. Many felonies carry a low, middle and high term, such as 16 months, two or three years. Serious and violent felonies run much longer, and a handful carry life.
- Fines. Up to $10,000 under Penal Code 672 unless the statute sets more, plus assessments.
- Formal probation. Supervised by the Kern County Probation Department, for up to two years in most cases, with a presentence report before the judge decides.
- Supervision after custody. Parole after a state prison term; mandatory supervision or post-release community supervision after a county jail felony term.
- Restitution and restitution fines.
- Collateral consequences. A lifetime firearm ban, disclosure on most job and licensing applications, immigration consequences for non-citizens, and, for serious or violent felonies, a strike that doubles any future felony sentence.
Clearing the record
Both can be dismissed under Penal Code 1203.4 once probation is completed, as long as you were not sent to state prison. A felony wobbler can first be reduced to a misdemeanor under Penal Code 17(b)(3), which restores firearm rights and changes how the conviction reads on applications, and then dismissed. Those two steps together are what most people mean by expungement in California, and the order matters: reduce first, then dismiss.
Felony and misdemeanor cases in Kern County
Both kinds of cases in Bakersfield are heard at the Kern County Superior Court Metropolitan Division on Truxtun Avenue, which has had felony and misdemeanor courtrooms under one roof since January 2022. The practical difference shows up in the first two weeks: a felony means a preliminary hearing on a 10-court-day clock if you are in custody, a presentence report from the Probation Department if you are convicted, and a 17(b) motion that has to be prepared before the DA’s position hardens. A misdemeanor means none of those, and often an attorney appearing for you so you never miss work.
Quick answers
Can a felony be reduced to a misdemeanor in California?
Yes, if the crime is a wobbler. The judge can reduce it under Penal Code 17(b) at any time before trial since 2026, at sentencing, or after probation is completed. Crimes that are only felonies, such as robbery or residential burglary, cannot be reduced.
Do misdemeanors show up on background checks?
Yes. A misdemeanor conviction is a criminal record and appears on most background checks for seven years, the limit under Civil Code 1786.18. A dismissal under Penal Code 1203.4 changes how it reads to most private employers.
Can you go to prison for a misdemeanor?
No. A misdemeanor is served in county jail by definition. Only a felony can lead to state prison.
Does a felony take away your right to vote in California?
Only while you are serving a state or federal prison sentence. Once you are out, including on parole, you can register and vote.
Talk to a Bakersfield criminal defense attorney
Whether a charge is filed as a felony or a misdemeanor, and whether it stays that way, is decided early and can be changed early. If you or a family member is facing charges in Kern County, contact the Law Office of David L. Faulkner for a free consultation. We will tell you which category your charge is in, whether it can move, and what it will take to move it.
