In California, the line between a felony and a misdemeanor is the line between a county jail stay of up to a year and a state prison sentence that can run for years or life, and the consequences that follow you after release scale the same way. A misdemeanor is punished by a fine and up to six months in county jail for a standard offense, or up to one year for certain aggravated offenses. A felony can send you to county jail or state prison, triggers a lifetime firearm ban, and reaches into employment, professional licensing, and immigration status in ways a misdemeanor usually does not. Infractions sit below both and carry only a fine, with no jail and no jury trial.1California Legislative Information. California Code PEN 19.6 – Preliminary Provisions
What a Misdemeanor Costs You
A standard misdemeanor carries a maximum of six months in county jail and a fine of up to $1,000.2California Legislative Information. California Code Penal Code 19 – Punishment for Misdemeanor The time is always served in a county facility, never state prison. Petty theft, simple assault, first-offense DUI, and trespassing are typical examples.
Some misdemeanors are punishable by up to a full year in county jail because the specific statute authorizes a longer term. DUI under Vehicle Code 23152 allows up to six months for a first offense but up to a year for repeat offenses. California caps county jail confinement at one year regardless of the offense, unless the sentence runs under a felony provision or involves consecutive terms for multiple convictions.3California Legislative Information. California Code PEN 19.2 – Preliminary Provisions
A misdemeanor conviction also carries a restitution fine between $150 and $1,000 on top of any other court-ordered penalties.4California Legislative Information. California Code PEN 1202.4 – Restitution You keep the right to a jury trial and to a court-appointed attorney, because your freedom is genuinely at stake.
What a Felony Costs You
Felonies carry the harshest penalties California imposes, and the sentence depends on whether the specific offense uses determinate or indeterminate sentencing.
The Three-Term Triad
Most felonies use a determinate structure. The statute defining the offense lists three possible prison terms: a low term, a middle term, and an upper term. First-degree burglary, for example, carries a triad of two, four, or six years.5Legislative Analyst’s Office. Overview of Felony Sentencing in California
Since 2022, the middle term is presumptive. A judge cannot impose the upper term unless aggravating facts were admitted by the defendant or found true beyond a reasonable doubt by a jury. The only exception is prior convictions, which the judge can consider from a certified record without a jury finding. This change came through SB 567 and narrowed the discretion judges once had to select any of the three terms.6LegiScan. Bill Text: CA SB567 – Chaptered
Life Terms
The most serious felonies carry indeterminate sentences with no fixed release date. First-degree murder is punishable by 25 years to life, and second-degree murder by 15 years to life. Special circumstances, such as murder during a kidnapping or involving multiple victims, can produce life without the possibility of parole. These sentences are not governed by the triad that applies to most other felonies.
County Jail Felonies
Not every felony sentence lands you in state prison. Under Penal Code 1170(h), many non-serious, non-violent felonies are served in county jail. If the statute defining your offense says the punishment is “pursuant to subdivision (h) of Section 1170,” you serve the time locally. The default term for these offenses is 16 months, two years, or three years unless the specific statute says otherwise.7California Legislative Information. California Code PEN 1170 – Initial Sentencing
These sentences usually come as a “split sentence.” The judge suspends the final portion and converts it to mandatory supervision by the probation department, which begins the day you leave jail. Courts are expected to impose a split unless they find reason not to.
You go to state prison instead of county jail if you have a prior serious or violent felony, must register as a sex offender, or are convicted of certain gang-related financial crimes.7California Legislative Information. California Code PEN 1170 – Initial Sentencing
Felony Fines and Restitution
A felony triggers a restitution fine between $300 and $10,000, set at the court’s discretion.8California Victim Compensation Board. Restitution That fine is separate from victim restitution, which has no cap: if the victim lost money, you can be ordered to repay every dollar.
Wobblers: Offenses That Can Go Either Way
Some California offenses have no fixed classification. “Wobblers” can be charged as either a felony or a misdemeanor, and the decision starts with the prosecutor, who weighs the specific facts, the harm caused, and your criminal history. Assault with a deadly weapon, forgery, and domestic battery are common wobblers.
Even after a felony wobbler is filed, the court can reduce it to a misdemeanor at several points. Under Penal Code 17(b), a judge can reduce the charge at the preliminary hearing, when granting probation, or after you complete probation and petition for reduction. A wobbler also drops to a misdemeanor automatically if the court imposes a punishment other than state prison or county jail under 1170(h), such as straight probation with no jail time.9California Legislative Information. California Code PEN 17 – Preliminary Provisions
Getting a wobbler reduced matters enormously for everything that comes after the sentence: firearm rights, licensing, and immigration status all turn on the final classification. It is one of the most useful tools in California criminal defense.
What Follows You After the Sentence
The jail time is only part of the picture. A felony conviction carries lasting restrictions a misdemeanor almost never produces.
Firearms
A felony conviction triggers a lifetime ban on owning or possessing any firearm in California. Violating that ban is itself a felony.10California Legislative Information. California Code Penal Code 29800 – Felon With a Firearm Most misdemeanors leave your gun rights intact, though certain misdemeanor convictions involving domestic violence or specific weapons offenses carry their own firearm prohibitions. Even an expungement under PC 1203.4 does not restore firearm rights for a felony.11California Legislative Information. California Code Penal Code 1203.4 – Dismissal of Accusation or Information
Voting
You can register and vote while on probation, parole, mandatory supervision, or post-release community supervision. You only lose the right to vote while actually serving a sentence in state prison or county jail for a felony. Once released, your voting rights are restored automatically, though you need to re-register.12California Secretary of State. Voting Rights: Persons With a Prior Felony Conviction A misdemeanor conviction never affects your right to vote.
Immigration
For noncitizens, the classification can decide whether you stay in the country. Under federal immigration law, a conviction for a “crime involving moral turpitude” committed within five years of admission, where a sentence of one year or longer may be imposed, can make you deportable. Standard California misdemeanors carry a six-month maximum and often fall below that threshold. Felonies almost always meet it.13Ninth Circuit Court of Appeals. Criminal Issues in Immigration Law
For wobblers, the court’s final designation controls. If a wobbler is sentenced as a misdemeanor, the Board of Immigration Appeals treats it as a misdemeanor for immigration purposes. Reducing a wobbler under PC 17(b) can sometimes prevent deportation, which is why defense attorneys fight hard on classification whenever a noncitizen is charged.
Employment and Licensing
A felony can disqualify you from professions that require a state license, including law, medicine, education, and real estate. California’s Fair Chance Act bars most employers from asking about criminal history on initial job applications, but a felony will surface during the background check later in the hiring process. Federal agencies evaluate felony convictions individually, weighing the seriousness of the offense, how much time has passed, and evidence of rehabilitation.14USAJOBS Help Center. Can I Work for the Government if I Have a Criminal Record?
Clearing a Conviction
California allows you to petition for dismissal under Penal Code 1203.4 after completing probation. If granted, the court withdraws your plea and dismisses the case, releasing you from most penalties and disabilities of the conviction.11California Legislative Information. California Code Penal Code 1203.4 – Dismissal of Accusation or Information
Both felonies and misdemeanors are eligible, but the practical reach is different. A misdemeanor dismissal clears most lingering consequences. A felony dismissal helps with employment and licensing but does not restore firearm rights, and you must still disclose the conviction when applying for public office or a state professional license. Certain sex offenses are excluded from 1203.4 relief entirely.
If your felony is a wobbler, the stronger sequence is usually to petition for reduction to a misdemeanor under PC 17(b) first, then seek dismissal under 1203.4. The reduction itself restores firearm rights in many cases and changes how the conviction is treated for immigration and licensing. An unpaid restitution fine cannot be used as a reason to deny your petition.